E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, SECOND SESSION

Vol. 146 WASHINGTON, THURSDAY, APRIL 27, 2000 No. 50 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, May 2, 2000, at 12:30 p.m. Senate THURSDAY, APRIL 27, 2000

The Senate met at 9:32 a.m. and was RESERVATION OF LEADER TIME little bit about the education bill we called to order by the President pro The PRESIDING OFFICER (Mr. will be taking up tomorrow. tempore [Mr. THURMOND]. BROWNBACK). Under the previous order, That was our intention. leadership time is reserved. Mr. REID. Mr. President, the leader PRAYER not being here, I certainly agree to ex- f The Chaplain, Dr. Lloyd John tend whatever time Senator GORTON Ogilvie, offered the following prayer: MORNING BUSINESS and Senator DEWINE desire. I want to Lord God of hope, help us to make The PRESIDING OFFICER. Under claim a few minutes of leader time. this a day for optimism and courage. the previous order, there will now be a Mr. DEWINE. I have no objection if Set us free from any negative thinking period for the transaction of morning my colleague wants to speak. or attitudes. There is enough time business not to extend beyond the hour The PRESIDING OFFICER. If there today to accomplish what You have of 12 noon with Senators permitted to is no objection, if the Senator from Ne- planned. We affirm that we are here by speak therein for up to 5 minutes each. vada wishes to speak, the Senator from Your divine appointment. We also Under the previous order, the time Nevada is recognized. know from experience that it’s possible until 10 a.m. is under the control of the Mr. REID. I thank the Chair. to limit Your best for our Nation. majority leader or his designee. f Without Your help, we can hit wide of Mr. REID. Mr. President, I claim the mark, but with Your guidance and some leader time at this time. MARRIAGE PENALTY power, we cannot fail. You have The PRESIDING OFFICER. Is there Mr. REID. Mr. President, the reason I brought our Nation to this place of objection? want to talk today is I think it is im- prosperity and blessing. You are able Under the previous order, the time portant for the minority to have its to bless us now in this pressured day of until 10 a.m. is under the control of the voice heard around here. The first of business if we trust You and work to- leader or his designee. May is approaching, and we are again gether as fellow patriots. Fill this Is there objection? If not, the Sen- being called on to vote on the so-called Chamber with Your presence, invade ator from Nevada is recognized. marriage penalty bill. The majority the mind and heart of each Senator, Mr. REID. Mr. President, I under- will argue that if you support the mar- and give this Senate a day of efficiency stand my friend from Ohio wants to riage penalty, you must vote for clo- and excellence for Your glory. We read the morning script. I was told ture. That certainly is transparently thank You in advance for a truly great that. I have something I wish to say. I false. Here is why. day, for You are our Lord and will show want to use leader time. But I was told This procedural vote has nothing to the way! Amen. by the staff that there was something do with limiting the marriage penalty, f he wants to outline for today’s activity which the Democrats support certainly of the Senate. just as strongly as the Republicans. In PLEDGE OF ALLEGIANCE The PRESIDING OFFICER. The Sen- fact, the vote is another attempt by The Honorable SAM BROWNBACK, a ator from Ohio. Republicans to shield their deeply Senator from the State of Kansas, led Mr. DEWINE. Mr. President, before flawed tax bill from scrutiny by the the Senate in the Pledge of Allegiance, my colleague speaks, it is our inten- Senate and by the public. In effect, we as follows: tion at this point to not only read are being gagged. I pledge allegiance to the Flag of the some comments of the majority leader Republicans don’t want to debate United States of America, and to the Repub- but also to begin some discussion today this bill because they don’t want any- lic for which it stands, one nation under God, under the leader’s half hour of time. one to know what is really in it. In indivisible, with liberty and justice for all. Senator GORTON and I want to talk a truth, it is marriage penalty relief in

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

S2949

. S2950 CONGRESSIONAL RECORD — SENATE April 27, 2000 name only. Sixty percent of the meas- drug benefits for senior citizens, who ing business until 12 noon. At noon, the ure on which we are going to vote simply are desperate for some relief. Senate will proceed with a cloture vote today is for matters that have nothing The average senior citizen gets 18 drug on the pending amendment to the mar- to do with the marriage penalty. Sixty prescriptions filled a year with no ben- riage tax penalty bill. As a reminder, percent of the $248 billion proposal goes efit at all from Medicare, and we need second-degree amendments to the sub- to people who do not face a marriage to get that benefit to them. That is stitute amendment must be filed at the penalty. what we are trying to do. desk by 11 a.m. today. If cloture is in- The majority likes to talk about rel- The majority, once again, is afraid, voked, the Senate will begin debate on evance. I know a little bit about rel- despite having the majority. They have the bill. If cloture is not invoked, the evance, as I think most people do. a 10-Member majority in the Senate Senate will resume debate on the mo- Sixty percent of this bill is irrelevant and they are afraid to cast votes on our tion to proceed to the victims’ rights to the marriage penalty. amendments. That goes to other issues, constitutional amendment in anticipa- The majority is seeking to cut off de- too, not only marriage tax penalty. tion of proceeding to that resolution bate on this bill before it is even begun. The majority never tire of using proce- today. Invoking cloture would also block dural maneuvers to block or delay on Mr. President, I ask unanimous con- Democratic amendments that propose the issues the American people care sent the time that had been allotted to better ways to eliminate the marriage about most. the leader, or his designee, be extended penalty and to address other urgent The majority today is out of step to 10:15 today. priorities such as prescription drug with the American people on issue The PRESIDING OFFICER. Without benefits for seniors. after issue, so this majority spends objection, it is so ordered. Democratic amendments say, yes, most of its energy plotting ways to dis- The PRESIDING OFFICER. The Sen- let’s fix the marriage penalty for peo- guise its own extreme agenda, scur- ator from Ohio. ple who actually pay it. In fact, one of rying to avoid responsibility for its Mr. DEWINE. Mr. President, I yield the amendments proposed by Senators continuing failure to take up the prob- myself 15 minutes. MOYNIHAN and BAUCUS, the lead Demo- lems the voters sent us to address. The PRESIDING OFFICER. The Sen- crats in the Finance Committee, says: That is why the majority constantly ator from Ohio is recognized. There are 65 marriage penalty provi- resorts to procedural devices such as f sions in the Tax Code with one sen- cloture, or another favorite, the con- EDUCATION OPPORTUNITIES ACT tence; let’s eliminate all of them. That ference committee ‘‘deep freeze,’’ like is one of the things we are being pre- they have done on the conference re- Mr. DEWINE. Mr. President, next vented from bringing forward. port on bankruptcy. We have been pre- week we begin the debate on the Edu- We want to move forward and start vented from going forward with the Ex- cation Opportunities Act. I had the op- legislating the way this Senate has de- port Administration Act, which the portunity yesterday to come to the bated for over 200 years. We have high-tech community is very desirous Senate floor and talk about one aspect agreed to say, OK, we are not going to of moving forward. Why? Because cer- of that bill. That had to do with the go along with what the Senate has tain members of the majority think we whole issue of supporting our teachers, done for 200 years. We will play the are still in the cold war and we cannot attracting the best teachers to edu- game of the majority in an effort to go forward with bringing high-tech in- cation. Today I would like to talk allow our voices to be heard just a lit- dustry into the modern world. That about a second component of that bill tle bit. also takes into consideration our in- having to do with safer schools. Good Even though the Standing Rules of ability to go forward on the Juvenile teachers, safe schools: It is really get- the Senate don’t require it, we have Justice Act, which deals with gun safe- ting back to basics. bent over backwards to keep our list of ty for children, Patients’ Bill of We have a drug crisis in this country. amendments short. We have 10 amend- Rights, and a number of other things. Drugs are readily available and, trag- ments, and we have agreed to limit de- The majority leader said on February ically, children are using them. In fact, bate on those amendments to 1 hour 3: more children today are using and ex- each. We’re out of town 2 months and our ap- perimenting with drugs than 10 years These are amendments by Senators proval rating went up 11 points. I think I’ve ago—many, many more. Let’s look at MOYNIHAN and BAUCUS on the tax pro- got this thing figured out. the facts. posal. Senator BAYH, one of the most He is right. Whenever the majority, According to the 1999 Monitoring the thoughtful Senators we have ever had the Republicans who control Congress, Future study, since 1992, overall drug in the Senate, has talked about an- are out of the public eye they seem to use among 10th graders has increased other alternative. be better off. It is when the public sees 55 percent. Marijuana and hashish use We have amendments offered by Sen- how out of step they are that they get among 10th graders has increased 91 ator SCHUMER from New York dealing into trouble. That is what is going on. percent. Heroin use among 10th graders with the college tuition tax credit. We No one should be deceived. We are has increased 92 percent. That is just have one amendment by Senator DOR- ready to go to work right now. We are since 1992. And cocaine use among 10th GAN who represents the farm commu- simply waiting for the majority to stop graders has increased 133 percent. nity. He wants to do something about their foot-dragging and blame games, With an abundant supply, drug traf- CRP in the tax bill. These are amend- stop hiding their faulty legislation be- fickers are looking to increase their ments that should take several hours if hind procedural votes and get serious. sales by targeting younger and younger they were debated properly. We are When the majority works up the children, creating a whole new genera- willing to take a half an hour and have courage to have a real debate on these tion of addicts. Drug dealers are now the majority have a half an hour. That issues, to stand up and be counted on targeting children not only in our seems fair, but we have been prevented their ideas versus our ideas, we hope urban areas but in every community in from doing that. they will let us know. Until then, Re- our land. We could finish this bill in 1 day. The publicans can file cloture as often as The National Center on Addiction question is, Why will Republicans not they like. It is a cynical and not very and Substance Abuse at Columbia Uni- stop casting blame and get on with the clever blame game. The Democrats are versity issued a disturbing report ear- marriage tax penalty vote? Sadly, the sick and tired of playing it, but we will lier this year. It had to do with the answer is somewhere blowing in the continue to fight. rapidly rising rate of drug use among wind. Republicans know Democrats f youth in the rural areas of our country. have better proposals. Republicans also The figures are astounding. If anyone know that given a choice, the Amer- SCHEDULE thinks it cannot happen in your com- ican people prefer the minority’s ap- Mr. DEWINE. Mr. President, on be- munity—‘‘it can’t happen in my com- proach. The American people say give half of the leader, I would like to make munity’’—take a look at these figures. us marriage tax penalty relief and a the following announcement. Today, Their study found that eighth grad- few other things such as prescription the Senate will be in a period of morn- ers in rural America are 34 percent April 27, 2000 CONGRESSIONAL RECORD — SENATE S2951 more likely to smoke marijuana than This program, which was originally it requires a local community-based so- those in urban areas; 50 percent more part of Ronald Reagan’s 1986 Drug-Free lution. That is why the entire commu- likely to use powder cocaine; and 83 Schools and Communities Act, is in- nity needs to be involved in the cre- percent more likely to use crack co- tended to assist every single school dis- ation and execution of programs to caine. trict in the country to develop an anti- fight youth drug abuse and violence. These statistics represent an assault drug program in their respective Our bill requires the schools to reach on our children, on our families, and on schools. While well intentioned, this out to the local community, to work the future of our country. Let me point program has been far from perfect. with other people who are fighting out what is happening on the streets of I had the opportunity a few years ago drugs, to have a true community-based Cincinnati in my home State. In 1990, when I served in the House of Rep- approach. there were 19 heroin-related arrests in resentatives to be on the National Speaking of fighting youth drug Cincinnati, OH. Last year there were Commission for Safe and Drug-Free abuse and violence, no one is fighting 464 arrests. Law enforcement officers in Schools. We looked at how this pro- harder than the first lady of the State Cincinnati understand the reason for gram had worked. We found many of Ohio, Hope Taft. Hope has been very this surge. Colombia produces low-cost, problems connected with it. The bill we instrumental in the creation of this high-purity heroin, making it more and have written and will be on the floor section of our bill. I publicly thank her more the drug of choice. And because next week I believe will go a long way for her great work. She was really in- of our Government’s inadequate em- to solving the problems that the na- strumental in creating a voice for com- phasis on drug interdiction and eradi- tional commission pointed out in 1990 munity-based antidrug organizations. cation efforts, that Colombian heroin and that we have seen since then. Hope Taft’s efforts have raised aware- is making its way across our borders, These problems need to be corrected, ness of the dangers of youth drug abuse into our country, and into Cincinnati, and I believe this bill will go a long and violence in our schools. OH, and Cleveland, OH, and Detroit and way to do that. Also, I am pleased several commu- Los Angeles. Since the inception of the Safe and nity groups have indicated their sup- Sure, this is just one urban area we Drug-Free Schools and Communities port for our provision in title IV of the are talking about, Cincinnati, but if Program in 1986, we have pumped $6 bill we will be debating next week. I there is a heroin problem in Cincinnati, billion into this program, despite the will name a few: The American Coun- there is a heroin problem in New York fact the program has lacked account- seling Association, the American and LA and every metropolitan area ability, giving us no real mechanism to School Health Association, the Com- across our great country. determine its effectiveness. Instead, we munity Antidrug Coalition of America, I believe what is happening in Cin- have seen some of our tax dollars pay the National Network for Safe and cinnati and across all parts of America for questionable drug use ‘‘prevention’’ Drug Free Schools and Communities, is a result of a national drug control and ‘‘education’’ activities, such as and Ohio Parents for Drug Free Youth. approach that has not emphasized the puppet shows, tickets to Disneyland, These are just a few of the organiza- importance of a balanced attack dunking booths, and magic shows. No tions that have helped us craft this against drug use. To be effective, our matter how well intentioned, these are bill. Third and finally, our language in drug control strategy needs to be a co- not effective antidrug education tools. title IV would give States greater flexi- ordinated effort that directs and bal- Because there has been little effort to bility on targeting assistance to the ances resources and support among ensure program accountability through schools particularly in need. Each three areas of attack: domestic law en- research-based measures, the Safe and State has unique drug prevention chal- forcement, international drug interdic- Drug-Free Schools Program has not lenges, and this bill provides the States tion, and demand reduction. been as effective as it could have been, with flexibility to target funds to all of When we talk about demand reduc- or as it should be. their schools but focus on those schools tion, we are talking about several It is critical the Senate pass edu- with the greatest drug violence prob- things. Demand reduction needs to con- cation reform legislation that includes lems. This flexibility is very signifi- sist of drug prevention, drug treat- improvements to the Safe and Drug- cant and very important. ment, and drug education. We need to Free Schools and Communities Pro- Contrast the administration’s pro- involve all levels of government in this gram, improvements that will empower posal with our proposal: They want three-pronged attack—the Federal, America’s families and America’s each State to cut by half the number of State, and local—as well as nonprofit teachers with the information, with school districts that benefit from the private organizations, charitable the training, with the resources they Safe and Drug-Free Schools Commu- groups, community groups. need to help our children resist the nities Act. Let me make it clear; under What all this means is that to effec- temptation of drugs. That is why our the administration’s proposal which tively stop our kids from getting and section in this bill would, first and they sent up to Capitol Hill, half the using illicit drugs we must balance the most importantly, increase account- school districts in the country would allocation of resources towards efforts ability measures to ensure that assist- lose their funding. I think that is a to stop those who produce drugs, those ance is targeted to effective research- mistake. Reinvesting in an improved who transport illegal drugs, and those based programs. That means programs Safe and Drug-Free Schools and Com- who deal drugs on our streets, and, yes, that actually work and have been test- munities Program is a critical part of even in our schools. ed and measured and we know work. restoring effectiveness and purpose to Because the threat of violence and My language will make sure schools our national drug policy. drug abuse in our schools is all too and communities assess local problems Ultimately, if we do not restore effec- real, we must get to our kids before the accurately, apply research-based solu- tiveness, more and more children will drug dealers do. We can do this. We can tions, measure outcomes with reliable use drugs, leading to greater levels of give America’s kids a fighting chance tools, and evaluate program effective- violence, criminal activity, and delin- through coordinated efforts between ness. quency. Unless we take action now, un- our schools and our communities. Next Second, my language would improve less we take the necessary steps to re- week, when the Senate begins debating the effectiveness of the Safe and Drug- verse these disturbing trends, unless the education reform legislation that I Free Schools Program by requiring we restore balance to our drug control referenced a moment ago, we will have schools to directly work with parents, policy, we will be sacrificing today’s a great opportunity to enhance a very with local law enforcement agencies, youth and our country’s future, and important program designed to educate local government agencies, local faith- that is just plain wrong. our kids and our communities about based organizations, and other commu- Mr. President, on behalf of the lead- the dangers of drug use. nity groups to develop and implement er, I yield the remainder of my time to This bill includes a section that I antidrug and antiviolence strategies. my colleague, Senator GORTON. helped write to make much needed im- As we all know, drug abuse and vio- The PRESIDING OFFICER. The Sen- provements, the Safe and Drug-Free lence among young people is a commu- ator from Washington is recognized for Schools and Communities Program. nity problem, it is a local problem, and the remainder of the leader’s time. S2952 CONGRESSIONAL RECORD — SENATE April 27, 2000 Mr. GORTON. Mr. President, next or by adding to its complexity by in- lives to teaching our children—teach- week when the Senate takes up the El- creasing the number of rules and regu- ers and principals and superintend- ementary and Secondary Education lations coming from Washington, DC, ents—wish for exactly the same thing. Act, it will be dealing with the most we can help these disadvantaged stu- I am convinced that we can enable important single issue, with the most dents in the light of this history, or them, we can empower them, to pro- vital single goal with which it will deal help any of our other students, for that vide a far more effective education sys- during the course of this session of matter? tem for all of our children than we are Congress. That debate will be about The status quo in the future will doing at the present time. our children, about their education, mean what the status quo in the past The way that we will provide that and about their future. has meant. I am convinced—I hope all power, the way we will enable them, There is unanimous recognition in of us are convinced—that no child will be to trust them to make the right this body that a good education, an should be left behind. decisions, but in an expression bor- education for the 21st century, will For the last 3 years, I have worked rowed from the cold war: Trust but help our children and our grand- on, spoken for, and proposed to this verify. And we will verify. The only children have an economically inde- body, new and better approaches that valid method of verification: A set of pendent future, to understand the his- are now a part of the bill we will be tests under which their actual objec- tory of their tradition and their cul- dealing with next week called Straight tive achievement will be measured and ture, and will open to all of their lives A’s, to allow innovation in States and reported here to Washington, DC, and an opportunity for lifetime learning in local communities in school dis- to this Congress. and personal enrichment. tricts across the United States, and to This should not be—and I hope will At the same time, as citizens, we rec- serve those children who are left be- not be—a partisan issue. I am con- ognize that the future of our democ- hind by the present system. vinced that working together we can racy depends upon an educated citi- Straight A’s would change the significantly improve our system of zenry and that we will need more and present pattern—unfortunately, in the public education in the United States better educated people in an ever more form in which this bill appears before and significantly increase the partici- complicated future. us in only 15 States; but in 15 very for- pation—the constructive participa- This year alone, I have had an oppor- tunate States—by giving them far tion—that this body, the Congress, and tunity, both in person and through more flexibility to use the money that the President, make to that. I hope video conferencing, to visit dozens of comes from the Federal Government in next week will be the advent of debate schools in individual school districts in the best interests of their children, that will have exactly those results. my own State, an experience I know without the blizzard of forms and pa- Mr. GRASSLEY. Mr. President, many of my colleagues have shared. perwork that plagues our schools at every young person in our country More than a year ago, we developed a the present time but with one over- should have the opportunity to grow system of recognizing on almost a whelmingly important underlined re- and learn in an environment that is weekly basis an outstanding educator quirement: that the academic achieve- free of drugs and violence. This is the or an outstanding program someplace ment of our children demonstrably im- type of environment Safe and Drug in the State of Washington, to both prove on the basis of objective tests Free Schools promotes. recognize and reward the innovation, imposed by each of the States that With the recent results of the annual the new thinking we all approve but take advantage of Straight A’s. Monitoring the Future study, it is ob- sometimes find difficult to discover. Under Straight A’s, States and local vious that we need to continue to pro- Educators in my State—teachers, communities could target more dollars vide our young people with effective principals, superintendents, school to high-poverty areas if they believe programs, such as Safe and Drug Free board members—and thoughtful and in- that is an effective use of the money. Schools, to assure positive learning en- volved parents are proud of their suc- In a very real sense, they would be en- vironments. This year Monitoring the cesses, but that pride is mixed with couraged to do so or to change the sys- Future reported that nearly 55 percent frustration, a frustration from the lim- tem for the better because, for the first of our high school seniors have used an itations placed on their ability to do time, States and local school districts illicit drug in the past month. In addi- what they think best for school- would be rewarded—tangibly re- tion, the study found that nearly 50 children under their care because of warded—by receiving an increased ap- percent of high school seniors have the massive rules and regulations ema- propriation if, and as, they reduce the used marijuana in 1999 and this per- nating from Washington, DC. Massive, gap between disadvantaged students centage has remained unchanged in I say, out of all proportion to the and other students in their systems. 1998, as well as 1997. Sadly, the study amount of money that comes to facili- Right now there is no such incentive, also found that the percentage of 10th tate that education from sources in the simply hundreds of different categor- graders who reported use of marijuana District of Columbia. ical aid programs, many of them highly increased from 39.6 percent in 1998 to With all the good will in the world, duplicative in nature, creating all nearly 41 percent in 1999. With these we now, for 35 years, have attempted to kinds of bureaucracies that have suc- discouraging drug use and abuse reduce the gap between underprivileged ceeded in either getting dollars trends, it is clear that we need to use and normally privileged children through to the classroom or in the far every resource available for anti-drug through title I. The Federal Govern- more important goal of raising student efforts. ment has spent more than $100 billion achievement. Safe and Drug Free Schools provides to reach that goal. But, bluntly, the Yesterday, at a news conference, the our state and local education agencies goal has not only not been reached, it State superintendent of schools in with the funding necessary to imple- has not even been approached. Georgia said 50 percent of the money ment effective, research-based pro- We find in the country as a whole that her schools received from the Fed- grams that prevent and reduce violence that two out of every three African eral Government went to administra- and substance abuse in our schools. American and Hispanic fourth graders tive costs—50 percent—a terrible in- Studies show a high correlation be- can barely read. We find that 70 per- dictment of the present system. That tween drug use and availability and cent of children in high-poverty money should be found in our schools school violence. We need to create a schools score below the most basic educating our children, not creating drug-free environment to promote a reading level. We find that fourth grad- more paperwork and more forms. safe environment. ers in high-poverty schools remain two The most dynamic forces in our In fact, many states have reported or three grade levels behind their peers schools today, in our education system decreases in incidents of violence and in low-poverty schools. today, are found in our States and in drug use because of Safe and Drug Free For these kids, and for the future of our local communities, not here in Schools funds. It is imperative that we our country, we can do better. We must Washington, DC. Parents want a better continue to provide our communities do better. How can we possibly argue education, and, Lord knows, those men with the resources necessary to protect that maintaining the present system, and women who dedicate their entire our children from violence and drugs. April 27, 2000 CONGRESSIONAL RECORD — SENATE S2953 With our leadership and support, it is 26 Milwaukee Journal Sentinel enti- that used to be on that Russian sub- certain that these disturbing trends of tled, ‘‘Will the United States Lead or marine. Did we sink that submarine in drug use and increasing school violence Follow on the Issue of Arms Control.’’ hostile action? No. Through the Nunn- will be reduced. I am committed to Another is from the April 27 Dallas Lugar threat reduction program, the providing our young people with a posi- Morning News with the title ‘‘Arms Pentagon actually dismantled that tive learning environment free of drugs Control, the Senate Needs to Stop Russian submarine. and safe from harm. Playing with Nuclear Fire.’’ And the More than that, we are sawing the Mr. DORGAN. Mr. President, I sug- last is this morning’s column in the wings off Russian bombers. Here is a gest the absence of a quorum. Washington Post by Mary McGrory en- picture of the Nunn-Lugar program The PRESIDING OFFICER (Mr. titled ‘‘Nuclear Family Values.’’ cutting the wings off TU–95 heavy BUNNING). The clerk will call the roll. Mr. President, I ask unanimous con- bombers. Why is the Pentagon cutting The assistant legislative clerk pro- sent these four editorials be printed in the wings off those bombers? Because ceeded to call the roll. the RECORD at the conclusion of my we have had arms control agreements Mr. DORGAN. Mr. President, I ask statement. with Russia that have called for the re- unanimous consent that the order for The PRESIDING OFFICER. Without duction of bombers, missiles, nuclear the quorum call be rescinded. objection, it is so ordered. warheads. Six thousand Russian nu- The PRESIDING OFFICER. Without (See Exhibit 1.) clear warheads have been eliminated— objection, it is so ordered. Mr. DORGAN. Mr. President, the 6,000. That is the explosive equivalent Mr. DORGAN. Mr. President, I ask statement made yesterday by the of 175,000 nuclear bombs like those unanimous consent to speak in morn- chairman of the Foreign Relations dropped on Hiroshima. Let me repeat ing business for 15 minutes. Committee was a statement that says, that. Arms control agreements with The PRESIDING OFFICER. Without we don’t know what you might nego- Russia have eliminated the threat from objection, it is so ordered. tiate. It has not yet been negotiated; a nuclear weapons with destructive f proposal does not yet exist. But what- power equivalent to 175,000 bombs the ever it is and whatever it might be, we size of the nuclear bomb dropped on ARMS CONTROL intend to kill it. It will be dead in my Hiroshima. Mr. DORGAN. Mr. President, yester- committee. We have people in the Congress who day the chairman of the Senate For- That is not what this country ought say: We don’t like arms control. We eign Relations Committee spoke on the to be doing with the subject of arms want to build new things. We want to floor of the Senate on the subject of control. As we meet in the Senate dis- build new missiles. We want to build arms control. He is a distinguished cussing a range of things, and espe- new missile defense systems. We want Member of the Senate, someone for cially discussing, more recently, the to build and we want to spend money whom I have high regard, but someone case of Elian Gonzalez, which seems to building. What they do is light the fuse with whom I have strong disagreement have co-opted so much attention in of a new arms race. Without some new effort in arms con- on this subject. I will speak this morn- this country, other countries around trol to reduce the threat of nuclear ing about the presentation he made the world aspire to acquire nuclear weapons, we will see a new arms race— yesterday and its relationship to a weapons. The spread of nuclear weap- expensive, dangerous, and one that will range of other issues we face. ons is a very serious matter. Will more hold the world hostage for some time The front page of the Washington and more countries have access to nu- to come. Our job ought to be to find Post this morning has a headline: clear bombs and the means by which to ways to reduce the nuclear threat, not ‘‘Helms Vows to Obstruct Arms Pacts, deliver those nuclear weapons, or will expand it; to find ways to create arms Any New Clinton Accord With Russia this country provide leadership in stop- Ruled Out.’’ It is a story about the control agreements that work. ping the spread of nuclear weapons? Again, I have deep respect for all of presentation made yesterday by the Arms control agreements have my colleagues, even those with whom I chairman of the Foreign Relations worked. Those in this Congress who have serious disagreements. I certainly Committee in which he stated that any have stopped arms control agreements have serious disagreements in this cir- arms control agreement negotiated by and who have said any future agree- cumstance. But I don’t understand an this administration is going to be dead ments will be dead in our committee or announcement that says, whatever the on arrival in the Senate Foreign Rela- in this Congress are wrong. It is the President might negotiate in arms con- tions Committee. With all due respect wrong policy for this country. Our trol, even though it is not yet nego- to the Washington Post, that is not country should instead be saying we tiated, even though we don’t know the news. The Foreign Relations Com- embrace thoughtful, reasonable, arms specifics, whatever it might be with re- mittee has been a morgue for arms con- control agreements that make this a spect to arms control, we pledge to you trol for a long time. In fact, this Con- safer world. that it is dead. That is not leadership. gress has been a morgue for arms con- This picture shows some of what the That is destructive to good public pol- trol. Everything dealing with arms Senate and the Congress have done in icy. If we can negotiate with the Rus- control has been dead on arrival in this the past on arms control agreements sians and others sensible, thoughtful Congress and in that committee for and why they work. This is a picture of arms control agreements that advance several years. a missile silo. This used to hold an SS– this country’s interests, enhance world The Nuclear Non-Proliferation Trea- 19, a Soviet and then Russian missile. safety and security, then we ought to ty Review Conference is now being held The missile in this silo had several be willing to embrace it, not shun it. in New York. At that conference the warheads aimed at the United States of I regret very much the announce- world is looking to this country for America. The threat from those war- ment that there will be no hearings on leadership in stopping the proliferation heads doesn’t exist anymore. The mis- any negotiations on arms control. We of nuclear weapons and stopping the sile is gone. The silo was filled in. The are quick to hold hearings on the Elian spread the missiles, submarines, and ground is plowed over and there are Gonzalez case. We have people doing bombers with which those nuclear now sunflowers on top. Is that cartwheels around the Chamber saying: weapons are delivered. Regrettably, progress? You bet your life it is Let’s hold hearings; let’s investigate. this country has abandoned its leader- progress. We can hold hearings on the Elian Gon- ship on the arms control issue. But it is not just missile silos. Here zalez case, but somehow there will be I will include in the RECORD several is the dismantling of a Russian Delta no movement, no hearings, no discus- editorials: one is the April 26 edition of class ballistic missile submarine. This sion on the issue of arms control if, the Chicago Tribune entitled ‘‘Russia used to be a submarine that would find God forbid, we should be able to Takes Arms Control Lead.’’ It dis- its way stealthily through the waters achieve some sort of breakthrough in cusses the Russian Duma’s approval of with missiles and nuclear warheads an arms control agreement with the Start II and the approval of the Com- aimed at American cities and targets. Russians or others. prehensive Nuclear Test-Ban treaty by It is no longer a submarine. Here is a In conclusion, it is our responsibility, the Russians. Another is from the April piece of copper wire that is ground up it falls on our shoulders in the United S2954 CONGRESSIONAL RECORD — SENATE April 27, 2000 States to be a world leader on these the U.S. Russia can say America is now the In October, the Senate refused to ratify the issues. It is our responsibility to lead. laggard. Russia can say America is seeking test ban treaty, partly because the Clinton We are the remaining nuclear and eco- to destabilize the bedrock agreement of mu- administration never bothered to campaign nomic superpower in the world. It is tual deterrence during the Cold War—the for it. Meantime, the administration— 1972 Anti-Ballistic Missile treaty. pushed by Repubicans—is considering wheth- our responsibility to lead, not towards The U.S. is seeking changes in that treaty er to deploy a limited missile shield that another arms race but towards more to permit it to develop a missile defense in- would violate the ABM treaty. arms control and towards stopping the tended to protect the nation against attacks The White House is trying to persuade the spread of nuclear weapons. from rogue nations such as North Korea and Russians to amend that treaty to allow for a Let’s not have more countries joining Iraq. The technology is unproven and the missile defense, but the Russians are having the nuclear club. Let’s not have more cost estimates already skyrocketing, but none of it. Texas Gov. George W. Bush, the proliferation of the technology of mis- there is support in both parties for a missile presumptive Republican presidential nomi- siles and submarines and nuclear weap- defense of some kind. nee, has said the U.S. should withdraw from ons spread around the world. To those This is an unwelcome change in global pub- the treaty if the Russians refuse to revise it. Thus, the U.S. threatens to dismantle an who say we are threatened by North lic relations. Until last October, the U.S. could rightly argue it was doing all it could arms control structure that has taken years Korea being able to send a missile with to lead the movement to control the pro- to build, while Russia bolsters it. This role a warhead to threaten the Aleutian Is- liferation of nuclear weapons around the reversal would be justified were arms trea- lands, I say this: Almost anyone who world, and that Russia was the obstinate ties obsolete. But they aren’t. If nuclear war thinks through this understands there player. The U.S. Senate in 1996 ratified the has been averted over the last half-century, are a myriad of threats our country START II treaty—calling for the nuclear ar- it is partly because of these agreements. faces. The least likely is a threat by an senals of the U.S. and Russia to be cut It’s time for the U.S. to make a U-turn. intercontinental ballistic missile from roughly in half. The test ban treaty had not The administration should start lobbying a rogue nation. It is far more likely been ratified by the U.S.—but it hadn’t been Congress and the country in behalf of the ratified by Russia either. test ban so that it can be ratified by the Sen- that a truck bomb, far more likely that Last October, though, the U.S. Senate re- ate next year. And, rather than weaken or a suitcase bomb, far more likely that a jected the test ban treaty. Now Russia has withdraw from the ABM treaty, the U.S. deadly biological or chemical agent agreed to it. That puts Russia in the com- should see that it is strengthened. would be used to threaten or hold hos- pany of Britain and France—also among the tage this country. It is far more likely five early nuclear powers—which have signed [From the Dallas Morning News, Apr. 27, that a cruise missile would be used. It and ratified the CTBT. And it lumps the U.S. 2000] is, in my judgment, the least likely op- with the only other early nuclear power that ARMS CONTROL has not—China. tion that a rogue nation would have ac- SENATE NEEDS TO STOP PLAYING WITH NUCLEAR Though it might argue as such, this is not cess to and acquire an intercontinental FIRE exactly a case of Russia acting out of nobil- ballistic missile and use that as a ity. Russia has significant economic as well Good news! Russia’s parliament ratified threat against this country. as strategic reasons for moving on these the START II nuclear arms-reduction treaty Having said that, I think we will now long-stalled arms treaties. It cannot afford this month. The U.S. Senate ratified it in have a struggle between those who des- to maintain its existing nuclear arsenal, and 1996. Therefore, the treaty, which would reduce perately want to build a national mis- any reduction in warheads helps free up the deployed warheads in each country’s ar- sile defense system at any cost in tax- scarce resources for other military needs. senal to no more than 3,500 from 6,000, may payers’ money, at any cost in arms As well, the CTBT vote places no imme- diate demands on Russia. Though the treaty at last take effect, right? control, at any cost, as contrasted with Wrong. has been signed by more than 150 nations and those of us who believe it is still our The treaty won’t take effect until the U.S. ratified by 52, its ban on test explosions Senate ratifies protocols to the treaty that responsibility to make this a safer would take effect only after each of the 44 the countries signed in 1997. The protocols world by understanding that arms con- nations deemed to have some nuclear capa- extend the arms-reduction deadline to 2007 trol has worked and has reduced the bility ratifies it. from 2003 and formally designate Russia, number of nuclear weapons. But we are Regardless of motives, Russia has taken Belarus, Kazakhstan and Ukraine as succes- not nearly finished. We must move to the lead and put the U.S. on the defensive— sors to the 1972 U.S.-Soviet anti-ballistic and that’s not a comfortable position for this START III, we must preserve the ABM missile treaty. nation. Treaty, and we must have new, aggres- One would think that the Senate would sive, bold and energetic leadership in leap at the chance to ratify the protocols for [From the Milwaukee Journal-Sentinel, Apr. the U.S. to say it is our job to stop the the sake of achieving verifiable reductions in 26, 2000] spread of nuclear weapons to make this Russia’s nuclear arsenal. But the body isn’t a safer world. WILL U.S. LEAD, OR FOLLOW? interested. Its Republican majority ada- That burden falls upon this country During the Cold War, the United States mantly wants to build a defense against mis- and, regrettably, this Congress has not was the world champion of nuclear arms con- sile attacks by rogue states, which is illegal been willing to assume that responsi- trol, and the Soviet Union was the unwilling under the U.S.-Soviet anti-ballistic treaty. partner that had to be dragged along. In the No problem. President Clinton is trying to bility. It is, in fact, all too often post-Cold War era, the tables have not been negotiate amendments to the anti-ballistic marching in exactly the opposite direc- exactly turned; but the furniture has been missile treaty that would permit the United tion. We need to put it back on track rearranged, putting the U.S. in the unbecom- States to build a limited national missile de- and say it is our job, and we willingly ing role of Dr. No. fense. It’s a worthwhile project. Once he con- and gladly accept that responsibility to Last week, the lower house of parliament vinces the Russians to agree, the Senate will stop the spread of nuclear weapons, to in Russia approved the Comprehensive Test ratify the amendments and the protocols so negotiate good arms control agree- Ban Treaty. As its name suggests, the treaty that START II could be implemented, right? ments that don’t threaten our security, bans the testing of nuclear weapons and Wrong again. thereby constrains their development. Just The Republicans want a granddaddy mis- but enhance it by reducing the threat the week before, the Russian parliament ap- sile defense. They want, in effect, ‘‘Star of nuclear weapons. proved another major accord: the second Wars.’’ Twenty-five of them, including Mr. President, I yield the floor. Strategic Arms Reduction Treaty, which Texas’ Phil Gramm and Kay Bailey EXHIBIT 1 nearly halves the nuclear arsenals of both Hutchison and Majority Leader Trent Lott, [From the Chicago Tribune, Apr. 26, 2000] the U.S. and Russia. wrote Mr. Clinton on April 18 that his pro- RUSSIA TAKES ARMS CONTROL LEAD Putting themselves firmly on record in posed limited defense was too limited. In just one week’s time, Russia has broken support of the arms-control process, the Rus- It takes only 34 senators to defeat a treaty. a legislative logjam that had stymied for sian lawmakers conditioned their approval So even if Mr. Clinton succeeds in amending years any action on reducing its formidable of these treaties on continued U.S. adherence the anti-ballistic missile treaty, the Senate nuclear arsenal and forestalling the further to the Anti-Ballistic Missile Treaty of 1972, would probably defeat it and the protocols, proliferation of nuclear weapons. which prohibits national anti-missile defense which means no START II. If the United With passage of START II and the Com- systems. States should proceed to build an ample mis- prehensive Test Ban Treaty, the Russian Compare these impressive and unambig- sile defense more to the Republicans’ liking, Duma has handed president-elect Vladimir uous Kremlin decisions with the dismal U.S. Russia might carry out its threat to abro- Putin major victories and created, for the record in recent years. The Senate beat the gate the entire range of bilateral arms-re- United States, something of a dilemma. Russians to the punch on START II, ratify- duction treaties with the United States, Russia can claim to be a leader in arms ing that treaty in 1996. Since then, U.S. lead- which would spell the end of arms control as control and point its finger reproachfully at ership on arms control has all but died. we know it. April 27, 2000 CONGRESSIONAL RECORD — SENATE S2955 The United States is beginning to look as publican Sen. Connie Mack of Florida, who tion’s Capital. But, in a moment, it if it isn’t interested in arms control. The had been stood up by Elian’s great-uncle was turned into a place of violence and Senate last year rejected a good treaty that Lazaro Gonzalez, Lazaro’s operatic daughter terror because a young man, appar- would have permanently banned nuclear Marisleysis, and Donato Dalrymple, one of ently with a handgun, shot several tests. The lower house of Russia’s par- Elian’s rescuers. There was Florida’s other liament approved the same treaty on April senator, Bob Graham (D), who also had a young people. 21. Now, the Senate is holding START II hos- grievance. He kept telling anyone who would The tragedy in this country is that tage to amendments to an anti-ballistic mis- listen that the president of the United each year 30,000 Americans die by gun- sile treaty that it probably would not ratify. States, sitting in the Oval Office, had given fire. Every day, 12 children are killed Meanwhile, U.S. negotiators keep telling his personal word that no snatch would be by gunfire. We can stop that and we their Russian counterparts that the limited undertaken at night. You can almost hear must stop that. missile defense would defend against rogue Bill Clinton triumphantly responding, ‘‘It The most recent incident is another states, while hawkish senators hold out for a was 5 o’clock in the morning.’’ indication that we have to act not full-blown system whose principle object Perhaps the most put out was Republican someday but immediately. These seven would be to defend against Russia. Sen. Robert C. Smith of New Hampshire, who children have been harmed and their To its credit, the administration is talking had taken Lazaro’s troupe to the Capitol families have been forever changed. with Russia about a START III treaty, which when they landed after their dramatic dash would reduce the number of deployed war- in hot pursuit of their little boarder. They This is a tragedy that they will live heads to no more than 2,500. But those talks have been turned away at the gate of An- with, but it is a tragedy that we don’t are hampered by the stalemates over START drews Air Force Base, twice. ‘‘Wait until de- have to live with as a nation indefi- II and missile defenses. fense appropriations time,’’ growled veteran nitely. Republican lobbyist Tom Korologos. We took several appropriate and re- [From the Washington Post, Apr. 27, 2000] Republicans have been warned by their sponsible steps after the Columbine NUCLEAR FAMILY VALUES pollsters that the public, by a wide margin, shooting last year in which we passed (By Mary McGrory) has thought all along that Elian should be legislation that would close the gun sent home to his father. The public hated the The fate of mankind vs. the fate of one 6- show loophole, require safety locks on picture of the child at gunpoint but they year-old Cuban boy? It is not a contest in the loved pictures taken at Andrews—pictures handguns to prevent their use by chil- U.S. Senate. Elian wins going away. that showed a beaming Elian leaning on his dren, and other measures. Yet these Russia’s new president, Vladimir Putin, father’s shoulder and playing with his baby measures languish today in a con- can’t get anyone’s attention on Capitol Hill, stepbrother. ference committee that has met only even though his first moves in office could What legislation would come out of hear- once since last year, which is not seri- have beneficial effects on the whole world ings is hard to imagine. There’s little hope of and are at least as noteworthy as Janet ously attempting to address the crit- wisdom, either. Maybe Marisleysis Gonzalez Reno’s pre-dawn raid on Elian Gonzalez’s ical issues of violence in this country. should be asked about her enviable health Miami home. Each day we wait, another incident plan. She’s been in and out of the hospital Putin passed two treaties through the Rus- takes place. Again, last year on the eight times in the past month, suffering sian parliament with wide majorities, indi- floor of the Senate as we debated the from the vapors visited on a surrogate mom. cating at a minimum that he had a grip on And somebody might want to inquire of the juvenile justice bill, if any of us had the legislature and some idea of a new image attorney general if she had considered dis- stood up and said a 6-year-old child for Russia: START II reduces the number of pensing with the helmet and the goggles that would walk into first grade in America nuclear weapons, and the Comprehensive made the Immigration and Naturalization and shoot another 6 year old, some Test Ban Treaty, which the Senate rejected gunman such a sinister figure. Wasn’t a ma- last year, bans all tests. would have said it was hysterical But is anyone hailing a new day in arms chine gun sufficiently intimidating? Did she demagoging. control? Is anyone rejoicing? No. Putin has make it clear to the crew that the child is That happened. If anybody said that done very well. But his name is not Gon- not a drug lord? While all this melodrama on a Sunday or a weekday afternoon at zalez. was swirling around, the Senate in its cham- the National Zoo random gunfire would On the Senate floor, Jesse Helms, chair- ber was tampering again with the Constitu- break out and seven children would be man of the Senate Foreign Relations Com- tion—an amendment for victims’ rights. The Constitution should not be messed with. An- shot down, we would be accused of mittee, who is just as much a dictator as hysterical demagoguery. It happened. Castro, from whom many Republicans want other document better left alone is the Anti- Ballistic Missile Treaty. We can prevent this, and we should, to save Elian, announced that there would be by acting promptly to pass the juvenile no hearings on this wicked nonsense from We need that handsome woman who threw Putin. But there will be emergency hearings the blanket over Elian on Saturday morning justice bill with those provisions in- on Elian, beginning next week. and rushed him off the scene. She should do cluded. Many in the Congress call for When Putin on April 15 put it to Bill Clin- the same for the Senate until it gets a grip stricter enforcement of handgun laws. I ton that he could have a choice between on its priorities. agree with that. We should enforce the fewer nuclear weapons and a national missile laws. But the reality is that we have to The PRESIDING OFFICER. The Sen- defense system, the reaction of Republican prevent these incidents rather than, senators was outrage. Led by their majority ator from Rhode Island is recognized. after the fact, arresting people. leader, Trent Lott, they dashed off a letter Mr. REED. Mr. President, I ask unan- It is against the law in the District of to the president, warning him that it was all imous consent that under the time re- Columbia to possess a handgun, as it a plot to foil a version of Ronald Reagan’s served for Senator DURBIN I may speak Star Wars. was possessed, apparently, by this for such time as I may consume. young man. But the District of Colum- The national missile defense system The PRESIDING OFFICER. Without doesn’t work and it costs $60 billion going in. bia is not an island. It is a metropoli- But hang the tests and hang the expense, the objection, it is so ordered. tan area between other States that Republicans want to start pouring concrete. f have much less strict gun control laws. Not that they are talking about it, mind Virginia, for example, is a State which THE JUVENILE JUSTICE BILL you. They are busing planning to air for the is a shell-issue State. That means that country all the recriminations and second- Mr. REED. Mr. President, for the last practically any person who is not a guessing since a petrified Elian was hauled several days, we have been debating a felon can carry a concealed weapon out of a closet by a helmeted, goggled crea- victims’ rights amendment to the U.S. ture with bared teeth and an automatic with a license and without showing a weapon. Constitution, and that is an interesting special need to do so. The Republicans love that picture almost and thoughtful debate. But I think we Private sales of handguns, including as much as they love Star Wars, and they are can do something else, which is try to gun show sales, are common through- not going to let it go. They quizzed Attorney prevent victims in the first place. We out Virginia, and there you can in fact General Reno for almost two hours Tuesday can do that by passing the juvenile jus- buy a weapon without a background morning. In the afternoon, Leader Lott, fair- tice bill, which contains sensible con- check if you are buying from an unli- ly vibrating with anticipation, explained trols on handguns in this society. censed gun dealer. There is no waiting that the public had a right to know just A few days ago we saw another inci- period in Virginia to buy a handgun. what state the peace negotiations had been at the time of the dawn raid. Janet Reno’s dent involving a handgun at the Na- Now there is a law that prevents the answers had not been satisfactory. tional Zoo, a place we have recognized purchase of more than one handgun a All day in the halls, Senate Elian-celeb- for decades as a source of solace and month, and that is good because it pre- rities were giving interviews. There was Re- education and recreation in the Na- vents trafficking in firearms. But it S2956 CONGRESSIONAL RECORD — SENATE April 27, 2000 only takes one gun to do the kind of turn puts them in a higher tax bracket, sworn in as President, the Dow Jones damage we saw a few days ago at the so they are, in fact, penalized by the average was around 3,000. Now it is in National Zoo. Tax Code because of their decision to the 10,000 category. We all agree that enforcement is im- get married. A tripling in the value of this stock portant. We look forward to and ap- The debate on the floor of the Senate market means half the American fami- plaud the local authorities who appre- now is whether we will change the Tax lies who own mutual funds or other in- hended the young suspect. He will be Code to eliminate that penalty. It vestments have generally seen their tried and the law will be imposed and makes common sense, really. We want pensions and savings growing over this enforced. But, once again, prevention to encourage people to get married. period of time. This is a very good perhaps could have prevented this vio- The idea that we would penalize them thing. But because of that strength- lence or other violence throughout the under the Tax Code for getting married ening economy, we have also seen peo- United States. makes no sense at all. There is com- ple making more money and paying On this 1-year anniversary of Col- mon agreement on that. Democrats more in taxes. Considering the fact umbine, we should be doing something and Republicans believe we should that folks are doing better, most of more than simply sitting and waiting eliminate that penalty. The difference, them have said: Keep it coming. We are for that conference report. We should of course, comes down to how you do it willing to pay our fair share of taxes as be demanding, as we have in the past and what the bill says as part of the long as we are getting more in income on this floor, that conferees meet, vote, tax relief. and we see our retirement plans grow- and send us back this measure, includ- I have to say, parenthetically, that I ing. ing all those strict gun control provi- don’t know too many young couples This increase in tax receipts because sions. This Senate went on record by a who, when they are making plans to of a prosperous economy has generated vote of 53–47 to take that very position. get engaged and to get married, say, a surplus. Where the Senate just a few I hope that vote will energize and acti- well, before we finalize this and buy a years ago was embroiled in a con- vate the conferees and that they will wedding ring, we better stop off at the troversy about the deficit we faced move immediately to send this provi- accountant’s office to figure out the year in and year out, we are now talk- sion to the President for signature. tax consequences. I am sure some do ing about how to spend the surplus. Within that bill, there are resources that, but my wife and I sure didn’t, and The marriage tax penalty bill takes a for the types of prevention and enforce- most people don’t do that. part of this surplus and says, let’s cure ment that we need with respect to ju- Notwithstanding that observation, it this problem in the Tax Code. I don’t veniles. Twenty-five percent of the $250 is right for us to consider changing the think that is unreasonable. But I million distributed annually on the ju- Tax Code to eliminate this penalty. In- thought we ought to step back for a venile accountability block grant pro- terestingly enough, though, there are second and say what our long-term gram would be dedicated to prevention almost an equal number of couples who goals are. to the gun lobby. In addition, the con- get married and get a tax bonus be- The long-term goal enunciated by ference report would include, I hope, cause their combined income lowers President Clinton—which I support and child safety locks, an amendment to their joint tax rate to the point where the Democratic side supports—is that firmly close the gun show loophole, a they pay a lower tax rate married than we should take this surplus and invest ban on the importation of high-capac- they did as single, individual filers. So, it wisely, do things with it that make ity ammunition clips, and a ban on the in a way, there is a marriage tax pen- sense in the long term. sale of semiautomatic weapons. It is alty under the Tax Code that I de- One thing that makes sense is to time now to prevent, if we can, the vio- scribed, but there is also a marriage eliminate the national debt. The def- lence that we have witnessed and, bonus. So what we have said on the icit each year piles up into an account sadly, the violence that happens every Democratic side is let’s deal with the called the national debt. The national day. penalty and make sure nobody pays a debt is our mortgage as a nation. We I yield the floor. price under the Tax Code for the deci- have to raise taxes every year to pay The PRESIDING OFFICER. The Sen- sion to get married. interest on our Nation’s mortgage—the ator from Illinois is recognized. When you make these Tax Code deci- national debt. In fact, we have to raise Mr. DURBIN. Mr. President, it is my sions, they cost money, because it $1 billion in taxes every single day understanding that the morning busi- means fewer dollars are flowing from from families, businesses, and individ- ness allocation ends at 10:30. I ask taxpayers and from the economy into uals just to pay interest on old debt. unanimous consent I be allowed to the Treasury. Whenever you are going Those of us on the Democratic side speak until the conclusion of that to propose a bill such as this to elimi- think our surplus should first be dedi- morning business and then to continue nate a Tax Code penalty to reduce a cated to reducing this national debt so speaking for such period of time as I tax obligation, you have to come up that the mortgage left to our children may consume. with some money to pay for it and off- and grandchildren is smaller. We will The PRESIDING OFFICER. Morning set the loss of revenue to the Federal leave them a great nation. Of course, business does not conclude at 10:30. The Government. we are proud of the role we played in time allotted to the Senator from Illi- We are in a position to discuss that helping that to happen. But we nois concludes at 10:30. possibility because, frankly, we are en- shouldn’t leave them a great debt for The Senator from Illinois is recog- joying the most prosperous economy in the things we enjoyed during our life- nized. the history of the United States of time. Mr. DURBIN. Mr. President, I seek America. We have seen the longest pe- We believe, on the Democratic side, recognition until 10:30, and I ask unani- riod of economic expansion ever. It has that the fiscally sound thing to do is to mous consent that I may continue been I think close to 109 months—for reduce the national debt. I am afraid speaking beyond that in morning busi- over 9 years—that we have seen a con- our friends on the Republican side of ness. tinued expansion of the economy with- the aisle would rather spend this The PRESIDING OFFICER. Without out a recession, which means more peo- money on tax cuts that go way beyond objection, it is so ordered. ple are going to work and buying the marriage tax penalty—the problem Mr. DURBIN. I thank the Chair. homes or cars; businesses are getting I discussed earlier. f started; inflation is in check; people The leader in tax cuts is the Repub- are making more money. lican candidate for President, Governor THE MARRIAGE TAX PENALTY If you happen to have a retirement Bush. He has proposed a tax cut pack- Mr. DURBIN. One of the issues pend- plan, if you take away the last few age larger even than the Republican ing is a Tax Code issue called the mar- weeks, which have been a little rocky, package that is being brought to the riage tax penalty. What it boils down you know that over the last several floor. to is that a number of people in this years you have done pretty well. There We had a vote just a couple of weeks country, when they go to get married, has been a growth in value in the stock ago on an amendment I offered. By a their combined incomes on a joint re- market. When President Clinton was vote of 99–0, the Senate rejected the April 27, 2000 CONGRESSIONAL RECORD — SENATE S2957 George Bush tax cut. They said it bill does. Many of us don’t believe that Senate. They want to give us a take-it- wasn’t wise policy. I think that was a is fair. or-leave-it vote: Either take our tax wise vote. We basically said, let’s take In addition, only 40 percent of the tax break, our marriage tax penalty break, care to spend this surplus wisely so relief under the Senate Republican or vote against it. We think this should that if the economy has a downturn, or plan would go towards the marriage be done in truly a deliberative process, we are asked in later years to account tax penalty. That is less than half of it. where we come to the floor and debate for our actions, we can explain, yes, we Sixty percent of it provides tax breaks the merits of our different positions. put the money into reducing the na- for people who are not suffering the This Senate is supposed to be the tional debt, strengthening Social Secu- marriage tax penalty. Those of us on greatest deliberative body in the world. rity, strengthening Medicare for years the Democratic side think that is not a For 200 years, it has enjoyed this rep- to come, and making wise investments wise investment. Instead, we should utation. in our future—and targeted tax cuts. target the tax cuts to people who need Yesterday, one of my colleagues, one One of the wisest investments and them. of the most respected Members of the the first stop on most people’s agenda Let me give you two examples of Senate, Senator ROBERT BYRD of West would be education—figure out a way what we think we can do with targeted Virginia, came to the floor, and in his to strengthen education so young peo- tax cuts that families across America fashion gave us another history lesson ple across America in the 21st century really need. For example, do you have about the Senate and how it came to have a better chance for a good job and a child attending college? Do you know be. If you have not heard a Senator a better chance to compete. how much it costs? Most families do. BYRD speech on the history of the Sen- How else could we make a wise in- They start worrying about college edu- ate, you have missed a good time. This vestment? Do something about health cation expenses as soon as the baby is man has dedicated a lifetime to re- care in this country. Expand the cov- born. They start putting away a little minding us that this is a historic insti- erage of health insurance so that more in a savings account thinking: how in tution. It is not just another creature and more Americans have that protec- the heck will their son or daughter of politics. He reminds us, time and tion and peace of mind. Deal with the ever get to a college unless they think again, our responsibility is to come to whole issue of prescription drug bene- ahead and plan ahead. this floor and debate the great ideas in fits for the elderly and disabled. We One of the things the Democrats America. Yet the Republican majority think, on the Democratic side, that is want to do, sponsored by Senator SCHU- would close us down, stop us from this a wise investment of the surplus as MER of New York, is to give a deduction debate, stop us from bringing these well. for college education expenses up to amendments to the floor. Then targeted tax cuts: Make sure $10,000. What does it mean? If you spent I say to those following the course of you target them where they are needed $10,000 on your son’s or daughter’s col- my remarks, this Senate is not over- and don’t go overboard. lege education, the targeted tax cut on worked. Take a look at the floor. With The marriage penalty I discussed: We the Democratic side would give you the exception of the fine Senator from agree on the Democratic side to elimi- $2,800—over a fourth of it—in a tax de- Kentucky, who is presiding, I am the nate it, but let’s not go overboard in duction. I wish it could be more, but it only one on the floor. Over the course eliminating it and reduce the possi- is a helping hand. I think most families of this week, few Members have come bility of bringing down the national would say: I like this; this is a sensible to the floor. We have not worked late