[Congressional Record Volume 141, Number 90 (Monday, June 5, 1995)]
[Senate]
[Pages S7703-S7705]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

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                 COMPREHENSIVE TERRORISM PREVENTION ACT

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                      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: [[Page S7704]] 
       ``(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:

     Sec. 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;
       [[Page 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.''
     

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