June 5, 1995 CONGRESSIONAL RECORD— SENATE S7703 

COATS] was added as a cosponsor of S. 

878, a bill to amend the Internal Revenue Code of 1986 to reduce mandatory 

premiums to the United Mine Workers 

of America Combined Benefit Fund by 

certain surplus amounts in the fund, 

and for other purposes. 

SENATE JOINT RESOLUTION 31

At the request of Mr. HATCH, the 

name of the Senator from Oklahoma 

[Mr. NICKLES] was added as a cosponsor 

of Senate Joint Resolution 31, a joint 

resolution proposing an amendment to 

the Constitution of the United States 

to grant Congress and the States the 

power to prohibit the physical desecration of the flag of the United States. 

SENATE JOINT RESOLUTION 34

At the request of Mr. SMITH, the 

name of the Senator from Idaho [Mr. 

KEMPTHORNE] was added as a cosponsor 

of Senate Joint Resolution 34, a joint 

resolution prohibiting funds for diplomatic relations and most-favored-nation trading status with the Socialist 

Republic of Vietnam unless the President certifies to Congress that Vietnamese officials are being fully cooperative and forthcoming with efforts to 

account for the 2,205 Americans still 

missing and otherwise unaccounted for 

from the Vietnam war, as determined 

on the basis of all information available to the United States Government, 

and for other purposes. 

SENATE CONCURRENT RESOLUTION 3

At the request of Mr. SIMON, the 

name of the Senator from Maryland 

[Ms. MIKULSKI] was added as a cosponsor of Senate Concurrent Resolution 3, 

a concurrent resolution relative to Taiwan and the United Nations. 

f 

SENATE RESOLUTION 128—RELATIVE TO BOSNIA-HERCEGOVINA 

Mr. SPECTER (for himself and Mr. 

INHOFE) submitted the following resolution; which was referred to the Committee on Foreign Relations: 

S. RES. 128 

Whereas Article I, Section 8 of the United 

States Constitution provides that Congress 

shall have the sole power to declare war; 

Whereas the Senate adopted S. Res. 330 on 

August 11, 1992, which stated that it was the 

sense of the Senate that no United States 

military personnel shall be introduced into 

combat or potential combat situations without clearly defined objectives and sufficient 

resources to achieve those objectives: Now, 

therefore, be it 

Resolved, That the President is not authorized to use the United States Ground Forces 

in Bosnia-Hercegovina unless—

(1) the use of United States ground forces 

in Bosnia-Hercegovina is authorized in advance by Congress; or 

(2) the deployment of forces of the United 

States ground forces into BosniaHercegovina is vital to the national security 

interests of the United States (including the 

protection of American citizens in BosniaHercegovina), there is not sufficient time to 

seek and receive Congressional authorization, and the President reports as soon as 

practicable to Congress after the initiation 

of the deployment, but in no case later than 

48 hours after the initiation of the deployment. 

Mr. SPECTER. Mr. President, I have 

sought recognition to submit a resolution which would prohibit the President from using ground forces in Bosnia without prior consent of the Congress because, in my view, there is 

ample time for the Congress of the 

United States to deliberate on this 

matter and to make a decision. And 

such a resolution, I submit, is necessary as a constitutional matter to 

preserve the constitutional prerogatives of the Congress and really to stop 

further erosion by the executive 

branch. 

The events of the past week in Bosnia and Herzegovina have been very, 

very disturbing, as they have been for 

the better part of 2 to 3 years now. As 

I have said on the floor of the U.S. Senate in the past, it is my view that the 

mission of the U.N. peacekeepers was 

realistically Mission Impossible because there was no peace to keep. In 

the past I have supported the resolutions and the amendments on the floor 

of the U.S. Senate to lift the arms embargo so that the Bosnian Moslems 

could defend themselves in accordance 

with article 51 of the U.N. Charter. 

We have had the position taken by 

the President in a speech last week at 

the Air Force Academy where he has 

said that U.S. forces would be used to 

relocate U.N. peacekeepers, sent on a 

temporary basis. But we know, as a 

practical matter, what happens when 

there is temporary action taken. 