debt and strengthening Social Security thing. It reduces the burden of debt at night or early in the morning debat- and Medicare. Therein lies the heart of many young people would face coming ing issues that American families care the debate on the floor of the Senate. out of college. It helps families who are about. We have kind of been in neutral For several weeks now, the Repub- trying to help their sons and daughters for a long period of time. lican leadership has come to us and go through college. When I go home to my home State of said: We want to bring our marriage Let me tell you something else we Illinois, the people I talk to and the tax penalty bill up for consideration. would do. We would create a tax credit families I meet with ask some very This marriage tax penalty bill they for people who are paying for long-term basic and important questions: What have proposed goes way beyond what is care. have you done lately to improve the necessary to cure the penalty. In fact, If you have an elderly parent or a dis- quality of life for families across Amer- when you take a close look at the pro- abled person in your household, you ica? The unfortunate answer is: Very visions, you find, unfortunately, a know that the cost of long-term care little, if anything. This Senate and the large part of the money that is being could be very expensive—to bring in House of Representatives cannot seem spent there is not really going to help visiting nurses, to provide for some to get into gear. the people who are penalized by the de- sort of convalescent care, or long-term When I ran for the Senate, it was for cision to get married. nursing home care. The President has the opportunity to represent 12 million Only 15 percent of the benefits under proposed a targeted tax cut for families people in Illinois but also to come to the Republican proposal, for example, to give them a helping hand to pay for this floor and engage in a real debate. go to low- and middle-income married that elderly parent, or elderly relative, I want the Republicans to come for- couples with incomes below $50,000 a or someone disabled in your household. ward with their best arguments on the year; 15 percent to couples making less That is the Democratic proposal. issues of the day. I want the Democrats than $50,000 a year. Yet these couples The Republicans, in contrast, think to do the same. Then let’s vote—that is represent 45 percent of all married cou- that 60 percent of the tax cuts should what it is all about—and be held ac- ples. They are not getting the tax ben- go to people in higher income cat- countable by the people who sent us efit. egories instead of targeting them to here as to whether or not we have Take a look at the winners. Fewer family needs that I have just described, voted the right way. That is the demo- than a third of married couples have like college education expenses and cratic process. incomes exceeding $75,000. Under the long-term care. That is what the de- But that is not the way it works in Republican bill, one-third of those cou- bate boils down to, in substance. The the Senate today. What we have here is ples who are getting married and earn- procedural part of the debate is as dry an effort by the Republican majority to ing over $75,000 a year receive two- as dust, but it is important because we stop the debate, to close it down, to thirds of this bill’s tax benefit. will decide on a vote in just about an give you one take-it-or-leave-it vote There is no fairness here. hour and a half as to whether or not we each week and then go home. We come If we are trying to encourage mar- are going to close down the debate on in and punch our time cards, check off riage at all levels of income, why would the Republican marriage tax penalty the box that says I now qualify for an- we hype the benefits on the wealthiest bill or leave it open so we can allow for other day on my pension, and a lot of people in America and basically ignore amendments to be offered. people head home. That is not why I those in lower-income categories strug- The Republicans oppose the sugges- ran for the Senate, and I do not think gling to buy a home and start a family? tion that we Democrats could offer our that is why this body was created by That is exactly what the Republican targeted tax cuts on the floor of the our Founding Fathers. S2958 CONGRESSIONAL RECORD — SENATE April 27, 2000 Let us consider some of the things we seniors in my State tell stories of drugs most commonly used by the el- could address. Senator EVAN BAYH, my going to the doctor, feeling bad. The derly and found that their prices had new Democratic colleague from Indi- doctor says: I think there is a prescrip- gone up more than twice the rate of in- ana, an extraordinarily talented man tion that can help you. The doctor flation. who served as Governor of that State, hands the senior citizen the prescrip- On average, the prices of these drugs has come forward with a very respon- tion. The senior citizen puts it in his or increased by 3.9 percent between Janu- sible suggestion on the marriage tax her pocket and says little, goes off to ary 1999 and January 2000; 2.2 percent penalty. Senator BAYH has said: Let us the pharmacy and says: How much will was the general inflationary increase. help those who are penalized and let us it cost? Many of these seniors, on fixed That is the average for the 50 drugs. save the resulting money from the Re- incomes, find they cannot afford to buy Some of them went up much more publican bill to reduce our national the medicines they need to stay quickly. Their prices are out of con- debt, to preserve and strengthen Social healthy. They have to make choices be- trol, beyond the means of seniors who Security and Medicare, to provide the tween the food they need to survive could not afford to pay for them. More- targeted tax cuts. That is one of the and the medicine which the doctors over, these increases are part of a amendments we want to offer. Take it have prescribed and recommended. trend, according to Families USA. Over or leave it, up or down, limited debate. That should change. We have the the past 6 years, the prices of prescrip- Our leader, Senator DASCHLE, came to power to change it. That is what Con- tion drugs most commonly used by sen- the floor and said this is not a fili- gress is all about. The President sup- iors also increased by twice the rate of buster. We will agree to a limitation, 1 ports this change to create a prescrip- inflation. hour on a side on this important issue, tion drug benefit so seniors across I have met with pharmacists in Illi- and then let’s vote on it. America will have some protection nois who tell me the prices of drugs But, no: Rejected. The Republican when it comes to buying prescription used to go up once a year. Now they go leadership said we do not want to de- drugs. up once a month. They understand sen- bate Senator BAYH’s amendment. We About a third of the seniors in our iors cannot keep up with it. do not want to debate Senator BAYH’s country already have some protection. When we talk about a prescription substitute. We want to give you one I think of the UAW retirees in Illinois drug benefit, it is not only to provide vote, up or down, take it or leave it. I and other union families that have protection under Medicare to pay for don’t think it is fair. I don’t think it is great retirement plans. They may prescription drugs, it is also to address fair to the Senator from Indiana, nor is spend $15 a month, as example, max- the issue of pricing. it fair to this body. Certainly we have imum, to get total drug coverage under When I talk about the issue of price the time on our hands to spend 2 hours their retirement plan. Those are the control in my State of Illinois, a lot of debating that important issue. lucky people, one-third of the seniors. people tense up: Wait a minute, the Senator ROBB of Virginia wants to Another third go out and try to buy Government is going to get involved in offer an amendment to this which ad- supplemental health insurance that price control? I am not sure I like that dresses an issue that is probably one of has prescription drug benefits. Some of idea. the most important issues that faces us it is good, some of it is just plain There is a natural skepticism, but I in this election year. It is a question of awful. They pay a very high premium ask them to bear with me for a minute whether we will create a prescription for it. These are the people in the mid- while I explain pricing mechanisms for drug benefit under Medicare. Senator dle who have a little bit of coverage. drugs. ROBB of Virginia wants a chance to But a third of the seniors have no Right now in the United States of offer that amendment and to debate it, protection whatsoever. What they pay America, the drug companies that a limited debate, 1 hour on each side, for in prescription drugs comes right make these prescription drugs bargain and take a vote as to whether or not we out of their pockets, right from their with insurance companies. The insur- will change Medicare to provide a pre- fixed income. ance companies come to them and say: scription drug benefit. Senator ROBB wants to offer an If you want the doctors in our insur- I invite all the Senators who are try- amendment this week on the floor of ance plan to prescribe these drugs, ing to stop this debate to take a mo- the Senate for us to vote on a prescrip- then you have to agree to pricing con- ment and go home, pick any constitu- tion drug benefit. Should the Senate trols so that your prices do not go up ency in your State, and ask them not go on record on this issue? If you out of hand. That is being done today. about a prescription drug benefit. I oppose it, vote against it. I support it That bargaining is taking place. found in Illinois that there are seniors and I want to vote for it. I want to be The Veterans Administration has across my State, disabled people across able to go back home to say to seniors: said to the same drug companies: If my State, and their families, who un- We have changed the Medicare pro- you want us to use your drugs in vet- derstand the critical need for a pre- gram for the better. We want to keep erans’ hospitals across America, agree scription drug benefit. you healthy and keep you strong. We to price controls so we can afford to In the 1960s, when President Lyndon want you to be able to pay for the pay for them, and the drug companies Johnson and Congress created the drugs that your doctor recommends for agree. Medicare program, they provided your good health. The Indian Health Service and the health insurance for the elderly and That is one of the amendments the Public Health Service are the same. disabled that had never been there be- Republicans do not want us to vote on. We find the only group in America fore. It has worked beautifully. For 40 Why? They say they favor prescription that does not have this bargaining years, Medicare has provided quality drug benefits. Senator ROBB gives them power to say to drug companies, ‘‘We health care for seniors and the dis- a chance to support one approach. I want to have reasonable pricing,’’ abled. The net result of it is seniors think it is within their power to offer turns out to be the elderly and disabled live longer. There is no better test of their alternative to it. But they do not people covered by Medicare. People on the success of Medicare than the fact want to bring that into the debate. fixed incomes in tough situations lack that seniors can live longer and can be They want to close down this debate so the same bargaining power. more independent in their lives. we do not go after them. I think, frank- On the Democratic side, we are say- My mother always used to say, for so ly, that is a serious shortcoming. ing give to all Americans this bar- many years, ‘‘I just don’t want to be a When you take a look at the prices of gaining power. burden.’’ How many parents say that to prescription drugs that are used by Let me tell my colleagues who else their kids? Medicare helped my mom seniors, you will find these prices are has bargaining power. If one happens to not be a burden to our family. She was spiraling out of control. In 1999, a re- live in a border State such as Montana able to have her own health insurance cent analysis by Families USA found or North Dakota, once a month a lot of protection because of Medicare. that prices of prescription drugs most senior centers rent a bus. What do they But there was a problem with Medi- commonly used by seniors increased at do with that bus? They load it up with care and we know it now. Medicare has almost twice the rate of inflation. The seniors and the prescriptions from no prescription drug benefit. So many report looked at the 50 prescription their doctors and drive over the border April 27, 2000 CONGRESSIONAL RECORD — SENATE S2959 into Canada. Why? Because the exact education expenses of our family mem- I welcome all of these girls to the same prescription drug sold in the bers? It is worth the time, and it is Capitol today and express my best United States, made by the same com- worth the debate. I believe the Repub- wishes to the millions of girls partici- pany, is sold in Canada for half the cost lican majority is wrong when they say pating in Take Our Daughters To Work as in the United States. Why? Why are we cannot and should not debate these Day. the prices lower? Because the Canadian amendments because we are too darn I yield back my time. Government is bargaining with the busy. I do not buy it. We are not too The PRESIDING OFFICER. The Sen- same American drug companies. They busy to focus on the problems about ator from Wyoming. tell them: You cannot sell your drugs which American families really care. f I hope this cloture vote at noon is a in the Canadian health care system un- MARRIAGE PENALTY less you keep the prices under control. vote that repudiates the Republican And the drug companies said: So be it, position and opens up this debate so we Mr. THOMAS. Mr. President, I am that is what we will do. Mexico is the can deal with prescription drugs, so we sure we welcome everyone for ‘‘Take same. Europe is the same. can deal with reducing the national Your Daughter to Work Day’’ here in If one looks at all these groups debt and strengthening Social Security Washington. around the world, they come to realize and Medicare, and so we can provide a I will take a few minutes to talk that only Medicare recipients in Amer- deduction for college education ex- about the marriage penalty tax bill ica are paying the very highest prices penses. I hope we will have that oppor- that is before us. Speaking of daugh- for drugs. Everybody else gets a bar- tunity this afternoon and for the re- ters, this provision of the tax code gain. mainder of the week. I yield the floor. makes it difficult for young families Do my colleagues know who else gets The PRESIDING OFFICER. The Sen- who have daughters to be treated fair- a bargain when it comes to drugs? Your ator from Hawaii. ly. dog and your cat. Exactly the same Mr. AKAKA. Mr. President, I ask Before addressing the specifics of the drug sold for human usage is sold at a unanimous consent to speak in morn- bill before us, I must say that I am a fraction of the cost to veterinarians— ing business for 10 minutes. little disappointed in the lack of co- 10 percent of the cost. I am a lot more The PRESIDING OFFICER. Without operation this year on the floor. Each concerned about a grandmother than I objection, it is so ordered. time we address an issue with a solu- am about a great dane. Mr. AKAKA. I thank the Chair. tion that is generally acceptable to I would like to see us have a pricing (The remarks of Mr. AKAKA per- most people, we find ourselves faced policy that gives seniors a break in- taining to the introduction of S. 2478 with all kinds of amendments, many of stead of looking to overseas leaders are located in today’s RECORD under which have nothing to do with the sub- and people in other countries who come ‘‘Statements on Introduced Bills and ject we are seeking to address, designed up with a way to keep the prices of Joint Resolutions.’’) entirely to create political wedge drugs under control. The PRESIDING OFFICER (Mr. AL- issues rather than solutions. I suppose What I have described in the last few LARD). The Senator’s time has expired. that is customary, perhaps, in a Presi- minutes is a contour of a debate that Mr. AKAKA. I yield the floor. dential election year, but it is too bad. should take place on the floor of the The PRESIDING OFFICER. Under It is too bad that each time we begin to Senate. Those Senators who disagree the previous order, the Senator from talk about an issue that should be ad- with me ought to have a chance to Wyoming, Mr. THOMAS, is recognized to dressed by this Congress, and indeed is stand up and explain their position. speak for up to 15 minutes. generally agreed to by most Members Senator ROBB of Virginia, who believes, Ms. LANDRIEU. Mr. President, since of the Senate, we find it being used to as I do, that we need a prescription I just want to make brief remarks, will bring up issues that are not relevant, drug benefit, should be allowed to the Senator indulge me so I can intro- not a part of what is being discussed, make his position known. We ought to duce a bill if I take about 2 minutes? but simply are used to delay, used as debate it and vote on it. The Repub- Mr. THOMAS. One and a half? leverage, used to make an issue. I hope lican majority says no. When it comes Ms. LANDRIEU. All right. One and a we can get by this resistance. to changes in the Tax Code, take it or half. One of the items we will be address- leave it; marriage tax penalty or else. Mr. THOMAS. Yes, that will be fine. ing early next week is an education The final point I will make, as I see Ms. LANDRIEU. I thank the Senator. bill, a broad education bill, elementary my colleagues come to the floor to join The PRESIDING OFFICER. The Sen- and secondary education, one that me in speaking—Senator AKAKA from ator from Louisiana. most everyone in the country wants to Hawaii will be speaking this morning— (The remarks of Ms. LANDRIEU per- see moved forward. Education is prob- is the fact that the amendment by Sen- taining to the introduction of S. 2479 ably one of the principals issue with ator SCHUMER of New York goes to the are located in today’s RECORD under which all of us are concerned. Yet I issue of expenses of college education. ‘‘Statements on Introduced Bills and predict that we will find next week all As I said earlier, the President is right. Joint Resolutions.’’) kinds of irrelevant amendments will be I believe we should give families trying The PRESIDING OFFICER. The Sen- added to seek to confuse and delay the to put kids through college a helping ator’s time has expired. passage of legislation. hand. Ms. LANDRIEU. If I could have 30 I hope that is not the case. I hope it Senator SCHUMER, who occupies the more seconds. is not the case with what I think is a desk to my left, wants to offer that f very important issue, the marriage amendment. He wants the Senate to go penalty. All of us are concerned about on record for or against the proposition TAKE OUR DAUGHTERS TO WORK our tax system, concerned about how that we ought to be giving a tax deduc- DAY complex the tax code is. Certainly tion for college education expenses. Ms. LANDRIEU. Mr. President, today right after April 15, we are all very Quite honestly, that is a good idea for is a special day in America: Take Our aware of how excessively complicated America to prepare the next generation Daughters To Work Day. The Senator this system has become, designed to af- to compete in the global economy so from Wyoming and the Presiding Offi- fect behavior as much as it is to collect that working families have a chance to cer will recognize that there are many revenue. send their kids to the best schools, get young girls, of all ages, working their One of the things we ought to con- the best education, and realize the way around the Capitol. sider, as we seek to simplify taxes, is American dream. I have some special girls with me fairness. That is the situation we face Is this worth a debate on the floor of today: Jordan Willard, Katherine Elk- today with regard to the marriage pen- the Senate? Is this worth a few min- ins, Cara Klein, Jessica Harkness, alty. The Federal Government penal- utes of our time? As I look across this Samantha Seiter, Kelsey Cook, Sadie izes couples simply for being married. empty Chamber, I ask: What is it Sen- Landrieu, Rachell Solley, Chelsea Two people earning this amount of ators could be doing that is more im- Niven, Caroline Hudson, and Frederica money jointly, unmarried, become portant than considering the college Wicker. married and pay more taxes on the S2960 CONGRESSIONAL RECORD — SENATE April 27, 2000 same amount of income. That is not issues, knowing that those issues will Mrs. HUTCHISON, has reserved 30 min- fair. That is what we ought to be deal- not be resolved, but, rather, can be utes. I ask unanimous consent to use a ing with, the fairness issue. used as issues in the political cam- portion of that time to speak on the Last year, 43 percent of married tax- paign. issue of the marriage tax penalty. payers, 22 million couples, paid an av- Marriage should be a sacred event, The PRESIDING OFFICER. Without erage of $1,500 more in taxes than they not a taxable one. We have a bill that objection, it is so ordered. would have paid had they not been a will do something about that penalty. I Mr. BROWNBACK. Mr. President, I married couple. In my State of Wyo- urge all my colleagues to support the rise to address a number of issues that ming, 45,000 couples were affected by cloture motion so we can move forward have been raised recently on the mar- this tax situation, a high percentage of and implement this much needed tax riage tax penalty elimination bill. We our population. Marriage penalty relief relief. will be voting at noon on a cloture mo- is middle-class tax relief. We always I yield the floor. tion. We have the opportunity at noon hear it is for the rich. This isn’t for the EXHIBIT 1 to vote on whether or not to proceed to rich. This is for middle-class people MARRIAGE PENALTY this issue. We have the opportunity who become married, as we urge people WILL CONGRESS FINALLY CORRECT THIS WRONG? then, as well, to consider any relevant to do and then, indeed, they are as- In 1996, 21 million American families paid amendments. sessed a penalty. Middle-income fami- an average of nearly $1,400 in marriage tax That needs to be made perfectly lies are the hardest hit. penalties. Congress would be remiss if it al- clear. Amendments are in order after What does marriage penalty relief lows this assault on married couples’ pocket- the cloture motion. The only issue is mean to families? Fifteen hundred dol- books to continue. whether or not they pertain to or are lars for families would mean a semes- There are many members of Congress who germane to marriage tax penalty re- say the country’s complicated and progres- lief. All of those will be open and de- ter of community college, 4 months of sive tax structure is the primary cause of the car payments, clothes for the kids, a marriage penalty. Since marriage combines batable. If there is a Democratic alter- family vacation, a home computer, sev- two tax units into one, a couple’s combined native they think is better on the mar- eral months of health insurance pre- income means their joint liability is higher riage tax penalty, that is relevant, we miums, or contributions to an IRA or a that the sum of what their individual tax can deal with that. We will debate it. savings program, which we encourage bills would be if they filed as single. We can vote on it, if we can finally get people to do. While the tax system is unfair, Congress’ to cloture on this issue. This country finds itself, thankfully, lack of action is even more unjust. Members We need to be very clear that there is know there is a problem, but refuse to act. no blockage on amendments relevant with more than adequate funding for That is shameful. Federal programs, even after we have And in this case, their talk is not cheap. to the marriage tax penalty. All rel- ensured that Social Security is not Throughout America’s history, policy- evant ones will be and can be consid- used for operating funds. This pros- makers have attempted to discourage cer- ered after the cloture vote so we can perity is due in part to the Republican tain behaviors by taxing them. So-called move forward with this issue. What Congress’ ability to control spending. ‘‘sin taxes’’ are levied on everything from would not be relevant is nongermane Now, for the first time in over 40 years, cigarettes to gasoline. issues, issues outside of the point of While people of good conscience may dis- we have an opportunity to begin to pay the marriage tax penalty. agree on the morality and efficacy of using There have been raised on the floor down the Federal debt, while also pro- the tax code to discourage various behaviors, viding tax relief, because of the excess virtually no one disputes taxes are a dis- this morning several inaccuracies I money coming into Washington. incentive. It is odd, then, that the federal in- wish to clear up. There is a statement You, the people of this country, must come tax code effectively taxes marriage— going around that somehow 60 percent decide if this is the appropriate course and thereby discourages it. of the tax relief in this bill doesn’t deal to take. Do you want to spend more That’s a shame. Some couples choose co- with the marriage tax penalty. I dis- money? Do you want to have more habitation over marriage because of this tax agree with that. One hundred percent penalty; others postpone marriage until Government involvement, more Gov- of the relief proposed in this bill goes later tax years. Some have even divorced be- to married couples. I don’t know who ernment regulation, or should we give cause of the penalty, and others speed up this money back to the taxpayers who their divorces to save money. These prac- they are claiming the 60 percent goes have paid it in? It is your money after tices denigrate marriage and normalize non- to, but 100 percent of this relief goes to all. This bill is an opportunity to do marital relationships. married couples. I will make it very that. If your intention is to control the The marriage penalty continues to be one clear: It isn’t 60 percent of this going size of the Federal Government, tax re- of the most discriminatory taxes. And while to businesses or 60 percent of it going lief is a very good idea. If you keep the $1,400 a year may not sound like a lot to to farmers or 60 percent of it going to some, over the years it can add up. A couple some other category; 100 percent goes money, I guarantee it will be spent on married for 50 years would end up paying expanding the size of Government. $70,000 in additional taxes. to married couples. That is indis- An editorial that ran a while ago in The Congressional Budget Office estimates putable. I want to talk about the na- the Wyoming Tribune-Eagle called on the average annual penalty of $1,400 could ture of the bill so people can get that Congress to do something about the cover a few mortgage payments, a down pay- fresh in their minds. We talked about marriage penalty. I will a small por- ment on a car, a needed vacation or it could it 2 weeks ago, but some time has tion from it: be invested or put into a savings and earn passed. I will talk about what our bill dividends and interest. While the tax system is unfair, Congress’s does. Because of the way the tax code is struc- Our bill eliminates the marriage tax lack of action is even more unjust. Members tured, only eliminating the current system know there is a problem but refuse to act. will end the marriage penalty. However, a penalty in the standard deduction. That is shameful. stopgap method is needed. Here are the nuts and bolts. The stand- I ask unanimous consent that the en- The most promising option is House Reso- ard deduction this year for a single tire editorial be printed in the RECORD lution 6. Under this proposal, the standard taxpayer is $4,400. However, for a mar- at the conclusion of my remarks. deduction and bracket breakpoints for mar- ried couple filing jointly, the standard The PRESIDING OFFICER. Without ried couples filing jointly would be made deduction is $7,350. It should be $8,800, objection, it is so ordered. twice what they are for single filers. This if it is fair. What we are doing is mak- (See Exhibit 1.) proposal should be relatively simple to im- ing it fair. Let’s make it $8,800. plement and would help toward the elimi- Mr. THOMAS. I could not agree more nation of the marriage penalty. Second, our bill widens the 15-percent with that sentiment. It sums it up very Equality under the law is fundamental to tax bracket. Under current law, the 15- well. This vote will clearly highlight America. By treating married couples in- percent bracket for a single taxpayer those who want to do something about equitably, Congress is allowing the tax code ends at an income threshold of $26,250. the marriage penalty, who want to do to make a mockery of this ideal. But for married couples, the bracket is something about tax simplification, The PRESIDING OFFICER. The Sen- not double; it ends at $43,850. It should tax fairness, and those who do not. We ator from Kansas. end, if it were fair, at $52,500. That is will see those who want to use this leg- Mr. BROWNBACK. Mr. President, I what our bill does. It moves it for the islation simply to introduce extraneous understand the Senator from Texas, double filing couple to $52,500. That is April 27, 2000 CONGRESSIONAL RECORD — SENATE S2961 fair. That is something that should be According to a recent study, marriage is in Do we want to send the message in the Tax Code and should be allowed. a state of decline from 1960 to 1996. The an- across the country that we want less Third, our bill applies that same nual number of marriages per thousand adult parents involved in raising their chil- principle of doubling that income women declined by almost 43 percent. dren? Clearly, the signal we are getting bracket on the 15-percent bracket, and I guess our policy is getting through. across America reflects that we want we provide that into the 28-percent By taxing something we apparently more parents involved and more paren- bracket as well. want less of, we are succeeding. That tal involvement with children. We need Fourth, our bill increases the phase- is, in my estimation, bad public policy. more time involved with the family, out range for the earned-income tax If you look at the situation around not less. So we don’t want to enshrine credit; that is, on the EITC, there is a which children do the best overall, it is in the Tax Code a situation where we marriage tax penalty there. With the in that stable environment, with two are actually saying we don’t want more earned-income tax credit, you don’t parents in a long-lasting relationship parents involved and having more time double the benefits for a married cou- of marriage. That is where children do with their children. We should be send- ple. Clearly, we should. Low-income best. That is not to say that a number ing the opposite signal across this Na- families with children can incur a sig- of single parents don’t struggle hero- tion. The alternative the Democrats nificant penalty, and they do, because ically to raise good children. They do. have put forth says we don’t think we of the current limits on the EITC. If But, overall, the statistics are that should have as much parental involve- both spouses work, phaseout of the they do best in a two-parent household. ment. I think that is a bad way to go. EITC on the basis of combined income As a matter of fact, the statistics are This is a simple bill. We are trying to can lead to the loss of some or all of that in a single-parent household—and address what the President says he the EITC benefits to which they would many struggle greatly to raise good wants. He wants to deal with the mar- be entitled as singles. Our bill works to children, and they do a good job, but riage tax penalty. We are trying to ad- begin fixing this problem. The Senate the overall statistics are very trou- dress that. We are trying to send him a Finance Committee proposal that bling in single-parent households where bill that deals with the marriage tax comes out would do that. children are twice as likely to be in- penalty. Let’s take all relevant amend- Finally, our bill would permanently volved in a crime, twice as likely to ments on the marriage tax penalty. We extend the provision that allows the drop out of school, twice as likely to be will take those, come what may, and personal nonrefundable credits to off- abused, and twice as likely to abuse al- get this voted out and get it on over to set both the regular tax and the min- cohol or drugs. the President. The House has passed it. imum tax. It is important that Amer- This is just not a good situation. We are here and we are ready to vote ican families receive the full benefit of That is not to say that many single on it. We will have the cloture motion the tax cuts they were promised. This parents don’t struggle heroically to do vote at noon. I urge my colleagues, important change will allow America’s a good job. Still, we as public policy- let’s get on to this issue and go ahead families to maintain the $500 per child makers should not tax marriage so and present it. tax credit, HOPE scholarship, adoption that we have less of it. We should be Mr. President, the Senator from credit, and many others. providing relief to married couples. Texas had 30 minutes reserved for this So those are the nuts and bolts of the I want to address this issue some issue. I don’t know if the Senator from bill. That is where the tax is occurring. have raised of a marriage bonus built Oklahoma wants to speak on that That is where we would alleviate the into this package. I think you could time. I yield 5 minutes to the Senator marriage tax penalty. That is it. That justify, on public policy grounds, actu- from Oklahoma on the time of the Sen- is what the bill is about. So the notion ally doing that, but I don’t think it is ator from Texas. that it doesn’t go to married couples is here. I think you can justify that as The PRESIDING OFFICER. The Sen- erroneous. It benefits a lot of people. well. Our bill provides marriage tax ator from Oklahoma. Currently, the marriage tax penalty is penalty relief to working American Mr. NICKLES. Mr. President, how on about 25 million American married families by doubling the lowest two tax