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Mr. Inhofe addressed the Chair.
The Presiding Officer: The Senator from Oklahoma.
Mr. Inhofe: Mr. President, this is a very special day to Oklahoma. We have a very distinguished group of people from Oklahoma who are at this very moment visiting with various Senators who oppose the idea of habeas reform. I cannot think of any stronger message that we can take to these people than from those who are the survivors and those who have families lost in the tragic explosion in Oklahoma.
I just came back from my 76th town hall meeting out in Oklahoma. I think I probably have more of those than any other Member of this body. A question always comes up when I have these meetings. They say something to the effect, "Why is it that people in Washington are more concerned about the criminals than they are the victims?" I try to explain to them--and I know that this is rather controversial to say, but I really believe it in my own heart, Mr. President--that at least prior to this new Congress coming in, the majority of people in both of these bodies did not honestly in their own hearts believe that punishment is a deterrent to crime.
It is one that I look at, and it seems very logical that when you take a tragedy such as we experienced in Oklahoma, when the perpetrators of that crime were preparing this explosion and what they were going to do, the bombing and the attack on the Federal building in Oklahoma City, this is not something that they did just overnight. This is something they planned--not for days, not for weeks, but maybe even, we feel, for several months.
During the time that something like this is happening, those individuals who are making the plans to detonate a bomb that will murder many, many people have to be thinking what is the worst thing, what is the downside of this, what is the worst thing that can happen to me if I get caught? The worst thing that can happen, as they look at it, might be to sit around in some air-conditioned prison cell watching color TV, eating three good meals a day for 10 years, 15 years, 20 years. And I suggest to you, Mr. President, that is not much of a deterrent.
I think particularly some of the people from maybe the Middle Eastern cultures, and others, people who are trained terrorists--most of them-- do not think they are going to be around for 10 years, anyway. Here in America, it takes an average of 9\1/2\ years between conviction and execution. I suggest that takes away all of the deterrent value.
This happens because we have things built into our system. I am sure that they were put in there in the sense of trying to be fair to everyone, and to make sure no chances are taken that someone might be executed who was not actually the one who committed the crime. But they sit in there through appeal after appeal after appeal.
Roger Dale Stafford, in the spring of 1978, murdered a Sergeant Lorenz, then he murdered his wife, then he murdered Sergeant Lorenz' small son. Then he turned around and drove 60 miles to Oklahoma City, where he went into the Sirloin Stockade Restaurant. He rounded up six employees at gunpoint, bound them, took them into a refrigerator, and murdered them execution style.
That was in 1978. Roger Dale Stafford is now still in McAlester in our State prison in Oklahoma. By the way, he is now over 100 pounds more than he was when he went in, so you know they are feeding him pretty well. He has been sitting in his cell for 17 years and probably living better than he lived before anyway. And I suggest to you that is not just an inhumane thing to do to the families of those victims of his murders, but it is no deterrent for other people who may be tempted to do the same thing.
What is interesting about this is that the attorney who is so successful in getting all of these appeals and all these delays in the ultimate execution which still has not taken place of the guy who did kill those nine people back in Oklahoma in 1978, that attorney is a very competent and capable attorney named Steven Jones from Enid, OK. I happen to know him personally. I suggest to you that Steven Jones is also the attorney for Timothy McVeigh, one who is held right now as possibly one who is responsible for the tragedy in Oklahoma City.
So today we have a number of people who are here from Oklahoma. We have Diane Leonard, whose husband Don, a Secret Service agent, was killed in the bombing in Oklahoma City. We have Glenn Seidl, who lost his wife, Kathy, in the bombing. I talked to Kay Ice just a few minutes ago, who lost her brother, Paul. He was a customs agent; Mike Reyes, who lost his father and was injured himself in the explosion. I believe he is the one who actually fell four stories and was able to survive. But he lost his father; Jason Smith, who lost his mother, Linda; Dan McKinney. That is Linda's husband. He was here today; Gary Bland, who lost his wife, Sally; Suzanne Britten, who lost her fiance.
It is very significant that we understand what these people are doing today. We had a news conference at 10:30, and we stood down there in front of the Senate and they described the types of deaths that their loved ones had been subjected to, how there was no longer any facial characteristics left; they could not really identify them as they normally would; and being exposed to this, they are going through all this for one reason. That is, they know the way to deter this type of thing from happening again is to have swift justice.
We had a President who came out and said we want swift and sure justice. I call upon the President right now to stand up before these Oklahomans who are up here today and say, yes, I support Senator Hatch's habeas reform as in the bill. Frankly, as a Senator from Oklahoma, I am going to support the Kyl amendment for a stronger habeas bill. It is very moderate and very fair, but it is a habeas reform that will not allow these things to go year after year after year, 10 years, 15 years and 20 years, where all deterrent value is lost.
