E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, MONDAY, JUNE 5, 1995 No. 90 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, June 6, 1995, at 12 noon. Senate MONDAY, JUNE 5, 1995

The Senate met at 10 a.m., and was RECOGNITION OF THE ACTING The first is the issue of Bosnia. I be- called to order by the President pro MAJORITY LEADER lieve that President Clinton has made tempore [Mr. THURMOND]. The PRESIDENT pro tempore. The the right decision in the last couple of acting majority leader is recognized. days with respect to the introduction SCHEDULE of American troops into Bosnia. I know PRAYER Mr. BURNS. Mr. President, the lead- there was discussion by the White The Chaplain, Dr. Lloyd John er time has been reserved this morning, House and others about the potential of committing American troops under Ogilvie, offered the following prayer: and there will be a period of morning business until the hour of 11 a.m., with certain circumstances, particularly if Gracious Father, Your loving kind- Senators allowed to speak for up to 5 United Nations peacekeepers need to ness draws us to You. Your faithfulness minutes each. redeploy within Bosnia. However, in opens our hearts before You, and Your At the hour of 11 a.m., the Senate the last few days the administration omniscience motivates us to seek wis- will resume consideration of S. 735, the has been saying that they have no in- dom from You. We know that it is in a antiterrorism bill. The majority leader tention of introducing American troops relationship of complete trust in You has announced there will be no rollcall into Bosnia under that circumstance. that revelation of Your will is released. votes prior to 5 p.m. today. Frankly, I think the moving of You have called the women and men of Mr. President, I suggest the absence United States troops to Bosnia would this Senate to give dynamic leadership of a quorum. be a very serious mistake. It is true in a troubled, contentious, strife-filled The PRESIDENT pro tempore. The that the war in Bosnia is an inter- clerk will call the roll. world. National problems pile up and national tragedy. It is also true, I The legislative clerk proceeded to think, that sending American troops to international issues intensify. Espe- call the roll. Bosnia will do very little, if anything, cially, we ask for Your guidance in the Mr. DORGAN. Mr. President, I ask to resolve that tragedy. This country’s continuing discussion and vote on the unanimous consent that the order for support of the efforts by the United Na- antiterrorism legislation and for direc- the quorum call be rescinded. tions in Bosnia has been significant. It tion for the extent of our Nation’s in- The PRESIDING OFFICER (Mr. has included flyovers and logistical volvement in the crises in Bosnia. DEWINE). Without objection, it is so or- support and other things. We should Grant the Senators a special gift of sa- dered. continue that kind of support. But I gacity and strength. f think the support should not include May we all press on to the challenges MORNING BUSINESS the sending of American troops to Bos- nia. I believe it poses enormous risks of this week with the grateful memory The PRESIDING OFFICER. Under to our troops and our country with the of the decisive and visionary leadership the previous order, there will now be a potential of very few gains for Bosnia. of Margaret Chase Smith. Thank you, period for morning business with Sen- We should expect, I think, that the Father, for her life and courage. We ators permitted to speak therein. Europeans, through NATO, will play a seek to live this day with the same The Senator from North Dakota is recognized. significant role in responding to the measure of devotion to You and com- f issue of Bosnia. It is not as if this issue mitment to excellence that she exem- does not matter and it is not as if our plified. So, today we will attempt great AMERICAN TROOPS IN BOSNIA country should be isolationist. We are things for You and humbly receive Mr. DORGAN. Mr. President, this not isolationist, and what is happening great power from You. In Your holy morning I want to talk briefly about in Bosnia does matter. But under the name. Amen. two subjects in morning business. term of internationalism, it ought not

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7652 CONGRESSIONAL RECORD — SENATE June 5, 1995 be suggested that this country must I was reminded of the circumstances The farm bill ought to be a farm bill send troops everywhere in the world. of rural America again. My home coun- that cares about family farmers and, if Bosnia is in the European neighbor- ty lost 20 percent of its population in it does not, we ought not to have a hood. We have spent a great deal of the 1980’s, and it lost another 11 per- farm bill at all; we do not need it. The money and offered a great deal of sup- cent of its population in the first half U.S. Department of Agriculture was port over the years to NATO. It seems of the 1990’s. The fact is that rural founded under Abraham Lincoln in the to me that under the aegis of NATO counties—and, yes, Hettinger County, 1860’s with nine employees. That behe- and in the European Community we ND—is shrinking like a prune. moth now has over 100,000 employees. should be able to expect a substantial The farm bill that we have in this In the last 15 years, we had about a 25- commitment from the Europeans to country to try to help family farmers percent decrease in farm population— try to resolve the issue of the current is not working. At least it is not work- that is, the number of people living on role in Bosnia. I notice that is essen- ing to keep family farmers on the farm farms—and about a 28-percent increase tially what is now happening. The Eu- and make a decent living doing so. We in the number of people running the ropean countries are committing more are losing ground in rural America. farm program. It not only does not and are getting involved in a more ag- It is a paradox that our cities are work, it is so frightfully complicated gressive way to respond to this, and I more crowded and exhibit all of the that nobody in this country fully un- appreciate that because I think that is problems of overcrowding at the same derstands it. the way this needs to be resolved. time that my home county, and vir- So why do we not do it differently I most especially do not think it is tually every rural county throughout and construct a new farm program that the Farm Belt, is losing population. wise or appropriate to send United has as its preamble one central tenet, We are told that this is a global econ- States troops to the ground in Bosnia. which is that we have a farm program omy and that there are these disloca- I think a couple of centuries of history in this country to try to give an oppor- in the Balkans ought to tell us that tions. In a global economy, we are told, there are some winners and there are tunity to family-size farms to make a foreign powers attempting to achieve living. certain goals in that region of the some losers, and rural areas are losers. I do not understand why a global econ- Why is that necessary? Well, cor- world have generally paid a terrible porate agrifactories can farm success- cost and with none of their goals omy means that the big get bigger and the rich get richer and the rest some- fully because they have the economic achieved. strength to withstand two risks that So, Mr. President, I think the Presi- how get hurt; the small do not make it. I do not understand that. That is not farmers face. The first is the risk that dent of the United States has made the you may not get a crop. You might right decision in the last couple of an economy that makes sense to me. That is not an economy that equates have excessive rain or hail or insects. days. I support that decision, and I reward with effort. You might plant a crop and get noth- hope that will remain the decision of It seems to me that we ought to have ing. the administration as the months go an economy that rewards less specula- The second risk is, if you get the by. tion and rewards more real production. crop, you may not get a price, because, I do hope and pray for the sake of the Yet, the economy does not seem to do in the meantime, international grain people in that region that somehow that. It is a high time these days on prices for wheat or barley may have and some way this war can be stopped. Wall Street, as all of us know, but it is plummeted, and so you have a crop but As I have said, I think the United hard times on Main Street of Hettinger no price. Those two risks are risks that States has participated and will par- County and small towns trying to the big agrifactories can stomach and ticipate in an appropriate way to the make a go of it. can overcome, but family-size farms do logistics and equipment, overflights, We have in a global economy the not have the financial strength to do and other approaches under the aegis spectacle of American jobs going over- so. of the United Nations. seas, and those jobs that are left here So if we want in this country family I think war is a tragedy always, but are jobs paying less with fewer bene- farms producing our food, then we in this circumstance—I have been to fits. It is, we are told, a function of the must have some kind of a farm pro- what was formerly the country of global economy, the economy of eco- gram. It is that simple. Yugoslavia. I recall, in fact, when I was nomic realities. Now, should the farm program be one there, there was a forest fire in the Well, it is not an economic reality country. I recall the people of that re- that rewards the big folks at the ex- which I am prepared to accept. I do not pense of the little folks? I do not think gion coming together, as people do in think the people of the Farm Belt are crisis situations, and working together so. We have had a fundamental dis- prepared to accept it either. connection in the kind of farm program to try to respond to a natural disaster. We learned long ago in this country that we have had in this country. It occurred to me that people of the that just like the wagon trains that then Yugoslavia are very much like the forged west, you do not move ahead by We have believed that we can control people I grew up with in North Dakota, leaving some behind. That was a good the supply of grain and therefore in- like the people of the United States— lesson from the wagon trains because it crease price. In order to do that, you good, wonderful, hard-working people. is the only way they could survive, and want all of the farmers in the country Yet that society has split apart, and we it is still a good lesson for our country in the farm program, which means you see in that former Yugoslavia now un- today. We cannot, as a country, move especially want the big farmers. If you speakable horrors of war visited upon ahead while leaving some behind. get the big farmers in the farm pro- so many families and innocent people. I think that as we discuss this year gram, you spend most of your money I hope and pray that one day there will the construction of a new 5-year farm on the big farmers. So most of the be peace in that region. bill, we ought to think about that, money for the farm program has gone to the big farmers. f what works to give family farmers in America a decent opportunity to make The fact is that we have not con- HELP FOR THE FAMILY FARMERS a living so that we do not see this exo- trolled supply and we have not affected Mr. DORGAN. Mr. President, last dus of the family farm to the major cit- price. Why? Because we plant less in week, when the Senate was not in ses- ies where overcrowding already exists. this country and Canada plants more, sion and we had no votes, I was in Well, the farm bill will be written Argentina plants more, the French North Dakota. In part of my visit to now in the next 60 or 80 days, and the plant more. So, it is a fundamentally North Dakota, I visited my home coun- question is: What will it be? If it is like flawed strategy. ty of Hettinger County, a relatively the last two farm bills, it will be the We should decide now to disconnect small county in southwestern North same but less of it. So it will be less of from it and not do any of that. We Dakota. It is down in ranching coun- the same. So you take something that should decide that the farm program try, and there are also small farms. simply does not work and say let us do ought to be a mechanism by which we They raise a substantial amount of less of it. It is a concept that does not will provide decent prices to the output wheat. make much sense to me. of a family-size farm.

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7653 In the current farm program there is pose of it, I say we should get rid of the The PRESIDING OFFICER. The a circumstance where the Prince of farm program. clerk will call the roll. Liechtenstein was paid farm program We do not need to provide a stimu- The legislative clerk proceeded to benefits to a farm in Texas. Does any- lant for corporate agrifactories to call the roll. body think the Prince of Liechtenstein plow. They will plow. Corporations will Mr. PRESSLER. Mr. President, I ask is a Texas farmer? Of course not. plow the whole country. As soon as unanimous consent that the order for We had a bunch of Texans, a farmer they have plowed the whole country the quorum call be rescinded. coalition, so they could farm in Mon- and cornered the supply of food, guess The PRESIDING OFFICER. Without tana. They plowed a bunch of ground what? Go to the grocery store and see objection, it is so ordered. and seeded it by helicopter. They were what the price of food will be. The cor- f not farming the land. They were farm- porations of this country will darn sure THE UNBALANCED BUDGET ing the farm program, so they could make certain that consumers would be get $20,000, $40,000, or 50,000 payments paying well above the cost of produc- Mr. PRESSLER. Mr. President, I each. tion for food. have just returned from my State of We have a national newsman in this Of course, now we do not do that. We South Dakota, where I listened to the country that everyone probably has go to the store and buy a box of elbow farmers, small businessmen, students, read about recently—who I assume macaroni. Let us see how that relates wives, and citizens of South Dakota for lives in Washington, DC—gets $90,000 to the price of durum wheat. Somebody 9 days. I found many were thanking me under the wool and mohair program. I out on a farm raises durum wheat and for voting for the balanced budget reso- bet that newsman does not live with he grinds it into semolina flour, and lution, the Domenici-Dole budget that the sheep most of the year. He is living the semolina flour is produced into passed the U.S. Senate about 2 weeks in Washington, DC, or New York City. elbow macaroni. ago. The people of our country want It seems to me the farm program ought I can show when the price of durum change. They want us to do something to be targeted to family-size farms. wheat goes down 2 bucks a bushel, the about the huge deficit that has been Now what I propose is a new ap- price of elbow macaroni goes up. I can built up and they feel we have taken proach, and I hope the Senate Agri- show when the price of wheat goes the first step. The message I heard loud culture Committee will look at it. I down the price of cereal goes up. I can and clear was, ‘‘Please take the second think it will do the right thing and show that the snap, crackle, and pop in and third steps now.’’ save the Government money. I propose Rice Krispies often brings more to the For the first time since I have been we structure farm program price bene- people that produce the snap and the in the Senate, this body passed a real fits or farm program price supports or crackle, than the person that produces budget that will move us toward a bal- the safety net for farm programs, so the rice. anced budget in the year 2002. But even that the strongest price goes to the It is the same with puffed wheat. The with a balanced budget in 2002, we will first increment of production. puffer gets more than the wheat. It is still have a huge deficit. In some of my We say if a farmer raises 20,000 bush- the same with corn flakes. The flaker high school graduation speeches, I pre- els of wheat, we provide a price of $4.50 gets more than the person that rides dicted they will have to pay a tax sur- a bushel. We hope the farmer gets the tractor and raises the corn. charge on their income taxes for most money from the marketplace, but if That is the way things have worked. of their lives to help pay down the Fed- not, we provide $4.50 for the bushel for It is not right. eral deficit, or at least pay interest on the first 20,000 bushels of wheat, and We have an opportunity this year to it. that is all the money we have. We are write a farm program that produces I know the dullest story in the world sorry. If they want to farm the whole the right result. Now for social and probably is the Federal deficit, but county, God bless you, they have every economic reasons, this country ought cattlemen are aware that our budget right to farm the whole county, but the to care about who produces its food- that we passed here, if we stick to it, Federal Government does not have to stuffs. It ought to care about the Farm will result in lower interest rates. It be the financial partner beyond the Belt. It ought to care about preserving will also result in a stable dollar so first 20,000 bushels. If a farmer wants to a network of family farmers. For that that there can be international trade. farm beyond that level, they are on reason, we ought to have a safety net— Senior citizens understand that the their own. not for a set of golden arches or for the cuts in Medicare are merely a cut in That ought to be the case in all farm largest agrifactories—but, a safety net the rate of increase. Medicare has been programs. for family farmers. increasing at a 10-percent increase. In the dairy program, I have never We can do that. We can do it in a re- This budget allows about a 7-percent understood, for example, why there is sponsible and reasonable way—and we increase, and it provides for stream- need to support a dairy operation in can save the taxpayers’ money at the lining, doing away with fraud and California that milks 3,500 cows every same time—if we simply decide the abuse, and other steps within Medicare day. I do not know if anybody here has current farm program is not working and Medicaid so they can still provide milked a cow. I have milked a cow, but and we construct a new farm program, solid service. if you milk 3,500 cows a day and get a a better farm program, one that gives Even the Democrats’ study predicted price support under every gallon of some hope to family farmers for a that Medicare would go bankrupt by milk you pull from the cows, that just change. the year 2000 unless something is done. does not make sense. It is interesting that with all the dis- I find it very strange that many are It seems to me if we have price sup- cussion around this town about reform criticizing the Domenici-Dole budget ports for milk, we say we might pro- and reinventing, the odds are that un- but they did not provide an alternative vide a decent price support for the milk less things change in the next 60 or 80 here on the Senate floor. There was the from 80 cows. That is hard work for a days, we will see the same old tired, alternative of President Clinton which farmer running a farm. However, if a failed policies with respect to agri- every Member of this Chamber voted farmer wants to buy the 81st cow, guess culture. against. what? When they sit on the milk stool, I hope that the proposal that I am I do not mean to be partisan, but I do a little milking, those farmers making this year—the legislative pro- would say I am very proud and I have would be milking on their own risk. posal for targeting farm program sup- found my constituents thankful that I think that is what we ought to do port prices to family-sized farms—and Congress has finally started to address with the farm program. If we are not the roles by others that try to really the budgetary deficit problem. There is willing to recognize that the farm pro- substantially reform the farm program also a strong feeling among senior citi- gram is one that is designed to try to will this year give us a change. It does zens that to keep our currency solvent, help the family farmers stay on the not make sense to do less of the same, our dollar stable, and to avoid inflation farm—and those are important things when the same does not work. is worth a great deal to them. This to care about from social and economic Mr. President, I yield the floor. I sug- budget will start to do that if we stick policy reasons—if that is not the pur- gest the absence of a quorum. to it.

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7654 CONGRESSIONAL RECORD — SENATE June 5, 1995 So the message I got from my con- percent by the year 2002 to a four-dec- and technology could transform our stituents was, ‘‘Thank you for the vote ade low as a percentage of our econ- lives and contribute to our health and on the balanced budget that went omy. Some agencies, such as the Na- the standard of living and the security through the Senate.’’ But they are a tional Science Foundation, perhaps the of all Americans. little nervous about us. They say, ‘‘You National Institutes of Health, may be Federal investment in civilian re- are on second base. Keep going.’’ So cut only at the inflation rate during search and development did not cause that is the message I bring back from the next 7 years, but all others—that the Federal deficit. In fact, it is quite my constituents. I think it is an impor- is, NASA, the Department of Energy, the opposite. tant one to our Nation, because it is the Department of Commerce, EPA— Mr. President, here is a chart that I our No. 1 domestic problem, the unbal- all appear to be slated for much deeper want to direct my colleagues’ atten- anced budget. reductions. tion to. It shows civilian research and Mr. President, I yield the floor. I sug- For those who are not familiar with development as a percentage of gross gest the absence of a quorum. the budget process here—I am sure domestic product during the 40-year pe- The PRESIDING OFFICER. The there are some who are watching who riod from 1961 through the year 2001 or clerk will call the roll. may not be—let me explain why we 2002. In 1969, which is the last Federal The legislative clerk proceeded to cannot be more specific about the ef- budget that we had that was in bal- call the roll. fect of these budgets at this point. The ance, Federal civilian research spend- Mr. BINGAMAN. Mr. President, I ask budget resolutions that are still being ing was .76 percent of gross domestic unanimous consent that the order for considered in conference make many product, about in this range. With the the quorum call be rescinded. assumptions about Federal programs. sole exception of the Bush administra- The PRESIDING OFFICER. Without The only binding assumption which tion, it has trended lower for the last objection, it is so ordered. came out of what we did here in the quarter of a century. In 1995, it is esti- f Senate and in the House is the assump- mated at about .46 percent of gross do- MEASURE PLACED ON THE tion that affects civilian-applied re- mestic product, the same as it was in CALENDAR—H.R. 1045 search with regard to the domestic dis- 1992. cretionary spending cap. In fiscal year In the year 2002, under this budget The PRESIDING OFFICER. The 1995, this current year, that cap is $257 resolution that passed both the House clerk will read H.R. 1045 for a second billion for total domestic discretionary and now a different one in the Senate, time. spending. Under the Senate version of but the same in this regard, in the year The legislative clerk read as follows: the budget in 2002, it will be $234 bil- 2002, it will be about .27 percent under A bill (H.R. 1045) to amend the Goals 2000 lion, or a 10-percent reduction. That is these Republican budgets. That as- Educate America Act, to eliminate the Na- sumes the best case, as I mentioned tional Education Standards and Improve- a 10-percent reduction coupled with 7 ment Council, and for other purposes. years of no inflationary adjustment. earlier; that is, that research is treated on averages the same as other domestic Mr. BINGAMAN. Mr. President, I ob- Under the House version, the domestic discretionary programs. ject to proceeding at this time to the discretionary spending total in 2002 is It is not just that our civilian re- bill. even lower. In the House version, it search investments have not caused The PRESIDING OFFICER. The bill will be $229 billion. our current deficit. More importantly, will be placed on the calendar. If civilian research is treated on av- The Senator from New Mexico. erage like all other programs in this there is almost universal recognition Mr. BINGAMAN. Mr. President, I ask larger category, this domestic discre- that these investments have paid for unanimous consent that I be allowed to tionary spending category, which I themselves many times over by the speak for up to 20 minutes as if in would assume is really the best case growth that they have contributed to morning business. that we could hope for, if that were to our economy. It is not an accident that The PRESIDING OFFICER. Without be the case, then that research and de- American industries, from aerospace to objection, it is so ordered. velopment funding would be cut 30 per- agriculture to electronics to pharma- ceuticals, enjoy world leadership. Fed- f cent in real terms. If other programs, such as highway funding, law enforce- eral civilian research investments are CUTS IN CIVILIAN RESEARCH AND ment, and veterans programs are pro- truly investments in the Nation’s fu- DEVELOPMENT tected from cuts when funding is fi- ture. Mr. President, in my view, it is Mr. BINGAMAN. Mr. President, 2 nally allocated by the Appropriations folly to be cutting them to this extent weeks ago the Senate passed a budget Committees, the cuts in research and over the next 7 years as we enter this resolution designed to eliminate the development could reach 40 percent in new century. Federal deficit over the next 7 years. real terms. The cuts in Federal support for civil- The House passed its version of that Mr. President, I am tempted to ask ian research will almost surely not be budget the week before. what the research community in this made up in the private sector. The Wall While there are some major dif- country has done or failed to do to de- Street Journal on May 22 reported on ferences in those budgets, particularly serve this type of treatment at this deep cuts being made by AT&T, by on tax cuts and defense spending and stage in our Nation’s history. The re- General Electric, by IBM, Kodak, Tex- domestic discretionary spending, there search community won the cold war for aco, and Xerox in their research budg- is one common feature, and that is a us. They put men on the moon, they ets. The reason: Private-sector firms proposed drastic cut in Federal support revolutionized medicine, they invented have an ever narrower focus and an for civilian research and development. computers, they pioneered electronics ever greater unwillingness to invest in That is across Government. and semiconductor devices. They in- long-term research projects, the bene- There has been very little attention vented a myriad of new materials that fits of which are uncertain, and usually paid to this part of the budget bal- have fundamentally changed our lives. the benefits of which are not ancing effort so far. The public atten- This is just as Vannevar Bush, who capturable by any single firm alone. tion has been concentrated on Medi- was one of the giants in the post-World The governments of our major eco- care, Medicaid, education, and tax cuts War II generation in science, predicted nomic rivals, Japan and Germany, rec- for the wealthy. But this issue, these in his report, ‘‘Science: The Endless ognize the importance of civilian re- drastic cuts in Federal support for ci- Frontier,’’ about half a century ago. search investments. Let me show you vilian research and development, may Bush had the wisdom to know nearly 50 another chart, Mr. President. This be the place where the Republican years ago that new scientific and tech- chart compares the three countries in budgets that have been passed through nological fields would emerge that he 1992. It shows that in 1992, the German the two Houses will do the most dam- could not yet imagine —semiconductor Government invested .9 percent of age to our Nation’s future well-being electronics, for example, or molecular gross domestic product that year in ci- and prosperity. biology and the material sciences, just vilian research, over in the right. The Overall, civilian research and devel- to name three. Bush had the vision to Japanese Government invested .5 per- opment spending will be cut 30 to 40 see that Federal investments in science cent, directly and indirectly. Neither

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7655 country shows any sign that it is join- This notion of what the appropriate and as my colleagues know I led an ef- ing us in planning to slash investment role of the Federal Government in re- fort during the debate on the budget to in research spending. It is quite the op- search is and is not was supported in make spending on research, technology posite. They and the other industrial numerous pieces of legislation passed and related trade promotion and trade countries around the world are seeking since 1980 with bipartisan sponsorship law enforcement programs a high pri- to emulate the successful American and with the blessing of the Reagan ority in the allocation of funds for the model of the last half century in and the Bush administrations. The vast next 7 years. The amendment would science and technology, just as we majority of that legislation passed this have put the Senate on record in favor seem bent on abandoning that model. body unanimously. of maintaining the overall fiscal year Our research universities, our Fed- Indeed, the American bipartisan con- 1995 level for these programs. It would eral laboratories, and our investments sensus of 1992 on the appropriate role of have conceded that there would be no in small business research and innova- Government in civilian research and inflationary adjustment during that tion are the envy of the world. Under development was incorporated in late period. But it would at least have tried the Republican budgets, we risk losing 1993 into the Uruguay round subsidies to keep in place existing funding. It a generation of research and of young code, and it is now the world norm that would have put the Senate on record researchers, since the best students governments can fund the full cost of against any net tax cuts unless we will be diverted to other professions by basic research, they can fund up to 75 could first achieve that goal. the grim job prospects awaiting them percent of the cost of applied research The amendment did not seek to allo- in research careers. that is relevant to industry and up to cate funds within any of the various ci- Mr. President, it is worthwhile to ask 50 percent of the cost of precompetitive vilian research agencies. That would how we got ourselves into this fix, and development. They can do all of that have been left, as it should be, to the how we can get out of it. That is some- without risking trade sanctions. Any authorizing and appropriating commit- thing I believe will be discussed here in development subsidies beyond that tees. the coming months as we talk about precompetitive stage are fully By the year 2002, even under the these budgets. sanctionable, as they should be. amendment I offered, Federal civilian What we have seen over the last 2 Unfortunately, by late 1993, this bi- research and development investments years is the almost complete fracturing partisan consensus that I have referred would be at a four-decade low as a per- of bipartisan consensus which was to had been fractured. As President centage either of Federal spending or of gross domestic product. forged during the Reagan and Bush ad- Clinton and Vice President GORE pur- Mr. President, this first chart I put ministrations on the appropriate Fed- sued a science and technology policy up before makes that point very dra- eral role in civilian research and devel- almost identical to President Bush’s matically. It shows that we would have opment. The consensus was that the and did so with real commitment, the lowest level of spending, the lowest Federal role should stop at which I commend them for, our debate precompetitive development activity, percentage of spending of our gross do- suddenly reverted to the sort of bump- mestic product on civilian research we which should be conducted on a cost- er sticker level which we had mistak- shared basis, with industry putting up have had in four decades. enly thought was behind us. Charges of It would not have fixed the problem at least half the money. One test of the industrial policy, charges of picking of sustaining our investments at the precompetitive nature of the research winners and losers were affixed to a level that our economic competitors was whether some of our industry’s in- broad range of civilian research pro- will be investing. Even if the amend- tense rivals, such as Intel and Motor- grams. ment had been adopted, in 2002 we ola, in the case of Sematech, which By early this year, the bumper stick- would still be spending slightly more most of us are familiar with, could col- er pejorative had become corporate than half of what the Japanese Govern- laborate in a single effort. Everyone welfare. That is a phrase which, unfor- ment spends and about a third of what agreed that the Federal role should not tunately, was popularized earlier this the German Government spends as a include helping individual firms to get year when Secretary of Labor Bob percentage of gross domestic product. specific products to the commercial Reich used it to refer to tax incentives, Unfortunately, this very modest ef- marketplace. tax subsidies of various kinds. fort was defeated here on the Senate Indeed, the very term, ‘‘pre- Republican leaders argued, mistak- floor by a vote of 53 to 47, with all Re- competitive development,’’ was first enly, that Federal support for research publicans except Senator JEFFORDS coined by President Bush in a speech in areas from aeronautics to computers voting in opposition and all Democrats that he gave to the American Elec- to health to energy to agriculture and voting in favor. tronics Association in February of 1990. the environment was somehow illegit- I also supported a comprehensive He was seeking to distinguish the tech- imate, either because it was corporate fair-share budget, which was a sub- nology policy that he was pursuing in welfare or it represented some type of stitute offered by my colleague, Sen- his administration from the industrial industrial policy. It was merely seen as ator CONRAD, that would have balanced policies of his predecessors in the a duplication of private sector efforts. the budget while preserving funds for 1970’s—for example, the Clinch River As David Sanger, who has reported domestic discretionary programs. The Breeder Reactor, supersonic transport, on these issues for many years, pointed fair-share budget provided $36 billion in and the Synfuels Corporation. out in an article in the business section additional discretionary funds in 2002 President Bush spoke proudly during of the New York Times on May 23—this for research, education, and other pri- the 1992 campaign of his efforts to ex- is a quote from his article: orities by limiting the growth of tax pand civilian applied research through Such arguments underscore the sharp dif- loopholes for wealthy corporations and a series of new, high payoff invest- ference in the way technology and trade pol- individuals. That also failed on a 60-to- ments in critical technologies: icy is dealt with in Washington and in the 39 vote, largely along party lines. A high performance computing and capitals of its major economic competitors, Almost a century ago, in 1899, the communications initiative; an initia- where trade is considered national security head of the Patent Office, Charles tive to improve the manufacturing and and ‘‘picking winners and losers’’ is a phrase Duell, is purported to have proposed to performance of materials; an expanded with no political resonance. close up shop at the Patent Office be- program in biotechnology research; the Mr. President, the overall budget cause, in his opinion, ‘‘everything that establishment of the U.S. advanced prospects facing civilian research in can be invented has been invented.’’ A battery consortium, which was to be this country in the years ahead dem- half century later, Vannevar Bush laid funded for 4 years; a significant in- onstrate just how high a political reso- out his starkly different vision for the crease in our aeronautics research nance this issue seems to have taken Federal role in science and technology. budgets; and the establishment of on today, at least in some parts of the Now, as we prepare to enter the 21st seven regional manufacturing tech- political spectrum. century, we face a choice between nology centers for the distribution of I do not believe this course we have those two competing visions. Because I modern manufacture of tools and charted for ourselves in these budget believe that the scientific and the tech- know-how. resolutions makes sense for the Nation, nological frontier is still endless, just

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7656 CONGRESSIONAL RECORD — SENATE June 5, 1995 as it was 50 years ago, and because I do TRIBUTE TO FORMER SENATOR was the soul and conscience of our not want to risk condemning our chil- MARGARET CHASE SMITH community.’’ Clearly, Mr. Kluttz prac- dren and grandchildren to a less pros- Mr. THURMOND. Mr. President, dur- ticed the kind of journalism that, un- perous and less healthy and less secure ing my tenure as a Member of this dis- fortunately, is now all too rare. future, I intend to continue fighting for tinguished body, I have had the pleas- Mr. President, I know I speak for all Federal research investments even as ure of serving with many individuals of those who knew Jim Kluttz when I say we continue working toward a budget impressive character and ability. Few, that he will be missed greatly. My resolution. however, possessed the unwavering heartfelt condolences go out to his I hope we can restore the bipartisan commitment to principle and public wife, Alma Wyatt Kluttz, his two sons, support for these programs that was service demonstrated by Senator Mar- James Thomas Kluttz and John Boyd there until very recently, and I hope garet Chase Smith, who passed away Kluttz, his daughter, Laura Anne K. we can do so before serious damage is this week at her home in Skowhegan. I Smith, and their families for the loss done to the programs. I am afraid this would like to offer her family and they have suffered. is going to take not just months but friends my deepest condolences for f perhaps even years. their loss, a loss suffered by our entire Mr. President, I appreciate the WAS CONGRESS IRRESPONSIBLE? Nation. THE VOTERS HAVE SAID YES! chance to speak. I yield the floor, and After an accomplished career of 8 Mr. HELMS. Mr. President, more I suggest the absence of a quorum. years in the House of Representatives, than 3 years ago, I began daily reports The PRESIDING OFFICER. The Mrs. Smith was first elected to the to the Senate to make a matter of clerk will call the roll. Senate in 1948 and served four consecu- The bill clerk proceeded to call the record the exact Federal debt as of tive terms. A political leader of na- roll. close of business the previous day. tional stature, her substantial talents Mr. DOLE. Mr. President, I ask unan- As of the close of business Friday, earned her a prominent role in Repub- imous consent that the order for the June 2, the exact Federal debt stood at lican Presidential contests. quorum call be rescinded. $4,902,882,032,835.06, meaning that on a Mrs. Smith brought grace and wis- The PRESIDING OFFICER. Without per capita basis, every man, woman, dom to this Chamber as a dedicated objection, it is so ordered. and child in America owes $18,611.42 as representative of the people. An in- f his or her share of the Federal debt. trepid spirit characterized her work as It is important to note, Mr. Presi- TRIBUTE TO THE LATE JAMES C. a member of the Senate Armed Serv- dent, that the Senate had an oppor- SELF ices Committee, on which I had the tunity to implement a balanced budget Mr. THURMOND. Mr. President, this pleasure of serving with her. At all amendment to the Constitution. The month in Greenwood, SC, a terrible, times, the safety and prosperity of the Senate failed by one-vote in its first sudden loss has been suffered by the en- Nation were her sole objectives, and opportunity to bring the Federal debt tire community. On May 4, James C. she worked to ensure that the United under control. ‘‘Jim’’ Self—successful businessman, States was always prepared to defend There will be another opportunity in committed public servant, concerned liberty against any enemy. the months ahead. community leader, and dedicated fam- When our Nation was gripped in tur- Mr. DOLE. What is the pending busi- ily man—was tragically killed in a moil, Mrs. Smith was quick to supply ness? raging debates with needed perspective traffic accident which no one could f have anticipated. and calming insights. She personified Respected for his position as chair- the very best qualities that define the CONCLUSION OF MORNING man of the board of Greenwood Mills American character and applied those BUSINESS Inc., Mr. Self was born and raised in commendable attributes to all of her The PRESIDING OFFICER. Morning Greenwood and went on to earn a bach- work as a Member of this institution. business is now closed. elor of arts degree from Clemson Uni- Mr. President, I am confident I speak f versity and a masters of business ad- for all of us who knew Margaret Chase COMPREHENSIVE TERRORISM ministration from the University of Smith when I say that she will be PREVENTION ACT South Carolina. Throughout his life, greatly missed. Her legacy is a stand- Mr. Self established a well deserved ard of public service toward which The PRESIDING OFFICER. The reputation as a civic leader whose ac- every Member of the U.S. Senate clerk will report the pending business. tivities included service on the Green- should strive, and my sympathies go The bill clerk read as follows: wood board of Bankers Trust, the State out to all those touched by her warmth A bill (S. 735) to prevent and punish acts of board of NCNB, and the boards of Bene- and intelligence. terrorism, and for other purposes. dict College, Junior Achievement, and f The Senate resumed consideration of the Greenwood YMCA. In addition, Mr. the bill. TRIBUTE TO THE LATE JAMES Self served on the Governor’s Review Pending: Board under John West, for which he BOYD ‘‘JIM’’ KLUTTZ Hatch Amendment No. 1199, in the nature was awarded the South Carolina Order Mr. THURMOND. Mr. President, of a substitute. of the Palmetto. He was also a member James Boyd ‘‘Jim’’ Kluttz passed away AMENDMENT NO. 1199 of the First Baptist Church of Green- last month at his home in Laurens, SC, Mr. DOLE. Mr. President, let me say wood. and I would like to offer his family and to my colleagues that we hope to com- Let us make certain that we remem- many friends my deepest condolences plete action on this bill very quickly, ber with respect and admiration the for their heavy loss. and I am asking my colleagues on each substantial contributions this out- A dedicated reporter, Mr. Kluttz side—I think there are 67 amendments standing citizen made to his family, his served as editor emeritus of the on the Democratic side, 30-some on the community, and the State of South Laurens County Advertiser following Republican side—to see if we cannot Carolina. his retirement from the paper in 1981. limit the number of amendments. We Mr. President, I know I speak for all His tenure with the paper began in 1966, will also file cloture today and try to those who knew Jim Self when I say and Mr. Kluttz photographed and re- get consent to vote on that cloture mo- that he will be missed greatly. My ported upon the people and places of tion tomorrow in an effort to expedite deepest sympathies go out to his wife— Laurens County for the next 15 years. this bill. Linda Coleman Self—and children— His colleagues described his love and Immediately after the tragic events Linda Elizabeth Self, James C. Self III, commitment to the people of Laurens in Oklahoma City, I wrote to President and Furman Coleman Self—and the en- as follows: ‘‘(Mr. Kluttz’) was the kind Clinton expressing my hope that we tire Self family, including his distin- of journalism that reflects the heart could put aside partisanship and de- guished father—Mr. James C. Self—for and soul of a community and all that is velop an antiterrorism plan all Ameri- the tremendous loss they have suffered. good in it * * * and, in many ways, he cans could support. Just as partisan

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7657 politics stopped at the water’s edge interest to have somebody up here try- limit to the number of petitions a con- during World War II, it has always been ing to make certain that we pass the victed killer may file. It requires the my view that partisan politics should bill. Federal courts, once a petition is filed, stop at ‘‘evil’s edge’’ in our war against If we do not complete action by the to complete judicial action within a terrorism. close of business tomorrow, I will have specified period of time. During the past several weeks, I have no other choice but to withdraw the In fact, if the Federal Government had the opportunity to discuss this antiterrorism bill and move on to other prosecutes the Oklahoma City case and issue directly with the President. Our legislative business. If we can get con- the death penalty is sought and im- staffs have shared ideas. We have intro- sent to vote on cloture tomorrow, we posed, the execution of the sentence duced our own legislative plans. And will find out how many people really could take as little as 1 year if these Senator HATCH, chairman of the Judi- want this bill, or whether this bill will reforms are enacted into law. Other- ciary Committee, has had several im- become a Christmas tree where every- wise, it might take 5, 10, 15 years. It portant hearings. The proposal now be- body has a political agenda and they seems to me it is a step that ought to fore the Senate is a culmination of all want to put it on the antiterrorism be taken, a step the President talked these efforts: Democrats, Republicans, bill. I believe that would be a grave about on ‘‘60 Minutes.’’ Somebody said the President, staff input. This is a bi- mistake. We have a full plate here in he wanted habeas corpus reform. Ha- partisan plan. It reflects many Repub- the Senate. We have telecommuni- beas corpus reform is an essential com- lican ideas, and it contains many of the cations, and I promised both Senators ponent of any serious antiterrorism initiatives endorsed and sought by PRESSLER and HOLLINGS for the last 2 plan. The relatives of some of the vic- President Clinton himself—prohibi- or 3 weeks that we would like to finish tims of the Oklahoma City bombing tions on fundraising for foreign ter- that this week. We have welfare reform have traveled all the way to Wash- rorist organizations; the Alien Ter- and regulatory reform, just to name a ington today to make this very point. rorist Removal Act, which is designed few. All of these will take some time. In fact, I think there is a press con- to deport alien terrorists in a prompt We do not have time to get bogged ference going on as I speak. They want manner without disclosing vital na- down for 3 weeks on a very important Congress to act on these reforms and tional security information; and in- bill with amendments that are not im- act now. That is the view also shared creased funding for the Federal Bureau portant at all, for the most part, and by a bipartisan group of State attor- of Investigation and other law enforce- just making statements or having neys general, including Drew ment agencies. votes when the amendments could be Edmondson, the Democratic attorney Now, last week we brought this up accepted. I have heard that many of general of Oklahoma. before the recess first, I think, for the the amendments will be accepted. Let In a recent letter to President Clin- record. So we had this almost filibuster us not waste 20 or 30 minutes on roll- ton, these attorneys general write: on the budget with tons of amendments call votes on 15 or 20 amendments that Expedited consideration of [habeas corpus that took, I do not know how many, 10, can be accepted. It seems to me that if reform] legislation in the context of the 20 hours to vote on the amendments. our colleagues want to pass this bill, antiterrorism bill is entirely appropriate. That lost us 24 hours in the process. By accepting it is just as good as having a Unless habeas corpus reform is enacted, cap- design? I do not know, but it happened vote, and we can save a lot of time. ital sentences for such acts of senseless vio- and we wasted a lot of time. We will be in late tonight, and votes lence will face endless legal obstacles. This I told the President I wanted to pass will start at 5 o’clock. It is not in the will undermine the credibility of the sanc- this bill on the Senate side before the tions and the expression of our level of op- interests of the American people to probrium as a Nation for acts of terrorism. Memorial Day recess, and we did bring delay. We can always return to the it up. And then we were flooded with antiterrorism bill, and this might be Despite his positive comments about amendments, again maybe by design something to do during the August re- habeas reform in a ‘‘60 Minutes’’ inter- and maybe not. But the President is cess if we cannot get it done now. We view, President Clinton has written me the leader of the Democratic Party. He are going to be here for part of August, urging me to exclude habeas corpus re- said last week, ‘‘There are too many no doubt about it. Maybe this will be a form. One day he is for it, and the next amendments (to the Senate bill) that priority during the first 2 or 3 weeks day he says exclude it. Do not bring it threaten too much delay.’’ during what might have been the Au- in now because it might upset some of I happen to agree with the President gust recess. the liberals on the other side of the on that, but I have not seen any evi- Mr. President, of all the antiterrorist aisle. dence of any active engagement by the proposals under consideration, habeas The President has publicly chided White House in the legislative process corpus bears perhaps most directly on Members of the Senate for refusing to on the other side of the aisle. The last the tragic events in Oklahoma City. If endorse his ‘‘emergency wiretap’’ pro- count was, as I said, 67, 69. we really want justice that is ‘‘swift, posal; yet, strangely enough, the Presi- The bottom line is that words of certain, and severe,’’ as President Clin- dent himself refuses to endorse the one complaint will not be enough. Com- ton urged, then we must stop the end- proposal that will bear most directly plaining about delay may make for less appeals and endless delays that on the Oklahoma City tragedy—and good politics, but what we need from have done so much to weaken public that is habeas corpus reform. the President is not words but leader- confidence of our system of criminal Finally, Mr. President, the American ship. I want to fulfill the President’s justice. people deserve the straight story, and request. I want to pass the According to Princeton Prof. John the straight story is that America is antiterrorism bill promptly, without Diiulio, more than 330,000 Americans not an impregnable fortress. No legisla- delay. But if we are going to accom- were murdered during the 16 years be- tion, no matter how well-intentioned, plish this goal, the President will have tween 1977 and 1993. Yet, during the no matter how well-conceived, can to move off the sidelines and get into same period, only 2,716 people were guarantee absolute security. We can the game, as we need his help. It is not placed on death row and only 226 con- take every possible precaution. We can enough to make the speeches, not victed killers have actually been exe- pass tough laws. But in a free society enough to make the radio addresses, cuted. In America, today there is clear- there will always be risks—a fact of life not enough to say whatever. We ought ly a big disconnect between crime and vividly demonstrated by the recent to pass it. But particularly in the U.S. punish. breaches of White House security. Senate, where any group of Senators Our habeas corpus reform proposal I want to thank my distinguished can slow things down—and we have had seeks to bridge this gap by imposing a colleague from Utah, Senator HATCH, almost a record performance this year 1-year filing deadline on all death row for his leadership in developing an by my colleagues on the other side— inmates, State or Federal. It limits antiterrorism plan. During the past this happens to be a bill that is not convicted killers in State or Federal several weeks, he has provided the in- partisan. It is bipartisan. It is some- court to one habeas petition. That is tellectual glue that has kept this effort thing that the President claims credit one bite at the apple. In contrast, together. I also thank my distin- for. It seems to me it would be in his under current law, there is virtually no guished colleagues from Oklahoma,

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7658 CONGRESSIONAL RECORD — SENATE June 5, 1995 Senators NICKLES and INHOFE, for their possible, words will not be enough. Your ac- offer amendments on. This is not the input and for their role in developing tive involvement in discouraging Democratic last train to come through the Senate. this antiterrorism plan. We all know Senators from offering unnecessary and un- I hope we can pass a good bill, and I related amendments is absolutely essential. this has been a very difficult time for I hope you would also call upon Congress hope the House follows suit very quick- them and their constituents. So we are to pass meaningful habeas corpus reform as ly and that we get it to the President especially appreciative of their invalu- part of the anti-terrorism proposal now in the next week or so. able help. pending before the Senate. Of all the anti- Mr. President, I suggest the absence I had a conversation with Senator terrorism initiatives under consideration, it of a quorum. BIDEN from Delaware before we went is perhaps habeas corpus reform that bears The PRESIDING OFFICER. The out for the recess. I believe he wants to most directly on the tragic events in Okla- clerk will call the roll. homa City. In fact, if the federal government complete action on this bill as quickly The assistant legislative clerk pro- as possible. I think with his coopera- prosecutes the Oklahoma City case and the death penalty is sought and imposed, the ceeded to call the roll. tion, and with some help from the execution of the sentence could take as little Mr. HATCH. Mr. President, I ask White House and with help on this side as one year if the reforms in the pending leg- unanimous consent that the order for on Republican amendments, we can islation are enacted into law. the quorum call be rescinded. wrap this bill up. There is no reason we Not surprisingly, a bipartisan group of The PRESIDING OFFICER. Without could not finish it today, or certainly State Attorneys General, including Drew objection, it is so ordered. by tomorrow. Edmondson, the Democratic Attorney Gen- eral of Oklahoma, has written that ‘‘expe- Mr. HATCH. Mr. President, I have I ask unanimous consent that a let- just come from a press conference ter I sent to President Clinton last dited consideration of [habeas corpus reform] legislation in the context of the anti-ter- where a significant number of the vic- Thursday be printed in the RECORD im- rorism bill is entirely appropriate. Unless tims of the Oklahoma City bombing ap- mediately after my remarks. habeas corpus reform is enacted, capital sen- peared. It was a very moving experi- The PRESIDING OFFICER. Without tences for such acts of senseless violence will ence for me to hear these people talk objection, it is so ordered. face endless legal obstacles. This will under- about their loved ones who were killed (See exhibit 1.) mine the credibility of the sanctions, and the Mr. DOLE. The letter suggests that expression of our level of opprobrium as a in the bombing and to meet some of the President should help us out on nation for acts of terrorism.’’ them who were actually maimed and this bill. He could call his Democratic Finally, I was struck by how your radio ad- harmed during the bombing. colleagues, maybe have a White House dress last Saturday characterized the anti- At that particular press conference meeting, and see if we cannot complete terrorism legislation now pending before the were Diane Leonard, whose husband, Senate. The address described the legislation Don, a Secret Service agent was killed action on this bill. The House has not in very personal terms, as ‘‘my proposal,’’ acted. But that does not mean we can- in the bombing; Glenn Seidl, who lost ‘‘my anti-terrorism bill,’’ ‘‘the legislation I his wife, Kathy; Kay Ice, who lost a not act. We can act first for a change. proposed.’’ With all due respect, Mr. Presi- I say to my colleagues, let us expect dent, this legislation is a bipartisan product, brother, Paul, a Customs agent; Mike a number of votes. I do not see the incorporating many initiatives proposed by Reyes, who lost his father and was in- managers here, but I think they are in Republicans and Democrats alike. The sim- jured himself; Jason Smith, who lost a press conference with some family ple fact is that the anti-terrorism plan now his mother, Linda McKinney; Dan members of the victims of the Okla- before the Senate does not belong to any one McKinney, Linda’s husband; Gary party or any one political figure. It belongs Bland, who lost his wife, Shelly; Su- homa City tragedy. I say, again, if the to the American people. amendments can be accepted and if zanne Britten, who lost her fiance, Sincerely, Richard Allen; Earl Adams, who lost a there is no problem with the amend- BOB DOLE. nephew, Scott Williams; Alice Maroney ments, let us not have votes like that f at 7, or 8, or 9 o’clock tonight. Dennison, who lost her father, who With all the good will I can muster, CLOTURE MOTION gave me this ribbon and pinned it on I believe this is an important bill, im- Mr. DOLE. Mr. President, I send a me personally, representing the trag- portant for the American people, im- cloture motion to the desk. edy, or I should say tragedies that oc- portant for the victims’ families and The PRESIDING OFFICER. The curred in the Oklahoma City bombing. those involved in Oklahoma City. Also, clerk will report. I very proudly will wear this ribbon it is important that we get it done. I The assistant legislative clerk read and will keep it after this debate, as am certainly willing to work with the as follows: well. And I want to thank Alice President in an effort to do that by the CLOTURE MOTION Maroney Dennison for thinking of me close of business tomorrow. We the undersigned Senators, in accord- and being kind enough to give me these EXHIBIT 1 ance with the provisions of rule XXII of the ribbons, representing various aspects of U.S. SENATE, Standing Rules of the Senate, do hereby the Oklahoma City bombing. OFFICE OF THE REPUBLICAN LEADER, move to bring to a close debate on the sub- Beverly Rankin was also a survivor Washington, DC, June 1, 1995. stitute amendment to S. 735, the anti-ter- who lost many friends in the bombing. rorism bill. The PRESIDENT, Mr. and Mrs. Lee Chancellor were Bob Dole, Orrin G. Hatch, John Ashcroft, The White House, there, as well, and of course he is a Washington, DC. Slade Gorton, Craig Thomas, Strom Thurmond, Spencer Abraham, Alfonse strong force in one of the national or- DEAR MR. PRESIDENT: As you may know, ganizations trying to get some finality the Senate is currently scheduled to resume D’Amato, Trent Lott, Larry E. Craig, consideration of the anti-terrorism bill when Dan Coats, Rick Santorum, Bob Smith, in the habeas corpus laws. we return on Monday, June 5. Under a unani- Don Nickles, Rod Grams, R.F. Bennett. I have to say I was very impressed by mous consent agreement adopted last Fri- Mr. DOLE. Mr. President, let me in- these victims of this bombing. They day, a total of 99 amendments to the bill are dicate I will be speaking with the stood there and told their stories and in order (32 Republican amendments and 67 Democratic leader to see if we cannot begged the U.S. Senate and the Con- Democratic amendments). have a vote on this tomorrow. I did not gress as a whole to get this bill I am now in the process of urging my Re- through and to keep the true habeas publican colleagues not to offer any unneces- file the motion on the Friday before we sary or unrelated amendments. Hopefully, went out because I thought at that corpus provisions in the bill as they are these efforts will pay off and we will be able point there would be a lot of progress currently written. to reduce the number of Republican amend- made during the recess. I am not cer- The habeas corpus provisions of this ments to a manageable level. During the re- tain what progress has been made, but bill happen to be the only part of the mainder of this week, it is my hope that you this is just the final attempt on the bill and really, the only thing we can will exert similar pressure on the Democrats part of the majority leader to try to do, to make up to those who have lost in the Senate, particularly in light of your pass this bill. family members and those who have complaint yesterday that ‘‘there are too many amendments that threaten too much We will find out how many people been hurt and maimed, as a result of delay.’’ really want to pass the antiterrorism the Oklahoma City bombing. It is the Mr. President, if you really want Congress bill when it comes to a cloture vote. one reform Congress can pass which to pass the anti-terrorism bill as promptly as There will be other bills this year to will affect this case.

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7659 It is the one thing we can do some- Immediately following the trial or trials in disastrous system in place for cases thing about. We can stop these inces- Federal court, I shall, working in coopera- tried in State court. sant, frivolous appeals, that cost the tion with the United States Department of As of January 1, 1995, there were Justice and the Federal law enforcement some 2,976 inmates on death row. Yet, taxpayers hundreds of millions of dol- agencies investigating the bombing of the lars—billions over the extended period Alfred P. Murrah Building, prosecute in only 38 prisoners were executed last of time—in frivolous litigation, that Oklahoma State court the cowards respon- year, and the States have executed keeps these people alive for 5, 10, usu- sible for murdering innocent people in the only 263 criminals since 1973. ally an average of almost 10 years, areas surrounding the Federal building. And Yet, keep in mind, 2,976, almost 3,000, sometimes as long as 18 to 20 years. I shall seek the death penalty. We must are sitting there on death row. Many Some of them die in prison before the never forget that this bombing took several more have died while in prison from final judgments are carried out. lives and injured dozens of persons in the natural causes, and some even from un- neighborhoods and businesses near the build- The reason that the far left in this natural causes, while waiting for impo- ing. The State of Oklahoma has an over- sition of their penalty, because of friv- country is fighting habeas corpus re- whelming, compelling interest to seek and form is because they hate the death obtain the maximum penalty allowable by olous habeas corpus appeals. penalty. They feel they cannot win the law for the senseless and cowardly killings. I might add, some of them have com- mitted further murders while the battle over public opinion so they have That is a statement of Robert H. delays have occurred, murders that adopted a strategy to make death pen- Macy, the district attorney for Okla- would not have been committed had alty litigation so costly and so pro- homa City, a Democrat. tracted that capital punishment is In our reaction to the destruction of sentences been carried out. Abuse of the habeas process features eliminated de facto. Now, I have to the Federal buildings in Oklahoma strongly in the extraordinary delay be- admit that I believe the death penalty City, we may overlook the fact that tween the sentence and the carrying is proper, but I hate it, too. I wish we the bomb also caused the death of peo- out of that sentence. In my home State never had to use it. I wish there would ple not inside the building at the time, of Utah, for example, convicted mur- be no heinous murderers in our society. that were not inside the building itself, derer William Andrews, with his part- But there are occasions where it is ap- or even on Federal property. The State ner, murdered a number of people in propriate and just. It is a deterrent, as of Oklahoma, not the Federal Govern- the hi-fi murder case, but only after much as the opponents of the death ment, will thus prosecute those respon- they had tortured them by ramming penalty argue against it. sible for the bombing that killed people pencils through their ears and pouring However, I would suggest that in- outside of the Alfred P. Murrah Build- drain cleaner down their throats, de- stead of throwing up frivolous appeal ing. stroying their vocal boxes and their after frivolous appeal and allowing this In those instances, Federal jurisdic- esophageal areas. system to distort and disrupt our soci- tion may not obtain and it will thus be There, the imposition of a constitu- ety and putting these victims and their necessary to prosecute the killers tionally imposed death sentence for families through frivolous appeal after under State law, as well as Federal, over 18 years. The State had to put up frivolous appeal, I would suggest that court. millions of dollars in precious criminal A failure to enact a complete, mean- if they hate the death penalty, argue justice resources to litigate his ingful, reform of habeas corpus pro- the issue straight up, argue against the meritless claims. His guilt was never in ceedings may enable the individuals in death penalty. Make their philo- question. He was not an innocent per- this case, provided they are appre- sophical points. Fight it throughout son seeking freedom from an illegal society if they want to, but do not hended and duly convicted, to frustrate punishment. Rather, he simply wanted make a mockery of justice by keeping the demands of justice. The blood of to frustrate the imposition of punish- a system alive that literally is thwart- the innocent men and women are on ment his heinous crimes warranted. ing justice. the hands of the evil cowards who com- This abuse of habeas corpus litiga- The fact of the matter is some have mitted this terrible tragedy. Justice tion, particularly in those cases involv- argued that habeas reform applied to must be, as President Clinton declared, ing lawfully imposed death sentences, the State is not germane to this de- ‘‘swift, certain, and severe.’’ has taken a dreadful toll on victims’ bate. These individuals, including my Moreover, failure to enact meaning- families, seriously eroded the public’s distinguished colleague and friend from ful, comprehensive, habeas reform will confidence in our criminal justice sys- Delaware, contend that a reform of the permit other killers who have terror- tem, and drained State criminal justice political overview of State convictions ized their communities to continue to resources. This is simply not a just sys- is meaningless in the context of the de- frustrate our judicial system in this tem. bate we are having. They are willing to country. If we adopt this view, we will Justice demands that lawfully im- admit that some revision of the collat- create a schism between State and Fed- posed sentences be carried out. Justice eral review may be in order, but they eral capital law. In other words, mur- demands that we now adopt meaningful contend that reform of Federal collat- derers tried in Federal court will face habeas corpus reform. Justice demands eral review of cases tried in State court imposition of their final penalty more that we not permit those who would is unnecessary. This position is simply swiftly than persons tried for capital perpetuate the current system to steer incorrect. crimes in State courts—that is, if we us from our course. We must do as the I would like to read from a letter adopt the amendments that apparently victims, families, and friends of those written by Robert H. Macy, district at- are going to be put forth by the rank- who have asked us to do: enact mean- torney of Oklahoma City, and a Demo- ing minority member on this com- ingful, comprehensive, habeas reform crat. By the way, at this meeting mittee. So, in other words, if we adopt now. today, representatives from the attor- any amendment that changes the ha- Mr. President, the Senate is in ses- ney general for the State of Oklahoma, beas corpus reform bill within this bill sion today debating the specific topic a Democrat, were there, and one came that would provide that it applies only of habeas corpus reform, as well as up to me afterwards—Richard to Federal courts, that will create a other aspects of this antiterrorism bill. Winnery—and said, ‘‘Thank you for schism between State and Federal cap- I have been devoting my time to ha- what you are doing.’’ Drew Edmondson ital law. beas corpus reform because of, and in has been one of our strongest sup- Murderers tried in Federal court will honor of, the witnesses, the victims, porters as a Democrat of habeas corpus face imposition of their final penalty and the families of victims who ap- reform, and there are a number of more swiftly than persons tried for peared here today. other Democrat attorney generals, and capital crimes in State cases. Why I notice the distinguished Senator I might say many prosecutors who are should we adopt such a piecemeal ap- from California is here. Does the Sen- Democrats throughout the country, proach to reform, one that will leave ator desire to take the floor and speak? who agree with what we are doing here. such a gap between State and Federal Mrs. FEINSTEIN. In response to the Robert H. Macy, as district attorney cases? It simply makes no sense to re- Senator, I would like to send an of Oklahoma City and a Democrat, form habeas proceedings for cases tried amendment to the desk. I was going to said: in Federal court but leave the current do it at 11:30.