There has been consistent analysis of 

the terrain in Bosnia, and fighting of a 

ground war there is on absolute marsh 

and swamp, and we are realistically unable to undertake that without assurances that it is to be done on a limited 

basis. 

It is my view that, before there ought 

to be an entry by the United States of 

our own ground forces, we ought to 

have an exit plan as well; that, realistically viewed, the United States does 

not have vital national interests at 

stake there on this state of the record; 

that before even consideration ought to 

be given there ought to be a comprehensive plan; and that there ought 

to be a detailed statement as to what 

the European participation would be 

because it is much more in their interest than ours. These matters ought to 

be submitted—Mr. President, the Senate is not in order. 

The PRESIDING OFFICER. The Senate will come to order. 

Mr. SPECTER. There ought to be a 

comprehensive plan, we ought to know 

exactly what has happened, and the 

matter ought to be deliberated upon 

and voted upon by the Congress of the 

United States. 

We have seen an erosion of constitutional authority of the U.S. Congress 

as the sole agent which is authorized to 

involve the United States in war. We 

fought a war in Korea without constitutional authorization. We fought a 

war in Vietnam without constitutional 

authorization. And these matters 

ought to come to the Congress unless 

there is an emergency, and on the face 

of the resolution which I have proposed 

the President could use the deployment 

of forces if there is a situation ‘‘vital 

to the national security interests of 

the United States, including the protection of American citizens in Bosnia 

and Herzegovina where there is not sufficient time to seek and receive congressional authorization,’’ and then the 

President report as soon as practical to 

the Congress of the United States. 

When the use of force was authorized 

in the Gulf, that was done only after 

the matter was brought to the floor of 

the U.S. Congress, the U.S. Senate. We 

had extensive debate going on on this 

floor on January 10, 11, and 12, 1991 

when there was a resolution passed by 

the Senate authorizing the use of force 

by a 52-to-47 vote, and a similar resolution of authorization was passed by the 

House of Representatives. 

But until and unless the Congress 

makes that decision reflecting the will 

of the American people, it is my view 

that there ought not to be the use of 

ground forces in Bosnia. 

f 

AMENDMENTS SUBMITTED 

COMPREHENSIVE TERRORISM 

PREVENTION ACT 

FEINSTEIN AMENDMENT NO. 1202 

Mrs. FEINSTEIN proposed an amendment to amendment No. 1199, proposed 

by Mr. HATCH, to the bill (S. 735) to prevent and punish acts of terrorism, and 

for other purposes; as follows: 

On page 152, strike line 6 through line 17 on 

page 153, and insert the following: 

SEC. . STUDY AND REQUIREMENTS FOR TAGGING OF EXPLOSIVE MATERIALS, 

AND STUDY AND RECOMMENDATIONS FOR RENDERING EXPLOSIVE 

COMPONENTS INERT AND IMPOSING 

CONTROLS ON PRECURSORS OF EXPLOSIVES. 

(a) the Secretary of the Treasury shall conduct a study and make recommendations 

concerning—

(1) the tagging of explosive materials for 

purposes of detection and identification; 

(2) whether common chemicals used to 

manufacture explosive materials can be rendered inert and whether it is feasible to require it; and 

(3) whether controls can be imposed on certain precursor chemicals used to manufacture explosive materials and whether it is 

feasible to require it. 

In conducting the study, the Secretary 

shall consult with other Federal, State and 

local officials with expertise in this area and 

such other individuals as shall be deemed 

necessary. Such study shall be completed 

within twelve months after the enactment of 

this Act and shall be submitted to the Congress and made available to the public. Such 

study may include, if appropriate, recommendations for legislation. 

(b) There are authorized to be appropriated 

for the study and recommendations contained in paragraph (a) such sum as may be 

necessary. 

(c) Section 842, of title 18, United States 

Code, is amended by inserting after subsection (k), a new subsection (l) which reads 

as follows: 

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S7704 CONGRESSIONAL RECORD— SENATE June 5, 1995 

‘‘(l) It shall be unlawful for any person to 

manufacture, import, ship, transport, receive, possess, transfer, or distribute any explosive material that does not contain a 

tracer element as prescribed by the Secretary pursuant to regulation, knowing or 

having reasonable cause to believe that the 

explosive material does not contain the required tracer element.’’. 