So, Mr. President, I hope that those Senators who are being visited right now by Diane Leonard, and by Glenn Seidl, and by Kay Ice and Mike Reyes and Jason Smith and Dan McKinney and Gary Bland and Suzanne Britten will stop and realize that they have an opportunity to preclude something like this from happening again, allow the message that will go out to all who might be considering such an act that in America we are not going to allow someone to sit around for 8 years or 10 years or 20 years before an execution takes place. We will in fact have swift justice.
Maybe, Mr. President, I am old fashioned, but I really believe in my heart that punishment is a deterrent to crime, and sitting around for 10 years is not cruel punishment.
Mr. President, I suggest the absence of a quorum.
The Presiding Officer (Mr. Frist): The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. Hatch: Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The Presiding Officer: Without objection, it is so ordered.
Amendment No. 1203 to Amendment No. 1199
(Purpose: To make technical changes in section 102 of the Dole-Hatch substitute)
Mr. Hatch: Mr. President, I send an amendment to the desk for and on behalf of Mr. Smith and ask for its immediate consideration.
The Presiding Officer: The clerk will report the amendment.
The bill clerk read as follows:
The Senator from Utah [Mr. Hatch], for Mr. Smith, proposes an amendment numbered 1203 to amendment No. 1199.
Mr. Hatch: Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.
The Presiding Officer: Without objection, it is so ordered.
The amendment is 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;"
Mr. Hatch: Mr. President, I suggest the absence of a quorum.
The Presiding Officer: The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. Hatch: Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The Presiding Officer: Without objection, it is so ordered.
Mr. Hatch: Mr. President, I have just sent up the amendment for and on behalf of Senator Smith. This is an amendment of a technical nature. This amendment simply places a dollar floor on cases that can be brought in Federal court in acts of terrorism. This amendment will prevent Federal courts from having to try minor cases in Federal court. For example, we would not want a case involving a mere broken window or a smashed door to be tried in Federal court.
So this amendment basically says, "* * * 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 reasonably be estimated to exceed, $25,000." So that is basically what this amendment does.
This amendment makes a great deal of sense in the context of this debate so I would urge my colleagues to support this Smith amendment.
Mr. President, I ask unanimous consent that the Smith amendment be set aside so that I can call up a Pressler amendment.
The Presiding Officer: Without objection, it is so ordered.
(Purpose: To designate the Federal building at 1314 LeMay Boulevard, Ellsworth Air Force Base, SD, as the "Cartney Koch McRaven Child Development Center")
Mr. Hatch: Mr. President, I send an amendment to the desk and ask for its immediate consideration.
The Presiding Officer: The clerk will report the amendment.
The bill clerk read as follows:
The Senator from Utah [Mr. Hatch], for Mr. Pressler, proposes an amendment numbered 1204 to amendment No. 1199.
Mr. Hatch: Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.
The Presiding Officer: Without objection, it is so ordered.
The amendment is as follows:
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 described 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".
Mr. Pressler: Mr. President, I am proud to offer this amendment along with my South Dakota colleague, Senator Daschle, to S. 735, the Comprehensive Terrorism Prevention Act, to designate the child development center at Ellsworth Air Force Base in South Dakota as the Cartney Koch McRaven Child Development Center.
It was just slightly more than a month ago that terrorist thugs bombed the Alfred P. Murrah Federal Building in Oklahoma City. Among the victims inside was Cartney Koch McRaven. Stationed at Tinker Air Force Base and having just been married the previous weekend, Cartney was in the Murrah Federal Building to register her new married name on Federal documents. Tragically, her life was cut short by the savagery of domestic terrorism.
It is only fitting that we honor Cartney at Ellsworth Air Force Base. Spearfish was her home. And she chose to begin her adult life by joining the Air Force and serving her country. And serve she did, with honor, with devotion, with dignity.
It is even more fitting that her name appear on the child development center at Ellsworth. A1c Cartney Koch McRaven served in Haiti, where the stark poverty had an enormous impact on her. Cartney's heart went out to the children of Haiti. She devoted her time in Haiti to an orphanage, offering a warm smile and a kind, loving word to young faces. The mission of our Armed Forces in Haiti was to ensure peace and offer hope to the people of Haiti--young and old. Cartney took her mission to heart.
Even her family honored Cartney's commitment to young people by urging that donations be made in Cartney's memory to the orphanage in Haiti.