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7660 CONGRESSIONAL RECORD — SENATE June 5, 1995 Mr. HATCH. That will be fine. I will retary shall, within 18 months after the en- Taggants have been available for use hold off on any further comments on actment of this Act, promulgate regulations in the United States and elsewhere for this until after the distinguished Sen- for the addition of tracer elements to explo- some 20 years but, frankly, special-in- sive materials manufactured in or imported ator has a chance to present her into the United States. Tracer elements to terest groups have prevented their use. amendment, and I yield the floor. be added to explosive materials under provi- The current bill only provides that a The PRESIDING OFFICER. The Sen- sions of this subsection shall be of such char- study be done on the feasibility of ator from California. acter and in such quantity as the Secretary using these taggants. There is no dead- AMENDMENT NO. 1202 TO AMENDMENT NO. 1199 may authorize or require, and such as will line. This means that 16 years of delay not substantially impair the quality of the (Purpose: To amend the bill to authorize re- that has already taken place could be explosive materials for their intended lawful followed by another 16-year period of quirements for tagging of explosive mate- use, safety of these explosives, or have a sub- rials and other purposes) stantially adverse effect on the environ- delay. My amendment includes two Mrs. FEINSTEIN. Mr. President, I ment.’’. real deadlines. First, the report must send an amendment to the desk and (f) The penalties provided herein, shall not be done in 12 months; and, second, after ask for its immediate consideration. take effect until ninety days after the date 18 months, the use of taggants would be The PRESIDING OFFICER. The of promulgation of the regulations provided required. for herein. clerk will report. I think the potential effectiveness of The assistant legislative clerk read Mrs. FEINSTEIN. Mr. President, the taggants was highlighted by a study amendment I am offering today is an as follows: conducted in the late 1970’s when ATF amendment to require the use of The Senator from California [Mrs. FEIN- seeded a very small portion of explo- taggants. Now, what is a taggant? A STEIN], proposes an amendment (No. 1202) to sives, 10,000 pounds, with taggants. De- taggant is a tiny, microscopic, color- amendment No. 1199. spite this relatively small sample, coded plastic or ceramic piece which Mrs. FEINSTEIN. Mr. President, I can be mixed with explosive materials these taggants actually helped solve a ask unanimous consent that reading of to allow law enforcement agencies to bombing in Maryland. In other words, the amendment be dispensed with. trace a batch of explosives like we cur- by seeding just 10,000 pounds of explo- The PRESIDING OFFICER. Without rently do with car serial numbers. In sives with taggants, they actually got objection, it is so ordered. other words, it might be possible, leads to one bombing which led to the The amendment is as follows: therefore, to identify the place of pur- conviction of the individual respon- On page 152, strike line 6 through line 17 on chase of these explosives and therefore sible. page 153, and insert the following: to, quite possibly, trace the purchaser. If we had required taggants years be- SEC. ll. STUDY AND REQUIREMENTS FOR TAG- Why is this important? It is impor- fore, we could have had crucial evi- GING OF EXPLOSIVE MATERIALS, tant because we have seen in this Na- dence in about 17 percent of the bombs AND STUDY AND RECOMMENDA- TIONS FOR RENDERING EXPLOSIVE tion a rising incidence of bombs. In my cases that occurred between the years COMPONENTS INERT AND IMPOSING own State in the last few years, there of 1987 and 1993. People will say CONTROLS ON PRECURSORS OF EX- have been about 500 bomb incidents. taggants do not work or should not PLOSIVES. The Department of Justice tells us work. They will say they should not be (a) the Secretary of the Treasury shall con- that about 80 percent of these result in duct a study and make recommendations included. But I will tell my colleagues concerning— an actual detonation. Consequently, that Switzerland for some time has in- (1) the tagging of explosive materials for there has been major loss of life from corporated taggants into explosives, purposes of detection and identification; bombing incidents. I think this was and it has resulted in the conviction of (2) whether common chemicals used to brought home to every American by many who have perpetrated bombings. manufacture explosive materials can be ren- the incident in Oklahoma City. I should say that, although ammo- dered inert and whether it is feasible to re- It is a complicated amendment be- nium nitrate was used along with die- quire it; and cause it is actually two parts. First, it (3) whether controls can be imposed on cer- sel fuel, the people I have spoken to requires the Secretary of the Treasury also believe there had to have been an- tain precursor chemicals used to manufac- to do a study within 12 months, and ture explosive materials and whether it is other accelerator included in that ex- feasible to require it. then within 18 months to implement plosive batch of materials, and that ac- In conducting the study, the Secretary the results of that study or put into celerator most probably could have shall consult with other Federal, State and place a system by which taggants can been tagged with a taggant. be included in across-the-counter ex- local officials with expertise in this area and I believe the amendment before my such other individuals as shall be deemed plosives. The affected explosives would colleagues is well thought out, Mr. necessary. Such study shall be completed include dynamite, water gels, slurries, President, and I believe it can and within twelve months after the enactment of emulsions, and black powder. this Act and shall be submitted to the Con- Second, it would require a study on should be supported by both sides of gress and made available to the public. Such the use of diffusers in another body of this Chamber. study may include, if appropriate, rec- agents used in explosives, and those are I thank the Chair and yield the floor. ommendations for legislation. Mr. President, I suggest the absence (b) There are authorized to be appropriated common chemicals such as the ammo- for the study and recommendations con- nium nitrate fertilizer that was used in of a quorum. And I also retain the re- tained in paragraph (a) such sums as may be the Oklahoma City bombing—common mainder of my time. necessary. chemicals, these kinds of chemicals, as The PRESIDING OFFICER. The (c) Section 842, of title 18, United States well as pool chemicals that can be uti- clerk will call the roll. Code, is amended by inserting after sub- lized. This part of the amendment The assistant legislative clerk pro- section (k), a new subsection (l) which reads would only require a study, however, as as follows: ceeded to call the roll. to how these chemicals can be made Mrs. FEINSTEIN. Mr. President, I ‘‘(l) It shall be unlawful for any person to inert or diffused or nonexplosive. The manufacture, import, ship, transport, re- ask unanimous consent that the order ceive, possess, transfer, or distribute any ex- amendment also has language so that for the quorum call be rescinded. it will not impair the effectiveness, the plosive material that does not contain a The PRESIDING OFFICER (Mr. tracer element as prescribed by the Sec- safety, nor the environmental impact SMITH). Without objection, it is so or- retary pursuant to regulation, knowing or of the explosive materials which are having reasonable cause to believe that the covered. dered. explosive material does not contain the re- This past Friday in Los Angeles, I Mrs. FEINSTEIN. Mr. President, I quired tracer element.’’. met with members of the Los Angeles would like to add my support of the (d) Section 844, of title 18, United States County bomb squad, the Orange Coun- Comprehensive Terrorism Prevention Code, is amended by inserting after ‘‘(a) ty bomb squad, Bureau of Alcohol, To- Act of 1995, which is the bill before us. through (i)’’ the phrase ‘‘and (l)’’. For many years, it seemed to many (e) Section 846, of title 18, United States bacco and Firearms bombs experts, and Code, is amended by designating the present FBI experts, and virtually everyone in Americans that the United States was section as ‘‘(a)’’ and by adding a new sub- the room supported the use of taggants immune to terrorism, that somehow it section (b) reading as follows: ‘‘(b) to facili- as a possible viable law enforcement could not reach our shores. Perhaps it tate the enforcement of this chapter the Sec- tool. is because we are surrounded by oceans

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7661 on the west and the east, by friendly overdue and well-considered. Oklahoma techniques. In the rare cases where evi- neighbors to the north and to the City taught us what the people of Bei- dence against an alien is highly classi- south. We may have fooled ourselves rut and London, Tel Aviv and Buenos fied, a summary of the evidence will be into a false sense of security, somehow Aires have known for far too long: provided to the alien. In addition, the thinking that we live on an island and Bombs kill. That is their sole purpose— pending legislation would make mem- that no terrorist would reach us. to blow up buildings and kill people. bership in a terrorist organization a We were long ago disabused of any We should be doing everything possible sufficient basis for exclusion from the such notion about our safety abroad. to make it harder for terrorists to get United States. The hijackings and hostage takings of their hands on explosives. The point of this provision, is that the 1970’s and 1980’s taught all Ameri- I have a very personal interest in the when the Government has reliable in- cans that we could be the victims of issue of bombs. You see, Mr. President, formation regarding terrorist activi- foreign terrorists who were prepared to I myself was the target of a terrorist ties of specific aliens, we cannot afford use violence to advance their causes. bombing less than 20 years ago. An ex- to wait until they commit crimes to We have expended much time, effort tremist group, the New World Libera- deport them. The special court will and money to improve the safety of our tion Front, tried to blow up my home, hear evidence, and if it makes a com- airlines and our Embassies and to en- and failed only because the type of ex- pelling case that the alien is a member sure the cooperation of other govern- plosive they used does not detonate of a terrorist organization, the alien ments in combating terrorism. But for when the temperature drops below will be deported. I am confident that many, home seemed a refuge, a haven freezing and San Francisco experienced we can trust a panel of five Federal from the political violence that has a rare frost that night. I was lucky, but judges, appointed by the Chief Justice plagued so many other parts of our so many others have not been. of the United States, to fairly weigh world. But we can no longer comfort The proliferation of bombmaking the evidence disclosed. And impor- ourselves with such illusions—and illu- materials has reached astounding pro- tantly, there is provision to not fully sions they are. What was once unthink- portions. According to the Bureau of disclose sensitive information that could lead to the deaths of Americans able here in America is today a reality. Alcohol, Tobacco and Firearms, from and others. Such disclosures should not Terrorism can strike us here at home. 1983 to 1993 bombings in the United be necessary just to deport someone It can strike with massive deadly force, States more than tripled, from 910 to 2,980. The Department of Justice now dangerous. and it poses a most fundamental threat Mr. President, one of the most seri- puts out an annual Bomb Summary to our freedoms—the right to life, lib- ous problems we face is that inter- each year—who ever thought such a erty, and the pursuit of happiness. So national terrorist groups use the open thing would be necessary?—and in 1993 that is why we must act, and that is environment of the United States to summary, we learn that the 2,980 why we must take action on this bill raise funds for their terrorist activi- bombing incidents, 541 of which were in today. ties. The President has already delin- California, caused 49 deaths and 1,323 In the wake of Oklahoma City, there eated a list of organizations—such as is a new imperative—a bipartisan con- injuries nationwide. Whether or not all Hamas and Hizbullah, and Jewish ex- sensus on the need for tough, com- of these bombing incidents can be clas- tremist groups like Kach and Kahane prehensive antiterrorism legislation sified as terrorist attacks, these appall- Chai—that raise funds in the United that can move through the legislative ing statistics clearly demonstrate the States for terrorist activities that un- process and become law quickly. So I need to restrict access to bombmaking dermine the Middle East peace process. would like to commend the distin- materials. The legislation before us will help put Indeed, Mr. President, the problem is guished majority and minority leaders, an end to that, by making it illegal to not merely with bombmaking mate- as well as the Senator from Utah and raise funds for any activity conducted the Senator from Delaware, who are rials. In my opinion, there is alto- by an organization deemed by the Sec- the distinguished chairman and rank- gether too much information too read- retary of State to be engaged in ter- ing member of the Judiciary Com- ily available on how to conduct ter- rorist activities. mittee, for acting expeditiously to rorist attacks. Books and manuals, Some have raised the objection that bring this bill to the floor. some of them posted on the Internet, certain groups, that may conduct ter- The purposes of the legislation are teach everything one could want to rorist operations, also run humani- clear: To make it more difficult to know about picking locks, stealing tarian or social service operations, like carry out acts of terrorism, to toughen chemicals, building bombs—all the schools and clinics. But I simply do not the penalties for committing or abet- skills you need to be a successful ter- accept that so-called humanitarian ting acts of terrorism, and to strength- rorist. Later, I intend to offer an works by terrorist groups can be kept en the hands of our law enforcement amendment that will strengthen this separate from their other operations. I authorities to prevent and respond to legislation by making it a crime to think the money will ultimately go to acts of terrorism. teach or disseminate bombmaking in- bombs and bullets, rather than babies, Terrorists do not wait to get caught. formation with knowledge that it will or, because money is fungible, it will It is our job to give our law enforce- be used in a crime. free up other funds to be used on ter- ment agencies the authority and abil- Mr. President, another extremely im- rorist activities. ity to seek out terrorists before they portant section of this bill deals with Mr. President, we have all witnessed act. We must find them before they the problem of aliens who are members over the years the harm done to U.S. find us. It is that simple and that im- of terrorist organizations. It should be citizens and U.S. interests by inter- portant. clear, that the risks of allowing alien national terrorism. The bombings of I believe that terrorism, the ultimate terrorists to work their way through United States Embassies, the slaughter act of cowardice, actually threatens ordinary deportation hearings, which of 241 U.S. marines in Beirut, the hi- our life, our way of life, and jeopardizes are often lengthy and slow-moving, are jacking of American airliners, the our most fundamental liberties. With unacceptable. Yet this is the case bombing of Pan Am flight 103 over all that at stake, it is important that under current law. In terrorist cases, Lockerbie, Scotland, the holding of we act today. our law enforcement authorities must American hostages. All of these images One of the most important sections be granted expedited procedures for de- are deeply imprinted on our national of this bill, in my view, is a section portation. psyche. that toughens restrictions on access to I am pleased that the pending legisla- These incidents, and the hundreds of explosives, and increases the penalties tion provides for a special ‘‘terrorism others like them, aimed at Americans for possessing stolen explosives, for court,’’ composed of U.S. district court and non-Americans alike, pose one of transferring explosives with knowledge judges appointed by the Chief Justice the greatest threats today to inter- that they will be used to commit a of the Supreme Court, that would be national stability and security. Ter- crime, for conspiracies involving explo- able to deport expeditiously alien ter- rorism, as we have seen in Tel Aviv, Je- sives, and for using explosives to com- rorists without risking the disclosure rusalem, and Hebron, can wreak havoc mit a crime. These provisions are long of national security information and on

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7662 CONGRESSIONAL RECORD — SENATE June 5, 1995 the Middle East peace process. It un- forcement agencies enhanced access to not be imposed swiftly after a verdict dermines moderate regimes, such as credit, telephone, financial, and cer- has been reached in a fair trial. As the Egypt, and exacerbates social tensions. tain commercial records in Senate Judiciary Committee heard at It disrupts the lives of ordinary people, counterterrorism cases. It will no its hearing on habeas reform last the flow of commerce, and the policies longer be required to have evidence of March, the extraordinary delay in car- of affected governments. criminal activity, but it will allow offi- rying out capital sentences is in effect The State Department’s Patterns of cers to investigate groups whom they a form of terrorism against the sur- Global Terrorism report tells us that in suspect may be engaging in criminal vivors of murder victims, traumatizing 1994, there were 321 international ter- activity. them year after year by preventing jus- rorist attacks, over one-fifth of which The effect of these changes in law tice from being carried out. were anti-U.S. attacks. And although will effectively be to untie the hands of Let no one doubt, Mr. President, that this figure represents a 23-year low, it our law enforcement officials. Cur- habeas reform should and must be an still means that there was an average rently our agents are unable to be integral part of this legislation. of nearly one terrorist attack per day proactive—they are only able to react Indeed, I spoke a few days ago with in 1994. All told, these attacks killed to criminal activity, and launch an in- Oklahoma Attorney General Drew 314 people and left another 663 wound- vestigation of suspect individuals or Edmondson, and a number of surviving ed. groups after there is credible evidence family members of the men and women In the face of this problem, the of wrongdoing. These changes will who lost their lives in Oklahoma City United States should demand, and has allow our law enforcement officials to in that blast. It was a moving con- every right to expect, full cooperation take steps to stop terrorist attacks be- versation and one that I will not for- from all friendly governments in the fore they happen. By investigating, get. In sum, each of the survivors with battle to combat international ter- monitoring, and infiltrating groups whom I spoke, as well as the attorney rorism. Cooperation today is by and that may be involved in terrorism be- general, urged the swift adoption of the large quite good, although some na- fore a crime is committed, our agents habeas proposals in this legislation. tions are not as cooperative as we can actually help prevent terrorist Each conveyed to me that justice will would like. The pending legislation acts, and perhaps prevent the kind of not fully have been done until those re- would increase the incentive for other horror we all witnessed last month. sponsible for the bombing have been governments to cooperate in our Passive investigation by the FBI of tried, convicted, and the death penalty antiterrorist efforts by prohibiting any group with terrorist potential is imposed and swiftly carried out. U.S. assistance to countries that pro- absolutely necessary in this day and As Alice Maroney Dennison, the vide aid or military equipment to ter- age. As FBI Director Louis Freeh testi- daughter of Mickey B. Maroney, a spe- rorist states. The seven state sponsors fied before the Judiciary Committee cial agent with the Secret Service, said of terrorism—Cuba, Iran, Iraq, Libya, earlier this month, we ‘‘can’t afford’’ to me: ‘‘I’m 27 years old and they took North Korea, Sudan, and Syria—do not even one terrorist nuclear incident. In- my father. I cannot be 47 when this deserve such assistance until they can filtration and court-ordered surveil- man goes to death. That’s not fair.’’ justifiably be removed from the list of lance are critical to preventing that Mr. President, Alice Maroney state-sponsors. doomsday scenario from becoming a re- Dennison’s plea, and indeed the voices The bill would also expand the type ality at some point in time. As long as of all of the family members of Okla- of assistance that we can provide our the FBI and police do not encourage il- homa City’s victims, a number of allies under the Anti-Terrorism Assist- legal conduct or otherwise entrap whom just about a half-hour ago held a ance Program. With the expansion of group members, we simply have to press conference in front of this Cap- such programs, and the increased in- have the information that good surveil- itol, must be heard, and their loved centive for other countries to cooper- lance—and only good surveillance—can ones must not have died in vain. ate with us, the United States can help provide. forge even greater international con- I want very much to make a few com- Mr. President, it is time for meaning- sensus on combating terrorism. ments on the habeas corpus provisions. ful habeas corpus reform. This bill con- But again, Mr. President, the pri- I suspect that these provisions are tains it. Let no one doubt that com- mary lesson of the World Trade Center often complicated, that they are not prehensive reform is critical, and par- and Oklahoma City bombings is that always well known. But I believe very ticularly in capital cases. from now on we face the possibility of strongly in the provisions of this bill. Much has been said about the case of a serious terrorist problem here at As President Clinton recently said— Robert Alton Harris in California, a vi- home. In addition to international ter- and I could not agree more—‘‘swift cious murderer, and what he did when rorist groups that may set up cells in punishment, including the death pen- he was out of prison in San Diego. He the United States, there is a growing alty, where appropriate, is critical in went to a drive-in. He wanted to take a danger of armed extremist groups of efforts to combat terrorism.’’ I strong- car. There were two 16-year-old boys in Americans, who hold antigovernment ly believe that the death penalty can the car eating hamburgers. He took the views, using violence to pursue their act as a deterrent to the most violent car with the boys in it. He took the agenda. We have all heard the inflam- of crimes and is an appropriate punish- youngsters to a remote location. He matory statements of some members of ment for those who knowingly take an- killed one. The other dropped to his militia and other right-wing extremist other life. knees crying and begging for help, and groups attacking religious or ethnic There has been a lot of discussion as he killed the second. Then he ate their groups, predicting violent revolution to whether the death penalty is or is hamburgers and went on to commit against the Government, or slandering not a deterrent. But I remember well in other robberies. Federal law enforcement officers, who the 1960’s when I was sentencing a This man actually filed no fewer than risk their lives to protect the very free- woman convicted of robbery in the first 6 Federal habeas petitions and another doms that allow the extremists to degree and I remember looking at her 10 such petitions in State court before make their outrageous statements. But commitment sheet and I saw that she he was ultimately executed 14 years we have been warned. When heavily carried a weapon that was unloaded later for his crime. In all, Harris and armed people with the ability to make into a grocery store robbery. I asked his attorneys were able to engineer 14 bombs make threats, we ignore them her the question: ‘‘Why was your gun years’ delay of his capital sentence. It at our peril. unloaded?’’ She said to me: ‘‘So I would was 14 years of unresolved grief for the For that reason, Mr. President, per- not panic, kill somebody, and get the survivors of his victims. haps the most important provisions of death penalty.’’ That was firsthand tes- In California today there are cur- this legislation are those that timony directly to me that the death rently 410 convicted criminals on death strengthen the ability of Federal law penalty in place in California in the row. On June 7, the longest serving enforcement officers to monitor ex- sixties was in fact a deterrent. member of California’s death row popu- tremist and potential terrorist groups. But the deterrent impact of the lation, Andrew E. Robertson, will mark These provisions grant Federal law en- death penalty is weakened when it can- the 17th year of his incarceration. He

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7663 has managed to delay his capital sen- I am very pleased to say that the ha- vent future sorrows and to help the tence by filing habeas petitions for 17 beas provisions included in the bill cur- American people be reassured that years. rently under consideration by the Sen- their rights to life, liberty, and the In California, since 1978, when the ate are identical to those included in pursuit of happiness will not be threat- people of the State voted to put back the Habeas Corpus Reform Act, Senate ened by the menace of terrorism, into place the death penalty, 18 pris- bill 623, legislation strongly supported whether from foreign shores or our oners on death row have died of natural by the attorneys general of California own. causes or committed suicide. Only 2 and Oklahoma and which, I believe, I yield the floor. have been executed. Only 2 have had strikes an appropriate balance between Mr. HATCH. Mr. President, I thank their sentence carried out, while 18 the need to assure due process of those the distinguished Senator from Cali- have either committed suicide or died both convicted in capital and noncap- fornia for her cogent remarks on ha- of natural causes, all of them delaying ital crimes and the need of any ration- beas corpus reform. She is one of the their sentence. al judicial system to bring cases to clo- leaders in this body in trying to reform Another case deserves attention as sure. these laws, and I want to personally well. Clarence Ray Allen committed Most importantly, Mr. President, compliment her for them. I appreciate the support that she is murder in 1974. He was convicted and this bill provides habeas petitioners bringing to this debate. It means a lot sentenced to life in prison in 1977. with one bite of the apple. It assures to me personally, as one who has From within prison he ordered the that no one convicted of a capital fought for years to try to get the ha- murder of the witnesses to the first crime will be barred from seeking ha- beas corpus bill through. This is the murder. In September 1980, his assassin beas relief in Federal court. In my time when I think we have to stand up shotgunned to death three people and view, it appropriately limits second and do it. I thank her and I appreciate gravely wounded a fourth. and subsequent habeas appeals to nar- the leadership she has provided. Six years later, the California Su- row and appropriate circumstances. Presently, there are 100 amendments, preme Court affirmed his conviction Furthermore, the bill requires States under our unanimous consent agree- and death penalty. During the next 2 which provide for counsel that habeas ment, to this bill. Mr. President, 68 of years, it considered and denied a State appeals must be filed within 6 months these amendments are Democrat habeas corpus petition in which a pris- of when a State prisoner’s conviction amendments and 32 amendments are on inmate is permitted to attack his becomes final, or in States where Republican. Most of the Republican sentence on factors outside the appel- standard for the adequacy of counsel amendments, I believe, will not be of- late record. are not adopted, such appeals must be fered. So it is really coming down to The U.S. Supreme Court declined re- filed within 1 year. So there is an in- the 68 amendments that our friends on view. On September 2, 1988, a Federal centive that if there is an adequacy of the other side have. district judge issued a stay of execu- counsel standard in your State, there We have the Feinstein taggant tion. Over 6 years later that stay re- is 1 year from which the habeas peti- amendment pending, but I want to urge mains in effect, and the case is still tion must be filed. my Democrat colleagues to come to mired in the district court. Unfortu- Time limits are also imposed upon the floor and offer their amendments. nately, this is a typical case. This courts. The bill requires that Federal We will stack them for votes beginning points out a need for the habeas corpus courts must act promptly on habeas at 6 o’clock tonight. I believe we also reform in the bill before the Senate appeals and establishes a mechanism can dispense with several GOP amend- today. by which courts of appeals will screen ments, including the two Pressler In fact, according to Attorney Gen- habeas petitions before they are per- amendments, the Smith amendment, a eral Dan Lungren’s testimony before mitted to go to a Federal district court Brown amendment, and perhaps an the Senate Judiciary Committee in for resolution. Abraham amendment today, if we can. March of this year, there are ‘‘cur- Finally, unlike the crime bill pro- I would like to do that. rently 410 inmates on death row in posals that I and the Nation’s law en- Having said that, I would like to California. We have had 2 executions forcement officials opposed 2 years ago, spend a few minutes chatting about the occur since 1992, the only 2 in the last the bill does not dictate to the States amendment of the distinguished Sen- 27 years. The number of capital cases precisely what counsel competency ator from California which is currently pending on Federal habeas corpus has standards are adopted, but rather it pending. more than doubled since 1991,’’ when he properly provides States with an incen- I have to rise in opposition to that first testified here on this issue. tive to formulate their own plans by amendment, but I first want to empha- In 4 years, the number of Federal ha- making expedited timetables I have size that the bill under consideration, beas corpus cases on death row in Cali- just described available for States to S. 735, already contains a requirement fornia has doubled. Mr. President, since do so. for a study of the feasibility of ‘‘tag- the death penalty was reinstated in I believe there are two things that ging’’ all explosives for tracing pur- California, as I said, many more pris- are an effective deterrent to crime. One poses. Trace tagging, unlike ‘‘identifica- oners on death row have died of natural of them is the speed of the trial. The tion’’ taggants, are actual chips mixed causes and suicide than of a carrying other is the certainty of punishment. in with the explosive. This is certainly out of their sentence. The habeas corpus reforms in this bill an area that merits further serious This problem is not unique to Cali- will make much more certain the cer- study. We have authorized, in the bill, fornia. According to the Administra- tainty of punishment. I am very the Departments of Treasury and Jus- tive Office of the U.S. Courts, during pleased to support them. I am very tice to undertake exactly such a study. the year ending September 30, 1994, pleased to give my commendation to Our bill also includes a provision there were 11,918 prisoner petitions for the committee chairman, the Senator which requires plastic explosives to be habeas corpus review in the U.S. dis- from Utah, and to support this bill. tagged with a detectable agent, thus trict courts alone. That is the reason I think this is an important moment helping to ensure that these devises habeas corpus reform has been a high for our country and for this Congress. can be detected before they are used in priority of the Judiciary Committee. We have an opportunity to take bold sabotage. We should do it right and not merely action which will go a long way toward A detection taggant is a chemical pass a bill labeled with the term ‘‘ha- increasing the security of our citizens. odorant added to the explosive which beas reform’’ for the sake of passing This comprehensive package of enables security devises to detect the legislation. antiterrorist legislation is an impor- explosive. This particular provision That is why all 58 California district tant step also in the recovery for the fulfills our obligations under an inter- attorneys opposed the habeas provi- people of Oklahoma City, the people of national convention requiring such leg- sions included in Senate bill 1607, the the State of Oklahoma, and the people islation. crime bill as originally introduced in of the United States. For while the The amendment under consideration, 1993, and legislation introduced that wounds of that day will never fully however, goes much further. In addi- year, Senate bill 1657. heal, today we begin to act to help pre- tion to providing a study of tracing

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7664 CONGRESSIONAL RECORD — SENATE June 5, 1995 taggants, it also gives regulatory au- I understand the distinguished Sen- be able to trace back where an explo- thority to the Bureau of Alcohol, To- ator is very sincere in her amendment sive might be used in a bomb that can bacco and Firearms to implement the and is trying to do what is right here. blow up as many as 168 people at one results of the study without congres- But I hope the points I have raised will time. sional review. The amendment thus persuade colleagues on both sides of The National Rifle Association has presupposes that the study will con- the aisle that we ought to approach once again opposed the use of taggants. clude that the use of tracing taggants this with a study first and then see I cannot figure out the reason for the is feasible, and the amendment crim- where we go from there and have con- life of me, but I suppose it is because inalizes the failure to include these gressional action with regard to we surround this area with a certain agents in the manufacturer of explo- taggants after we have a thorough- kind of anonymity. I think if ever we sives. going study because of the safety and have seen the need to increase trans- Thus, the Feinstein amendment other concerns involved in tagging var- parency in sales of explosives we saw it would require the placement of so- ious explosives. at the World Trade Center and we saw called traceable taggants—that is, mi- It is not just safety; it is effective- it once again in Oklahoma City. croscopic bits of plastic coded to link ness of the explosives as well. But safe- My amendment would also permit explosives to a particular manufac- ty is something that is more important the study, and a study only, of chem- turer—in all explosives before the to me. I really believe we ought to do ical fertilizers that are used, like am- study of whether this is feasible or safe this the right way. Of course, hope- monium nitrate, to see if these fer- is concluded, or even conducted for fully, do it in a way that ultimately tilizers can be made inert. There are that matter. This is hardly the type of will be pleasing to our friend from Cali- countries, for example, that add lime impartiality and objectiveness the fornia, who is very sincere about her to ammonium sulfate and prevent it American people would want in a study amendment and has the highest of mo- from exploding. Should we do that? I of this sort. tivations in bringing it here. But I think we ought to study it. The amend- Indeed, even if the study reasonably hope I have made the case we really ment in the bill, the original, includes concluded that use of such agents was should not accept this amendment at no study in the area of chemical fer- practical, cost effective, and would aid this time. tilizers and chemical components law enforcement, opponents of the in- I am prepared to move to table the which are increasingly used as bomb clusion of such agents would have the amendment with the understanding the materials in this country. perfect argument that the results of vote will occur after 6 p.m. today. In response to my distinguished the study were preordained and thus Mrs. FEINSTEIN. I wonder if the chairman, I would only say there is a unreliable. Senator would permit me to respond to time to study and there is a time to Even the Bureau of Alcohol, Tobacco his statement prior to tabling? stop studying and take action. This and Firearms, the agency which would Mr. HATCH. Sure. issue has been studied in 1980. In my have regulatory authority, has con- Mrs. FEINSTEIN. I appreciate that amendment it will be studied for an- ceded that more study is needed before very much. other year. But then we will move implementing procedures and regula- Mr. President, if I might just very ahead in the areas I have just men- tions. The BATF’s division chief for briefly respond? Taggants have been tioned: dynamite, water gels, slurries, arson and explosives recently stated: studied. I am holding up one of these emulsions, and black powder. All of It would be important for us to at least as- studies entitled ‘‘Taggants In Explo- these areas can be successfully tagged. sess the state of the technology and the re- sives.’’ The date is April 1980. The The state of the art is there to do it. search and the development that has been studying office is the Office of Tech- Switzerland has done it for a number of done in the last 15 years. We need to get our- nology Assessment. You can see the years. Other countries are doing it and selves up to speed. thickness of the study. there is no reason why we should not as Moreover, this amendment would im- On the issue of safety, what the Of- well. pose a requirement for regulation with- fice found: I yield the floor. out regard to the need for unbiased In no case did the addition of encapsulated The PRESIDING OFFICER. The Sen- study of this issue, or for the legiti- taggants significantly increase the sensi- ator from Utah. mate safety concerns raised by the use tivity of the explosive materials to the test Mr. HATCH. Mr. President, there are of these taggants. conditions. No evidence of any decreased sta- a couple of letters I have received, A 1980 report by the Office of Tech- bility or other significant changes was found mailed to the Honorable CHRISTOPHER nology Assessment found substantial in any of the tests with dynamite, gels, J. DODD and the Honorable JOE slurries or black powder. evidence that placing these ‘‘tracing’’ LIEBERMAN. This is from Unimin Corp. taggants in explosives seriously affects That is essentially the world that in New Canaan, CT, a corporation or the stability of the explosive mate- would be affected by taggants. The business right in the middle of their rials. Thus, these taggants could in- taggants would affect, really, these State. I will just read the letter to Sen- crease the risk of injury or death. Tag- areas. In my amendment we do provide ator DODD. I ask unanimous consent ging explosives may raise other very for a study, but what we say is at some both letters be printed in the RECORD important issues, such as contamina- point you have to say enough of study- at this point. tion of evidence, saturation of tagging ing and make a decision and go ahead. There being no objection, the letters agents in places where explosives are Twelve more months of study and then were ordered to be printed in the used for legitimate uses, and negative it is implementation, where taggants RECORD, as follows: effects on small business. can be used with safety, with no in- UNIMIN CORP., Given these very important and wide- crease in the volatility of the explosive New Canaan, CT, May 24, 1995. ranging concerns, it is imperative that matter, and where they could lead to Hon. CHRISTOPHER J. DODD, the Congress, not the BATF, have the being able to trace suspects in bomb- U.S. Senate, Washington, DC. ability to make these important deci- ings. DEAR SENATOR DODD: I am writing on be- half of Unimin Corporation to express sions regarding tracing taggants once a There have been two constituencies Unimin’s opposition to S. 761 (proposed by study is completed. Requiring the use opposed to taggants. Let us be brutally the Clinton Administration and introduced of taggants before a thorough study of frank. One of them is, once again, our by Senators Daschle and Biden) which au- the effectiveness and safety implica- friends in the National Rifle Associa- thorizes the Treasury Department (BATF) to tions of their use is conducted places tion. And the second is the explosives promulgate regulations requiring the use of the cart before the horse. industry. The explosives industry says identification ‘‘taggants’’ in explosives man- The bill now before the Senate pro- taggants would add cost to us. ufactured in or imported into the United vides for a comprehensive study of this In fact, the cost of using taggants in States. This legislation could devastate our business. issue. Congress should commission and dynamite, water gels, slurries, emul- Unimin is the world leader in the mining, review the study before enacting crimi- sions, and cast boosters, as quoted are, production and sale of high purity silica nal penalties based on the assumed per pound, $1.42; $1.47; $1.45, and $7.41 powders used both domestically and abroad outcome. respectively. That is a minimal cost to in the production of semi-conductors. In the

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7665 initial stage of Unimin’s silica purification ly losses to our customers because they re- (who will not have their products contami- process, explosives are used to extract the sult in defective silicon chips. High purity nated by taggants from explosives used in silica-containing ore from the earth. silica is the hallmark of our international silica mines abroad) an enormous oppor- In order to meet the stringent purity re- business success and leadership. We produce tunity to get our customers in the U.S. and quirements of our semi-conductor industry the world’s purest natural silica powder. As overseas to drop their U.S. supplier, Unimin. customers, Unimin has gone to great expense a result we are the leading supplier of this Unimin Corporation urges that you oppose using the most advanced technology in the essential semi-conductor product to pro- this legislation. While everyone seeks to industry to remove nearly all forms of con- ducers in each of the U.S., Europe and Japan. deter terrorism, further study and thorough taminants from our silica products. Unimin This proposed legislation would force consideration should be given to this impor- has reduced the metal contaminants to lev- Unimin to introduce contaminants (the tant issue before any action is taken which els below 1 part per million. The slightest taggants to be included in the explosives we will have unintended, far-reaching and com- impurity in our materials can result in cost- use) into our product, and could make our mercially injurious consequences to ly losses to our customers because they re- product unsuitable for their intended use— Unimin’s world leadership in the high purity sult in defective silicon chips. High purity the production of semi-conductors. This leg- silica market. There must be some way to silica is the hallmark of our international islation would give our foreign competitors meet the objectives of this legislation with- business success and leadership. We produce (who will not have their products contami- out requiring a company which depends en- the world’s purest natural silica powder. As nated by taggants from explosives used in tirely on the purity of its product to intro- a result we are the leading supplier of this silica mines abroad) an enormous oppor- duce contaminant taggants into our produc- essential semi-conductor product to pro- tunity to get our customers in the U.S. and tion stream. ducers in each of the U.S., Europe and Japan. overseas to drop their U.S. supplier, Unimin. Unimin urges you to support S. 735, spon- This proposed legislation would force Unimin Corporation urges that you oppose sored by Senators Dole and Hatch, which Unimin to introduce contaminants (the this legislation. While everyone seeks to proposes a study of detection and identifica- taggants to be included in the explosives we deter terrorism, further study and thorough tion taggants for non-plastic explosives. use) into our product, and could make our consideration should be given to this impor- Unimin looks forward to your support in product unsuitable for their intended use— tant issue before any action is taken which this issue. the production of semi-conductors. This leg- will have unintended, far-reaching and com- Very truly yours, islation would give our foreign competitors mercially injurious consequences to UNIMIN CORPORATION. (who will not have their products contami- Unimin’s world leadership in the high purity JOSEPH C. SHAPIRO, nated by taggants from explosives used in silica market. There must be some way to Senior Vice President/Legal silica mines abroad) an enormous oppor- meet the objectives of this legislation with- and Regulatory Affairs. tunity to get our customers in the U.S. and out requiring a company which depends en- That is just one illustration of per- overseas to drop their U.S. supplier, Unimin. tirely on the purity of its product to intro- haps many illustrations that indicates Unimin Corporation urges that you oppose duce contaminant taggants into our produc- this legislation. While everyone seeks to tion stream. we are not as sure of what we are doing deter terrorism, further study and thorough Unimin urges you to support S. 735, spon- in this area as we should be. consideration should be given to this impor- sored by Senators Dole and Hatch, which I am concerned about the effective- tant issue before any action is taken which proposes a study of detection and identifica- ness of explosives. More importantly, I will have unintended, far-reaching and com- tion taggants for non-plastic explosives. am concerned about the safety of ex- mercially injurious consequences to Unimin looks forward to your support in plosives. But this raises another issue, Unimin’s world leadership in the high purity this issue. and that is whether putting taggants silica market. There must be some way to Very truly yours, into explosives that are utilized in meet the objectives of this legislation with- JOSEPH C. SHAPIRO, out requiring a company which depends en- Senior Vice President/Legal some of our industries might destroy tirely on the purity of its product to intro- and Regulatory Affairs. those industries in this country at a duce contaminant taggants into our produc- Mr. HATCH (reading the letter): high cost to our society. And I would tion stream. say the silica chip industry is a very DEAR SENATOR DODD: I am writing on be- Unimin urges you to support S. 735, spon- important industry in this country. sored by Senators Dole and Hatch, which half of Unimin Corporation to express Senator FEINSTEIN’s amendment re- proposes a study of detection and identifica- Unimin’s opposition to S. 761 (proposed by tion taggants for non-plastic explosives. the Clinton Administration and introduced quires the Secretary of Treasury to Unimin looks forward to your support in by Senators Daschle and Biden) which au- promulgate regulations requiring the this issue. thorizes the Treasury Department (BATF) to placement of trace elements which Very truly yours, promulgate regulations requiring the use of ‘‘will not substantially impair the safe- JOSEPH C. SHAPIRO, identification ‘‘taggants’’ in explosives man- ty of the explosive.’’ Senior Vice President/Legal ufactured in or imported into the United I would like to ask my colleague one and Regulatory Affairs. States. This legislation could devastate our question. Where do we draw the line, business. UNIMIN CORP., and what is a substantial or unsubstan- New Canaan, CT, May 24, 1995. Unimin is the world leader in the mining, Hon. JOE LIEBERMAN, production and sale of high purity silica tial impairment of safety? U.S. Senate, powders used both domestically and abroad Does not the Feinstein amendment Washington, DC. in the production of semi-conductors. In the require the placement of taggants DEAR SENATOR LIEBERMAN: I am writing on initial stage of Unimin’s silica purification where doing so may very well impair behalf of Unimin Corporation to express process, explosives are used to extract the safety? At least, that is what I have Unimin’s opposition to S. 761 (proposed by silica-containing ore from the earth. been led to believe. the Clinton Administration and introduced In order to meet the stringent purity re- I would be happy to yield for a re- quirements of our semi-conductor industry by Senators Daschle and Biden) which au- sponse. thorizes the Treasury Department (BATF) to customers, Unimin has gone to great expense promulgate regulations requiring the use of using the most advanced technology in the Mrs. FEINSTEIN. Mr. President, if identification ‘‘taggants’’ in explosives man- industry to remove nearly all forms of con- the Senator will yield for a moment, ufactured in or imported into the United taminants from our silica products. Unimin the amendment very specifically says States. This legislation could devastate our has reduced the metal contaminants to lev- so that safety would not be impaired; business. els below 1 part per million. The slightest in other words, in the study that would Unimin is the world leader in the mining, impurity in our materials can result in cost- be done in the ensuing 12 months that production and sale of high purity silica ly losses to our customers because they re- there not be an adverse environmental powders used both domestically and abroad sult in defective silicon chips. High purity in the production of semi-conductors. In the silica is the hallmark of our international impact, not impair the stability of the initial stage of Unimin’s silica purification business success and leadership. We produce explosive materials, and that safety process, explosives are used to extract the the world’s purest natural silica powder. As not be impaired. silica-containing ore from the earth. a result we are the leading supplier of this Those are the three criteria in the In order to meet the stringent purity re- essential semi-conductor product to pro- amendment. quirements of our semi-conductor industry ducers in each of the U.S., Europe and Japan. Mr. HATCH. The study that the dis- customers, Unimin has gone to great expense This proposed legislation would force tinguished Senator from California has using the most advanced technology in the Unimin to introduce contaminants (the cited was conducted, I believe, back in industry to remove nearly all forms of con- taggants to be included in the explosives we taminants from our silica products. Unimin use) into our product, and could make our 1980. I am a member of the Technology has reduced the metal contaminants to lev- product unsuitable for their intended use— Assessment Board. That study itself els below 1 part per million. The slightest the production of semi-conductors. This leg- found substantial evidence that placing impurity in our materials can result in cost- islation would give our foreign competitors taggants in explosives seriously affects

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7666 CONGRESSIONAL RECORD — SENATE June 5, 1995 the stability of the explosive material. The PRESIDING OFFICER. Is there cultures, and others, people who are I am reading what it says here on page objection to the unanimous-consent re- trained terrorists—most of them—do 29, in their detailed findings. quest? not think they are going to be around The tests so far conducted are only a small Without objection, it is so ordered. for 10 years, anyway. Here in America, fraction of the total number of tests that Is there a sufficient second? it takes an average of 91⁄2 years be- must be performed before it can conclusively There is a sufficient second. tween conviction and execution. I sug- be determined whether taggants are compat- The yeas and nays were ordered. gest that takes away all of the deter- ible with commercial explosives and gun Mr. HATCH. Mr. President, I ask powders. Even if the current question of the rent value. stability of smokeless powder in boosters is unanimous consent that the Feinstein amendment No. 1202 be laid aside, and This happens because we have things resolved, it is not possible to generalize from built into our system. I am sure that the results of the limited tests . . . so far at 6 p.m., we have a vote on my motion completed. to table. they were put in there in the sense of And they conclude that the testing The PRESIDING OFFICER. Without trying to be fair to everyone, and to has not demonstrated that taggants objection, it is so ordered. make sure no chances are taken that can be safely added to explosives. Mr. HATCH. Mr. President, I yield someone might be executed who was Thousands of people come into con- the floor. not actually the one who committed tact with explosives every day during Mr. INHOFE addressed the Chair. the crime. But they sit in there the manufacture, storage, transpor- The PRESIDING OFFICER. The Sen- through appeal after appeal after ap- tation, and use of explosives. Accidents ator from Oklahoma. peal. involving explosives can have ex- Mr. INHOFE. Mr. President, this is a Roger Dale Stafford, in the spring of tremely severe consequences to these very special day to Oklahoma. We have 1978, murdered a Sergeant Lorenz, then thousands of people. Therefore, safety a very distinguished group of people he murdered his wife, then he murdered must be demonstrated, and a carefully from Oklahoma who are at this very Sergeant Lorenz’ small son. Then he administered qualification program for moment visiting with various Senators turned around and drove 60 miles to analysis, safety, testing, and manufac- who oppose the idea of habeas reform. Oklahoma City, where he went into the turing procedures, control, and experi- I cannot think of any stronger message Sirloin Stockade Restaurant. He ence is necessary before a new explo- that we can take to these people than rounded up six employees at gunpoint, sive or an explosive with a significant from those who are the survivors and bound them, took them into a refrig- exchange in composition can be consid- those who have families lost in the erator, and murdered them execution ered safe. tragic explosion in Oklahoma. style. In addition, each type of explosive I just came back from my 76th town product requires individual evaluation hall meeting out in Oklahoma. I think That was in 1978. Roger Dale Stafford and testing, the type of qualification I probably have more of those than any is now still in McAlester in our State program considered necessary before other Member of this body. A question prison in Oklahoma. By the way, he is safety can be demonstrated as shown in always comes up when I have these now over 100 pounds more than he was table 12 and discussed in detail in chap- meetings. They say something to the when he went in, so you know they are ter 4. A particularly important aspect effect, ‘‘Why is it that people in Wash- feeding him pretty well. He has been of that qualification testing is the ef- ington are more concerned about the sitting in his cell for 17 years and prob- fect of long-term storage. criminals than they are the victims?’’ I ably living better than he lived before It goes on. The point is that recently, try to explain to them—and I know anyway. And I suggest to you that is the ATF itself asked for further studies that this is rather controversial to say, not just an inhumane thing to do to recognizing that technologies had but I really believe it in my own heart, the families of those victims of his changed substantially since the origi- Mr. President—that at least prior to murders, but it is no deterrent for nal study was conducted. It is pretty this new Congress coming in, the ma- other people who may be tempted to do apparent that I and those on my side of jority of people in both of these bodies the same thing. this issue do not oppose taggants per did not honestly in their own hearts se. Rather, we oppose granting regu- What is interesting about this is that believe that punishment is a deterrent latory authority to an agency before the attorney who is so successful in to crime. an updated study can be done which getting all of these appeals and all It is one that I look at, and it seems may solve some of these very impor- these delays in the ultimate execution very logical that when you take a trag- tant issues. which still has not taken place of the Even though the distinguished Sen- edy such as we experienced in Okla- guy who did kill those nine people back ator requires a study, as do we, she re- homa, when the perpetrators of that in Oklahoma in 1978, that attorney is a quires without further congressional crime were preparing this explosion very competent and capable attorney approval that taggants be placed auto- and what they were going to do, the named Steven Jones from Enid, OK. I matically at a certain time. It makes bombing and the attack on the Federal happen to know him personally. I sug- no sense to grant regulatory authority building in Oklahoma City, this is not gest to you that Steven Jones is also before an updated study is conducted. something that they did just over- the attorney for Timothy McVeigh, one Indeed, I think that this legislation night. This is something they who is held right now as possibly one proposed by Senator FEINSTEIN would planned—not for days, not for weeks, who is responsible for the tragedy in seriously undermine our confidence in but maybe even, we feel, for several Oklahoma City. the studies that have occurred thus far months. So today we have a number of people and our confidence in explosives in During the time that something like who are here from Oklahoma. We have general. this is happening, those individuals So there is a lot of use of explosives who are making the plans to detonate Diane Leonard, whose husband Don, a in our society—legitimate, honest, de- a bomb that will murder many, many Secret Service agent, was killed in the cent use. The Unimin letter is a perfect people have to be thinking what is the bombing in Oklahoma City. We have illustration of perhaps thousands of worst thing, what is the downside of Glenn Seidl, who lost his wife, Kathy, businesses or companies or people who this, what is the worst thing that can in the bombing. I talked to Kay Ice might be affected by this. We should happen to me if I get caught? The just a few minutes ago, who lost her not compromise the integrity or the worst thing that can happen, as they brother, Paul. He was a customs agent; objectivity of the study conducted by look at it, might be to sit around in Mike Reyes, who lost his father and OTA. some air-conditioned prison cell watch- was injured himself in the explosion. I So I, therefore, oppose this amend- ing color TV, eating three good meals a believe he is the one who actually fell ment, and with the Senator’s permis- day for 10 years, 15 years, 20 years. And four stories and was able to survive. sion, I move to table the amendment I suggest to you, Mr. President, that is But he lost his father; Jason Smith, and ask for the yeas and nays, with the not much of a deterrent. who lost his mother, Linda; Dan understanding that it will not be voted I think particularly some of the peo- McKinney. That is Linda’s husband. He upon until after 6 o’clock tonight. ple from maybe the Middle Eastern was here today; Gary Bland, who lost

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7667 his wife, Sally; Suzanne Britten, who The PRESIDING OFFICER. Without SEC. —. DESIGNATION OF CARTNEY KOCH lost her fiance. objection, it is so ordered. MCRAVEN CHILD DEVELOPMENT CENTER. It is very significant that we under- The amendment is as follows: stand what these people are doing On page 12, line 6, strike ‘‘25 years.’’ and (a) DESIGNATION.— today. We had a news conference at insert the following: (1) IN GENERAL.—The Federal building at 10:30, and we stood down there in front ‘‘25 years; Provided, however, That the dam- 1314 LeMay Boulevard, Ellsworth Air Force of the Senate and they described the ages to property that were caused, or would Base, South Dakota, shall be known and des- types of deaths that their loved ones have been caused if any object of the con- ignated as the ‘‘Cartney Koch McRaven had been subjected to, how there was spiracy had been accomplished, must exceed, Child Development Center’’. or must be reasonably estimated to exceed, no longer any facial characteristics (2) REPLACEMENT BUILDING.—If, after the $25,000. date of enactment of this Act, a new Federal left; they could not really identify On page 7, at the end of line 17, add the fol- building is built at the location described in them as they normally would; and lowing: paragraph (1) to replace the building de- being exposed to this, they are going ‘‘Provided, however, That the damages to scribed in the paragraph, the new Federal property must exceed $25,000;’’ through all this for one reason. That is, building shall be known and designated as they know the way to deter this type of Mr. HATCH. Mr. President, I suggest the ‘‘Cartney Koch McRaven Child Develop- thing from happening again is to have the absence of a quorum. ment Center’’. swift justice. The PRESIDING OFFICER. The We had a President who came out (b) REFERENCES.—Any reference in a law, clerk will call the roll. map, regulation, document, paper, or other and said we want swift and sure jus- The bill clerk proceeded to call the record of the United States to a Federal tice. I call upon the President right roll. building referred to in subsection (a) shall be now to stand up before these Oklaho- Mr. HATCH. Mr. President, I ask deemed to be a reference to the ‘‘Cartney mans who are up here today and say, unanimous consent that the order for Koch McRaven Child Development Center’’. yes, I support Senator HATCH’s habeas the quorum call be rescinded. Mr. PRESSLER. Mr. President, I am reform as in the bill. Frankly, as a The PRESIDING OFFICER. Without proud to offer this amendment along Senator from Oklahoma, I am going to objection, it is so ordered. support the Kyl amendment for a Mr. HATCH. Mr. President, I have with my South Dakota colleague, Sen- stronger habeas bill. It is very mod- just sent up the amendment for and on ator DASCHLE, to S. 735, the Com- prehensive Terrorism Prevention Act, erate and very fair, but it is a habeas behalf of Senator SMITH. This is an reform that will not allow these things amendment of a technical nature. This to designate the child development to go year after year after year, 10 amendment simply places a dollar floor center at Ellsworth Air Force Base in years, 15 years and 20 years, where all on cases that can be brought in Federal South Dakota as the Cartney Koch deterrent value is lost. court in acts of terrorism. This amend- McRaven Child Development Center. So, Mr. President, I hope that those ment will prevent Federal courts from It was just slightly more than a Senators who are being visited right having to try minor cases in Federal month ago that terrorist thugs bombed now by Diane Leonard, and by Glenn court. For example, we would not want the Alfred P. Murrah Federal Building Seidl, and by Kay Ice and Mike Reyes a case involving a mere broken window in Oklahoma City. Among the victims and Jason Smith and Dan McKinney or a smashed door to be tried in Fed- inside was Cartney Koch McRaven. and Gary Bland and Suzanne Britten eral court. Stationed at Tinker Air Force Base will stop and realize that they have an So this amendment basically says, and having just been married the pre- opportunity to preclude something like ‘‘* * * 25 years; provided, however, that vious weekend, Cartney was in the this from happening again, allow the the damages to property that were Murrah Federal Building to register message that will go out to all who caused, or would have been caused if her new married name on Federal docu- might be considering such an act that any object of the conspiracy had been ments. Tragically, her life was cut in America we are not going to allow accomplished, must exceed, or must short by the savagery of domestic ter- someone to sit around for 8 years or 10 reasonably be estimated to exceed, rorism. years or 20 years before an execution $25,000.’’ So that is basically what this takes place. We will in fact have swift It is only fitting that we honor justice. amendment does. Cartney at Ellsworth Air Force Base. Maybe, Mr. President, I am old fash- This amendment makes a great deal Spearfish was her home. And she chose ioned, but I really believe in my heart of sense in the context of this debate so to begin her adult life by joining the that punishment is a deterrent to I would urge my colleagues to support Air Force and serving her country. And crime, and sitting around for 10 years this Smith amendment. serve she did, with honor, with devo- is not cruel punishment. Mr. President, I ask unanimous con- tion, with dignity. sent that the Smith amendment be set Mr. President, I suggest the absence It is even more fitting that her name of a quorum. aside so that I can call up a Pressler appear on the child development center The PRESIDING OFFICER (Mr. amendment. at Ellsworth. A1c Cartney Koch FRIST). The clerk will call the roll. The PRESIDING OFFICER. Without The bill clerk proceeded to call the objection, it is so ordered. McRaven served in Haiti, where the roll. AMENDMENT NO. 1204 TO AMENDMENT NO. 1199 stark poverty had an enormous impact Mr. HATCH. Mr. President, I ask (Purpose: To designate the Federal building on her. Cartney’s heart went out to the unanimous consent that the order for at 1314 LeMay Boulevard, Ellsworth Air children of Haiti. She devoted her time the quorum call be rescinded. Force Base, SD, as the ‘‘Cartney Koch in Haiti to an orphanage, offering a The PRESIDING OFFICER. Without McRaven Child Development Center’’) warm smile and a kind, loving word to objection, it is so ordered. Mr. HATCH. Mr. President, I send an young faces. The mission of our Armed AMENDMENT NO. 1203 TO AMENDMENT NO. 1199 amendment to the desk and ask for its Forces in Haiti was to ensure peace and (Purpose: To make technical changes in immediate consideration. offer hope to the people of Haiti— section 102 of the Dole-Hatch substitute) The PRESIDING OFFICER. The young and old. Cartney took her mis- Mr. HATCH. Mr. President, I send an clerk will report the amendment. sion to heart. The bill clerk read as follows: amendment to the desk for and on be- Even her family honored Cartney’s half of Mr. SMITH and ask for its imme- The Senator from Utah [Mr. HATCH], for commitment to young people by urging Mr. PRESSLER, proposes an amendment num- diate consideration. that donations be made in Cartney’s The PRESIDING OFFICER. The bered 1204 to amendment No. 1199. memory to the orphanage in Haiti. clerk will report the amendment. Mr. HATCH. Mr. President, I ask The bill clerk read as follows: unanimous consent that reading of the But we do more than honor a person. The Senator from Utah [Mr. HATCH], for amendment be dispensed with. We honor the values she personified Mr. SMITH, proposes an amendment num- The PRESIDING OFFICER. Without and practiced in her daily life. The val- bered 1203 to amendment No. 1199. objection, it is so ordered. ues of service, of duty, of compassion Mr. HATCH. Mr. President, I ask The amendment is as follows: and caring for the underprivileged unanimous consent that reading of the At the appropriate place, insert the fol- young—values that are at the core of amendment be dispensed with. lowing: South Dakota and of America.