(d) Section 844, of title 18, United States 

Code, is amended by inserting after ‘‘(a) 

through (i)’’ the phrase ‘‘and (l)’’. 

(e) Section 846, of title 18, United States 

Code, is amended by designating the present 

section as ‘‘(a),’’ and by adding a new subsection (b) reading as follows: ‘‘(b) to facilitate the enforcement of this chapter the Secretary shall, within 18 months after the enactment of this Act, promulgate regulations 

for the addition of tracer elements to explosive materials manufactured in or imported 

into the United States. Tracer elements to 

be added to explosive materials under provisions of this subsection shall be of such character and in such quantity as the Secretary 

may authorize or require, and such as will 

not substantially impair the quality of the 

explosive materials for their intended lawful 

use, safety of these explosives, or have a substantially adverse effect on the environment.’’. 

(f) The penalties provided herein, shall not 

take effect until ninety days after the date 

of promulgation of the regulations provided 

for herein. 

SMITH AMENDMENT NO. 1203 

Mr. HATCH (for Mr. SMITH) proposed 

an amendment to amendment No. 1199 

proposed by Mr. HATCH, to the bill, S. 

735, supra; as follows: 

On page 12, line 6, strike ‘‘25 years.’’ and 

insert the following: ‘‘25 years; provided, 

however, that the damages to property that 

were caused, or would have been caused if 

any object of the conspiracy had been accomplished, must exceed, or must be reasonably 

estimated to exceed, $25,000.’’

On page 7, at the end of line 17, add the following: ‘‘provided, however, that the damages to property must exceed $25,000;’’

PRESSLER (AND DASCHLE) 

AMENDMENTS NOS. 1204–1205 

Mr. HATCH (for Mr. PRESSLER for 

himself and Mr. DASCHLE) proposed two 

amendments to amendment no. 1199 

proposed by Mr. HATCH, to the bill, S.

735, supra; as follows: 

AMENDMENT NO. 1204 

At the appropriate place, insert the following: 

SEC. . DESIGNATION OF CARTNEY KOCH 

MCRAVEN CHILD DEVELOPMENT 

CENTER. 

(a) DESIGNATION.—

(1) IN GENERAL.—The Federal building at 

1314 LeMay Boulevard, Ellsworth Air Force 

Base, South Dakota, shall be known and designated as the ‘‘Cartney Koch McRaven 

Child Development Center’’. 

(2) REPLACEMENT BUILDING.—If, after the 

date of enactment of this Act, a new Federal 

building is built at the location described in 

paragraph (1) to replace the building 

decribed in the paragraph, the new Federal 

building shall be known and designated as 

the ‘‘Cartney Koch McRaven Child Development Center’’. 

(b) REFERENCES.—Any reference in a law, 

map, regulation, document, paper, or other 

record of the United States to a Federal 

building referred to in subsection (a) shall be 

deemed to be a reference to the ‘‘Cartney 

Koch McRaven Child Development Center’’. 

AMENDMENT NO. 1205 

At the appropriate place, insert the following: 

SEC. . FALSE IDENTIFICATION OF DOCUMENTS. 

(a) MINIMUM NUMBER OF DOCUMENTS FOR

CERTAIN OFFENSE.—Section 1028 of title 18, 

United States Code, is amended—

(1) in subsection (a)(3), by striking ‘‘five’’

and inserting ‘‘3’’; and 

(2) in subsection (b)(1)(B), by striking 

‘‘five’’ and inserting ‘‘3’’. 

(b) REQUIRED VERIFICATION OF MAILED

IDENTIFICATION DOCUMENTS.—

(1) IN GENERAL.—Chapter 83 of title 18, 

United States Code, is amended by adding at 

the end the following: 

§ 1739. Verification of identification documents 

‘‘(a) Whoever knowingly sends through the 

mails any unverified information document 

purporting to be that of the individual 

named in the document, when in fact the 

identify of the individual is not as the document purports, shall be fined under this title 

or imprisoned not more than 1 year, or both. 