But we do more than honor a person. We honor the values she personified and practiced in her daily life. The values of service, of duty, of compassion and caring for the underprivileged young--values that are at the core of South Dakota and of America. [[Page S7668]]
It is my hope that by passing this amendment and the underlying bill, Cartney Koch McRaven forever will be remembered as a symbol of these core values and an inspiration to the young people in South Dakota and America to honor and serve their family, community, and country.
I urge my colleagues to support the amendment.
Mr. Hatch: Mr. President, I am offering this amendment on behalf of my colleague, Senator Pressler, the distinguished Senator from South Dakota. This amendment would designate the child development center at Ellsworth Air Force Base in South Dakota as the "Cartney Koch McRaven Child Development Center."
This amendment intends to honor the dedication and service of a young Air Force airman from South Dakota who was killed in the Oklahoma City bombing. U.S. Airman First Class Cartney Koch McRaven, a South Dakota native stationed at Tinker Air Force Base outside Oklahoma City, was among those killed in the April 19, 1995 bombing.
Last year, while serving in Haiti, Cartney devoted her free time to an orphanage. Her family asked that in lieu of flowers, donations be made to the orphanage in Haiti. This amendment seeks to honor her memory by designating the child development center at Ellsworth Air Force Base the "Cartney Koch McRaven Child Development Center."
I believe we can get unanimous consent on this amendment honoring this young Air Force airman. My colleague from Delaware is not here to comment on this amendment, so I ask unanimous consent that the amendment now be set aside so that we can call up another amendment.
The Presiding Officer: Without objection, it is so ordered.
Mr. Hatch: Mr. President, I suggest the absence of a quorum.
The Presiding Officer: The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. Hatch: Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The Presiding Officer: Without objection, it is so ordered.
(Purpose: To amend title 18 of the United States Code regarding false identification documents.)
Mr. Hatch: Mr. President, I send an amendment to the desk and ask for its immediate consideration.
The Presiding Officer: The clerk will report.
The bill clerk read as follows:
The Senator from Utah [Mr. Hatch], for Mr. Pressler, proposes an amendment numbered 1205 to amendment No. 1199.
Mr. Hatch: Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.
The Presiding Officer: Without objection, it is so ordered.
The amendment is as follows:
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:
Sec. 1739. Verification of identification documents
(a) Whoever knowingly sends through the mails any unverified identification document purporting to be that of the individual named in the document, when in fact the identity 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".
Mr. Pressler: Mr. President, I rise to explain the false ID amendment I have proposed to S. 735, the Comprehensive Terrorism Prevention Act.
According to several national news sources, Timothy McVeigh, the primary suspect in the Oklahoma City bombing, allegedly used a false South Dakota driver's license to rent the Ryder truck which exploded outside the Alfred P. Murrah Federal building on April 19 of this year. Again, the driver's license used by McVeigh was a fake. Timothy McVeigh is not a resident of South Dakota, nor do I believe he ever has been a resident of my State. My understanding is the fake license contained his picture, but a different name. To add insult to injury, the birthdate listed on the license was April 19, the same date as the bombing. This example illustrates how easily a terrorist can obtain an authentic-looking driver's license, and operate in our society under an assumed name.
It is not clear at this point exactly how McVeigh obtained the false South Dakota driver's license. However, the sad fact is, false identification documents [ID's] are easy and cheap to obtain given the advanced state of computer technology today. Counterfeiting a driver's license is child's play for sophisticated computer users. Modern color printers can produce stunningly accurate reproductions of driver's licenses, Social Security cards, and other ID's. Even anticounterfeiting measures, such as holographic images and magnetic strips, are being duplicated with relative ease.
A vast underground industry has emerged to meet the growing demand for false ID's from underage drinkers. Just last week, two young men who were students at George Washington University here in Washington, DC, plead guilty to operating a sophisticated fake driver's license operation. They sold the fake licenses to college students for $65 each. They even gave a discount for ordering 10 or more fake ID's. I ask that a news article describing that operation be printed in the Record at the conclusion of my remarks.
The Presiding Officer: Without objection, it is so ordered.
(See exhibit 1.)
Mr. Pressler: Most States have laws against the use of false ID's to purchase alcohol, but those laws only target the underage drinker. Nothing prohibits anyone from mailing false ID's from another State. Tough Federal action is needed to really make a difference. Congress needs to crack down on the suppliers--those in the industry of producing and distributing false ID's.
Last year, and again this year, I introduced legislation designed to deal with this situation. The amendment I have offered today is similar to this legislation. It seeks to target and punish those in the business of producing and distributing false identification documents nationally.