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7668 CONGRESSIONAL RECORD — SENATE June 5, 1995 It is my hope that by passing this The amendment is as follows: sad fact is, false identification docu- amendment and the underlying bill, At the appropriate place, insert the fol- ments [ID’s] are easy and cheap to ob- Cartney Koch McRaven forever will be lowing: tain given the advanced state of com- remembered as a symbol of these core SEC. . FALSE IDENTIFICATION OF DOCUMENTS. puter technology today. Counterfeiting values and an inspiration to the young (a) MINIMUM NUMBER OF DOCUMENTS FOR a driver’s license is child’s play for so- people in South Dakota and America to CERTAIN OFFENSE.—Section 1028 of title 18, phisticated computer users. Modern honor and serve their family, commu- United States Code, is amended— color printers can produce stunningly nity, and country. (1) in subsection (a)(3), by striking ‘‘five’’ accurate reproductions of driver’s li- I urge my colleagues to support the and inserting ‘‘3’’; and (2) in subsection (b)(1)(B), by striking censes, Social Security cards, and amendment. ‘‘five’’ and inserting ‘‘3’’. other ID’s. Even anticounterfeiting Mr. HATCH. Mr. President, I am of- (b) REQUIRED VERIFICATION OF MAILED measures, such as holographic images fering this amendment on behalf of my IDENTIFICATION DOCUMENTS.— and magnetic strips, are being dupli- colleague, Senator PRESSLER, the dis- (1) IN GENERAL.—Chapter 83 of title 18, cated with relative ease. tinguished Senator from South Da- United States Code, is amended by adding at A vast underground industry has kota. This amendment would designate the end the following: emerged to meet the growing demand the child development center at Ells- ‘‘§ 1739. Verification of identification docu- for false ID’s from underage drinkers. worth Air Force Base in South Dakota ments Just last week, two young men who as the ‘‘Cartney Koch McRaven Child ‘‘(a) Whoever knowingly sends through the were students at George Washington Development Center.’’ mails any unverified identification docu- University here in Washington, DC, This amendment intends to honor ment purporting to be that of the individual plead guilty to operating a sophisti- the dedication and service of a young named in the document, when in fact the cated fake driver’s license operation. identity of the individual is not as the docu- Air Force airman from South Dakota ment purports, shall be fined under this title They sold the fake licenses to college who was killed in the Oklahoma City or imprisoned not more than 1 year, or both. students for $65 each. They even gave a bombing. U.S. Airman First Class ‘‘(b) As used in this section— discount for ordering 10 or more fake Cartney Koch McRaven, a South Da- ‘‘(1) the term ‘unverified’, with respect to ID’s. I ask that a news article describ- kota native stationed at Tinker Air an identification document, means that the ing that operation be printed in the Force Base outside Oklahoma City, was sender has not personally viewed a certifi- RECORD at the conclusion of my re- among those killed in the April 19, 1995 cation or other written communication con- marks. bombing. firming the identity of the individual in the The PRESIDING OFFICER. Without document from— Last year, while serving in Haiti, ‘‘(A) a governmental entity within the objection, it is so ordered. Cartney devoted her free time to an or- United States or any of its territories or pos- (See exhibit 1.) phanage. Her family asked that in lieu sessions; or Mr. PRESSLER. Most States have of flowers, donations be made to the or- ‘‘(B) a duly licensed physician, hospital, or laws against the use of false ID’s to phanage in Haiti. This amendment medical clinic within the United States; purchase alcohol, but those laws only seeks to honor her memory by desig- ‘‘(2) the term ‘identification document’ target the underage drinker. Nothing nating the child development center at means a car, certificate, or paper intended to prohibits anyone from mailing false Ellsworth Air Force Base the ‘‘Cartney be used primarily to identify an individual; ID’s from another State. Tough Fed- and eral action is needed to really make a Koch McRaven Child Development Cen- ‘‘(3) the term ‘identity’ means personal ter.’’ characteristics of an individual, including difference. Congress needs to crack I believe we can get unanimous con- age and nationality.’’. down on the suppliers—those in the in- sent on this amendment honoring this (2) CLERICAL AMENDMENT.—The table of dustry of producing and distributing young Air Force airman. My colleague sections at the beginning of chapter 83 of false ID’s. from Delaware is not here to comment title 18, United States Code, is amended by Last year, and again this year, I in- on this amendment, so I ask unani- adding at the end the following new item: troduced legislation designed to deal mous consent that the amendment now ‘‘1739. Verification of identification docu- with this situation. The amendment I be set aside so that we can call up an- ments.’’. have offered today is similar to this other amendment. (c) CONFORMING AMENDMENT.—Section legislation. It seeks to target and pun- The PRESIDING OFFICER. Without 3001(a) of title 39, United States Code, is ish those in the business of producing objection, it is so ordered. amended by striking ‘‘or 1738’’ and inserting and distributing false identification Mr. HATCH. Mr. President, I suggest ‘‘1738, or 1739’’. documents nationally. the absence of a quorum. Mr. PRESSLER. Mr. President, I rise Anyone convicted of distributing The PRESIDING OFFICER. The to explain the false ID amendment I false ID’s under this provision would clerk will call the roll. have proposed to S. 735, the Com- face a prison sentence of up to 1 year, The bill clerk proceeded to call the prehensive Terrorism Prevention Act. a fine, or both. The amendment also roll. According to several national news would reduce from five to three the Mr. HATCH. Mr. President, I ask sources, Timothy McVeigh, the pri- number of false ID’s that must be in a unanimous consent that the order for mary suspect in the Oklahoma City person’s possession to trigger penalties the quorum call be rescinded. bombing, allegedly used a false South under Federal law. The PRESIDING OFFICER. Without Dakota driver’s license to rent the These two changes are needed if we objection, it is so ordered. Ryder truck which exploded outside are to make a dent in the volume of AMENDMENT NO. 1205 TO AMENDMENT NO. 1199 the Alfred P. Murrah Federal building false ID’s being offered and sold (Purpose: To amend title 18 of the United on April 19 of this year. Again, the throughout our country. I urge my col- States Code regarding false identification driver’s license used by McVeigh was a leagues to support the amendment. documents.) fake. Timothy McVeigh is not a resi- EXHIBIT 1 Mr. HATCH. Mr. President, I send an dent of South Dakota, nor do I believe [From the Washington Post, June 2, 1995] amendment to the desk and ask for its he ever has been a resident of my TWO PLEAD GUILTY TO SELLING FAKE immediate consideration. State. My understanding is the fake li- DRIVER’S LICENSES The PRESIDING OFFICER. The cense contained his picture, but a dif- (By Toni Locy) clerk will report. ferent name. To add insult to injury, A student and a former student at George The bill clerk read as follows: the birthdate listed on the license was Washington University pleaded guilty in The Senator from Utah [Mr. HATCH], for April 19, the same date as the bombing. U.S. District Court yesterday to running a Mr. PRESSLER, proposes an amendment num- This example illustrates how easily a sophisticated fake driver’s license operation, bered 1205 to amendment No. 1199. terrorist can obtain an authentic-look- using computers to make nearly perfect cop- Mr. HATCH. Mr. President, I ask ing driver’s license, and operate in our ies to sell to underage students in several states so they could buy liquor. unanimous consent that reading of the society under an assumed name. Prosecutor Joseph B. Valder described amendment be dispensed with. It is not clear at this point exactly Ronald Stewart Johnson, 20, as the master- The PRESIDING OFFICER. Without how McVeigh obtained the false South mind of the scheme and Said C. Kiwan, 19, as objection, it is so ordered. Dakota driver’s license. However, the the legman who drummed up business and

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7669 made deliveries for the illegal enterprise. in the Oklahoma City bombing. This il- On page 22, line 19, strike ‘‘(b)’’ and insert They sold the licenses for $65 each or at a lustrates how a terrorist can obtain an ‘‘(c)’’. discount of $55 each for 10, making about authentic-looking driver’s license and Mr. HATCH. Mr. President, this $8,000 in less than six months. amendment I have sent to the desk on Valder said Johnson, as a high school stu- operate in our society under an as- dent in Durham, N.C., discovered the won- sumed name. behalf of Senator SPECTER simply au- ders of computers and learned how to alter False ID’s are obtained far too easily thorizes assistance to foreign countries valid driver’s licenses. He said Johnson used and cheaply today. Counterfeiting a to procure explosives detection devices scanning equipment to enter a driver’s li- driver’s license is child’s play for so- and other sophisticated counter- cense into a computer and shading and tex- phisticated computer users. Modern terrorism technology. ture devices to make changes. color printers can produce stunningly I believe that, in time, we can unani- In 1994, Kiwan and Johnson, who were accurate reproductions of driver’s li- mously accept this amendment. That is friends when their families lived in Rio de why I have sent it to the desk. I com- Janeiro when they were both 10, became re- censes, Social Security cards, and acquainted and began selling the licenses to other identification documents. pliment Senator SPECTER for his work make money, Valder said. Even anticounterfeit measures such on this amendment. I also compliment Though the prosecutor and defense attor- as holographic images and magnetic Senator PRESSLER for the work on his neys lauded their cooperation with authori- strips are being duplicated with rel- two amendments and Senator SMITH ties after they were caught, U.S. District ative ease. A vast underground indus- for the work on his amendment, all of Judge Ricardo Urbina rejected a request by try has emerged to meet the growing which are before the Senate. Kiwan’s attorney to forgo the normal proce- demand for false ID’s for underaged I ask unanimous consent that this dures and sentence him immediately. Attorney Thomas Abbenante said GWU of- drinkers. Most States have laws Specter amendment be set aside so we ficials will decide next week whether to against the use of false ID’s to pur- can call up another amendment. expel Kiwan, as they have done with John- chase alcohol, but they only target the The PRESIDING OFFICER. Without son. If Kiwan’s case is resolved, Abbenante underaged drinker. Nothing prohibits objection, it is so ordered. said, he has a chance to remain in school. mailing false ID’s from another State. Mr. HATCH. Mr. President, I suggest But Urbina refused to give Kiwan such a Tougher Federal action is needed to the absence of a quorum. consideration. ‘‘This is an episode in his life really make a difference. Congress The PRESIDING OFFICER. The that carries the potential of two years of in- needs to crack down on the suppliers, clerk will call the roll. carceration. I would not want to send you The assistant legislative clerk pro- the wrong message by having you walk in those in the industry producing and here, plead guilty . . . and walk out with distributing false ID’s. ceeded to call the roll. probation that you may not deserve,’’ the I ask unanimous consent that the Mr. HATCH. Mr. President, I ask judge told Kiwan, who is a citizen of England Pressler amendment be set aside so unanimous consent that the order for and Lebanon. that another amendment can be of- the quorum call be rescinded. ‘‘You are a privileged young man with lots fered. The PRESIDING OFFICER. Without of education, lots of advantages in life, with The PRESIDING OFFICER. Without objection, it is so ordered. no need for money, and yet you engaged in objection, it is so ordered. Mr. HATCH. Mr. President, referring this enterprise, which probably resulted in a to the current debate on the taggants lot of young people getting booze and pos- Mr. HATCH. Mr. President, I suggest amendment of Senator FEINSTEIN, Sen- sibly driving under the influence,’’ Urbina the absence of a quorum. said. ‘‘If ill consequences develop because of The PRESIDING OFFICER. The ator SIMPSON has asked me to get a let- it, then that is your problem. You are here clerk will call the roll. ter into the RECORD from ARCO Coal because you committed a crime, and you The bill clerk proceeded to call the Co. This is a letter to the Honorable have to deal with the consequences, what- roll. ALAN K. SIMPSON dated June 5, 1995. ever they are.’’ Mr. HATCH. Mr. President, I ask I ask unanimous consent that this Kiwan pleaded guilty to two misdemeanor unanimous consent that the order for letter be printed in the RECORD. counts for sending fake driver’s licenses to a the quorum call be rescinded. There being no objection, the letter student at Vanderbilt University, in Nash- was ordered to be printed in the ville, and to a high school student in Dur- The PRESIDING OFFICER. Without RECORD, as follows: ham. Johnson, who was born in Brazil but is objection, it is so ordered. a U.S. citizen, pleaded guilty to a felony AMENDMENT NO. 1206 TO AMENDMENT NO. 1199 JUNE 5, 1995. Hon. ALAN K. SIMPSON, charge of unlawful production of false identi- (Purpose: To authorize assistance to foreign fication. He faces up to five years in prison. U.S. Senate, nations to procure explosives detection Washington, DC. Mr. HATCH. Mr. President, I also be- equipment) DEAR SENATOR SIMPSON: I understand that lieve this is another technical amend- Mr. HATCH. Mr. President, I send an the Senate will be discussing S. 735 as early ment that probably will be accepted by amendment to the desk and ask for its as June 6. As noted in earlier correspondence unanimous consent. I think many of immediate consideration. we support the concept of the bill. However, the Republican amendments are of this The PRESIDING OFFICER. The we have learned that Senator Feinstein will nature. I do not believe this amend- clerk will report. probably be introducing an amendment that ment needs to delay the debate on this The bill clerk read as follows: broadens the scope of the bill to include such matter. explosive agents as ammonium nitrate with The Senator from Utah [Mr. HATCH], for fuel oil (ANFO). I am writing to urge you to What this amendment does is that it Mr. SPECTER, proposes an amendment num- resist this amendment as unnecessary and is similar to S. 507, the False Identi- bered 1206 to amendment No. 1199. very costly. Following is most of the letter fication Act of 1995, which has the sup- Mr. HATCH. Mr. President, I ask that was previously sent to your attention, port of Senators GRASSLEY and unanimous consent that reading of the and believe that it explains the problems DASCHLE. It would make the following amendment be dispensed with. with the Feinstein amendment. two changes in our current law: The PRESIDING OFFICER. Without In the wake of the tragedy in Oklahoma City, I have learned of Senate legislation First, it would reduce from five to objection, it is so ordered. three the number of false identification that has been introduced to address the issue The amendment is as follows: of domestic terrorism (S.735). ARCO Coal documents—that is, ID’s—that must be On page 22, between lines 18 and 19 insert Company supports legislation that reduces in a person’s possession to trigger pen- the following: or eliminates these horrific acts, but urges alties under Federal law. ‘‘(b) ASSISTANCE TO FOREIGN COUNTRIES TO against any over reaction that would ad- Second, it would require a prison sen- PROCURE EXPLOSIVES DETECTION DEVICES AND versely impact the legal and responsible use tence of up to 1 year, a fine, or both, OTHER SOPHISTICATED COUNTERTERRORISM of explosive materials, including ANFO. for anybody convicted of distributing TECHNOLOGY.—Subject to section 575(b), up Before discussing the proposed legislation false ID’s through the mail. to $10,000,000 in assistance in any fiscal year in more detail, let me first explain the im- The amendment seeks to target and may be provided to procure explosives detec- portance of this issue to the coal industry in punish those producing and distrib- tion devices or other sophisticated Wyoming. Thunder Basin Coal Company counterterrorism technology to any country (TBCC) is our subsidiary in Wyoming, oper- uting false identification documents facing an imminent danger of terrorist at- ating the Black Thunder (BTM) and Coal nationally. According to new sources, tacks that threaten the national interests of Creek Mines. In order to mine efficiently, Timothy McVeigh used a false identi- the United States or put United States na- safely and cost effectively, the overburden fication to rent the Ryder truck used tionals at risk.’’. and coal is ‘‘shot’’ with an ANFO/emulsion

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7670 CONGRESSIONAL RECORD — SENATE June 5, 1995 blend. Blasting operations at BTM safely and satisfaction with the Congress because the remaining 28 amendments on the legally consume about 75 to 85 million we did not pass an antiterrorist bill by Republican side will get to the floor pounds of ANFO on an annual basis (with Memorial Day. We are only a little and move ahead on this matter. plans to increase the usage to nearly 100 mil- time later than Memorial Day—one lion pounds annually). The ammonium ni- I suggest the absence of a quorum. trate prill is manufactured at the fertilizer week. I believe we can, if we can get The PRESIDING OFFICER. The plant near Cheyenne, Wyoming and is trans- the cooperation of our friends on both clerk will call the roll. ported to the mine by Wyoming trucking sides of the aisle, I believe we can pass The assistant legislative clerk pro- companies. this bill by tomorrow evening or at ceeded to call the roll. In reading about the proposed legislation some reasonable time this week. we concur with the requirement for a ‘‘detec- I hope that Senators who have Mr. HATCH. Mr. President, I ask tion agent’’ (or taggant) in ‘‘plastic explo- amendments will get over here to the unanimous consent that the order for sives’’. However, we oppose any broader re- floor and offer them. We will stack the quorum call be rescinded. quirements that explosive material, which The PRESIDING OFFICER. Without would include ANFO, to contain ‘‘taggants’’ those amendments until after 6 o’clock or ‘‘tracer elements’’ (to be defined by regu- tonight, and if necessary, tomorrow. I objection, it is so ordered. lation). We have several key concerns with would like to debate them now and uti- Mr. HATCH. Mr. President, I am very requiring taggants in ANFO, including: lize this time so that we can move concerned that we are sitting here just 1. Safety—manufacturers of the explosives ahead on this very important bill. wasting time while there have been used by the mining industry have raised the Regarding a vast majority of this complaints about not moving ahead on concern that the introduction of taggants the terrorism bill. So we are moving will raise safety concerns. For example, the bill, I think a vast majority of Sen- manufacturers are concerned that the intro- ators will agree with. I believe a vast ahead. We are here to go. Frankly, the duction of the taggant into an explosives majority of this bill, if not most all of only real controversial issue that I can mixture can have an adverse effect on the it, the President agrees with. see of any real consequence on this bill friction and impact sensitivity and/or the It is a bill that should not have any happens to be the habeas corpus, Spec- stability properties of the explosives. The real controversy except in some iso- ter-Hatch bill. I am hoping that those Wyoming coal mining industry is among the lated areas, and of course on the ha- who have amendments on that habeas safest, if not the safest, in the entire world. beas corpus reform provisions. corpus reform bill will bring them to This admirable safety record has not come There are people who sincerely be- about by accident, but rather through care- the floor and debate them and let us ful implementation of safety awareness and lieve that we should have no habeas get them out of the way. If they win, programs. We cannot compromise the safety corpus rights in this society. There will they win. If they lose, they lose. The of our employees. be an amendment offered, perhaps later fact is let us get out here and use this 2. Cost—a 1993 study by the Institute of today or tomorrow, that will severely time and not waste it. Thus far, we Makers of Explosives (IME) conservatively curtail habeas corpus appeals, if it is have had four Republican amendments, estimated that taggants in ANFO would cost passed. one Democrat amendment. The Demo- an additional 47 cents per pound. As pre- Then there are others who believe we viously noted, BTM anticipates using 75 to 85 crat amendment is scheduled for a vote million pounds of ANFO annually. Using the ought to continue the same system we at 6 o’clock. have now which allows for multiple IME study, TBCC’s costs would conserv- AMENDMENT NO. 1207 TO AMENDMENT NO. 1199 atively rise by $35 to $40 million annually on frivolous appeals, one appeal after an- Purpose: To extend U.S. sanctions against a product that is currently being used in a other, all the way up to the State Iran to all countries designated as ‘‘ter- safe, legal and regulated manner. In a mar- courts, and then all the way up to the ket that is highly competitive, costs have to rorist countries’’ by the Secretary of Federal courts, or vice versa. I do not State) be controlled. think very many people in this country We hope that you will support Title VIII Mr. HATCH. Mr. President, I send an- provisions in S. 735 and will resist any efforts would agree with either of those ex- treme points of view. other Republican amendment to the to expand the scope of the bill to include desk and ask for its immediate consid- ANFO. This will help ensure that any new Habeas corpus is a statutory right legislative and/or regulatory program meets that was established for the purpose of eration. I send this up for and on behalf its specified purpose without compromising protecting the rights of the accused. of Senator BROWN from Colorado. safety or punishing industries using the Our habeas corpus provision, the Spec- The PRESIDING OFFICER. The product in a safe and legal fashion. We would ter-Hatch bill, will protect those clerk will report. also be glad to help you in any manner you rights, but it will put an end to the The legislative clerk read as follows: desire with regard to this issue. Sincerely, frivolous appeals that make a mockery The Senator from Utah [Mr. HATCH], for GREG SCHAEFER. out of our system of justice. Mr. BROWN, proposes an amendment num- I hope that our fellow Senators will bered 1207 to amendment No. 1199. Mr. HATCH. Gregg Schaefer is direc- get over here and bring their amend- tor of Government issues and analysis Mr. HATCH. Mr. President, I ask ments to the floor so that we can move for the ARCO Coal Co. unanimous consent that reading of the Mr. President, as I said before, there ahead and get this bill done within a amendment be dispensed with. are presently 100 amendments under reasonable time, please our President, The PRESIDING OFFICER. Without the unanimous consent. We have five and certainly do so in memorialization objection, it is so ordered. of the suffering that these folks from up. Sixty-eight of those are Democrat The amendment is as follows: amendments; we have one of those up. Oklahoma City are undergoing and in memorialization of those who have At the appropriate place in the Dole-Hatch Thirty-two amendments are Repub- substitute, add the following new section— lican; four of those are up. Most of died, because we have not done enough to resolve terrorist problems in our so- ‘‘SEC. . SANCTIONS AGAINST TERRORIST COUN- those 32 amendments, I believe, will TRIES. not be offered. ciety. I am hoping that Senators will get to I am not sure that any piece of legis- (a) PROHIBITION.—In conjunction with a de- lation is going to absolutely protect termination by the Secretary of State that a the floor and offer their amendments nation is a state sponsor of international so that we can stack these votes after people from terrorist activities. Of terrorism pursuant to 6(j) of the Export Ad- 6 o’clock p.m. and move ahead with course, no legislation can be crafted to ministration Act of 1979 (50 U.S.C. App. this very important bill. do that. But this legislation will put 2405(j)) or 620A of the Foreign Assistance Act I am wearing this ribbon in honor of teeth in our criminal laws, our Federal of 1961 (22 U.S.C. 2371), the Secretary of the people who died, and their families criminal laws, to bring people to jus- State, in consultation with the Secretary of who have survived, the Oklahoma City tice who might commit terrorist ac- Commerce, shall issue regulations prohib- bombing. It has great significance to tivities and might deter those who are iting the following— me because one of the survivor’s considering participating in terrorist (1) The importation into the United States, daughters pinned it on me earlier this activities in our society. or the financing of such importation, of any I am hopeful we can move ahead here goods or services originating in a terrorist morning. I wear it with honor and with country, other than publications or mate- consideration for what these good peo- today. I am prepared to stay as long as rials imported for news publications or news ple suffered and what they are going we have to and to debate any issue that broadcast dissemination; through currently. any Member cares to bring to the floor. (2) Except to the extent provided in section We know that this bill is critical. I hope those who have the remaining 67 203(b) of IEEPA (50 U.S.C. 1702(b)), the expor- The President has expressed dis- amendments on the Democrat side and tation from the United States to a terrorist

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7671 country, the government of a terrorist coun- (A) the Banking and Financial Services at least 9 or 10 Republican amendments try, or to any entity controlled by the gov- Committee, the Ways and Means Committee disposed of, and I do not believe most ernment of a terrorist country, or the fi- and the International Relations Committee of the others will be brought forward nancing of such exportation, of any goods, of the House of Representatives; either. technology (including technical data or (B) the Banking, Housing and Urban Af- Major difficulties are going to be other information subject to the Export Ad- fairs Committee, the Finance Committee ministration Act Regulations, 15 CFR Parts and the Foreign Relations Committee of the over the question of habeas corpus re- 768–799(1994)) or services; Senate. form. And I hope that those who have (3) The reexportation to such terrorist (c) EXPORT/RE-EXPORT.—The Secretary of amendments to that will bring them up country, its government, or to any entity the Treasury may not authorize the expor- here today and let us debate them and owned or controlled by the government of tation or reexportation to a terrorist coun- go ahead. If there are any other amend- the terrorist country, or any goods or tech- try, the government of a terrorist country, ments that can be brought to the floor nology (including technical data or other in- or an entity owned or controlled by the gov- at this time, we sure would like to en- formation) exported from the United States, ernment of a terrorist country of any goods, the exportation of which is subject to export courage our colleagues to do so so we technology, or services subject to export li- can dispose of as many of them today license application requirements under any cense application requirements of another U.S. regulations in effect immediately prior agency of the United States government, if as we possibly can. to the enactment of this Act, unless, for authorization of the exportation or reexpor- I ask unanimous consent that the goods, they have been (i) substantially trans- tation by that agency would be prohibited by Brown amendment be set aside so that formed outside the U.S., or (ii) incorporated law. another amendment can be called up into another product outside the United (d) RIGHTS AND BENEFITS.—Nothing con- by any Senator who desires to do so. States and constitute less than 10 percent by tained in this section shall create any right The PRESIDING OFFICER. Without value of that product exported from a third or benefit, substantive or procedural, en- objection, it is so ordered. country; forceable by any party against the United Mr. HATCH. I suggest the absence of (4) except to the extent provided in section States, its agencies or instrumentalities, its a quorum. 203(b) of IEEPA (50 U.S.C. 1702(b)), any trans- officers or employees, or any other person. action, including purchase, sale, transpor- The PRESIDING OFFICER. The (e) WAIVER.—The President may waive the clerk will call the roll. tation, swap, financing, or brokering trans- prohibitions described in subsection (a) of actions, or United States person relating to The legislative clerk proceeded to this section for a country for successive 180 call the roll. goods or services originating from a terrorist day periods if— country or owned or controlled by the gov- (1) the President determines that national Mr. HATCH. Mr. President, I ask ernment of a terrorist country; security interests or humanitarian reasons unanimous consent that the order for (5) Any new investment by a United States justify a waiver; and the quorum call be rescinded. person in a terrorist country or in property (2) at least 15 days before the waiver takes The PRESIDING OFFICER. Without (including entities) owned or controlled by effect, the President consults with appro- objection, it is so ordered. the government of a terrorist country; priate committees of Congress regarding the Mr. HATCH. Mr. President, again I (6) The approval or facilitation by a United proposed waiver and submits a report to the States person or entry into or performance encourage my colleagues to get here Speaker of the House of Representatives and by an entity owned or controlled by a United and bring up their amendments. So far, the President Pro Tempore of the Senate States person of a transaction or contract: we have five Republican amendments (A) prohibited as to United States persons containing— up, and two Democrat amendments. I (A) the name of the recipient country; by subsection (3), (4) or (5) or believe that Senator DOLE will forgo (B) relating to the financing of activities (B) a description of the national security interests or humanitarian reasons which re- his two. I intend to forgo my two, un- prohibited as to United States persons by less we have to use those. I have been those subsections, or of a guaranty of an- quire a waiver; other person’s performance of such trans- (c) the type and amount of and the jus- informed by Senator GRAMM’s staffer action or contract; and tification for the assistance to be provided that he will forgo his two. That is six (7) Any transaction by any United States pursuant to the waiver; and more. person or within the United States that (D) the period of time during which such We are moving through this pretty evades or avoids, or has the purpose of evad- waiver will be effective. well today. But I would like to get as ing or avoiding, or attempting to violate, The waiver authority granted in this sub- many amendments as can be agreed to any of the prohibitions set forth in this sec- section may not be used to provide any as- or debated over a short term today as tion. sistance which is also prohibited by section quickly as possible. Of course, we (b) DEFINITIONS.—For the purposes of this 40 of the Arms Control Export Control Act.’’ section: would be happy to take any habeas cor- (1) the term ‘‘person’’ means an individual Mr. HATCH. Mr. President, I rise to pus amendments that there are. or entity; offer this amendment for and on behalf As I have been standing here, some (2) the term ‘‘entity’’ means a partnership, of the distinguished Senator from Colo- people have called in and wondered association, trust, joint venture, corpora- rado, [Mr. BROWN]. about the ribbons I am wearing on my tion, or other organization; This amendment will extend the lapel that were kindly placed there by (3) the term ‘‘United States person’’ means sanctions currently imposed against any U.S. citizen, permanent resident alien, one of the family members who lost a entity organized under the laws of the Iran to all countries designated as ter- member of their family. United States (including foreign branches), rorist countries by the Secretary of I think it is important, as we discuss or any person in the United States; State. Thus, under Senator BROWN’s this matter, that we recall why in the (4) the term ‘‘terrorist country’’ means a proposed amendment, all countries world we are here. There are 167 vic- country the government of which the Sec- deemed to engage in terrorist activi- tims of the Oklahoma City bombing. retary of State has determined is a terrorist ties and designated as supporting inter- This morning, along with Senator government for the purposes of 6(j) of the Ex- national terrorism will be punished to port Administration Act of 1979 (50 U.S.C. INHOFE and Senator NICKLES, I met App. 2405(j)), or 620A of the Foreign Assist- the same degree that Iran is. with the families of some of the vic- ance Act of 1961 (22 U.S.C. 2371) and includes Now, this is a controversial amend- tims of that tragedy. So they presented the territory of the country and any other ment. I hope that those who are op- me with this ribbon I am wearing. Let territory or marine area, including the ex- posed to it will come to the floor and me just explain its significance. It has clusive economic zone and continental shelf, be prepared to debate it if they so de- four ribbons, or four strands. The blue over which the government of the terrorist sire. If not, we will put it in line fol- strand right here represents the State country claims sovereignty, sovereign lowing the stacked amendments where of Oklahoma. The white strand rep- rights, or jurisdiction, provided that the gov- either it will be accepted by unanimous ernment of the terrorist country exercises resents hope. The yellow strand rep- partial or total de facto control over the consent or voted upon one way or the resents those who were missing in the area or derives a benefit from the economic other. Senator BROWN has permitted wake of the bombing. The purple activity in the area pursuant to inter- me to put that amendment into the strand represents those killed. Just to national arrangements; and RECORD at this point. make that point a little more dramati- (5) the term ‘‘new investment’’ means— Now, that makes five Republican cally, this chart represents the victims (A) a commitment or contribution of funds amendments. I think it is safe to as- of the Oklahoma City bombing. or other assets, or (B) a loan or other extension of credit. sume that Senator DOLE probably is I ask unanimous consent that all of (6) the term ‘‘appropriate committees of not going to call up his two. I am not those names be printed in the RECORD Congress’’ means— going to call up my two. And so that is at this point.

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7672 CONGRESSIONAL RECORD — SENATE June 5, 1995 There being no objection, the list was Paul D. Ice, 42. them have been heroes for years, and ordered to be printed in the RECORD, as Christi Y. Jenkins, 32. they are all heroes today. These rib- follows: Domonique London Johnson, 2. bons I am wearing represent these peo- Norma Jean Johnson, 62. ple of the State of Oklahoma—those THE MURDERED VICTIMS OF OKLAHOMA CITY Raymond L. Johnson, 59. Lucio Aleman, Jr., 33. Larry J. Jones, 46. missing and those killed. These people are crying out for us to Teresa Alexander, 33. Blake R. Kennedy, 11⁄2. Ted Allen, 48. Carole Khalil, 50. get this bill passed and to do what Richard Allen, 46. Valerie Koelsch, 33. should be done. There were a number of Baylee Almon, 1. Carolyn A. Kreymborg, 57. children who were killed. I would just Diane E. Hollingsworth Althouse, 44. Teresa L. Lauderdale, 41. like to read their names into the Pamela Argo, 36. Catherine Leinen, 47. RECORD: Saundra Avery, 34. Carrie Lenz, 26. Almon, Baylee, 1; Bell, Danielle, 11⁄2; Brad- Peter Avillanoza, 57. Donald R. Leonard, 50. ley, Peachlyn, 3; Bruce, Gabreon, 4 months; Calvin Battle, 65. Airman 1st Class Lakesha R. Levy, 21. Chavez, Zackary, 3; Cooper, Anthony C., II, 2; Peola Battle, 51. Rheta Long, 60. Cooper, Antonio A., Jr., 6 months; Coverdale, Danielle Bell, 11⁄2. Michael Loudenslager, 48. Elijan, 2; Coverdale, Aaron, 5; Coyne, Jaci, 14 Oleta Biddy, 54. Aurelia ‘‘Donna’’ Luster, 43. months; Eaves, Tylor, 8 months; Eckles, Shelly Turner Bland, 25. Robert Luster, 45. Ashley, 4; Garrett, Tevin, 1; Gottshall, Kevin Andrea Blanton, 33. Mickey Maroney, 50. Lee, 6 months; Johnson, Domonique London, Olen B. Bloomer, 61. James K. Martin, 34. 2; Kennedy, Blake R., 11⁄2; Smith, Chase, 3; Army Sgt. 1st Class Lola Rene Bolden, 40. Gilberto Martinez, 35. Smith, Colton, 2; and Titsworth, Kayla M., 3. James E. Boles, 51. Tresia Mathes-Worton, 28. These people are crying out in having Mark A. Bolte, 27. James Anthony McCarthy, 53. Cassandra Booker, 25. Kenneth McCullough, 36. been killed. These children and their Carol Bowers, 53. Betsy J. McGonnell, 47. families are crying out for us to do Peachlyn Bradley, 3. Linda G. McKinney, 48. what should be done here. I intend to Woodrow Brady, 41. Airman 1st Class Cartney J. McRaven, 19. see that it is done. Cynthia Campbell Brown, 26. Claude Medearis, 41. Let us get our amendments here and Paul G. Broxterman, 43. Claudette Meek, 44. get this bill done. If it can be improved, Gabreon Bruce, 4 months. Frankie Ann Merrell, 23. fine. The people who have amendments, Kimberly Ruth Burgess, 29. Derwin Miller, 27. we would like to get them here. David N. Burkett, 47. Eula Leigh Mitchell, 64. Baylee Almon turned 1 year old on Donald E. Burns, 62. John C. Moss III, 51. Karen Gist Carr, 32. Patricia Mix, 47. Tuesday, April 18, 1995. That day her Michael J. Carrillo, 44. Jerry Lee Parker, 45. family threw her a birthday party. Her Rona Chafey, 35. Jill Randolph, 27. aunts, uncles, and cousins—along with Zackary Chavez, 3. Michelle Ann Reeder, 33. her 22-year-old, single mother Aren— Robert Chipman, 51. Terry Smith Rees, 41. celebrated what was to be her first of Kimberly K. Clark, 39. Mary Leasure Rentie, 39. many birthdays. Horribly, however, her Margaret L. Clark, 42. Antonio Reyes, 55. lifeless body was pulled from the rub- Anthony C. Cooper II, 2. Kathryn Ridley, 24. ble of the Alfred Murrah building in Antonio A. Cooper, Jr., 6 months. Trudy Rigney, 31. Dana L. Brown Cooper, 24. Claudine Ritter, 48. Oklahoma City less than 24 hours later. Harley Cottingham, Jr., 46. Christy Rosas, 22. By now, we are too familiar with the Kim R. Cousins, 33. Sonja Sanders, 27. unforgettable image of Baylee being Elijah Coverdale, 2. Lanny L. Scroggins, 46. carried away from the wreckage by Aaron Coverdale, 5. Kathy L. Seidl, 39. firefighter Capt. Chris Fields. This Jaci Coyne, 14 months. Leora L. Sells, 57. image of Baylee’s lifeless body being Katherine Cregan, 60. Karan D. Shephard, 27. tenderly cradled by a firefighter was Richard Cummins, 56. Chase Smith, 3. called by Governor Frank Keating ‘‘a Steven Curry, 44. Colton Smith, 2. metaphor for what’s happened here.’’ Brenda Daniels, 42. Army Sgt. 1st Class Victoria Sohn, 36. Sgt. Benjamin L. Davis, 29. John T. Stewart, 51. Baylee was 1 of 19 children murdered Diane Lynn Day, 38. Dolores M. Stratton, 51. by the terrorist bomb blast on April 19, Peter DeMaster, 44. Emilio Tapia, 49. 1995. Castine Deveroux, 48. Victoria Texter, 37. When some suggest that our decision Sheila Driver, 28. Charlotte A. Thomas, 43. to include habeas corpus reform in this Tylor Eaves, 8 months. Michael Thompson, 47. bill is unrelated to the murder of chil- Ashley Eckles, 4. Virginia Thompson, 56. dren like Baylee or that our efforts are Susan Ferrell, 37. Kayla M. Titsworth, 3. politically motivated, we mock the Carrol ‘‘Chip’’ Fields, 49. Ricky L. Tomlin, 46. Katherine Ann Finley, 44. LaRue Treanor, 56. memory of Baylee Almon. Habeas cor- Judy J. Fisher, 45. Luther Treanor, 61. pus policies and procedures directly Linda Florence, 43. Larry L. Turner, 43. and forcefully impact victims. Our de- Donald Fritzler, 64. Jules A. Valdez, 51. bate about habeas reform has tradi- Mary Anne Fritzler, 57. John K. VanEss, 67. tionally focused on such issues as the Tevin Garrett, 1. Johnny A. Wade, 42. rights of petitioning prisoners, fed- Laura Jane Garrison, 62. David J. Walker, 54. eralism, and competency of counsel. Robert N. Walker, 52. Jamie Genzer, 32. But, for those who have buried murder Margaret Goodson, 55. Wanda L. Watkins, 49. Kevin Lee Gottshall, 6 months. Michael Weaver, 45. victims, the continued, protracted ap- Ethel Louise Griffin, 55. Julie Welch, 23. peals mean something else. John Col- Colleen Guiles, 58. Robert Westberry, 57. lins, the father of a 19-year-old young Marine Capt. Randolph Guzman, 28. Alan Whicher, 40. woman who was brutally murdered in Cheryl Hammons, 44. Jo Ann Whittenberg, 35. 1985, may have put it best when he tes- Ronald Harding, 55. Frances A. Williams, 48. tified before the Judiciary Committee Thomas Hawthorne, 52. Scott Williams, 24. in 1991: Doris Adele Higginbottom, 44. William Stephen Williams, 42. Extended habeas corpus proceedings mean Anita C. Hightower, 27. Clarence Wilson, 49. no closure to our grief, no end to our mental Thompson E. ‘‘Gene’’ Hodges, 54. Sharon L. Wood-Chestnut, 47. and emotional suffering, no end to night- Peggy Louise Holland, 37. Ronota A. Woodbridge, 31. mares, and no relief from the leaden weights Linda Coleen Housley, 53. KILLED IN RESCUE EFFORT that remain lodged in our hearts. It means George M. Howard, 46. Rebecca Anderson, 37. we continue to bleed. Wanda Howell, 34. Robbin A. Huff, 37. Mr. HATCH. These were folks who Due to our current system of habeas Charles Hurlburt, 73. were working for our country or stand- corpus litigation, April 19, will not be Anna Jean Hurlburt, 67. ing in the street at the time. Many of the end of the victimization of those

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7673 who died in Oklahoma City. Long after years. We did pass this bill through the were under the impression that the the media stops covering the tragedy Senate on the Hatch amendment a President’s bill would be the bill from and elected officials stop meeting with number of years ago. It passed over- which we worked. the victims, those responsible for this whelmingly. There is no reason not to The Republicans, as is their right, in- cowardly act will probably be flaunting face this issue today. troduced their own bill. One of the justice unless we act to pass habeas re- Now, I have to say that I do believe problems is that we did not see that form. The families of those who died that there are those who very sincerely bill until toward the middle of the will agonize for many, many years to oppose habeas corpus reform in this afternoon the day that we went out of come unless we act to pass true, mean- body. I think they are a distinct minor- here, I think, or maybe the day before ingful habeas corpus reform. ity, and I think they oppose it mainly we went out. People had not had a For too long, the interests of the con- because they oppose the death penalty. chance to read the bill. victed murdered have outweighted the They are deathly afraid that maybe Notwithstanding that, the very same interests of the families of murder vic- somebody will be executed who was in- day we received the bill, we agreed to a tims. For too long, habeas corpus has nocent. finite list of amendments. We did not been viewed as a tangential issue to They have no information to back wait around. Once we calmed every- the more alluring issues of gun control them up on that. These cases are very one’s concerns—we heard about ter- and enhanced mandatory penalties. carefully tried. Any person accused of rorism, civil liberties, new actions, and What is ironic is that for many of my murder and sentenced to death after everyone from folks who view the in- colleagues on the other side of the this bill is enacted will have every one terests of the NRA as paramount, to aisle, it never seems to be the right of that person’s constitutional rights folks who view the interests of the civil time to pass habeas corpus reform. and privileges and liberties protected. liberties community as paramount— The time has come to return some We will still protect the civil liberties everyone wanted to make sure they balance in the criminal justice system of the people. But the game is over on knew what was in that bill. and nowhere is this more urgently multiple frivolous vehicles. They have Notwithstanding that, we ended up needed than in the capital litigation one trip up and it is extensive through with a finite list of amendments which area. We must recognize that the true the State court, and one through the we have now. No doubt that list would concerns of justice, in the final anal- Federal courts. Unless they can show have been shorter from the beginning had the Democrats had any reasonable ysis, must lie with those who support new evidence, or the Supreme Court opportunity to review the Republican society and genuinely strive to uphold has made a case retroactive in nature, its law and not those who tear away at bill before it was brought to the floor. then that is the end of the appeals. Now, having worked hard over the re- society, mock its laws, and murder in- That is as it should be. It is time to cess, our staffs having worked hard, nocent children like Baylee. face this problem. Is time to stand up primarily, we have limited the number I am concerned about it, and I just and do what has to be done. There is a of amendments we need to offer from think it is time to act. We should quit lot more to be said about it. our side of the aisle, and effectively cut playing around with these problems. I was moved this morning in meeting the list by more than half. We have a chance of making a dif- these families and these people who There is no evidence of any intent to ference right now. lost their loved ones in Oklahoma City. delay the bill. And while talk of delay Let me just take a second here and I am proud to wear a set of ribbons and the need for cloture motions may read a letter from a woman who was at which represents the State of Okla- be good politics, it has nothing to do the press conference this morning. This homa, those who are missing and those with the reality of the work before the is dated June 4, 1995. who are dead, as a result of this ter- Senate. The reality is that we are ad- Re: Dole-Specter-Hatch bill S. 735. rible, horrific bomb. dressing an important topic that de- My husband of 34 years and the father of I hope we can move ahead on this our three children, Tim, 24, Todd 22, and serves serious—not token, but seri- bill. We made some headway here ous—consideration by this body. Kristi, 19, was a Director of Housing and today, but I would like to make a lot Urban Development in Oklahoma City. We That is, the threat of terrorism from had only been in Oklahoma for 4 months, had more before the day is over. both at home and abroad. That threat purchased our home only 3 weeks before he I yield the floor. is real. Bombings at the World Trade was killed on April 19. Our lives were lit- Mr. BIDEN. Mr. President, the ma- Center 2 years ago and in Oklahoma erally ‘‘blown″ apart. He was a wonderful jority leader today opened the session City 2 months ago are proof positive of husband, father, son, brother, and human by criticizing the President and criti- the need to strengthen our responses to being, kind and caring to everyone and truly cizing the Democrats for what he says this threat. a person who believed in observing the laws are a flood of amendments that are Does not this threat deserve more of our land and also never forgetting how holding up this bill. He said that if the than 2 days of the Senate’s time? It blessed we as Americans are to be Americans Senate is not finished by tomorrow, we and to enjoy the many wonderful freedoms seems to me that while we all want to and opportunities available to us when we will pull the bill and go on to further move forward, we should also want to abide by our laws. matters. make sure that we do the job right. That is what I am asking for now: Swift Let me point out that in all the years The President has sent two strong ter- and severe punishment of those responsible that I have been here—and the Senator rorism proposals to the Congress this for this horrible act. Our President assured from Utah has been over here a few year in responding to two terrible the people of Oklahoma and America this years less than I have—one of the bombings on American soil. His pro- would be done. There should not be more things delaying action on the bill posals contain many needed reforms to consideration for the criminals than the vic- today is we are coming off of a recess tims. Under our Constitution, the rights of enable law enforcement to better in- criminals have to be protected in deciding if of a week and half and the Members are vestigate and prosecute terrorist acts. they are guilty or innocent, but so do the not back in town yet. That is one of The Judiciary Committee and its rights of the victims need to be protected. the reasons there is delay. Terrorism Subcommittee held a num- Protecting criminals’ rights does not give Let me first say, contrary to the ma- ber of extensive hearings on the Presi- them the right of 20 years of appeals. jority leader’s representations, we are dent’s proposal over the last 6 weeks. I am certain that if any one of you were in not trying to delay this bill. Indeed, on Many issues have been discussed, de- my shoes, (and I sincerely hope you never the very same day we received the final bated, and drafted into legislative lan- are) you would want nothing less than the version of the Republican bill—and we death penalty—now—not years from now. guage. The Republicans have put a bill I pray with all my heart you will do what- had started off, by the way, with the together, drawn in large measure from ever is necessary to enact legislation that President’s bill. The President intro- the administration’s proposal, and will not allow continuous appeals. Joyce duced a bill, or had 3 Members intro- much of which is supported by both McCarthy, widow of James A. McCarthy, Ed- duce the bill on his behalf. sides of the aisle. mond, OK. Senators KOHL, SPECTER, and myself Unfortunately, the Republicans fail That letter says it more poignantly met with the President at the White to include in their bills several pro- than anything I could say. It is time to House. This was a bipartisan group, in- posals to give law enforcement modest do habeas corpus reform. We tried for cluding the Republican leadership. We but

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7674 CONGRESSIONAL RECORD — SENATE June 5, 1995 needed new authority to fight ter- have a crime bill they want to push. end all the delay—and there is no delay rorism in the areas of wiretaps, We have plenty of time for that, in- in terms other than time consuming on taggants, and military assistance in stead of dealing with this issue. each of the amendments—let us just cases of biological and chemical ter- It is true that delay on death pen- have the debate on that issue. That ap- rorist acts, just to name three. alties being imposed could have a per- plies to this legislation. None of the There will be amendments to address verse effect, once we identify and con- rest does. these subjects, and the amendments vict the people responsible for the The point I want to make here, and I are needed to make this bill a truly ef- bombing in Oklahoma City. That is am probably overmaking it, is that fective tool to fighting terrorism. Sev- prospective, way down the road. there is no delay. There is no delay. We eral of the amendments have been We will have Democrats—not me, but have agreed to the amendment. We identified, and several of them have al- other Democrats—who will stand up have limited the number of amend- ready been offered. here on the floor and argue that be- ments that can be brought up. We The suggestion that they are meant cause we have not done more to deal could further eliminate a lot of those to delay this bill is an obvious attempt with the ability of people to get explo- amendments, I am sure, if we could to shift focus from the fact that Repub- sives, because we have not dealt more agree on focusing on international and licans oppose strengthening the hand restrictively with the people and the domestic terrorism and we could move of law enforcement against terrorists, ability of people to get ahold of weap- on. But one thing for certain, this issue the way the President’s proposal is op- ons, because we cannot deal with cer- warrants serious consideration—seri- posed to any attempt to delay. tain bullets that can penetrate vests, ous consideration. I note the Repub- In addition, the Republicans included that kill police officers, because they licans do not think their 32 amend- several provisions in their bill that have not done that, they hamper our ments are frivolous. Now I doubt any of some of Members believe are ill-drafted ability to deal with terrorist acts. That these amendments, Democrat or Re- and are inappropriate as part of this is true. publican, are designed as delaying tac- bill. We have several amendments to I plead with my Democrat and Re- tics. I expect we can work many of modify these provisions, but this is a publican friends, keep that stuff off them out and we can proceed on the Republican bill. this bill. Move forward on the essential rest. But I believe very strongly that Again, the amendments are identified elements of what the President said our job involves offering relevant and they have not and will not be of- and what we all agree is needed to en- amendments to make the bill better fered to delay. They will be shortly of- able the FBI and the law enforcement and debating them fully and reason- fered. They will be voted on. They are agencies, federally, to be able to have ably. Again, terrorism is not a trivial not vehicles for delay. the manpower as well as additional matter, as we all know. The issue is as Moreover, I note that the Repub- legal authority to both infiltrate, iden- vital as it is complicated. licans have identified a number of tify, arrest, prevent—hopefully—pre- Let me just give one example how amendments as well. As I understood vent future terrorist acts, whether complicated it is. I will bet that 90 per- from the list before we went out last they are domestic or foreign inspired. cent of the American people would week, the Republican Members of the That is not where we are. No matter have guessed that when JOE LIEBER- Republican Party suggested they had how much it made sense to do it that MAN, Senator LIEBERMAN of Con- 32 amendments—32 amendments. Now, way, it does not make a lot of sense for necticut, and I brought an amendment maybe some of those were in response me to spend much more time talking to the floor at the request of the Presi- to what they anticipate to be amend- about it other than to put in perspec- dent last week that said we want to ments from Democrats. Democrats tive what has happened here. We could give the FBI the same power to use have amendments that were put for- have finished this bill a long time ago. wiretapping devices and wiretapping ward in anticipation of what they The fact of the matter is that a clear under the circumstances that we pres- thought the Republicans were doing. decision was made to take a very im- ently allow them to investigate orga- Much of this, I think, will fall away. portant part of the Republican crime nized crime to organized terrorist Putting this in perspective, if there bill, their essential elimination of Fed- threats, I will bet 90 percent of the is delay going on—and there is not eral habeas corpus, and drop it on this American people would have thought delay going on—32 out of 40-some bill. everybody in this floor would vote for amendments or 70, whatever the num- We could probably settle this whole that—especially the Republicans. They ber was that were listed last week, are habeas corpus matter very quickly, the talk about law and order all the time, Republican amendments. Senator from Utah and I. The only ef- like Democrats do these days. And In all the talk of delay by Democrats fect habeas corpus can possibly have in what happened? We voted on it and it over habeas corpus reform, the unani- this bill is Federal habeas corpus. We lost. I offer that as a simple example of mous-consent agreement under which have an amendment to limit their pro- what is so complicated about this we are operating identifies 4 Democrat posal to Federal habeas corpus cases. issue. People are beginning to under- amendments on habeas corpus and 4 Let us go ahead and do that and drop stand when we deal with people’s con- Republican amendments on habeas cor- all Federal habeas corpus amendments, stitutional rights and the fourth pus. vote on that one. amendment that maybe it is better to We have all been around here long That is the only thing that is argu- err on the side of being very cautious enough to know Senators do not agree ably related to Oklahoma City. Noth- in the power we give the police. to a unanimous consent agreement ing else has anything to do with Okla- I have always been one to be very limiting the number of amendments homa City, zero, zero. Nothing else has cautious. But I thought, since we had that can be offered on a subject that is anything to do with this legislation. the ability to do to organized crime allegedly the reason for the delay on This is Federal legislation dealing with what was proposed by Senator the bill. terrorist acts. That is Federal court. LIEBERMAN and in the President’s bill, There are four amendments offered That is Federal prosecutors. That is a we ought to be able to do that with ter- by Democrats, four amendments of- Federal conviction. So let us deal with rorists. But, guess what, an over- fered by Republicans. I am sure we can Federal habeas corpus, not State ha- whelming majority of my Republicans get time agreements on all those beas corpus. friends did not think that made sense. amendments at some point along the This is a sham. I think we should I do not criticize them for that point of way when they are proposed. That is it. change habeas corpus. I have been try- view. I just offer it to point out how I might add, by the way, if my Re- ing to change habeas corpus, dif- complicated it is. I bet they have trou- publican friends had wanted to move ferently than my friend from Utah has, ble explaining that back home. I do not on this terrorism bill quickly, all they for the last 8 years. We have battled suggest that their action was wrong or had to do was leave habeas corpus off over it, and it is a legitimate and seri- had any motivation other than they this. It would not have attracted all ous, intellectual, political, and crimi- have a heightened sense of concern these other amendments. We could nal justice issue but it has not a darned about the use of wiretaps. I respect have put it on their crime bill. They thing to do with this. So if we want to that.