‘‘(b) As used in this section—

‘‘(1) the term ‘unverified’, with respect to 

an identification document, means that the 

sender has not personally viewed a certification or other written communication confirming the identity of the individual in the 

document from—

‘‘(A) a governmental entity within the 

United States or any of its territories or possessions; or 

‘‘(B) a duly licensed physician, hospital, or 

medical clinic within the United States; 

‘‘(2) the term ‘identification document’

means a card, certificate, or paper intended 

to be used primarily to identify an individual; and 

‘‘(3) the term ‘identity’ means personal 

characteristics of an individual, including 

age and nationality.’’

(2) CLERICAL AMENDMENT.—The table of 

sections at the beginning of chapter 83 of 

title 18, United States Code, is amended by 

adding at the end the following new item: 

‘‘1739. Verification of identification documents.’’. 

(c) CONFORMING AMENDMENT.—Section 

3001(a) of title 39, United States Code, is 

amended by striking ‘‘or 1738’’ and inserting 

‘‘1738, or 1739’’. 

SPECTER AMENDMENT NO. 1206 

Mr. HATCH (for Mr. SPECTER) proposed an amendment to amendment 

No. 1199 proposed by Mr. HATCH, to the 

bill, S. 735, supra; as follows: 

On page 22, between lines 18 and 19 insert 

the following: 

‘‘(b) ASSISTANCE TO FOREIGN COUNTRIES TO

PROCURE EXPLOSIVES DETECTION DEVICES AND

OTHER SOPHISTICATED COUNTERTERRORISM

TECHNOLOGY.—Subject to section 575(b), up 

to $10,000,000 in assistance in any fiscal year 

may be provided to procure explosives detection devices or other sophisticated 

counterterrorism technology to any country 

facing an imminent danger of terrorist attacks that threaten the national interests of 

the United States or put United States nationals at risk.’’. 

On page 22, line 19, strike ‘‘(b)’’ and insert 

‘‘(c)’’. 

BROWN AMENDMENT NO. 1207 

Mr. HATCH (for Mr. BROWN) proposed 

an amendment to amendment no. 1199 

proposed by Mr. HATCH, to the bill, S. 

735, supra; as follows: 

At the appropriate place in the Hatch substitute, add the following new section—

‘‘SEC. . SANCTIONS AGAINST TERRORIST COUNTRIES. 

(a) PROHIBITION.—In conjunction with a determination by the Secretary of State that a 

nation is a state sponsor of international 

terrorism pursuant to 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 

2405(j)) or 620A of the Foreign Assistance Act 

of 1961 (22 U.S.C. 2371), the Secretary of 

State, in consultation with the Secretary of 

Commerce, shall issue regulations prohibiting the following—

(1) The importation into the United States, 

or the financing of such importation, of any 

goods or services originating in a terrorist 

country, other than publications or materials imported for news publications or news 

broadcast dissemination; 

(2) Except to the extent provided in section 

203(b) of IEEPA (50 U.S.C. 1702 (b)), the exportation from the United States to a terrorist country, the government of a terrorist 

country, or to any entity controlled by the 

government of a terrorist country, or the financing of such exportation, of any goods, 

technology (including technical data or 

other information subject to the Export Administration Act Regulations, 15 CFR Parts 

768–799(1994)) or services; 

(3) The reexportation to such terrorist 

country, its government, or to any entity 

owned or controlled by the government of 

the terrorist country, or any goods or technology (including technical data or other information) exported from the United States, 

the exportation of which is subject to export 

license application requirements under any 

U.S. regulations in effect immediately prior 

to the enactment of this Act, unless, for 

goods, they have been (i) substantially transformed outside the U.S., or (ii) incorporated 

into another product outside the United 

States and constitutes less than 10 percent 

by value of that product exported from a 

third country; 

(4) except to the extent provided in section 

203(b) of IEEPA (50 U.S.C. 1702(b)), any transaction, including purchase, sale, transportation, swap, financing, or brokering transactions, or United States person relating to 

goods or services originating from a terrorist 

country or owned or controlled by the government of a terrorist country; 

(5) Any new investment by a United States 

person in a terrorist country or in property 

(including entities) owned or controlled by 

the government of a terrorist country; 

(6) The approval or facilitation by a United 

States person or entry into or performance 

by an entity owned or controlled by a United 

States person of a transaction or contract: 

(A) prohibited as to United States persons 

by subsection (3), (4) or (5) or 

(B) relating to the financing of activities 

prohibited as to United States persons by 

those subsections, or of a guaranty of another person’s performance of such transaction or contract; and 

(7) Any transaction by any United States 

person or within the United States that 

evades or avoids, or has the purpose of evading or avoiding, or attempting to violate, 

any of the prohibitions set forth in this section. 