Anyone convicted of distributing false ID's under this provision would face a prison sentence of up to 1 year, a fine, or both. The amendment also would reduce from five to three the number of false ID's that must be in a person's possession to trigger penalties under Federal law.
These two changes are needed if we are to make a dent in the volume of false ID's being offered and sold throughout our country. I urge my colleagues to support the amendment.
A student and a former student at George Washington University pleaded guilty in U.S. District Court yesterday to running a sophisticated fake driver's license operation, using computers to make nearly perfect copies to sell to underage students in several states so they could buy liquor.
Prosecutor Joseph B. Valder described Ronald Stewart Johnson, 20, as the mastermind of the scheme and Said C. Kiwan, 19, as the legman who drummed up business and made deliveries for the illegal enterprise. They sold the licenses for $65 each or at a discount of $55 each for 10, making about $8,000 in less than six months.
Valder said Johnson, as a high school student in Durham, N.C., discovered the wonders of computers and learned how to alter valid driver's licenses. He said Johnson used scanning equipment to enter a driver's license into a computer and shading and texture devices to make changes.
In 1994, Kiwan and Johnson, who were friends when their families lived in Rio de Janeiro when they were both 10, became reacquainted and began selling the licenses to make money, Valder said.
Though the prosecutor and defense attorneys lauded their cooperation with authorities after they were caught, U.S. District Judge Ricardo Urbina rejected a request by Kiwan's attorney to forgo the normal procedures and sentence him immediately.
Attorney Thomas Abbenante said GWU officials will decide next week whether to expel Kiwan, as they have done with Johnson. If Kiwan's case is resolved, Abbenante said, he has a chance to remain in school.
But Urbina refused to give Kiwan such a consideration. "This is an episode in his life that carries the potential of two years of incarceration. I would not want to send you the wrong message by having you walk in here, plead guilty . . . and walk out with probation that you may not deserve," the judge told Kiwan, who is a citizen of England and Lebanon.
"You are a privileged young man with lots of education, lots of advantages in life, with no need for money, and yet you engaged in this enterprise, which probably resulted in a lot of young people getting booze and possibly driving under the influence," Urbina said. "If ill consequences develop because of it, then that is your problem. You are here because you committed a crime, and you have to deal with the consequences, whatever they are."
Kiwan pleaded guilty to two misdemeanor counts for sending fake driver's licenses to a student at Vanderbilt University, in Nashville, and to a high school student in Durham. Johnson, who was born in Brazil but is a U.S. citizen, pleaded guilty to a felony charge of unlawful production of false identification. He faces up to five years in prison.
Mr. Hatch: Mr. President, I also believe this is another technical amendment that probably will be accepted by unanimous consent. I think many of the Republican amendments are of this nature. I do not believe this amendment needs to delay the debate on this matter.
What this amendment does is that it is similar to S. 507, the False Identification Act of 1995, which has the support of Senators Grassley and Daschle. It would make the following two changes in our current law:
First, it would reduce from five to three the number of false identification documents--that is, ID's--that must be in a person's possession to trigger penalties under Federal law.
Second, it would require a prison sentence of up to 1 year, a fine, or both, for anybody convicted of distributing false ID's through the mail.
The amendment seeks to target and punish those producing and distributing false identification documents nationally. According to new sources, Timothy McVeigh used a false identification to rent the Ryder truck used in the Oklahoma City bombing. This illustrates how a terrorist can obtain an authentic-looking driver's license and operate in our society under an assumed name.
False ID's are obtained far too easily and cheaply today. Counterfeiting a driver's license is child's play for sophisticated computer users. Modern color printers can produce stunningly accurate reproductions of driver's licenses, Social Security cards, and other identification documents.
Even anticounterfeit measures such as holographic images and magnetic strips are being duplicated with relative ease. A vast underground industry has emerged to meet the growing demand for false ID's for underaged drinkers. Most States have laws against the use of false ID's to purchase alcohol, but they only target the underaged drinker. Nothing prohibits mailing false ID's from another State.
Tougher Federal action is needed to really make a difference. Congress needs to crack down on the suppliers, those in the industry producing and distributing false ID's.
I ask unanimous consent that the Pressler amendment be set aside so that another amendment can be offered.
The Presiding Officer: Without objection, it is so ordered.
Mr. Hatch: Mr. President, I suggest the absence of a quorum.
The Presiding Officer: The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. Hatch: Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The Presiding Officer: Without objection, it is so ordered.
(Purpose: To authorize assistance to foreign nations to procure explosives detection equipment)
Mr. Hatch: Mr. President, I send an amendment to the desk and ask for its immediate consideration.
The Presiding Officer: The clerk will report.