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7675 But guess what, this is not as simple to 53 Federal indictments and 19 tons half of the President and others is say as the majority leader makes it sound. of cocaine that were seized. that, if you have a criminal who is If it were simple, that would have The wiretap on his phone would not going from phone to phone, you can passed like a hot knife through butter have yielded much at all, but they follow the criminal. I personally do not here. But it did not. If we could under- identified all the phones around this see anything wrong with that. I see stand how a majority of Republicans do guy’s neighborhood because they some great value in doing exactly that. not think we should be able to go after watched him. They watched the pat- Once again, I give the Senator from terrorists like we do the mob, then we tern. He would walk out of his house Delaware credit for being one of the as- ought to be able to understand that and go to a telephone and use that tute leaders in criminal law. We agree this is a complicated issue. It is impor- phone. The next time he would use one on a lot more than we disagree on. tant to get the bill right. Again, ter- two streets down from his home, and Frankly, where we disagree—and there rorism is not a trivial matter. It is then four streets, and across the street, are acceptable and good arguments on vital, as vital as it is complicated. And and in the drug store across the street. both sides. I appreciate the way he is we have to give law enforcement the So they got an order for a multipoint approaching this. I want to read the tools it needs, even while we maintain wiretap. And they were right. They got language. But I personally feel pretty protecting our constitutional rights. the order through a judge. strongly that this amendment ought to Now, look, just to give an example, Under the current law the Govern- be supported by both sides. I did not we are going to have an amendment ment can get a multipoint wiretap mean to take so much of the time. here shortly that is another wiretap order only if it can show that the de- Mr. BIDEN. That is fine. Mr. Presi- amendment. I will give this as just one fendant is intending to thwart surveil- dent, I am delighted for the interven- example. That wiretap amendment, if lance, usually by switching from phone tion. As I said at the outset of my dis- it passes, will allow the Attorney Gen- to phone. The amendment the Presi- cussion of this, the chairman was occu- eral, the Federal Government, to be dent wants, and Senator LIEBERMAN pied with the staff for a moment. At able to do roving wiretaps. That is the will propose on his behalf, would allow the time, I said that I was confident he second amendment. That says, if you a multipoint wiretap where the defend- and I could work this out. I am con- go to a judge and say, ‘‘Judge, we have ant’s conduct has the effect of thwart- fident we can work out most of this. probable cause to believe John Doe is ing surveillance regardless of whether The reason I raise this is an illustra- committing or committed a felony or not the Government can prove the tion of the larger point I am making; under the existing title 18 of the United defendant’s intent. Keep in mind they that is, there is no attempt to delay States Code that allows us to ask for a already have a guy they identified as anything here. This provision was not wiretap and we want to tap John Doe’s the subject of a legitimate wiretap in included in the Republican bill. I think phone,’’ if the court concludes there is his own home. And there is probable it is a very important provision. probable cause, then in fact what we do cause to believe this guy is doing some- Mr. HATCH. Will the Senator yield? is we go along and we say: All right, thing bad that exists as a crime under Mr. BIDEN. Yes. the judge says that he will allow a the law that you can get a wiretap for. Mr. HATCH. I do not think there is wiretap. Generally what happens is you Mr. HATCH. Will the Senator yield any attempt on the part of my friend get a wiretap for a specific phone in on that point? and colleague from Delaware to delay. John Doe’s office or John Doe’s home. Mr. BIDEN. I will be happy to. But by his own comments today he in- But lots of times what has happened is Mr. HATCH. Actually, I think the dicated that if we could get right off that John Doe may figure he may be amendment the Senator is talking the habeas problem, we would not have being tapped because he knows he is about is a good amendment. We have the problems, we probably would not doing something wrong. He knows he is some on our side who have some trou- have 68 Democrat amendments. My trying to avoid detection. So he may bles with it, but I probably am going to personal belief is that we have to face walk to the corner phone booth and use support this amendment because, let us that problem one way or the other. the corner phone booth all the time. Or be honest about it, all they are saying The distinguished Senator from Dela- he may go use the phone in his sister’s is they are going to follow the crimi- ware has some well-intentioned amend- home. nal. That is all this amendment means. ments in this area. I have to fight Right now the current authority for The President is right on this, in my against them. But at least he is willing what are known as roving or opinion, in that sense. to face this issue. It is always easier to multipoint wiretaps, or wiretap or- The original amendment written in take controversial matters and not ders—a provision was proposed by the the President’s bill is not as good as deal with them. But in this case, I President, but not included in the Re- this one, as I understand. We have even think we have to do it. It is the only publican substitute, that would allow worked with my colleague on the lan- thing that really will make a dif- this kind of multipoint order, guage on it. I am going to talk to our ference with regard to Oklahoma City. multipoint wiretap to be used. side and see if there is some way we I call my colleague’s attention, be- Multipoint wiretaps allow law enforce- can get them to accept that amend- cause of his comments earlier in the ment officers to obtain a judicial order ment. But there are people who are so day where he said, if we did Federal ha- to intercept the communications of a afraid of the Government right now— beas, that is all that needs to be done particular person, not just for one spe- polls show somewhere around 40 per- here. I call his attention to Robert H. cific phone as with most wiretap or- cent of the people are afraid of their Mason’s letter dated May 24, 1995. He is ders, but on any phone that a person Government. That is pathetic. And district attorney for Oklahoma Coun- may use. part of the reason is because of what ty, the district in which this occurred, A recent prosecution will help illus- happened in Waco, because of what where he points out that if you did just trate how the multipoint wiretaps happened at Ruby Ridge, and a whole Federal habeas, it would not solve the work. In this particular case involving variety of other reasons, because the problem because there were people who one of the world’s biggest international Federal Government has been too in- were not Federal workers, who were drug traffickers, agents determined trusive in all of our lives. not in the building at the time, who that a courier was contacting his But I think the distinguished Sen- were also killed and maimed. He in- bosses by using a number of randomly ator from Delaware and I, working to- tends to bring prosecutions in the chosen public phones around his home, gether, might be able to get this done State courts and to have swift justice public phones outside his home. A because I think he makes a tremendous in those cases also, which would re- multipoint wiretap was obtained and point. So did the President. With what quire full habeas corpus reform like we up to 25 phones were identified to pre- the President wants to do, the problem have. pare for the chance that the target was the roving ban semantically had I respect my colleague. He knows would use one of these phones. Any implications that frightened people that. We have been together on too time he used one of those phones the even more. But all the distinguished many occasions. We have fought bat- agents were able to initiate a wiretap. Senator from Delaware, as I under- tles together, and we have fought them Interceptions obtained in this way led stand it, is trying to do for and on be- against each other. There are very few

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7676 CONGRESSIONAL RECORD — SENATE June 5, 1995 people who understand these criminal crats and Republicans on these issues, The reason I even mentioned it now is law ramifications as well as my friend you would assume that everyone who to explain what I think has been al- from Delaware. But I would really urge joined a militia—by the way, we should ready demonstrated by the short col- him to help us on this habeas corpus not use that phrase. They are not mili- loquy we have had thus far that Sen- reform because I really believe it is tia. There is no militia under the Con- ator DOLE is wrong. This has nothing something that has to be faced, it is stitution. But anyone who joins these to do with the intent to delay. something we need to do, and I think groups who organize themselves and The introduction of habeas com- we can do it the way it is written in a call themselves militia, on the one plicated—did not delay—complicated way that protects the civil liberties hand you have everybody making them action on this bill. Deletion of more in- patriots; on the other hand, all a bunch and rights of those who are accused. trusive authority on the part of the of thugs, depending on who speaks to I apologize for again interrupting and FBI complicated what already was a it. The same with the NRA—the NRA taking time. difficult debate requiring additional puts out an ill-advised letter, and all of Mr. BIDEN. Not at all. Mr. President, amendments. Additions of some legis- sudden everyone in the NRA is a I welcome—not interruptions—I wel- lation I support, and some I do not rel- come this colloquy and conversation. I ‘‘thug’’, a ‘‘bum.’’ The vast majority of NRA members in my State, the over- ative to firearms complicated consider- know that there is an understanding ation of this core legislation. that there will be no votes until 5 whelming number of NRA members are o’clock. So the likelihood of anybody honest, decent citizens. They join the That is the only broad point I wish to other than the most stalwart of the NRA because that is the outfit that make. That does not add up to delay. Members of the Senate—I see the dis- taught them how to use a gun when That adds up to an additional con- tinguished Senator from West Virginia they were a Boy Scout, how to fire sumption of time out of necessity. It is and the distinguished Senator from their first rifle, took them to the firing necessary to use more time to resolve North Carolina here—other than a few, range. those complicated problems. there are going to be a lot of folks I am going to oppose the amendment I daresay that if, in fact, my Repub- making their way back from the west of Senator LAUTENBERG. I support the lican colleagues thought that any one coast and the Midwest on airplanes. So use of that $25 million in funds allow- of these gun amendments was likely to the likelihood of anything happening of ing ammunition to be made available pass, there would be, as there was in consequence between now and the time to teach people how to learn to use the past, extended debate. Just like I that it was announced there would be a weapons. That is a healthy thing. That worried and thought—but is not going vote is de minimis. So I welcome the is not a bad thing. Half of the people to happen now—that, if they raised ha- who join the NRA in my State join for discussion. beas corpus, there would be extended Let me just again, not by way of ar- the insurance that is offered by the debate. Neither is going to happen. I gumentation but illustration of the NRA. The NRA, the members of the presume the reason it is not going to confusion surrounding the legislation— NRA, are good, God-fearing people; happen is because they have the votes. understandable confusion. Even if the some of them probably good atheists; It always makes things go quicker they are good everything. The fact Republican bill had not been intro- when you have the votes. I remember they join the NRA is not because it is duced, had the President’s bill been in- the good old days when we used to have a bad organization. troduced and nothing else, there would But what is going to happen here be- the votes. We do not have the votes be confusion surrounding it. I do not fore this debate is over is we start talk- anymore, my team. So we understand mean this in a pejorative way. ing about guns. They are either all the likely outcome on most of this. The letter from the district attorney, going to be superpatriots or they are But this is not an attempt to delay. as I understand it, from Oklahoma all going to be a bunch of thugs. I That is the only point I wish to make County, the county in which Oklahoma think that is a useless debate to have again to my distinguished friend, the City is—I have not read it yet, but the now when what the President says he Republican leader from Kansas, who on fact of his rationale of why they need needs, we all know he needs, is he the Sunday talk show—I think it was full habeas corpus, to have State ha- needs more agents. He needs more Meet the Press, I am not certain which beas corpus included, is because there money. He needs more authority. one it was—and today directly stated were non-Federal workers killed—un- So to finish the point—and I will be that this was a Democratic effort to derstandably, he misunderstands the happy to yield—before I finish my delay. bill. It does not matter who is killed in statement, my reluctance about get- The other side of this is that I am the building. It is a Federal crime. ting into a debate on habeas corpus is That is what we are establishing. It is going to have, as we say, ‘‘clean hands’’ that we who have been around here in this matter. The administration is a Federal crime. A foreign national even a year all know that is what we could be killed in the building, anyone, putting pressure on the Republican refer to in the jargon as a ‘‘hot-button leader asking, ‘‘Why did you not get under current law, killed in a Federal issue.’’ Once you mention habeas cor- building that is blown up, it is a Fed- my bill?’’ Why did you not get it done? pus, you bring out everything, left and Why do we not have this done? I think eral crime. It is also a State crime as right and center. It engages almost a well. It can be a State crime as well. part of that also is done for political religious debate. It takes on propor- reasons. But it is a Federal crime. tions like striker replacement. I mean So the point raised by the distin- it brings out everyone’s deeply-held And so I just hope that we in this guished—again, I am not criticizing the feelings. body, once folks fly back into town district attorney or the prosecutor in I predicted as soon as habeas corpus here and we start debating on the that county. I doubt whether he has was put on this bill that there would be amendments, can agree where we can had a chance to review the existing 1, 2, 5, 10 amendments on guns. I sus- agree, as the Senator from Utah and I Federal law. But at any rate, the larger pect my friends would acknowledge at least think we can agree on the so- point here is this: I am ready, willing, that, if the Democrats had decided to called multipoint wiretapping that the anxious and, hopefully will be able to introduce a terrorism bill that was President wants made available to him, demonstrate, ‘‘able’’ to debate this ha- loaded up with gun amendments, they or made available to Federal agencies, beas corpus issue. The reason why I did would say, ‘‘Wait a minute. What are and I hope we can even go back and re- not want habeas corpus introduced into you doing that for? You are just trying visit the, I think, ill-advised vote de- this issue is because I did not want to to delay action on this thing. Are you feating the Lieberman amendment on also get into a debate on guns in this just trying to raise everyone’s hackles? wiretapping because I think once peo- issue. I did not want to debate militia Are you just trying to get into sort of ple took a closer look at it and took off and NRA and ACLU and all of these a debate that has nothing to do with our sort of political blinders here, they things. the added responsibility and authority would see what was being asked for had Look, I am fearful that, although that the President wants and has?’’ nothing to do with anything other than things have calmed down a little bit, if That is the only point I am making what we now allow under our law and you listen to the rhetoric from Demo- about habeas corpus. But it is done. have to deal with the Mafia. Why

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7677 should the terrorist organizations have who have been victimized thus far by a thority to deal with terrorists in this any more protection than the Mafia? I foreign and a domestic terrorist act to country, then I am not sure on what we do not understand that. And I do not act with dispatch, in a slightly dis- are likely to agree. think, in fairness to those who voted passionate way, to come up with hard- So I look forward to a reasoned, a se- against it, they fully understood what nosed, serious efforts to enable the rious, and hopefully an unemotional the amendment meant. Federal Government to legitimately debate on these issues, and a resolution Again, terrorism is no trivial matter. fulfill its primary role of protecting in the near term so that we can send to If it takes a week, then it is time well the American people under these cir- the President of the United States, spent, in my view, to arrive at a seri- cumstances from these kinds of ac- after a conference with the House, a ous, significant piece of legislation tions. So I will try my best to follow piece of legislation that is worthy of that gives additional tools to the Gov- my own advice as this debate goes for- his signature. ernment without infringing upon any ward and suggest that to vilify any or- I thank the Senate for listening, and of the civil liberties of the American ganization, right or left, to vilify indi- I see that Senator EXON and others are people and diminishes the prospects viduals will not get us very far. What in the Chamber. I would be happy to that domestic or foreign terrorists will we should be doing is vindicating, vin- yield the floor for the time being. be able to succeed in repeating what dicating those who have already suf- Mr. EXON addressed the Chair. was done at the World Trade Center fered greatly in an attempt to make The PRESIDING OFFICER (Mr. and what was done in Oklahoma City. sure that we do not have to stand on BROWN). The Senator from Nebraska is So I do not consider this a waste of the floor of the Senate again and deal recognized. time. The telecommunications bill is with a similar circumstance. Mr. EXON. Mr. President, I congratu- an important bill, but I imagine, if you The President has basically asked for late the managers of this bill, the Sen- said to the American people, we can do two things. The first thing he said was ator from Delaware and the Senator one of two things for you: We can pass give me more people. Give me more from Utah, both very good friends of a bill that will enhance and make bet- FBI agents. Give me more people to do mine. I have the utmost faith and con- ter the way in which the telecommuni- this job. We should do that. We should fidence in their abilities. I recognize cations industry functions in America do that, A, because he is right and, B, they do not always agree. But I believe and we can do that right away, or we because even those who might want to that under the leadership of these two can pass a bill that significantly point out that the last President and individuals, who have been foremost in strengthens the United States ability this President cut people for a while, the Judiciary Committee for a long, to deal with terrorists and to prevent they did not add as rapidly as they long time, we certainly should be able terrorist acts, which do you want? My should have—well, for whatever the to come up with some workable ar- guess is they would pick—I do not reason, let us not argue about that. He rangement to dispose of the terrorist know what they would pick. I would wants more people. We should give him bill which the President sent us. pick doing something about terrorism. more people—him and whomever fol- As I brought out when we last met So in my view, even if it takes the re- low-on Presidents will be. here 10 days ago, when the majority mainder of the week to work our way Second, he said I need some addi- leader and the minority leader were de- through these amendments—and I pre- tional authority. The authority I bating the fact of how fast we could dict it will not, but even if it did, it would like to have as the chief law en- move this bill ahead—we were going to would not be wrong nor unreasonable. forcement officer for the United States take it up today, and the majority The goal here is we must get the best of America, as the Chief Executive to leader said he wanted to complete work possible bill that we can. We owe no give to the law enforcement agencies on it on Tuesday—for the life of me, I less to the American people. We owe no in this country the ability to do some do not know why Tuesday is such a less to the people in Oklahoma City. things other nations have done with magical date. I simply say there were We owe no less to ourselves. We owe great success, that have diminished the supposedly some 50 or 60 amendments more, much more, to the memory of ability to make these god-awful bombs, that were going to be offered, or pro- those who have lost their lives at the give the authority to tag the elements posed to be offered by Members on both hands of a madman or mad men and of these explosives so that when they sides of the aisle. We also remember women in the unthinkable moment of blow up, you can identify from whence that in the last week we met here, we insanity that we witnessed now well they came, where they were purchased had some 55 or 60 amendments to the over a month ago. and, hopefully, who purchased them to budget bill. We finally got down to And so I look forward, once we have solve the crime. They are called work and completed our deliberations a quorum assembled here in Wash- taggants. We will debate that. There and had our votes in a matter of, I be- ington—and again, I am not being crit- are legitimate reasons to debate it. But lieve, 3 days. ical of anyone who is not here now. If I think it is a legitimate request on the As important as I think the budget you represent the State of Utah or the part of the President. debate was, as important as I think the State of California or the State of The President also says I need some ever-increasing deficit is, as alarmed as Washington and you went home over additional authority to deal with this I am about the ever-increasing na- the recess, it is difficult to get back new emerging problem of terrorism on tional debt and the cost to the tax- here early in the day and still meet American soil, and it is authority that payers for the interest on that national your commitments without leaving a I want expanded for wiretapping in cer- debt, I do not believe there is anything day earlier. tain circumstances under which they more important to the people of United And so I am confident we can move are expanded. I think he should be States of America today than ter- with some dispatch once we get under- given that authority, or at least we rorism. way. I just plead with my colleagues on should debate it and make that deci- Terrorism is not like the balanced both sides of the aisle and on both sides sion as a body. budget that I hoped we could get to a of the various issues that will be raised I think we should focus on the ex- few years ago down the road. It is with here that we should not make the same panded authority he says he needs, and us today. It was demonstrated in Okla- mistake the authors of the NRA letter we should focus on the expanded re- homa City very vividly most recently. made. They figured out they made a sources he is requesting, and do our job I would simply like to ask my col- mistake and they retracted what they for the American people and do it, as I leagues, if I could get their attention, said. We are going to have a tendency, said, hopefully—hopefully—by dem- to explain to this Senator why is it as this debate heats up, to say some onstrating to them that we can do that we cannot make some kind of a fairly outrageous things, some of which something of consequence that is not good-faith effort by the two leaders of may even be true. But I do not think rooted in political motivation, some- the Judiciary Committee, supported by this is the circumstance under which thing of consequence on which we can the majority leader and the minority we should do it. agree. And, my Lord, if we cannot leader, to come to some kind of an un- I say to the Presiding Officer, I really agree as a body, Democrats and Repub- derstanding about how many amend- do believe that we owe it to the people licans, that we should give more au- ments we are going to have, and about

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7678 CONGRESSIONAL RECORD — SENATE June 5, 1995 how long that is going to take. I would amendments that I understand are to that are very strong for this habeas think that if we would try to stay away be offered. corpus provision of the bill. The Demo- from the filibuster and eventually I hope that we will not do what the cratic attorney general of the State of limit debate to 15 minutes a side for majority leader had indicated over the Oklahoma is one of our strongest sup- most of these amendments, clearly weekend—that he would pull the bill porters. He has called for habeas corpus that would give us an opportunity, in down on Tuesday—tomorrow—unless reform in the form this bill has it. The this Senator’s opinion, to come forth we complete action. I feel, though, that Democratic district attorney of Okla- and let the Senate express its will by the majority leader is not irresponsible homa, Robert H. Macy, has called for majority vote on this tremendously in asking for some time agreements, habeas corpus reform. Add to this a bi- important amendment that has to do some way to limit the number of partisan letter from the State attor- with terrorism. And I assure all of my amendments that I think could be con- neys general and the State district at- colleagues—and they know it full structively moved forward, if it is the torneys. well—that terrorism is unfortunately will of the majority of this body. Mr. President, they also have called alive and well in America today. I be- I have posed a question, and I will for habeas corpus reform. You have a lieve that the people of the United await the response of the managers of pretty good idea that this is a bipar- States expect us to stand up and do the bill at their first opportunity. tisan appeal. It is a bipartisan reform. something about it, not in a foot race Mr. President, I yield the floor and I just wish that my distinguished fashion, but in an expedited process of suggest the absence of a quorum. friend from Delaware had been with me some kind, to have everyone have a The PRESIDING OFFICER. The 2 weeks ago when I talked to these sur- chance, as is customary in the Senate, clerk will call the roll. vivors and victims and family mem- to work their will and maybe offer The bill clerk proceeded to call the bers. Just this morning, I have met amendments. roll. those people whose lives have been This Senator has no amendments to Mr. HATCH. Mr. President, I ask shattered by the Oklahoma City bomb- the bill. That cuts us down to 99 other unanimous consent that the order for ing. Interestingly enough, they have Senators that may have amendments. I the quorum call be rescinded. all called for habeas corpus reform in simply say to the managers that this The PRESIDING OFFICER. Without the form that this bill has it. Senator wishes to cooperate with objection, it is so ordered. I think it is important that we con- them, and if they would put out an ap- Mr. HATCH. Mr. President, I have tinue to fight for this aspect of the bill. peal and if the majority leader and mi- listened to my distinguished colleague It is about time. We have argued about nority leader would join in that, I from Delaware and my distinguished it for years. We have a chance of debat- would think that maybe we can focus colleague from Nebraska, and I appre- ing it at this particular time, and we on this important piece of legislation ciate both of their remarks. should do so. I have to say that I was also inter- that the President has set up. We do With all due respect, I have to point ested in Senator BIDEN’s comments not have to approve it exactly like the out to my distinguished friend from that these are Federal crimes. Well, I President wanted it. We can change it Delaware that most all of the language am not so sure they are with regard to dramatically in any fashion we see fit in this bill was found in the substitute the State citizens who were not Fed- by a majority vote here. and it came from S. 3, introduced the eral employees who were outside of the I simply feel if we can put out this first day of this session and S. 390, in- building at the time. This bill will not appeal, certainly the majority party, troduced several months ago. We have apply retroactively and could not be the Republicans, have demonstrated had several hearings in the full com- applied retroactively. So those mur- that they march basically in lockstep mittee and two in the subcommittee. derers are going to have to be pros- on most of these matters. The Repub- Thus, the language in this bill is well ecuted in State court. If there is no ha- licans, it seems to me, have the major- known. beas corpus reform applying to the ity and have the responsibility to ei- Second, of the 32 Republican amend- State courts, we will continue to live ther vote up or down on any amend- ments, 12 have either been offered or with the long, incessant delays and ap- have gone away. I suspect most of the ments that could be offered from either peals that have gummed up this system others will as well. I fully expect that side. I am simply appealing for some for years. expeditious action on this tremen- many of the remaining Republican If we just enact a law that expands dously important piece of legislation. amendments will also disappear in Federal jurisdiction over only Federal If we have to take until Tuesday, short order, once we move pretty employees, that would not cover those Wednesday, Thursday, Friday, or even quickly here. nonfederal employees who were killed into next week, and if that is nec- What I find troubling, however, is the outside of the building. It could not be essary, I do not think there is anything suggestion that habeas corpus should applied to those cases against the more important right now than this be dropped from the bill. The Presi- Oklahoma killers. To do so would be a bill that is before us. dent—a Democrat, I might add—called clear violation. If we tried to apply I salute the President for addressing for habeas corpus reform in his ‘‘60 Federal law to this, it would be a clear terrorism. A failure of respect for law Minutes’’ interview. His instincts were violation of the constitutional provi- and order is rampant in our society right. He knows this is the time to try sion of the ex post facto laws. That is today. Certainly, the police, the pros- to get habeas corpus reform and that it the way it appears to me. ecutors, the judicial system we depend will make some difference to the vic- This body needs to understand that on to handle these matters for us, need tims and survivors of the Oklahoma habeas corpus reform, both State and strengthening, they need additional City incident. In fact, it is the only Federal, is the only thing we can enact tools. I believe that the bill suggested thing we can do in this bill that will that will directly affect the Oklahoma to us by the President of the United really make any difference to them. case. States goes a long way into helping They have called for this. I might mention, also, that rather these people that need help today with As I wear this ribbon in their honor than exploiting the devastation of the ever-increasing threat of terrorism. symbolizing the four strands—Okla- Oklahoma City, I believe that we are So I simply pose a question for the homa, hope, those who could not be protecting the families of the victims managers of the bill. At their first op- found, and those who are dead—I have from additional unwarranted victim- portunity, I ask them to respond as to to say that I feel very deeply that we ization. whether there have been efforts made need to do this. Comprehensive habeas corpus reform, and are efforts being made now before So in addition to the President, who as I have said before, is the only legis- the vote—as I understand it, there is a has called for habeas corpus reform— lation Congress can pass as part of a vote scheduled for 6 p.m. this evening. but, of course, he has been riddled by terrorism bill that will have a direct I would certainly be willing to remain those on the liberal side of his fence for affect on the Oklahoma City bombing. here until midnight or 2 or 3 o’clock in having called for it, and has thus been It is the one thing Congress can pass to the morning to take up or debate the somewhat muted ever since. I might ensure President Clinton’s promise reason or lack thereof of many of the mention there are other Democrats that swift justice will be kept.

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7679 President Clinton, recognizing this must have, what the Justice Depart- brought before the U.S. Senate over fact during his April 23, 1995, ‘‘60 Min- ment has said it must have, what the the next few weeks and months. He has utes’’ appearance, showed that he un- FBI Director has said he must have; not had the time to devote excessively derstood this. His instincts were right that is, legislation that could really to any particular bill. This is one bill when, in response to a question about give some teeth to law enforcement in that has to pass. We will pass it. I hope whether those responsible would actu- the area of antiterrorist activities. that all Members will cooperate in the ally be executed without the adoption I think we should concentrate on process. of habeas reform, he said: that goal. We should not get involved I hope our Senators will bring their It may not . . . happen but the Congress in extraneous debates. We ought to amendments to the floor and we can has the opportunity this year to reform the pass this bill as quickly and as prompt- move from there. I suggest the absence habeas corpus proceedings, and I hope they ly as we can. If we have to fight it out of a quorum. will do so. over habeas corpus reform, we should The PRESIDING OFFICER. The The claim that habeas corpus reform do it. clerk will call the roll. is tangential or unrelated to fighting I think the distinguished Senator The assistant legislative clerk pro- terrorism is ludicrous. Indeed, habeas from Delaware has 67 amendments on ceeded to call the roll. corpus reform has far more to do with that. Fine, bring them up. We will fight Mr. CRAIG. Mr. President, I ask combating terrorism than many of the them out and see what happens. I can unanimous consent that the order for proposals contained in the administra- live with almost anything if we can get the quorum call be rescinded. The PRESIDING OFFICER. Without tion’s own antiterrorism package, such a bill passed that will really make a objection, it is so ordered. as the proposals to enhancing FBI ac- difference in not only all of our lives, The Senator from Idaho is recog- cess to telephone billing records, and but the people specifically in Okla- nized. to loosen standards for use of wiretaps homa City whose lives have been dev- Mr. CRAIG. Mr. President, I came to in felony cases. astated by what happened there. I the floor this afternoon to stand in Although most capital cases are think passing this bill will be as good a support of the Dole-Hatch substitute to State cases and the State of Oklahoma memorialization for those who have Senate bill 735 that deals with nec- could still prosecute this case, our ha- died as anything we in the U.S. Con- essary and appropriate redefining of beas reform proposal would apply to gress can do. our laws in relation to terrorist activi- Federal death penalty cases as well. It I cannot imagine why any Member ties or terrorist type activities in this would directly affect the Government’s would fight this bill when we have country. But in coming to the floor prosecution of the Oklahoma bombing worked our guts out to work with our this afternoon to speak, I also wanted case. President, to work with the Justice De- to speak very briefly on the amend- Indeed, several people were killed partment, the FBI, and others. And ment that is pending and will be voted just outside the Oklahoma Federal this will beef up law enforcement as it on this afternoon offered by the Sen- building. The terrorists who destroyed should be beefed up, not only from the ator from California on the issue of the Federal building could thus be law enforceability standpoint, but from taggants. tried in State court for the murder of a law enforcement personnel stand- The legislation before us deals with those citizens. point. It is long overdue. I agree with taggants, and the question is then, if it The district attorney for Oklahoma the distinguished Senator from Dela- does and does so appropriately, why City and Oklahoma County is planning ware. will the Senator from California offer those prosecutions. The progress of In the last 2 years, the FBI and other something that is considerably dif- this bill demonstrates the relationship law enforcement agencies have been ferent? Is it a new idea? Not at all. In of habeas reform to the terrorist bomb- cut back rather than beefed up. Now fact, it is really quite an old idea that ing. the President realizes that we have to the Congress has looked into before No. 1, it would place a 1-year limit change course and beef them up. There over the years to attempt to identify for the filing of a habeas petition on all is about $1.8 billion in this bill that or cause to be identified explosive ma- death row inmates, State and Federal will take care of strengthening our law terial so that when they are inappro- inmates. No. 2, it would limit con- enforcement with regard to priately used or misused they can be demned killers convicted in State and antiterrorist activities and other ac- identified and traced. To my knowl- Federal courts to one habeas corpus pe- tivities that are long overdue, in my edge no one in this country has objec- tition where, under current law, there eyes. tion to that concept. But the word is currently no limit to the number of I have been complaining about this ‘‘concept’’ is what is key in this de- petitions he or she may file. No. 3, it for quite a while. I have to admit, I bate. requires the Federal courts, once a pe- think during the Reagan and Bush It is a concept. And there have been tition is filed, to complete the judicial years, we could have done a better job studies produced that would argue action within a required specified time of beefing up the FBI and other law en- that, while it is well intended, it may period. forcement agencies ourselves. Now is be at least at this point in time sci- Clearly, by passing these provisions, the time to face these issues. I think entifically and technologically impos- we ensure that those responsible for we should do so. sible to get to the point of putting in killing scores of U.S. citizens will be We have a number of stacked amend- explosive materials, that are so de- given the swift penalty that we in soci- ments. The bill is currently open for signed to develop to do certain things, ety exact upon them. any other amendments that any Mem- an identifiable marker that would still Now, one last thing. One reason we ber might file. I hope that our col- cause them to perform as they were brought habeas corpus reform here is leagues will bring their amendments to tested and manufactured to perform. In not just because it is the right thing to the floor and debate them. We still fact, the concern is that it might cause do. It is the right thing to do with re- have 21⁄2 hours before we begin voting. them to perform in an inappropriate gard to keeping off gun amendments. I would like to resolve as many of them way and cause harm to the individual We have asked people on our side to as we can, and stack as many amend- who was using them in a legitimate, not get involved in any gun fights ments as we can for voting. legal, and responsible fashion. today. If there has to be a gun fight, we I am hopeful that we can get col- That is, of course, exactly what the should do it over the crime bill that we leagues to withdraw amendments that Senate bill 735 substitute recognizes will bring up in the future. We should really do not belong on this bill, and to when it proposes that we study this keep this bill clean and decent. I would reduce the number of amendments we issue and try to bring the community caution my colleagues on the other can have so that we can pass this bill of science and technology together to side, we should not try to make this a by tomorrow evening, if we can, or at see whether in fact we can produce an gun issue. least within a relatively short time. identifiable marker, if you will, within There is no reason to get into that I understand the majority leader’s an explosive material that tags it, that debate, when we are trying to pass ba- pressures. There are all kinds of impor- identifies it, and that would allow it to sically what the President has said he tant pieces of legislation that must be be used.

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7680 CONGRESSIONAL RECORD — SENATE June 5, 1995 There was something else said by the that tagging affects not only explosives, but vestigations would have been facilitated by Senator from California this morning, also propellant powders used by the over the inclusion of taggants in explosives mate- that at least frustrated me, which was three million members of the National Rifle rials. According to the New York Times, the her very open and direct statement Association and millions of sportsmen throughout the country. bomb was constructed using urea, nitric that the NRA opposed it, the National Current legislative proposals would affect acid, and sulfuric acid, all chemicals that are Rifle Association. I thought it was im- all powder, whether it be blackpowder used ‘‘inexpensive and widely available at chem- portant that the record be straight, by antique and reproduction firearms enthu- ical companies, laboratory supply stores or that, in fact, the record be factual. siasts, or smokeless powder used in modern even garden centers. They can be bought in The NRA does not oppose this provi- firearms ammunition and by shooters who bulk for less than $210 a ton.’’ (March 11, sion of Senate bill 735. What the NRA, reload their own ammunition. While section 1993) Yet there has been no suggestion by as a responsible representative of a va- 845 (a)(5) of Chapter 40 exempts commercial BATF or any other government agency to riety of people who use gunpowders for sporting grade blackpowder in quantities of place taggants in these products, or more importantly, in prilled ammonium nitrate legitimate reasons, is suggesting is fifty pounds or less, all sporting grade blackpowder would have to be tagged, since for the simple reason that there is no dif- that, if you do not do it right and you blackpowder is manufactured in larger quan- ference between commercial ammonium ni- do it wrong, you could cause damage to tity lots. If propellant powders are going to trate used for blasting and the far greater a lot of innocent people and produce be covered in any legislative mandate that amounts of ammonium nitrate used as a fer- unaffordable costs that do not make a requires taggants be utilized, then this be- tilizer. The fact is that there are no compo- lot of sense. comes more than an explosives control mat- nents of the bomb used in the World Trade Let me read to you on the record tes- ter. It is a matter of concern to all Center bombing that would have been de- timony given before the Judiciary gunowners. tected or identified had this proposal been in Committee in April of 2 years ago on Explosives tagging to register individual force. lots of explosives is an idea that sounds won- One of the most easily made explosive de- this issue. Point one proves that is an derful, but like so many wonderful-sounding vices is the mixing of ammonium nitrate, or old idea whose time may not have ideas, it will not work. From a practical per- fertilizer, with a fuel oil, even though it is come yet because we do not have the spective, explosives taggants simply will currently prohibited by law. The resulting science and technology to allow it to have no significant effect upon terrorist explosive, commonly known as ANFO, would come; and, second, the NRA never did bombers. The only major effect of such a pro- require a high explosive booster charge, and nor does it now have an official posi- posal will be to increase the paperwork re- that booster charge, if obtained commer- tion on the issue. quired by manufacturers and dealers in ex- cially, would be tagged under this concept. Let me quote from that testimony. plosives and propellants; increase the control But, ammonium nitrate may be illegally ‘‘The National Rifle Association does exercised by BATF over their activities; and mixed with a fuel which is itself an explo- not take an official position con- to significantly increase the cost to tax- sive, such as gasoline, or nitromethane, the cerning the licensing, manufacture and payers and consumers. choice among high performance race car The National Rifle Association does not drivers as a ‘‘speed fuel’’, both of which are restrictions placed upon commercial take an official position concerning the li- technically classified as explosives in stand- high explosives, for that is not an area censing, manufacture, and restrictions ard reference books. If ammonium nitrate within our field of interest. However, placed upon commercial high explosives, for and gasoline are combined, the result is a we would be derelict in our responsibil- that is not an area within our field of inter- powerful and easily detonated explosive—an ities to America’s gun owners and as est. However, we would be derelict in our re- explosive that does not require a tagged citizens if we did not point out to this sponsibilities to America’s gun owners and booster charge. In fact, ammonium nitrate committee’’—meaning the Judiciary as citizens if we did not point out to this and gasoline may be easily and reliably deto- Committee of the Senate—‘‘the basic Committee the basic flaws and fallacies of nated by a booster charge consisting of the taggants technology. same ammonium nitrate/gasoline ingredi- flaws and fallacies of the taggants An important point that must be made to ents inserted in a pipe or similar container technology.’’ the Committee is that tagging explosives is and initiated by nothing more exotic than a ‘‘An important point that must be not a new idea. In fact, the Congress studied conventional firecracker. made to the committee is that tagging and rejected the concepts involving identi- An explosive consists merely of an oxi- explosives is not a new idea. In fact, fication and detection taggants in the latter dizer, which may either be a chemical which the Congress studied and rejected the 1970s and early 1980s. The premise behind during burning produces large amounts of concepts involving identification and that experience has been resurrected in the oxygen, or simply oxygen in the air, com- detection taggants in the latter 1970’s aftermath of the bombing of the World Trade bined with a fuel. As a case in point, a stand- Center—that law enforcement officials could and early 1980’s. The premise behind ard U.S. Army manual lists as a special be assisted in their investigations by tagging charge for use in flattening large buildings that experience has been restricted in explosives. But the facilitation that was to an explosive which every Member of the the aftermath of the bombing’’—this be realized is now available to BATF and Committee has in his home—household flour. was the World Trade Center hearings other law enforcement agencies without the The flour is the fuel; oxygen in the air is the that emanated out of that horrible ex- use of taggants. oxidizer. Even blackpowder can be manufac- plosion—‘‘that law enforcement offi- Identification taggants were first proposed tured with relative ease using common in- cers should be assisted in their inves- as a means of pinpointing exactly what type gredients in any kitchen in the country. Ad- of explosive had been used in a bombing. De- tigation of tagging explosives. But the ditional ‘‘recipes’’ can be found in other tection taggants were intended to provide a widely available pamphlets and brochures. facilitation that was to be realized is means of ‘‘sniffing’’ explosives that may be The reason that it is difficult, if not alto- not available.’’ contained in a package prior to detonation. gether impossible, to control terrorist bomb- In other words, the technology, the But technology has surpassed those prem- ers by controlling commercial explosives is availability of the science to do what ises. We now possess, and the federal govern- that the terrorist bomber is not limited to might be the right thing to do simply ment now uses, machinery that can detect, the use of commercial explosives. It is cer- does not exist. I ask unanimous con- or ‘‘sniff’’ the nitrates in explosives. Addi- tain that most, if not all, terrorist groups sent that the entirety of that testi- tionally, other technologies allow law en- have the ability to make extremely dam- mony be printed in the RECORD. forcement officials to ‘‘sniff’’ a bomb scene aging explosives, while easily circumventing There being no objection, the mate- and determine what explosives were em- the provisions of any technologically fea- rial was ordered to be printed in the ployed. sible legislation. There is no reason to as- If it be the intent of Congress to place ad- sume that taggants in smokeless and RECORD, as follows: ditional controls upon commercial explo- blackpowder would have any effect in con- TESTIMONY OF THE INSTITUTE FOR LEGISLA- sives, so be it; but Congress should realize trolling terrorist attacks. Information con- TIVE ACTION OF THE NATIONAL RIFLE ASSO- that explosives used in terrorist bombings cerning explosives is readily available—and CIATION are not necessarily commercial explosives. access to that information is impossible to SUBMITTED TO THE JUDICIARY COMMITTEE OF Any objective analysis would have to con- control. THE U.S. SENATE, APRIL 22, 1993 clude, as they have in the past, that terrorist There are five basic problems confronting The Institute for Legislative Action of the bombings are quite unlikely to be signifi- the terrorist bomber: he needs (1) a material National Rifle Association (NRA) would like cantly affected by any proposed new require- which is easy to acquire, (2) safe to prepare, to thank the Senate Judiciary Committee ments of this nature. Let us examine the (3) not easily detectable in case of search by for the opportunity to submit testimony re- facts surrounding the incident that served as police, (4) capable of being detonated after he garding the issue of explosives tagging. an impetus for these hearings, the bombing is well clear of the area, and (5) capable of It may surprise the Committee to see the of the World Trade Center in New York City, highly explosive effect. One type of bomb NRA testify on what many consider purely and what is perhaps the greatest fallacy be- which easily meets these criteria consists of an explosives matter. The fact is, however, hind proposal of explosives tagging—that in- nothing but a container of butane, such as

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7681 used to fuel home workshop torches, gas tagging might be of some benefit to the in- apprehend and punish those who use explo- lights and similar devices, or even a small vestigators. sives in an illegal fashion. It is assumed that container used for filling butane cigarette The FY 1991 arrest figures for explosives this threat of punishment will serve as an ef- lighters, and an ordinary candle. incidents as provided by BATF is 177, and the fective deterrent, thereby decreasing the A bomber can, with relatively complete number of actual and attempted explosives number of bombings. Yet, in view of the impunity, carry those ingredients almost incentives was 1,965, giving an arrest rate of flimsy evidence presented by the supporters anywhere. And upon obtaining egress to his 9%. A 1978 BATF cost/benefit analysis of the tagging program in the past, Congress chosen target site, he can enter an interior projects a 1.5 fold increase in arrests if tag- is considering an unknown quantity, which restroom or storeroom and quickly produce a ging is mandated, then arrest rates would go will have a questionable impact on bombings time bomb by lighting the candle in one cor- to 13.5%—a 4.5% increase. Out of the 589 and an undetermined ballistic effect on pro- ner of the room, then venting the butane black and smokeless powder devices recorded pellant powders, not to mention the suspect bottle in another corner. The gas-air ratio is in 1991, current arrests must total 53 cases. safety of taggants on handlers and end users. so broad, that an explosion is certain to re- Tagging would, according to BATF projec- In fact, the only thing that seems sure about sult when the gas reaches the candle’s flame. tions, increase this to 80 total arrests. This this program is that if black and smokeless If such a bomb were placed in a central room is an increase of only 27 cases a year. powder are tagged, it will impose a mam- without windows, thereby confining the ex- The same study estimated that the then moth recordkeeping burden on small busi- plosive force, a large building could be de- annual taxpayer cost of identification tag- nessmen and drive up the cost of supplies for stroyed. In effect, this type of gas bomb du- ging at $10 million dollars, and detection sportsmen. As usual, the terrorist will plicates the horrendous damage caused by an tagging at $9.4 million dollars. Using Bureau blithely ignore the law and the criminal cir- explosion of leaking natural gas, with which of Labor Statistics calculations of the Con- cumvent it—for they are, by definition, peo- all of us are familiar. sumer Price Index to account for inflation, ple who disobey the law. The law-abiding cit- Certainly, a bomb of sorts may be fash- the same estimates today would be $22.65 izen will once again be the only one affected ioned using either smokeless or blackpowder million and $21.29 million respectively. Using by the implementation of this concept. That propellant. However, to make an effective these figures, taxpayers would pay $43.94 mil- is why the National Rifle Association oppose bomb with these substances is far more dif- lion dollars just to arrest 27 more persons. the concept of tagging, specifically propel- ficult and requires a more sophisticated With a projected $22.65 million dollar annual lant powders, and urges the Committee to re- knowledge of the intricacies of explosive me- cost, again from the fifteen year old esti- ject this concept as ill-conceived. The bene- chanics. Anyone possessing such knowledge mations and accounting for inflation, to be fits of doing otherwise are dubious at best, could, with equal ease, make a cheaper, far absorbed by ammunition and powder con- but the costs, in dollars and to the small more efficient, bomb from a myriad of other sumers, the estimated total cost of the pro- businessman handler are all too real. substances. gram would be some $66.59 million. For that We thank you for the opportunity to sub- According to the BATF, black and smoke- additional taxpayer and consumer burden, mit testimony to this Committee. less powders each comprised 16 percent of the projected 27 additional arrests would criminal bombings in 1991. More than fifteen cost an average of $2.5 million dollars each. Mr. CRAIG. Mr. President, so why years ago, in BATF’s own testimony before In fact, BATF’s own cost/benefit analysis in- the amendment? Why not stay with the the Subcommittee on Criminal Laws and dicated that this program cannot be justi- substitute bill? If this Congress wants Procedures of this Committee on September fied. BATF stated in the 1970s, with reference to get the industry that manufactures 12, 1977, Mr. Atley Peterson stated, ‘‘because to the detection tagging program, ‘‘at explosives to a point in science and they (black and smokeless powders) produce present it is impossible to estimate the effec- technology where we could identify the a low-order explosion, loss of life, injuries tiveness of tagged or untagged detection explosive itself, why not pursue it in and property damage are small.’’ with any degree of accuracy. Within this Using BATF’s statistics, it seems apparent large uncertainty, both tagged and untagged the way that Senate bill 735 suggested? that black and smokeless powder are not a detection appear to be, at best, of borderline Or is there another reason to pursue it major part of the bombing problem. And, economic viability.’’ in a way that the Senator from Cali- looking again to the issue of the relative The BATF-commissioned study succinctly fornia has pursued it; that is, do it now ease and rudimentary knowledge required to stated that, ‘‘Ideally, the problem of control and study it later? That is a bit of a make ‘‘kitchen counter’’ blackpowder, it is would be greatly simplified if every ounce of strange way to approach something unlikely that all incidents involve commer- explosive, legally manufactured and legally that, if done wrong or if caused by Gov- cially manufactured sporting grade used, could be completely accounted for.’’ ernment and forced to be done without blackpowder. Undoubtedly, many But, the study’s determination in favor of blackpowder incidents could be traced to identification tagging is based upon mere the proper basis of understanding to be homemade powder or non-sporting grade hypothesis, nothing more. Quite simply, done wrong, could create the kind of powder such as fireworks or blasting powder, BATF does not know if taggants would be ef- damage that could occur if this were or even kitchen matches, when simply cut- fective in apprehending or deterring bomb- the case. ting off the heads. Interestingly enough, ers. So let us today vote to table the much blasting grade blackpowder is manu- Even ignoring the concerns now before this amendment of the Senator from Cali- factured for military use. Military explosives Committee—the illegal manufacture and use fornia and stay with the substitute bill were in the past exempt from legislative of explosives—the sheer burden of tracing measures, although there are frequent re- every ounce of legal explosives to the pur- which does recognize the importance of ports of military explosive thefts. chaser, and the minutely detailed records developing the science and technology An important aspect of this concept is its which would have to be kept by the manufac- for taggants. I support that. And I hope feasibility. According to the report turers, distributors, wholesalers and retail- we can get there. ‘‘Taggants in Explosives’’ (OTA–ISC–116), ers is staggering. If propellant powders are But the record now shows that the produced as a result of the Congressional in- tagged, this will drastically increase, and in National Rifle Association does not op- terest in taggants in the latter 1970s, no reli- many cases duplicate, the paperwork and pose taggants, and it never has. It most able method for tagging smokeless powder records already being kept by federal fire- assuredly supports the science and the has been developed, and blackpowder tagging arms licensees. And how are we to trace ex- has only been tested with regard to its ef- plosives beyond the first non-dealer pur- technology that could lead us to that. fects on the grade of blackpowder used for chase? What it is officially on the record as blasting. There is no documented evidence In the past, BATF has stated that ammuni- opposing is the amendment of the Sen- that a single round of tagged powder has tion recordkeeping was a waste of resources, ator from California because it simply been fired from a muzzle-loading firearm. A as ammunition tracing has never solved a believes it is too premature. It might problem with the compatibility of smokeless crime—the volume of records is just too well be risky to the science and the powder and taggants was also identified, large. If propellant powders are tagged, every technology involved. calling into question the safety of taggants packaged quantity, no matter how small, for the thousands of handloaders using pow- whether one can of black or smokeless pow- This Senate I think in a responsible way wants to do it right. The right way der in 1⁄2, 1 or 2 lb. cans and the millions of der, or one box of ammunition, would have people owning modern ammunition for their to be referenced to manufacturer and lot is the Senate bill that has been appro- firearms. number. But this recordkeeping would sim- priately heard with the appropriate An estimated five million pounds of ply do no good at all. One numbered lot of technology, or the record for tech- smokeless and blackpowder propellants are powder can yield several thousand individual nology built into it. sold to shooters each year, representing per- cans of powder and literally thousands of With that in mind, I hope as we vote haps six million individual cans of powder. boxes of ammunition. Even with detailed this afternoon on the tabling motion Giving BATF every conceivable benefit of records, tracing the end user would be like that we would support the committee the doubt, we are talking about a negligible looking for the proverbial ‘‘needle in a hay- amount of legally manufactured and ob- stack.’’ and the chairman, and the text of Sen- tained smokeless and blackpowder being in- Obviously, what the Congress and the ate bill 735. volved in an ‘‘explosives incident’’ in which American people really want is a means to I yield the remainder of my time.

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7682 CONGRESSIONAL RECORD — SENATE June 5, 1995 Mr. President, I suggest the absence have a copy of that so I can take a I do not seek that now, but I would of a quorum. quick look at it? like that so the Senator from Colorado The PRESIDING OFFICER. The Mr. BROWN. I do. I would be glad does not think I have put this off for a clerk will call the roll. to—— couple hours. The assistant legislative clerk pro- Mr. BIDEN. I would like to suggest The PRESIDING OFFICER. The Sen- ceeded to call the roll. maybe we could have a short quorum ator from California. (Mr. CRAIG assumed the chair.) call. I do not want to object. I do not Mrs. FEINSTEIN. Mr. President, I Mr. BROWN. Mr. President, I ask think I will object, but if the Senator am happy to, or I am happy to wait. I unanimous consent that the order for would allow—— am trying to use the time usefully. the quorum call be rescinded. Mr. BROWN. Mr. President, I will Mr. BIDEN. I would encourage the The PRESIDING OFFICER. Without withhold my unanimous consent re- Senator to proceed. I would ask her objection, it is so ordered. quest until the distinguished Senator permission, when we work this out, AMENDMENT NO. 1207 TO AMENDMENT NO. 1199 from Delaware has had an opportunity whether I could interrupt her at that Mr. BROWN. Mr. President, earlier to review the amendment, and I would point. today, the distinguished Senator from at this point note the absence of a Mrs. FEINSTEIN. Absolutely. I Utah was kind enough to propose for quorum. would be delighted. I thank the Sen- me an amendment to the bill. That The PRESIDING OFFICER. The ab- ator. particular amendment was designed to sence of a quorum having been sug- Mr. BIDEN. I thank the Chair and I extend the sanctions that we now have gested, the clerk will call the roll. thank the Senator. Mrs. FEINSTEIN. Mr. President, I in place against Iran to all countries The legislative clerk proceeded to rise today to offer an amendment to designated as terrorist countries by call the roll. address what I believe is a rather sur- our Secretary of State. Mrs. FEINSTEIN. Mr. President, I Let me add that it is not my inten- ask unanimous consent that the order prising problem in our society, and tion with this legislation to restrict for the quorum call be rescinded. that is the distribution of bombmaking the President or the Secretary of The PRESIDING OFFICER. Without information for criminal purposes. This State. And included in the amendment objection, it is so ordered. amendment is simple, and I think this cartoon in USA Today really describes is a very extensive waiver provision so AMENDMENT NO. 1209 TO AMENDMENT NO. 1199 that while we would have on our books (Purpose: To prohibit the distribution of in- what the situation is. Here is a youngster sitting in front of a provision for adding these sanctions formation on the making of explosive ma- his computer learning how to put to- against other countries that have been terials with intent or knowledge that such gether a bomb. Here is the mother on designated as terrorist countries, it information will be used for a criminal purpose) the phone saying, ‘‘History, astronomy, would not necessarily require the im- Mrs. FEINSTEIN. Mr. President, I science, Bobby is learning so much on plementation of these sanctions, but it would like to send an amendment to the internet.’’ would require the waiver of them in the desk. This amendment would prohibit the the event a terrorist country is so des- The PRESIDING OFFICER. The teaching of how to make a bomb if a ignated. That waiver is quite broad and clerk will report. person intends or knows that the bomb gives the President a great deal of dis- The legislative clerk read as follows: will be used for a criminal purpose. Ad- cretion. The President, if he so deter- The Senator from California [Mrs. FEIN- ditionally, the amendment would pro- mines for national security interests or STEIN] proposes an amendment numbered hibit the distribution of information on even humanitarian reasons, may waive 1209 to amendment No. 1199: how to put together a bomb if a person the action. But what it does do, Mr. At the appropriate place in the amend- intends or knows that the bomb will be President, it gives some consistency to ment, insert the following section: used for a criminal purpose. our action. It puts countries that SEC. ———. PROHIBITION ON DISTRIBUTION OF The penalty for violation of this law would contemplate using state ter- INFORMATION RELATING TO EXPLO- SIVE MATERIALS FOR A CRIMINAL would be a maximum of 20 years in rorism on notice that this country is PURPOSE. prison, a fine of $250,000, or both. serious, that there are sanctions, that (a) Section 842 of title 18, United States Now, you might ask, how is that pos- those sanctions are broad and signifi- Code, is amended by adding at the end the sible? How would anybody do this? I cant, as in the sanctions the President following new section: think the next chart I will put up will has applied against Iran. ‘‘(1) It shall be unlawful for any person to show clearly how it is possible and It also will put them on notice that teach or demonstrate the making of explo- sive materials, or to distribute by any means what people today are doing. while these sanctions come with being Let me show you this. This is from designated a terrorist country, it is information pertaining to, in whole or in part, the manufacture of explosive mate- the internet, entitled ‘‘Stuff You Are possible, if they work with our Presi- rials, if the person intends, or knows that Not Supposed to Know About.’’ It ad- dent and with the Secretary of State, such explosive materials or information will vertises the Terrorist Handbook. It they can work their way out of it. likely be used for, or in furtherance of, an says, Mr. President, I think this is an im- activity that constitutes a Federal criminal Whether you are planning to blow up the portant amendment because what it offense or a criminal purpose affecting inter- World Trade Center, or merely explode a few says is we are going to be consistent. If state commerce.’’ small devices on the White House lawn, the a country chooses to adopt these kinds (b) Section 844 of title 18, United States Terrorist Handbook is an invaluable guide to of terrorist policies, we ought to at Code, is amended by designating section (a) having a good time. Where else can you get as subsection (a)(1) and by adding the fol- such wonderful ideas about how to use up all least make sure that when we des- lowing new subsection: ignate a nation as a terrorist country that extra ammonium triiodide left over ‘‘(a)(2) Any person who violates subsection from last year’s revolution? there are some sanctions involved. (1) of section 842 of this chapter shall be The final version of the amendment fined under this title or imprisoned not more Well, that is just part of it. What differs slightly from the provision that than twenty years, or both.’’ that then leads to is a whole series of was introduced earlier today. The Mr. BIDEN. Will the Senator yield recipes on how to put together a bomb waiver provision, to be specific, is dif- for 30 seconds? aimed at killing, injuring, or destroy- ferent in the final version of the Mrs. FEINSTEIN. Yes. ing property. The handbook goes on to amendment. It simply makes clear Mr. BIDEN. Mr. President, I had give a step-by-step instruction on what that there are very wide discretions on asked that a quorum call be put into to do. Let me quote from a section on the part of the President. And I would effect to determine whether or not I acquiring chemicals: ask unanimous consent that the final could agree with the unanimous con- The best place to steal chemicals is a col- version of the Brown amendment be en- sent request by the Senator from Colo- lege. Many State schools have all of their rado. I would just ask the Senator from chemicals out on the shelves in the labs and tered into the RECORD at this point and more in their chemical stockrooms. Evening substituted for the original amend- California, when we conclude that, if I is the best time to enter a lab building, as ment. would be able to interrupt her to allow there are the least number of people in the Mr. BIDEN. Mr. President, reserving the Senator from Colorado to amend building. Of course, if none of these methods the right to object, does the Senator his amendment. are successful, there is always section 2.11.