(b) DEFINITIONS.—For the purposes of this 

section: 

(1) the term ‘‘person’’ means an individual 

or entity; 

(2) the term ‘‘entity’’ means a partnership, 

association, trust, joint venture, corporation, or other organization; 

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June 5, 1995 CONGRESSIONAL RECORD— SENATE S7705 

(3) the term ‘‘United States person’’ means 

any U.S. citizen, permanent resident alien, 

entity organized under the laws of the 

United States (including foreign branches), 

or any person in the United States; 

(4) the term ‘‘terrorist country’’ means a 

country the government of which the Secretary of State has determined is a terrorist 

government for the purposes of 69(j) of the 

Export Administration Act of 1979 (50 U.S.C. 

App. 2405(j)), or 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) and includes 

the territory of the country and any other 

territory or marine area, including the exclusive economic zone and continental shelf, 

over which the government of the terrorist 

country claims sovereignty, sovereign 

rights, or jurisdiction, provided that the government of the terrorist country exercises 

partial or total de facto control over the 

area or derives a benefit from the economic 

activity in the area pursuant to international arrangements; and 

(5) the term ‘‘new investment’’ means—

(A) a commitment or contribution of funds 

or other assets, or 

(B) a loan or other extension of credit; 

(6) the term ‘‘appropriate committees of 

Congress’’ means—

(A) the Banking and Financial Services 

Committee, the Ways and Means Committee 

and the International Relations Committee 

of the House of Representatives; 

(B) the Banking, Housing, and Urban Affairs Committee, the Finance Committee 

and the Foreign Relations Committee of the 

Senate. 

(c) EXPORT/RE-EXPORT.—The Secretary of 

the Treasury may not authorize the exportation or reexportation to a terrorist country, the government of a terrorist country, 

or an entity owned or controlled by the government of a terrorist country or any goods, 

technology, or services subject to export license application requirements of another 

agency of the United States government, if 

authorization of the exportation or reexportation by that agency would be prohibited by 

law. 

(d) RIGHTS AND BENEFITS.—Nothing contained in this section shall create any right 

or benefit, substantive or procedural, enforceable by any party against the United 

States, its agencies or instrumentalities, its 

officers or employees, or any other person. 

(e) WAIVER.—The President may waive the 

prohibitions described in subsection (a) of 

this section for a country for successive 180 

day periods if—

(1) the President determines that national 

security interests or humanitarian reasons 

justify a waiver; and 

(2) at least 15 days before the waiver takes 

effect, the President consults with appropriate committees of Congress regarding the 

proposed waiver and submits a report to the 

Speaker of the House of Representatives and 

the President Pro Tempore of the Senate 

containing—

(A) the name of the recipient country; 

(B) a description of the national security 

interests or humanitarian reasons which require a waiver; 

(C) the type and amount of and the justification for the assistance to be provided 

pursuant to the waiver; and 

(D) the period of time during which such 

waiver will be effective. 

The waiver authority granted in this subsection may not be used to provide any assistance which is also prohibited by section 

40 of the Arms Control Export Control Act.’’

KERREY (AND OTHERS) 

AMENDMENT NO. 1208 

(Ordered to lie on the table.) 

Mr. KERREY (for himself, Mr. 

D’AMATO and Ms. MIKULSKI) submitted 

an amendment intended to be proposed 

by them to amendment No. 1199, proposed by Mr. HATCH, to the bill, S. 735, 

supra; as follows: 

At the appropriate place in the pending 

substitute amendment No. 1199, insert the 

following: 

SEC. . AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE DEPARTMENT 

OF THE TREASURY. 