The bill clerk read as follows:
The Senator from Utah [Mr. Hatch], for Mr. Specter, proposes an amendment numbered 1206 to amendment No. 1199.
Mr. Hatch: Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.
The Presiding Officer: Without objection, it is so ordered.
The amendment is 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)".
Mr. Hatch: Mr. President, this amendment I have sent to the desk on behalf of Senator Specter simply authorizes assistance to foreign countries to procure explosives detection devices and other sophisticated counterterrorism technology.
I believe that, in time, we can unanimously accept this amendment. That is why I have sent it to the desk. I compliment Senator Specter for his work on this amendment. I also compliment Senator Pressler for the work on his two amendments and Senator Smith for the work on his amendment, all of which are before the Senate.
I ask unanimous consent that this Specter amendment be set aside so we can call up another amendment.
The Presiding Officer: Without objection, it is so ordered.
Mr. Hatch: Mr. President, I suggest the absence of a quorum.
The Presiding Officer: The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. Hatch: Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The Presiding Officer: Without objection, it is so ordered.
Mr. Hatch: Mr. President, referring to the current debate on the taggants amendment of Senator Feinstein, Senator Simpson has asked me to get a letter into the Record from ARCO Coal Co. This is a letter to the Honorable Alan K. Simpson dated June 5, 1995.
I ask unanimous consent that this letter be printed in the Record.
There being no objection, the letter was ordered to be printed in the Record, as follows:
Dear Senator Simpson: I understand that the Senate will be discussing S. 735 as early as June 6. As noted in earlier correspondence we support the concept of the bill. However, we have learned that Senator Feinstein will probably be introducing an amendment that broadens the scope of the bill to include such explosive agents as ammonium nitrate with fuel oil (ANFO). I am writing to urge you to resist this amendment as unnecessary and very costly. Following is most of the letter that was previously sent to your attention, and believe that it explains the problems with the Feinstein amendment.
In the wake of the tragedy in Oklahoma City, I have learned of Senate legislation that has been introduced to address the issue of domestic terrorism (S.735). ARCO Coal Company supports legislation that reduces or eliminates these horrific acts, but urges against any over reaction that would adversely impact the legal and responsible use of explosive materials, including ANFO.
Before discussing the proposed legislation in more detail, let me first explain the importance of this issue to the coal industry in Wyoming. Thunder Basin Coal Company (TBCC) is our subsidiary in Wyoming, operating the Black Thunder (BTM) and Coal Creek Mines. In order to mine efficiently, safely and cost effectively, the overburden and coal is "shot" with an ANFO/emulsion blend. Blasting operations at BTM safely and legally consume about 75 to 85 million pounds of ANFO on an annual basis (with plans to increase the usage to nearly 100 million pounds annually). The ammonium nitrate prill is manufactured at the fertilizer plant near Cheyenne, Wyoming and is transported to the mine by Wyoming trucking companies.
In reading about the proposed legislation we concur with the requirement for a "detection agent" (or taggant) in "plastic explosives". However, we oppose any broader requirements that explosive material, which would include ANFO, to contain "taggants" or "tracer elements" (to be defined by regulation). We have several key concerns with requiring taggants in ANFO, including:
1. Safety--manufacturers of the explosives used by the mining industry have raised the concern that the introduction of taggants will raise safety concerns. For example, the manufacturers are concerned that the introduction of the taggant into an explosives mixture can have an adverse effect on the friction and impact sensitivity and/or the stability properties of the explosives. The Wyoming coal mining industry is among the safest, if not the safest, in the entire world. This admirable safety record has not come about by accident, but rather through careful implementation of safety awareness and programs. We cannot compromise the safety of our employees.
2. Cost--a 1993 study by the Institute of Makers of Explosives (IME) conservatively estimated that taggants in ANFO would cost an additional 47 cents per pound. As previously noted, BTM anticipates using 75 to 85 million pounds of ANFO annually. Using the IME study, TBCC's costs would conservatively rise by $35 to $40 million annually on a product that is currently being used in a safe, legal and regulated manner. In a market that is highly competitive, costs have to be controlled.
We hope that you will support Title VIII provisions in S. 735 and will resist any efforts to expand the scope of the bill to include ANFO. This will help ensure that any new legislative and/or regulatory program meets its specified purpose without compromising safety or punishing industries using the product in a safe and legal fashion. We would also be glad to help you in any manner you desire with regard to this issue.
Mr. Hatch: Gregg Schaefer is director of Government issues and analysis for the ARCO Coal Co.