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7683 And it then tells how to pick a lock want to protect the freedom of speech destroy cars, how to destroy trains— to get into the chem lab. It tells how to for criminal purposes. Clearly, these whatever type of destruction you want dress to look like a student. It tells bombs are there for one reason and one to do, these books will tell you how to where the shelves are that the chemi- reason only and that is a criminal pur- do it. cals are on. The handbook lists various pose. The purpose of this amendment is to explosive recipes, using black powders, Let me give you another example say that if you know or intend this will nitroglycerin, dynamite, TNT, and am- that came through on April 23 of this be used in a criminal way, you have monium nitrate. It provides explicit in- year on the internet. committed a Federal criminal offense structions for making pipe bombs, Are you interested in receiving informa- by putting out this information. book bombs, light bulb bombs, glass tion detailing the components and materials Other examples include the fol- container bombs and phone bombs, just needed to construct a bomb identical to the lowing: to name a few. one used in Oklahoma? The information spe- One of the 1993 World Trade Center Now, I have heard people say, oh, but cifically details the construction, deploy- bombers was arrested with manuals in ment and detonation of high-powered explo- hand. the Encyclopedia Britannica has eight sives. It also includes complete details of the pages on explosives, and nobody criti- In 1989, four Bethesda teenage boys bomb used in Oklahoma City, how it was were killed when a homemade pipe cizes that. Well, I have read the eight used and it could have been better. bomb subsequently went off. They were pages on explosives, and it does not say Another examples comes from April following instructions from another how to make a toilet paper roll booby 25 on the internet. I will quote it: manual. trap. What legitimate purpose is there I want to make bombs and kill evil Zionist In 1987, a California teenager blew for a toilet paper roll booby trap other people in the Government. Teach me, give himself up with homemade bombs. The than to kill somebody? You do not me test files. Feed my wisdom, O Great One. ‘‘Improvised Munitions Black Book’’ blast out the stump of a tree. You do That was April 25 on the internet. was found nearby. not need it for mining. You need it for The forward to the book ‘‘Death by Enough is enough. Common sense no civilian or military purpose other Deception: Advanced Improvised Booby should tell us that the first amendment than to kill. Or a vacuum cleaner Traps’’ states: does not give someone the right to booby trap. Again, no civilian or mili- Terrorists, IEDs [improvised explosive de- teach others how to kill people. The tary purpose, no blasting out of tree vices] come in many shapes and forms, but right to free speech in the first amend- trunks, no mining use. A traffic cone these bombs, mines, and booby traps all have ment is not absolute, and there are sev- booby trap. A video alarm booby trap. one thing in common: they will cripple or eral well-known exceptions to the first A washing powder box booby trap. How kill you if you happen to be in the wrong amendment which limit free speech. to develop this thing in a bottle or a place at the wrong time. These include obscenity; child por- In this sequel to his best-selling book box of soap powder. nography; clear and present dangers; Light bulb bombs. The Terrorist ‘‘Deathtrap,’’ Jo Jo Gonzales reveals more improvised booby-trap designs. Discover how commercial speech; defamation; speech Handbook describes, ‘‘an automatic re- these death-dealing devices can be con- harmful to children; time, place, and action to walking into a dark room is structed from such outwardly innocuous ob- manner restrictions; incidental restric- to turn on the light. This can be fatal jects as computer modems, hand-held radios, tions; and radio and television broad- if a light bulb bomb has been placed in toilet-paper dispensers, shower heads, talk- casting. the overhead light socket. A light bulb ing teddy bears, and traffic cones. Detailed I do not for 1 minute believe that bomb is surprisingly easy to make. It instructions, schematic diagrams, and typ- anyone writing the Constitution of the also comes with its own initiator, an ical deployment techniques for dozens of United States some 200 years ago want- such contraptions are provided. electric ignition system.’’ And then it ed to see the first amendment used to goes into detailed instructions and dia- Now, none of this is for use in any directly aid one in how to learn to in- grams of how to put one together. constructive civilian or military jure and kill others. I am not going to repeat those on the project. All of them are used for crimi- I believe that the distribution of in- floor of the U.S. Senate. But I can as- nal purposes. formation on bombmaking, if we know sure you that the Terrorist Handbook Other titles of books that teach peo- that information will be used for a provides these step-by-step instruc- ple how to make bombs include: ‘‘The criminal purpose, should be illegal. tions. Guerrilla’s Arsenal: Advanced Tech- At a recent hearing of the Judiciary One of the more appalling descrip- niques for Making Explosives and Committee, I asked FBI Director Louis tions of bombmaking involves a baby Time-Delay Bombs’’; ‘‘The Advanced Freeh if anyone has a first amendment food bomb. The following information Anarchist Arsenal: Recipes for Impro- right to teach someone how to build a was taken from the bulletin board, vised Incendiaries and Explosives.’’ bomb in this country. He replied that computer bulletin board off the inter- Well, there are those who would say it is a very important debate that very net. Baby food bombs. ‘‘These simple, this is just a simple first amendment few people have reviewed. He suggested powerful bombs are not very well exploration. Do not worry about it. that it is a question that should be known, even though all of the material People are just curious. taken up by Congress. That is what we can be easily obtained by anyone, in- Well, let me tell you that on Friday, are doing this very day. cluding minors. These things are so’’— Orange County bomb squad Sgt. Char- My amendment is specifically aimed and then there is a four-letter word— lie Stump told me that a 14-year-old at preventing and punishing the dis- ‘‘powerful, that they can destroy a car. was in his garage making a pipe bomb tribution of material that will be used Here is how they work.’’ with an 11- and 12-year-old watching to commit serious crimes external to Then it tells how they work. It says, him do it. The information to make the distribution itself, and only when Go to the Sports Authority or Herman’s this pipe bomb came from the Impro- there is intent or knowledge that the sports shop and buy shotgun shells. At the vised Munitions Black Book, which can information will be used for a criminal Sports Authority that I go to, you can actu- be obtained in any gunshop through purpose. ally buy shotgun shells without a parent or the Paladin Press mail order outlets. In other words, it is not aimed at adult. They do not keep it behind a little So this youngster blew himself up, and suppressing contents per se, or fash- glass counter or anything like that. It is right next to him was the handbook ioned as a prior restraint. Its purpose $2.96 for 25 shells. that he used. is addressing the facilitation of unlaw- The computer bulletin board posting Another example. In Mission Viejo, a ful criminal conduct. then provides instructions on how to 20-year-old junior college student went Now, we will talk for a moment assemble and detonate the bomb. It into the so-called survivalist move- about current law. There currently is a concludes with these words: ment and accidentally set off his own Federal law on the books that is simi- If the explosion doesn’t get them, the glass bomb and killed himself. Again, the lar to my proposed amendment. Title will. If the glass doesn’t get them, then the manual was sitting right next to him. 18, section 231(a)(1) of the Criminal nails will. So, according to the sergeant, these Code states: I do not think our first amendment, books tell you in vivid detail how to Whoever teaches or demonstrates to any or the framers of the Constitution, make bombs, how to kill people, how to other person the use, application, or making

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7684 CONGRESSIONAL RECORD — SENATE June 5, 1995 of any firearm or explosive or incendiary de- Specifically, I believe that restrict- In upholding the statute’s constitu- vice . . . knowing or having reason to know ing the availability of bombmaking in- tionality, however, the court read the or intending that the same will be unlaw- formation for criminal purposes, if language in the statute more narrowly fully employed for use in, or in furtherance of, a civil disorder . . . shall be fined under there is intent or knowledge that the than the language appears on its face. this title or imprisoned not more than 5 information will be used for a criminal The court found the statute requires— years, or both. purpose, is both appropriate and re- this is the fifth circuit speaking—that At least 18 States have similar quired in today’s day and age. those prosecuted have acted with ‘‘in- bombmaking laws on the books, includ- As Wisconsin District Judge Robert tent or knowledge’’ that the informa- ing Arkansas, California, Colorado, Warren wrote in the Progressive case tion would be used to further a civil Connecticut, Georgia, Illinois, Lou- dealing with the publication of infor- disorder. isiana, Michigan, Missouri, Nebraska, mation on how to build an atomic Now, the Senator has adjusted the New Jersey, North Carolina, Okla- bomb: language in her amendment in order to homa, Oregon, Pennsylvania, Rhode Is- What is involved here is information deal- strike a much broader intent standard ing with the most destructive weapon in the land, South Carolina, and Virginia. that she had originally proposed. The I know that concerns have been history of mankind, information of sufficient destructive potential to nullify the right to original language she had said, ‘‘a per- raised by some civil libertarians and free speech and to endanger the right to life son intends, knows or reasonably others about the constitutionality of itself . . . . While it may be true in the long should know that such explosive mate- my amendment, because it in essence run, as Patrick Henry instructs us, that one rial or information will be used....’’ takes this section which I have just would prefer death to life without liberty, She has amended that to say that if the read of the code and says if you, addi- nonetheless, in the short run, one cannot person ‘‘intends or knows’’—let me get tionally, distribute that information enjoy the freedom of speech or the freedom the exact language here. I beg the of the press unless one first enjoys the free- with the knowledge or intent that it Chair’s pardon. The language now will be used for a criminal act, then dom to live. I could not agree more with Judge reads, ‘‘intends or knows that such ex- you are guilty of a Federal violation. plosive material or information will So if you read information that is Warren. likely be used for....’’ within a terrorist handbook, where the Enough is enough. I do not believe beginning page of the handbook says, the first amendment gives anyone the I would respectfully suggest that lan- ‘‘Whether you are planning to blow up right to teach someone how to kill guage does not meet the fifth circuit the World Trade Center, or merely ex- other people or provide certain infor- standard requiring intent or knowl- plode a few small devices on the White mation that will be used to commit a edge. House lawn, this is the information crime. Even our most precious rights I see the Senator is understandably you should have,’’ that clearly sets, in must pass the test of common sense. occupied at the moment with the my view, the purpose and intent of pro- I thank you, Mr. President. I yield chairman of the committee, discussing viding the information. the floor. this amendment, but at an appropriate The current law, section 231 of title I suggest the absence of a quorum. point I am going to ask the Senator 18, has already been used to prosecute The PRESIDING OFFICER. The whether she would be willing to further several criminals. It has been constitu- clerk will call the roll. amend her language to comport with The legislative clerk proceeded to tionally upheld by the courts. In the what at least I believe the fifth cir- United States versus Featherston, 1972, call the roll. Mr. BIDEN. Mr. President, I ask cuit’s minimal requirements are, and the Fifth Circuit Court of Appeals held unanimous consent that the order for that is to say that if the person ‘‘in- that the statute ‘‘is not unconsti- the quorum call be rescinded. tends or knows that such explosive ma- tutionally vague’’ and affirmed the The PRESIDING OFFICER. Without terial or information will be used.’’ Put convictions of two defendants who were objection, it is so ordered. it another way, drop the word ‘‘likely.’’ prosecuted under the law. Mr. BIDEN. Mr. President, I rise to Mrs. FEINSTEIN. May I respond? The fifth circuit wrote: speak to the Feinstein amendment and Mr. BIDEN. Please. . . . the statute does not cover mere inad- suggest that what the Senator from vertent conduct. It requires those prosecuted Mrs. FEINSTEIN. The answer to the to have acted with intent or knowledge that California has raised here, para- question is yes. I was just talking to the information disseminated would be used phrasing director Freeh, is a debate the committee chairman, the floor in the furtherance of a civil disorder. that we should be having. manager on this subject. I know, though, that the true test of I do not think there are many people, and I do not think there are any people Mr. BIDEN. I compliment the Sen- the amendment’s constitutionality will ator for that. be if and when it comes before the here in this body, who would suggest Mrs. FEINSTEIN. I will be happy to. courts. And, I welcome that oppor- that the examples the Senator has tunity. given are examples we should not be Mr. BIDEN. I suggest that would put The last time the Supreme Court di- concerned with. As evidenced by the it in line with what she intends and rectly dealt with the issue of freedom Senator’s comments, she also is mind- what the court found. of speech restrictions was over 20 years ful that although there are exceptions Mrs. FEINSTEIN. Mr. President, may ago, in Brandenburg versus Ohio, 1969. to the first amendment they are few, I move to amend? As I understand it, this case involved a and we should, in drafting legislation, Mr. HATCH. May I ask the Senator Ku Klux Klan leader’s right to advo- keep the first amendment in mind. to withhold for 1 minute? cate destruction of property and other It is in that regard that I rise to dis- cuss very briefly, the case of the The PRESIDING OFFICER. The Sen- violence as a means of obtaining polit- ator from Utah. ical reform. I think it may be time, es- United States versus Featherston, the pecially in light of Oklahoma City and fifth circuit case that the Senator men- Mr. HATCH. I appreciate the Sen- the World Trade Center bombings, for tioned. In that case, the court upheld a ator’s willingness to take out the prior the Supreme Court to deal with this conviction of two leaders of a militia notification and the word ‘‘likely’’ in issue again. group who showed their followers how her response to the distinguished Sen- In today’s day and age, when violent to make explosives. The purpose of the ator from Delaware. But if she would crimes, bombings, and terrorist at- demonstration they put on was to pre- also modify and take out ‘‘or knows,’’ tacks are becoming too frequent—2,900 pare the group for the coming revolu- in other words if such person ‘‘intends’’ bombings a year, 541 in California tion. and take out ‘‘or knows.’’ I will tell her alone in the year 1993—and when tech- Now, the statute at issue makes it a why that is important. nology allows for the distribution of crime to teach someone how to make a There are a lot of explosives manu- bombmaking material over computers bomb, knowing, intending or having facturers and personnel who do teach to millions of people across the coun- reason to know that the bomb will be others how to make explosives and how try in a matter of seconds, I believe unlawfully used in a civil disorder as to use them legitimately, for legiti- that some restrictions on speech are defined as a public act of violence in- mate purposes, mining and others. appropriate. volving three or more people. There are a lot of slurry manufacturers

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7685 in my State. In fact, the chief for slur- plicated than building a light bulb without having intended for me to kill ry underground explosives happens to bomb, but you can find that out. someone. Are you with me? be the founder of the IRECO Chemical The purpose, the knowledge or inten- So my concern is, if it gets even nar- Corp. in my home State. If you put ‘‘or tion of the publisher of World Book En- rowed further to say only ‘‘intends the knows’’ in there, what we are con- cyclopedia or any other publication is information to be used in a criminal cerned about is if they teach a univer- in all probability not the same purpose enterprise or criminal act,’’ then it is sity class or teach other people in their as that of the publisher of the Terrorist so narrow that you are not going to business or teach other people, in semi- Handbook. But for the purpose of Lady catch in that net people who I think we nars, about how to do slurry explosives Justice, blindfolded, weighing her should catch. or some other type of explosives, they scales, it is hard to tell the difference I have been, for the last 23 years, al- could, under this provision, be indicted sometimes, other than looking at the ways listed as one of the two or three or prosecuted. person or the organization that is pub- or four people most protective of the I really believe the distinguished lishing the material, to determine first amendment. You know, all these Senator does a great favor if she says their intent. And we do not want rating organizations that rate us that the person ‘‘intends that such ex- courts getting into that kind of busi- whether we are conservative, liberal, plosive materials or information will ness. I do not think the presiding offi- good, bad, or indifferent? I am always, be used for....’’ I think that is the cer wants that to happen, nor do I, nor along with Senator LEAHY and a few fair way to do it. It is one way of alle- do I think anyone does, although I sure others, listed here as one of the viating these difficult legal questions would like to be able to capture those staunchest defenders of the first that really make it very difficult for folks who issued that handbook. amendment. So the Senator has narrowed her lan- people who are in the explosives busi- So I am not looking to broaden the guage, I think appropriately, to say ness to even talk about the business. net the Senator wishes to cast. But it ‘‘know or intends.’’ If the Senator could do that, I will be seems to me if you narrow it so much Let me tell you why I think ‘‘know’’ willing to accept this amendment. so that you only use the word ‘‘in- makes sense to be in there. If, for ex- Mrs. FEINSTEIN. If I may respond, tend,’’ you do not get the circumstance ample, that gruesome example that the and perhaps the Senator from Dela- where I know that the information I Senator gave from the internet, where ware, because I think this is a useful have at my disposal as to how to build somebody puts on a bulletin board how discussion. I would like to respond to a light bulb bomb or any other kind of to make a terrorist device, a bomb, and the Senator from Utah. bomb, I know why you are seeking the then someone writes back and says, ‘‘O What concerns me is somebody information. You have told me. You Great One,’’ I am paraphrasing, ‘‘I writes a terrorist handbook. We have tell me, ‘‘I want to know how to make want to kill Zionists in the Govern- that case. And they tell somebody how a bomb out of Gerber’s baby peaches. I ment. Tell me more. Feed me.’’ Or to steal; how, in detail, to put to- want to know how to do that. Teach whatever the terminology was. gether, let us say, a light bulb bomb. me, oh Great One.’’ You say, ‘‘I’ve got You come to them and say, ‘‘You vio- The original publication of that in- just the answer for you. Here is how lated a criminal law.’’ formation on the bulletin board on the you do it.’’ They say, ‘‘I did not intend this to be internet may or may not meet the used for crime.’’ standard of having known the informa- It seems to me that does fall beyond Then the comeback is, ‘‘You should tion was going to be used for a criminal the purview of first amendment protec- know it is going to be used for crime purpose, or may or may not meet the tion. It seems to me it is narrow because that is the only purpose for a standard of having intended that it be enough and specific enough that it war- light bulb bomb. It is the only purpose used. But it seems to me it is pretty rants to be made unlawful. And it for a toilet paper bomb, for a candy box clear that when that idiot writes back seems to me that it is not at all incon- bomb.’’ or punches in his code and name and sistent with what the fifth circuit and Mr. BIDEN. Will the Senator yield? says, ‘‘O Great One, I want to kill peo- other courts have said relative to the Mrs. FEINSTEIN. I will right away, ple, tell me more,’’ if the original per- standard required on the part of the in just 1 second. son who put the information up on the person disseminating the information. What the Senator from Utah is say- bulletin board said, ‘‘All right, Swami, So in truth, you might also be able to ing is the explosive company that here it comes. If you really want to get get that very person on a conspiracy makes the explosive does not intend— Zionists, here is how to do it,’’ it seems charge. You might not even need this that is clear—that it be used for crimi- to me at that point the person knows statute. My friend, who is truly—we nal purposes. I agree. The intention of that the information he or she is dis- use this phrase too frequently around this is not to get at the explosive com- seminating is intended for a criminal here, and it does not always apply, but pany. The intention is to get at the purpose. in this case it does. My friend, who is person who misuses or mispackages, The Senator from California said learned in the law could stand and say, and who does it all for the purposes of there are some stores, some retail out- ‘‘Well, all right, Joe. I am not trying to committing a criminal act. lets that sell the handbook. Or you can eliminate the ability to nail the person Mr. BIDEN addressed the Chair. write away to get the handbook. If I who is knowingly participating in an The PRESIDING OFFICER. The Sen- walk in to you and you are selling the unlawful activity. We can already do ator from Delaware. handbook, you have the handbook and that under a conspiracy statute.’’ Prac- Mr. BIDEN. Mr. President, if I may— I say, ‘‘Ma’am, I would like to buy a tically, that is true. But I would argue and I thank the Senator for her invita- handbook that would teach me how that including the word ‘‘knows’’ as tion for me to speak to this as well—we to—do you see the cop down there in well as ‘‘intends’’ here does no damage have three slightly different points of the corner? I want to put a pipe bomb to the first amendment, and makes the view here. Let me make clear what I in that trash can where he stands every case if not easier, equally as able to be would like to see avoided and what I morning from 8:30 to 9. I want to blow pursued as a conspiracy theory would would like to see accomplished. Using that SOB up.’’ be. This is more direct. specific examples and hypotheticals is And you say, ‘‘I have just the thing So my friend from Utah and I have not always the best way to do it, but it for you,’’ and you walk over and you been, the first 15 years of our working seems to be the only way I have avail- hand him the handbook, it seems to me together, not always on the same side able to me to do it at this moment. you knew the information that is of these civil liberties arguments. And None of us wants to have the pub- available to you to do something ter- it is truly—I mean this sincerely—a lishers of World Book Encyclopedia in- rible, kill that policeman standing at pleasure to be on the same side of these dicted because they, in their World the corner. It would be awfully hard to arguments with him these days. I do Book, tell you how you can make a prove, though, that, if you sold that not by that in any way imply a change bomb. You can go to a public library handbook to me, you intended for me in his motivation at all. I think things and you can find out how to build a nu- to kill that policeman. You could know have changed, and as the troubles in clear device. It is a lot more com- I was going to use it to kill someone society, the maturation process, has

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7686 CONGRESSIONAL RECORD — SENATE June 5, 1995 taken place, and we all are seeing dif- Mrs. FEINSTEIN. That is correct. That is the end of the amendment. Is ferent applications of old principles to Mr. HATCH. Then I am prepared to that correct? new problems. So I am not being face- accept the amendment. Mrs. FEINSTEIN. The ‘‘1’’ is an ‘‘l’’. tious when I say I welcome it. But I re- Mr. BIDEN. Mr. President, par- It is a lower case. spectfully disagree with him here. liamentary inquiry. Mr. BIDEN. I beg your pardon. In the I will not object to the Senator from The PRESIDING OFFICER. Is there last paragraph? California taking out the word objection? Mrs. FEINSTEIN. In the first para- ‘‘knows.’’ But I would suggest that her Mr. BIDEN. Reserving the right to graph and the last. test, her intended purpose, is best object, is the language ‘‘and’’ or is it Mr. BIDEN. I beg your pardon. It is served by saying if the person intends ‘‘or’’? If it is ‘‘or,’’ I have no objection. ‘‘l’’, and not ‘‘1.’’ or knows that such explosive material The PRESIDING OFFICER. Is there So it will read, the following new sec- or information will be used for or in objection to the modification? tion ‘‘l’’, ‘‘It shall be unlawful for any furtherance of an activity that con- Mr. HATCH. I have no objection. person to teach or demonstrate the stitutes a criminal, a Federal criminal The PRESIDING OFFICER. Without making of explosive material or to dis- offense, or a criminal purpose affecting objection, the amendment is so modi- tribute by any means information per- interstate commerce, I think keeping fied. taining to’’, et cetera. Then at the bot- only two words ‘‘intends’’ or ‘‘knows’’ The amendment (No. 1209), as modi- tom paragraph, it reads ‘‘Any person is totally appropriate, and I would sup- fied, is as follows: who violates subsection l of this sec- port that. At the appropriate place in the bill, insert tion.’’ Then that is how it reads, Mr. But it is obviously her amendment. If the following new section: President? she is persuaded by the reasoning of SEC. . PROHIBITION ON DISTRIBUTION OF IN- The PRESIDING OFFICER. The Sen- the Senator from Utah, I will not ob- FORMATION RELATING TO EXPLO- ator is correct. SIVE MATERIALS FOR A CRIMINAL Mr. BIDEN. Mr. President, I am sorry ject to it. PURPOSE. I thank the Chair. I yield the floor. to do this to you. But also in the third (a) Section 842 of title 18, United States paragraph, it reads: Mrs. FEINSTEIN. If I may, Mr. Presi- Code, is amended by adding at the end the dent, I would like to amend the amend- following new section: Section (a) as subsection (a)(l) and by add- ment by removing the word ‘‘likely.’’ ‘‘(l) It shall be unlawful for any person to ing the following new subsection. So that the amendment reads: teach or demonstrate the making of explo- So, in other words, the three places sive materials, or to distribute by any means Information pertaining to, in whole or in where I thought it was a ‘‘1’’ it is not information pertaining to, in whole or in part, the manufacture of explosive mate- a ‘‘1.’’ It is an ‘‘l.’’ part, the manufacture of explosive mate- rials, if the person intends and knows that So that being the case, that is the rials, if the person intends or knows, that such explosive materials or information will only correction of me, not of the such explosive materials or information will be used for, or in furtherance of, an activity be used for, or in furtherance of, an activity amendment, I have no objection. We that constitutes a Federal criminal offense that constitutes a Federal criminal offense accept the amendment as well. or a criminal purpose affecting interstate or a criminal purpose affecting interstate The PRESIDING OFFICER. The commerce. commerce.’’ question is on agreeing to the amend- The PRESIDING OFFICER. Will the (b) Section 844 of title 18, United States ment. Senator send her modification to the Code, is amended by designating section (a) The amendment (No. 1209), as modi- desk? as subsection (a)(1) and by adding the fol- fied, was agreed to. Is there objection to the modifica- lowing new subsection: Mr. BIDEN. Mr. President, let me say tion? ‘‘(a)(2) Any person who violates subsection that the Senator from California never (l) of section 842 of this chapter shall be fined Mr. HATCH. May I see the modifica- under this title or imprisoned not more than ceases to amaze me. I say that with tion? twenty years, or both.’’ genuine respect. When she zeroed in on The PRESIDING OFFICER. The Sen- Mr. HATCH. Mr. President, with that this problem when Senator KENNEDY ator from Utah. modification, I am prepared to accept came to the hearing and presented a Mr. HATCH. If I could have the at- the amendment, if the distinguished 60-, 70-, 80-page document—I forget how tention of the distinguished Senator Senator from Delaware is likewise. long it was—of information that the from California, the way she has writ- The PRESIDING OFFICER. Is there staff had pulled off the Internet for him ten it is different than the way she further debate on the amendment? on how to do these things, one of the read it. It says if the person ‘‘intends Mr. BIDEN addressed the Chair. things that I admire most about her is or knows.’’ But if the Senator will read The PRESIDING OFFICER. The Sen- her incredible common sense. it ‘‘intends and knows,’’ I will go along ator from Delaware. I remember her sitting there looking with it. Mr. BIDEN. For clarification pur- at us and saying, ‘‘You mean you can Mrs. FEINSTEIN. I meant ‘‘or.’’ I beg poses, and I think I will accept it, I do this? I mean, why are we allowing your pardon. want to read the entire amendment. It this?’’ All of us who were supposedly Mr. HATCH. Could the Senator will take me one moment. It says: hopefully good lawyers all looked and change the ‘‘or’’ to an ‘‘and’’? said, ‘‘First amendment problem, Sen- Mrs. FEINSTEIN. I did not mean to. Section (a) reads, ‘‘Section 842 of title 18, ator.’’ And we all did say that. We all United States Code, is amended by adding at Did I? the end the following new section: knew because of our reverence for the Mr. HATCH. Yes. Subsection 1. first amendment. Those of us who are Mrs. FEINSTEIN. I will change it to It shall be unlawful for any person to teach conservative, liberal, and moderate ‘‘intends or knows.’’ or demonstrate the making of explosive ma- alike all said, ‘‘First amendment prob- Mr. HATCH. If I can just respond to terials, or to distribute by any means infor- lem.’’ We all kind of went on to other the distinguished Senator from Cali- mation pertaining to, in whole or in part, things. fornia, I would prefer ‘‘intends and the manufacture of explosive materials, if As she always does, she went back to knows’’ rather than ‘‘intends or the person intends or knows that such explo- her office, and I am sure she turned to sive material or information will be used for, knows’’ because I believe that can lead or in furtherance of, an activity that con- that able staff member next to her and to some mischief in the criminal law. stitutes a Federal criminal offense or a said, ‘‘Wait a minute, there has to be a On the other hand, this was a narrow criminal purpose affecting interstate com- way to do this. There has to be an an- interpretation. I agree with the distin- merce. swer to this.’’ As usual, her instinct is guished Senator from Delaware. I am Subsection B. almost always right. And when I have not sure that you can catch them on a Section 844 of title 18, United States Code, dealt with her, it has been unerring. conspiracy statute in this area. I do is amended by designating section (a) as sub- Not being a lawyer, she went out and not remember the law with regard to section (a)(1), and by adding the following got some fine lawyers and said, ‘‘How new subsection: the explosives. But whether that is so (a)(1), any person who violates subsection can I write this thing because I, DIANNE or not, as I understand it, the word (1) of section 842 of this chapter shall be FEINSTEIN, don’t want to amend the likely will be stricken in the amend- fined under this title or imprisoned not more first amendment either, but I do want ment. than 20 years, or both. to deal with this foolishness.’’

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7687 She did it. I compliment her. And re- this issue and explosives for time im- mains of a rental truck that was used mind me, if I ever forget, never to un- memorial. The Justice Department is to blow up the Federal Building in derestimate her. She always gets it not. It does not have the expertise. So Oklahoma City was the critical piece done. We are all better for it. I again I would suggest that is not the place of evidence that gave Federal law en- congratulate her. we should look. forcement a critical lead on the bomb- We have no other amendment on the Now, taggants are tiny plastic, as ing suspects. floor at the moment. What I would like they are referred, sandwiches with dif- There was a taggant in effect on that to do, unless someone wishes to bring ferent color stripes that are added to vehicle in an ID number on it. Where up an amendment, I would like to be- explosives during the manufacturing would we be if we had not required an cause I was not here when the Senator process. Because these taggants are ID number on that vehicle? We would from California spoke on her first left after the explosion, they can be be nowhere. You would not have been amendment, the taggants amendment, used to identify the source of an explo- able to go back to find out from where and I would like to take a moment. sion. And that is the source of the ma- that vehicle was rented, who walked in AMENDMENT NO. 1202 terial—where it was purchased. In and rented it, what they looked like, If anyone has any other thing to other words, these identifiers, these lit- what their description was and then bring up, I would be happy to yield. I tle plastic sandwiches, as they are trace it back to the guy who gets ar- rise at this moment to support the called, different colored stripes are put rested almost incidentally on a high- amendment of my friend from Cali- into the explosive when it is being way going out of Oklahoma City the fornia on taggants, if I may, because manufactured, legitimately manufac- day of the bombing. we are going to be voting on that I tured. We are not talking about some Very important material, a tiny lit- think around 6 o’clock. back-room operation. These are legiti- tle thing. You would say, well, wait a One area we did not address in the mate explosives. These are legitimate minute. That truck was blown to legislation before us was the issue of materials made by legitimate compa- smithereens. This just goes to show taggants. The President wanted to see nies for legitimate purposes. You add you the investigative capability of the it addressed, and I did as well and at the time of their manufacture these people there. The axle—I believe it was spoke very briefly with my friend from little colored strips so that when the an axle—on which this identification California and encouraged her to move explosion goes off, you are able to go number existed was found. They knew the amendment on taggants. into the area where the explosion took to go and look at that ID number. I feel it is very important in the bat- place and by use of detection means Once they found it, they could begin tle against terrorism to enhance our find these taggants. the tracing process. In fact, it was the ability to identify, following detona- These taggants—this is my phrase; I employees of the rental agency they tion, the source or origin of the explo- have never heard anyone else use this— traced this back to who provided much sives used in an act of violence against are a little bit like that little bar code of the information necessary to create our fellow Americans. Key Federal law on the bottom of everything you buy in the composite sketch of the suspect enforcement officials recognize that to the grocery store. The checker just initially known as John Doe 1, whom provide for enhanced tracing capabili- runs it through a scanner. They can we now know as Timothy McVeigh. ties is a logical and, I would argue, identify what stock it was, what date Now, taggants work much in the overdue response. The administration it was made, where it came from, what same way. The taggants would give an included a tracing provision in their part of the store it was in, how much it indication where the explosives were antiterrorism proposal, and it was sec- cost. purchased. Not only does that lead law tion 803 of S. 761. It is the same principle here. We enforcement to a sales clerk who might Now, I want to make it clear to those want to be able to essentially run the have provided a description of the ter- of our colleagues who may be listening residue of that explosive material rorist, but this information may also in their offices, I am not inadvertently through a scanner, in effect. And you be key, and perhaps the only physical substituting the word ‘‘tracing’’ for are able to say OK, the material used evidence that a prosecutor can use, to ‘‘taggant’’ because that is what this is in this bomb was manufactured at such nail the defendant to the crime. If all about. We want to be able to trace and such a time, such and such a batch, there were taggants in the explosives the manufacture of the material used, et cetera, and work your way back that were used, you would be able to do not for purposes of prosecuting the with the intention of not going after the same thing—and they were recov- manufacturer, unless the manufacturer the manufacturer but going after the ered. You might be able to go back and violated the law intentionally in to person who purchased it. find where the material that blew up whom they sold the material, but in Now, it may be the person legiti- the—and that was fertilizer added with order to be able to trace the person mately purchased it, and we find out it some chemicals and the like. You may who purchased the material which was purchased for a construction oper- be able to go back and find out where would enhance our ability to find out ation and it was put in, properly stored that fertilizer was sold and you may who detonated the bomb. in a locked vault and that you find out find the very same thing. The clerk The provision authorizes the Sec- the vault was not broken into but that says I remember selling that fertilizer retary of Treasury to promulgate regu- on the job it turned out a couple pieces to the following person, and you do a lations requiring taggants to be added were missing. Well, then you have the composite sketch. Again, it is a strong to explosive materials. Now, the Re- investigative tool to narrow it down. piece of evidence. publican bill, however, omits this key Maybe then you look at the people who Now, my colleagues on the other side provision. Instead, the Republican bill took the explosive out and were legiti- of the aisle will argue that we should calls for no action, only more study. I mately working on the job. Maybe it study this issue more closely. But that would also note that not only does the turns out to be one of them. It was not means only one thing: More needless Republican bill choose study over ac- them. They may say, well, it was only delay. The potential effect of taggants tion but, even worse, their bill calls on 20 minutes it was not here. And there has been highlighted in a study that the Justice Department to study this was a guy wearing a red cap that came was conducted in the late 1970’s when issue. by. It is investigative work. It merely the ATF seeded a very small portion of Now, we all know that jurisdiction gives, but significantly gives, an oppor- explosives, 10,000 pounds, with over these issues and the real expertise tunity to law enforcement agencies to taggants. related thereto is in the Treasury De- begin to trace, backtrack, until hope- We had this debate, I might add, partment. Let us not duplicate effort. fully you find the person who was the when I first came to the Senate in the Let us not duplicate bureaucracy. Let person who purchased and used this 1970’s, and we were told, no, it may be us think of the taxpayers, not the pet material. a destabilizing element in the manu- peeves of some special interest group Now, to use a practical example of facture of the material; it may be used because they do not like the Treasury how even small pieces of evidence are for purposes on the part of law enforce- Department. The Treasury Department vital, consider that the vehicle identi- ment to do bad things, et cetera. But is the outfit that has been dealing with fication number on the exploded re- we agreed that Alcohol, Tobacco, and

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7688 CONGRESSIONAL RECORD — SENATE June 5, 1995 Firearms could do an experiment. So solving crimes involving illegally used any more about this than I did. We just they went to a manufacturing site, and explosives. Under this amendment, the walked out of this conference. He went they tagged 10,000 pounds of explosives. Secretary of the Treasury will deter- on to explain to me how when ammo- They put in one of these little colored mine how we can best utilize this tech- nium nitrate is added to fertilizer in a strips, these sandwiches. nology. Then we will move forward and certain formula and way, it produces Now, despite this relatively small use the taggants after that assessment an explosion whose fingerprints or amount—and that probably rep- has been made by the Secretary of the characteristics are like the one we saw. resented less than—I will not even Treasury. And that is key. We should I was amazed. I was complimenting guess—one one-hundredth percent of move forward in this area now, and we him, because about 3 minutes later a all the explosives sold that year. It was should do so without further delay. reporter comes on and says, ‘‘We have infinitesimally small in this little ex- Now, a study on common and pre- just learned that this was a fertilizer periment compared to the universe of cursor chemicals, another aspect of the bomb.’’ I did not know how he knew all explosives sold that year. For exam- amendment I want to touch on briefly, this. He went on to explain to us that ple, my staff is telling me 4 billion is the requirement that the Secretary it was his experience when he was a pounds of explosives are sold per year— of the Treasury study and make rec- commander in Northern Ireland with 4 billion pounds. This was 10,000 pounds ommendations regarding: First, the the use of fertilizer bombs by the IRA. that was tagged as an experiment. ability and feasibility of rendering He went on to point out that England Now, notwithstanding that, that one inert those common chemicals used to had changed the law relative to the experiment back in 1978—and the Sen- manufacture explosive materials and, sale of fertilizer to Ireland and the type ator from California knows this—was second, the ability to impose controls of fertilizer and the amount of nitrate very instrumental and effective in on those precursor chemicals used to that could be in the fertilizer, and he helping solve a bombing incident in the manufacture explosive materials. went on and on about it. And he said State of Maryland. Now, the idea that Let me make it clear, this is a sepa- something fascinating. He said that it we did this one experiment—and it was rate issue. There are two issues here has had three interesting effects. First, just pure luck, I suspect, that that that the Senator from California has the environment is cleaner. There is 10,000 pounds was purchased. But what pursued that were in the President’s not as much nitrates left over in the happened was there was a car bombing, legislation. One, this notion of, in ef- environment when it is applied to the and but for the fact that the explosive fect, seeding an explosive with a color- soil. The water is cleaner and the used was part of that 10,000-pound stripped material so that when the ex- bombs are fewer. batch that was the only batch out of plosive goes off, you can find the mate- So that is when I became interested four billion pounds sold that year, the rial and trace back the place where it in how do you take these materials perpetrator of the act was unlucky was manufactured and sold. That is the that seem to me to be totally innocent enough to purchase something from taggant. in terms of the ability to cause damage that batch. And that was the thing Now, there is a second issue, and that and render them inert—inert in the that led to the identification and con- is chemicals which are sold—I will use sense that they can only do the thing viction of that individual, with little or this phrase—over the counter. These for which they were manufactured, no possibility of their ever having are chemicals you can go and buy, but which is to help things grow, as op- found him but for the taggants. they can be used for destructive pur- posed to kill people. One of the ways to I suggest that the study by the Office poses, although their intention is for do that is to look at it and study it and of Technology Assessment on taggants constructive purposes. Fertilizer is to make recommendations regarding the is also a key source of the safety and help things grow, not kill things or kill feasibility of adding materials to the efficacy of taggants. There was this ex- people. manufacture of these chemicals and periment and the study by the Office of Now, I said this before, and I say it to precursor chemicals that will not di- Technology Assessment. The Office of my friend from California here. I was minish the effectiveness of the chem- Technology Assessment found that at a conference with a group of U.S. ical but render them incapable of gen- ‘‘identification taggants would facili- Senators, Congresspersons, and offi- erating the explosion. tate the investigation of almost all sig- cials from the United Nations the day The purpose of this provision is very nificant criminal bombings in which this god-awful explosion in Oklahoma simple, and it should be clear to every commercial explosives were used.’’ occurred, and we literally interrupted American in the wake of the Oklahoma Now, safety tests performed by the the conference. One of the conferees City tragedy. What has become evident Office of Technology Assessment found was Gen. Michael Rose, a general in in the past weeks is that in America taggants to be compatible with the ex- the British Army, who was the today, nearly anyone, as our friend plosives covered by this amendment. UNPROFOR Commander of Forces in from California has pointed out, can By compatible, I mean they did not di- Bosnia up until about 3 months ago. acquire the ingredients, all of which minish the efficacy of the explosives, General Rose and I were sitting next to have other legitimate uses, and build a No. 1. So it blew up just as big as it one another discussing the situation in bomb. would have blown up without the Bosnia. What happened was that we ad- The bomb in Oklahoma was a mix- taggant. It did not diminish its capac- journed when we heard this horrible ture of ammonium nitrate fertilizer ity. news and went to the nearest tele- and diesel fuel. Ammonium nitrate can Second, it did nothing to destabilize vision. The first scene all of us saw—a be purchased at almost any garden sup- the explosive. It made it no more or dozen of us Congressmen, Senators and ply or hardware store, and when mixed less dangerous to deal with that explo- generals—was a visual image of the with a fuel, it can be classified as a sive. One of the arguments we will hear Federal building and the confusion sur- high explosive. One way to desensitize used is that if you add these taggants, rounding it. You could see how the ammonium nitrate while still pre- they will have the effect of desta- Federal building was not only blown serving its effectiveness for its in- bilizing this explosive material, mak- up, but it looked like it was cut away tended use would be to mix a nonexplo- ing it more dangerous to handle. There in the front. I was sitting next to Gen- sive chemical such as lime, calcium is no evidence of that, according to the eral Rose. I could not hear what was on carbonate, into the product, to render Office of Technology Assessment. the television in this hotel lobby. We it inefficient for use as an explosive. Third, they also found that it did not, just saw the picture. He looked at me Now, I think it makes overwhelming in any way, affect the manufacturer of and he said, ‘‘That bomb is a fertilizer sense to suggest that a feasibility that material. That is, placing the bomb. That is what destroyed that study be done and recommendations taggants in the material as it is manu- building.’’ My staffer reminded me that made as to whether or not, for exam- factured did not diminish safety in the he looked and he said, ‘‘That is an ple, lime can be added to ammonium production of that material. ANFO bomb.’’ I wondered, what in the nitrate, allowing the fertilizer to be as For 15 years, law enforcement in devil is he talking about? How does he potent as it was before for the purposes Switzerland have recognized taggants know this? All we can see is this pic- of encouraging growth in the soil, yet as an important piece of the puzzle in ture on television. He had not heard rendering it incapable of being used as

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7689 a bomb when mixed with a fuel supply. Lawrence Livermore Lab, managed by port its findings back to the Govern- This type of desensitizing is currently Aerospace Corporation, to study the mental Affairs Committee no later employed in England, as I said. feasibility of identification tagging of than August 6, 1979. Let me be clear, all this amendment explosives. OTA went out. They established a does with regard to this point, all it Several companies, including 3M and staff drawn from science foundations, does is require the Secretary to study Westinghouse, began taggant develop- Lawrence Livermore Lab, to carry out the feasibility of such a policy being ment. By 1976, this was far enough ad- the proposal. They also formed an advi- implemented in the United States. vanced to be the subject of the pilot sory committee composed of represent- It is an unfortunate reality that indi- tagging program developed by aero- atives from the law enforcement com- viduals would take seemingly harm- space under the contract with the Bu- munity, the explosives industry, and less—I might add, legal—products and reau of Mines. The results seemed posi- the gun lobby to provide input. It is my devices and turn them into weapons ca- tive, in 1977, with the Omnibus understanding that one of the explosive pable of exacting the devastation and Antiterrorism Act. industry members was later indicted loss of life that we all saw in Oklahoma Mr. President, was the Senator here for selling explosive materials to Liby- City. However unfortunate that may in 1977? an terrorists. be, it is a reality nonetheless. The Mr. BIDEN. Mr. President, yes, I was Despite the efforts on the part of amendment of my friend from Cali- here. I was also here in 1973, unfortu- OTA to comply with the August 6 dead- fornia is an effort to curtail the avail- nately. I have been here, and I have line, it soon became apparent that the ability of products which can be used been interested in this issue since then. deadline could not be met. So a new in this manner. That is why I am so happy the Senator deadline was set for Thanksgiving. In Mr. President, I would like to make is pushing it. the interim, American hostages were as a concluding point that I understand Mrs. FEINSTEIN. Mr. President, it is seized in Iran and the Senate decided negotiations between Senator FEIN- interesting to see, because in 1977 Sen- to postpone consideration of the under- STEIN and other interested parties on ators Abe Ribicoff and Jake Javits pre- lying bill until the situation was clari- the other side are proceeding. Of sented language mandating the intro- fied. course, I hope these discussions will be duction of explosive tagging over a pe- This gave OTA more time to develop successful, but I strongly urge that the riod of time. its report, which was finally released Senator from California not relent on During consideration of the bill, the on April 28, 1980. That is the report I the two essential aspects of her amend- National Rifle Association—who some- mentioned this morning. ment. body has just said is for taggants—op- At this point, the National Rifle As- One, the taggants be able to be posed the inclusion in the program of sociation, I am told, hired lobbyists to placed, by recommendation from the black and smokeless powders used by lobby against the bill. I am told that Secretary of Treasury, in explosives; some hunters to hand-load antique ri- the people hired were paid more than and, two, that the study be undertaken fles. The National Rifle Association $250,000 for the effort to defeat this. that would determine whether there was successful at the committee level They were successful in getting several are ways that we can feasibly render at deleting the requirement that these trade associations in the construction inert the destructive capability of oth- powders be tagged. industry, including the Crushed Stone erwise totally constructive precursor Nonetheless, the requirement that Association, to launch campaigns chemicals. other types of explosives be tagged was I see the Senator from California is against the bill on the theory that left intact. The bill never reached the on the floor and seeking recognition. I taggants would increase the cost of ex- Senate floor. yield the floor. plosives by more than 100 percent. In In the 96th Congress, the Mrs. FEINSTEIN addressed the fact, the estimate is less than 10 per- antiterrorism legislation was reintro- Chair. cent. I read those figures into the The PRESIDING OFFICER (Mr. duced with provisions for gradually RECORD this morning. GRAMS). The Senator from California. phasing in identification tagging over By the date of the markup, it became 1 Mrs. FEINSTEIN. Mr. President, I a 2 ⁄2-year period. The legislation was clear that the Javits-Ribicoff approach want to thank the Senator from Dela- considered in the House by the Avia- would not win. Senator GLENN offered a ware for that very eloquent exposition tion Subcommittee of the Commerce compromise. That did not go ahead. on taggants. Committee. The committee vote was 8–7 in favor of I must say that it never ceases to It was supported by the Airline Pi- an Eagleton motion, who was an oppo- amaze me, because outside people are lots Association and the Airline Trans- nent of taggants. And on and on and on saying they are for legislation to begin port Association. The House Members it goes. to tag explosives where safe and not and Glenn Anderson, the subcommittee Now here we are with a massive inci- adding to the volatility. Yet once chair, wanted to wait for action on the dent in the United States—two of again, I must tell the Senator, the lob- subject in the Senate before taking the them—the World Trade Center and the bying of those special interests is issue up in the House. building in Oklahoma City. And now, starting up again to, one by one, move The Senate Governmental Affairs today, this afternoon, the phones are Senators off of this legislation. Committee marked it up on May 7, heating up. Senators that I thought This led me to get a little bit of the 1979. The only controversial aspect of would be for this are calling. They are history of taggants before this body. this Omnibus Antiterrorism Act, Sen- now getting the agriculture commu- While the Senator has been here for a ate bill 333, was explosive tagging. nities involved, saying they do not long time, I am a relative newcomer, Again, the NRA and the Institute of want a study. Just the study on ammo- 21⁄2 years, and I did not realize this Makers of Explosives lobbied hard to nium nitrate, the fertilizer that blew issue has been raised now for 22 years kill the entire program and made wild up the building and killed 168 people, before this body. It might be inter- accusations about the cost, safety, we were being told we should not study esting to go back into a little bit of the utility, and burdensomeness of it. history. taggants. I cannot believe it. It is unbelievable It actually began in 1973 when Con- So the principal supporters, Ribicoff to me that anyone could oppose a gress asked ATF to look into possible and Javits, and the principal opponent, study to see if fertilizers can be made methods of fighting terrorists in crimi- who was Senator STEVENS at the time, inert so they will not detonate it. nal bombings. That year, ATF and the agreed to postpone committee consid- Mr. BIDEN. Mr. President, will the FAA established an ad hoc committee eration pending an examination of Senator yield for a moment? on explosives seeding. That same year, taggants by the congressional Office of Mrs. FEINSTEIN. I will yield. ATF formed an inner agency advisory Technology Assessments. Mr. BIDEN. I do not mean yield to committee on explosives tagging. That was the report I held up this the issue, but yield temporarily on the Also in 1973, the Law Enforcement morning. OTA was not to conduct floor. Assistance Administration, which we original research, but rather was sup- Let me ask the Senator somewhat of knew as LEAA, sponsored a study by posed to review existing data and re- a rhetorical question. She points out

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7690 CONGRESSIONAL RECORD — SENATE June 5, 1995 accurately, my recollection, because I pair the quality of the explosive material for minishing the effectiveness of fer- was here during the entirety of what their intended lawful use, adversely affect tilizers used for agriculture.’’ she spoke of. From my perspective, her the safety of the explosives, or have substan- Because, obviously, if the study is tially adverse effects on the environment. historical analysis is accurate. I re- going to come back and say you cannot member at the time being dumb- So we thought that we were dealing do this without diminishing signifi- founded, quite frankly, that the chem- with this red herring by having the sec- cantly the capacity of the fertilizer to ical industry, a large chemical indus- tion requiring that the decision would function, that cannot worry them be- try in Delaware, and others would not have to be made that the tracer ele- cause if that is the case we are not push hard for these actions to be ments, the taggants, would not ad- going to do it. There is no way that taken. I mean, I just assumed, naively, versely affect the safety of the explo- would get done here. that this would be something every- sives. Since OTA indicated that there was a So I always am confused by this re- body would be for. sponse. I was confused in 1973 about There is one argument that can be possibility of that with regard to smokeless powder, we did not intend why people responded the way they did. made in opposition to what we are try- I hope we will not let interests that I ing to do and I think we should state that to be covered. But I would sug- gest—I know my friend from California do not fully understand sidetrack even it. That OTA study, Office of Tech- a study. I might point out, by the way, nology Assessment study, said that who is leading this effort has probably had some discussions already with the with regard to taggants, originally the there was only one possible exception people who are now opposing the Sen- to the circumstance under which add- majority staff and others about this. I hope we can reach a resolution on it. ator’s language and the President’s ing a taggant might diminish the safe- language were opposed to even a study ty, and that was with regard to smoke- And I sincerely hope, coming from a State where agriculture is our single before. Now they are for a study. I hope less powder. we can just bypass—not have to go The Senator pointed out that back as largest industry in terms of dollars and effect on the economy, and where fer- through another 10 years before we get early as 1973, the NRA pointed out that to the point where they see their way they were concerned about people who tilizers are used a good deal—hope no one would be fearful of explaining to clear, suggesting we can even look at a were muzzle loading antique guns and study. using smokeless powder to put them in the agricultural community that they Mrs. FEINSTEIN. If the Senator will a position to be able to use the guns. supported a study to determine this. I yield? Probably we could have settled that cannot imagine the farmers in my matter then but it turned out that, State, very conservative, hard-working Mr. BIDEN. I will be happy to. whether the NRA was concerned about folks, would be opposed to a study Mrs. FEINSTEIN. I have here an that or not—and I will not make a being conducted to determine whether amended amendment that may solve judgment about that—it ended up or not ammonium nitrate could have the problem. There are some technical being the initial device used, the wedge an element added to it that would not amendments which I can read. But the used to block anything from hap- in any way diminish its efficacy on the one that deals right now with the situ- pening. land but would diminish its efficacy as ation that my colleague is referring to, It is my understanding from my dis- an explosive component. smokeless or black powder would be as cussions with the White House, with I might point out—I might ask it, ac- follows. the Justice Department, my staff and tually, in terms of a question. Is it the At the end of subsection (c)(1) insert the others, that when I introduced the sponsor’s intention that this merely be following: President’s bill, when Senators KOHL a study relative to means to render For purposes of this subsection, explosive and SPECTER and I introduced the inert these components, precursors material does not include smokeless or black President’s bill containing this provi- that can be used as bombs? And that if powder manufactured for uses set forth in sion, that we did not intend—the White the study concludes that the only way section 845(a)(4)(5) of this chapter. House did not intend, the Justice De- it could be done would be to diminish Which is ‘‘Small Arms Ammunition partment did not intend—to include the capacity of ammonium nitrate to and Components Thereof.’’ That is the within the definition of explosive, do its job on the field, that we would exception, just for small arms ammuni- smokeless powder. The ATF indicates not move forward? This is merely a tion and components thereof. that they do not include that in their study, is it not? Mr. BIDEN. I say to the Senator from definition of explosives. And I would Mrs. FEINSTEIN. The Senator from California that is probably broader think that—I would like to ask the Delaware is 100 percent correct. than we have to make it, but I would Senator whether this is not her under- I might say, coming from a State agree with her that that is worth doing standing as well, that we would be will- that has a $18 billion agricultural in- to allay the concerns and fears of our ing to make it very clear in the record dustry, I called up to see if we have had friends who think somehow there is that our definition—your definition of any phone calls at all from Agri- some nefarious objective here that is explosives does not include smokeless culture, Farm Bureau, anybody else. not obvious on its face. The answer is no. powder. The Senator from—— I would hazard a guess, knowing the Mrs. FEINSTEIN. I would be pre- Mrs. FEINSTEIN. If the Senator will pared to do that, Senator. It is my un- agricultural community of California, that they would not object to a study. yield? We believe it is already exempt- derstanding this affects gels, slurries, ed. This is a restatement of that. dynamite, emulsions and cast boosters, So I think this is probably a very tar- Mr. BIDEN. Again, I would have no and black powder. But it does not in- geted lobbying drive at the present objection. But I suggest the Senator clude smokeless powder. time. withhold modifying that because the Mr. BIDEN. As further evidence that Mr. BIDEN. Mr. President, I hope we Senator from Utah was required—he we are not just arriving at this as a follow the advice of the Senator. We has been on the floor the whole day. He means of a compromise, it was never know this is the right thing to do. We said he had to leave for 15 minutes. our intention to include smokeless know this is the right thing to do. And would I not take any action in his powder. I would read from, as further We know it is, as a minimum, worthy absence. So I suggest, and maybe the evidence of that although we did not of scientific study to determine wheth- Senator’s staff has already done this, make it absolutely clear, I would read er this can be done with efficacy. And make that language available to Sen- page 2 of the amendment, subsection we also know—I do not fully under- ator HATCH’s staff. Hopefully he can (e), the bottom, second-to-the-last-line stand, frankly—we also know there are agree to that. of the page. certain interests that do not want that to happen. Because they are fearful— But I ask her to withhold modifying Tracer elements to be added to explosive materials under provisions of this subsection the only thing I can conclude, Senator, her amendment which would require shall be of such character and in such quan- is they are fearful that the study will unanimous consent until he returns to tity as the Secretary may authorize or re- come forward and say, ‘‘Guess what? the floor and has had a chance to look quire, and such as will not substantially im- You can do this without in any way di- at it.