much time does the Senator from couples. I have shown this chart pre- brackets and standard deductions, and Texas have remaining? viously. In Kansas, we have over 259,000 also in the EITC bracket. Our bill also The PRESIDING OFFICER. There couples paying a marriage tax penalty. treats all married couples the same, are 15 minutes in total, and this would On average, as the Senator from Wyo- whether both spouses work outside the leave the Senator from Texas 10 min- ming noted, it is about $1,400 per cou- home or just one. That seems to be fair utes. ple. as well. Mr. NICKLES. Mr. President, I will We have, I think, a lot of unfairness The Democrat alternative does not speak in morning business for up to 5 in the Tax Code. Typically, we try to treat all married couples the same. In minutes. benefit things that we think are help- fact, by giving preferences only to Mr. BAUCUS. Mr. President, there ful in the Tax Code and tax things that dual-earner families through choice of are several here on the floor who would we think are harmful. If that is the filing, that creates a homemaker pen- like to speak to the cloture motion. We typical analysis, then in this situation alty. For a spouse that decides to stay don’t have a lot of time. I would like to we must believe that marriage is harm- home and do the hard work of taking inquire of the assistant majority leader ful because we are taxing it. But the care of children, parents, or others, if he would agree to extending the time record is far different on that. Mar- they create a penalty in that situation. for the vote, say, another half hour at riage is a good thing. It is a central The other alternative—the Democrats’ least. value-creating institution for the alternative—would make families with Mr. BROWNBACK. Mr. President, the American family. Anybody for family one earner and one who stays at home Senator from Texas is agreeable to values ought to be for marriage. It is to take care of children or elderly par- yielding 5 minutes to the Senator from around that central unit that the fam- ents pay higher taxes than families Oklahoma. ily builds the values it shares with the with the same household income as Mr. NICKLES. Mr. President, I will children, and then later with the two-earner families. Why should we modify my request and take 5 minutes grandchildren and great grandchildren; discriminate against one-earner fami- of the time of the Senator from Texas. that emanates from that central unit. lies? Why would we want a Tax Code I have no objection. The majority lead- This is a very good thing, a very posi- that penalizes families because one of er and the minority leader will prob- tive thing. the spouses chooses the hard work of ably come out to make the decision on The institution of marriage has been the household over the role of the extending the time for the vote. Some under attack in recent years. The num- breadwinner? Believe me, it is hard people have luncheon conflicts, and so ber of people getting married has gone work. I don’t think it is a situation on. I have no objection to it. down substantially. A University of that we would want to enshrine within Mr. BAUCUS. I make that request, if Rutgers study points this out. I want our Tax Code because, again, what we the leaders will come out on the floor to quote it so that people have that in- do by taxing it is penalizing them and to make an adjustment. formation: saying we want less of it. Mr. NICKLES. I object at this point. S2962 CONGRESSIONAL RECORD — SENATE April 27, 2000 The PRESIDING OFFICER. Objec- campaign stump. But there is no sub- 5 minutes of that time for the Senator tion is heard. stance. from Texas. The Senator from Oklahoma is recog- The President does not eliminate the Mr. President, I want to note a cou- nized. marriage tax penalty. As a matter of ple of things as we wrap this debate up, Mr. NICKLES. Mr. President, I say to fact, the President doesn’t cut taxes. have a chance to vote on the marriage my colleague from Montana that I He doesn’t want tax cuts. I respect tax penalty in America, send that bill have no objection, as soon as we run it that. to conference, and ultimately to the by the two leaders. If they want to He has a tax increase for this year. President. postpone the vote for 30 minutes, fine. President Clinton’s budget proposal in- There is a fundamental principle that For the information of our col- creases taxes by a net of $9 billion in I talked about previously which exists leagues, we have a vote scheduled at 12 the year 2001. Over 5 years, the Presi- and has worked repeatedly in this o’clock. I think some people are trying dent has a proposal for a net tax cut of country. If you tax something, you will to go to luncheons and different things. a measly $5 billion. Keep in mind that get less of it. If you subsidize it, you For scheduling purposes, it may be the Federal Government is going to be will get more of it. We have been tax- postponed until 12:30. That is perfectly taking in about $10 trillion over that ing marriage, and we are getting less of fine with this Senator. same 5 years. But he would only allow it. The Rutgers study that I cited shows I want to make my comments on the for such a small percentage that it a 43-percent decline in marriage in the marriage tax penalty. won’t even show up. period between 1960 and 1996. At the I compliment my colleagues from We are trying to give tax cuts to tax- same time, fewer adults are getting Texas and Kansas for their leadership payers who are married and penalized married. Far more young Americans in trying to eliminate the so-called under the system. We do that basically are cohabitating. During that same pe- marriage tax penalty. We have a by doubling the 15-percent bracket and riod of time, cohabitation went up 1,000 chance to do that. We have to get to eventually doubling the 28-percent percent. We subsidize that side of it. the amendment. Some people do not bracket. One working spouse that We tax getting married. want to get to the amendment. If we makes a lot less is not thrown into a When marriage as an institution get to the amendment, we can have rel- higher bracket. breaks down, the children suffer. evant amendments. We also don’t penalize the stay-at- Mr. DASCHLE. Mr. President, will I understand some people have dif- home spouse. We basically double the the Senator from Kansas yield? I want ferent ideas of different ways of elimi- individual brackets. We do that right to make a statement that will take no nating the marriage tax penalty. Fine. away so we don’t discriminate against more than 10 seconds. Let’s consider them and vote on them. somebody if they make a sacrifice and Mr. BROWNBACK. I yield. I think the way the Finance Com- say they want to stay home with the Mr. DASCHLE. Mr. President, I yield mittee—I happen to be a member of the kids. If this is a tax bracket for indi- from my leader time 10 minutes to the Finance Committee—reported it out is viduals, we say double it for couples. distinguished Senator from Montana the preferred way to do it. It is the fairest system you can come and 5 minutes to the distinguished Sen- Very simply put, we have a tax up with, and it is tax relief for Amer- ator from Massachusetts. bracket right now that is very com- ican couples. It is significantly greater The PRESIDING OFFICER. The plicated. But we have different brack- than that proposed by the President. Chair makes that note. ets. We have a zero bracket, a 15-per- But I hope this Congress will pass it The Senator from Kansas. cent bracket, a 28-percent bracket, a in a bipartisan fashion as we did by Mr. BROWNBACK. Thank you, Mr. 31-percent bracket, and a 39.6-percent eliminating the Social Security earn- President. bracket. Thanks to President Clinton ings penalty. We passed that earlier by I thank the distinguished Democratic leader. and Vice President GORE, the rates an overwhelming margin. The Presi- When the institution of marriage have gone up. dent signed it. Some of us had been People shouldn’t be penalized be- breaks down and we tax it, we cause it pushing that for years. to break down further. The children do cause one spouse works or two spouses Some of us for years have been push- suffer. work. They shouldn’t be penalized ing to eliminate the marriage tax pen- A number of single parents struggle under the system because they are alty. We have a chance to do that. We heroically and do a good job of raising married. need to have our colleagues vote in their children. But the best institution Right now you can have one spouse favor of the cloture motion at 12 noon to raise those children in and to build working, say making $40,000 and in the or at 12:30 in order to make that hap- family values that we have all talked 28-percent bracket. Another spouse is pen. I urge my colleagues to do it. about is the institution of marriage. making $20,000 and presumably would If colleagues have alternative ways of That is the best place; the values ema- be in the 15-percent bracket, but right dealing with the marriage tax penalty nate from that. now under current law that $20,000 by they wish to have considered, I think The past few decades have seen a one spouse is taxed at the 28-percent we are happy to vote on those. huge decrease in that institution, as tax bracket. It costs them about $1,400. I thank my colleague from Kansas the study I have just cited from Rut- That is unfair. We eliminate that in for yielding me time, and I thank my gers points out. We are taxing mar- our proposal. colleague from Texas, Senator riage across the country. So we are We double the 15-percent tax bracket. HUTCHISON, for her leadership. getting what we are paying for—fewer Individuals making up to $26,000 pay 15 I hope today within the hour we will marriages. That is happening. We are percent in tax. We double that. We say make giant strides and ultimately pass taxing over 259,000 of them in the State if it is 15 percent in taxes at $26,000, it before we leave this Congress. I hope of Kansas. That is not good for the let’s double that for couples and make in the next day or two we pass a bill children. that $52,000. That will save them about that would eliminate the earnings mar- The past few decades have seen the $1,100. We double the exemption. The riage tax penalty on married couples. problems befall our children because of exemption right now is $4,400. We say I thank my colleague for yielding me that overall situation, the well-being of double that. That should be $8,800. We 5 minutes. children in virtually all areas of life— double it. That saves a couple hundred The PRESIDING OFFICER. The Sen- physiologically, psychologically, dollars. ator from Kansas. health-wise, sociologically, academic That is where we get the marriage Mr. BROWNBACK. Mr. President, achievement, and the likelihood of suf- tax penalty figure of about $1,400 for a how much time remains for the Sen- fering physically. couple, if their income combined is ator from Texas? They are better off in that stable, $52,000. Let’s do that. The PRESIDING OFFICER. Ten min- two-parent family—not to say that a I have heard President Clinton say he utes remain on the time of the Senator number of single parents don’t do a wants to get rid of it. But his proposal from Texas. very good job. They do. Overall, statis- doesn’t get rid of it. It may be good Mr. BROWNBACK. Mr. President, I tically, they are still better off in that rhetorically. It may be good on the will use 5 minutes of that and reserve two-parent, stable family. April 27, 2000 CONGRESSIONAL RECORD — SENATE S2963 As a couple, Gary and Karla Gipson, nance Committee, which is the amend- What else is going on here? The ma- wrote to me and stated: ment we hope can be offered to solve jority party wants a vote on a par- If they are really interested in putting the marriage tax penalty, is a marriage liamentary procedure so many amend- children first, then why do we in this coun- tax penalty relief bill. It is not a mar- ments—or few amendments—that both try penalize the institution of marriage riage relief bill. It is a marriage tax sides want to offer could not be offered. where kids do best? When parents are truly penalty relief bill. They are afraid of these amendments. committed to each other through their mar- What I am saying is 60 percent of the They are afraid of an amendment to riage vows, their children’s outcomes are en- benefit in the majority bill goes to peo- provide prescription drug benefits for hanced. ple who have no penalty; 100 percent of senior citizens. They are afraid of an That is supported by studies. It is the provisions in the Democratic bill amendment to deal with Medicaid. supported by, frankly, common sense. go to those who are in a penalty posi- They are afraid of an amendment The marriage tax penalty to an extent tion. which will help Americans provide edu- is a penalty that our children have to Let’s remember, a little over half of cation for their children. They are bear. It is a penalty on children. That Americans are in a marriage bonus sit- afraid of amendments on their side. is unacceptable. Newlyweds face uation; that is, as a consequence of They are afraid of an amendment, per- enough challenge without paying puni- marriage, they pay less taxes than haps, dealing with estate taxes. They tive damages in the form of the mar- they would pay if they filed singly; are afraid of that. They do not want riage tax. The last thing the Federal whereas a little less than half of Amer- amendments. They are afraid of them. Government should do is penalize the icans are in a penalty position; that is, Why are they afraid of them? I don’t institution that is the foundation of a they pay more taxes as a consequence know why they are afraid of them. civil society. of being married compared to what They don’t want the Senate to vote on I am hopeful, as this bill is consid- they would pay if they were married these amendments, amendments which ered on the floor, we will be able to filing singly. So we are addressing the are of very great concern to a vast ma- have a reasoned debate and we will be marriage tax penalty by focusing our jority of American citizens. Frankly, able to work across the aisle in a bipar- benefits on the marriage tax penalty, that is why we are here, to try to serve tisan fashion to achieve marriage pen- not on marriage relief, which is what the public interest by offering and vot- alty relief for millions of Americans the majority is talking about—mar- ing on amendments which affect Amer- who are adversely affected by this pro- riage relief. ican citizens. vision of our Tax Code. We can have They must think marriage is a bad The problem, I might say, is this. that debate on the issue. thing. They want to give relief to mar- There are maybe 80 legislative days There is more to do. The marriage ried couples. We are giving relief to this year. That is all. We have not been penalty is embedded many places, and married couples who suffered a tax pen- voting Mondays or Fridays, so there we could continue, and should con- alty. Marriage has its own rewards. I are probably about 50, that is all, re- tinue, to work on that. But, overall, if am surprised, frankly, the majority maining this year—50 days, maybe, we we are truly interested in the health of would think that, by implication, they will have votes. If we cannot offer our children, if we are truly interested have to give their benefits for the sake amendments that the American people in trying to instill and support family of marriage. want us to discuss and debate on this values across this country, if we truly The proposal the Democrats are of- bill, when in the world are we going to do support that, I do not know how you fering totally addresses marriage. It have time to do it with only 50 days get around the situation of saying, by also totally addresses the marriage tax left? taxing marriage, we are going to get penalties. There are 65 provisions in Basically, the majority does not less of it, and that is a bad thing for the code today which cause a marriage want a vote on issues that concern the our children. tax penalty situation—65. The Demo- American people. They also do not Let’s look at this for what it does to cratic provision addresses all of them, want a vote on a better idea on how to the children. Let’s provide that support all 65, so there will be no penalty con- address the marriage penalty because and help to that married couple. Let’s sequence under the Democratic bill be- technically, if cloture is invoked, the provide the support and help, whether cause of marriage. How many of the 65 amendment offered by Senator MOY- it is a two-wage-earner or a single- penalties in the code do you think the NIHAN, which is the Democratic amend- earner family where one chooses to do majority bill addresses: 5? 10? 15? 20? ment—a better idea—will not be in the hard work of taking care of the 65? No. Three, only 3, only 3 out of the order. It will not be in order to address children or an aging parent or a rel- 65. all the 65 provisions of the code called ative. Why would we penalize that situ- One of them is Social Security dif- the marriage tax penalty. It will not be ation? ferentiation. That is the penalty a cou- in order for Americans to choose; that For that reason, I urge my colleagues ple suffers as a consequence of the So- is, choose to file jointly or separately. to support the cloture motion and let’s cial Security tax provisions affected by An amendment will not be in order to get on to this bill. marriage. There are 61 others. There is allow Americans to choose. I reserve the remainder of the 5 min- a huge difference. It is no wonder all this smokescreen utes to the Senator from Texas. On the one hand, you have the major- is being put up over here, playing poli- The PRESIDING OFFICER. The Sen- ity that does not want to address the tics, lots of folderol. Cut right down to ator from Montana. other 62 provisions of the code which the bone, the issue is, Should we be Mr. BAUCUS. Mr. President, there cause a marriage tax penalty, whereas able to vote for a better way to address have been a lot of statements on the our bill addresses all of them. How does the marriage penalty or not? I think floor, a lot of words. A lot is accurate it address all of them? By saying to the we should; therefore, that amendment and a lot is inaccurate. I would like to taxpayers who are married: You have a should be in order. It will not be in set things straight on what it is we are choice. Your choice is this: You file order if cloture is invoked. They know voting and on what it is we are not vot- singly or you file jointly. It is your that. They don’t want us to be able to ing. choice. Whichever results in the lowest vote on that. In addition, they don’t It has been said here that 100 percent taxes, that is what you pay. want a vote on other amendments, of the benefit in the majority bill goes So it has the benefit not only of ad- such as education and prescription to married couples. That is true. But dressing all the 65 provisions of the drug benefits, which are a good idea. this is not a marriage relief bill we are code—theirs addresses only 3 provi- They don’t want a vote on those. talking about today. Marriage has its sions of the code—but the Democratic That is all this comes down to. I say own rewards. We are not talking about provision, the minority provision, also let’s vote on a couple of these amend- a marriage relief bill. We are talking has the benefit of choice, allowing tax- ments. Then let’s vote on which of the about a marriage tax penalty relief payers to choose what they want to do. two marriage tax penalty provisions is bill. Not theirs. You cannot choose in best. We will be doing the American The proposition offered by the minor- theirs; this is the way it is. You only people a great service by solving the ity Members, all Democrats on the Fi- get to address 3 out of the 65 on theirs. marriage tax penalty problem. S2964 CONGRESSIONAL RECORD — SENATE April 27, 2000 I yield the floor. States have indicated how they utilized classes, safer schools, or better teach- The PRESIDING OFFICER. The Sen- the money—purchased 18 portable ers. ator from Massachusetts is recognized swimming pools in the summer of 1966 The PRESIDING OFFICER. The Sen- for 5 minutes, and then the Senator at $3,500 each. The justification was ator’s time has expired. from Texas is recognized for 5 minutes, that funds originally approved for a Mr. KENNEDY. I thank the Chair. and we will vote. summer remedial program would not f Mr. KENNEDY. Mr. President, I com- be spent and the money would other- MARRIAGE TAX PENALTY RELIEF mend the Senator from Montana and wise go unspent. There is the buying of commend the reasoning he has pre- football uniforms in some States, and The PRESIDING OFFICER. The Sen- sented to this body. What he has point- the buying of musical instruments for ator from Texas. Mrs. HUTCHISON. Mr. President, I ed out is we could move ahead on this groups not even affected by title I. We thank Senator ROTH and Senator issue and reach a fair resolution of the will go through what has happened his- GRASSLEY for helping us write a very injustice of the marriage tax penalty if torically with the block grant pro- good bill that will give relief to 21 mil- we just had the opportunity to have a gram. lion married couples in this country; 42 reasonable debate and discussion on Our programs are targeted to make million people will receive a benefit. these measures. We are effectively sure we have a well-trained teacher in When I go through my State and a being denied, closed out from that op- every classroom. We believe the over- policeman comes up to me and says, ‘‘I portunity. I just thank him for reit- whelming majority of American par- cannot believe how much more I am erating that. As a leader on the Fi- ents understand that and want that. paying since I got married,’’ or a nance Committee on this issue, I think We want to make sure we have smaller schoolteacher or a county clerk or a he has made this case in a very power- class sizes. We do not need more stud- sheriff’s deputy, I wonder what could ful way. ies. We have had all the studies, and we we be thinking. This is not a tax cut; f have the results. We understand, as this is a tax correction. Twenty-one Senator MURRAY has pointed out so ef- EDUCATION million American couples are paying a fectively, that smaller class sizes re- penalty only because they are married. Mr. KENNEDY. Mr. President, on the sult in enhanced academic achieve- issue of education, the elementary and That is not right. ment. We believe, with the scarce re- The President of the United States, secondary education legislation will be sources available, we ought to invest in in his March 11 radio address, ad- coming to the floor in the next several a guaranteed program with guaranteed dressed six tax cuts he thinks would be days, according to what the leader has results of having the smaller class a good idea. Two of those are in the bill announced. I wish to indicate, once sizes. We believe in afterschool pro- we are voting on today. He said: again, the position of those of us on grams which are so important. this side of the aisle and what we tried ...a tax relief to reduce the marriage Modern, safer schools: Our schools penalty, tax relief to reward work and family to do in the markup of the education are too crowded, out-of-date, and dilap- with an expanded earned income tax credit. proposal several weeks ago. idated. We owe it to our children to Of the six tax cuts he says he favors, We attempted to follow some of the modernize our schools—to have more two are in the bill on which we will be rather radical, but significant, changes classrooms, to provide modern teach- voting. One has to ask the fair ques- we have seen as a result of enhanced ing facilities, and to provide our chil- tion: Why would so many of the Demo- and improved academic achievement at dren with a safe and orderly learning crats refuse to let us bring up the bill the local level. We want some guaran- environment. that addresses exactly what the Presi- tees because of the scarce resources Accountability for results: We should dent has asked us to send to him? available to us. hold schools accountable for results. We sent him marriage tax penalty re- As my colleagues know, 7 cents out We don’t want to write a blank check lief last year. He vetoed the bill. He of every dollar for education comes to the states. We want federal edu- said there was too much in it; there from the Federal Government. We are cation dollars to go to proven programs were too many other tax cuts. I happen strongly committed on this side of the that will bring about real change. And to believe there is not a tax cut that I aisle to building on tried and tested we should require schools to use scarce do not like because I think hard-work- programs that are indicating enhanced federal dollars to bring about that ing Americans deserve more relief. We achievement for the children of this change. are only using part of the income tax country, rather than the alternative, A greater role for parents: Children withholding surplus here, not Social which is a block grant program our Re- and schools need the support of par- Security surplus, not even all of the in- publican friends have supported. ents. Senator REED will propose an come tax withholding surplus. We are We will have a chance to go through amendment to give parents a stronger only using part to give the money back their legislation. It is S. 2. Instead of role in the education of their children to the people who earned it. providing targeted resources to local and in the decision-making in their Nevertheless, the President said it communities for improving teacher local schools. was too much. So we said: All right, we quality, smaller class size, afterschool Gun safety: We should give gun safe- are going to send him smaller tax cut programs, the majority, in this lengthy ty top priority when it comes to our bills just as he requested. legislation, says it should be children and our schools. Child safety We sent him one which removed that ‘‘. . . determination of State participa- locks on guns should be a requirement. terrible added tax on Social Security tion, the Governor of a State’’—not the And we should close the gun show loop- recipients between the age of 65 and 70 local parents, not the local school hole that has proven so deadly to our who want to work and make more than board, not the local community, but children and our schools. The Senate $17,000. That is gone. We passed the the Governor of a State—‘‘in consulta- passed such legislation last year, but it bill, we sent it to the President, and he tion with the individual body respon- languishes in conference. We should act signed it. sible for the education of the State again—this time in earnest—to protect There must be a real problem on the shall determine. . . .’’ We will go our children and our schools from gun Democratic side, and I quote the dis- through the legislation next week, violence. tinguished leader of the Democratic Their legislation says 5 years later Republican colleagues will talk Party in the Senate in Reuters on there is going to be an accounting. We, about change—they talk about having April 13 of this year when he said: on this side, do not want to wait 5 better teachers and safer schools. But I think the Republican bill is a marriage years to find out if their particular if you read their bill, they just perpet- penalty relief bill in name only. It’s a Trojan block grant program has been effec- uate the status quo. All they want to horse for the other risky tax schemes they tive. All one has to do is go back to do is give more money to the governors have that have been proposed so far this 1965 to 1969. We provided block grants and the states to use for their favorite year. to the States under the title I program. programs. There is no guarantee under To what risky tax schemes could he We will go through some of this during the Republican bill that your local be referring? Was it the Social Secu- the debate. The State of Tennessee—all school will spend the money on smaller rity earnings tests we eliminated for April 27, 2000 CONGRESSIONAL RECORD — SENATE S2965 people who are over 65 and want to get a marriage bonus? Or should we and the Senator from Arkansas (Mrs. work? Was it the education tax credits eliminate the marriage penalty for LINCOLN) are necessarily absent. we have passed and is now in con- couples who need a tax cut, and use the The PRESIDING OFFICER (Mr. FITZ- ference to help parents by giving a other $149 billion in this bill to create GERALD). Are there any other Senators credit for their children’s education a Medicare prescription drug benefit? in the Chamber desiring to vote? starting in kindergarten and going all What is really going on here? What The yeas and nays resulted—yeas 51, the way through college? Or is it the are Republicans afraid of? Evidently, nays 44, as follows: small business tax credits he thinks they are absolutely terrified of voting are risky tax schemes to help our small on our prescription drug amendment. [Rollcall Vote No. 87 Leg.] They seem to recoil at even the slight- business people create new jobs to keep YEAS—51 our economy going? est mention of those two words. Our Republican colleagues filed clo- Abraham Enzi Lugar I do not think one can make the case Allard Fitzgerald McConnell that this is a risky tax scheme. This is ture on this bill before debate had even Ashcroft Frist Murkowski marriage penalty relief for 21 million begun. They hope to rig the procedural Bennett Gorton Nickles American couples who are paying the situation so as to shield their faulty Bond Gramm Roberts bill from public scrutiny and avoid vot- Brownback Grams Santorum tax only because they got married. In Bunning Grassley Sessions addition, we add more people who will ing on prescription drugs. Burns Gregg Shelby get the earned-income tax credit be- Senator LOTT has said our amend- Campbell Hagel Smith (NH) Chafee, L. Hatch Smith (OR) cause they are coming off welfare and ments are ‘‘ridiculous.’’ He has said it would give him great joy to vote Cochran Helms Snowe are working and feeling good about Collins Hutchinson Specter themselves. We want to encourage against them. We want to make his Coverdell Hutchison Stevens day. We want to give him that chance. Craig Inhofe Thomas them to do that. A family of four mak- Crapo Jeffords Thompson ing $31,000—— That is why I once again will vote against cloture on this bill. If Repub- DeWine Kyl Thurmond The PRESIDING OFFICER. The Sen- Domenici Lott Warner ator’s time has expired. licans really think our amendments Mrs. HUTCHISON. Will still get an are ‘‘ridiculous,’’ they can vote against NAYS—44 earned-income tax credit when they them. If they think that adding a pre- Akaka Edwards Lieberman Baucus Feingold Mikulski make $33,000. scription drug benefit is a ‘‘poison pill,’’ they can vote against it. But let Bayh Feinstein Moynihan There is no excuse. It is time to let Biden Graham Murray us take up amendments on this bill and us vote and get on with the Senate’s Bingaman Harkin Reed vote marriage tax penalty relief for the business and the business of the Amer- Boxer Hollings Reid ican people. Breaux Inouye Robb hard-working people of our country. Bryan Johnson Rockefeller I yield the floor. f Byrd Kennedy Sarbanes Mr. DASCHLE. Mr. President, it is MARRIAGE TAX PENALTY RELIEF Cleland Kerrey Schumer important to be clear what this vote is Conrad Kohl Torricelli ACT OF 2000—Motion to Proceed Daschle Landrieu Voinovich about—and what it is not about. This CLOTURE MOTION Dodd Lautenberg Wellstone vote is not a test of who supports Dorgan Leahy Wyden The PRESIDING OFFICER. Under eliminating the marriage penalty. Vir- Durbin Levin the previous order, pursuant to rule tually every member of this Senate XXII, the Chair lays before the Senate NOT VOTING—5 agrees: Married couples who work hard the pending cloture motion, which the Kerry Mack Roth just to make ends meet should not clerk will state. Lincoln McCain have to pay more in taxes simply be- The bill clerk read as follows: cause they are married. The PRESIDING OFFICER. On this CLOTURE MOTION If the plan proposed by our Repub- vote, the yeas are 51, the nays are 44. We the undersigned Senators, in accord- Three-fifths of the Senators duly cho- lican colleagues only eliminated the ance with the provisions of rule XXII of the marriage penalty in a way that was Standing Rules of the Senate, do hereby sen and sworn not having voted in the fair and responsible, I would vote for it. move to bring to a close debate on Calendar affirmative, the motion is rejected. And so, I suspect, would every other No. 437, H.R. 6, the Marriage Tax Penalty Re- The Democratic leader. lief Act of 2000: Democrat in this Senate. Mr. DASCHLE. Mr. President, I re- But the Republican plan goes far be- Trent Lott, Kay Bailey Hutchison, Tim Hutchinson, Chuck Hagel, Larry E. gret that this vote had to have been yond fixing the marriage penalty. taken. I have made it clear from the Sixty percent of their $248 billion plan Craig, Phil Gramm, Jesse Helms, Strom Thurmond, Rod Grams, Sam very beginning that my hope is we can has nothing to do with fixing the mar- Brownback, Pat Roberts, Judd Gregg, find some way to compromise. We have riage penalty. That is what this vote is Wayne Allard, Richard Shelby, Gordon thought we have already compromised about. This vote is about the tens of Smith of Oregon, and Bill Frist. extensively. We have limited the num- billions of dollars of tax cuts hidden in The PRESIDING OFFICER. By unan- ber of amendments. We have limited this bill that have nothing to do with imous consent, the mandatory quorum the time on those amendments. We are eliminating the marriage penalty on call under the rule has been waived. now even prepared to allow second de- working families. The question is, Is it the sense of the grees so long as we get a vote. That is In addition to the $99 billion it costs Senate that debate on amendment No. the regular order. to address the marriage penalty, the 3090 to H.R. 6, an act to amend the In- We believe, as strongly as we want to Republican plan includes another $149 ternal Revenue Code of 1986 to reduce resolve the marriage tax penalty, that billion for tax breaks that have noth- the marriage penalty by providing for having the opportunity to offer a bet- ing to do with the marriage penalty. adjustments to the standard deduction, ter alternative is something that is so Most of these new tax breaks would go 15-percent rate bracket, and earned-in- fundamental to the rights of every to those who arguably need it least— come credit and to repeal the reduction Democratic Senator. This vote we took including couples at the top of the in- of the refundable tax credits, shall be had nothing to do with the marriage come ladder who already get a mar- brought to a close? The yeas and nays tax penalty. It had everything to do riage bonus! are required under the rule. The clerk with a Senator’s right to offer an We believe there is a better use for will call the roll. that additional $149 billion: creating an The legislative clerk called the roll. amendment that would improve a mar- affordable, voluntary Medicare pre- Mr. NICKLES. I announce that the riage tax penalty bill. I am hopeful we scription drug benefit. That is what Senator from Florida (Mr. MACK), the can have some resolution on this mat- this vote is about: Should we use the Senator from Arizona (Mr. MCCAIN), ter at some point in the not-too-dis- extra tens of billions of dollars in this and the Senator from Delaware (Mr. tant future. bill to create more tax breaks that dis- ROTH) are necessarily absent. I will tell our colleagues in the ma- proportionately benefit upper income Mr. REID. I announce that the Sen- jority that this vote will not change. Americans—people who, in many cases, ator from Massachusetts (Mr. KERRY) This vote will stay at 45 for whatever S2966 CONGRESSIONAL RECORD — SENATE April 27, 2000 length of time it takes. So there will would like to thank some people and ing to get an amendment that could not be any diminution or any erosion then move on to a colloquy with Sen- pass the Senate and that we have care- in the strength of feeling we have ator FEINSTEIN, if I might. fully taken their suggestions into ac- about our right to offer amendments. I Because of the way the Senate works, count, thus accounting for the many am hopeful with that realization we we have moved back and forth in Sen- different drafts as the 4-year progress can reach some compromise. ate business. But the pending business of this resolution has brought us to Mr. President, I yield 2 hours to the is the motion to proceed on S.J. Res. 3; this point. distinguished senior Senator from West that is, the crime victims’ constitu- The fact that we have taken their Virginia under the cloture to be used tional rights resolution sponsored by suggestions to heart and continually as he deems appropriate during the de- Senator FEINSTEIN and myself. polished this amendment we think is a bate on the marriage tax penalty. We gained cloture earlier this week strong point. While we were criticized The PRESIDING OFFICER. The lead- so we could proceed, and the motion to yesterday on the floor for engaging in er has that right. proceed will certainly be agreed to, if yet more negotiations that might re- Mr. DASCHLE. I thank the Presi- we carry the debate that far. Senator sult in a final, 64th draft, I must say dent. I yield the floor. FEINSTEIN and I, however, are of the that was largely at the instigation of f view that because of various things Senator FEINSTEIN, who said, given the that have occurred, it is unlikely that fact the Department of Justice has four PROPOSING AN AMENDMENT TO a cloture motion, if filed, would be sup- concerns still pending with regard to THE CONSTITUTION OF THE ported by the requisite number of Sen- our specific proposal, let’s meet with UNITED STATES TO PROTECT ators to succeed early next week. them and see if we can come to closure THE RIGHTS OF CRIME VIC- Therefore, what we are prepared to on those items. TIMS—Motion To Proceed—Re- do is speak to the issue of the resolu- Because of her leadership, we were sumed tion, where we are with respect to the able to come to closure on three of Mr. KYL. Mr. President, we are in resolution, to thank the many groups them. We believe we made more than a the process of attempting to work out and sponsors and other individuals who good faith effort with respect to the an arrangement of time for the debate have been so supportive of this effort, fourth, which had to do with the pro- on the pending motion. I ask for all and to seek permission of the Senate, tection of defendants’ rights. We were concerned if the Chair will describe the when people have finished their com- willing to acknowledge that the rights pending business of the Senate. ments, to withdraw the motion to pro- enumerated in this proposal take noth- The PRESIDING OFFICER. The ceed and to move to other business. ing whatsoever away from defendants’ question is on the motion to proceed to That merely means a timeout in our ef- rights. I do not know how more clearly S.J. Res. 3. forts to secure passage of this constitu- we can say it. That was not acceptable Mr. KYL. I thank the Chair. tional amendment. to the Department of Justice. We are in the process of determining We recognize at this point in time But it is not for want of trying, on just how much time speakers are going that proceeding will simply encourage the part of Senator FEINSTEIN, that we to need in order to conclude debate on more Senators to use a great deal of have been unable to secure the support the motion to proceed. Senator FEIN- the Senate’s time in unproductive of the Department of Justice for this STEIN and I both have some prelimi- speeches that really do not go to the amendment. So my first sincere thanks nary remarks we would like to make in heart of our constitutional amendment go to the person without whom we connection with that debate as the two but take time away from the Senate’s would not be at this point, my col- chief proponents of the resolution. We important business. We have no inten- league Senator FEINSTEIN. understand Senator LEAHY and Senator tion of doing that. I also thank Leader LOTT. When I BYRD wish to take some time, and Sen- So we will make some remarks that went to him with a request for floor ator BIDEN as well a little later on. will set the stage for what we are about time for this amendment, his first re- As soon as we can confirm the to do. But let me begin by noting the sponse was: You know all the business amount of time people will need, we tremendous amount of support around the Senate has to conduct. Are you will probably propound a unanimous the country that has accompanied our sure you want to go forward with this? consent request in that regard. effort to bring this measure to the I said we are absolutely certain. Mr. LEAHY. Will the Senator yield? floor of the Senate. I have to begin by Despite all the other pressing busi- Mr. KYL. I am happy to yield. thanking two people in particular, Sen- ness, he was willing because he, too, Mr. LEAHY. Mr. President, I am per- ator DIANNE FEINSTEIN and Majority believes strongly in this proposal, as a fectly willing, from this side, to work Leader TRENT LOTT. We could not have cosponsor, to give us the floor time to with the distinguished Senator from brought this amendment, over the try to get this through. It is partially Arizona and the distinguished Senator course of the last 4 years, to the bipar- out of concern for his responsibilities from California on time. I do not ex- tisan level of support it now enjoys as leader that we recognize that to pro- pect an enormous amount of time to be without the ability to work on both ceed would result in a vote that would consumed. It has not been announced, sides of the aisle. No one could have not be successful, and therefore, rather but there is a certain sense that there carried this matter on the Democratic than use that precious time, we are may not be any more rollcall votes this side more capably than Senator DIANNE prepared to visit privately with our week so a lot of people are probably FEINSTEIN. Before she came to the Sen- colleagues to further provide education going to be leaving. I will definitely try ate, she was a passionate advocate for to them about the necessity of this to accommodate them. victims of crime. As mayor of San amendment since, clearly, the method- The distinguished Senator from West Francisco, she was a proponent of area ology we have engaged in thus far was Virginia does have a statement he residents who were victims of crime not working. We would make strong ar- wishes to make. I have a statement I and carries that passion with her to guments, but I daresay it didn’t appear wish to make. I am simply trying to this debate now. that anyone was here on the floor lis- protect some others who may want to She and I have worked closely with tening because when various opponents speak, as I am sure the Senator is on victims’ rights advocates to shape the would come to the floor, they would re- his side. But I will continue to work legislation. I might say, while some of peat the same mantra over and over with the distinguished Senator to cut our colleagues have suggested there is again that we had already addressed. down this time any way we can. something wrong with the fact that we Part of that mantra was, Did you Mr. KYL. We will announce to all have conducted dozens of meetings know this amendment is longer than Members, if we can work that time ar- with the administration, Department the Bill of Rights? We would patiently rangement out, just exactly how this of Justice, and many others, and honed restate that is not true, that all of the will proceed. this amendment in 63 different drafts, rights of the defendants in the Con- In the meantime, let me see if I can we are very proud that we have in- stitution are embodied in language of set the stage so everyone will know cluded anyone who wanted to talk more words than this amendment that where we are in this debate. Then I about this in our circle of friends work- embodies the victims’ rights and so on. April 27, 2000 CONGRESSIONAL RECORD — SENATE S2967 Then that individual would leave the Pima County, have been very strong CRIME VICTIMS’ RIGHTS AMENDMENT floor, and another individual would supporters and helpful in our work. SUPPORTERS come to the floor and repeat the same Law enforcement has been very well PUBLIC OFFICIALS erroneous information, and we would represented by organizations and indi- 42 cosponsors in the U.S. Senate (29R; 13D). have to patiently respond to that. viduals. From the Law Enforcement Former Senator Bob Dole. Rather than continue that process, Alliance of America, Darlene Hutch- Representative Henry Hyde. we believe it is better that we visit Texas Governor George W. Bush. inson and Laura Griffith have been California Governor Gray Davis. with our colleagues when we are not helpful. Arizona Governor Jane Hull. using this time on the floor and explain Various attorneys general, such as Former U.S. Attorney General Ed Meese. all of this to them, with the hope they Delaware Attorney General Jane Former U.S. Attorney General Dick will then be better able to support us Brady, Wisconsin Attorney General Thornburgh. in the future. Jim Doyle, and Kansas Attorney Gen- Former U.S. Attorney General William So I thank Senator FEINSTEIN. We eral Carla Stovall. By the way, these Barr. The Republican Attorneys General Asso- have gone through a lot together on are Democrats and Republicans alike. this. There is nobody in this body for ciation. It is a totally bipartisan effort. As a Alabama Attorney General Bill Pryor. whom I have greater respect. matter of fact, the National Associa- Alaska Attorney General Bruce Botelho. Again, I thank Senator LOTT, the ma- tion of Attorneys General—we have a Arizona Attorney General Janet jority leader, for his support for us as very good letter signed by the vast ma- Napolitano. well. jority of attorneys general in support California Attorney General Bill Lockyer. The National Victims’ Constitutional of our crime victims’ constitutional Colorado Attorney General Ken Salazar. Amendment Network is one of the real- rights amendment. Connecticut Attorney General Richard Blumenthal. ly strong victims’ rights groups that We also have support from former has backed us throughout this process. Delaware Attorney General M. Jane Brady. U.S. Attorneys General: Ed Meese, Bill Florida Attorney General Bob Roberta Roper has been involved in Barr, and Dick Thornburgh are strong- Butterworth. that. She was in my office this morn- ly supportive of our proposal. Georgia Attorney General Thurbert E. ing. She was with us yesterday. She From a show with which Americans Baker. has been with us throughout the proc- are familiar, ‘‘America’s Most Want- Hawaii Attorney General Earl Anzai. ess, helping us evaluate these various Idaho Attorney General Alan Lance. ed,’’ John Walsh has been an early and Illinois Attorney General Jim Ryan. proposals and assisting us. strong supporter of our proposal. The National Organization for Vic- Indiana Attorney General Karen Freeman- From the Stephanie Roper Founda- tim Assistance, known by the acronym Wilson. tion—I mentioned Roberta Roper—but Kansas Attorney General Carla Stovall. NOVA, headed by Marlene Young and Steve Kelly of the Stephanie Roper Kentucky Attorney General Albert Ben- John Stein, and all the people on the Foundation has been very helpful. jamin Chandler III. NOVA board, we are enormously appre- Arizona Voice for Crime Victims; a Maine Attorney General Andrew Ketterer. ciative of their strong support and as- Maryland Attorney General J. Joseph sistance throughout this effort. They person who helped Senator FEINSTEIN Curran, Jr. in the early years, Neil Quinter, a su- are going to continue to fight for sure. Michigan Attorney General Jennifer perb former Senate staff member and Marsha Kight, whom Senator FEIN- Granholm. with whom I visited just this morning, Minnesota Attorney General Mike Hatch. STEIN and I have come to know and re- Mississippi Attorney General Mike Moore. spect because of her advocacy as some- continues his support for this. Matt Lamberti and David Hantman Montana Attorney General Joseph P. one whose daughter was killed in the Mazurek. of Senator FEINSTEIN’s office; Jason Oklahoma City bombing, brought the Nebraska Attorney General Don Stenberg. experience of that trial and the first- Alberts, Nick Dickinson, and Taylor New Jersey Attorney General John Farm- hand knowledge of how victims were Nguyen of my office; and, most impor- er. denied their rights even to attend the tant, Stephen Higgins of my staff and New Mexico Attorney General Patricia Ma- trial. She has been an important wit- Steve Twist, an attorney from Arizona, drid. whose support and competence in help- North Carolina Attorney General Michael ness for us before the Judiciary Com- F. Easley. mittee and at various other forums. ing us through this process was, frank- ly, simply indispensable. Ohio Attorney General Betty D. Mont- One of the groups in the country that gomery. is most strongly in support, and has Also, I will submit for the RECORD Oklahoma Attorney General W.A. Drew provided a lot of grassroots support, is two things. One is a list of crime vic- Edmondson. Mothers Against Drunk Driving, or tims’ rights amendment supporters. Oregon Attorney General Hardy Meyers. MADD. Also, Students Against Drunk This list includes, in addition to those Pennsylvania Attorney General Mike Fish- Driving, SADD, a group of younger I mentioned, more than half a page of er. law enforcement organizations. I men- Puerto Rico Attorney General Angel E. people, has been helpful. Tom Howarth, Rotger Sabat. Millie Webb, Katherine Prescott, and tion this because there has been some suggestion that law enforcement does South Carolina Attorney General Charlie others have been very helpful to us in Condon. that regard. not support us: South Dakota Attorney General Mark Parents of Murdered Children has The Federal Law Enforcement Offi- Barnett. been enormously helpful. Rita Gold- cers Association, Law Enforcement Al- Texas Attorney General John Cornyn. smith is from my State of Arizona, liance of America, American Probation Utah Attorney General Jan Graham. from Sedona. and Parole Association, American Cor- Virgin Islands Attorney General Iver A. We have had tremendous help from rectional Association, the National Stridiron. Criminal Justice Association, the Na- Virginia Attorney General Mark Earley. legal scholars such as Professor Lau- Washington Attorney General Christine O. rence Tribe, Professor Doug Beloof, and tional Organization of Black Law En- Gregoire. Professor Paul Cassell. I thank them forcement Executives, National Troop- West Virginia Attorney General Darrell V. for their enormous help in this effort, ers Coalition, Concerns of Police Sur- McGraw, Jr. including their testimony before the vivors, and on and on. Wisconsin Attorney General James Doyle. Judiciary Committee. This amendment is strongly sup- Wyoming Attorney General Gay There are many prosecutors. I need ported by prosecutors, law enforce- Woodhouse. Alaska State Legislature. to mention a couple from my own ment, legal scholars, attorneys gen- State. The two largest counties in Ari- eral, Governors, former U.S. Attorneys LAW ENFORCEMENT zona are Maricopa and Pima Counties. General, and many more. I ask unani- Federal Law Enforcement Officers Associa- Rick Romley, the Republican-elected mous consent to print this list of sup- tion. Law Enforcement Alliance of American attorney from Maricopa County, the porters in the RECORD. (LEAA). sixth largest county by population in There being no objection, the mate- American Probation and Parole Associa- the country, and Barbara LaWall, a rial was ordered to be printed in the tion (APPA). Democratic-elected attorney from RECORD, as follows: American Correctional Association (ACA). S2968 CONGRESSIONAL RECORD — SENATE April 27, 2000

National Criminal Justice Association Professor Bill Pizzi, University of Colorado RICHARD THORNBURGH. (NCJA). at Boulder. National Organization of Black Law En- Professor Jimmy Gurule, Notre Dame Law OFFICE OF THE forcement Executives. School. MARICOPA COUNTY ATTORNEY, Concerns of Police Survivors (COPS). Security on Campus, Inc. Maricopa County, AZ, April 14, 2000. National Troopers’ Coalition (NTC). International Association for Continuing Hon. JON KYL, Mothers Against Violence in America Education and Training (IACET). U.S. Senate, (MAVIA). Women in Packaging, Inc. Washington, DC. National Association of Crime Victim American Machine Tool Distributors’ As- DEAR SENATOR KYL: As the chief pros- Compensation Boards (NACVCB). sociation (AMTDA). ecutor for the sixth largest prosecutor’s of- National Center for Missing and Exploited Jewish Women International. fice in the nation, handling over 40,000 felony Children (NCMEC). Neighbors Who Care. and delinquency prosecutions each year, I International Union of Police Associations National Association of Negro Business & have first hand knowledge of the ramifica- AFL–CIO. Professional Women’s Clubs. tions of providing constitutional rights for Norm Early, former Denver District Attor- Citizens for Law and Order. victims. ney. National Self-Help Clearinghouse. I have been a strong proponent for victims’ Maricopa County Attorney Rick Romley. American Horticultural Therapy Associa- rights for many years, having served on the Pima County Attorney Barbara Lawall. tion (AHTA). Arizona Victim’s Bill of Rights Steering Shasta County District Attorney Valley Industry and Commerce Associa- Committee that was responsible for the pas- McGregor W. Scott. tion. sage of constitutional rights for victims in Steve Twist, former chief assistant Attor- 1990. I also participated in subsequent legis- ney General of Arizona. Mr. KYL. Mr. President, finally, I lative ad hoc committees charged with de- California Police Chiefs Association. ask unanimous consent to print in the veloping the enabling legislation. I strongly California Police Activities League RECORD a series of a dozen or so state- support S.J. Res. 3 and your efforts to see (CALPAL). ments and letters from supporters of constitutional rights for victims become a California Sheriffs’ Association. the amendment. Included in those, in- reality in the United States Constitution. Los Angeles County Sheriff Lee Baca. cidentally, is a strong statement of I recently read the Minority views in the San Diego County Sheriff William B. support for our specific amendment by Judiciary Committee’s Report on S.J. Res. 3. Kolender. The ‘‘worst case’’ examples that were raised San Diego Police Chief David Bajarano. Governor George Bush of the State of were for the most part extreme predictions Sacramento County Sheriff Lou Blanas. Texas. I ask unanimous consent to which we in Arizona have not experienced, Riverside County Sheriff Larry D. Smith. print these in the RECORD. notwithstanding our long history with vic- Chula Vista Police Chief Richard Emerson. There being no objection, the mate- tims’ rights. I would like to take this oppor- El Dorado County Sheriff Hal Barker. rial was ordered to be printed in the tunity to address several of the Minority re- Contra Costa County Sheriff Warren E. RECORD, as follows: port concerns. Rupf. Victims’ Rights Do Not Result in Substan- Placer County Sheriff Edward N. Bonner. STATEMENT BY GOVERNOR GEORGE W. BUSH— tial Costs To The System— Redding Police Chief Robert P. APRIL 7, 2000 Providng victims with constitutional Blankenship. I strongly support passage of the Victims’ rights has not resulted in substantial costs Yavapai County Sheriff’s Office. Rights Amendment. Two years ago, I joined to law enforcement, prosecutors, the courts, Bannock County Prosecutor’s Office. my colleagues on the National Governor’s corrections or probation departments. My of- Los Angeles County Police Chiefs’ Associa- Association in calling for a national Amend- fice provides victims’ rights services to over tion. ment, like the one we have in Texas and 30 30,000 victims each year and although the VICTIMS other states. For too long, courts and law- ‘‘exact cost’’ is difficult to determine, our es- Mothers Against Drunk Driving (MADD). yers have focused only on the rights of timates are that it costs my office approxi- National Victims’ Constitutional Amend- criminal defendants and not on the rights of mately $15.00 per victim. While we have experienced an increase in ment Network (NVCAN) innocent victims. We need to make sure that trials, the increase cannot be attributed to National Organization for Victim Assist- crime victims are not forgotten, that they our constitution amendment for victim ance (NOVA) are treated fairly and with respect in our rights. Any such increase has been in re- Parents of Murdered Children (POMC) criminal process. sponse to our mushrooming population and Mothers Against Violence in America the resulting increase in case filings. MARCH 14, 2000. (MAVIA). The Arizona Court of Appeals and the Ari- DEAR SENATORS KYL AND FEINSTEIN: Dur- Justice for Murder Victims. zona Supreme Court have not been besieged ing our years of service as Attorneys General Crime Victims United of California. with appeals based on victim rights argu- Justice for Homicide Victims. of the United States, we saw first hand how ments. We Are Homicide Survivors. the criminal justice system must command Victim Rights Do Not Restrict The Discre- Victims and Friends United. the respect of all our citizens if it is to be ef- tion Of The Prosecutor— Colorado Organization for Victim Assist- fective. That respect can only be eroded A victim’s right to be heard regarding a ance (COVA). when the system unfairly treats those it is plea agreement does not mean a crime vic- Racial Minorities for Victim Justice. supposed to serve. tim can veto a judge’s final decision. Judges, Rape Response and Crime Victim Center. For victims, the system is neither fair nor of course, consider the victim’s opinion when Stephanie Roper Foundation. just. Despite federal statutes and states con- determining whether or not to accept a plea Speak Out for Stephanie (SOS). stitutional amendments passed to ensure fair agreement, however that opinion is merely Pennsylvania Coalition Against Rape treatment of crime victims, in too many one factor among others which contribute to (PCAR). courtrooms across the country, crime vic- the deliberative process. In Arizona, the vic- Louisiana Foundation Against Sexual As- tims continue to be excluded and silenced; tim’s right to allocution has not caused our sault. they are neither informed of proceedings nor judicial officers to abrogate their responsi- KlaasKids Foundation. given a right to be present or heard. bility to render a decision free of bias. There Marc Klaas. We believe the only way to extend the fun- is no reason to believe that federal judicial Victims’ Assistance Legal Organization, damental fairness demanded of our system officers will act otherwise when weighing the Inc. (VALOR). for crime victims, is to secure their rights in appropriateness of accepting a negotiated Victims Remembered, Inc. our fundamental law, the U.S. Constitution. plea. Association of Traumatic Stress Special- That is why we are writing now to express I have implemented a policy in which pros- ists. our strong and unqualified support for the ecutors solicit the victim’s opinion regard- Doris Tate Crime Victims Bureau constitutional amendment you propose, the ing the final outcome of the prosecution and (DTCVB). Crime Victims’ Rights Amendment (S.J. Res. take the victim’s opinion into consideration Rape Response & Crime Victim Center. 3). This amendment, once ratified, will re- when neogitating a plea agreement. In this John Walsh, host of ‘‘America’s Most store to our justice system the basic fairness way, the prosecutor considers the victim’s Wanted’’. necessary to command the respect of all our wishes, including the harm caused by the Marsha Kight, Oklahoma City bombing people. The rights spelled out in the amend- crime, throughout the plea negotiation proc- victim. ment are simple, yet profound. They are ess and pretrial phase of prosecution. Consid- OTHER SUPPORTERS practical and attainable, and they will trans- eration of the victim’s views are again but Professor Paul Cassell, University of Utah form our justice system so that it will truly one factor considered by the prosecutor. Our School of Law. protect the rights of the law abiding as well experience has been that my deputies are not Professor Laurence Tribe, Harvard Univer- as the lawless. inappropriately influenced by emotion. To sity Law School. Sincerely, presuppose otherwise does a disservice to Professor Doug Beloof, Northwestern Law WILLIAM BARR. these dedicated public servants who have School (Lewis and Clark). EDWIN MEESE III. sworn to strive for equal justice. April 27, 2000 CONGRESSIONAL RECORD — SENATE S2969 Prosecutors are responsible for informing bars, and thus has been a factor in the de- tribute to her and all the others, I founded victims of the plea agreement and the rea- crease in crime that we have experienced in Families and Survivors United, which took a sons for the negotiated settlement. It has recent years. leading role in advocating for the victims been our experience that very few victims The scales of justice must be balanced, pro- and survivors before and during the trials object to a plea agreement when fully in- viding victims with equal access to the which followed. This is now I first came to formed of the reasons and benefits of the courts, information and a voice in the crimi- meet Beth Wilkinson. plea. However, in some instances, after con- nal justice system. Our system of justice is Having attended every day of the McVeigh sidering the plea and victim’s opinion, the dependent upon the voluntary participation trial, I came to regard Beth Wilkinson as the judge will reject the plea agreement holding of those who have been harmed by crime— most effective advocate on the prosecution that the interests of justice are not served without their participation, our country team. More than that, I and others trusted by the plea. When this happens, although would see an increase in lawlessness and vig- her to bring the victims’ perspective into the rare in our experience, the court has fulfilled ilantism. Balancing the scales of justice by courtroom, and she lived up to that trust. So its function as an arbiter not an advocate. providing for victim rights restores faith in I believe that her statement before the Judi- Victim Rights Do Not Under Cut The our system without detracting from the ciary Committee today is from the heart— Rights Of The Accused— rights of those accused. that she really believes that if our Victims Victims desire to see justice, first and fore- Sincerely, Rights Amendment were in place, it might most. their natural desire to gain justice, is RICHARD M. ROMLEY, have jeopardized a very basic right—the not something to fear. In our experience it Maricopa County Attorney. ‘‘right of just conviction of the guilty,’’ as has helped our office achieve that goal. she puts it. While victims have a right to be present NATIONAL ASSOCIATION OF But she is wrong. As she describes so well, throughout the course of trial in Arizona, it ATTORNEYS GENERAL, the prosecution team worked hard to earn has been our experience that defendants and/ Washington, DC, April 21, 2000. our trust, and for the great majority of the or the friends and family of the defendants Hon. JON KYL, 2,000-plus of us who were designated victims are much more likely than victims to be- U.S. Senate, under the law, we gave them our trust. But come disruptive during trial. In the rare Washington, DC. on the one tactical issue she says argues cases where a victim has been emotionally Hon. DIANNE FEINSTEIN, against the Amendment, the prosecution overwhelmed in court, he or she has either U.S. Senate, team chose not to trust us for the reasons voluntarily left the courtroom to calm down, Washington, DC. she describes, and in the process, that team or is requested to do so upon instruction by DEAR SENATORS KYL AND FEINSTEIN: We are broke both our trust and the law. the court. In every courtroom in our land, writing to express our strong and unequivo- She claims that, had the Amendment been the judge has the responsibility of maintain- cal support for your efforts to pass S.J. Res. in place, its right for victims to be heard be- ing order and ensuring that the jury is not 3, the proposed Crime Victims’ Rights fore a plea bargain is accepted might have influenced by factors other than those pre- Amendment, and send it on to the States for harmed the prosecution. Specifically the sented from the witness box. To assume that ratification. suggestion that might have persuaded the the presence of a victim in the courtroom As Attorneys General from diverse regions judge to not accept the guilty plea of Mi- will somehow so prejudice a jury that they and populations in our nation, we continue chael Fortier—and thus might have jeopard- would disregard the evidence and return a to see a common denominator in the treat- ized the eventual conviction of Timothy verdict of guilty predicated and influenced ment of crime victims throughout the coun- McVeigh and Terry Nichols. There are three by an individual sitting in the spectator sec- try. Despite the best intentions of our laws, things wrong with this conjecture. tion of the court, presupposes that juries will too often crime victims are still denied basic First, Michael Fortier’s testimony was not ignore the instructions of the court to be fair rights to fair treatment and due process that critical to either conviction, as several ju- and impartial and to base their decision ex- should be the birthright of every citizen who rors later made clear to me. clusively on the evidence. To adopt this posi- seeks justice through our courts. We are con- Second, had the Justice Department taken tion, one must conclude that juries will ig- vinced that statutory protections are not us into its trust on the usefulness of the nore the law. To do so, would be to conclude enough; only a federal constitutional amend- Fortier plea, the great majority of us would that our jury system is incapable of justice. ment will be sufficient to change the culture have reciprocated that trust and encouraged Defendants have a constitutional right to a of our legal system. the judge to accept the plea. I think from ev- speedy trial. Oftentimes defendants waive The rights you propose in S.J. Res. 3 are erything else Beth Wilkinson describes about this right for strategy advantage—hoping for moderate, fair, and yet profound. They will the trust-building between the prosecution memories to fade, critical witnesses to relo- extend to crime victims a meaningful oppor- and the victims confirms this belief. We were cate, or victims to die. Victims have as much tunity to participate in each critical stage of not blind sheep, willing to accept everything an interest in the timely disposition of the their cases. At the same time, they will not the prosecutors said was so—we were, most criminal case as do the defendants and need infringe on the fundamental rights of those of the time, informed citizens who were per- to have equal consideration when a judge accused or convicted of offenses. Neither will suaded by the prosectuors’ reasoning. Beth considers whether or not to delay the dis- these rights interfere with the proper func- Wilkinson as much as admits this when she position of a case. tioning of law enforcement. Attorney Gen- notes that the victims overwhelmingly asked Federal Constitutional Rights Do Not In- eral Reno spoke for many of us in law en- for a provable and sustainable case against fringe On State’s Rights— forcement when she noted, the guilty. While those victimized by crime in Arizona ‘‘[T]he President and I have concluded that And third, the prosecution team’s mistrust are afforded victim rights in state court, a victims’ rights amendment would benefit of us over the Fortier plea agreement was so that same victim would not be afforded con- not only crime victims but also law enforce- great that it chose not to notify us over the stitutional rights if that offense occurred on ment. To operate effectively, the criminal hearing in which the plea was offered, and it federal land, or if an Arizona resident were justice system relies on victims to report chose not to confer with any of us before- victimized in a state that does not have con- crimes committed against them, to cooper- hand about the plea—both of which were in stitutional rights. These rights are too im- ate with the law enforcement authorities in- violation of existing federal law. portant to be left to a patchwork of rights vestigating those crimes, and to provide evi- So when Beth Wilkinson says that statu- from state to state. Consistency in the appli- dence at trial. Victims will be that much tory reform will meet our just demands, we cation of our laws are paramount if our citi- more willing to participate in this process if must ask, what happened to the statutes al- zens are to realize the benefit of a judicial they perceive that we are striving to treat ready on the books? system that is balanced between the accused them with respect and to recognize their I am increasingly persuaded that the most and the interest of society at large. Incon- central place in any prosecution.’’ formidable enemy of crime victims’ aspira- sistency breeds contempt and cynicism. Some have argued that federal constitu- tions for getting justice under our Constitu- Adoption of a federal constitutional amend- tional rights for victims will infringe on im- tion are criminal justice officials—even well- ment will recognize that there is but one law portant principles of federalism. We dis- meaning ones like Beth Wilkinson—who be- for all. agree. Each of our state criminal justice sys- lieve that only government lawyers know My office has nearly a decade of experience tems accommodates federal rights for de- best. Her testimony is in fact Exhibit A in championing in assisting victims in exer- fendants. To provide a similar floor of rights the case for the Amendment because it is the cising their state constitutional rights. It for victims is a matter of basic fairness. voice of a superior government extending would be disingenuous if I were to say that Please share this letter with your col- handouts as an act of grace, not protecting there had been no costs, yet the benefit to leagues so that they may know of our strong legitimate rights of a free people. She says the victim, to the citizens of Arizona and our support for S.J. Res. 3. that the ‘‘concerns’’ of the victims must be system of justice far outweighs those costs. (Signed by 30 attorneys general.) balanced with the ‘‘need for a just trial,’’ as Our state constitutional amendment has though these important values were some- increased cooperation of victims with police STATEMENT OF MARSHA A. KIGHT, DIRECTOR, how in conflict, and that only the govern- and prosecutors. Victims feel more of a part FAMILIES AND SURVIVORS UNITED, OKLA- ment knows how to achieve this goal. of the criminal justice process. I believe that HOMA CITY, OK., MARCH 24, 1999 I cannot tell you how these words hurt me; this has enhanced the ability of law My daughter, Frankie Merrell, was mur- they confirm my worst fears about the treat- enforcemenet to put criminals behind the dered in the Oklahoma City bombing, and in ment of victims in our justice system and S2970 CONGRESSIONAL RECORD — SENATE April 27, 2000 how nothing will change without constitu- enshrined in the United States Constitution. A statutory approach would also vitiate tional rights. Only then will victim’s rights be meaningful the potential specter of significant federal It is painfully obvious to me that she and enforceable. court involvement in the operations of the thinks of us as mere meddlers who must be Mr. KYL. Mr. President, I am going state criminal justice systems under a vic- kept out of this important government busi- to make some concluding remarks tims’ rights constitutional amendment. Fi- ness for fear that we might break something. about why we believe so strongly in nally, a statutory approach is more certain Beth Wilkinson may believe that she ‘‘grew and immediate, an advantage to victims. to understand my grief first hand,’’ but this amendment, how we intend to pur- Conversely, an amendment potentially clearly she does not. For me and so many of sue the amendment, and why sup- would not be effective for many years, await- our families our grief was profoundly ex- porters of this amendment should take ing the ponderous and uncertain ratification tended when our government minimized and heart about how far we have come in process required under Article V. discounted our interests by refusing to con- this process and not at all be dispirited While S.J. Res. 3 appears to have less po- sult with us about this important develop- by the fact that there will not be a tential adverse impact on the federal judici- ment early in the case. final vote on the amendment at this ary than some previous amendment pro- For example, consider the point Beth posals, there remain a number of funda- Wilkinson makes about grand jury secrecy. time. I will make those comments mental concerns: She says, ‘‘Due to the secrecy rules of the after Senator FEINSTEIN has had an op- grand jury, we could not explain to the vic- portunity to make some comments CLASSES OF CRIMES AND VICTIMS TO WHICH THE tims why Fortier’s plea and cooperation was that I know she strongly wishes to AMENDMENT WILL APPLY important to the prosecution of Timothy make. Under S.J. Res. 3, the proposed amendment McVeigh and Terry Nichols.’’ Under existing Mr. SCHUMER. Mr. President, will will apply to any person who is a ‘‘victim of federal law, however, courts are authorized the Senator yield? a crime of violence, as these terms may be to enter appropriate orders allowing for the Mr. KYL. Yes. defined by law.’’ It is not clear from the pro- disclosure of grand jury information in ad- Mr. SCHUMER. Mr. President, I posed amendment whether these terms are vance of a court proceeding. It apparently did not even occur to her then, nor does it asked the Senator to yield for two to be defined by Congress, the states or today, to have sought such a court order for quick requests. I forgot to do this yes- through case law. The term ‘‘crime of vio- disclosure. Nor is clear that such an order terday. I mentioned a letter from the lence,’’ which is commonly utilized in legal would even have been necessary, as surely Judicial Conference on this amend- parlance, has many meanings under state and federal law. Thus, it is unclear as to there would have been ways to explain the ment. I ask unanimous consent to circumstances to the victims without going which specific crimes this provision would print this letter in the RECORD. actually apply. This problem is magnified by confidential grand jury matters. There being no objection, the mate- Perhaps most disturbing of all to me is the fact that this provision applies to mis- Beth Wilkinson’s assertion that the Victims rial was ordered to be printed in the demeanor cases, the number of which is par- Rights Clarification Act of 1997 ‘‘worked—no RECORD, as follows: ticularly large in the state courts. Failure to victims were precluded from testifying.’’ In COMMITTEE ON CRIMINAL LAW OF provide a clear and practical definition of fact, I was precluded from testifying in the THE JUDICIAL CONFERENCE OF THE this term may well result in protracted and sentencing phase of the trial. As she is well UNITED STATES, unnecessary litigation that will likely take aware, I very much wanted to be a penalty Greenville, SC, April 17, 2000. years and great expense to resolve. phase witness. But because of my philo- Hon. CHARLES E. SCHUMER, Closely associated with this issue is the sophical beliefs in opposition to capital pun- U.S. Senate, Hart Senate Office Building, question of what classes of persons will qual- ishment, I was not allowed by the govern- Washington, DC. ify as a ‘‘victim.’’ We note that the proposed ment prosecutors to testify. Clearly the stat- Re: S.J. Res. 3, the Victims’ Rights Amendment amendment includes no definition of victim. ute did not work for me. DEAR SENATOR SCHUMER: Thank you for This leaves many fundamental questions un- In addition, a number of victims lost their your letter requesting the views of the Judi- answered, including: right to attend the trial of Timothy McVeigh cial Conference of the United States regard- Must a person suffer direct physical harm because of legal uncertainties about the sta- ing S.J. Res. 3, the Victims’ Rights Amend- to qualify as a victim? tus of victims’ rights. As I testified before ment to the Constitution. On behalf of the the Senate Judiciary Committee in 1997, Judicial Conference, I appreciate the oppor- Is it sufficient if the person has suffered Judge Matsch rejected a motion made by a tunity to have its viewpoint considered as pecuniary loss alone? number of us to issue a final ruling uphold- the Senate takes up this important legisla- What if the person is alleging solely emo- ing the new law as McVeigh’s trial began. tion. tional harm? Is that enough to qualify him His reluctance led the prosecution team (in- In March of 1997, the Judicial Conference or her as a victim? cluding Beth Wilkinson) to tell us that, if we resolved to take no position at that time on Are family members of a person injured by wanted to give an impact statement at the the enactment of a victims’ rights constitu- a crime also victims? penalty phase, we should seriously consider tional amendment. However, if the Congress Suppose that a defendant is accused of not attending the trial. Some of the victims decides to affirmatively act in this area, the committing a series of ten violent armed on the prosecution’s penalty phase list fol- Judicial Conference strongly prefers a statu- robberies. Due to evidence strength and effi- lowed this pointed suggestion and forfeited tory approach as opposed to a constitutional ciency considerations, the prosecutor sends their supposedly protected right to attend amendment. only six of those cases to the grand jury. Are McVeigh’s trial. Our lawyers also sought fur- A statutory approach would allow all par- the other four injured persons victims under ther clarification from the judge (unsuccess- ticipants in the federal criminal justice sys- the proposed amendment? fully), but had to do so without further help tem to gain experience with the principles from the prosecution team. The prosecutors involved without taking the unusual step of Suppose an agreement is reached whereby were apparently concerned about pressing amending our nation’s fundamental legal the defendant agrees to plead guilty to just this point further because the judge might charter, with its concomitant application to one of the cases. Are the other nine injured become irritated. the various state systems. Many of the prin- persons victims under these circumstances? Beth Wilkinson urges the Congress to ciples contemplated in S.J. Res. 3 represent Will the answer affect a prosecutor’s ability ‘‘consider statutory alternatives to protect a significant change in our criminal justice to obtain plea agreements from defendants? the rights of victims.’’ While she says that system, literally realigning the interests of Extending the definition of victim to those she opposes the Victim’s Rights Amendment defendants and victims, as well as the proc- who claim emotional harm from criminal of- in its ‘‘current form,’’ the context of this ess by which criminal cases are adjudicated. fenses dramatically exacerbates the poten- statement makes it clear that she opposes The rights and protections heretofore af- tial impact of this proposal. The number of any constitutional rights for crime victims. forded to citizens under the Constitution persons who could claim to be emotionally She concludes with the following prescrip- were largely part of the fabric of the law harmed by significant, well-publicized tion: ‘‘We must educate prosecutors, law en- well-known and understood by the Founding crimes could be quite large. Moreover, sub- forcement and judges about the impact of Fathers, while many of the concepts in the stantial litigation could result from the re- crimes so that they better understand the victims’ rights area are largely untested, at quirement of restitution, especially in cases importance of addressing victims’ rights least in the federal system. It could take involving non-economic injury. Finally, from the outset.’’ But the truth is that there years for a settled body of law and judicial cases involving large numbers of victims, will be no real rights to address, as my expe- administration to evolve. A statutory ap- particularly victims of terrorist acts, are rience makes clear, unless those rights are proach would accommodate this process. particularly troubling. Providing the rights April 27, 2000 CONGRESSIONAL RECORD — SENATE S2971 enumerated in the proposed amendment to tered. This could impair the fundamental in- provide such notice to large numbers of vic- large numbers of victims could overwhelm tegrity of the trial. tims or to provide the specialized types of the criminal justice system’s ability to per- Congress should consider modifying the victim assistance that is available from the form its primary function of adjudicating proposed amendment to allow a judge, while first line of contact that victims have with guilt or innocence and punishing the guilty. recognizing the rights of the victims to the the criminal justice system. The situation is ENFORCEMENT extent practicable, to provide for exceptions likely no better—and possibly worse—in the in individual cases when required for the or- The proposed amendment states that noth- state courts. derly administration of justice. Congress Once again, I thank you for the oppor- ing ‘‘in this article shall provide grounds to may also wish to consider modifying the pro- tunity to express the views of the Judicial stay or continue any trial, reopen any pro- posed amendment to additionally allow Con- Conference on this important issue. If you ceeding or invalidate any ruling.’’ Unlike gress to statutorily enact exceptions in ‘‘aid have any questions regarding the matters some previously introduced victims’ rights of the administration of justice.’’ At the discussed herein, please do not hesitate to constitutional amendment proposals, S.J. very least, Congress should provide an excep- contact me. I may be reached at 864/233–7081. Res. 3 does not stipulate that a victim has no tion permitting the sequestration from trial If you prefer, your staff may contact Dan grounds to challenge a charging decision. proceedings of a victim who will appear as a Cunningham, Legislative Counsel at the Ad- This addition would be a significant and witness at the guilt phase of the trial. This ministrative Office of the U.S. Courts. He valid limitation. Allowing victims to chal- could be accomplished through a general may be reached at 202/502–1700. lenge a prosecutor’s charging decision could provision in the proposed amendment stating Sincerely yours, result in significant operational problems. that the victim’s rights should not ‘‘inter- WILLIAM W. WILKINS, Jr. We suggest that Congress also consider fere with the constitutional rights, including modifying the proposed amendment to pro- Mr. SCHUMER. Mr. President, sec- due process rights, of the person accused of hibit a victim from challenging a ‘‘nego- ond, I thank both Senator KYL and committing the crime.’’ It could also be ac- tiated plea.’’ Permitting the challenge of a Senator FEINSTEIN for the passion, the complished through a more narrow provi- proposed plea interferes with the prosecu- sion, similar to that in the Wisconsin Con- erudition, the conviction, and for the tor’s ability to obtain convictions of defend- stitution, by the addition of a phrase allow- cause. It is, obviously, wise to delay ants whose successful prosecution may rest ing sequestration when ‘‘necessary to a fair this. I know we may be back for an- on the cooperation of another defendant. trial for the defendant.’’ Another approach, other day. Maybe we can all come to- Guilty pleas are sometimes also negotiated similar to that taken under the Constitution because the prosecution witnesses are, for gether. I plead with them to consider a of Florida, would add a phrase allowing se- various reasons, not as strong as they appear proposal of making this a Kyl-Fein- questration ‘‘to protect overriding interests to be on paper. Also, the sheer volume of stein statute, as opposed to a Kyl-Fein- that may be prejudiced by the presence of cases would generally overwhelm any pros- stein constitutional amendment, where the victim.’’ ecutor’s office and the courts unless the vast I think it might get close to unani- SPEEDY TRIAL CONSIDERATIONS majority were settled. Permitting challenge mous support on the floor. to a prosecutor’s judgment regarding an ac- The proposed amendment includes a vic- I thought the debate we were having tim’s right to ‘‘consideration of the interest cepted plea could lead inadvertently to a and may well continue to have, at least failure to secure a conviction. The signifi- of the victim that any trial be free from un- cance of this issue should not be underesti- reasonable delay.’’ Determining the meaning to my young years in the Senate, was mated. of this phrase and how it interacts with ex- one of the best times of the Senate, isting speedy trial provisions should be a fer- FEDERALISM where we each talked about the issue tile source of diversionary litigation. with our concerns, our intelligence, The matter of victim enforcement raises In federal court, the sixth amendment significant federalism concerns. While the and our passions. We tried to meet the right to a speedy trial and the Speedy Trial issue head on. I thank both the Senator proposed amendment includes provisions Act, see 18 U.S.C. §§ 3161–3173, not only guar- that bar monetary damages as a remedy, it antee the defendant’s right to a speedy trial, from Arizona and the Senator from appears that victims may be able to seek in- but also recognize the public’s, and therefore California for their good work on this junctive relief against state officials for viola- the victim’s, interest in swift justice. How- and hope we can come together on tion of their new constitutional rights. Such ever, the Speedy Trial Act also recognizes some sort of compromise on an issue claims, almost inevitably filed in federal several legitimate bases to postpone trial, about which we all care so much. courts, could cause significant federal court including plea negotiations. See 18 U.S.C. Mr. KYL. Mr. President, I reiterate supervision of state criminal justice systems § 3161. This mechanism is an integral part of for the purpose of enforcing the amendment. what I said yesterday, and that is, the the criminal justice system, balancing the best part of the debate we had was the These conflicts between federal courts and desirability of a speedy trial with the real- debate with Senator SCHUMER whose state governments would be avoided by a istic requirements of a fair proceeding. statutory approach to victims’ rights. How is this right to consideration of the approach to this was serious and intel- ADMINISTRATION OF JUSTICE EXCEPTION interest of the victim that any trial be free ligent. He asked the best questions. I S.J. Res. 3 permits Congress to create ex- from unreasonable delay to be enforced? Will believe we answered them, but we did ceptions to the proposed amendment ‘‘when the victim have a right to seek relief from not come to agreement. Of course, we necessary to achieve a compelling interest.’’ unreasonable delay? A motion to move the will be working with him in the future While this is a very valid and useful provi- case faster would require a collateral hear- on this matter and, hopefully, persuade sion, Congress should carefully consider the ing to determine the extent of the delay and him that a constitutional amendment whether it is unreasonable. The victim would need for a further exception based on adverse is the best way to go. The debate we impact on the administration of justice. In- then be in an adversarial position to the had among Senator FEINSTEIN, Senator evitably, courts will handle cases where the prosecutor and perhaps to the presiding rights of victims collide with the functional judge. Would another judge be required to SCHUMER, and myself I thought was the administration of justice. Such cases might make the determination? Would a federal highlight of this debate. I appreciate fall into two general categories. The first judge be asked to pass judgment on the effi- his remarks. category relates to the very real ciency of a state court? I yield to Senator FEINSTEIN for com- practicalities of the administration of jus- With ever increasing criminal dockets and ments I know she wants to make. tice. One example would be an action involv- limited prosecutorial and judicial resources, Mrs. FEINSTEIN. Mr. President, I ing exceptionally large numbers of possible victims in several cases on the same docket, thank the distinguished Senator from victims wishing to attend the proceedings insisting upon speedier proceedings, could potentially cause severe internal conflicts Arizona. I also thank the Senator from and overwhelming any available courtroom New York, and I thank you, Mr. Presi- or other suitable location. A similar problem within units of the same court. would be encountered if large numbers of NOTICE dent, for allowing me to proceed. victims wished to exercise their rights to al- It is important that the responsibility for I begin by thanking the Senator from locution at sentencing, unduly prolonging providing notice of proceedings and of the re- Arizona. Mr. President, I say to JON the proceedings and pushing back other lease or escape of a defendant be appro- KYL, working with him on this amend- cases that need to be heard. The second cat- priately allocated to the prosecution, law en- ment has truly been one of the high- egory of cases are those in which the rights forcement agencies, or corrections agencies lights of my 7 years in the Senate. He of victims, exercised under certain cir- as is the law and practice in virtually all the has worked with credibility and with cumstances, may have a substantive effect states providing for victims’ rights. Many of integrity. He has been fulsome in his upon the rights of defendants or others, im- the rights under the proposed amendment sharing of detail. We have gone shoul- pairing due process or the right to a fair must attach long before a defendant is for- trial. An example of such a case would be if mally charged in court. The judiciary would der to shoulder through virtually every a victim wished to both attend the trial and not have access to much of the information rung of this, through 4 years of discus- testify at the guilt phase, even though the necessary to provide the required notice. It sions, of conferences, of hearings, of 800 trial judge had ordered all witnesses seques- has neither the personnel nor resources to pages of testimony, some 35 witnesses. S2972 CONGRESSIONAL RECORD — SENATE April 27, 2000 I agree with everything he said about What is unbelievable to me is that we about the Constitution and how and the inclusive nature of the process. have also been criticized for the hard when we should amend it. He was also I must tell Senator KYL how much I work we have put into this amendment the inspiration for our Bill of Rights, a admire him. We worked together on over the past 4 years. document actually drafted by James the Technology and Terrorism Sub- Senators have come to the floor and Madison. committee of the Judiciary Com- told us that the fact that we put our In 1816, 25 years after the Bill of mittee. I saw it there. I have never amendment through so many drafts seen it with another Senator as pro- and consulted so many interested par- Rights became the law of the land, nounced as it was in these past 4 years ties shows that our amendment does Thomas Jefferson wrote to Samuel in the work on this issue. I believe a not deserve to be in the Constitution of Kercheval, stating his views on amend- friendship has developed in the process, the United States. Yet, in fact, draft- ing the Constitution. I think it is im- one which means a great deal to me. ing an amendment to the Constitution portant that the RECORD reflect these His leadership has been superb, and of the United States requires an un- views. He said: there is certainly nothing either one of canny kind of precision. Because this I am certainly not an advocate for frequent us has done for the misunderstanding isn’t 1791 when the Bill of Rights was and untried changes in laws and constitu- out there still about what we are try- written, or 1789 when the Constitution tions. I think moderate imperfections had ing to do and the importance of it. We was adopted, there has been a whole better be borne with; because, when once will come back another day; there is no panoply of case law and interpretations known, we accommodate ourselves to them question in my mind about that. I can- that have come throughout the ages and find practical means of correcting their not thank him enough. From the bot- that makes the drafting of a constitu- ill effects. But I know also that laws and in- tom of my heart, I thank Senator KYL tional amendment such as this one stitutions must go hand in hand with the for his credibility, his intelligence, his very difficult. However, I believe we progress of the human mind. As that be- comes more developed, more enlightened, as integrity. He did his party proud. I am have developed a document that will, new discoveries are made, new truths dis- very happy to be a colleague of his and in fact, stand the test of time. closed and manners and opinions change a friend as well. What we have tried to do, in essence, with the change of circumstances, institu- Before I get into my remarks, I also is very simple. I would like to show a tions must advance also and keep pace with echo the thanks Senator KYL provided chart, once again. We have tried to the times. to a whole host of victims, literally take the Constitution, which provides tens of thousands of them, to 37 State 15 specific rights to the accused, and no Similarly, 13 years earlier, he said in attorneys general, to many Governors, rights to victims of violent crimes— a letter to Wilson Nicholas: to all those across both party lines who with a scale of justice which we believe Let us go on perfecting the Constitution by support this and understand it. I par- is weighted in a certain way to exempt adding by way of amendment, those forms ticularly thank three legal scholars victims from the administration of which time and trial show are still wanting. who were with us every step of the criminal justice—and give victims way. some status and standing in the admin- I believe very deeply that time and I thank Larry Tribe, a professor of istration of criminal justice, so that trial show that our amendment is still constitutional law at Harvard Univer- the scale of justice would not be so wanting and should be adopted. sity, for his testimony, for the phone badly tilted but would look something I ask unanimous consent to have calls, for the advice he has provided like this other chart where the accused printed in the RECORD, in recognition and for the statements he has made. would have certain basic rights, and of the widespread support we have re- I also thank one of the primary legal victims would have certain basic, al- ceived, letters from virtually every law scholars in this country who has been a though limited, rights: The right to no- enforcement agency and every crime victims’ rights representative, legal tice when a trial takes place; the right victims group. counsel—just a wonderful human being not to be excluded from a public pro- I have also gotten to know—and that is ceeding; the right to be heard at that There being no objection, the mate- Professor Paul Cassell, professor of law proceeding, if present; the right to sub- rial was ordered to be printed in the at the University of Utah. mit a statement in writing; the right RECORD, as follows: I would be remiss if I did not thank to notice of the release or the escape of COUNTY OF SHASTA, Steve Twist on behalf of both Senator an attacker; the right to consideration OFFICE OF THE DISTRICT ATTORNEY, KYL and myself. There are few people for the assurance of a speedy trial; the Redding, CA, April 17, 2000. who have been as ardent in the cause right to an order of restitution; and the Re: Crime Victims’ Rights Constitutional Amendment as Steve Twist has been, with his right to consideration of their safety in knowledge, with his expertise, with his determining any conditional release of Hon. DIANNE FEINSTEIN, U.S. Senate, Senate HWA Office, representation of victims throughout an attacker—simple, basic rights of Washington, DC. this entire process. status and standing. I know that none of the three above- We have heard much about the fact DEAR SENATOR FEINSTEIN: I write to offer mentioned individuals is going to go that this should not be in the Constitu- my wholehearted support for your efforts in sponsoring the Crime Victims’ Rights Con- away. We have them as part of this tion. There has been much talk on the stitutional Amendment. Your proposed enormous victims coalition. We will floor about James Madison and other amendment would fill a gaping hole in the come back, and we will fight again an- framers. Senators have suggested that rights guaranteed to citizens in our Con- other day. our forefathers would not support the stitution by providing basic, essential rights But today, Mr. President, I rise with amendment. to victims of crime in our nation. As a pros- a sad heart because we must postpone I tried to point out why our fore- ecuting attorney, I have all too often seen our battle for a crime victims’ rights fathers did not have reason to consider the rights of perpetrators of horrendous constitutional amendment. the amendment because when both the crimes protected at all costs while the basic This is a fight that actually began 18 Constitution and the Bill of Rights human rights of victims and families of vic- years ago when the President’s Task were written, victims had a role in the tims of those crimes are ignored and forgot- Force on Victims of Crime rec- process. Up until 1850, victims had a ten. It will be great day when our Constitu- ommended an amendment to the Con- role in the process. But it was with the tion and criminal justice system work as hard to protect the rights of victims as they stitution of the United States which development of the public prosecutors, do the rights of criminals. I commend you on would address victims’ rights. This when victims were no longer in the your efforts to make that day a reality. Do isn’t a new idea. It has been around. courtroom, that they became sum- not hesitate to call upon me if there is any- There is a track record to show why it marily excluded from the process. thing I can do to support you with this work. I point out that if we look back in is necessary. Thank you for your attention to this mat- As I said, Senator KYL and I intro- history, I find my views very commen- ter. duced that amendment 4 years ago. We surate with those of Thomas Jefferson. Sincerely, have worked long and hard. I think He was not among those who wrote the MCGREGOR W. SCOTT, enough has been said about that. Constitution, but he thought deeply District Attorney. April 27, 2000 CONGRESSIONAL RECORD — SENATE S2973