Mr. President, as I said before, there are presently 100 amendments under the unanimous consent. We have five up. Sixty-eight of those are Democrat amendments; we have one of those up. Thirty-two amendments are Republican; four of those are up. Most of those 32 amendments, I believe, will not be offered.
I am hoping that Senators will get to the floor and offer their amendments so that we can stack these votes after 6 o'clock p.m. and move ahead with this very important bill.
I am wearing this ribbon in honor of the people who died, and their families who have survived, the Oklahoma City bombing. It has great significance to me because one of the survivor's daughters pinned it on me earlier this morning. I wear it with honor and with consideration for what these good people suffered and what they are going through currently.
We know that this bill is critical. The President has expressed dissatisfaction with the Congress because we did not pass an antiterrorist bill by Memorial Day. We are only a little time later than Memorial Day--one week. I believe we can, if we can get the cooperation of our friends on both sides of the aisle, I believe we can pass this bill by tomorrow evening or at some reasonable time this week.
I hope that Senators who have amendments will get over here to the floor and offer them. We will stack those amendments until after 6 o'clock tonight, and if necessary, tomorrow. I would like to debate them now and utilize this time so that we can move ahead on this very important bill.
Regarding a vast majority of this bill, I think a vast majority of Senators will agree with. I believe a vast majority of this bill, if not most all of it, the President agrees with.
It is a bill that should not have any real controversy except in some isolated areas, and of course on the habeas corpus reform provisions.
There are people who sincerely believe that we should have no habeas corpus rights in this society. There will be an amendment offered, perhaps later today or tomorrow, that will severely curtail habeas corpus appeals, if it is passed.
Then there are others who believe we ought to continue the same system we have now which allows for multiple frivolous appeals, one appeal after another, all the way up to the State courts, and then all the way up to the Federal courts, or vice versa. I do not think very many people in this country would agree with either of those extreme points of view.
Habeas corpus is a statutory right that was established for the purpose of protecting the rights of the accused. Our habeas corpus provision, the Specter-Hatch bill, will protect those rights, but it will put an end to the frivolous appeals that make a mockery out of our system of justice.
I hope that our fellow Senators will get over here and bring their amendments to the floor so that we can move ahead and get this bill done within a reasonable time, please our President, and certainly do so in memorialization of the suffering that these folks from Oklahoma City are undergoing and in memorialization of those who have died, because we have not done enough to resolve terrorist problems in our society.
I am not sure that any piece of legislation is going to absolutely protect people from terrorist activities. Of course, no legislation can be crafted to do that. But this legislation will put teeth in our criminal laws, our Federal criminal laws, to bring people to justice who might commit terrorist activities and might deter those who are considering participating in terrorist activities in our society.
I am hopeful we can move ahead here today. I am prepared to stay as long as we have to and to debate any issue that any Member cares to bring to the floor. I hope those who have the remaining 67 amendments on the Democrat side and the remaining 28 amendments on the Republican side will get to the floor and move ahead on this matter.
I suggest the absence of a quorum.
The Presiding Officer: The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. Hatch: Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The Presiding Officer: Without objection, it is so ordered.
Mr. Hatch: Mr. President, I am very concerned that we are sitting here just wasting time while there have been complaints about not moving ahead on the terrorism bill. So we are moving ahead. We are here to go. Frankly, the only real controversial issue that I can see of any real consequence on this bill happens to be the habeas corpus, Specter- Hatch bill. I am hoping that those who have amendments on that habeas corpus reform bill will bring them to the floor and debate them and let us get them out of the way. If they win, they win. If they lose, they lose. The fact is let us get out here and use this time and not waste it. Thus far, we have had four Republican amendments, one Democrat amendment. The Democrat amendment is scheduled for a vote at 6 o'clock.
Purpose: To extend U.S. sanctions against Iran to all countries designated as "terrorist countries" by the Secretary of State)
Mr. Hatch: Mr. President, I send another Republican amendment to the desk and ask for its immediate consideration. I send this up for and on behalf of Senator Brown from Colorado.
The Presiding Officer: The clerk will report. The legislative clerk read as follows:
The Senator from Utah [Mr. Hatch], for Mr. Brown, proposes an amendment numbered 1207 to amendment No. 1199.
Mr. Hatch: Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.
The Presiding Officer: Without objection, it is so ordered.
The amendment is as follows:
At the appropriate place in the Dole-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 constitute 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;
(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 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) 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 of 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."
Mr. Hatch: Mr. President, I rise to offer this amendment for and on behalf of the distinguished Senator from Colorado, [Mr. Brown].
This amendment will extend the sanctions currently imposed against Iran to all countries designated as terrorist countries by the Secretary of State. Thus, under Senator Brown's proposed amendment, all countries deemed to engage in terrorist activities and designated as supporting international terrorism will be punished to the same degree that Iran is.