(a) IN GENERAL. There are authorized to be 

appropriated for the activities of the Bureau 

of Alcohol, Tobacco and Firearms, to augment counter-terrorism efforts—

(1) $20,000,000 for fiscal year 1996; 

(2) $20,000,000 for fiscal year 1997; 

(3) $20,000,000 for fiscal year 1998; 

(4) $20,000,000 for fiscal year 1999; and 

(5) $20,000,000 for fiscal year 2000. 

(b) IN GENERAL. There are authorized to be 

appropriated for the activities of the United 

States Secret Service, to augment White 

House security and expand Presidential protection activities—

(1) $62,000,000 for fiscal year 1996; 

(2) $25,000,000 for fiscal year 1997; 

(3) $25,000,000 for fiscal year 1998; 

(4) $25,000,000 for fiscal year 1999; and 

(5) $25,000,000 for fiscal year 2000. 

FEINSTEIN AMENDMENT NO. 1209 

Mrs. FEINSTEIN proposed an amendment to amendment No. 1199, proposed 

by Mr. HATCH, to the bill, S. 735, supra; 

as follows: 

At the appropriate place in the amendment, insert the following new section: 

SEC. . PROHIBITION ON DISTRIBUTION OF INFORMATION RELATING TO EXPLOSIVE MATERIALS FOR A CRIMINAL 

PURPOSE. 

(a) Section 842 of title 18, United States 

Code, is amended by adding at the end the 

following new section: 

‘‘(l) It shall be unlawful for any person to 

teach or demonstrate the making of explosive materials, or to distribute by any means 

information pertaining to, in whole or in 

part, the manufacture of explosive materials, if the person intends, or knows that 

such explosive materials or information will 

likely be used for, or in furtherance of, an 

activity that constitutes a Federal criminal 

offense or a criminal purpose affecting interstate commerce.’’

(b) Section 844 of title 18, United States 

Code, is amended by designating section (a) 

as subsection (a)(1) and by adding the following new subsection: 

‘‘(a)(2) Any person who violates subsection 

(l) of section 842 of this chapter shall be fined 

under this title or imprisoned not more than 

twenty years, or both.

f 

’’

NOTICE OF HEARING 

COMMITTEE ON INDIAN AFFAIRS

Mr. MCCAIN. Mr. President, I would 

like to announce that the Senate Committee on Indian Affairs will be holding 

a hearing on Thursday, June 8, 1995, beginning at 9:30 a.m., in room 485 of the 

Russell Senate Office Building on S. 

436, a bill to improve the economic conditions and supply of housing in native 

American communities by creating the 

Native American Financial Services 

Organization, and for other purposes. 

Those wishing additional information 

should contact the Committee on Indian Affairs at 224

f 

–2251. 

ADDITIONAL STATEMENTS 

TRIBUTE TO COL. RAYMOND W. 

O’KEEFE, U.S. ARMY 

∑ Ms. SNOWE. Mr. President, today I 

would like to congratulate Col. Raymond W. O’Keefe, a native son of 

Maine, who retired from the U.S. Army 

on June 1, 1995, after a distinguished 

career of faithful service to our Nation 

spanning 26 years. Throughout those 26 

years of service, Ray O’Keefe exemplified the true spirit of the United States 

cavalryman: ‘‘honor was his guide, resourcefulness his strength, and a passion for duty was his chief characteristic.’’

Colonel O’Keefe was commissioned 

through the Reserve Officers’ Training 

Corps as a second lieutenant in the 

Regular Army following his graduation 

from the University of Maine at Orono 

in June 1969. Over the course of his career, Colonel O’Keefe served in a variety of challenging troop and staff assignments in the United States, Germany, Korea, and Vietnam. Following 

completion of the Armor Officer’s 

Basic Course at Fort Knox, then-Lieutenant O’Keefe reported for duty with 

the 1st Squadron, 17th Cavalry, assigned to the elite 82nd Airborne Division, at Fort Bragg, NC. Lieutenant 

O’Keefe practiced his craft and honed 

his skills while serving in a variety of 

positions at the troop level. 

He arrived in Pleiku, in the Central 

Highlands of Vietnam, in December of 

1971, and assumed command of D 

Troop, 17th Cavalry. the Ia Drang Valley, sight of one of the first large battles of the war, was only thirty miles 

distant. One of the last major fights of 

the war, the Easter Offensive in March, 

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