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7691 Mr. President, while the Senator Mr. KENNEDY. I urge the Senate to ings are particularly difficult crimes from California is doing that, I will re- support the Feinstein amendment to for law enforcement agencies to handle peat that in both instances, in the in- require that explosives be manufac- as the bomber is not usually near the stance of requiring tracers and study- tured with identifying chemical mark- scene of the crime, the physical evi- ing the capability of rendering prod- ers. dence is destroyed or damaged by the ucts which do not have a destructive These markers, called taggants, are detonation, and the materials nec- purpose but are able to be used for de- an essential tool for law enforcement essary to fabricate even a quite cata- structive purposes, to render them officials in the difficult effort to appre- strophic bomb are easily obtainable.’’ inert—that is incapable of being used hend terrorists who use bombs. The But cutting-edge technology offers for destructive purposes—that in both President has asked us to include this two ways to assist law enforcement in instances we are very concerned about provision in the pending bill, and we the difficult task of apprehending ter- safety. We do not want at any point should comply with his request. rorists. First, there are means to de- here, in attempting to create, elimi- Explosives are the weapon of choice tect explosives when they pass through nate, diminish the possibility of one for any criminal who wishes to kill and airports and other secure areas. And bad thing happening, to raise safety maim human beings indiscriminately. second, explosives can be manufactured concerns. So for those explosives with Nothing demonstrates this more stark- with chemical taggants that help in- potential—and I want to stress poten- ly than the tragedy in Oklahoma City, vestigators trace the source of the ma- tial—safety concerns, the Secretary of in which 168 people were killed by a terial after the explosion has occurred. Treasury can account for those con- bomb in a parked truck outside the The pending bill advances the first of cerns by establishing regulations. The building. The perpetrators of this atro- these two technologies by requiring point of this amendment is to improve cious crime caused more death and de- that explosives be manufactured with the safety of Americans. But it will not struction with an explosive device than detection agents that will trigger de- be done by risking the safety of manu- they could ever have accomplished tection devices at security check- facturers or people who lawfully use with even the most lethal firearm. points. This requirement implements explosives. This amendment accounts But Oklahoma City is just the tip of an international convention, and I for those concerns and addresses the the iceberg. Because of their destruc- commend the chairman of the Judici- underlying concern with illicit use of tive capacity, explosive devices have ary Committee for including this pro- explosives. been used repeatedly to perpetrate ter- vision in his substitute. I stress again the action just sug- rorist acts: But the pending bill does not include gested by the Senator from California On February 26, 1993, Islamic extrem- the second of these two technologies, is further evidence of the fact that we ists used a 1,200-pound bomb to dev- and the Feinstein amendment would are in no way suggesting an amend- astate several levels of one of the include it. It would give the Secretary ment that would diminish the safety of World Trade Center Buildings in New of the Treasury needed authority to re- anyone, the manufacturer or the per- York City. Six people were killed, and quire manufacturers of explosive mate- son who lawfully uses those materials. over a thousand were injured. rials to include taggants in their prod- I further note as it relates to precursor Explosives caused seven airline ucts. Experts within Federal law en- chemicals, we are not in any way sug- crashes between 1982 and 1989, includ- forcement say that the technology is gesting that any change be made prior ing Pan Am flight 103, in which 270 peo- feasible and appropriate, and President to a full-blown study. And the purpose ple, many of them Americans, were Clinton has asked Congress to give the of that study is to determine whether killed over Lockerbie, Scotland. Seven Treasury Department this enhanced or not we can be assured that we can Americans also died in a 1989 plane authority. The use of taggants has proved to be render these precursor chemicals inert, crash in Africa caused by an explosive a highly effective law enforcement tool without affecting their ability to be device. in Switzerland, where the government used effectively as designed for the In 1993, bomb attacks occurred in has already implemented the require- purpose for which they are manufac- every one of the 50 States, as well as in ment we are now debating. Swiss law the District of Columbia, Guam, and tured in the first instance. enforcement agencies credit taggants So I hope that when we get to this Puerto Rico. In Massachusetts, there with helping them to identify the amendment that no one will be dis- were 16 illegal explosive incidents that source of the explosive in 566 bombing suaded from voting for it. And I say to year, and 11 of those bombs detonated incidents over a 10-year period. The representatives of the NRA who are lis- before authorities could disable them. Swiss were able to apprehend a greater tening that it is not our intention in In the decade between 1984 and 1993, number of bombing suspects over this any way to make anything unsafe for Massachusetts had a total of 141 bomb- period by taking advantage of this new hunters, to in any way diminish or ings and 27 attempted bombings. Four technology. limit any right of any gun owner in people were killed, and 28 were injured This amendment provides law en- America, to in any way put any gun during that period. forcement with a needed technique to owner in America in any jeopardy Nationwide, 632 people were killed by trace the origin of bombs and arrest whatsoever. This is not a slippery bombs between 1989 and 1991. and convict the criminals who use slope. This is not the camel’s nose Of course, bombings are not always them. under the tent. This is not all those intended to result in largescale de- I commend the Senator from Cali- other things that are always stated struction. Explosives are sometimes fornia for her amendment and I urge when in fact we do anything at all that employed in criminal attacks against its adoption. impacts in any way upon firearms, am- specific individuals, as in the case of Mr. LEVIN. Mr. President, I support munition, or explosive material. the assassination of Federal Judge the Feinstein amendment to require There is no subagenda here. It is very Robert Vance several years ago. And the tagging of explosive materials to simple. We want to track down the bad since 1978, the so-called Unabomber has help law enforcement officials inves- guys who use explosives the wrong way killed 3 and injured 23 people with tigate and prevent terrorist bombings. for criminal purposes, and we want to deadly letter bombs delivered through The Hatch substitute amendment take that material that is sold over the the mail to his victims’ homes and of- contains a very narrow provision that counter for purposes totally unrelated fices. In 1993 alone, the postal service would require the use of taggants in to criminal activity or for explosive ca- detected 10 bombs in apparently unre- only one narrow category of explosive pability and determine whether or not, lated incidents. materials—plastic explosives. This is a after scientists study the issue, we can The perpetrators of these crimes mistake. I am convinced that we have safely render that explosive capability often evade capture and conviction, in the technology available today to in- inert, render it incapable being used in part because of the difficulty that law troduce taggants in a wide range of ex- an explosive compound, and in doing so enforcement officials face in tracing plosive materials. in no way diminish the purpose, the ef- the origin of explosive devices and In fact, the Congressional Research ficacy of the material for which it was components. As the Office of Tech- Service has informed me that Switzer- manufactured in the first place. nology Assessment has noted, ‘‘bomb- land had required the inclusion of

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7692 CONGRESSIONAL RECORD — SENATE June 5, 1995 taggants in explosive materials since forcement officials in detecting and de- COMMERCE IN EXPLOSIVES; LIST OF EXPLOSIVE at least 1980, when that country’s regu- terring terrorist acts. We should not MATERIALS lation on explosives was enacted. That repeat the mistake we made when we Pursuant to the provisions of Section law provides, in relevant part: deferred action on this provision in 841(d) of Title 18, United States Code, and 27 [Each] explosive must contain a tagging 1980. We should act now, by adopting CFR 55.23, the Director, Bureau of Alcohol, substance that permits the reliable tracing the Feinstein amendment. Tobacco and Firearms, must publish and re- of the origin [of the explosive] even after the Mr. BIDEN. I note that no one else is vise at least annually in the Federal Reg- ister a list of explosives determined to be explosion. The tagging substance requires seeking recognition. The hour of 6 the approval of the Central Office [of the within the coverage of 18 U.S.C. Chapter 40, o’clock is approaching. Importation, Manufacture, Distribution and Federal Prosecutor] which must consider Parliamentary inquiry: Is there a changing circumstances. Storage of Explosive Materials. This chapter time set for the first vote at this mo- covers not only explosives, but also blasting The New York Times recently re- ment? agents and detonators, all of which are de- ported that a Minneapolis company is The PRESIDING OFFICER. Yes. By fined as explosive materials in section 841(c) already in the business of manufac- unanimous consent, the time has been of Title 18, United States Code. Accordingly, turing taggants, which it sells pri- set for 6 o’clock. the following is the 1995 List of Explosive marily to Switzerland. According to Mr. BIDEN. The first vote will be on Materials subject to regulation under 18 the New York Times, the Swiss police what issue, Mr. President? U.S.C. Chapter 40, which includes both the have used these taggants to trace ex- The PRESIDING OFFICER. The mo- list of explosives (including detonators) re- plosives in more than 500 bombings and tion to table the amendment No. 1202. quired to be published in the Federal Reg- Mr. BIDEN. Amendment 1202 is the ister and blasting agents. The list is in- explosives seizure cases over the last 12 tended to also include any and all mixtures years. taggant amendment of the Senator containing any of the materials in the list. Mr. President, the technology needed from California. Materials constituting blasting agents are to introduce taggants into explosive The PRESIDING OFFICER. The marked by an asterisk. While the list is com- materials is neither new nor experi- amendment of the Senator from Cali- prehensive, it is not all inclusive. The fact mental. We have had the technology fornia. that an explosive material may not be on the available to us for more than 15 years. Mr. BIDEN. I thank the Chair. list does not mean that it is not within the As long ago as 1980, the Senate Govern- Again, I sincerely hope we do not coverage of the law if it otherwise meets the mental Affairs Committee considered a have to wait for another bombing, an- statutory definitions in section 841 of Title 18, United States Code. Explosive materials provision to require the use of taggants other horrendous loss of life, even an- other day before this body will act on are listed alphabetically by their common as part of the Omnibus Antiterrorism names followed by chemical names and syno- Act. Unfortunately, the provision was an issue that we have debated and dis- nyms in brackets. This revised list super- dropped in committee, by an 8 to 7 cussed since 1973, the first year that I sedes the List of Explosive Materials dated vote. came here. There is no hidden purpose January 7, 1994, (59 FR 1056) and will be effec- At that time, Assistant Secretary of in this amendment, none whatsoever. tive as of the date of publication in the Fed- the Treasury Richard Davis testified For the life of me, I cannot under- eral Register. that technology was already available stand how anyone would be against Acetylides of heavy metals. or would soon be available to tag a this amendment. Aluminum containing polymeric propellant. I yield the floor at this time. Aluminum ophorite explosive. wide range of explosive materials. Mr. Amatex. Davis provided the following timetable: Mrs. FEINSTEIN. If I may, Mr. Presi- dent, say to the Senator from Dela- Amatol. Black powder, October 1979; smokeless Ammonal. ware, we are prepared to move a modi- powder, July 1981; dynamites, water Ammonium nitrate explosive mixtures (cap gels and slurries, June 1979; fuse and fication to the amendment. We require sensitive). detonating cord, November 1979; deto- unanimous consent to be able to do so. *Ammonium nitrate explosive mixtures (non nators, June 1981, label method, Octo- I am hopeful that will be forthcoming. cap sensitive) Mr. BIDEN. Mr. President, the ma- ber 1981 (double plug method). Aromatic nitro-compound explosive mix- tures. In fact, the use of taggants during jority staff tells me that they are checking with Senator HATCH, who is Ammonium perchlorate explosive mixtures. the testing and research period pre- Ammonium perchlorate composite propel- ceding action on the bill produced an just off the floor, occupied in another matter at the moment. Also, there is a lant: arrest and conviction in Maryland. As Ammonium picrate [picrate of ammonia, Ex- need in order to get unanimous consent Senators Javits and Percy explained in plosive D]. the committee report: to amend the Senator’s amendment. Ammonium salt lattice with isomorphously There are two other individuals I am In a May 1979 bombing in Spring Point, substituted inorganic salts. Maryland in which one man was killed and told on the Republican side who are *ANFO [ammonium nitrate-fuel oil]. another injured, investigators searched being asked to check off. If we are not Baratol. through the debris and found the explosive able to get them prior to 6 o’clock, I Baronol. used contained taggants as part of a pilot will ask unanimous consent the vote be BEAF [1,2-bis(2,2-difluoro-2-nitroacetoxy- program. The taggants led police to a West postponed for 5 minutes. I will not do ethane)]. Black powder. Virginia explosives retailer, where they de- that now. Hopefully we will find that veloped a list of suspects. One of those sus- Black powder based explosive mixtures. out—to give us an opportunity to de- *Blasting agents, nitro-carbo-nitrates, in- pects knew the victim, providing a direct termine whether or not there will be link in the chain of evidence. In December cluding non cap sensitive slurry and 1979, a Baltimore jury convicted James agreement. I hope there will be no dis- water-gel explosives. McFillin as being guilty of manslaughter. It agreement on the Senator’s amend- Blasting caps. was the first time a court had admitted the ment because it makes crystal clear we Blasting gelatin. taggants as evidence. So, there should be no are not intending to deal with small Blasting powder. question in anyone’s mind that taggants arms, we are not intending to deal with BTNEC [(bis (trinitroethyl) carbonate]. work. Bulk salutes. those folks who are the stated reason BTNEN [(bis (trinitroethyl) nitramine]. Mr. President, the opponents of this for concern on the part of those who BTTN (1,2,4 butanetriol trinitrate. amendment claim that more study is are opposing this amendment. Butyl tetryl. needed before taggants can be used. Mrs. FEINSTEIN. If I might include Calcium nitrate explosive mixtures. That is a needless delay. Taggants have in the RECORD at this time perhaps, if Cellulose hexanitrate explosive mixture. been tested in this country and—even the Senator will yield, the Federal Chlorate explosive mixtures. in the limited test—led to an arrest Register, volume 60, No. 80, Depart- Composition A and variations. and conviction. They have been re- ment of the Treasury. This is a listing Composition B and variations. quired in Switzerland for more than 12 of those explosive materials that we Composition C and variations. Copper acetylide. years, and have proved helpful in hun- are dealing with precisely. So that will Cyanuric triazide. dreds of bombing and explosives cases be in the RECORD. Cyclotrimethylenetrinitramine [RDX]. over that period. There being no objection, the mate- Cyclotetramethylenetetranitramine [HMX]. Taggants are a proven technology rial was ordered to be printed in the Cyclonite [RDX]. which can significantly assist law en- RECORD, as follows: Cyclotol.

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7693 DATB [diaminotrinitrobenzene]. Liquid nitrated polyol and trimethyl- Silver fulminate. DDNP [diazodinitrophenol]. olethane. Silver oxalate explosive mixtures. DEGDN [diethyleneglycol dinitrate]. Liquid oxygen explosives. Silver styphnate. Detonating cord. Magnesium ophorite explosives. Silver tartrate explosive mixtures. Detonators. Mannitol hexanitrate. Silver tetrazene. Dimethylol dimethyl methane dinitrate MDNP [methyl 4,4-dinitropentanoate]. Slurried explosive mixtures of water, inor- composition. MEAN [monoethanolamine nitrate]. ganic oxidizing salt, gelling agent fuel Dinitroethyleneurea. Mercuric fulminate. and sensitizer (cap sensitive). Dinitroglycerine [glycerol dinitrate]. Mercury occalate. Smokeless powder. Dinitrophenol. Mercury tartrate. Sodstol. Dinitrophenolates. Metriol trinitrate. Sodium amatol. Dinitrophenyl hydrazine. Minol-Z [40% TNT, 40% ammonium nitrate, Sodium azide explosive mixture. Dinitroresorcinol. 20% aluminum]. Sodium dinitro-ortho-cresolate. Dinitrotoluene-sodium nitrate explosive MMAN [monomethylamine nitrate]; methyl- Sodium nitrate-potassium nitrate explosive mixtures. amine nitrate. mixture. DIPAM. Mononitrotoluene-nitroglycerin mixture. Sodium picramate. Dipicryl sulfone. Monopropellants. Special fireworks. Dipicrylamine. NIBTN [nitroisobutametriol trinitrate]. Squibs. Nitrate sensitized with gelled nitroparaffin. Display fireworks. Styphnic acid explosives. Nitrated carbohydrate explosive. DNDP [dinitropentano nitrile]. Tacot (tetranitro-2-3,5,6-dibenzo-1,3a,4,6a- Nitrated glucoside explosive. DNPA [2,2-dinitropropyl acrylate]. tetrazapentalene). Nitrated polyhydric alcohol explosives. Dynamite. TATB (triaminotrinitrobenzene). Nitrates of soda explosive mixtures. EDDN [ethylene diamine dinitrate]. TEGDN [triethylene glycol dinitrate]. Nitric acid and a nitro aromatic compound EDNA. Tetrazene [tetracene, tetrazine,] (5-tetrazo- explosive. Ednatol. lyl)-4-guanyl tetrazene hydrate). Nitric acid and carboxylic fuel explosive. EDNP [ethyl 4,4-dinitropeotanoate]. Tetranitrocarbazole. Nitric acid explosive mixtures. Tetryl [2,4,6 tetranitro-N-methylaniline]. Erythritol tetranitrate explosives. Nitro aromatic explosive mixtures. Esters of nitro-substituted alcohols. Tetrytol. Nitro compounds of furane explosive mix- Thickened inorganic oxidizer, salt slurried EGDN [ethylene glycol dinitrate]. tures. Ethyl-tetryl. explosive mixture. Nitrocellulose explosive. TMETN (trimethylolethane trinitrate). Explosive conitrates. Nitroderivative of urea explosive mixture. Explosive gelatins. TNEF [trinitroethyl formal]. Nitrogelatin explosive. TNEOC [trinitroethylothocarbonate]. Explosive mixtures containing oxygen re- Nitrogen trichloride. leasing inorganic salts and hydrocarbons. TNEOF [trinitroethylothoformate]. Nitrogen tri-iodide. TNT [trinitrotoluene, trotyl, trilte, triton]. Explosive mixtures containing oxygen re- Nitroglycerine [NG, RNG, nitro, glyceryl Torpax. leasing inorganic salts and nitro bodies. trinitrate, trinitroglycerine]. Tridite. Explosive mixtures containing oxygen re- Nitroglycide. Trimethylol ethyl methane trinitrate com- leasing inorganic salts and water insol- Nitroglycol (ethylene glycol dinitrate, position. uble fuels. EGDN). Trimethylolthane trinitrate-nitrocellulose. Explosive mixtures containing oxygen re- Nitroguanidine explosives. Trimonite. leasing inorganic salts and water soluble Nitroparaffins Explosive Grade and ammo- Trinitroanisole. fuels. nium nitrate mixtures. Trinitrobenzene. Explosive mixtures containing sensitized Nitronium perchlorate propellant mixtures. Trinitrobenzoic acid. nitromethane. Nitrostarch. Explosive mixtures containing tetranitro- Nitro-substituted carboxylic acids. Trinitrocresol. methane (nitroform). Nitrourea. Trinitro-meta-cresol. Explosive nitro compounds of aromatic hy- Octogen [HMX]. Trinitronaphthalene. drocarbons. Octol [75 percent HMX, 25 percent TNT]. Trinitrophenetol. Explosive organic nitrate mixtures. Organic amine nitrates. Trinitrophloroglucinol. Explosive liquids. Organic nitramines. Trinitroresorcinol. Explosive powders. PBX [RDX and plasticizer]. Tritonal. Flash powder. Pellet powder. Urea nitrate Fulminate of mercury. Penthrinite composition. Water bearing explosives having salts of oxi- Fulminate of silver. Pentolite. dizing acids and nitrogen bases, sulfates, Fulminating gold. Perchlorate explosive mixtures. or sulfamates (cap sensitive). Fulminating mercury. Peroxide based explosive mixtures. Water-in-oil emulsion explosive composi- Fulminating platinum. PETN [nitropentaerythrite, pentaerythrite tions. Fulminating silver. tetranitrate, pentaerythritol tetrani- Xanthamonas hydrophilic colloid explosive Gelatinized nitrocellulose. trate]. mixture. Gem-dinitro aliphatic explosive mixtures. Picramic acid and its salts. Mr. BIDEN. Mr. President, I suggest Guanyl nitrosamino guanyl tetrazene. Picrainide. the absence of a quorum. Guanyl nitrosamino guanylidene hydrazine. Picrate of potassium explosive mixture. The PRESIDING OFFICER. The Guncotton. Picratol. clerk will call the roll. Heavy metal azides. Picric acid (manufactured as an explosive). The assistant legislative clerk pro- Hexanite. Picryl chloride. ceeded to call the roll. Hexanitrodiphenylamine. Picryl fluoride. Hexanitrostilbene. PLX [95% nitromethane, 5% ethylene- Mr. HATCH. Mr. President, I ask Hexogen (RDX). diamine]. unanimous consent that the order for Hexogene or octogene and a nitrated N- Polynitro aliphatic compounds. the quorum call be rescinded. methylaniline. Polyolpolynitrate-nitrocellulose explosive The PRESIDING OFFICER. Without Hexolites. gels. objection, it is so ordered. HMX [cyclo-1,3,5,7-tetramethylene 2,4,6,8- Potassium chlorate and lead sulfocyanate AMENDMENT NO. 1202, AS MODIFIED tetranitramine; Octogen]. Hydrazinium explosive. Mr. HATCH. Mr. President, it is my nitrate/hydrazine/aluminum explosive Potassium nitrate explosive mixtures. system. Potassium nitroaminotetrazole. understanding, and I ask the Senator Hydrazoic acid. Pyrotechnic compositions. from California if she desires to modify Igniter cord. PYX (2,8-bis(picrylamino))-3,5- her amendment. Igniters. dinitropyridine. Mrs. FEINSTEIN. I do. Initiating tube systems. RDX [cyclonite, hexogen, T4, cyclo-1,3,5,- Mr. HATCH. I have no objection to KDNBF [potassium dinitrobenzo-furoxane]. trimethylene-2,4,5,-trinitramine; modifying the amendment. Lead azide. hexahydro-1,3,5-trinitro S-triazine]. Mrs. FEINSTEIN. May I proceed to Lead mannite. Safety fuse. do so? Lead mononitroresorcinate. Salutes, (bulk). Lead picrate. Salts of organic amino sulfonic acid explo- Mr. HATCH. That would be fine. Lead salts, explosive. sive mixture. Mrs. FEINSTEIN. Is the Senator Lead styphnate [styphnate of lead, lead Silver acetylide. from Delaware present? trinitroresorcinate]. Silver azide. Mr. BIDEN. I have no objection.

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7694 CONGRESSIONAL RECORD — SENATE June 5, 1995 The PRESIDING OFFICER. The Sen- (f) The penalties provided herein shall not Inouye McConnell Santorum ator from California. take effect until ninety days after the date Johnston Mikulski Sarbanes of promulgation of the regulations provided Kassebaum Moseley-Braun Shelby Mrs. FEINSTEIN. Mr. President, I Kempthorne Moynihan Simon for herein. send a modification to the desk. Kennedy Nickles Simpson The PRESIDING OFFICER. Is there Mr. BIDEN. Mr. President, I suggest Kerry Nunn Smith the absence of a quorum. Kohl Packwood Snowe objection to the modification to the Kyl Pell Specter amendment? The PRESIDING OFFICER. The Lautenberg Pressler Stevens Without objection, the amendment is clerk will call the roll. Levin Pryor Thomas so modified. The assistant legislative clerk pro- Lieberman Reid Thompson Lott Robb Thurmond The amendment (No. 1202), as modi- ceeded to call the roll. Mack Rockefeller Warner fied, is as follows: Mr. HATCH. Mr. President, I ask McCain Roth Wellstone On page 152, strike line 6 through line 17 on unanimous consent that the order for NOT VOTING—10 page 153, and insert the following: the quorum call be rescinded. Bradley Jeffords Murkowski SEC. . STUDY AND REQUIREMENTS FOR TAG- The PRESIDING OFFICER (Mr. Faircloth Kerrey Murray GING OF EXPLOSIVE MATERIALS, INHOFE). Without objection, it is so or- Gramm Leahy AND STUDY AND RECOMMENDA- Hatfield Lugar TIONS FOR RENDERING EXPLOSIVE dered. COMPONENTS INERT AND IMPOSING Mr. HATCH. I ask unanimous consent So the amendment (No. 1202), as CONTROLS ON PRECURSORS OF EX- that my motion to table the modified modified, was agreed to. PLOSIVES. Mr. BIDEN. Mr. President, I move to (a) the Secretary of the Treasury shall con- Feinstein amendment be vitiated. duct a study and make recommendations The PRESIDING OFFICER. Is there lay that motion on the table. concerning— objection? Without objection, it is so Mr. HATCH. Mr. President, I move to (1) the tagging of explosive materials for ordered. reconsider the vote. purposes of detection and identification; Mr. HATCH. Mr. President, I ask for The motion to lay on the table was (2) whether common chemicals used to the yeas and nays on the Feinstein agreed to. manufacture explosive materials can be ren- amendment. AMENDMENT NO. 1207 WITHDRAWN dered inert and whether it is feasible to re- quire it; and The PRESIDING OFFICER. Is there a Mr. BROWN. Mr. President, I ask (3) whether controls can be imposed on cer- sufficient second? unanimous consent to withdraw my tain precursor chemicals used to manufac- There is a sufficient second. amendment. ture explosive materials and whether it is The yeas and nays were ordered. The PRESIDING OFFICER. Without feasible and cost-effective to require it. VOTE ON AMENDMENT NO. 1202, AS MODIFIED objection, it is so ordered. In conducting the study, the Secretary So the amendment (No. 1207) was The PRESIDING OFFICER. The shall consult with other Federal, State and withdrawn. question occurs on agreeing to amend- local officials with expertise in this area and Mr. HATCH. Mr. President, I under- such other individuals as shall be deemed ment 1202, as modified, offered by the stand we can accept a few of the necessary. Such study shall be completed Senator from California [Mrs. FEIN- amendments. Senator DOLE has in- within twelve months after the enactment of STEIN]. The yeas and nays have been or- formed Members that is the last vote of this Act and shall be submitted to the Con- dered. The clerk will call the roll. gress and made available to the public. Such the day. Mr. LOTT. I announce that the Sen- study may include, if appropriate, rec- Mr. BIDEN. Mr. President, we are ommendations for legisation. ator from North Carolina [Mr. FAIR- trying to clear additional amendments. (b) There are authorized to be appropriated CLOTH], the Senator from Texas [Mr. We are prepared to accept the Press- for the study and recommendations con- GRAMM], the Senator from Oregon, [Mr. ler amendment, renaming a Federal tained in paragraph (a) such sums as may be HATFIELD], the Senator from Vermont necessary. building in his State. We are seeing [Mr. JEFFORDS], the Senator from Indi- whether we can clear additional (c) Section 842 of title 18, United States ana [Mr. LUGAR], and the Senator from Code, is amended by inserting after sub- amendments. Arkansas [Mr. MURKOWSKI] are nec- section (k), a new subsection (1) which reads While I have the floor, let me ask, as follows: essarily absent. the Senator from California, Senator ‘‘(1) It shall be unlawful for any person to Mr. FORD. I announce that the Sen- BOXER, was prepared to go with her manufacture, import, ship, transport, re- ator from New Jersey [Mr. BRADLEY], amendment tonight, but since that was ceive, possess, transfer, or distribute any ex- the Senator from Nebraska [Mr. the last vote, I would like to ask plosive material that does not contain a KERREY], the Senator from Vermont whether or not the chairman would ob- tracer element as prescribed by the Sec- [Mr. LEAHY], and the Senator from retary pursuant to regulation, knowing or ject to her being the first amendment Washington [Mr. MURRAY] are nec- having reasonable cause to believe that the tomorrow? explosive material does not contain the re- essarily absent. Mr. HATCH. I have no objection to quired tracer element.’’. I further announce that, if present that. Why do we not schedule that ‘‘(2) For purposes of this subsection, explo- and voting, the Senator from New Jer- right before the caucus meetings to- sive material does not include smokeless or sey, [Mr. BRADLEY] and the Senator morrow? black powder manufactured for uses set forth from Vermont [Mr. LEAHY] would each Mrs. BOXER. Mr. President, that is in section 845(a)(4)(5) of this chapter.’’ vote ‘‘aye.’’ perfect. (d) Section 844, of title 18, United States The PRESIDING OFFICER. Are there Code, is amended by inserting after ‘‘(a) Mr. BIDEN. Mr. President, I would be through (i)’’ the phrase ‘‘and (1).’’. any other Senators in the Chamber prepared to move Senator PRESSLER’s (e) Section 846 of title 18, United States who desire to vote? amendment regarding renaming the Code, is amended by designating the present The result was announced—yeas 90, Federal building, if that is appropriate. section as ‘‘(a),’’ and by adding a new sub- nays 0, as follows: The PRESIDING OFFICER. There section (b) reading as follows: ‘‘(b) to facili- [Rollcall Vote No. 234 Leg.] are two Pressler amendments. tate the enforcement of this chapter the Sec- Mr. BIDEN. Mr. President, I was re- retary shall, within 6 months after submis- YEAS—90 sion of the study required by subsection (a), Abraham Chafee Feinstein ferring to the Pressler amendment re- promulgate regulations for the addition of Akaka Coats Ford naming a Federal building. It is tracer elements to explosive materials man- Ashcroft Cochran Frist amendment numbered 1204. However, I Baucus Cohen Glenn have just been informed by the chair- ufactured in or imported into the United Bennett Conrad Gorton States. Tracer elements to be added to explo- Biden Coverdell Graham man of the committee of jurisdiction sive materials under provisions of this sub- Bingaman Craig Grams that he would like an opportunity to section shall be of such character and in Bond D’Amato Grassley look at that. Therefore, I withdraw my such quantity as the Secretary may author- Boxer Daschle Gregg request to act on Pressler amendment ize or require, and such as will not substan- Breaux DeWine Harkin tially impair the quality of the explosive Brown Dodd Hatch numbered 1204. Bryan Dole Heflin materials for their intended lawful use, ad- What I am saying is we do not have Bumpers Domenici Helms an amendment to clear at the moment. versely affect the safety of these explosives, Burns Dorgan Hollings or have a substantially adverse effect on the Byrd Exon Hutchison Mr. HATCH. Mr. President, I do not environment.’’. Campbell Feingold Inhofe have any authority to set a vote on the

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7695 Boxer amendment. I think we have to The President says he wants the bill the amendments will go relatively look at the amendment and go from passed. But this is all he says, ‘‘I want quickly and I think we will be able to there. Hopefully, that can be the first the bill passed.’’ We need some action. get time agreements on almost all of vote, if we can work it out. Tomorrow we will have a full day. We them. The PRESIDING OFFICER. The are not going to dispose of the 99 Several Senators addressed the Chair would observe that the pending amendments tomorrow or 85 or 75 Chair. amendment is No. 1206, offered by the amendments. We would be prepared to Mr. DOLE. Mr. President, let me just Senator from Utah on behalf of Sen- exchange lists. We have been able to reply. We understand we have maybe ator SPECTER. eliminate many of ours. If the Demo- five amendments. The Senator is say- Mr. HATCH. As I understand it, crats are willing to give what they ing he has, still, 20 on that side? maybe we can accept that amendment have, we will know if we have a chance Mr. BIDEN. I ask my staff how many if it is permissible on the part of the of completing this tomorrow. If not, I amendments we have on the Demo- minority. would like to move to the tele- cratic side left? Mr. BIDEN. Mr. President, there are communications bill. I am told we have 15 to 20. We can two committee members that have a We have accepted four or five minor give a closer estimate, but I suspect at hold on this amendment. I am not sure amendments. That is about all we have least a third of those amendments are it will not be able to be accepted, but gotten today. I am glad we accepted place holders that are not likely to be I cannot clear it at this moment. those rather than have 95–0 votes. moved at all. But one thing for sure, AMENDMENT NO. 1204 Some of our colleagues returned today the list is decreasing, not increasing. Mr. BIDEN. Mr. President, the Sen- thinking there would be multiple I was asked by the Democratic leader ator who had objected to moving to votes. I obviously cannot manufacture if we thought we could finish this bill consider Pressler amendment num- votes, unless we just have Sergeant-at- by tomorrow night. I believe we can bered 1204 has now withdrawn his ob- Arms votes. I am not trying to punish finish it by tomorrow night, at least jection. anybody. We need to finish this bill, the amendments by tomorrow night. We, on the Democratic side, are pre- the President says so. Everybody says Hopefully we will not move into pared to accept Pressler amendment so. Wednesday on this legislation. I cer- numbered 1204. How many amendments do we have tainly want to move it. Thus far I have The PRESIDING OFFICER. The left: 80? 50? 60? 100? seen cooperation on both sides to move question is on agreeing to the amend- Mr. BIDEN. Mr. President, I say to contentious amendments. ment. the majority leader, I think we have The PRESIDING OFFICER. The The amendment (No. 1204) was agreed about 20 amendments left. I expect Democratic leader. to. that by midday tomorrow we will have Mr. DASCHLE. Mr. President, let me Mr. HATCH. Mr. President, I move to fewer than that left. commend the ranking member and reconsider the vote. I might point out to the majority chairman on the work they have done Mr. BIDEN. Mr. President, I move to leader that two of the four amend- on the last couple of legislative days lay that motion on the table. ments accepted, when we met last, we have been on this bill. This is really The PRESIDING OFFICER. Without there was no possibility of them being just the second day we have been on objection, it is so ordered. accepted. They were two of the six the bill. As everyone recalls, this is not Mr. HATCH. Mr. President, I wonder major amendments that the Demo- a piece of legislation that went if the distinguished Senator from Dela- cratic side felt were essential to be in- through committee. We did not have ware is prepared to accept the Smith cluded in the Republican core bill. the opportunity to review any of it in amendment, which appears to be a Although we did accept them and a committee. So even though the issue technical amendment. they turned out to be overwhelming was subject to hearings, there was no Mr. BIDEN. Mr. President, at this votes—taggants—when I spoke this specific hearing on this particular bill. moment, we are trying to clear the time before we adjourned, I said the We only had the opportunity to see it Smith amendment and several others. I taggant amendment and the amend- about a day prior to the time we re- am not in a position to clear any ment that the Senator from California cessed. Everyone now has, clearly, read amendment at this moment. We are had regarding the distribution of mate- the bill and had the opportunity to running that down right now. rial on how to build explosive devices If the Senator could withhold for a study it. So as a result, I think some of were two of the most contentious few minutes. the amendments that were anticipated Mr. HATCH. Mr. President, I suggest amendments, and they were so adver- may no longer be required. the absence of a quorum. tised at the time. They had been But this is not a simple bill. This is The PRESIDING OFFICER. The worked out through the cooperation of not a small matter. This is a far-reach- clerk will call the roll. Senator HATCH and the Republican ing piece of legislation that deserves The legislative clerk proceeded to side. So I do not want the Senator, the our consideration. I think, given that, call the roll. leader, to think we have only been it is all the more remarkable that per- Mr. DOLE. Mr. President, I ask that dealing with those things, with the haps in a period of the next 48 hours, the order for the quorum call be re- easiest things on the list. The big maybe less than that, substantially scinded. items left on the list are some gun-re- less than that, we will be able to com- The PRESIDING OFFICER. Without lated amendments and the habeas cor- plete our work. objection, it is so ordered. pus amendments. We are ready to go at Senators have legitimate concerns Mr. DOLE. Mr. President, the man- those starting first thing in the morn- that have to be addressed in the form agers have been accepting some of ing. I imagine we will be joined, for ex- of amendments. They will be addressed. these amendments. I would like to get ample, by the Senator from New Jer- They are cooperating on our side. As some idea of how many are left. sey, who has an amendment on doing the ranking member said, I think there We started off this morning with 99, away with the $25 million program the is a reasonable expectation we can and I do not know whether we are down Defense Department makes available bring that list down even more. People to 90, 85, 25, or 10. There will be a clo- for ammunition for target practice. He are cooperating, and I think together ture vote. If we cannot get consent to is willing to agree to a half-hour on we can work this thing through and be vote tomorrow, it will be early on that amendment. I do not think we are finished certainly within the next cou- Wednesday morning. going to take very much time on the ple of days at the latest. One way or the other, we are going to remaining very controversial amend- The PRESIDING OFFICER. The ma- dispose of this bill. If people are not ments. jority leader. willing to offer their amendments, we I cannot say to the Senator what one Mr. DOLE. Mr. President, I thank the cannot work them out—it is only 6:30 or two people on either side may do Democratic leader. I hope that is an ac- and we thought we would be here late based on what the final outcome of the curate assessment. We would like to tonight. Obviously, no one wants to habeas corpus vote is, or a gun vote is. finish the bill tomorrow night and stay. I do not know. But I think disposing of start on telecommunications on

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7696 CONGRESSIONAL RECORD — SENATE June 5, 1995 Wednesday. I made promises, in effect, here prepared at 9:45 to offer the from the President of the United to Senators PRESSLER and HOLLINGS amendment? Can we perhaps incor- States submitting sundry nominations that we would take it up. I am not cer- porate that into a unanimous consent which were referred to the appropriate tain we will even have five amend- so we can make sure it is the business committees. ments offered. This is a bill the Presi- at hand? (The nominations received today are dent wants very much. It would seem Mr. BIDEN. Mr. President, I ask printed at the end of the Senate pro- to me, on the other side, if they have 20 unanimous consent the first amend- ceedings.) amendments, maybe they would be ment tomorrow be the amendment of willing to forgo offering all those on the Senator from California, Senator f this bill unless they relate to this bill BOXER. MEASURES PLACED ON THE or toughen this bill or somehow The PRESIDING OFFICER. Without CALENDAR strengthen this bill. objection, it is so ordered. It is important legislation, there is Mrs. BOXER. I thank my colleague. The following bill was read the sec- no question about it. Nobody knows Mr. HATCH. I suggest to my distin- ond time and placed on the calendar: how important it is any more than the guished colleague from California, if H.R. 1045. An Act to amend the Goals 2000: Presiding Officer, Senator INHOFE, and she will work with us on the amend- Educate America Act to eliminate the Na- Senator NICKLES, from Oklahoma. We ment it might not be as difficult as it tional Education Standards and Improve- want to look back on it a year from might be. So I would like to chat with ment Council, and for other purposes. her and see what we can do. now and say we did the right thing, we f just did not do something in the emo- Mrs. BOXER. I will be glad to do tion of the moment that might infringe that. REPORTS OF COMMITTEE on somebody’s constitutional rights a Mr. HATCH. Mr. President, I suggest the absence of a quorum. The following reports of committee year from now or 10 years from now. were submitted: But I think there is basic agreement. The PRESIDING OFFICER. The As I just listen to the two managers clerk will call the roll. By Mr. ROTH, from the Committee on The legislative clerk proceeded to Governmental Affairs: Special report enti- here it seems to me Senator BIDEN and call the roll. tled ‘‘Fourth Interim Report on United Senator HATCH have a pretty good grip Mr. LOTT. Mr. President, I ask unan- States Government Efforts to Combat Fraud on what they would like to accomplish. imous consent that the order for the and Abuse in the Insurance Industry: Prob- Hopefully we will work together to- quorum call be rescinded. lems in Blue Cross/Blue Shield Plans in West morrow. Maybe we can get it done to- Virginia, Maryland, Washington, DC, New The PRESIDING OFFICER. Without York, and Federal Contracts’’ (Rept. 104–93). morrow night, late. objection, it is so ordered. We did not quite get it done on Me- f morial Day but at least we made the f effort. There is no way you can com- EXTENDED USE OF MEDICARE EXECUTIVE REPORTS OF plete it with 97 amendments out there, SELECTED POLICIES COMMITTEES 67 on that side and 30-some on this side. Mr. LOTT. Mr. President, I ask that So we have it down to a total of 20. The following executive reports of the Chair lay before the Senate a mes- committees were submitted: Maybe some of those are not—I do not sage from the House on H.R. 483, the say they are not serious amendments— By Mr. ROTH, from the Committee on Medicare select bill. Governmental Affairs: maybe what we call around here, place The PRESIDING OFFICER laid be- holders. Robert F. Rider, of Delaware, to be a Gov- fore the Senate a message from the ernor of the United States Postal Service for It seems to me if we start fairly early House of Representatives announcing the term expiring December 8, 2004. tomorrow morning we can complete ac- its disagreement to the amendment of (The above nomination was reported tion on the bill tomorrow night. the Senate to the bill (H.R. 483) to Mr. BIDEN. I hope so. with the recommendation that he be amend title XVIII of the Social Secu- confirmed.) Mr. DOLE. Is that possible? rity Act to permit Medicare select poli- Mr. BIDEN. Mr. President, I think cies to be offered in all States, and for f that is true. Again, I do not think we other purposes, and requesting a con- are going to have trouble finishing the ference with the Senate on the dis- INTRODUCTION OF BILLS AND amendments. I think the outcome of agreeing votes of the two Houses there- JOINT RESOLUTIONS the amendments may affect what one on. The following bills and joint resolu- or two people on your side or one or Mr. LOTT. Mr. President, I move the tions were introduced, read the first two people on my side might end up Senate insist on the Senate amend- and second time by unanimous con- doing. But my guess there as well is if ment and agree to a conference on the sent, and referred as indicated: we finish these amendments we will go disagreeing votes of the two Houses By Mr. DASCHLE: to final passage and there will not be and the Chair be authorized to appoint much in the way of that. But I cannot S. 879. A bill to amend the Wild and Scenic conferees. Rivers Act to limit acquisition of land on the make a promise to the leader on that. The motion was agreed to; and the 39-mile headwaters segment of the Missouri Mr. DOLE. Is there anything else to Presiding Officer appointed Mr. PACK- River, Nebraska and South Dakota, des- do this evening? Any other amend- WOOD, Mr. DOLE, and Mr. MOYNIHAN ignated as recreational river, to acquisition ments that can be dealt with? conferees on the part of the Senate. from willing sellers; to the Committee on Mr. HATCH. I think it is better for us Mr. LOTT. Mr. President, I would Energy and Natural Resources. this evening to work on what we are By Mrs. HUTCHISON: like to note that this has been cleared S. 880. A bill to enhance fairness in com- going to do tomorrow, come in early with the leadership on the other side of and do our very best to finish this by pensating owners of patents used by the the aisle. I do have a unanimous-con- United States; to the Committee on the Ju- tomorrow night. I really appreciate the sent request now. diciary. good will on the part of the minority f By Mr. PRYOR (for himself and Mr. here to work with us and get this done. GRASSLEY): But I would like to finish it by tomor- MESSAGES FROM THE PRESIDENT S. 881. A bill to amend the Internal Rev- row night if we can. If it means getting Messages from the President of the enue Code of 1986 to clarify provisions relat- into the habeas amendments pretty United States were communicated to ing to church pension benefit plans, to mod- early tomorrow, it means getting into the Senate by Mr. Thomas, one of his ify certain provisions relating to partici- pants in such plans, to reduce the com- the difficult amendments. secretaries. Hopefully, once we resolve those one plexity of and to bring workable consistency f to the applicable rules, to promote retire- way or the other, we can move ahead EXECUTIVE MESSAGES REFERRED ment savings and benefits, and for other pur- to final passage. poses; to the Committee on Finance. Mrs. BOXER. Will the Senator yield As in executive session, the Presiding By Mr. PRESSLER (for himself and for a question? Shall the Senator be Officer laid before the Senate messages Mr. DASCHLE):

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7697 S. 882. A bill to designate the Federal nent domain.’’ It may do so, however, in each case would be scrutinized by building at 1314 LeMay Boulevard, Ellsworth only upon paying the ‘‘just compensa- the Claims Courts to assure that they Air Force Base, South Dakota, as the tion’’ required by the fifth amendment were reasonable, of course, but to the ‘‘Cartney Koch McRaven Child Development to the Constitution. The principle ap- extent they were reasonable they could Center,’’ and for other purposes; to the Com- mittee on Environment and Public Works. plies to the taking of intellectual prop- be recovered. erty—like patents—as well as tangible This problem should have been cor- f property. Statutory application of this rected long ago—when it first became SUBMISSION OF CONCURRENT AND principle to the taking of patent rights apparent that court interpretations SENATE RESOLUTIONS is found in the part of section 1498(a) of would not permit inventors to obtain a The following concurrent resolutions Title 28 that provides: complete recovery. To continue this in- and Senate resolutions were read, and Whenever an invention . . . covered by a equity would be a serious disservice to referred (or acted upon), as indicated: patent . . . is used . . . by . . . the United some of our most productive inventors, States without a license of the owner . . ., By Mr. SPECTER (for himself and Mr. and to some of our best companies in the owner’s remedy shall be by action INHOFE): important industries. We need to be S. Res. 128. A resolution prohibiting the against the United States in the United fair with those inventors and compa- use of United States Ground Forces in Bos- States Claims Court for the recovery of his nies in order to encourage innovation nia-Hercegovina; to the Committee on For- reasonable and entire compensation for such use.... and make our country more competi- eign Relations. tive. This bill would help assure the f It might logically be supposed that necessary fairness. the constitutional requirements of STATEMENTS ON INTRODUCED ‘‘just compensation’’ and the statutory By Mr. PRYOR (for himself and BILLS AND JOINT RESOLUTIONS requirements of ‘‘reasonable and entire Mr. GRASSLEY): By Mrs. HUTCHISON: compensation’’ would assure that an S. 881. A bill to amend the Internal S. 880. A bill to enhance fairness in inventor will not suffer a loss when the Revenue Code of 1986 to clarify provi- compensating owners of patents used Government takes his invention for sions relating to church pension ben- by the United States; to the Com- public use. Unfortunately, logic and efit plans, to modify certain provisions mittee on the Judiciary. practice do not always keep pace with relating to participants in such plans, LEGISLATION ENHANCING FAIRNESS IN THE one another. The inventor does suffer to reduce the complexity of and to COMPENSATION OF PATENT OWNERS loss—the costs of his lawsuit—and that bring workable consistency to the ap- Mrs. HUTCHISON. Mr. President, I loss can be significant. plicable rules, to promote retirement am introducing a bill today to provide The current situation may be sum- savings and benefits, and for other pur- fairness to our Nation’s inventors. As marized as follows: In order to obtain poses; to the Committee on Finance. the law is now written, inventors any compensation at all under section CHURCH RETIREMENT BENEFITS SIMPLIFICATION whose patents are taken for use by the 1498, an inventor must initiate a law- ACT Federal Government have only one re- suit against the Government. After Mr. PRYOR. Mr. President, I am course to obtain compensation—they succeeding in such a suit, he becomes pleased to introduce today the Church are compelled by statute to bring a entitled to receive ‘‘reasonable and en- Retirement Benefits Simplification lawsuit against the Government. Under tire compensation.’’ But the inventor Act of 1995, legislation which I also in- court interpretations, they are forced then finds that, under current court in- troduced and held hearings on in the to bear all costs of the lawsuit, even terpretations, he cannot recover any of 101st, 102d, and 103d Congresses. This when they win their case. This bill the expenses, including the witnesses’ act provides much needed clarification would permit patent holders whose travel costs and reasonable attorneys’ of the rules that apply to church re- claims are upheld to be reimbursed, as fees, that he incurred as a result of tirement and welfare benefit plans and well, for their reasonable costs. having to pursue the civil action. The brings consistency to those rules. In In 1982, when the U.S. Claims Court expenses are, in effect, deducted from addition, the act resolves significant was created, the Congress made signifi- that sum established to be fair com- problems churches face in admin- cant improvements in the existing law pensation. In short, Government re- istering their retirement and welfare concerning claims against the Govern- quires the victim of its taking to sue to benefit programs under current law. ment. It did not, however, give consid- recover his losses, forces him person- In developing this important legisla- eration to the fairness of the existing ally to bear all his costs in under- tion, we have worked closely with lead- statutes that require payment of com- taking the suit, and leaves him with ers of the pension boards of 30 mainline pensation to persons whose patent compensation that represents less than Protestant and Jewish denominations rights are taken for national defense or the true value of the property taken. and a Catholic religious order. The em- other purposes. The Congress simply This result is less than ‘‘just’’ and cer- ployee benefit programs of these main- carried over the existing provisions of tainly is less than ‘‘reasonable and en- line denominations and order are section 1498(a) of title 28, requiring tire.’’ among the oldest programs in our ‘‘reasonable and entire compensation’’ The courts have generally taken the country. Several date from the 1700’s, for the taking of patent rights. Those position that if Congress had intended and their median age is in excess of 50 provisions—fair on the surface—dated to include reimbursement of reason- years. These programs provide retire- from the time of World War I. In the able costs and attorneys’ fees within ment and welfare benefits for several years since World War I, however, the the term ‘‘reasonable and entire com- hundred thousand clergy and lay work- statutory language has been applied by pensation’’ it should have said so spe- ers employed by thousands of churches the courts in a manner that produces a cifically. and church ministry organizations serious inequity. That is what this bill does—it says so serving the spiritual needs of literally The problem arises most frequently specifically. It would authorize ex- millions of members. in cases involving an inventor whose pressly the recovery of reasonable Church retirement benefits programs rights have been infringed by a defense costs by an inventor who is forced by began in recognition of a denomina- contractor. In such a case, the statute statute to litigate against the Govern- tion’s mission to care for its church provides that the inventor’s only rem- ment in order to obtain compensation. workers in their advanced years. Sev- edy is an action in the U.S. Claims It would permit the inventor to recover eral church retirement and welfare Court against the Government—the all his reasonable costs—including wit- benefit programs were initially formed beneficiary of the defense contractor’s nesses’ fees and travel costs, attorneys’ to provide relief and benefits for re- infringement—on the theory that, indi- fees, charges by accountants and other tired, disabled, or impoverished min- rectly, the Government has taken the experts, costs of employee time in re- isters and families as particular cases patent rights for public use. viewing records and otherwise pre- of need were identified. As time passed, The Government is authorized to paring for the suit, court costs, and all church denomination began to provide take private property, for the benefit related expenditures incurred as a re- for the retirement needs of their min- of the public, under the power of ‘‘emi- sult of bringing the lawsuit. The costs isters and lay workers on a current and

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7698 CONGRESSIONAL RECORD — SENATE June 5, 1995 systematic basis. Today, church retire- A 1993 study by Independent Sector, a prior to the enactment of the Em- ment and welfare benefit programs pro- national membership organization ployee Retirement Income Security vide benefits for ministers and lay composed of over 600 tax-exempt orga- Act of 1974. workers employed in all forms of pas- nizations and corporate philanthropy The act also would resolve a number toral, healing, teaching, and preaching departments, indicated that approxi- of other problems many church pension ministries and missions, including, mately half the funds contributed to boards face under current law. For ex- among others, local churches, sem- churches is used in service to others. ample, under present law there is a inaries, old-age homes, orphanages, Religious congregations are the pri- question as to whether self-employed mission societies, hospitals, univer- mary voluntary service providers for ministers and chaplains who work for sities, church camps and day care cen- neighborhoods. Ninety-two percent of nonchurch employers are able to par- ters. religious congregations have one or ticipate in their denomination’s retire- Mr. President, the goal of the act is more programs in human services. ment and welfare benefit programs. to clarify the rules that apply to Three-fifths of religious congregations The act would make it clear that such church employee benefit plans. Under offer family counseling, and more than ministers may participate in such pro- current law, these rules are generally one-third—almost 40 percent—give grams. lengthy and complex and are, for the means or shelter to the poor. Some 74 The act would also: most part, designed for for-profit, com- percent donate for international relief Make it clear that the portion of a mercial employers. Most denomina- or missionary activity, and almost 90 retired minister’s pension which is tions are composed of thousands of percent sponsor hospices, health pro- treated as parsonage allowance is not work units, each having only a few em- grams, hospitals, or provide for the dis- subject to Self Employment Contribu- ployees, and the budgets of these work abled, retarded, or people in crises. The tion Act, or SECA, taxes; units are marginal at best. These orga- Independent Sector study indicated For the first time, subject church nizations rely almost completely on that in 1991 religious congregations plans to definite, objective vesting contributions from the offering plate made $6.6 billion in direct grants to schedules; Solve several church employer aggre- to support their missions, including other groups and gave $15.9 billion for the salaries and retirement and welfare gation problems; education, human services and health Provide relief that will result in bet- benefits of their ministers and lay programs. These figures are well be- workers. Unlike for-profit business en- ter retirement income for foreign mis- yond the giving of all U.S. foundations tities, churches cannot pass operating sionaries; and corporations combined. Simplify the required distribution costs on to customers by raising prices. It is my view that the Congress Churches are also much more loosely rules that apply to church retirement should do everything possible to ensure structured than most for-profit busi- plans; that churches can continue to maxi- ness organizations, and many denomi- Eliminate an unworkable require- mize their contributions toward these nations cannot impose requirements on ment under the so-called section 403(b) important missions and ministries, their constituent parts. For example, catch-up contribution rules; and rather than paying for costs of com- hierarchically organized denomina- Make relief granted under section 457 plying with rules that are unworkable tions may be able to control the provi- consistent with coverage relief pro- or not needed for church employee ben- sion of employee benefits to ministers posed for church retirement and wel- and lay workers, while in congrega- efit plans. fare benefit plans. The cornerstone of the act is a re- tional denominations, such control is Mr. President, I ask unanimous con- codification of the rules applicable to typically more difficult. sent that the bill be printed in the In addition, churches are tax-exempt church retirement plans so that all of RECORD. and, unlike for-profit business organi- such rules in the Internal Revenue There being no objection, the bill was zations, have no need for tax deduc- Code are identified, simplified, and sep- ordered to be printed in the RECORD, as tions. Churches and church ministry arated from the rules that apply to for- follows: organizations therefore lack the incen- profit employers. Retirement plan S. 881 tive of for-profit employers to maxi- issues unique to churches will thus not Be it enacted by the Senate and House of Rep- mize either the amount of the employ- be inadvertently affected when Con- resentatives of the United States of America in er’s tax deduction or the amount of in- gress is considering future Code Congress assembled, come which the highly compensated changes which are applicable to for- SECTION 1. SHORT TITLE; AMENDMENT OF 1986 profit employers but not appropriate CODE. employees who control a for-profit (a) SHORT TITLE.—This Act may be cited as business can shelter from current tax- for churches. The act would also ensure that the ‘‘Church Retirement Benefits Simplifica- ation through plan contributions and tion Act of 1995’’. church retirement plans, whether de- tax-free fringe or welfare benefits. (b) AMENDMENT OF 1986 CODE.—Except as Mr. President, retirement and em- scribed in the new proposed section otherwise expressly provided, whenever in ployee benefit tax laws do not always 401A—applicable only to those church this Act an amendment or repeal is ex- take the difference between churches section 401(a) plans that affirmatively pressed in terms of an amendment to, or re- decide to be subject to it—or section peal of, a section or other provision, the ref- and for-profit employers into account, erence shall be considered to be made to a with the result that churches have had 403(b), are subject to the same coverage and related rules. In 1986, Congress de- section or other provision of the Internal to divert a significant amount of time Revenue Code of 1986. termined that the section 403(b) plans and resources from their religious mis- SEC. 2. NEW QUALIFICATION PROVISION FOR sion and ministries in attempting to of churches and so-called qualified CHURCH PLANS. identify and comply with rules that in church controlled organizations should (a) IN GENERAL.—Subpart A of part I of many instances are unworkable or sim- not be subjected to coverage and re- subchapter D of chapter 1 (relating to pen- ply not needed for church employee lated rules. The act would extend this sion, profit-sharing, stock bonus plans, etc.) same relief to church section 401(a) is amended by adding after section 401 the benefit plans. following new section: If the act becomes law, the reduction plans and would also eliminate the troublesome qualified church con- ‘‘SEC. 401A. QUALIFIED CHURCH PLAN. in administrative burdens and con- ‘‘(a) GENERAL RULE.—For purposes of all sequent savings in related costs now trolled organization approach in favor Federal laws, including this title, a qualified imposed on churches and church min- of a provision that only subjects church plan shall be treated as satisfying the istry organizations will outweigh any church-related hospitals and univer- requirements of section 401(a), and all ref- possible gain from an employee bene- sities to applicable coverage and re- erences in (or pertaining to) this title and fits policy perspective. Unlike the for- lated rules. The act, consistent with such laws to a plan described in section profit sector where cost savings result the law that now applies to church sec- 401(a) shall include a qualified church plan. in a better bottom line for share- tion 401(a) plans, would also clarify Except as otherwise provided in this section, that the coverage rules that will apply no paragraph of section 401(a) shall apply to holders, savings in the church sector a qualified church plan. will find their way into missions and to the section 403(b) programs of ‘‘(b) DEFINITION OF QUALIFIED CHURCH ministries that help people who need church-related hospitals and univer- PLAN.—A plan is a qualified church plan if help. sities are those that were applicable such plan meets the following requirements:

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‘‘(1) CHURCH PLAN REQUIREMENT.—The plan ‘‘(A) such organization is subject to fidu- the applicable requirements of section 401(a) is a church plan (within the meaning of sec- ciary requirements under applicable State of such Code for any year beginning prior to tion 414(e)), and the election provided by sec- law; January 1, 1995. tion 410(d) has not been made with respect to ‘‘(B) such organization is separately incor- such plan. porated from the church or convention or as- SEC. 3. RETIREMENT INCOME ACCOUNTS OF CHURCHES. ‘‘(2) EMPLOYEE CONTRIBUTIONS ARE NON- sociation of churches which controls it or FORFEITABLE.—An employee’s rights in the with which it is associated; (a) IN GENERAL.—Section 403(b)(9) is employee’s accrued benefit derived from the ‘‘(C) the assets which equitably belong to amended to read as follows: employee’s own contributions are nonforfeit- the plan are separately accounted for; and ‘‘(9) RETIREMENT INCOME ACCOUNTS PRO- able. ‘‘(D) under the plan, at any time prior to VIDED BY CHURCHES, ETC.— ‘‘(3) VESTING REQUIREMENTS.—The plan sat- the satisfaction of all liabilities with respect ‘‘(A) AMOUNTS PAID TREATED AS CONTRIBU- isfies the requirements of subparagraph (A) to participants and their beneficiaries, such TIONS.—For purposes of this title— or (B). assets cannot be used for, or diverted to, pur- ‘‘(i) a retirement income account shall be ‘‘(A) 10-YEAR VESTING.—A plan satisfies the poses other than for the exclusive benefit of treated as an annuity contract described in requirements of this paragraph if an em- participants and their beneficiaries (except this subsection, and ployee who has at least 10 years of service that this paragraph shall not be construed to ‘‘(ii) amounts paid by an employer de- has a nonforfeitable right to 100 percent of preclude the use of plan assets to defray the scribed in paragraph (1)(A) or by a church or the employee’s accrued benefit derived from reasonable costs associated with admin- a convention or association of churches, in- employer contributions. istering the plan and informing employees cluding an organization described in section ‘‘(B) 5- TO 15-YEAR VESTING.—A plan satis- and employers of the availability of the 414(e)(3)(A) or 414(e)(3)(B)(ii), to a retirement fies the requirements of this paragraph if an plan). income account shall be treated as amounts employee who has completed at least 5 years ‘‘(3) CERTAIN SECTIONS APPLY.—Section 401 contributed by the employer for an annuity of service has a nonforfeitable right to a per- (b), (c), and (h) shall apply to a qualified contract for the employee on whose behalf centage of the employee’s accrued benefit de- church plan. such account is maintained. rived from employer contributions which is ‘‘(4) FAILURE OF ONE ORGANIZATION MAIN- ‘‘(B) RETIREMENT INCOME ACCOUNT.—For not less than the percentage determined TAINING PLAN NOT TO DISQUALIFY PLAN.—If purposes of this paragraph, the term ‘retire- under the following table: one or more organizations maintaining a ment income account’ means a program es- Nonforfeitable church plan fail to satisfy the requirements tablished or maintained by a church, a con- ‘‘Years of service percentage of subsection (b), such plan shall not be 5 ...... 25 vention or association of churches, including treated as failing to satisfy the requirements 6 ...... 30 an organization described in section 7 ...... 35 of this section with respect to other organi- 414(e)(3)(A), to provide benefits under this 8 ...... 40 zations maintaining such plan. subsection for an employee described in 9 ...... 45 ‘‘(5) CERTAIN EMPLOYEES NOT CONSIDERED 10 ...... 50 paragraph (1) or an individual described in HIGHLY COMPENSATED AND EXCLUDED EMPLOY- 11 ...... 60 paragraph (13)(F), or their beneficiaries.’’ 12 ...... 70 EES.—For purposes of this section, no em- 13 ...... 80 ployee shall be considered an officer, person (b) EFFECTIVE DATES.— 14 ...... 90 whose principal duties consist in supervising (1) IN GENERAL.—The amendment made by 15 or more ...... 100. the work of other employees, or highly com- this section shall be effective for years be- ‘‘(C) YEARS OF SERVICE.—For purposes of pensated employee if such employee during ginning after December 31, 1994. this paragraph, an employee’s years of serv- the year or the preceding year received com- (2) PRIOR YEARS.—A church plan (within ice shall be determined in accordance with pensation from the employer of less than the meaning of section 414(e)) shall not be any reasonable method selected by the plan $50,000. For purposes of this section, there deemed to have failed to satisfy the applica- administrator. shall be excluded from consideration employ- ble requirements of section 403(b) for any ‘‘(4) FUNDING REQUIREMENTS.—The plan ees described in section 410(b)(3)(A). The Sec- meets the funding requirements of section year beginning prior to January 1, 1995. retary shall adjust the $50,000 amount under 401(a)(7) as in effect on September 1, 1974. this paragraph at the same time and in the SEC. 4. CONTRACTS PURCHASED BY A CHURCH. ‘‘(5) ADDITIONAL REQUIREMENTS.— same manner as under section 415(d). (a) CLARIFICATION OF APPLICABLE NON- ‘‘(A) The plan meets the requirements of ‘‘(6) TIME FOR DETERMINATION OF APPLICA- DISCRIMINATION REQUIREMENTS.—Subpara- paragraphs (1), (2), (8), (9), (16), (17), (25), (27), BLE LAW.—Except where otherwise specified, and (30) of section 401(a). graph (D) of section 403(b)(1) is amended to the determination of whether a plan meets ‘‘(B) If the plan includes employees of an read as follows: the requirements of subsection (b) shall be organization which is not a church, the plan ‘‘(D) except in the case of a contract pur- made in accordance with the provisions of meets the requirements of sections 401(a)(3) chased by a church, such contract is pur- this title as in effect immediately following and 401(a)(6) (as in effect on September 1, chased under a plan which meets the non- enactment of the Church Retirement Bene- 1974) and sections 401(a)(4), 401(a)(5), and discrimination requirements of paragraph fits Simplification Act of 1995.’’ (12)(A), and’’. 401(m). (b) EFFECT ON EXISTING PLANS.—A church For purposes of subparagraph (B), the plan plan (within the meaning of section 414(e) of (b) CERTAIN COVERAGE RULES APPLY.—Sub- administrator may elect to treat the portion the Internal Revenue Code of 1986) which is paragraph (B) of section 403(b)(12) is amended of the plan maintained by any organization otherwise subject to the applicable require- to read as follows: (or organizations) described in subparagraph ments of section 401(a) of such Code and ‘‘(B) CERTAIN REQUIREMENTS.—If a contract (B) as a separate plan (or plans). which has not made the election provided by purchased by a church is purchased under a ‘‘(c) DEFINITIONS AND SPECIAL RULES.— section 410(d) of such Code shall not be sub- church plan (within the meaning of section ‘‘(1) CHURCH.—For purposes of this section, ject to section 401A of such Code, and shall the term ‘church’ means a church or a con- 414(e)) by— remain subject to the applicable require- ‘‘(i) an organization described in section vention or association of churches, including ments of section 401(a) of such Code, unless an organization described in section 170(b)(1)(A)(ii) above the secondary school the board of directors or trustees of an orga- level (other than a school for religious train- 414(e)(3)(A) and an organization described in nization described in section 414(e)(3)(A) of ing), or section 414(e)(3)(B)(ii), other than— such Code, or other appropriate governing ‘‘(ii) an organization described in section ‘‘(A) an organization described in section body responsible for maintaining the plan, 170(b)(1)(A)(iii)— 170(b)(1)(A)(ii) above the secondary school adopts a resolution under which the church level (other than a school for religious train- plan is made subject to section 401A of such ‘‘(I) which provides community service for ing), or Code. inpatient medical care of the sick or injured ‘‘(B) an organization described in section (c) EFFECTIVE DATES.— (including obstetrical care), and 170(b)(1)(A)(iii)— (1) IN GENERAL.—The amendment made by ‘‘(II) no more than 50 percent of the total ‘‘(i) which provides community service for this section shall be effective for years be- patient days of which during any year are inpatient medical care of the sick or injured ginning after December 31, 1994, except that customarily assignable to the categories of (including obstetrical care); and the provisions of section 401A(b)(3) of the In- chronic convalescent and rest, drug and alco- ‘‘(ii) not more than 50 percent of the total ternal Revenue Code of 1986 shall be effective holic, epileptic, mentally deficient, mental, patient days of which during any year are for years beginning after December 31, 1996. nervous and mental, and tuberculosis, and customarily assignable to the categories of No regulation or ruling under section 401(a) care for the aged, chronic convalescent and rest, drug and alco- of such Code issued after December 31, 1994, the plan meets the requirements of sections holic, epileptic, mentally deficient, mental, shall apply to a qualified church plan de- 401(a)(3) and 401(a)(6), as in effect on Sep- nervous and mental, and tuberculosis, and scribed in section 401A of such Code unless tember 1, 1974, and sections 401(a)(4), care for the aged. such regulation or ruling is specifically 401(a)(5), 401(a)(17), and 401(m). ‘‘(2) SATISFACTION OF TRUST PROVISION.—A made applicable by its terms to qualified For purposes of this subparagraph, the plan plan shall not fail to be described in this sec- church plans. administrator may elect to treat the portion tion merely because such plan is funded (2) PRIOR YEARS.—A church plan (within of the plan maintained by any organization through an organization described in section the meaning of section 414(e) of such Code) (or organizations) described in this subpara- 414(e)(3)(A) if— shall not be deemed to have failed to satisfy graph as a separate plan (or plans).’’

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(c) SPECIAL RULES FOR CHURCHES.—Section ‘‘(i) IN GENERAL.—The term ‘employee’ SEC. 6. REQUIRED BEGINNING DATE FOR DIS- 403(b) is amended by adding the following shall include a duly ordained, commissioned, TRIBUTIONS UNDER CHURCH new paragraph at the end thereof: or licensed minister of a church in the exer- PLANS. ‘‘(13) DEFINITIONS AND SPECIAL RULES.— cise of his or her ministry who is a self-em- (a) IN GENERAL.—Subparagraph (C) of sec- tion 401(a)(9) is amended by striking the last ‘‘(A) CONTRACT PURCHASED BY A CHURCH.— ployed individual (within the meaning of sec- sentence and inserting the following new For purposes of this subsection, the term tion 401(c)(1)(B)) or any duly ordained, com- sentence: ‘‘For purposes of this subpara- ‘contract purchased by a church’ includes an missioned, or licensed minister of a church graph, the term ‘church plan’ has the mean- annuity described in section 403(b)(1), a cus- in the exercise of his or her ministry who is ing given such term by section 414(e).’’ todial account described in section 403(b)(7), employed by an organization other than an (b) EFFECTIVE DATE.—The amendment and a retirement income account described organization described in section 501(c)(3). made by this section shall be effective as if in section 403(b)(9). ‘‘(ii) TREATMENT AS EMPLOYER AND EM- included in the provision of the Tax Reform ‘‘(B) CHURCH.—For purposes of this sub- PLOYEE.—A self-employed minister described Act of 1986 to which such amendment re- section, the term ‘church’ means a church or in clause (i) shall be treated as his or her lates. a convention or association of churches, in- own employer which is an organization de- SEC. 7. PARTICIPATION OF MINISTERS IN cluding an organization described in section scribed in section 501(c)(3) and which is ex- CHURCH PLANS. 414(e)(3)(A) or section 414(e)(3)(B)(ii). empt from tax under section 501(a). Such an (a) IN GENERAL.—Section 414 is amended by ‘‘(C) VESTING.—In the case of a contract employee who is employed by an organiza- adding the following new subsection: purchased by a church under a church plan tion other than an organization described in ‘‘(u) SPECIAL RULES FOR MINISTERS.—Not- (within the meaning of section 414(e))— section 501(c)(3) shall be treated as employed withstanding any other provision of this ‘‘(i) sections 403(b)(1)(C) and 403(b)(6) shall by an organization described in section title, if a duly ordained, commissioned, or li- not apply; 501(c)(3) and which is exempt from tax under censed minister of a church in the exercise of ‘‘(ii) such contract is not described in this section 501(a). his or her ministry participates in a church subsection unless an employee’s rights in the ‘‘(iii) COMPENSATION.—In determining the plan (within the meaning of section 414(e)), employee’s accrued benefit under such con- compensation of a self-employed minister de- then— tract which is attributable to contributions scribed in clause (i), the earned income ‘‘(1) such minister shall be excluded from made pursuant to a salary reduction agree- (within the meaning of section 401(c)(2)) of consideration for purposes of applying sec- ment are nonforfeitable; and such minister shall be substituted for ‘the tions 401(a)(3), 401(a)(4), and 401(a)(5), as in ef- ‘‘(iii) such contract is not described in this amount of compensation which is received fect on September 1, 1974, and sections subsection unless the plan satisfies the re- from the employer’ under paragraph (3). 401(a)(4), 401(a)(5), 401(a)(26), 401(k)(3), 401(m), quirements of either of the following: In determining the years of service of a self- 403(b)(1)(D) (including section 403(b)(12)), and ‘‘(I) The plan provides that an employee employed minister described in clause (i), 410 to any stock bonus, pension, profit-shar- who has at least 10 years of service has a the years (and portions of years) in which ing, or annuity plan (including an annuity nonforfeitable right to 100 percent of the em- such minister was a self-employed individual described in section 403(b) or a retirement in- ployee’s accrued benefit derived from em- (within the meaning of section 401(c)(1)(B)) come account described in section 403(b)(9)) ployer contributions. shall be included for purposes of paragraph described in this part. For purposes of this ‘‘(II) The plan provides that an employee (4). part, the church plan in which such minister who has completed at least 5 years of service ‘‘(G) TIME FOR DETERMINATION OF APPLICA- participates shall be treated as a plan or con- has a nonforfeitable right to a percentage of BLE LAW.—Except where otherwise specified, tract meeting the requirements of section the employee’s accrued benefit derived from the determination of whether a contract pur- 401(a), 401A, or 403(b) (including section employer contributions which percentage is chased by a church meets the requirements 403(b)(9)) with respect to such minister’s par- not less than the percentage determined of this subsection shall be made in accord- ticipation; and under the following table: ance with the provisions of this title as in ef- ‘‘(2) such minister shall be excluded from Nonforfeitable fect immediately following enactment of the consideration for purposes of applying an ap- ‘‘Years of service Church Retirement Benefits Simplification plicable section to any plan providing bene- percentage Act of 1993.’’ fits described in an applicable section. 5 ...... 25 For purposes of paragraph (2), the term ‘ap- 6 ...... 30 (d) EFFECTIVE DATES.— plicable section’ means section 79(d), section 7 ...... 35 (1) IN GENERAL.—The amendments made by 105(h), paragraphs (1), (2), and (3) of section 8 ...... 40 this section shall be effective for years be- 120(c), section 125(b), section 127(b)(2), and 9 ...... 45 ginning after December 31, 1994, except that paragraphs (2), (3), and (8) of section 129(d).’’ 10 ...... 50 the provisions of section 403(b)(13)(C)(iii) of (b) EFFECTIVE DATE.—The amendment 11 ...... 60 the Internal Revenue Code of 1986 shall be ef- made by this section shall be effective for 12 ...... 70 fective for years beginning after December years beginning before, on, or after Decem- 13 ...... 80 31, 1996. No regulation or ruling issued under ber 31, 1995. 14 ...... 90 section 401(a) or 403(b) of such Code after De- SEC. 8. CERTAIN RULES AGGREGATING EMPLOY- 15 or more ...... 100. cember 31, 1994, shall apply to a contract EES NOT TO APPLY TO CHURCHES, For purposes of clause (iii), an employee’s purchased by a church unless such regula- ETC. years of service shall be determined in ac- tion or ruling is specifically made applicable (a) IN GENERAL.—Section 414 is amended by cordance with any reasonable method se- by its terms to such contracts. For purposes adding the following new subsection: lected by the plan administrator. of applying the exclusion allowance of sec- ‘‘(v) CERTAIN RULES AGGREGATING EMPLOY- ‘‘(D) FAILURE OF ONE ORGANIZATION MAIN- tion 403(b)(2) of such Code and the limita- EES NOT TO APPLY TO CHURCHES, ETC.— TAINING PLAN NOT TO DISQUALIFY PLAN.—In tions of section 415 of such Code, any con- ‘‘(1) IN GENERAL.—If the election provided the case of a contract purchased by a church tribution made after December 31, 1996, by paragraph (3) is made, for purposes of sec- under a church plan (within the meaning of which is forfeitable pursuant to section tions 401(a)(3), 401(a)(4), and 401(a)(5), as in ef- section 414(e)), if one or more organizations 403(b)(13)(C) of such Code shall be treated as fect on September 1, 1974, and sections maintaining the church plan fails to satisfy an amount contributed to the contract in 401(a)(4), 401(a)(5), 401(a)(17), 401(a)(26), 401(h), the requirements of this section, such plan the year for which such contribution is made 401(m), 410(b), 411(d)(1), and 416, subsections shall not be treated as failing to satisfy the and not in the year the contribution becomes (b), (c), (m), (o), and (t) of this section shall requirements of this section with respect to nonforfeitable. not apply to treat the employees of church- other organizations maintaining such plan. (2) PRIOR YEARS.—A church plan (within related organizations as employed by a sin- ‘‘(E) CERTAIN EMPLOYEES NOT CONSIDERED the meaning of section 414(e) of such Code) gle employer, except in the case of employ- HIGHLY COMPENSATED AND EXCLUDED EMPLOY- shall not be deemed to have failed to satisfy ees of church-related organizations which EES.—For purposes of this subsection, no em- the applicable requirements of section 403(b) are not exempt from tax under section 501(a) ployee for whom a contract is purchased by of such Code for any year beginning prior to and which have a common, immediate par- a church shall be considered an officer, per- January 1, 1995. ent. son whose principal duties consist in super- ‘‘(2) DEFINITION OF CHURCH-RELATED ORGA- vising the work of other employees, or high- SEC. 5. CHANGE IN DISTRIBUTION REQUIRE- NIZATION.—For purposes of this subsection, ly compensated employee if such employee MENT FOR RETIREMENT INCOME the term ‘church-related organization’ ACCOUNTS. during the year or the preceding year re- means a church or a convention or associa- ceived compensation from the employer of (a) IN GENERAL.—Subparagraph (A) of sec- tion of churches, an organization described less than $50,000. For purposes of this sub- tion 403(b)(11) is amended by inserting ‘‘or, in in section 414(e)(3)(A), an organization de- section, there shall be excluded employees the case of a retirement income account de- scribed in section 414(e)(3)(B)(ii), or an orga- described in section 410(b)(3)(A). The Sec- scribed in paragraph (9), within the meaning nization the employees of which would be ag- retary shall adjust the $50,000 amount under of section 401(k)(2)’’ after ‘‘section 72(m)(7)’’. gregated with the employees of such organi- this subparagraph at the same time and in zations but for the election provided by para- the same manner as under section 415(d). (b) EFFECTIVE DATE.—The amendment graph (3). ‘‘(F) CERTAIN MINISTERS MAY PARTICI- made by this section shall be effective for ‘‘(3) ELECTION TO DISAGGREGATE.—The pro- PATE.—For purposes of this subsection— years beginning after December 31, 1988. visions of this subsection shall apply if a

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7701

church-related organization makes an elec- section. The rules provided by this paragraph (b) EFFECTIVE DATE.—The amendment tion for itself and other church-related orga- shall apply for purposes of applying section made by this section shall apply to taxable nizations (in such form and manner as the 403(b)(12) to such church plan.’’ years beginning after December 31, 1994. Secretary may by regulations prescribe) on (b) EFFECTIVE DATE.—The amendment SEC. 15. REPEAL OF ELECTIVE DEFERRAL or before the last day of the first plan year made by this section shall be effective for CATCH-UP LIMITATION FOR RETIRE- beginning on or after January 1, 1998.’’ years beginning before, on, or after Decem- MENT INCOME ACCOUNTS. (b) EFFECTIVE DATE.—The amendment ber 31, 1994. (a) IN GENERAL.—Clause (iii) of section 402(g)(8)(A) is amended to read as follows: made by this section shall be effective as if SEC. 12. SECTION 457 NOT TO APPLY TO DE- included in the provisions of Public Law 93– FERRED COMPENSATION OF A ‘‘(iii) except in the case of elective defer- 406, Public Law 98–369, and Public Law 99–514 CHURCH. rals under a retirement income account de- to which such amendment relates. (a) IN GENERAL.—Paragraph (13) of section scribed in section 403(b)(9), the excess of SEC. 9. SELF-EMPLOYED MINISTERS TREATED AS 457(e) is amended to read as follows: $5,000 multiplied by the number of years of EMPLOYEES FOR PURPOSES OF CER- ‘‘(13) SPECIAL RULE FOR CHURCHES.—The service of the employee with the qualified TAIN WELFARE BENEFIT PLANS AND term ‘eligible employer’ shall not include a organization over the employer contribu- RETIREMENT INCOME ACCOUNTS. church (within the meaning of section tions described in paragraph (3) made by the (a) IN GENERAL.—Section 7701(a)(20) is 401A(c)(1)).’’ organization on behalf of such employee for amended to read as follows: (b) EFFECTIVE DATE.—The amendment prior taxable years (determined in the man- ‘‘(20) EMPLOYEE.—For the purpose of apply- made by this section shall apply to taxable ner prescribed by the Secretary).’’ ing the provisions of section 79 with respect FFECTIVE DATE.—The amendment years beginning after December 31, 1978. (b) E to group-term life insurance purchased for made by this section shall be effective as if employees, for the purpose of applying the SEC. 13. CHURCH PLAN MODIFICATION TO SEPA- included in the provision of the Tax Reform RATE ACCOUNT REQUIREMENT OF Act of 1986 to which such amendment re- provisions of sections 104, 105, and 106 with SECTION 401(h). respect to accident or health insurance or lates. (a) EXCEPTION TO SEPARATE ACCOUNT RE- accident or health plans, for the purpose of SEC. 16. CHURCH PLANS MAY ANNUITIZE BENE- QUIREMENT.—Section 401(h) is amended by applying the provisions of section 101(b) with FITS. adding the following new sentence at the end respect to employees’ death benefits, for the (a) IN GENERAL.—A retirement income ac- thereof: ‘‘Notwithstanding the preceding sen- purpose of applying the provisions of subtitle count described in section 403(b)(9) of the In- tence, in the case of a pension or annuity A with respect to contributions to or under ternal Revenue Code of 1986, a church plan plan that is a church plan (within the mean- a stock bonus, pension, profit-sharing, or an- (within the meaning of section 414(e) of such ing of section 414(e)) which is maintained by nuity plan, and with respect to distributions Code) that is a plan described in section more than one employer, paragraph (6) shall under such a plan, or by a trust forming part 401(a) or 401A of such Code, or an account not apply to an employee who is a key em- of such a plan, and for purposes of applying which consists of qualifed voluntary em- ployee for purposes of section 416 solely be- section 125 with respect to cafeteria plans, ployee contributions described in section cause such employee is described in section the term ‘employee’ shall include a duly or- 219(e)(2) of such Code (as in effect before the 416(i)(1)(A)(i) (relating to officers having an dained, commissioned, or licensed minister date of the enactment of the Tax Reform Act annual compensation greater than 150 per- of a church in the exercise of his or her min- of 1986) and earnings thereon, shall not fail cent of the amount in effect under section istry who is a self-employed individual to be described in such sections merely be- 415(c)(1)(A)).’’ (within the meaning of section 401(c)(1)(B)) cause it pays benefits to participants (and (b) APPLICATION OF SECTION 415(l).—Section or a full-time life insurance salesman who is their beneficiaries) from a pool of assets ad- 415(l)(1) is amended to read as follows: considered an employee for the purpose of ministered or funded by an organization de- ‘‘(1) IN GENERAL.—For purposes of this sec- chapter 21, or in the case of services per- scribed in section 414(e)(3)(A) of such Code, tion, the following shall be treated as an an- formed before January 1, 1951, who would be rather than through the purchase of annu- nual addition to a defined contribution plan considered an employee if his services were ities from an insurance company. for purposes of subsection (c): performed during 1951.’’ (b) EFFECTIVE DATE.—This provision shall ‘‘(A) Contributions allocated to any indi- (b) EFFECTIVE DATE.—The amendment be effective for years beginning before, on, or made by this section shall be effective for vidual medical account which is part of a after December 31, 1994. years beginning before, on, or after Decem- pension or annuity plan. SEC. 17. CHURCH PLANS MAY INCREASE BENEFIT ber 31, 1994. ‘‘(B) The actuarially determined amount of PAYMENTS. prefunding for the insurance value of bene- (a) IN GENERAL.—A retirement income ac- SEC. 10. DEDUCTIONS FOR CONTRIBUTIONS BY count described in section 403(b)(9) of the In- CERTAIN MINISTERS TO RETIRE- fits which are— MENT INCOME ACCOUNTS. ‘‘(i) described in section 401(h); ternal Revenue Code of 1986, a church plan (a) IN GENERAL.—Section 404(a) is amended ‘‘(ii) paid under a pension or annuity plan (within the meaning of section 414(e) of such by adding the following new paragraph: that is a church plan (within the meaning of Code) that is a plan described in section 401(a) or 401A of such Code, or an account ‘‘(10) CONTRIBUTIONS BY CERTAIN MINISTERS section 414(e)); which consists of qualified voluntary em- TO RETIREMENT INCOME ACCOUNTS.—In case ‘‘(iii) paid under a plan maintained by contributions are made by a minister de- more than one employer; and ployee contributions described in section scribed in section 403(b)(13)(F) to a retire- ‘‘(iv) payable solely to an employee who is 219(e)(2) of such Code (as in effect before the ment income account described in section a key employee for purposes of section 415 date of the enactment of the Tax Reform Act 403(b)(9) and not by a person other than such solely because such employee is described in of 1986) and earnings thereon, shall not fail to be described in such sections merely be- minister, such contributions shall be treated section 416(i)(1)(A)(i) (relating to officers cause it provides benefit payments to par- as made to a trust which is exempt from tax having an annual compensation greater than ticipants (and their beneficiaries)— under section 501(a) which is part of a plan 150 percent of the amount in effect under sec- (1) to take into account the investment which is described in section 401(a) and shall tion 415(c)(1)(A)), his spouse, or his depend- performance of the underlying assets or fa- be deductible under this subsection to the ents. vorable interest or mortality experience, or extent such contributions do not exceed the Subparagraph (B) of section (c)(1) shall not (2) that increase in an amount not in ex- exclusion allowance of such minister, deter- apply to any amount treated as an annual cess of 5 percent per year. mined under section 403(b)(2).’’ addition under the preceding sentence.’’ (b) EFFECTIVE DATE.—This provision shall (b) EFFECTIVE DATE.—The amendment (c) EFFECTIVE DATE.—The amendment be effective for years beginning before, on, or made by this section shall be effective for made by this section shall apply to years be- after December 31, 1994. years beginning after December 31, 1994. ginning after March 31, 1984. SEC. 18. RULES APPLICABLE TO SELF-INSURED SEC. 14. RULE RELATING TO INVESTMENT IN SEC. 11. MODIFICATION FOR CHURCH PLANS OF MEDICAL REIMBURSEMENT PLANS CONTRACT NOT TO APPLY TO FOR- RULES FOR PLANS MAINTAINED BY NOT TO APPLY TO PLANS OF EIGN MISSIONARIES. MORE THAN ONE EMPLOYER. CHURCHES. (a) IN GENERAL.—Section 413(c) is amended (a) IN GENERAL.—The last sentence of sec- (a) IN GENERAL.—Section 105(h) is amended by adding the following new paragraph: tion 72(f) is amended to read as follows: ‘‘The by adding the following new paragraph: ‘‘(8) CHURCH PLANS MAINTAINED BY MORE preceding sentence shall not apply to ‘‘(11) PLANS OF CHURCHES.—This subsection THAN ONE EMPLOYER.—A church plan (within amounts which were contributed by the em- shall not apply to a plan maintained by a the meaning of section 414(e)) maintained by ployer, as determined under regulations pre- church (within the meaning of section more than one employer, and with respect to scribed by the Secretary, to provide pension 401A(c)(1)).’’ which the election provided by section 410(d) or annuity credits, to the extent such credits (b) EFFECTIVE DATE.—The amendment has not been made, which commingles assets are attributable to services performed before made by this section shall be effective for solely for purposes of investment and pooling January 1, 1963, and are provided pursuant to years beginning before, on, or after Decem- for mortality experience to provide to par- pension or annuity plan provisions in exist- ber 31, 1994. ticipants annuities computed with reference ence on March 12, 1962, and on that date ap- SEC. 19. RETIREMENT BENEFITS OF MINISTERS to the balance in the participants’ accounts plicable to such services, or to provide pen- NOT SUBJECT TO TAX ON NET EARN- when such accounts become payable shall sion or annuity credits for foreign mission- INGS FROM SELF-EMPLOYMENT. not be treated as a single plan maintained by aries (within the meaning of section (a) IN GENERAL.—Section 1402(a)(8) (defin- more than one employer under this sub- 403(b)(2)(D)(iii)).’’ ing net earning from self-employment) is

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7702 CONGRESSIONAL RECORD — SENATE June 5, 1995 amended by inserting ‘‘, but shall not in- America to honor and serve their fam- from Wisconsin [Mr. KOHL], the Sen- clude in such net earning from self-employ- ily, community, and country. ator from Wisconsin [Mr. FEINGOLD], ment any retirement benefit received by Mr. President, I ask unanimous con- the Senator from New Mexico [Mr. such individual from a church plan (as de- sent that the text of this legislation in- BINGAMAN], the Senator from New York fined in section 414(e))’’ before the semicolon at the end. troduced today by myself and Senator [Mr. MOYNIHAN], and the Senator from (b) EFFECTIVE DATE.—The amendments Daschle appear in the appropriate place Connecticut [Mr. DODD] were added as made by this section shall apply to years be- in the RECORD. cosponsors of S. 426, a bill to authorize ginning before, on, or after December 31, There being no objection, the bill was the Alpha Phi Alpha Fraternity to es- 1994. ordered to be printed in the RECORD, as tablish a memorial to Martin Luther By Mr. PRESSLER (for himself follows: King, Jr., in the District of Columbia, and Mr. DASCHLE): Be it enacted by the Senate and House of Rep- and for other purposes. S. 882. A bill to designate the Federal resentatives of the United States of America in S. 579 building at 1314 LeMay Boulevard, Ells- Congress assembled, At the request of Mr. BREAUX, the worth Air Force Base, SD, as the SECTION 1. DESIGNATION OF CARTNEY KOCH name of the Senator from Maryland MCRAVEN CHILD DEVELOPMENT ‘‘Cartney Koch McRaven Child Devel- [Ms. MIKULSKI] was added as a cospon- opment Center’’, and for other pur- CENTER. (a) IN GENERAL.—The Federal building at sor of S. 579, a bill to amend the JOBS poses; to the Committee on Environ- 1314 LeMay Boulevard, Ellsworth Air Force program in title IV of the Social Secu- ment and Public Works. Base, South Dakota, shall be known and des- rity Act to provide for a job placement CARTNEY KOCH MCRAVEN CHILD DEVELOPMENT ignated as the ‘‘Cartney Koch McRaven voucher program, and for other pur- CENTER Child Development Center’’. poses. (b) REPLACEMENT BUILDING.—If, after the Mr. PRESSLER. Mr. President, I am S. 628 proud to introduce legislation today date of enactment of this Act, a new Federal At the request of Mr. KYL, the name along with my South Dakota col- building is built at the location described in subsection (a) to replace the building de- of the Senator from North Carolina league, Senator DASCHLE to designate scribed in the subsection, the new Federal [Mr. FAIRCLOTH] was added as a cospon- the child development center at Ells- building shall be known and designated as sor of S. 628, a bill to repeal the Fed- worth Air Force Base in South Dakota the ‘‘Cartney Koch McRaven Child Develop- eral estate and gift taxes and the tax as the Cartney Koch McRaven Child ment Center’’. on generation-skipping transfers. Development Center. SEC. 2. REFERENCES. S. 667 It was just slightly more than a Any reference in a law, map, regulation, At the request of Mr. BRYAN, the month ago that terrorist thugs bombed document, paper, or other record of the the Alfred P. Murrah Federal Building United States to a Federal building referred name of the Senator from Louisiana in Oklahoma City. Among the victims to in section 1 shall be deemed to be a ref- [Mr. BREAUX] was added as a cosponsor inside was Cartney Koch McRaven. erence to the ‘‘Cartney Koch McRaven Child of S. 667, a bill to amend the Securities Stationed at Tinker Air Force Base Development Center’’. Exchange Act of 1934 in order to reform and having just been married the pre- f the conduct of private securities litiga- tion, to provide for financial fraud de- vious weekend, Cartney was in the ADDITIONAL COSPONSORS Murrah Federal Building to register tection and disclosure, and for other her new married name on Federal docu- S. 44 purposes. ments. Tragically, her life was cut At the request of Mr. REID, the S. 770 short by the savagery of domestic ter- names of the Senator from New Mexico At the request of Mr. DOLE, the rorism. [Mr. DOMENICI] and the Senator from names of the Senator from Virginia It is only fitting that we honor Mississippi [Mr. LOTT] were added as [Mr. ROBB] and the Senator from North Cartney at Ellsworth Air Force Base. cosponsors of S. 44, a bill to amend Dakota [Mr. CONRAD] were added as co- Spearfish was her home. And she chose title 4 of the United States Code to sponsors of S. 770, a bill to provide for to begin her adult life by joining the limit State taxation of certain pension the relocation of the United States Air Force and serving her country. And income. Embassy in Israel to Jerusalem, and serve she did, with honor, with devo- S. 254 for other purposes. tion, with dignity. At the request of Mr. LOTT, the name S. 771 It is even more fitting that her name of the Senator from Alaska [Mr. STE- At the request of Mr. PRYOR, the appear on the child development center VENS] was added as a cosponsor of S. name of the Senator from North Da- at Ellsworth. Airman First Class 254, a bill to extend eligibility for vet- kota [Mr. DORGAN] was added as a co- Cartney Koch McRaven served in Haiti, erans’ burial benefits, funeral benefits, sponsor of S. 771, a bill to provide that where the stark poverty had an enor- and related benefits for veterans of cer- certain Federal property shall be made mous impact on her. Cartney’s heart tain service in the U.S. merchant ma- available to States for State use before went out to the children of Haiti. She rine during World War II. being made available to other entities, devoted her time in Haiti to an orphan- S. 327 and for other purposes. age, offering a warm smile and a kind, At the request of Mr. HATCH, the S. 830 loving word to young faces. The mis- name of the Senator from Ohio [Mr. At the request of Mr. SPECTER, the sion of our Armed Forces in Haiti was DEWINE] was added as a cosponsor of S. name of the Senator from Alaska [Mr. to ensure peace and offer hope to the 327, a bill to amend the Internal Rev- STEVENS] was added as a cosponsor of people of Haiti—young and old. enue Code of 1986 to provide clarifica- S. 830, a bill to amend title 18, United Cartney took her mission to heart. tion for the deductibility of expenses States Code, with respect to fraud and Even her family honored Cartney’s incurred by a taxpayer in connection false statements. commitment to young people by urging with the business use of the home. that donations be made in Cartney’s S. 867 memory to the orphanage in Haiti. S. 397 At the request of Mr. COCHRAN, the But we do more than honor a person. At the request of Mr. MCCAIN, the names of the Senator from Oklahoma We honor the values she personified name of the Senator from Ohio [Mr. [Mr. INHOFE], the Senator from North and practiced in her daily life. The val- DEWINE] was added as a cosponsor of S. Carolina [Mr. HELMS], and the Senator ues of service, of duty, of compassion 397, a bill to benefit crime victims by from Montana [Mr. BURNS] were added and caring for the underprivileged improving enforcement of sentences as cosponsors of S. 867, a bill to amend young—values that are at the core of imposing fines and special assessments, the Internal Revenue Code of 1986 to re- South Dakota and of America. and for other purposes. vise the estate and gift tax in order to It is my hope that by passing this S. 426 preserve American family enterprises, legislation, Cartney Koch McRaven for- At the request of Mr. SARBANES, the and for other purposes. ever will be remembered as a symbol of names of the Senator from Rhode Is- S. 878 these core values and an inspiration to land [Mr. CHAFEE], the Senator from At the request of Mr. COCHRAN, the the young people in South Dakota and Colorado [Mr. CAMPBELL], the Senator name of the Senator from Indiana [Mr.

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7703 COATS] was added as a cosponsor of S. Mr. SPECTER. Mr. President, I have there is an emergency, and on the face 878, a bill to amend the Internal Rev- sought recognition to submit a resolu- of the resolution which I have proposed enue Code of 1986 to reduce mandatory tion which would prohibit the Presi- the President could use the deployment premiums to the United Mine Workers dent from using ground forces in Bos- of forces if there is a situation ‘‘vital of America Combined Benefit Fund by nia without prior consent of the Con- to the national security interests of certain surplus amounts in the fund, gress because, in my view, there is the United States, including the pro- and for other purposes. ample time for the Congress of the tection of American citizens in Bosnia SENATE JOINT RESOLUTION 31 United States to deliberate on this and Herzegovina where there is not suf- At the request of Mr. HATCH, the matter and to make a decision. And ficient time to seek and receive con- name of the Senator from Oklahoma such a resolution, I submit, is nec- gressional authorization,’’ and then the [Mr. NICKLES] was added as a cosponsor essary as a constitutional matter to President report as soon as practical to of Senate Joint Resolution 31, a joint preserve the constitutional preroga- the Congress of the United States. resolution proposing an amendment to tives of the Congress and really to stop When the use of force was authorized the Constitution of the United States further erosion by the executive in the Gulf, that was done only after to grant Congress and the States the branch. the matter was brought to the floor of power to prohibit the physical desecra- The events of the past week in Bos- the U.S. Congress, the U.S. Senate. We tion of the flag of the United States. nia and Herzegovina have been very, had extensive debate going on on this very disturbing, as they have been for SENATE JOINT RESOLUTION 34 floor on January 10, 11, and 12, 1991 the better part of 2 to 3 years now. As when there was a resolution passed by At the request of Mr. SMITH, the I have said on the floor of the U.S. Sen- name of the Senator from Idaho [Mr. the Senate authorizing the use of force ate in the past, it is my view that the by a 52-to-47 vote, and a similar resolu- KEMPTHORNE] was added as a cosponsor mission of the U.N. peacekeepers was of Senate Joint Resolution 34, a joint tion of authorization was passed by the realistically Mission Impossible be- resolution prohibiting funds for diplo- House of Representatives. cause there was no peace to keep. In matic relations and most-favored-na- But until and unless the Congress the past I have supported the resolu- tion trading status with the Socialist makes that decision reflecting the will tions and the amendments on the floor Republic of Vietnam unless the Presi- of the American people, it is my view of the U.S. Senate to lift the arms em- dent certifies to Congress that Viet- that there ought not to be the use of bargo so that the Bosnian Moslems namese officials are being fully cooper- ground forces in Bosnia. could defend themselves in accordance ative and forthcoming with efforts to f with article 51 of the U.N. Charter. account for the 2,205 Americans still We have had the position taken by AMENDMENTS SUBMITTED missing and otherwise unaccounted for the President in a speech last week at from the Vietnam war, as determined the Air Force Academy where he has on the basis of all information avail- COMPREHENSIVE TERRORISM said that U.S. forces would be used to able to the United States Government, PREVENTION ACT relocate U.N. peacekeepers, sent on a and for other purposes. temporary basis. But we know, as a SENATE CONCURRENT RESOLUTION 3 practical matter, what happens when FEINSTEIN AMENDMENT NO. 1202 At the request of Mr. SIMON, the there is temporary action taken. Mrs. FEINSTEIN proposed an amend- name of the Senator from Maryland There has been consistent analysis of ment to amendment No. 1199, proposed [Ms. MIKULSKI] was added as a cospon- the terrain in Bosnia, and fighting of a by Mr. HATCH, to the bill (S. 735) to pre- sor of Senate Concurrent Resolution 3, ground war there is on absolute marsh vent and punish acts of terrorism, and a concurrent resolution relative to Tai- and swamp, and we are realistically un- for other purposes; as follows: wan and the United Nations. able to undertake that without assur- f ances that it is to be done on a limited On page 152, strike line 6 through line 17 on page 153, and insert the following: SENATE RESOLUTION 128—REL- basis. It is my view that, before there ought SEC. . STUDY AND REQUIREMENTS FOR TAG- ATIVE TO BOSNIA-HERCEGOVINA GING OF EXPLOSIVE MATERIALS, to be an entry by the United States of AND STUDY AND RECOMMENDA- Mr. SPECTER (for himself and Mr. our own ground forces, we ought to TIONS FOR RENDERING EXPLOSIVE INHOFE) submitted the following reso- have an exit plan as well; that, realisti- COMPONENTS INERT AND IMPOSING lution; which was referred to the Com- cally viewed, the United States does CONTROLS ON PRECURSORS OF EX- mittee on Foreign Relations: PLOSIVES. not have vital national interests at (a) the Secretary of the Treasury shall con- S. RES. 128 stake there on this state of the record; duct a study and make recommendations Whereas Article I, Section 8 of the United that before even consideration ought to concerning— States Constitution provides that Congress be given there ought to be a com- (1) the tagging of explosive materials for shall have the sole power to declare war; prehensive plan; and that there ought purposes of detection and identification; Whereas the Senate adopted S. Res. 330 on to be a detailed statement as to what (2) whether common chemicals used to August 11, 1992, which stated that it was the the European participation would be manufacture explosive materials can be ren- sense of the Senate that no United States dered inert and whether it is feasible to re- military personnel shall be introduced into because it is much more in their inter- quire it; and combat or potential combat situations with- est than ours. These matters ought to (3) whether controls can be imposed on cer- out clearly defined objectives and sufficient be submitted—Mr. President, the Sen- tain precursor chemicals used to manufac- resources to achieve those objectives: Now, ate is not in order. ture explosive materials and whether it is therefore, be it The PRESIDING OFFICER. The Sen- feasible to require it. Resolved, That the President is not author- ate will come to order. In conducting the study, the Secretary ized to use the United States Ground Forces Mr. SPECTER. There ought to be a shall consult with other Federal, State and in Bosnia-Hercegovina unless— comprehensive plan, we ought to know local officials with expertise in this area and (1) the use of United States ground forces exactly what has happened, and the such other individuals as shall be deemed in Bosnia-Hercegovina is authorized in ad- necessary. Such study shall be completed vance by Congress; or matter ought to be deliberated upon within twelve months after the enactment of (2) the deployment of forces of the United and voted upon by the Congress of the this Act and shall be submitted to the Con- States ground forces into Bosnia- United States. gress and made available to the public. Such Hercegovina is vital to the national security We have seen an erosion of constitu- study may include, if appropriate, rec- interests of the United States (including the tional authority of the U.S. Congress ommendations for legislation. protection of American citizens in Bosnia- as the sole agent which is authorized to (b) There are authorized to be appropriated Hercegovina), there is not sufficient time to involve the United States in war. We for the study and recommendations con- seek and receive Congressional authoriza- fought a war in Korea without con- tained in paragraph (a) such sum as may be tion, and the President reports as soon as necessary. practicable to Congress after the initiation stitutional authorization. We fought a (c) Section 842, of title 18, United States of the deployment, but in no case later than war in Vietnam without constitutional Code, is amended by inserting after sub- 48 hours after the initiation of the deploy- authorization. And these matters section (k), a new subsection (l) which reads ment. ought to come to the Congress unless as follows:

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7704 CONGRESSIONAL RECORD — SENATE June 5, 1995 ‘‘(l) It shall be unlawful for any person to building referred to in subsection (a) shall be proposed by Mr. HATCH, to the bill, S. manufacture, import, ship, transport, re- deemed to be a reference to the ‘‘Cartney 735, supra; as follows: ceive, possess, transfer, or distribute any ex- Koch McRaven Child Development Center’’. plosive material that does not contain a At the appropriate place in the Hatch sub- stitute, add the following new section— tracer element as prescribed by the Sec- AMENDMENT NO. 1205 retary pursuant to regulation, knowing or At the appropriate place, insert the fol- ‘‘SEC. . SANCTIONS AGAINST TERRORIST COUN- having reasonable cause to believe that the lowing: TRIES. explosive material does not contain the re- SEC. . FALSE IDENTIFICATION OF DOCUMENTS. (a) PROHIBITION.—In conjunction with a de- termination by the Secretary of State that a quired tracer element.’’. (a) MINIMUM NUMBER OF DOCUMENTS FOR (d) Section 844, of title 18, United States nation is a state sponsor of international CERTAIN OFFENSE.—Section 1028 of title 18, Code, is amended by inserting after ‘‘(a) United States Code, is amended— terrorism pursuant to 6(j) of the Export Ad- through (i)’’ the phrase ‘‘and (l)’’. (1) in subsection (a)(3), by striking ‘‘five’’ ministration Act of 1979 (50 U.S.C. App. (e) Section 846, of title 18, United States and inserting ‘‘3’’; and 2405(j)) or 620A of the Foreign Assistance Act Code, is amended by designating the present (2) in subsection (b)(1)(B), by striking of 1961 (22 U.S.C. 2371), the Secretary of section as ‘‘(a),’’ and by adding a new sub- ‘‘five’’ and inserting ‘‘3’’. State, in consultation with the Secretary of section (b) reading as follows: ‘‘(b) to facili- (b) REQUIRED VERIFICATION OF MAILED Commerce, shall issue regulations prohib- tate the enforcement of this chapter the Sec- IDENTIFICATION DOCUMENTS.— iting the following— retary shall, within 18 months after the en- (1) IN GENERAL.—Chapter 83 of title 18, (1) The importation into the United States, actment of this Act, promulgate regulations United States Code, is amended by adding at or the financing of such importation, of any for the addition of tracer elements to explo- the end the following: goods or services originating in a terrorist sive materials manufactured in or imported country, other than publications or mate- § 1739. Verification of identification docu- into the United States. Tracer elements to rials imported for news publications or news ments be added to explosive materials under provi- broadcast dissemination; ‘‘(a) Whoever knowingly sends through the sions of this subsection shall be of such char- (2) Except to the extent provided in section mails any unverified information document acter and in such quantity as the Secretary 203(b) of IEEPA (50 U.S.C. 1702 (b)), the ex- purporting to be that of the individual may authorize or require, and such as will portation from the United States to a ter- named in the document, when in fact the not substantially impair the quality of the rorist country, the government of a terrorist identify of the individual is not as the docu- explosive materials for their intended lawful country, or to any entity controlled by the ment purports, shall be fined under this title use, safety of these explosives, or have a sub- government of a terrorist country, or the fi- or imprisoned not more than 1 year, or both. stantially adverse effect on the environ- nancing of such exportation, of any goods, ‘‘(b) As used in this section— ment.’’. technology (including technical data or ‘‘(1) the term ‘unverified’, with respect to (f) The penalties provided herein, shall not other information subject to the Export Ad- an identification document, means that the take effect until ninety days after the date ministration Act Regulations, 15 CFR Parts sender has not personally viewed a certifi- of promulgation of the regulations provided 768–799(1994)) or services; for herein. cation or other written communication con- firming the identity of the individual in the (3) The reexportation to such terrorist document from— country, its government, or to any entity ‘‘(A) a governmental entity within the owned or controlled by the government of SMITH AMENDMENT NO. 1203 United States or any of its territories or pos- the terrorist country, or any goods or tech- nology (including technical data or other in- Mr. HATCH (for Mr. SMITH) proposed sessions; or formation) exported from the United States, an amendment to amendment No. 1199 ‘‘(B) a duly licensed physician, hospital, or medical clinic within the United States; the exportation of which is subject to export proposed by Mr. HATCH, to the bill, S. ‘‘(2) the term ‘identification document’ license application requirements under any 735, supra; as follows: means a card, certificate, or paper intended U.S. regulations in effect immediately prior On page 12, line 6, strike ‘‘25 years.’’ and to be used primarily to identify an indi- to the enactment of this Act, unless, for insert the following: ‘‘25 years; provided, vidual; and goods, they have been (i) substantially trans- however, that the damages to property that ‘‘(3) the term ‘identity’ means personal formed outside the U.S., or (ii) incorporated were caused, or would have been caused if characteristics of an individual, including into another product outside the United any object of the conspiracy had been accom- age and nationality.’’ States and constitutes less than 10 percent plished, must exceed, or must be reasonably (2) CLERICAL AMENDMENT.—The table of by value of that product exported from a estimated to exceed, $25,000.’’ sections at the beginning of chapter 83 of third country; On page 7, at the end of line 17, add the fol- title 18, United States Code, is amended by (4) except to the extent provided in section lowing: ‘‘provided, however, that the dam- adding at the end the following new item: 203(b) of IEEPA (50 U.S.C. 1702(b)), any trans- ages to property must exceed $25,000;’’ ‘‘1739. Verification of identification docu- action, including purchase, sale, transpor- ments.’’. tation, swap, financing, or brokering trans- actions, or United States person relating to (c) CONFORMING AMENDMENT.—Section goods or services originating from a terrorist PRESSLER (AND DASCHLE) 3001(a) of title 39, United States Code, is country or owned or controlled by the gov- AMENDMENTS NOS. 1204–1205 amended by striking ‘‘or 1738’’ and inserting ernment of a terrorist country; ‘‘1738, or 1739’’. Mr. HATCH (for Mr. PRESSLER for (5) Any new investment by a United States himself and Mr. DASCHLE) proposed two person in a terrorist country or in property amendments to amendment no. 1199 SPECTER AMENDMENT NO. 1206 (including entities) owned or controlled by proposed by Mr. HATCH, to the bill, S. Mr. HATCH (for Mr. SPECTER) pro- the government of a terrorist country; 735, supra; as follows: posed an amendment to amendment (6) The approval or facilitation by a United States person or entry into or performance AMENDMENT NO. 1204 No. 1199 proposed by Mr. HATCH, to the bill, S. 735, supra; as follows: by an entity owned or controlled by a United At the appropriate place, insert the fol- States person of a transaction or contract: lowing: On page 22, between lines 18 and 19 insert (A) prohibited as to United States persons SEC. . DESIGNATION OF CARTNEY KOCH the following: by subsection (3), (4) or (5) or ‘‘(b) ASSISTANCE TO FOREIGN COUNTRIES TO MCRAVEN CHILD DEVELOPMENT (B) relating to the financing of activities CENTER. PROCURE EXPLOSIVES DETECTION DEVICES AND prohibited as to United States persons by (a) DESIGNATION.— OTHER SOPHISTICATED COUNTERTERRORISM those subsections, or of a guaranty of an- (1) IN GENERAL.—The Federal building at TECHNOLOGY.—Subject to section 575(b), up other person’s performance of such trans- 1314 LeMay Boulevard, Ellsworth Air Force to $10,000,000 in assistance in any fiscal year action or contract; and Base, South Dakota, shall be known and des- may be provided to procure explosives detec- ignated as the ‘‘Cartney Koch McRaven tion devices or other sophisticated (7) Any transaction by any United States Child Development Center’’. counterterrorism technology to any country person or within the United States that (2) REPLACEMENT BUILDING.—If, after the facing an imminent danger of terrorist at- evades or avoids, or has the purpose of evad- date of enactment of this Act, a new Federal tacks that threaten the national interests of ing or avoiding, or attempting to violate, building is built at the location described in the United States or put United States na- any of the prohibitions set forth in this sec- paragraph (1) to replace the building tionals at risk.’’. tion. decribed in the paragraph, the new Federal On page 22, line 19, strike ‘‘(b)’’ and insert (b) DEFINITIONS.—For the purposes of this building shall be known and designated as ‘‘(c)’’. section: the ‘‘Cartney Koch McRaven Child Develop- (1) the term ‘‘person’’ means an individual ment Center’’. BROWN AMENDMENT NO. 1207 or entity; (b) REFERENCES.—Any reference in a law, (2) the term ‘‘entity’’ means a partnership, map, regulation, document, paper, or other Mr. HATCH (for Mr. BROWN) proposed association, trust, joint venture, corpora- record of the United States to a Federal an amendment to amendment no. 1199 tion, or other organization;