Now, this is a controversial amendment. I hope that those who are opposed to it will come to the floor and be prepared to debate it if they so desire. If not, we will put it in line following the stacked amendments where either it will be accepted by unanimous consent or voted upon one way or the other. Senator Brown has permitted me to put that amendment into the Record at this point.
Now, that makes five Republican amendments. I think it is safe to assume that Senator Dole probably is not going to call up his two. I am not going to call up my two. And so that is at least 9 or 10 Republican amendments disposed of, and I do not believe most of the others will be brought forward either.
Major difficulties are going to be over the question of habeas corpus reform. And I hope that those who have amendments to that will bring them up here today and let us debate them and go ahead. If there are any other amendments that can be brought to the floor at this time, we sure would like to encourage our colleagues to do so so we can dispose of as many of them today as we possibly can.
I ask unanimous consent that the Brown amendment be set aside so that another amendment can be called up by any Senator who desires to do so.
The Presiding Officer: Without objection, it is so ordered.
Mr. Hatch: I suggest the absence of a quorum.
The Presiding Officer: The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. Hatch: Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The Presiding Officer: Without objection, it is so ordered.
Mr. Hatch: Mr. President, again I encourage my colleagues to get here and bring up their amendments. So far, we have five Republican amendments up, and two Democrat amendments. I believe that Senator Dole will forgo his two. I intend to forgo my two, unless we have to use those. I have been informed by Senator Gramm's staffer that he will forgo his two. That is six more.
We are moving through this pretty well today. But I would like to get as many amendments as can be agreed to or debated over a short term today as quickly as possible. Of course, we would be happy to take any habeas corpus amendments that there are.
As I have been standing here, some people have called in and wondered about the ribbons I am wearing on my lapel that were kindly placed there by one of the family members who lost a member of their family.
I think it is important, as we discuss this matter, that we recall why in the world we are here. There are 167 victims of the Oklahoma City bombing. This morning, along with Senator Inhofe and Senator Nickles, I met with the families of some of the victims of that tragedy. So they presented me with this ribbon I am wearing. Let me just explain its significance. It has four ribbons, or four strands. The blue strand right here represents the State of Oklahoma. The white strand represents hope. The yellow strand represents those who were missing in the wake of the bombing. The purple strand represents those killed. Just to make that point a little more dramatically, this chart represents the victims of the Oklahoma City bombing.
I ask unanimous consent that all of those names be printed in the Record at this point.
There being no objection, the list was ordered to be printed in the Record, as follows:
Mr. Hatch: These were folks who were working for our country or standing in the street at the time. Many of them have been heroes for years, and they are all heroes today. These ribbons I am wearing represent these people of the State of Oklahoma--those missing and those killed.
These people are crying out for us to get this bill passed and to do what should be done. There were a number of children who were killed. I would just like to read their names into the Record:
Almon, Baylee, 1; Bell, Danielle, 1\1/2\; Bradley, Peachlyn, 3; Bruce, Gabreon, 4 months; Chavez, Zackary, 3; Cooper, Anthony C., II, 2; Cooper, Antonio A., Jr., 6 months; Coverdale, Elijan, 2; Coverdale, Aaron, 5; Coyne, Jaci, 14 months; Eaves, Tylor, 8 months; Eckles, Ashley, 4; Garrett, Tevin, 1; Gottshall, Kevin Lee, 6 months; Johnson, Domonique London, 2; Kennedy, Blake R., 1\1/2\; Smith, Chase, 3; Smith, Colton, 2; and Titsworth, Kayla M., 3.
These people are crying out in having been killed. These children and their families are crying out for us to do what should be done here. I intend to see that it is done.
Let us get our amendments here and get this bill done. If it can be improved, fine. The people who have amendments, we would like to get them here.
Baylee Almon turned 1 year old on Tuesday, April 18, 1995. That day her family threw her a birthday party. Her aunts, uncles, and cousins-- along with her 22-year-old, single mother Aren--celebrated what was to be her first of many birthdays. Horribly, however, her lifeless body was pulled from the rubble of the Alfred Murrah building in Oklahoma City less than 24 hours later.
By now, we are too familiar with the unforgettable image of Baylee being carried away from the wreckage by firefighter Capt. Chris Fields. This image of Baylee's lifeless body being tenderly cradled by a firefighter was called by Governor Frank Keating "a metaphor for what's happened here." Baylee was 1 of 19 children murdered by the terrorist bomb blast on April 19, 1995.
When some suggest that our decision to include habeas corpus reform in this bill is unrelated to the murder of children like Baylee or that our efforts are politically motivated, we mock the memory of Baylee Almon. Habeas corpus policies and procedures directly and forcefully impact victims. Our debate about habeas reform has traditionally focused on such issues as the rights of petitioning prisoners, federalism, and competency of counsel. But, for those who have buried murder victims, the continued, protracted appeals mean something else. John Collins, the father of a 19-year-old young woman who was brutally murdered in 1985, may have put it best when he testified before the Judiciary Committee in 1991:
Extended habeas corpus proceedings mean no closure to our grief, no end to our mental and emotional suffering, no end to nightmares, and no relief from the leaden weights that remain lodged in our hearts. It means we continue to bleed.
Due to our current system of habeas corpus litigation, April 19, will not be the end of the victimization of those who died in Oklahoma City. Long after the media stops covering the tragedy and elected officials stop meeting with the victims, those responsible for this cowardly act will probably be flaunting justice unless we act to pass habeas reform. The families of those who died will agonize for many, many years to come unless we act to pass true, meaningful habeas corpus reform.
For too long, the interests of the convicted murdered have outweighted the interests of the families of murder victims. For too long, habeas corpus has been viewed as a tangential issue to the more alluring issues of gun control and enhanced mandatory penalties. What is ironic is that for many of my colleagues on the other side of the aisle, it never seems to be the right time to pass habeas corpus reform.
The time has come to return some balance in the criminal justice system and nowhere is this more urgently needed than in the capital litigation area. We must recognize that the true concerns of justice, in the final analysis, must lie with those who support society and genuinely strive to uphold its law and not those who tear away at society, mock its laws, and murder innocent children like Baylee.
I am concerned about it, and I just think it is time to act. We should quit playing around with these problems. We have a chance of making a difference right now.
Let me just take a second here and read a letter from a woman who was at the press conference this morning. This is dated June 4, 1995.
Re: Dole-Specter-Hatch bill S. 735.
My husband of 34 years and the father of our three children, Tim, 24, Todd 22, and Kristi, 19, was a Director of Housing and Urban Development in Oklahoma City. We had only been in Oklahoma for 4 months, had purchased our home only 3 weeks before he was killed on April 19. Our lives were literally "blown" apart. He was a wonderful husband, father, son, brother, and human being, kind and caring to everyone and truly a person who believed in observing the laws of our land and also never forgetting how blessed we as Americans are to be Americans and to enjoy the many wonderful freedoms and opportunities available to us when we abide by our laws.
That is what I am asking for now: Swift and severe punishment of those responsible for this horrible act. Our President assured the people of Oklahoma and America this would be done. There should not be more consideration for the criminals than the victims. Under our Constitution, the rights of criminals have to be protected in deciding if they are guilty or innocent, but so do the rights of the victims need to be protected. Protecting criminals' rights does not give them the right of 20 years of appeals.
I am certain that if any one of you were in my shoes, (and I sincerely hope you never are) you would want nothing less than the death penalty--now--not years from now.
I pray with all my heart you will do whatever is necessary to enact legislation that will not allow continuous appeals.
Joyce McCarthy, widow of James A. McCarthy, Edmond, OK.
That letter says it more poignantly than anything I could say. It is time to do habeas corpus reform. We tried for years. We did pass this bill through the Senate on the Hatch amendment a number of years ago. It passed overwhelmingly. There is no reason not to face this issue today.
Now, I have to say that I do believe that there are those who very sincerely oppose habeas corpus reform in this body. I think they are a distinct minority, and I think they oppose it mainly because they oppose the death penalty. They are deathly afraid that maybe somebody will be executed who was innocent.
They have no information to back them up on that. These cases are very carefully tried. Any person accused of murder and sentenced to death after this bill is enacted will have every one of that person's constitutional rights and privileges and liberties protected. We will still protect the civil liberties of the people. But the game is over on multiple frivolous vehicles. They have one trip up and it is extensive through the State court, and one through the Federal courts. Unless they can show new evidence, or the Supreme Court has made a case retroactive in nature, then that is the end of the appeals.
That is as it should be. It is time to face this problem. Is time to stand up and do what has to be done. There is a lot more to be said about it.
I was moved this morning in meeting these families and these people who lost their loved ones in Oklahoma City. I am proud to wear a set of ribbons which represents the State of Oklahoma, those who are missing and those who are dead, as a result of this terrible, horrific bomb.
I hope we can move ahead on this bill. We made some headway here today, but I would like to make a lot more before the day is over.
I yield the floor.
Continue to DOC Id: cr05jn95-22 Part 3