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7705 (3) the term ‘‘United States person’’ means (D) the period of time during which such under this title or imprisoned not more than any U.S. citizen, permanent resident alien, waiver will be effective. twenty years, or both.’’ entity organized under the laws of the The waiver authority granted in this sub- f United States (including foreign branches), section may not be used to provide any as- or any person in the United States; sistance which is also prohibited by section NOTICE OF HEARING (4) the term ‘‘terrorist country’’ means a 40 of the Arms Control Export Control Act.’’ country the government of which the Sec- COMMITTEE ON INDIAN AFFAIRS retary of State has determined is a terrorist Mr. MCCAIN. Mr. President, I would government for the purposes of 69(j) of the KERREY (AND OTHERS) like to announce that the Senate Com- Export Administration Act of 1979 (50 U.S.C. AMENDMENT NO. 1208 mittee on Indian Affairs will be holding App. 2405(j)), or 620A of the Foreign Assist- (Ordered to lie on the table.) a hearing on Thursday, June 8, 1995, be- ance Act of 1961 (22 U.S.C. 2371) and includes Mr. KERREY (for himself, Mr. the territory of the country and any other ginning at 9:30 a.m., in room 485 of the D’AMATO and Ms. MIKULSKI) submitted territory or marine area, including the ex- Russell Senate Office Building on S. an amendment intended to be proposed clusive economic zone and continental shelf, 436, a bill to improve the economic con- by them to amendment No. 1199, pro- over which the government of the terrorist ditions and supply of housing in native posed by Mr. HATCH, to the bill, S. 735, country claims sovereignty, sovereign American communities by creating the supra; as follows: rights, or jurisdiction, provided that the gov- Native American Financial Services ernment of the terrorist country exercises At the appropriate place in the pending Organization, and for other purposes. partial or total de facto control over the substitute amendment No. 1199, insert the area or derives a benefit from the economic following: Those wishing additional information should contact the Committee on In- activity in the area pursuant to inter- SEC. . AUTHORIZATION OF ADDITIONAL APPRO- national arrangements; and PRIATIONS FOR THE DEPARTMENT dian Affairs at 224–2251. (5) the term ‘‘new investment’’ means— OF THE TREASURY. f (A) a commitment or contribution of funds (a) IN GENERAL. There are authorized to be or other assets, or appropriated for the activities of the Bureau ADDITIONAL STATEMENTS (B) a loan or other extension of credit; of Alcohol, Tobacco and Firearms, to aug- (6) the term ‘‘appropriate committees of ment counter-terrorism efforts— Congress’’ means— (1) $20,000,000 for fiscal year 1996; (A) the Banking and Financial Services (2) $20,000,000 for fiscal year 1997; TRIBUTE TO COL. RAYMOND W. Committee, the Ways and Means Committee (3) $20,000,000 for fiscal year 1998; O’KEEFE, U.S. ARMY and the International Relations Committee (4) $20,000,000 for fiscal year 1999; and ∑ of the House of Representatives; (5) $20,000,000 for fiscal year 2000. Ms. SNOWE. Mr. President, today I (B) the Banking, Housing, and Urban Af- (b) IN GENERAL. There are authorized to be would like to congratulate Col. Ray- fairs Committee, the Finance Committee appropriated for the activities of the United mond W. O’Keefe, a native son of and the Foreign Relations Committee of the States Secret Service, to augment White Maine, who retired from the U.S. Army Senate. House security and expand Presidential pro- on June 1, 1995, after a distinguished (c) EXPORT/RE-EXPORT.—The Secretary of tection activities— career of faithful service to our Nation the Treasury may not authorize the expor- (1) $62,000,000 for fiscal year 1996; spanning 26 years. Throughout those 26 tation or reexportation to a terrorist coun- (2) $25,000,000 for fiscal year 1997; years of service, Ray O’Keefe exempli- (3) $25,000,000 for fiscal year 1998; try, the government of a terrorist country, fied the true spirit of the United States or an entity owned or controlled by the gov- (4) $25,000,000 for fiscal year 1999; and ernment of a terrorist country or any goods, (5) $25,000,000 for fiscal year 2000. cavalryman: ‘‘honor was his guide, re- technology, or services subject to export li- sourcefulness his strength, and a pas- sion for duty was his chief char- cense application requirements of another FEINSTEIN AMENDMENT NO. 1209 agency of the United States government, if acteristic.’’ authorization of the exportation or reexpor- Mrs. FEINSTEIN proposed an amend- Colonel O’Keefe was commissioned tation by that agency would be prohibited by ment to amendment No. 1199, proposed through the Reserve Officers’ Training law. by Mr. HATCH, to the bill, S. 735, supra; Corps as a second lieutenant in the (d) RIGHTS AND BENEFITS.—Nothing con- as follows: Regular Army following his graduation tained in this section shall create any right At the appropriate place in the amend- from the University of Maine at Orono or benefit, substantive or procedural, en- ment, insert the following new section: forceable by any party against the United in June 1969. Over the course of his ca- States, its agencies or instrumentalities, its SEC. . PROHIBITION ON DISTRIBUTION OF IN- reer, Colonel O’Keefe served in a vari- FORMATION RELATING TO EXPLO- officers or employees, or any other person. SIVE MATERIALS FOR A CRIMINAL ety of challenging troop and staff as- (e) WAIVER.—The President may waive the PURPOSE. signments in the United States, Ger- prohibitions described in subsection (a) of (a) Section 842 of title 18, United States many, Korea, and Vietnam. Following this section for a country for successive 180 Code, is amended by adding at the end the completion of the Armor Officer’s day periods if— following new section: Basic Course at Fort Knox, then-Lieu- (1) the President determines that national ‘‘(l) It shall be unlawful for any person to tenant O’Keefe reported for duty with security interests or humanitarian reasons teach or demonstrate the making of explo- the 1st Squadron, 17th Cavalry, as- justify a waiver; and sive materials, or to distribute by any means signed to the elite 82nd Airborne Divi- (2) at least 15 days before the waiver takes information pertaining to, in whole or in effect, the President consults with appro- part, the manufacture of explosive mate- sion, at Fort Bragg, NC. Lieutenant priate committees of Congress regarding the rials, if the person intends, or knows that O’Keefe practiced his craft and honed proposed waiver and submits a report to the such explosive materials or information will his skills while serving in a variety of Speaker of the House of Representatives and likely be used for, or in furtherance of, an positions at the troop level. the President Pro Tempore of the Senate activity that constitutes a Federal criminal He arrived in Pleiku, in the Central containing— offense or a criminal purpose affecting inter- Highlands of Vietnam, in December of (A) the name of the recipient country; state commerce.’’ 1971, and assumed command of D (B) a description of the national security (b) Section 844 of title 18, United States Troop, 17th Cavalry. the Ia Drang Val- interests or humanitarian reasons which re- Code, is amended by designating section (a) quire a waiver; as subsection (a)(1) and by adding the fol- ley, sight of one of the first large bat- (C) the type and amount of and the jus- lowing new subsection: tles of the war, was only thirty miles tification for the assistance to be provided ‘‘(a)(2) Any person who violates subsection distant. One of the last major fights of pursuant to the waiver; and (l) of section 842 of this chapter shall be fined the war, the Easter Offensive in March,

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7706 CONGRESSIONAL RECORD — SENATE June 5, 1995 1972, involved this same area, and Ray zoned with names we associate with THE BUDGET RESOLUTION FOR O’Keefe was there. gallantry, courage, sacrifice: Little Big FISCAL YEAR 1996 His next assignment brought him to Horn, Leyte, Korea. Equipped with ∑ Mrs. MURRAY. Mr. President, I was a post well-known in the annals of cav- tanks, helicopters, armored personnel forced to cast my vote against the alry lore—Fort Riley, KS—the birth- carriers, and artillery, the division cav- budget resolution for the upcoming fis- place of the famous 7th Cavalry Regi- alry squadron is perhaps one of the cal year. ment. Already an experienced combat most lethal fighting organizations As a member of the Budget Com- veteran, Ray served with distinction as within the Army and one of the most mittee, I take seriously my respon- a troop commander and operations offi- challenging to effectively command. sibilities to form and oversee our Na- cer with the 1st Squadron, 4th Cavalry, Its mission was one of the cold war’s tion’s budget. Accordingly, I believe refining his skills, coaching, and teach- most difficult and sensitive—patrolling the budget resolution is one of the ing the cavalrymen and officers en- the border between freedom and tyr- most important documents produced trusted to his care. anny in Europe. Under Ray O’Keefe’s by the Congress each year. Obviously, Ray O’Keefe stood out expert hand, the troopers of the 3rd This resolution is critical legislation from his peers, for as an armor officer Squadron patrolled the intra-German because it sets our Nation’s priorities. he was selected to attend Infantry Offi- border 24 hours a day, 7 days a week. It steers our economic policies. And, it cers Advanced Course at the U.S. Army Tough, realistic training and com- carries weight with the American peo- Infantry School. Selection to an ad- petent, confident leadership were re- ple. vanced course of another branch is an I believe this process should be used indication that an officer has mastered warded in 1985 when the 3rd Squadron captured the prestigious Flynn Cup, to give the American people hope. The his basic branch skills and is being American people deserve a sound budg- groomed for positions of much greater awarded to the best border squadron in the VII Corps. Through sustained supe- et, which reflects their spending prior- responsibility. His follow-on assign- ities. And, they deserve economic secu- rior performance, Ray O’Keefe proved ment as a staff plans officer with the rity in youth as well as in older years. Joint Personnel Staff at Headquarters, he had what it took to command and Unfortunately, Mr. President, this 8th U.S. Army, in Yong San, Korea, un- care for 1,200 soldiers and their fami- budget fulfills none of these require- derscored the high regard in which he lies. ments. It is truly the worst of slash was held by his superiors. The assign- The Joint Staff provided Ray O’Keefe and burn politics. It is misguided eco- ment provided Ray valuable experience another opportunity to excel. Assigned nomic policy. It robs our constituents working with senior officers and those as Chief of the Operations, Training, of hope and our children of their fu- of the other Services and would serve and Exercise Branch in the National ture. him well in future assignments. Military Command Center, he played a Mr. President, our colleagues offered Following promotion to major ahead key role in every world crisis for al- a number of amendments which would of his peers, and with a Master of most 2 years. Colonel O’Keefe devel- have gone a long way to improve this Science degree in Educational Admin- oped and wrote the required oper- bill. istration in hand, Ray O’Keefe re- ational concept for what was to become I must say, Mr. President, I was turned to New England. Assigned as the automated Crisis Management Sys- pleased that a strong bipartisan coali- the Assistant Professor of Military tem, now the heart of the Joint Chiefs tion of Senators supported a sense of Science at the University of New of Staff crisis management response. the Senate measure I offered on impact Hampshire, he excelled as an instructor The impact of this contribution to our aid. Impact aid is critical educational of young men and women. Those en- Nation cannot be overstated. assistance for our federally impacted trusted with attracting and developing school districts. I hope my amendment our Army’s future leaders have a par- Colonel O’Keefe culminated his serv- will ensure that the Federal Govern- ticularly important responsibility. Ray ice as Chief, Congressional Activities ment lives up to its responsibilities to O’Keefe truly understood this responsi- Division, Office of the Chief of Staff, our Nation’s schoolchildren who live on bility and more than met the chal- U.S. Army. In this capacity, Ray once Federal property. That is the minimum lenge. again set the standard preparing senior we owe the children of our women and As a field grade officer, Ray contin- Army leadership for their personal men in uniform, and I am pleased the ued with his service in a series of in- interactions with Congress, including distinguished chairman of the Budget creasingly challenging assignments, confirmations, congressional testi- Committee, Mr. DOMENICI, accepted my this time in Germany. The cold war mony, and meetings with Members of amendment as part of his resolution. was at its height, and deterrence was Congress. Ray also supervised prepara- Unfortunately, many other amend- the keystone of our defense policy. tion and publication of the Army’s an- ments which would have improved this Trained and ready, Army forces pro- nual Posture Statement and Focus pe- bill failed to pass on largely party-line vided NATO’s first line of defense in riodical. Both General Sullivan and votes. Europe against the Warsaw Pact. Serv- Secretary West have come to rely on I was pleased to support a substitute ing 1 year as executive officer of the Ray O’Keefe’s sound judgment, keen budget proposed by my friend, the Sen- 4th Battalion, 64th Armor, in insight, and sage advice. In this assign- ator from North Dakota, Mr. CONRAD. Aschaffenburg, followed by almost 3 ment, as in all the others throughout His proposal—the fair share plan— years on the Operations and Plans staff his career, Ray has been in the van- reached balance, closed loopholes, ex- of the 3rd Infantry Division in guard working to ensure that Amer- cluded Social Security, but smoothed Wurzburg, then-Major O’Keefe was in- ica’s Army maintains, the warrior’s the glidepath of reduced spending. It is strumental in successfully bringing the edge. my sincere belief that the budget pro- M1 Abrams main battle tank to the di- posed by Senator CONRAD would have vision. Personally selected by the com- Col. Raymond W. O’Keefe is indeed been a better starting point than the manding general as chief of training the quintessential leader. His selfless one put forth by my Republican col- for the division, Ray soon became the service, commitment to excellence, and leagues. The Conrad plan was not per- recognized expert in Europe on fielding caring professionalism have contin- fect, but it would have been better for and training for the M1 tank. ually provided inspiration to those our children, our elderly, the environ- Battalion command is a challenge re- with whom he has served. This excep- ment, and the most vulnerable mem- served for only the Army’s most capa- tional officer truly personifies those bers of our society. ble and most promising officers. In traits of courage, competency, and in- My friends, the distinguished junior June of 1984, then-Lieutenant Colonel tegrity that our Nation has come to ex- Senator from South Carolina, Senator O’Keefe’s demonstrated performance pect from our Army officers. When he HOLLINGS, and the Senator from Iowa, and potential resulted in his selection was needed, he was there. He has Mr. HARKIN, offered a wise amendment to command the 3rd Squadron, 7th Cav- served our Nation well, and our heart- which aimed at restoring the draconian alry, a unit rich tradition. From its felt appreciation and best wishes for cuts to education. I was pleased to battalion colors fly streamers embla- continued success go with him.∑ speak in favor of this amendment, and

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7707 an truly sorry that our Republican is also the most renowned. The induc- I support Senator CONRAD’s approach friends were unable to join colleagues tion as an honorary fellow is the high- to balancing the budget because I be- on this side of the aisle in restoring est honor awarded by the college. This lieve that it represents a far more equi- some hope for our children’s future. tribute is unquestionably one that table approach to balancing the budget Similarly, my Budget Committee Hiram should be proud of, because the than the budget resolution which colleague, the Senator from New Jer- college only gives out five or six passed the Senate. sey, Mr. LAUTENBERG, and my friend awards in one year to the best surgeons Mr. President, I support the Conrad from West Virginia, Mr. ROCKEFELLER, around the world. amendment because it balances the offered an important amendment to re- Hiram was also asked to deliver the budget without counting the Social Se- store some of the nasty cuts to the Lister lecture at the college’s annual curity trust fund surplus. I have stated Medicare and Medicaid Programs. This meeting in Aberdeen, Scotland on May in the past that I cannot support a bal- amendment would have given some 26, 1995, making him the first American anced budget that does not protect So- much-needed security to our elderly. It to give the Lister lecture. Hiram is cial Security. A promise made must be would have also loosened the squeeze also one of only 13 people to ever de- a promise kept. on the middle class—average Ameri- liver the lecture. He joins an impres- We cannot jeopardize the retirement cans like me, who are caught between sive list of past lecturers which include benefits of the G.I. Joe generation—the elderly, frail parents, and kids at two Nobel Prize winners. His speech generation that fought and saved civ- home. will focus on his work to understand ilization. We owe it to our veterans and I was honored to join two of my dis- and control infection after trauma, re- their families to ensure a safe and se- tinguished colleagues from the Finance search he has worked extensively on at cure future. Committee, Senator BRADLEY and Sen- the University of Louisville for more In addition, I support the Conrad ator BREAUX to roll back the tax in- than a decade. amendment because it fully funds edu- crease on our country’s working fami- Hiram received his medical degree lies. This budget plan raises the taxes from Harvard University in 1960, and 11 cation and restores some of the cuts to on families earning less than $28,000 per years later he accepted a position at veterans programs, infrastructure in- year. I think nearly everyone in this the University of Louisville. At the age vestments, and technology programs, country would agree it is inherently of 35, Hiram was named chairman of while still achieving a balanced budget. unfair to raise taxes on the lower mid- surgery at the university, making him Mr. President, I also want to express dle class and give a break to the one of the youngest surgery depart- my strong support for an amendment wealthiest among us. Unfortunately, ment chairmen in the Nation. offered by my colleague, Senator KEN- this amendment was rejected on party His research on surgery infection NEDY, to restore funding for college aid. lines. That is a tragic and sad mistake. began in 1969, and he says it still has a The Republican budget resolution Time and again, some of our col- long way to go. He best describes his would cut $30 million in Federal aid to leagues attempted to restore common work in a recent article from the Cou- college students over the next 7 years. sense to this budget, but we were rier Journal, ‘‘you keep hoping for a This is the largest education cut in caught up in the partisanship of this breakthrough. But in fact * * * you’re U.S. history. body. One of the worst examples of this crawling your way up the Washington This is unacceptable. Education must came with the defeat of the Murray Monument one step at a time.’’ And be a No. 1 priority. It is with me and it amendment. My amendment simply you can bet, Hiram will continue his should also be a priority in this budget. would have protected kids from Med- research on surgical infections for Senator KENNEDY’s amendment icaid cuts. Despite the defeat of my years to come. would have helped to restore college amendment which would have put the Mr. President, I commend Dr. Hiram student aid funds. This amendment did Senate on record that children should C. Polk, Jr., for his outstanding service not pass, but yet it is extremely impor- not be left without insurance, I will to the University of Louisville and to tant when half of all college students continue to fight for the interests of the entire medical community. I ask receive Federal financial aid. children in this Nation as the Medicaid my colleagues to join me in recog- However, I am pleased that the system is reformed by this Congress. nizing the hard work of this out- Snowe amendment which was adopted Lastly, I was very disappointed that standing Kentuckian and to congratu- will restore $9.4 billion over 7 years to an amendment offered by my colleague late him on his induction as an hon- student loans. I support this amend- from Delaware, Senator ROTH, was de- orary fellow into the Royal College of ment because I know what it will mean feated. The Senator from Delaware cor- Surgeons.∑ to Maryland’s students. rectly called attention to the risks to f Our undergraduate students borrow our environment if oil exploration were the maximum of $17,125 just to be able to be extended in the Arctic National THE BALANCED BUDGET RESOLUTION to afford a college education, access to Wildlife Refuge. This amendment was increased opportunities and to achieve ∑ Ms. MIKULSKI. Mr. President, unfor- important for the future of our Na- the American dream. tion’s environment, and its defeat is tunately I was unable to vote on the balanced budget resolution and several The cost of college has skyrocketed shortsighted and ill-advised. and our students need our support Mr. President, without these amend- pending amendments. I was the com- through Federal financial aid programs ments, without this safety net for our mencement speaker for the 1995 grad- or through innovative initiatives like children, without protections of our en- uating class of Johns Hopkins Univer- National Service. We cannot turn our vironment, and without other safe- sity in Baltimore from which my niece back on them now. guards for our most vulnerable citi- and nephew were also graduating. zens, this resolution is fatally flawed. However, had I been here to vote I Mr. President, in this budget, we are And, I cannot support this draconian would have voted against the resolu- given cuts, not compassion. As an ap- and risky budget plan.∑ tion because I believe it hurts too propriator, I know firsthand what these cuts mean. These are not num- f many Americans. It hurts our seniors and it hurts our students. bers. These are not statistics. These TRIBUTE TO DR. HIRAM C. POLK, Everything this country has fought are not line items. They are issues peo- JR. for is being attacked in this budget, ple care about. ∑ Mr. MCCONNELL. Mr. President, I Medicare, Medicaid, long-term care, Balancing the budget should not be rise today to honor Dr. Hiram C. Polk, veterans health care, and education. about rhetoric or about scoring polit- Jr., Hiram is chairman of surgery at We must have a call to arms to save ical points. Balancing the budget the University of Louisville, and this lives and save people. should be about honoring the contribu- week he will be inducted into the Mr. President, during consideration tions of the G.I. Joe generation, the Royal College of Surgeons of Edin- of the budget resolution, Senator generation who worked hard, played by burgh, Scotland as an honorary fellow. CONRAD offered an amendment which the rules, and served our country well. The Royal College of Surgeons is the would have achieved a balanced budget It is for those who are fighting for the oldest surgical college in the world and by 2004. future generations of Americans.

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7708 CONGRESSIONAL RECORD — SENATE June 5, 1995 Mr. President, the Senate still has a and a diverse population create an en- esteemed former police commissioner long way to go this year and a lot of vironment where the bonds of commu- of New York City, gave a moving com- work to do on this Nation’s budget. nity can thrive. Approximately 56,000 mencement speech at Marist College in This resolution is not the final word inhabitants strong, Gloucester Town- Poughkeepsie, NY. Senators will recall and I look forward to setting this Na- ship is no longer a small town on the that, in addition to his service as the tion’s priorities straight and fighting banks of a creek. Still, the small-town head of the Nation’s largest police for the generations to come.∑ belief that fellow residents are actually force, Commissioner Kelly recently re- f friends and family, still flourishes and turned from a very demanding assign- has allowed Gloucester’s different com- ment as director of the International THE TERCENTENNIAL ANNIVER- munities to live harmoniously as their Police Monitors in Haiti. SARY OF GLOUCESTER TOWN- community has grown. Today, when In his speech, Commissioner Kelly SHIP, NJ the fragile ecology of our social envi- urged the Class of 1995 to be, and I ∑ Mr. BRADLEY. Mr. President, today ronment is as threatened as that of our quote, ‘‘America’s new idealists. * * * I wish to commemorate the 300th anni- natural environment, I am delighted to America needs new, energetic voices to versary of the founding of Gloucester have the opportunity to pay tribute to counter the current wisdom that says Township. Three hundred years after the inhabitants of Gloucester Township all government is suspect. The class of its incorporation, Gloucester Township and the lessons they offer in commu- ’95 should be that voice.’’ has grown from a small farming com- nity and modern living. In recognition of Commissioner munity along the banks of what is now Mr. President, I congratulate Kelly’s public service, Marist College Timber Creek into one of New Jersey’s Gloucester Township once again, on awarded him an honorary Doctorate of premier residential communities. their tercentennial anniversary.∑ Humane Letters. His fine commence- On June 1, 1995, residents of Glouces- f ment address truly deserves the atten- ter Township celebrated their 300th tion of the Senate, and I ask that the year with a ceremony consisting of a SOCIAL COMPACT’S 1995 OUT- text of the speech be printed in the STANDING COMMUNITY INVEST- reenactment of the 1695 Proclamation RECORD. of Incorporation. After the ceremony, MENT AWARD The speech follows: the tercentenary committee presented ∑ Mr. LEVIN. Mr. President, I would REMARKS BY RAYMOND W. KELLY a hand-sewn quilt consisting of 33 pan- like to recognize the Sturgis Neighbor- President Murray, Brother Paul, Chairman els which traces the township’s unique hood Program [SNP] and the Sturgis Dyson, friends, family, and members of the history and highlights the area’s his- Federal Savings Bank as recipients of class of 1995. I want to express my apprecia- toric sites. The quilt, lovingly crafted the Social Compact’s 1995 Outstanding tion to Marist College and its board of trust- by over 20 volunteers, took hundreds of Community Investment Award. The ees for conferring this honorary degree on hours to complete and is a fitting trib- Social Compact is an ecumenical coali- me. And I want to express my congratula- ute to a special community. Like the tion of hundreds of CEOs from all types tions to the class of ’95 who earned your de- grees the hard way. This honor permits me memorial quilt, Gloucester Township is of financial services institutions and to share with the class of ’95 the soaring rep- a creation of the sum of its parts, in- neighborhood self-help organizations utation of this great institution; a reputa- corporating many small, distinct com- who have joined forces to promote tion which has spread far beyond the con- munities—each with their own his- proven, effective strategies for fines of the Hudson Valley, across America tories and special characteristics—to strengthening America’s vulnerable and beyond, to some unexpected corners of add color and form to the township. neighborhoods. the world. When the mayor and town council of The partnership achievement of the What Brother Paul Ambrose and the origi- Gloucester donned their colonial-era Sturgis Neighborhood Program and the nal Marist fraternity planted with their garb to reenact the Incorporation Proc- sweat and broad shoulders has blossomed be- Sturgis Federal Savings Bank is re- yond even their inspired dreams. It has blos- lamation, they payed tribute to an building community hope and pride by somed because the secular community who area of New Jersey that is rich in his- stabilizing lower income neighborhoods followed in their footsteps kept the faith and tory. The community of Chews Land- and families through the rehabilitation worked hard. The result is this beautiful ing, which predates New Jersey’s state- of affordable rental housing. Since its campus, a crown jewel on the Hudson River. hood by years, is still sprinkled with inception, the SNP has rehabilitated But Marist College is far more than that. old, historic homes many built during five single family homes and more are It has preserved what other institutions have the days when George Washington and lost, or are still trying to achieve: namely, a on the way. Tenant families are em- faculty that teaches, an administration that James Madison were subscribers to the ployed, receive family development leads, and a board of trustees that governs. St. John’s Episcopal Church in Chews guidance, and participate in mainte- The result—and I know this first hand—are Landing. Other colorful figures in nance education programs. Families graduates who leave Marist College ready to American history who have roots in also participate in a Goal Setting Plan take on the world, in all of its complexity, Gloucester Township include: Lt. which guides them toward being self- and even its dangers. Aaron Chew, a local war hero; Abra- sufficient, productive members of the Last fall, when President Clinton asked me ham Clark, George Reed, and Charles community. to go to Haiti to direct the international po- Campbell, signers of the Declaration of lice monitors, he put at my disposal over The Sturgis Federal Savings Bank twelve hundred police professionals from Independence; F. Muhlenberg, a mem- was the first institution to support around the world. In addition, I had United ber of the Continental Congress and SNP’s mission and played a vital role States Army and Marine Corps personnel re- first Speaker of the House; William in its initial success. With the assist- porting to me. Our job was to stop human Patterson, former Governor of New ance of Sturgis Federal, SNP received rights abuses by a notorious Haitian police Jersey; and Elias Boudinot, a member grants and subsidies which allowed the and military, and to establish an interim of the New Jersey Continental Con- organization to successfully renovate public security force. We did all that, and gress and Director of the first U.S. the completed five units of affordable more. Mint. Blenheim, home to the cemetery I was honored to lead the effort, but I cer- rental housing. It is my honor to con- tainly could not do it alone. With a large and that is still known today as Wallin’s gratulate the Sturgis Neighborhood highly skilled group from which to choose, I Graveyard, was home to Charity Chew Program and the Sturgis Federal Sav- needed three individuals for key positions. I Powell and her husband Richard who ings Bank. I join the Social Compact in had neither the time nor the inclination to lost 17 of their 20 sons in the American thanking them for their contributions check their college credentials. I just went Revolution and other of our country’s to the Sturgis community.∑ on my instincts that came with 30 years of judging leadership in the New York City Po- early wars. f Gloucester Township is not only rich lice Department and the United States Ma- in history, it is also blessed with at- RAYMOND KELLY’S COMMENCE- rine Corps. And today, I want the Marist College class tributes that make the area such a MENT SPEECH TO MARIST COL- LEGE of 1995 to meet the three individuals who I wonderful place to live and raise a fam- asked to go in harms way to lead Haiti out ily. An outstanding school system, ∑ Mr. MOYNIHAN. Mr. President, on of the hell created by a brutal dictatorship. beautiful parks, an active little league, May 20, 1995, Raymond W. Kelly, the They are (and I’d like them to stand):

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7709 United States Marine Corps Major Samuel Americans are, by nature, generous and op- proud of in this victory. It is the Delgado, military liaison for Haiti’s second timistic and we need to reclaim our heritage. crowning achievement in this arduous largest city, and Marist College graduate, You need to reclaim it. sport demonstrating that a commit- class of 1977. I was recently told about a retired General United States Marine Corps Major Mario Electric employee who had immigrated to ment to teamwork and excellence do Labpaix, interpreter and military liaison for the United States from the Ukraine during pay off. This is especially true among Haiti’s largest city, and Marist College grad- World War Two. He came, by way of Russia, the upperclassmen who could have uate, class of 1978. by way of Germany, by way of France. He rested on their 1993 championship lau- And former assistant commissioner of the was a refugee. Along the way he met Amer- rels. By example, their hard work to New York City Police Department, Paul J. ican soldiers, the first Americans he had ever get back on top will be carried on by Browne, the deputy director of the inter- seen. He said the Americans were fundamen- national police monitors in Haiti, and Marist SU teams for years to come. A tradi- tally different from him and from everyone tion of winning has been maintained, College graduate, class of 1971. he had ever known. They are three reasons who our mission in The Americans were full of hope. They and it is a tradition that I believe fu- Haiti was a success. And if the President of were full of optimism and idealism. They ture Syracuse teams will sustain. the United States called again tomorrow and laughed easily and looked to the future. He We can all be proud of the accom- asked me for three good men, I’d call knew no one like them. They were plishment of these young men. They Delgado, Lapaix and Browne. And if the unencumbered by the old European notions have risen to claim top honors in this President of the United States called tomor- of family position, of wealth, of status. They demanding sport without sacrificing row and asked me for three hundred good were free of the elitism that held so many men and women, I’d call the Marist College their academic standards. Mr. Presi- people back. He said he saw the Americans placement office. dent, once again, I salute our Nation’s as ‘‘a new tribe,’’ completely and irresistibly Professor Lavin described it as an ‘‘un- NCAA Lacrosse Champions, the Syra- different from his experience, and he des- canny coincidence.’’ But I’m not so sure. It cuse University Orangemen.∑ should be no surprise that the tenets of eth- perately wanted to be a member of the tribe. That was 50 years ago. But the world still ics and of public service rooted in the Marist f sees Americans in much the same way. In tradition and carried forward in its class- THE EVERYBODY WINS PROGRAM Haiti, we were welcomed as liberators by the rooms emerge in its graduates, just when the poorest people in the Western Hemisphere. ∑ world needs them most. Mr. SIMON. Mr. President, this I urge the class of 95 to hold fast to those The graffiti on the walls in Port-Au-Prince spring on Capitol Hill an exiting lit- tenets, and to make ethical conduct and said: ‘‘Americans, please stay in Haiti for 50 eracy program began with the help of service to your fellow human beings the hall- years.’’ Senators and Senate staff. The children marks of whatever careers await you. Amer- American self-interest was served in Haiti, at Brent Elementary School are now certainly as it applied to curtaining the flow ica, and the world, sorely need both. America being read to once a week during their and the world also need people who will of illegal immigration into the United States. But we also went to Haiti because it lunch hours by volunteers in the Ev- stand on principle. And, uphold in their daily erybody Wins Program. Everybody lives the values that this institution believes was the right thing to do. We put our might in. were our mouth was. We fed the hungry. We Wins is a successful literacy program My advice to the class of 95 is: Tell the saved lives. We routed the bullies, and res- which matches up professionals with truth, be loyal to your friends, but not blind cued fellow human beings from despots. We at-risk, inner-city school children as to their failings, and set a standard of eth- restored democracy. We treated some of the reading partners. ical conduct for yourselves and to be true to poorest people in the world with great dig- During each power lunch session, the nity, which was a completely new experience it no matter what. reading partners select a book and read Whatever perceived advantage in your per- for them. sonal or public life is sacrificed by doing the We need to practice that charity at home, aloud together—an activity that the right thing is not worth attaining if it means and not be afraid to remain engaged abroad. Commission on Reading calls the sin- compromising what you believe in. America needs you to do that. America needs gle most important activity for build- One other thing: I have never made a ca- optimists. It needs idealists. America needs ing a child’s eventual success in read- reer decision based on money, and I have the class of 95 to be engaged in the world. ing. never regretted it. I can see all of you with If your country asks you to serve, say yes. Dr. Frances Plummer, the principal loan payments cringing. But I mean it. Sim- If it doesn’t ask, volunteer. of Brent Elementary School, has been We need to have the kind of faith in our- ply put, money is overrated. America has instrumental in making this program a plenty of money and plenty of money mak- selves that the world has in America. ers, what it needs is idealists. We need Americans who believe, as Presi- success. Dr. Plummer, a native Wash- I urge class of 95 to be Ameria’s new ideal- dent Kennedy did, that ‘‘Here on Earth, ingtonian, attended the D.C. schools, ists. God’s work must truly be our own.’’∑ from kindergarten through receiving Somewhere between Dallas, Vietnam and f her B.S. degree from D.C. Teachers Col- Watergate, our idealism was shattered. lege. She then went on to earn a mas- CONGRATULATING SYRACUSE UNI- Idealism was the great casuality of my gen- ters degree and doctorate of education eration. It need not be yours. VERSITY 1995 NCAA LACROSSE from George Washington University. America needs new, energetic voices to CHAMPIONS counter the current wisdom that says all Her career has included being a teacher government is suspect. The class of 95 should ∑ Mr. D’AMATO. Mr. President, I rise and assistant principal in the Wash- be that voice. toady to pay tribute to our Nation’s ington D.C. public schools before going America needs a conscience that counters 1995 NCAA Men’s Lacrosse Champions, on to become the principal of the Brent the lie that the poor are responsible for their the Orangemen of Syracuse University. Elementary School. own plight. The class of 95 should be that I am particularly proud both as a New Dr. Plummer’s philosophy is ‘‘Teach conscience. America needs the confidence to refute the Yorker and as an alumnus of both the each child at your school as you would proposition that self interest should come university and its law school. want your own child taught.’’ I, along before all other interests. The class of 95 Last Monday, before a crowd of over with my colleagues who are partici- should have that confidence. 26,000, the Orange bested the Maryland pating in the program would like to There is also a disturbing manifesto of gov- Terrapins—who enjoyed a home field commend Dr. Plummer’s patience, hard ernment mistrust abroad in the land. It is advantage—by a score of 13–9 to win work, and a lifetime of dedication to embraced by a radical fringe that is not pre- the collegiate title. This victory was a the children that she serves.∑ pared to die for its cause but ready to kill for fitting tribute to the memory of the it. But it is not embraced by the radicals f late Roy Simmons, Sr.—the father of alone. It is espoused by newcomers to leader- ORDERS FOR TUESDAY, JUNE 6, ship who say they are drawn to government SU Coach Roy Simmons, Jr., and the for the principal purpose of dismantling it. It legend of Syracuse lacrosse—to whom 1995 has also given rise to a new mean-spirited- the Orangemen had dedicated their sea- Mr. LOTT. Mr. President, I ask unan- ness and a new cynicism; one that casts a son. The victory for Syracuse marks imous consent that when the Senate cold eye on the plight of the poor and the as- the sixth time that the Orange have completes its business today it stand in pirations of minorities and immigrants. And won the national championship and a recess until the hour of 9:15 a.m., on it has given rise to a new isolationism which record 13th straight trip to the final Tuesday, June 6, 1995, that following would confine American foreign policy to the dark parameters of narrow self interest. four. the prayer, the Journal of proceedings All of this suspicious introspection is unbe- The young men of the Syracuse Uni- be deemed approved to date, the time coming of the American character. versity lacrosse team have a lot to be for the two leaders be reserved for their

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7710 CONGRESSIONAL RECORD — SENATE June 5, 1995 use later in the day, and that Senator Thereupon, the Senate, at 6:58 p.m., REVELLE, DAVID M., 000–00–0000 SCHMEISER, STEPHEN A., 000–00–0000 SNOWE be immediately recognized to recessed until tomorrow, Tuesday, STANTON, ROBERT J., 000–00–0000 speak for up to 30 minutes; further, June 6, 1995, at 9:15 a.m. STEER, THOMAS J., 000–00–0000 SUMMERS, TOMMY L. 000–00–0000 that at the hour of 9:45 a.m, the Senate f TANAKA, CLEMENT, 000–00–0000 immediately resume consideration of TEXLEY, THOMAS E., 000–00–0000 NOMINATIONS ULATOWSKI, VALERIE A., 000–00–0000 S. 735, the antiterrorism bill. VALENZUELA, JOSEPH J., 000–00–0000 The PRESIDING OFFICER. Without Executive nominations received by VULCAN, LELAND C., 000–00–0000 WARREN, THOMAS W., JR., 000–00–0000 objection, it is so ordered. the Senate June 5, 1995: ZEIDERS, GLENN W. III, 000–00–0000 Mr. LOTT. Mr. President, I now ask NATIONAL FOUNDATION ON THE ARTS AND THE THE FOLLOWING-NAMED U.S. NAVAL RESERVE OFFI- CERS, TO BE APPOINTED IN THE MEDICAL CORPS OF THE unanimous consent that the Senate HUMANITIES U.S. NAVY, PURSUANT TO TITLE 10, UNITED STATES stand in recess between the hours of TRACEY D. CONWELL, OF TEXAS, TO BE A MEMBER OF CODE, SECTION 531: 12:30 and 2:15 on Tuesday for the week- THE NATIONAL MUSEUM SERVICES BOARD FOR A TERM MEDICAL CORPS EXPIRING DECEMBER 6, 1996, VICE FAY S. HOWELL, TERM ly policy luncheons to meet; further EXPIRED. To be captain that Senators have until the hour of SECURITIES INVESTOR PROTECTION BOONE, JOHN L., 000–00–0000 12:30 on Tuesday to file first-degree CRAIG, BARBARA R., 000–00–0000 CORPORATION GOLDFARB, THEODORE G., 000–00–0000 amendments to S. 735, the ALBERT JAMES DWOSKIN, OF VIRGINIA, TO BE A DI- LANDON, CHARLES W., 000–00–0000 antiterrorism bill, in order to comply RECTOR OF THE SECURITIES INVESTOR PROTECTION MC DEVITT, EDWARD R., 000–00–0000 CORPORATION FOR A TERM EXPIRING DECEMBER 31, 1998. REVILLE, ROGER D., 000–00–0000 with rule XXII of the Standing Rules of (REAPPOINTMENT.) SHEN, VINCENT S., 000–00–0000 the Senate. SMITH, RONALD E., 000–00–0000 DEPARTMENT OF STATE WEAR, DEBORAH J., 000–00–0000 The PRESIDING OFFICER. Without DAVID L. HOBBS, OF CALIFORNIA, A CAREER MEMBER To be commander objection, it is to ordered. OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND ADAMS, CHARLES F., JR., 000–00–0000 f PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA ADKISON, DAVID P., 000–00–0000 TO THE CO-OPERATIVE REPUBLIC OF GUYANA. ALBRECHT, DANIEL, 000–00–0000 SCHEDULE WILLIAM J. HUGHES, OF NEW JERSEY, TO BE AMBAS- BEATTIE, MARK A., 000–00–0000 SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF BONDESSON, JEFFERY D., 000–00–0000 Mr. LOTT. For the information of all THE UNITED STATES OF AMERICA TO THE REPUBLIC OF BOSSIAN, JOHN L., JR., 000–00–0000 PANAMA. BRANN, OSCAR S. 000–00–0000 Senators, a cloture motion was filed on BRUCKNER, JAMES D., 000–00–0000 the antiterrorism bill earlier today by IN THE MARINE CORPS BUSCH, WILLIAM T., 000–00–0000 CANAVAN, LYDIA 000–00–0000 the leader. Therefore, Members should THE FOLLOWING-NAMED OFFICER TO BE PLACED ON CHRISTOPHER, ARNOLD R., 000–00–0000 be aware that if they have an amend- THE RETIRED LIST IN THE GRADE INDICATED UNDER CLAYTON, JOHN P., 000–00–0000 THE PROVISIONS OF TITLE 10, UNITED STATES CODE, COOK, DAVID H., 000–00–0000 ment on the list they must file the SECTION 1370: CROWLEY, SUSAN, 000–00–0000 amendment by 12:30 tomorrow, that is To be general CURTIS, JERRI, 000–00–0000 DANIEL, JOHN C., 000–00–0000 Tuesday, to qualify under rule XXII. GEN. CARL E. MUNDY, JR., 000–00–0000 DATO, PAUL, 000–00–0000 Senators should be aware that rollcall DEFEO, JOSEPH W., JR., 000–00–0000 IN THE AIR FORCE DELAHANTY, KEVIN, 000–00–0000 votes are possible prior to the policy THE FOLLOWING CADETS, U.S. MILITARY ACADEMY, DESIMONE, JEFFREY M., 000–00–0000 luncheon recess. FOR APPOINTMENT AS SECOND LIEUTENANT IN THE DEVINE, ROSS S., 000–00–0000 REGULAR AIR FORCE, UNDER THE PROVISIONS OF SEC- DOWGIN, THOMAS A., 000–00–0000 f TIONS 531 AND 541, TITLE 10, UNITED STATES CODE, WITH DUNSEATH, RODNEY A., 000–00–0000 DATES OF RANK TO BE DETERMINED BY THE SEC- ECKLUND, KIRK T., 000–00–0000 RETARY OF THE AIR FORCE. FENTON, LESLIE H., 000–00–0000 ORDER FOR RECESS FISHER, WESTBY G., 000–00–0000 To be second lieutenant FOREMAN, RILEY D., 000–00–0000 Mr. LOTT. Mr. President, if there is FRAZIER, HAROLD A., II, 000–00–0000 no further business to come before the ANN M. BROSIER, 000–00–0000 FRECHEN, KATHLEEN A., 000–00–0000 ANTHONY M. DELUCA, 000–00–0000 GILPIN, ALBERT T., 000–00–0000 Senate, I ask unanimous consent that TODD D. HARRINGTON, 000–00–0000 GOBER, JOHN D. 000–00–0000 Senator SPECTER be recognized when JOEL M. JENSEN, 000–00–0000 GOETTING, ANTHONY 000–00–0000 DARYL S. KIRKLAND, 000–00–0000 GORMAN, JOHN 000–00–0000 he comes in shortly for his remarks, ROBERT H. LEE, 000–00–0000 GREENSMITH, JAMES E., 000–00–0000 and following that, that the Senate MARVIN T. MERCIER, 000–00–0000 HAGER, STEVEN J., 000–00–0000 ABDIEL E. PEART, 000–00–0000 HAINES, GREGORY A., 000–00–0000 stand in recess under the previous SHAD A. REED, 000–00–0000 HALL, WILLIAM J., 000–00–0000 order. AUGUST J. ROLLING, 000–00–0000 HIGGINS, DAVID L., 000–00–0000 ADAM D. WALLEN, 000–00–0000 HIGHTOWER, RANDALL D., 000–00–0000 The PRESIDING OFFICER. Without BRIAN R. WARNER, 000–00–0000 HOWARD, WHITNEY H., 000–00–0000 objection, it is so ordered. IN THE NAVY IMMERMAN, KATHERINE L., 000–00–0000 JERCINOVICH, IGOR A., 000–00–0000 Mr. LOTT. Mr. President, I suggest THE FOLLOWING-NAMED U.S. NAVAL RESERVE OFFI- KALLGREN, DIANE L. 000–00–0000 the absence of a quorum. CERS, TO BE APPOINTED IN THE LINE OF THE U.S. NAVY, KEEFE, MICHAEL A., 000–00–0000 PURSUANT TO TITLE 10, UNITED STATES CODE, SECTION KELLEY, LAURENCE R., 000–00–0000 The PRESIDING OFFICER. The 531: KERSCH, THOMAS J. 000–00–0000 KHALFAYAN, ELIAS E., 000–00–0000 clerk will call the roll. LINE OF THE NAVY The legislative clerk proceeded to KILLIAN, THOMAS J., 000–00–0000 To be lieutenant commander KOELLER, KELLY K., 000–00–0000 call the roll. MC NEILL, DOUGLAS H., 000–00–0000 ARMSTRONG, MARK A., 000–00–0000 MC SHARRY, ROGER J., JR., 000–00–0000 Mr. SPECTER. Mr. President, I ask BROWN, ROBERT C., 000–00–0000 MILLER, RICHARD C. 000–00–0000 unanimous consent that the order for BRUBAKER, STEVEN H., 000–00–0000 MITCHELL, MARC E., 000–00–0000 CARTER, STUART A., 000–00–0000 MOSHMAN, GORDON S., 000–00–0000 the quorum call be rescinded. CASEY, KEVIN C., 000–00–0000 MULL, NATHAN H., IV, 000–00–0000 The PRESIDING OFFICER. Without CLARKSON, JEFFREY D., 000–00–0000 MURPHY, GERALD S., JR., 000–00–0000 DALY, WILLIAM J., 000–00–0000 NEWTON, THOMAS A., 000–00–0000 objection, it is so ordered. DANHAKL, JAMES R., 000–00–0000 NITA, NIPONT N., 000–00–0000 The Senator from Pennsylvania is DAVIS, JEFFREY A., 000–00–0000 PERREN, RICHARD S., 000–00–0000 DEOSS, DISTER L., JR., 000–00–0000 PFAFF, JOHN K., 000–00–0000 recognized. DESMET, PAUL F., 000–00–0000 PIACQUADIO, KATHLEEN M., 000–00–0000 Mr. SPECTER. I thank the Chair. DUBOIS, BRUCE A., 000–00–0000 PONTIER, PAUL J., 000–00–0000 ENKEMA, PHILIP B., JR., 000–00–0000 PORTER, KEVIN R., 000–00–0000 (The remarks of Mr. SPECTER per- FARNUM, PHILLIP H., 000–00–0000 POSTMA, GREGORY N., 000–00–0000 taining to the submission of Senate FERNANDEZ, PELAYO F., 000–00–0000 ROBERTS, JAMES L., 000–00–0000 FETEN, DAVID J., 000–00–0000 ROBINSON, DOUGLAS H., 000–00–0000 Resolution 128 are located in today’s GOSSETT, DEAN H., 000–00–0000 ROLFE, ALAN E., 000–00–0000 RECORD under ‘‘Submission of Concur- GRAYBEAL, JAMES W., 000–00–0000 ROSS, DANIEL G., 000–00–0000 HANNES, KEVIN L., 000–00–0000 SAMPLE, KENNETH M., 000–00–0000 rent and Senate Joint Resolutions.’’) HELWIG, MICHAEL S., 000–00–0000 SAMSON, JOSE, 000–00–0000 Mr. SPECTER. I thank the Chair. I HULLINGER, PHILLIP G., 000–00–0000 SCACCIA, DAVID F., 000–00–0000 JOY, CRAIG M., 000–00–0000 SCHLEICH, CARL T., 000–00–0000 yield the floor. KIYAK, GEORGE C., 000–00–0000 SCHMIDT, CHRISTOPHER P., 000–00–0000 LONG, DARRYL J., 000–00–0000 SHARKEY, PETER F., 000–00–0000 f LOONEY, ANNEMARIE D., 000–00–0000 SLATEN, DOUGLAS D., 000–00–0000 LUCERO, LISA M., 000–00–0000 SPAK, ERIC W., 000–00–0000 RECESS UNTIL 9:15 A.M. LYCAN, PAUL D., 000–00–0000 STROH, DAVID J., 000–00–0000 TOMORROW LYNCH, KAREN A., 000–00–0000 SWANN, LISA A., 000–00–0000 MELONIDES, JOHN S., 000–00–0000 SWEENEY, FRANCIS M., 000–00–0000 The PRESIDING OFFICER. Under MIGLIORE, ANTHONY M., 000–00–0000 TOMESCU, ELVIRA, 000–00–0000 MILLS, THOMAS A., 000–00–0000 TUTTLE, KENNETH W., 000–00–0000 the previous order, the Senate stands NEWSTROM, ERIC P., 000–00–0000 WALLACE, ROBERT D., 000–00–0000 in recess until 9:15 a.m., Tuesday, June NUNEZ, GERALD A., 000–00–0000 WOODWORTH, JAMES M., 000–00–0000 O’ CARROLL, ROSEMARIE, 000–00–0000 WYMER, ROBERT A., 000–00–0000 6. PETTY, ROY S., 000–00–0000 YAGEL, SCOTT L., 000–00–0000

VerDate Aug 31 2005 05:36 May 28, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 0637 Sfmt 9801 J:\ODA15\1995_F~1\S05JN5.REC S05JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 5, 1995 CONGRESSIONAL RECORD — SENATE S7711

YOSHIHASHI, ANN K., 000–00–0000 KLARER, MICHAEL E., 000–00–0000 LINNVILLE, STEVEN E., 000–00–0000 KOCZAK, MARK W., 000–00–0000 LUCART, ANN L., 000–00–0000 THE FOLLOWING-NAMED U.S. NAVAL RESERVE OFFI- KREKELBERG, ANNE M., 000–00–0000 MAHONE, ERNEST M., 000–00–0000 CERS, TO BE APPOINTED IN THE SUPPLY CORPS OF THE LEONARD, KIM A., 000–00–0000 MARIONI, MARIA L., 000–00–0000 U.S. NAVY, PURSUANT TO TITLE 10, UNITED STATES MC ALEXANDER, KALAS K., 000–00–0000 MERRITT, JANELLE A., 000–00–0000 CODE, SECTION 531: MC CORMICK, PATRICK J., 000–00–0000 MONAHAN, MARK C., 000–00–0000 SUPPLY CORPS MC GUIRE, DEBRA E., 000–00–0000 PARADISO, CATHERINE A.S., 000–00–0000 MEEHAN, DIANA L., 000–00–0000 PIERCE, ROBERT H., JR., 000–00–0000 To be lieutenant commander MORENO, JAIRO, 000–00–0000 PRESLEY, STEVEN M., 000–00–0000 NELSON, TERRY E.E., 000–00–0000 PRIBOTH, TERESA L., 000–00–0000 HANSON, KEVIN T.M., 000–00–0000 ORTIZ, RUBEN A., 000–00–0000 RODRIGUEZ, AMILCAR, 000–00–0000 TUFTS, ROBERT K., 000–00–0000 OVERTURF, TIMOTHY L., 000–00–0000 SMITH, ELEANOR J., 000–00–0000 THE FOLLOWING-NAMED U.S. NAVAL RESERVE OFFI- PARISI, MICHAEL J., 000–00–0000 THORNTON, STEPHEN A., 000–00–0000 CERS, TO BE APPOINTED IN THE CHAPLAIN CORPS OF POWERS, ROY S., 000–00–0000 VILLAMORA, ALFONSO B., 000–00–0000 THE U.S. NAVY, PURSUANT TO TITLE 10, UNITED STATES RAMIREZ, ABEL, 000–00–0000 WALTER, PENNY E., 000–00–0000 CODE, SECTION 531: SEILER, JEFFREY H., 000–00–0000 SEYB, STOCKTON K.M., 000–00–0000 THE FOLLOWING-NAMED U.S. NAVAL RESERVE OFFI- CHAPLAIN CORPS SPALDING, MARY H., 000–00–0000 CERS, TO BE APPOINTED IN THE NURSE CORPS OF THE To be captain STEWART, GARY P., 000–00–0000 U.S. NAVY, PURSUANT TO TITLE 10, UNITED STATES TOKAR, PETER, JR., 000–00–0000 CODE, SECTION 531: ANDERSON, JAMES W., 000–00–0000 VEITCH, DONALD P., 000–00–0000 LINEHAN, STEPHEN J., 000–00–0000 WAKEFIELD, TIMOTHY E., 000–00–0000 NURSE CORPS To be commander WEEDEN, GARY P., 000–00–0000 WILLIAMS, CHRISTOPHER J., 000–00–0000 To be lieutenant commander WILLIAMS, ROBERT T., 000–00–0000 BRIMHALL, BARRY W., 000–00–0000 BALLANTYNE, KATHRYN A., 000–00–0000 WILLIAMS, WILLIE, 000–00–0000 MAC NEW, JAMES J., 000–00–0000 BOGLE, MARCIA C., 000–00–0000 WOIENSKI, RICHARD, 000–00–0000 SIMPSON, BRIAN L., 000–00–0000 BOWENS, SHIRLEY M., 000–00–0000 WRIGHT, MICHAEL A., 000–00–0000 SOUTIERE, RONALD A., 000–00–0000 CELLI, MARIAN L., 000–00–0000 YORTON, MARK B., 000–00–0000 YAGESH, RICHARD C., 000–00–0000 DAVIDSON, TINA A., 000–00–0000 To be lieutenant commander THE FOLLOWING-NAMED U.S. NAVAL RESERVE OFFI- DEMCHAK, MICHELE G., 000–00–0000 CER, TO BE APPOINTED IN THE CIVIL ENGINEER CORPS DIONNE, SUSAN E., 000–00–0000 ADAMS, GEORGE E., 000–00–0000 OF THE U.S. NAVY, PURSUANT TO TITLE 10, UNITED DULL, NANCY G., 000–00–0000 ANDERSON, BRUCE M., 000–00–0000 STATES CODE, SECTION 531: FALLS, DEANNA L., 000–00–0000 BARRETT, MILES J., 000–00–0000 CIVIL ENGINEER CORPS FINES, DENISE M., 000–00–0000 BLACK, JON R., 000–00–0000 FISCHER, ROBERT A., 000–00–0000 BOCHONOK, SANDRA L., 000–00–0000 To be lieutenant commander HERNANDEZ, REBECCA, 000–00–0000 BROWN, RONDALL, 000–00–0000 HOFFMAN, CATHARINE M., 000–00–0000 CALHOUN, ANDREW, III, 000–00–0000 GEORGES, DAVID R., 000–00–0000 HUGHES, LINDIA G., 000–00–0000 CARTER, JOHN K., JR., 000–00–0000 THE FOLLOWING-NAMED U.S. NAVAL RESERVE OFFI- ISAACSON, KIMBERLY K., 000–00–0000 CRADDOCK, RONALD D., 000–00–0000 CERS, TO BE APPOINTED IN THE MEDICAL SERVICE KELLEY, PATRICIA A.W., 000–00–0000 CROMER, DAVID C., 000–00–0000 CORPS OF THE U.S. NAVY, PURSUANT TO TITLE 10, KUECK, LYNNE R., 000–00–0000 DANG, CHIN V., 000–00–0000 UNITED STATES CODE, SECTION 531: LALLY, ANNE M., 000–00–0000 DAWSON, PASCHAL L., III, 000–00–0000 LARSEN, MARK S., 000–00–0000 MEDICAL SERVICE CORPS DELIS, ROBERT D., 000–00–0000 MAC KELLAR, JENNIFER T., 000–00–0000 DORY, MICHAEL E., 000–00–0000 To be commander MC DERMOTT, BARBARA A., 000–00–0000 DUNHAM, LARRY C., 000–00–0000 MC KEON, KATHLEEN A., 000–00–0000 DUNN, DOYLE W., 000–00–0000 BELLENKES, ANDREW H., 000–00–0000 NASH, LINDA L., 000–00–0000 ERESTAIN, ALFONSO E., 000–00–0000 To be lieutenant commander OLSON, RONALD L., 000–00–0000 FAUNTLEROY, WILLIAM K., 000–00–0000 PARADIS, ROSEMARIE J., 000–00–0000 FELDER, GERALD W., 000–00–0000 ALKOSHNAW, KAREN M., 000–00–0000 PARODI, VIVIENNE A., 000–00–0000 FIX, DONALD P., 000–00–0000 BYE, EDWARD S., 000–00–0000 PFEFFER, DEBORA A., 000–00–0000 FRANKLIN, JOHN V., 000–00–0000 CARLSON, NEAL A., 000–00–0000 PHILLIPS, RAYMOND E., 000–00–0000 GOODWIN, MELODY H., 000–00–0000 DELARA, EUGENE M., 000–00–0000 SABATINOS, JAMES F., 000–00–0000 GORDY, JOHN C., III, 000–00–0000 EKENNAKALU, CHIDIEBERE, 000–00–0000 SCRUTON, SCOTT D., 000–00–0000 HARKNESS, FURNISS B., JR., 000–00–0000 EVANS, PAMELA J., 000–00–0000 STEVENS, ROSS R.P., 000–00–0000 HOGAN, TIMOTHY D., 000–00–0000 FINCH, MICHAEL L., 000–00–0000 SULLIVAN, MARY T., 000–00–0000 HOLLOWAY, DAVID L., 000–00–0000 FISHER, STUART B., 000–00–0000 SWINEHART, SUSAN L., 000–00–0000 HOLMES, WAYNE P., 000–00–0000 FRANTZEN, THOMAS A., 000–00–0000 TAYLOR, BEVERLY A., 000–00–0000 HUNTER, CHARLOTTE E., 000–00–0000 GALLAND, ROLAND M., 000–00–0000 TAYLOR, NANCY B., 000–00–0000 INGRAM, JAMES A., 000–00–0000 HOWARD, CRAIG M., 000–00–0000 TURNER, CATHERINE E., 000–00–0000 INMAN, RICHARD W., 000–00–0000 HUERTAS, VICTOR M., 000–00–0000 WARREN, MARY K., 000–00–0000 JOHNSON, PATRICK D., 000–00–0000 KATO, KAREN S., 000–00–0000 WILLIAMS, RUTH A., 000–00–0000 KEANE, ROBERT L., 000–00–0000 LINDBERG, AMY D., 000–00–0000 WRIGHT, DOROTHY B., 000–00–0000

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