STATE OF NEVADA Amendment. As I am currently spending the Paradoxically, criminals’ rights are inher- EXECUTIVE CHAMBER, majority of my days in court attending the ently included in America’s most supreme Carson City, NV, May 24, 1996. trial of my daughter’s killer, I know too well document while crime victims, historically, Hon. DIANNE FEINSTEIN, the inequities facing the families of victims. have not had a place and/or a voice within U.S. Senate, Senate Hart Office Building, For that reason I wish to offer my whole the criminal justice system. In fact, to add Washington, DC. hearted endorsement and approval of your insult to injury, the majority of victims are attempt to guarantee rights for the victims DEAR SENATOR FEINSTEIN: I am writing to violated and betrayed a second time by the and families of victims of violent crime. If lend my support to your efforts to protect system. S.J. Res. 3 will secure basic rights victims’ rights. As one of the original nine there is anything that I can do to promote your efforts, please feel free to call on me at for countless victims of crime throughout members of President Reagan’s Task Force our nation as they struggle to survive their on Victims of Crime, I have long supported a any time. victimization. Constitutional Amendment to protect the Sincerely, rights of victims of crime. MARC KLAAS. Under this legislation, victims would have As the vice-Chairman, and soon to be a right to receive notice of public pro- Chairman, of the National Governor’s Asso- VICTIMS & FRIENDS UNITED, ceedings related to the crime perpetrated ciation, I would like to assist you by raising Sacramento, CA, April 21, 2000. against them, notice of the offender’s escape this issue with our nation’s governors. Hon. DIANNE FEINSTEIN, or release from custody, as well as notifica- In Nevada, we’ve made great strides in pro- U.S. Senate, Washington, DC. tion of parole hearings and a voice at these tecting victims’ rights through legislative Re: Support of Crime Victims’ Rights hearings. As the President’s Task Force on measure ranging from guarding consumers Amendment Victims reported in 1982, ‘‘The criminal jus- against auto repair fraud to expanding our Victims and Friends United (VFU), a Cali- fornia grassroots organization is the rep- tice system is absolutely dependent upon the domestic violence laws to cover people in cooperation of crime victims to report and to dating or live-in relationships. Despite these resentative of nearly 20,000 members which consists of crime victims, their families, and testify. Without their help, the system can- efforts, more changes need to be made to en- not hold criminals accountable and stem the sure that victims are treated fairly. The other concerned citizens. We have been at tide of future crime.’’ criminal justice system should not overlook the forefront of the fight for the rights of the interest of victims in light of protecting crime victims for nearly 20 years. We ensure LEAA feels it is imperative to pass legisla- the rights of the criminals. I firmly believe that existing victims’ rights laws are zeal- tion to protect the country’s violent crime that a speedy trial and information about ously enforced, and encourage the drafting of victims. The high number of victims in this the proceedings of the trial are minimal new legislation to further protect the rights country (including the tens of thousands of rights that the constitution should grant to of crime victims and improve public safety. officers assaulted each year and dozens mur- As President and Board member of VFU, I all victims. am writing to ask you and your co-sponsored dered) indicates that we cannot afford to Please let me know what other ways I can Senators to urge the full Senate to pass the overlook this proposed amendment. Another help you with this cause. Crime Victims’ Rights Amendment to the reason to endorse this amendment is that in Sincerely, U.S. Constitution. In supporting this amend- the 18 years we’ve discussed this provision, BOB MILLER, ment, the Senate has an historic opportunity 32.4 million Americans have been victims of Governor. to take a stand for the millions of Americans violent crime. And they simply deserve bet- who are victimized each year in this coun- ter treatment in the criminal justice system. JUSTICE FOR MURDER VICTIMS, try. San Francisco, CA, April 19, 2000. Once again, we urge you to take an active For decades we have seen court decisions role in passing this very important legisla- Hon. DIANNE FEINSTEIN, expanding the ‘‘rights’’ of criminals. Finally, tion. If there is any information LEAA can U.S. Senate, Washington, DC. it is encouraging to see legislators beginning provide on S.J. Res. 3, please don’t hesitate Regarding: Support of S.J. Res. 3, the Vic- to place equal emphasis on the rights of tims Rights Constitutional Amendment crime victims. The rights to be present, to call me or LEAA’s Crime Victims Advo- DEAR SENATOR FEINSTEIN: On behalf of Jus- heard and informed throughout the criminal cate Darlene Hutchinson at (703) 847–2677. tice for Murder Victims, I would like to in- justice process are basic tenets guaranteed Sincerely, form you of our strong support of S.J. Res. 3, by our U.S. Constitution to those accused or JAMES J. FOTIS, the ‘‘Victims Rights Constitutional Amend- convicted of crimes in our nation, yet the Executive Director. ment’’ rights of their innocent victims are not ar- Criminals’ rights are inherently included ticulated in our U.S. Constitution. The WEAVE, in America’s criminal justice system, while Crime Victims’ Rights Constitutional Sacramento, CA, April 21, 2000. crime victims, historically, have not had a Amendment is necessary to ensure that vic- Senator DIANNE FEINSTEIN, place and/or voice within the criminal jus- tims’ rights are respected and enforced in Senate Hart Office Building, tice system. In fact, to add insults to injury, our criminal justice process. Washington, DC. the majority of victims are violated and be- Thank you for all that you do for Califor- trayed a second time by the system. S.J. nians, keep up the good work, and realize DEAR SENATOR FEINSTEIN: On behalf of Res, 3 will secure basic rights for countless that you have our full support. If we can be Women Escaping a Violent Environment, victims of crime throughout our nation as of further assistance or you need someone Inc. (WEAVE), I am happy to lend our sup- they struggle to survive their victimization. from our organization to testify, please give port of your Crime Victims Rights Constitu- Under this legislation, victims would have us a call. tional Amendment (Senate Joint Resolution a right to receive notice of public pro- Sincerely, 3). This amendment is supported throughout ceedings related to the crime perpetrated PATSY J. GILLIS, our nation by 49 of 50 governors as well as against them, notice of the offender’s escape President and Co-Founder. Mothers Against Drunk Driving, Parents of or release from custody, as well as notifica- Murdered Children and the National Organi- tion of parole hearings and to have a voice at THE LAW ENFORCEMENT zational for Victim Assistance. these hearings. Without the help and deter- ALLIANCE OF AMERICA, mination of so many crime victims, the sys- While criminal defendants have almost two Lynbrook, NY, April 12, 2000. dozen separate constitutional rights, fifteen tem cannot hold criminals accountable and Hon. DIANNE FEINSTEIN, of which specifically provided as constitu- stem the tide of future crime. U.S. Senate, Washington, DC. tional amendments, victims of crime have no Victims of crime need to have the same DEAR SENATOR FEINSTEIN: On behalf of the rights across this great nation. We ‘‘THANK Law Enforcement Alliance of America, I constitutional rights. The Crime Victims YOU’’ for taking an active role in this very would like to inform you of our strong orga- Rights Amendment brings much needed bal- important legislation and for the concern nizational support of S.J. Res. 3, the ‘‘Vic- ance to our justice system by granting vic- and support that you continue to show vic- tims Rights Constitutional Amendment.’’ tims the right to be informed, present and tims of crime and their survivors. LEAA is asking for your active support of heard at critical stages throughout trials. Please feel free to call on us anytime we this important legislation that is expected to We should not forget that justice is an at- may be of help. go for a Senate floor vote in late April. Addi- tempt to give back to victims the sense of Sincerely, tionally, LEAA asks that you oppose any at- closure and fairness taken by their perpetra- HARRIET SALARNO, tempts to dilute the intent of this critical tors. This amendment is a long overdue step President. legislation. toward justice for victims. LEAA is the nation’s largest coalition of MAY 20, 1996. law enforcement professionals, crime vic- Please convey WEAVE’s strong support to Senator DIANNE FEINSTEIN, tims, and concerned citizens dedicated to your colleagues in the U.S. Senate. Thank U.S. Senate Hart Building, Washington, DC. finding solutions to the problems plaguing you for your advocacy efforts on behalf of Attention: Neil Quinter our country’s criminal justice system. Fight- victims and victim advocacy organizations. DEAR SENATOR FEINSTEIN: Thank you for ing for passage of victims’ rights legislation Sincerely, meeting with me on such short notice last is of paramount importance in realizing just MARY STRUHS, week and sharing the Crime Victims’ Rights one of LEAA’s many goals. Associate Director. S2974 CONGRESSIONAL RECORD — SENATE April 27, 2000

FEDERAL LAW ENFORCEMENT CALIFORNIA POLICE CHIEFS of the United States. As law enforcement OFFICERS ASSOCIATION, ASSOCIATION, INC. personnel, we understand the importance of East Northport, NY, April 21, 2000. Sacramento, CA, April 18, 2000. this Constitutional Amendment to the many Hon. DIANNE FEINSTEIN, Hon. DIANNE FEINSTEIN, victims of crime that we meet during a U.S. Senate, Washington, DC. Senate Hart Office Building, criminal investigation. In many cases, it is Washington, DC. youth, which are the victims. They should DEAR SENATOR FEINSTEIN: On behalf of the National Executive Board of the Federal Law Re: Crime Victims Rights Constitutional have the same rights as every citizen of the Amendment United States of America. A victim of a vio- Enforcement Officers Association and out DEAR SENATOR FEINSTEIN: The California lent crime should have the following rights: more than 17,000 members across America, I Police Chiefs Association fully supports your want to formally announce FLEOA’s strong To reasonable notice of public judicial pro- Crime Victims Rights Constitutional ceedings support for S.J. Res. 3, the ‘‘Crime Victims’ Amendment (Senate Joint Resolution 3). To attend all public proceedings. Rights Constitutional Amendment.’’ This amendment is very much needed as FLEOA, the voice of America’s federal demonstrated by the support of Mothers To be heard at crucial stages in the judi- cial process. criminal investigators, agents, and officers, Against Drunk Driving, Parents of Murdered is the largest professional association in the Children and the National Organization for To receive reasonable notice of the offend- nation exclusively representing the federal Victim Assistance as well as 49 of 50 Gov- er’s release or escape. law enforcement community. FLEOA, a non ernors. To consider in the interest of the crime partisan, volunteer organization comprised Law Enforcement has long recognized that victim that the trial is free from unreason- of active and retired federal law enforcement crime victims deserve to have a rightful able delay. members from the agencies listed on the left place in our justice system. While criminal To receive restitution from the convicted side of this document is dedicated to the ad- defendants have almost two dozen separate offender. vancement of the federal law enforcement constitutional rights, fifteen of them specifi- To consider for the safety of the victim community. cally provided as constitutional amend- any conditional release from custody. ments, victims of crime have zero constitu- We are an organization comprised of indi- tional rights. The Crime Victims Rights The California Police Activities is only viduals who have dedicated their lives to Amendment brings much needed balance to asking that the 8.6 millions victims of vio- protecting and serving the American public. our justice system by granting victims the lent crime in our country receive fair treat- It is our belief that the time is right to right to be informed, present and heard at ment by the judicial system, which they de- amend the Constitution to correct the injus- critical stages throughout trials. serve. For those accused of crimes in our tice that that has developed in this area. While many could claim that this legisla- country, the Constitution specifically pro- This amendment will ensure that those who tion places burdens on the justice system, we tects them. However, nowhere in the text of have been touched by crimes of violence are should not forget that the spirit of justice is the United States Constitution does there not further victimized by laws that may pre- to attempt to give back to victims the sense appear any guarantee of rights for crime vic- vent them from being notified, and provided of closure and fairness taken by their per- tims. the opportunity to be present and heard at petrators. Unfortunately, we as a nation The time has come for a Victim Bill of critical stages of their cases. We believe that have often forgotten the victims of crime. Rights. The California Police Activities in the Founders created the Constitution to be With today’s population increasingly living the name of its members support your drive a living document and this proposed amend- longer, we are seeing more and more victim- for the passage of this Constitutional ment is consistent with that principle. ization of our elderly. They, along with our Amendment. Please call us if we can be of children, are the least able to fight back help in your effort to protect the rights of FLEOA looks forward to working with against the criminal element and therefore crime victims. CAL PAL commends you for Congress and the States in securing passage need this amendment. taking up this cause in the name of 8.6 mil- of the Crime Victims’ Rights Constitutional The California Police Chiefs Association is lion Americans. Amendment. Please do not hesitate to con- very pleased to stand with you on this Sincerely, tact me on this issue or on any other legisla- amendment and fully supports your efforts. RON EXLEY, tive matter impacting federal law enforce- Respectfully, Government Relations Director. ment. I can be reached at (202) 258–7884. CRAIG T. STECKLER, Respectfully, Chief, Fremont Police Department and CITY AND COUNTY OF SAN FRAN- BRIAN M. MOSKOWITZ, President, California Police Chiefs’ CISCO, OFFICE OF THE SHERIFF, Legislative Director, National Executive Association. San Francisco, CA, April 24, 2000. Board Member. Hon. DIANNE FEINSTEIN, CALIFORNIA NARCOTIC Senate Hart Office Building, NATIONAL CENTER FOR OFFICERS’ ASSOCIATION, Washington, DC. Santa Clarita, CA, April 24, 2000. MISSING & EXPLOITED CHILDREN, DEAR SENATOR FEINSTEIN: I write to lend Arlington, VA, April 25, 1996. Hon. DIANNE FEINSTEIN, my support to Senate Joint Resolution 3, the Senator DIANNE FEINSTEIN, Hart Senate Office Building, proposed amendment to the Constitution in- Hart Senate Office Building, Washington, DC. tended to protect the rights of crime vic- Washington, DC. Re: Crime Victims Rights/Constitutional tims. Amendment As Sheriff of San Francisco, I have wit- DEAR SENATOR FEINSTEIN: I am writing on DEAR SENATOR FEINSTEIN: The membership behalf of the National Center for Missing and of the California Narcotic Officers’ Associa- nessed the empowerment experienced by vic- Exploited Children to formally express our tion is in strong support of your Crime Vic- tims of crime when given the opportunity to support and endorsement of the Victim’s tims Rights Constitutional Amendment speak about how their lives were impacted Rights Amendment you have introduced (Senate Joint Resolution 3). As members of by violence. I have also witnessed the effect with Senator Kyl and Congressman Hyde. law enforcement community, we recognize on violent offenders of hearing how their The passage of this resolution will go far to that crime victims must have voice in the crimes harmed individuals and the entire helping victims nationwide begin and con- criminal justice system. Traditionally, they community. As part of our Resolve to Stop tinue the difficult healing process necessary have been treated with less respect than the Violence Project, an in-custody treat- after victimization. those accused of terrible crimes. ment program for men with violent criminal The California Narcotic Officers’ Associa- histories, victims come to the jail to tell The National Center for Missing and Ex- how the violence done to them changed their ploited Children spearheads nationwide ef- tion is very pleased to stand with you on this very important amendment and fully sup- lives. For the first time, many offenders re- forts to locate and recover missing children, alize that their actions have serious and and raise public awareness about ways to port your efforts. Sincerely, harmful consequences, and this is often the prevent child abduction, molestation and catalyst for real change. Not only does the sexual exploitation. As you continue your WALTER ALLEN, President. experience give voice to crime victims, it work in support of children and others vic- gives both victim and offender the oppor- timized by criminal offenders, please do not CALIFORNIA POLICE ACTIVITIES tunity to work toward the common goal of hesitate to contact us if we can be of assist- LEAGUE (PAL), the eradication of violence. ance in any way. Oakland, CA, February 8, 2000. Participation of victims in the criminal Again, we strongly commend your efforts Hon. DIANNE FEINSTEIN, justice dialogue is essential to their well and thank you for your dedication to the in- U.S. Senate, Washington DC. being and that of the entire community. I terests of America’s millions of criminal vic- DEAR SENATOR FEINSTEIN: The California am proud to support the Crime Victims tims. Police Activities commends you on your ef- Rights Constitutional Amendment. Sincerely, forts to protect the rights of crime victims. Sincerely, TERESA KLINGENSMITH, The California Police Activities League sup- MICHAEL HENNESSEY, Manager, Legislative Affairs. ports your Amendment to the Constitution Sheriff. April 27, 2000 CONGRESSIONAL RECORD — SENATE S2975 SAN DIEGO COUNTY called Racial Minorities for Victim lions of clients had run afoul of some over- SHERIFF’S DEPARTMENT, Justice. This group includes Norm zealous, unfair and harmful interpretation of San Diego, CA, April 24, 2000. Early, the former district attorney of a crime victim’s rights already provided in Hon. DIANNE FEINSTEIN, Denver, CO, and the founding president State Constitutions? Two hundred? Twenty? U.S. Senate, Hart Senate Office Building, Two? Not even one! Washington, DC. of the National Black Prosecutors’ As- It is important to understand that victims’ DEAR SENATOR FEINSTEIN: It is with great sociation. It includes Joseph Myers, ex- rights statutes echoing those in the proposed pleasure that I add my support to S.J. Res. ecutive director of the National Indian Amendment are to be found on the books of 3, to provide constitutional rights for crime Justice Center; David Osborne, an every state—buttressed by constitutional victims. There are rights articulated in the Asian American who is assistant sec- amendments in 32 of them. While compliance U.S. Constitution to provide rights for crime retary of the State in California; Azim with those laws is woefully spotty (more on victims. Criminal defendants have almost that below) it is fair to estimate that in hun- two dozen separate constitutional rights, fif- Khamisa; Christine Lopez; Steven Njemanze. The group includes minority dreds of thousands of cases, the victims teen of them provided by amendments to the rights were fully implemented, giving rise to U.S. Constitution. victims such as Teresa Baker, whose not one single appeal as to the fairness of the Your proposed Crime Victims’ Rights rights were denied after her son was application of those laws. Amendment will bring balance to the justice coldbloodedly murdered in Maryland; In our opinion, people of color should be es- system, by giving crime victims the rights to Clementine Garfield, whose two teen- pecially outraged at these disproportionate be informed, present and heard at critical age sons were shot in Detroit; Sarah deprivations of our legal and human rights, stages throughout their case. for it is our minority communities who dis- The need for this measure is evidenced by Fletcher, whose husband Reginald, son Ricky, daughter Crystal, and unborn proportionately suffer the pain of criminal the forty-two bipartisan senators who have victimization. agreed to cosponsor this amendment. I look granddaughter were all murdered. They forward to working with you on this and wrote me an eight-page letter laying I agree with that very much. There is other legislation that we mutually agree out their thoughts about the amend- perhaps none but, at most, very few upon. ment. I will read some of that letter. minority victims of violent crime who If I might be of further assistance, please The undersigned are founding members of can afford the counsel to process their don’t hesitate to call me. rights under State constitutions, under Sincerely, Racial Minorities for Victim Justice which State laws, or under the patchwork of WILLIAM B. KOLENDER, strongly support Senate Joint Resolution 3, Sheriff. the Crime Victims’ Rights Constitutional laws to protect victims across this Na- Amendment. We are aware that some groups tion at this time. Every time, if they SACRAMENTO COUNTY that seek conscientiously to speak for the do, they will eventually lose because SHERIFF’S DEPARTMENT, interests of racial minorities have expressed the rights of the defendants or the ac- Sacramento, CA, April 21, 2000. opposition to your proposed amendment. We cused are deeply embedded in the heart Hon. DIANNE FEINSTEIN, claim some understanding of the funda- mental concerns that guide their position— of this great Constitution. They will Senate Hart Office Building, find that, in effect, as they press a case Washington, DC. concerns we share—but we also believe that DEAR SENATOR FEINSTEIN: I am writing to they have reached the wrong conclusion on in court, they have no standing under offer my support toward your efforts in spon- this issue. the Constitution of the United States. soring the Crime Victim’s Rights Constitu- To put it in the simplest terms, no one in That is what this is all about, to give tional Amendment. Your proposed amend- our society stands to benefit more from the victims standing in the Constitution of ment would fill a void in the rights guaran- adoption of the Victims’ Rights Amendment the United States. No case dem- teed to citizens in our Constitution by pro- than people of color—for it is our people that suffer the highest rates of victimization in onstrated that more clearly than the viding basic, essential rights to victims of Oklahoma City bombing case. crimes all across our nation. the Nation. Law Enforcement has long recognized that Let us start with some common ground on As we sum up, I will quickly refresh crime victims deserve a rightful place in the which the great majority of racial minorities why that is the case. We had passed criminal justice system. While criminal de- stand in this country. Historically, we have two statutes—one in 1990—which al- fendants have nearly two dozen separate con- had deep suspicions of the agencies of crimi- lowed victims to watch the trial and stitutional rights, fifteen of which are spe- nal justice. Speaking specifically of the Afri- testify at sentencing. The Victims of cifically provided as constitutional amend- can American experience, it was the agents Crime Bill of Rights, a 1990 law, passed ments, crime victims have no constitutional of criminal justice who were the enforcers of rights as it relates to being the victims of the Fugitive Slave Act and all the Jim Crow by the House, passed by the Senate, crimes. The Crime Victims Rights Amend- laws—often with lawless brutality. and signed by the President, references ment will bring much needed balance to our While we are proud of recent progress to the right to be present at all public justice system by providing victims the right end this pattern of bigotry in the adminis- court proceedings related to the of- to be informed, present and heard at all crit- tration of justice—proud because African fense, unless the court determines that ical stages throughout their respective Americans and other minorities have led the testimony by the victim would be ma- trials. way in reforming these practices—we are not terially affected if the victim heard The opponents of this legislation claim so naive as to believe that our criminal jus- that the amendment would place burdens on tice system has grown altogether color- other testimony at the trial. In spite of the justice system, we cannot afford to for- blind. that statute, the court denied the pros- get the intent of justice is to give back to More than most Americans, we believe ecutors’ request. The victims made a victims, the sense of security, closure and criminal justice has become too fearful of similar request, and the court denied fairness, taken by the perpetrators of their people of color, too punitive toward minority that request, holding that victims crimes. offenders, with too few opportunities for lacked standing to raise their rights I applaud you for your efforts and I stand their treatment and rehabilitation. under that statute. with you as you pursue this important issue. This is where we share common ground Please do not hesitate to call on me if I can with most members of the minority commu- The prosecutors and the victims were provide any assistance. I can be reached at nities in America. What we cannot under- not satisfied. They both had good at- (916) 874–7146. stand, however, is why some in those com- torneys, Washington attorneys, Paul Sincerely yours, munities have concluded that one way to Cassell, distinguished attorneys. They LOU BLANAS, bring justice agencies into harmony with our appealed that to the Court of Appeals Sheriff. higher ideals is to deny the victims of crime of the Tenth Circuit. As Professor Mrs. FEINSTEIN. One of the unfortu- any effective and enforceable rights. To us, Cassell, one of the lawyers put it: nate aspects of the debate in these hal- that makes no sense. We do nothing to im- prove the fair treatment of minority defend- Three months later, a panel of the Tenth lowed Halls is the fact that many have ants by impeding the fair treatment of mi- Circuit rejected—without oral argument— chosen to ignore the fact that this nority victims. both the victims’ and the United States’ amendment would actually help poor claims on jurisdictional grounds. With re- I couldn’t agree with that more. spect to the victims’ challenges, the court minority communities beset by crime. They go on to say: It would give victims in these commu- concluded that the victims lacked ‘‘stand- Leaders of America’s criminal defense bar ing’’ under Article III of the Constitution be- nities rights our criminal justice sys- have testified frequently and heatedly cause they had no ‘‘legally protected inter- tem often deny them through bureau- against passage of the Crime Victims’ Rights est’’ to be present at the trial and con- cratic neglect and casual racism. Amendment, citing amorphous dangers to sequently had suffered no ‘‘injury in fact’’ Among the many supporters of the defendants’ rights and liberties. And how from their exclusion. The Tenth Circuit also amendment, for example, is a group many cases did they cite where their mil- found that victims had no right to attend S2976 CONGRESSIONAL RECORD — SENATE April 27, 2000 the trial under any First Amendment right he had been one of the authors of that would be beside the point and are not my of access. Finally, the Tenth Circuit re- legislation—we come back and say that focus. After all, detailed problems with the jected, on jurisdictional grounds, the appeal illustrates the fact that you need a statute’s terms could be cured by redrafting and mandamus petition filed by the United and would not in themselves explain why States. Efforts by both the victims and the constitutional protection because until only an amendment to the Constitution Department to obtain a rehearing were un- you have that, the courts can’t con- could meet the need for fuller national pro- successful, even with the support of separate tinue to ignore these statutes. Then tection of victims’ rights. briefs urging rehearing from 49 members of Senator SCHUMER said: But courts can- Then he goes on to say this—and I Congress, all six Attorneys General in the not ignore statutes; they are just like am skipping some: Tenth Circuit, and some of the leading vic- the Constitution. You have to apply The mere brandishment of the banners of tims groups in the nation. statutes. The answer to that is, well, defendants’ rights or of prosecutorial needs We heard about that. We responded you should, but what is the remedy if too often suffices to push the needs and in- with alacrity. The House passed the you don’t? terests of victims—to be notified, to observe, Victims’ Rights Clarification Act of As the Senator pointed out, until we to be heard, to have their views considered, 1997. That statute said, notwith- provide standing in a constitutional to achieve closure, and to be compensated if standing any statute, any rule or other amendment, if the courts don’t abide possible—into the background. Rather than provision of law, a U.S. district court creatively and determinedly seeking ways to by the statutes, there is no recourse. protect victims’ rights in ways that manage shall not order any victim of an offense That is the bottom line as to why a fully to respect the genuine rights, privi- excluded from the trial of a defendant constitutional amendment is necessary leges, and needs both of the accuser and the accused of that offense because such in these kinds of cases. accused, state and local officials are under- victim may, during the sentencing The other inconsistency is the other standably but unfortunately tempted to rel- hearing, testify as the effect of the of- side says you don’t have a lot of court egate victims and their rights to second- fense on the victim and the victim’s decisions overturning statutes for class status or to shelf them altogether, as family or as to any other factor for State constitutional protection, so we merely hortatory and aspirational provisions of law enacted with something much strong- which notice is required. That is clear. don’t need a constitutional amend- er and more operational in mind. We cleared it up. We gave them stand- ment. He essentially goes on to say again ing by law, passed by the House, passed That is an odd argument. Most of the why a statute won’t work. He says: by the Senate, signed by the President constitutional protections are not the of the United States. But the district The argument is flawed first, because it result of a Supreme Court decision to fails entirely to come to terms with the court then said that this statute might strike down a statute or a State provi- basic reasons, set forth above, that merely be unconstitutional and postponed a sion. In fact, I don’t know of any that statutory measures would be unable to com- decision until after the trial. So the are, frankly. bat the deeply rooted attitudinal problems judge paid no attention to the House of Most of the constitutional protec- confronting victims and their claims of Representatives, the Senate of the tions for defendants and other citizens right; and second, because insofar as it as- United States, or to the signature of have come about because of the rec- sumes broad congressional power to act the President of the United States. ognition that there are certain funda- under Section 5 of the Fourteenth Amend- This is why we press this cause ment, it is simply ignorant of the series of mental rights that need to be pro- decisions in the 1990s and reaching into 2000, today. This is why we do not believe tected, and we ought not to wait for beginning with the invalidation of the Reli- that a statute will ever be adequate to courts to strike something down in gious Freedom Restoration Act and con- give victims basic rights. Push sort of order to assume that it is time to pro- tinuing with the invalidation of provisions of comes to shove. There is an old expres- pose a constitutional amendment. But the Patent Reform Act and the Age Dis- sion called ‘‘carrying water on both if that were the proper standard, then crimination Employment Act, in which the shoulders.’’ It is sometimes a way that we have a clear reason to do so because modern Supreme Court has dramatically people feel, in our business—that they as the Senator from California pointed curtailed the legislative authority of Con- can appease a group by saying, oh, gress to use its Section 5 power to protect in- out, the Tenth Circuit Court of Appeals terests that Congress, but not yet the Court, something else will do. This case, to has now ruled that is the precedent, is prepared to recognize as constitutional me, is irrevocable evidence that the and for at least, I think, seven States rights, or even to protect Court-recognized challenge of making a statute work is in the Tenth Circuit, they have a very constitutional rights in circumstances, or by extraordinarily difficult to give any bad ruling on their hands; namely, vic- means, not shown in the legislative record to minority or impoverished victim any tims have no standing to assert the be ‘‘necessary.’’ meaningful right in real life. So we in- rights we provided for in statute. So if What Professor Tribe at this stage is tend to continue to press this case. that is to be the standard—that you adding to this is that any statute I want to ask the distinguished Sen- have to have a court decision that passed by us does not take into consid- ator from Arizona now that he has proves the need for a constitutional eration the courts striking down of the heard the outline of what happened— protection—we have it. So whichever Religion Freedom Restoration Act, the some people have criticized me, I way you want to argue it, I think the Patent Reform Act, the Age Discrimi- think, because I have used this case point is made that we need a constitu- nation and Employment Act. He is say- over and over again, but it is the only tional amendment to provide real pro- ing that the authority of Congress is clearly definable case we have fol- tection for victims of crime. now more limited to use its section 5 lowing the passage of two laws passed Mrs. FEINSTEIN. I thank the Sen- power to protect interests that we by our bodies to make a judgment— ator for that comment. I would like to think are valid. and, true, we are making that judg- follow up with something. My staff has The striking down of these bills, in ment just on the Tenth Circuit Court— handed me a letter from Professor effect, makes the constitutionality of nonetheless, does the Senator not be- Tribe dated today. It is on this point. I anything that we might pass by way of lieve it is an applicable judgment to think it adds some additional very dis- a Federal statute extraordinarily vul- add to this to confirm the fact that a tinguished credibility to what the Sen- nerable. I think this is new informa- statute probably won’t work in this sit- ator is saying. It says: tion which we have not had a chance to uation? I am writing to address one consideration analyze and consider which may enable Mr. KYL. Mr. President, Senator in particular that is highlighted by the pro- us to come back and fight another day. FEINSTEIN is exactly correct. I think it posed Crime Victims Assistance Act, S. 934, Mr. KYL. Mr. President, another illustrates the inconsistency of the op- whose sponsors—many of whom are my good point Senator FEINSTEIN made yester- ponents of the amendment. In the first friends—evidently hope that by this Federal day which people need to continue to place, they say we should try a statu- statute they obviate the need for the pro- focus on is that a Federal statute is tory remedy. When we try the statu- posed constitutional amendment. I favor S. going to apply to Federal crimes. A tory remedy and the court says you 934’s enactment, at least in principle. I as- U.S. constitutional amendment applies sume that closer study of the detailed provi- lose, you still don’t have the rights— sion than I have been able to undertake to all cases in all courts in every State, and as Senator SCHUMER said, the court would disclose ways in which it might be im- whether at the trial court level in the essentially ignored what Congress did, proved. But minor technical flaws, or even county—we call it superior court in Ar- and that was offensive to him because design defects in the contemplated statute izona—all the way to any other court, April 27, 2000 CONGRESSIONAL RECORD — SENATE S2977 including Federal courts. But a statute ferent rights. If there is a collision, our lowing conditions. Judges say that that we pass applies to Federal court view is that the judge then provides every day. trials for the most serious crimes. In the balancing mechanism. This gives The defendant has a right to sit at Federal law, that accounts for about 1 the victim a standing in law to assert his trial. But he can’t sit there if he is percent of the victims of violent crime the right that, in a sense, can’t be going to be yelling, screaming, and in the entire country. trusted. jumping up and down and threatening Almost always the local police catch This issue goes down—let me be very people. The judge has a way to control the perpetrator, that perpetrator is candid—on one phrase. That one phrase his courtroom, and so on. tried by the local county prosecutor in is the addition of language that would We are perfectly willing to make it the county courts, and the appeals go say nothing in this Constitution would crystal clear in our language that the up through the State court process. abridge the right of a defendant as pro- enumeration of these rights for victims Sometimes they can jump over to the vided by this Constitution. does not abridge any rights guaranteed Federal court because of a constitu- That is a paraphrase of what it is. in the Constitution for defendants or tional issue involved. But except on The Department of Justice insists on those accused of crime. We are unwill- military reservations, Indian reserva- that language. We will not get adminis- ing to say, if there has to be any bal- tions, certain kinds of kidnapping tration support, I believe, without that ancing, the defendant always wins. cases, and things of that sort where it language. The victims movement be- That would deny exactly what we are is not a Federal case, a Federal statute lieves they would not have sufficient trying to achieve for the victims, doesn’t apply. standing in these rights to really as- which is some equal consideration Mrs. FEINSTEIN. Of course that is sert them in a meaningful way unless under the Constitution for their fair- right. I think the Senator from Arizona they were able to be balanced against ness given all of the things we have said it very well. the rights of the defendant. rightly done for defendants. The PRESIDING OFFICER. The The question I wanted to ask my Mrs. FEINSTEIN. I thank the Sen- Chair notes that the time of the Sen- friend and colleague, Senator KYL, is I ator. I think the analogy is actually a ator from California has expired. think our challenge in proceeding may very good one. I know defendants’ Mrs. FEINSTEIN. I thank the Chair. be how we could reconcile this with the rights are extraordinarily privileged, I yield the floor. very real concern of victims that they and well they should be. Senator KYL The PRESIDING OFFICER. The Sen- once and for all—albeit for a limited and I have discussed this. We believe ator from Arizona. right but nonetheless real rights—have that our amendment does not collide, Mr. KYL. Mr. President, the Senator standing for those rights in a court of and we understand how victims feel. from California may have time yielded law. I think one of the points is that to her from someone else in her party Mr. KYL. Mr. President, Senator throughout all of this we have commu- to advance the rest of her argument. FEINSTEIN has touched on a central nicated with victims groups. We have She might find out how much time point because none of the advocates for been their advocates. We have tried to there is. victims have ever sought to deny one march to the sound of their drum. I inquire of the Chair. How much single right to the defendant. In point The tragedy for me, today, is that we time do I have remaining? of fact, the victims’ rights that we pro- are so close that, if we could bridge The PRESIDING OFFICER. The Sen- tect do not deny or abridge the defend- that one gap, getting the support of the ator from Arizona has 2 hours 13 min- ants’ rights under the Constitution. It Justice Department, the President’s utes. is not our intention, and it doesn’t hap- support, the Vice President’s support, Mr. KYL. I shall not take nearly that pen. We have been willing to acknowl- perhaps we might, on our side, pick up much time. It is my understanding edge that in a variety of ways and in a some votes. That one inability to reach that I can’t yield any of that time to variety of words in the Constitution. this kind of consensus within the time- Senator FEINSTEIN. We are not willing to say if there is frame we have, in view of the feelings The PRESIDING OFFICER. The Sen- ever a case in which the defendant as- of our colleagues, is really the neces- ator has time under the cloture rule to serts a right under the Constitution sity of what we are doing here this yield time to other Senators. then that right automatically wins afternoon. But I think at this stage Mr. KYL. I ask unanimous consent to over any of these victims’ rights. What there is an impasse. Does my colleague yield 1 hour of my time to Senator we said, and what people in the Depart- agree? FEINSTEIN. ment of Justice and the President and Mr. KYL. I do. If I may read one The PRESIDING OFFICER. The Sen- others have agreed with, is there paragraph from a piece written by Pro- ator has that right as manager of the should be a balancing just as there is a fessor Paul Cassell, I think it helps to bill. balancing of two constitutional rights, elucidate what we are talking about, if Mr. KYL. I appreciate it. I thank the defendants’ rights to a speedy and pub- the Senator would not mind. Chair. lic trial, a fair trial, and the right of We are talking about potentially con- The PRESIDING OFFICER. The Sen- free press. flicting rights under the Constitution. ator from California. When the press wants to get into the Senator BIDEN has made this point. Mrs. FEINSTEIN. I thank the distin- courtroom, sometimes, as we all know, Hopefully, he will be here a little bit guished Senator from Arizona. I thank the judges say: No. We are only going later to speak to this, but he made the the Chair. to allow a limited number of certain point he can’t see there ever being an Let me briefly summarize. I sincerely kinds of media in the courtroom. We irreconcilable conflict between the de- believe that the only way to afford vic- don’t want a media circus in the court- fendant’s rights and the victim’s tims of violent crime standing under room. That wouldn’t be fair to the de- rights, and in one sense I think he is the Constitution to be able to assert a fendant. absolutely correct because you can vin- right that is provided is by amendment The media says: Wait a minute. We dicate two conflicting rights through a to the Constitution. I don’t use my have a first amendment right. balancing test. But the fact is, there is judgment. This is the judgment of the The defendant says: I have a con- only one situation I can think of in most distinguished legal scholars. stitutional right, too, which amounts which you even have that conflict, and I know there are strong forces at to a right for a fair trial. that is the right to attend a trial, work in this in front of the scenes and The judge says: You are both right, where the defendant would say, it is behind the scenes. I know there are and you are both going to get your not fair to me if the victim or the vic- some people who believe what we are rights vindicated, but neither of you tim’s family attends the trial, and the trying to do is weaken defendants’ have an absolute right that excludes victim’s family or the victim says, rights. That is simply not correct. De- any other consideration. The judge wait a minute, that’s one of my most fendants’ rights, as I see them, are ba- says to the defendant: I am not going fundamental rights, and the Senator sically rights that do not come into to allow your case to be prejudiced by guaranteed that in this provision. collision with the rights we would af- a media circus. Media, you are going to There are ways to accommodate both ford the victims. They are totally dif- have to restrain yourselves to the fol- the defendant’s and victim’s rights, of S2978 CONGRESSIONAL RECORD — SENATE April 27, 2000 course. At least the Senator and I un- to prevail in the case of a conflict, then What are the arguments against it? derstand that, but there are some who that would be a cruel hoax. I think we One argument is it is too long and spe- find that very difficult and troubling. have gone so far as to suggest we are cific. Right after that, we heard it is But here is the analogous situation willing to acknowledge that the rights too general. Senator SCHUMER said we which I think makes our case. This is enumerated for victims do not abridge should just have a general statement what Professor Paul Cassell says: rights guaranteed in the Constitution about the fairness that victims are en- Confirmation of the constitutional worthi- to defendants. I do not know how much titled to and leave it at that. Others ness of victims’ rights comes from the judi- more clearly we can say that. It leads say that would be far too general. How cial treatment of an analogous right: the us, and those who are supportive, to would we ever define ‘‘unreasonable,’’ claim of the media to a constitutionally pro- tected interest in attending trials. In Rich- conclude, if that is not good enough, which is one of the words in our mond Newspapers v. Virginia, the Court that perhaps there really is not a de- amendment here? Of course, one could agreed that the First Amendment guaran- sire on the part of those on the other have argued that same thing about teed the right of the public and the press to side to come to an agreement here in a some of the protections for defendants attend criminal trials. Since that decision, way that could permit us to have a in the Bill of Rights. How will we de- few have argued that the media’s right to at- chance of succeeding in this debate this fine ‘‘unreasonable search and seizure,’’ tend trials is somehow unworthy of constitu- week or next. it could have been argued. We have tional protection, suggesting a national con- That is the unfortunate state of play. sensus that attendance rights to criminal done all right on that. trials are properly the subject of constitu- Senator FEINSTEIN is absolutely cor- We were fairly specific about the tional law. Yet the current doctrine produces rect. Perhaps in the ensuing weeks we enumerations of these rights because what must be regarded as a stunning dis- will have an opportunity to explore we didn’t want to take anything away parity in the way courts handle claims of ac- other ways of expressing this that from defendants. We wanted it to be cess to court proceedings. Consider, for ex- make it clear we are not taking any- crystal clear exactly what the rights ample, two issues actually litigated in the thing away from defendants. But by were so nobody could contend they Oklahoma City bombing case. The first was the request of an Oklahoma City television the same token, we have to give mean- went further than they go, so that no- station for access to subpoenas for docu- ingful rights to victims. body could argue we might be stepping ments issued through the court. The second Mrs. FEINSTEIN. If I may, I think on the toes of a defendant. We didn’t was a request for various family members of the Senator has summarized it very want to step on the defendant’s toes. the murdered victims to attend the trial, dis- well. I retain the remainder of my time We wanted to make sure the govern- cussed previously. My sense is that the vic- and yield the floor. I know there are ment wouldn’t deny victims access to tims’ request should be entitled to at least some other distinguished Senators who certain points in the criminal justice as much respect as the media request. Yet wish to come to the floor and speak. process. We were very careful to define under the law that exists today, the tele- Mr. KYL. Mr. President, until those vision station has a First Amendment inter- this. Indeed, the Department of Justice est in access to the documents while the vic- in opposition wish to be here, then, I met with us on numerous occasions tims’ families have no First Amendment in- will speak to close out, really, what I and said we would have to be more pre- terest in challenging their exclusion from have to say about this. I would like to cise in our description because they the trial. The point here is not to argue that do two things: Just to reiterate a cou- could envision possible problems if we victims deserve greater constitutional pro- ple of circumstances why this is nec- do not nail it down. We nailed it down. tection than the press, but simply that if essary, and, second, to respond to some That took a few words. press interests can be read into the Constitu- of the arguments that have been ad- Then we were criticized for having tion without somehow violating the ‘‘sacred- ness of the covenant,’’ the same can be done duced against what we propose. too long an amendment; it is longer for victims. Why do we need these rights? Sup- than the Bill of Rights. We pointed out, That is the end of Professor Cassell’s pose your daughter was raped and mur- it is not longer than the Bill of Rights. quotation, the point being—to those dered and you wanted to attend the Indeed, our amendment is shorter than who say the Constitution is sacred; we trial and you were told that, under the all of the rights guaranteed to defend- cannot change it—it includes rights of law, you were going to have to sit out- ants in the Constitution. The defend- the media to attend trials, but some- side the courtroom every day. The de- ants’ rights consume 348 words; the vic- how it would be wrong to grant those fendant, the defendant’s family and tims’ rights consume 179 words. There same rights to victims. That, indeed, is friends, they can be in the courtroom, are 307 words in our amendment, ex- a disparity. To the extent a defendant they can watch the trial, but you are cluding the purely technical provision. might say, ‘‘but I don’t want the vic- going to have to sit outside on the Isn’t it amazing we have gotten down tim or the victim’s family in the court- bench in the hallway. That is not fair. to a word count, if that is one of the room,’’ just as the Constitution says, It tears at the gut of those who have big objections of opponents? ‘‘It is a but there is a right that we have to bal- been victimized already by the com- little too long.’’ It is not too long. If it ance with your concerns—and that is mission of the crime that hurt or killed were shorter, their argument would be the media’s right—we would be saying their loved one. it is not specific enough, we need to be here: The victim also has some consid- Suppose you pick up the newspaper more specific—and that takes more eration here, and the court needs to someday and read that the person who words. take that into account in deciding the raped you, or assaulted you, is out on Perhaps the least argument—and circumstances under which victims and the street. He had been incarcerated. there will be others propounding this victims’ families would be present. Your testimony helped put him there. argument—is that because the Con- If we were to somehow insert lan- You have no idea he is running free. stitution is sacred, it should not be guage that made it possible for courts His may be the knock on your door or amended. Maybe it is appropriate to to rule that the defendant would al- the person at the other end of the tele- read something in the sacred docu- ways win in the case of such an asser- phone which rings. You did not get no- ment, article V: Whenever two-thirds tion, then we would have, I think, per- tice of his parole hearing. You could of both Houses shall deem it necessary, petrated a cruel hoax on victims who not even go down and tell the parole shall propose amendments to this Con- would think they had something that board how vicious a person this was stitution . . . when ratified by the leg- in fact they would not have. It would and why they ought to think twice be- islatures of three-fourths of the several be similar to what victims experienced fore releasing him on parole. You did States, it becomes effective as part of when they proudly went into court not even have a chance to go down and this Constitution. with their new statute that the Con- say, ‘‘Will you please consider my safe- Thomas Jefferson said: I am not an gress had passed, saying: ‘‘Now, judge, ty in establishing conditions for his re- advocate for frequent changes in laws we have a right to attend the trial,’’ lease, that he has to stay away from in the Constitution, but laws and insti- and he ignored it. If we put it in the me,’’ for example. tutions must go hand in hand with the Constitution, the judges can’t ignore We are talking about things that are progress of the human mind. As that it. serious, not frivolous. These are real becomes more developed, more enlight- But if we said in the Constitution: cases. Both of the examples I cited are ened, as new discoveries are made, new However, the defendant is always going real cases—multiple cases, I might add. truths discovered and manners and April 27, 2000 CONGRESSIONAL RECORD — SENATE S2979 opinions change, with the change of have done. They are similar rights. The would be sure to do this to somebody circumstances, institutions must ad- right of the press to be able to cover a else. vance to keep pace with the times. trial, it seems to me, should be no This is what we are talking about. Indeed, Thomas Jefferson also said: greater than the right of a victim to be This is not frivolous. This is not triv- Happily for us, when we find our Con- present at the trial. What is the dif- ial. This is people’s lives we are talking stitution is defective and insufficient ference? I conclude by challenging any- about. When opponents say, we can to secure the happiness of our people, body to tell me what the difference is protect it by statute, we say, the State we can assemble with all the coldness between granting the media the right of Arizona had a very good statute. In of philosophers and set them to rights, to attend a trial and granting the vic- fact, it was better than a statute; it while every other nation on Earth tim in the case the right to attend the was a constitutional provision in the must have recourse to arms to amend trial. State. She still didn’t get notice. In or restore their constitutions. I don’t understand why there is such fact, 60 percent of people don’t get no- It is certainly a reflection of our a visceral negative reaction to what we tice under these constitutional provi- wonderful United States of America are trying to do. If you have ever been sions and State statutes. and our Constitution that from time to a victim or been part of a tragedy that Opponents say: That is good enough; time we have found it necessary to has affected others, you know how maybe we can pass a Federal statute. grant rights in this sacred document: much they want to bring closure to the We say a Federal statute can only af- the right to vote, the right to vote event, why they want to witness the fect 1 percent of all of these cases, and when you are 18, the right to vote and criminal justice process that brings the there is little reason to believe a Fed- not to be defined by one’s sex, the right matter to a close, why they want to eral statute would be observed any bet- to a speedy trial. These are rights that participate at a couple of the stages, ter than State constitutional provi- were granted by amendment to citizens particularly at the time of sentencing sions are, as the Oklahoma City bomb- after this sacred document was writ- and also at the time of a conditional ing case reveals. ten. We all agree with the proposition release so that their safety can be con- I am at a loss. I agree with Senator that it is a wonderful document, a sa- sidered, as well as the safety of others. FEINSTEIN. We are moved by these cred document, a document that ought No one opposing our amendment has cases. We are moved by the people. We not lightly be added to, which has a suggested that those are unworthy of want to help. Everybody wants to help. wonderful and glorious history. Indeed, protection. Rather, they have said we Even opponents, I am convinced, want I submit that some of the most pro- can do it by statute. But what did we to help. So let’s do something about it. found and glorious aspects of the his- find yesterday when we looked at the It is not doing something effective tory of this Constitution are found in data according to the National Insti- about it to fall back on the notion: its amendments. tute of Justice? After 18 years of Fed- Well, we will just rely on another stat- To suggest that somehow those who eral and State statutes and State con- ute; let’s pass another law. That is not propose an amendment to the Constitu- stitutional provisions, looking at the the answer. tion are doing a great disservice and statistics from the States that do it We are at this point now because we are assaulting the Constitution is itself the best, that have the most stringent have not done enough to educate our a great disservice to the process set requirement for notice, fewer than 60 colleagues, and I will accept part of the forth in the Constitution. percent of victims were notified of the blame for that. I should have spent a It is said that the Constitution ordi- sentencing hearing and fewer than 40 lot more time—although I must confess narily precluded the government from percent were notified of the pretrial re- my colleagues got tired of me coming affecting the rights of citizens, whereas lease of the defendant. around saying: Are you sure you we are granting rights to people. I As I said yesterday, would we con- wouldn’t like to hear a little bit more talked about three or four amendments sider those adequate percentages for about this? Maybe we should have tried that granted rights to people: the right defendants being given their Miranda a little harder to say: Will you please to vote if you are 18, the right to vote warnings, something which isn’t even listen one more time to our plea? if you are a woman, the right to a in the Constitution? No. But somehow What has happened is a very super- speedy trial. Those were rights granted we think it is OK that statutes provide ficial mantra of inaccuracies and false- to citizens. Other rights are expressed notice to only 40 percent of the people hoods have persuaded colleagues to op- in terms of preventing the government who want to be present at the parole pose this to the extent they would not from intruding on your rights. For ex- board, or at least have the opportunity be willing to allow it to come to a vote. ample, the government will not pre- to be present, to say, please, don’t let In other words, when we would seek to clude you from having a speedy trial. my assailant go; he will hurt someone. bring this to a final vote, we would not They will not deny you the right to a We are no longer talking about some- be able to stop the talking, to stop the speedy trial. They won’t deny you the body accused of a crime; we are talking filibuster, in effect, to get 60 of our col- right to counsel. about somebody who has been con- leagues to agree to bring the matter to You can express it either way—as a victed and who has been serving time a vote or to prevent nongermane grant of a right or the government not for the commission of that crime. amendments. There had been a sugges- denying you the ability to do these I mentioned the case of Patricia Pol- tion by some that if we proceed, then things. We say the government cannot lard—because it is a case from Ari- we can expect a whole flurry of amend- exclude you from the courtroom. They zona—who was brutally raped and left ments that have nothing to do with can’t exclude you from the trial. We to die. She wasn’t told that the parole what we are talking about. are not really saying you have a right board was meeting to consider and Obviously, we do not want to tie up to attend the trial; we are saying you then eventually decided to let her as- our colleagues’ time with that, so we have a right not to be excluded from sailant out of prison on a home arrest come to the unhappy conclusion that the trial. There is a difference. The kind of program. By accident, she was we have more work to do. former could lead to assertions that made aware of it. When she went back The good news is that we prevailed the government should pay for your to the parole board and asked them to with 80-some votes—perhaps the Sen- getting to the trial, that your em- reconsider their decision, after hearing ator can recall exactly how many votes ployer should have to let you off work her story, they kept him in prison. we got on the cloture motion to pro- or pay. We don’t address that. We only When I asked her if she thought her ceed. But it was over 80, as I recall. We say if you show up, you get to attend; life was in danger had he gotten out, have 41 cosponsors of our amendment the government cannot exclude you. she said: Maybe he would have tracked now, which is real progress. We got a Some of the other rights are ex- me down, but, frankly, I was a random good bipartisan vote out of the Judici- pressed in terms of direct rights. How- opportunity for him. I came along at ary Committee. ever, they all infer that the govern- just the time he wanted to do this to This is the first time this Federal ment can’t exclude you from these pro- somebody, and he did it to me. Mostly constitutional amendment has been ceedings. We are doing exactly what I was concerned what would happen to brought to the floor of either House. other amendments to the Constitution somebody else because if he got out he We have reached a real milestone. We S2980 CONGRESSIONAL RECORD — SENATE April 27, 2000 have done well. Most constitutional stand the objections some have raised to the very notion of ‘‘victims’ rights’’ has tradi- amendments never pass. All of them proposed amendment and have enormous re- tionally been dismissed either as a vague take a long time. I do not know of any, spect for many who oppose the measure, but metaphor or as an atavistic throwback to a on balance I am persuaded that the consider- primitive era of private justice. In a federal at least in modern history, that passed ations favoring the amendment outweigh universe within which victims are perva- the first time they were presented on those against it, even placing an appro- sively perceived as mere passive bene- the floor of the Senate. priately skeptical thumb on the scale’s nega- ficiaries of government protection—as by- The fact we have been thwarted part tive side. standers to the majesty of the criminal proc- way down the road temporarily, while I am writing to address one consideration ess rather than as entitled participants in a setback of sorts, should not dissuade in particular that is highlighted by the pro- that process—a merely statutory codifica- those advocates or crime victims in posed Crime Victims’ Assistance Act, S. 934, tion of certain ‘‘rights,’’ removable by the whose sponsors, many of whom are my good grace of the same Congress that bestowed their efforts. As Senator FEINSTEIN friends, evidently hope by this federal stat- them, is most unlikely to effect the perva- said, we will be back, and hopefully ute to obviate the need for the proposed con- sive attitudinal change that is so badly need- next time when we are back, more of stitutional amendment. I favor S. 934’s en- ed. When push comes to shove, even where our colleagues will have had an oppor- actment, at least in principle. I assume that adequately protecting victims does not in tunity to study this carefully, more closer study of its detailed provisions that I truth entail any abridgment of the federal victims and victims’ rights organiza- have been able to undertake would disclose constitutional rights of criminal defendants or of the needs of government prosecutors to tions will have had an opportunity to ways in which it might be improved, but minor technical flaws or even design defects protect the public and vindicate the law, any visit with Senators and Representa- in the contemplated statute would be beside superficially plausible protest from either tives, and we will have been able to the point and are not my focus here. After the prosecution’s table or the defense bar is persuade a sufficient number of them all, detailed problems with the statute’s likely to shove victims and their S. 934 to allow us to proceed to a final vote. terms could be cured by redrafting and would rights back into the shadows, from which a While there is some sorrow in our in- not in themselves explain why only an federal judiciary steeped in precisely the ability to bring this to conclusion amendment to the Constitution could meet same legal culture is unlikely to rescue them. today, I am buoyed by the prospect and the need for fuller national protection of vic- tims’ rights. Evidence of the depth and pervasiveness of the fact we have at least gotten to this My concerns are different ones. First, I am this basic attitude, and of the view that to point. concerned that, as the authors of S. 934 defend the rights of victims is to engage in a Mrs. FEINSTEIN. Mr. President, will doubtless realized given how they wrote primitive exercise in emotionalism, incom- the Senator yield for a moment? their bill, it does nothing directly for the patible with the structure of our adversary Mr. KYL. I yield. vast majority of crime victims—those vic- system of justice and with the rational char- timized by violations of state or local rather acter of the modern bureaucratic state, is Mrs. FEINSTEIN. Mr. President, I the ferocity and generality of the opposition also am buoyed by the prospects. As we than federal law. To be sure, S. 934 would offer the states money for pilot projects and to a constitutional amendment to protect go through this more and more, I un- the like, and money of course helps, but the victims’ rights, at least among the elite and especially in the supposedly enlightened cir- derstand more and more what is hap- basic reasons for the dramatic underprotec- cles with which I like to think I associate. I pening behind the scenes. I do want to tion of state crime victims are more attitu- can count on the fingers of one hand the enter into the record this latest letter dinal than fiscal: Even when states enact number of ostensibly ‘‘liberal’’ lawyers and victims’ rights measures of their own in re- from Professor Larry Tribe. Senator scholars who do not look askance when they KYL will be interested in one quote. He sponse to pressures from constituents, there learn of my support for this amendment. says deep into his letter: is a tendency to ignore or underenforce such Friends who otherwise respect me and ad- rights whenever they appear to rub up I can count on the fingers of one hand the mire my work have a difficult time, it against either the rights of the criminally number of ostensibly ‘‘liberal’’ lawyers and seems, assimilating the notion that a liberal accused or the needs or wishes of the pros- scholars who do not look askance when they champion of defendants’ rights—something I ecution. And I do mean to say ‘‘appear to rub learn of my support for this amendment. think I have been all my life—should take up against,’’ for the problem I have in mind Friends who otherwise respect me and ad- seriously the idea that the victims of violent arises in those situations where a careful mire my work have a difficult time, it crime actually have ‘‘rights’’ that the Con- analysis would reveal that the seeming con- seems, assimilating the notion that a liberal stitution should compel government to take flict between victims’ rights and the rights champion of defendants’ rights—something I seriously and to treat with respect, rather of the accused or the interests of the state is think I have been all my life—should take than merely being the unfortunate—well, a false or a readily avoidable one. The mere seriously the idea that the victims of violent victims—of criminal predations that the brandishment of the banners of defendants’ crime actually have ‘‘rights’’ that the Con- state is charged with combating, in a system rights or of prosecutorial needs too often suf- stitution should compel government to take where the only ‘‘rights’’ worth naming and fices to push the needs and interests of vic- seriously and to treat with respect, rather treating as such of course belong to those tims—to be notified, to observe, to be heard, than merely being the unfortunate—well, unfortunate enough to find themselves on to have their views considered, to achieve victims—of criminal predations that the the wrong end of the machinery of criminal closure, to be compensated if possible—into state is charged with combating, in a system justice. With all respect, I do not share that the background. Rather than creatively and where the only ‘‘rights’’ worth naming and perspective. Rather, I regard its deeply in- determinedly seeking ways to protect vic- treating as such of course belong to those grained nature as the principal argument for tims’ rights in ways that manage fully to re- unfortunate enough to find themselves on the conclusion that statutory measures will spect the genuine rights, privileges, and the wrong end of the machinery of criminal never fully suffice. needs both of the accuser and of the accused, Permit me to add one point before closing: justice. With all respect, I do not share that state and local officials are understandably I want to address the argument that S. 934 perspective. Rather, I regard its deeply in- but unfortunately tempted to relegate vic- should not be faulted for failing to reach grained nature as the principal argument for tims and their rights to second-class status state proceedings because, after all, it is de- the conclusion that statutory measures will or to shelve them altogether, treating as signed only to operate at the federal level, never fully suffice. merely hortatory and aspirational provisions and because either state statutes or state Mr. President, I ask unanimous con- of law enacted with something much strong- constitutional provisions or perhaps federal sent to print Professor Tribe’s letter in er and more operational in mind. civil rights-like legislation enacted under the RECORD. State statutory and constitutional provi- Section 5 of the Fourteenth Amendment There being no objection, the letter sions cannot overcome this phenomenon so could fill the state and local gap that S. 934 was ordered to be printed in the long as the only parties whose rights receive necessarily leaves unfilled. That argument is federal constitutional recognition, recogni- flawed first, because it fails entirely to come RECORD, as follows: tion that reinforces and amplifies traditional to terms with the basic reasons, set forth HARVARD UNIVERSITY habits of mind at the state and local levels, above, that merely statutory measures LAW SCHOOL, are the defendants in criminal prosecutions. would be unable to combat the deeply rooted Cambridge, MA, April 27, 2000. And S. 934, which obviously could not touch attitudinal problems confronting victims Hon. DIANNE FEINSTEIN, the actual conduct of state and local crimi- and their claims of right; and second, be- U.S. Senate, Hart Senate Office Building, nal investigations, prosecutions, and adju- cause, insofar as it assumes broad congres- Washington, DC. dications, is manifestly incapable of affect- sional power to act under Section 5 of the DEAR SENATOR FEINSTEIN: I have pre- ing this pervasive tendency. Fourteenth Amendment, it is simply igno- viously set forth my reasons for supporting Indeed—and this is my second major con- rant of the series of decisions in the 1990s S.J. Res. 3, the proposed Victims’ Rights cern—even in the federal criminal context and reaching into 2000, beginning with the Amendment now under consideration in the within which S. 934 would operate, the pro- invalidation of the Religious Freedom Res- Senate, and little purpose would be served by posed statute would take effect against the toration Act and continuing with the invali- my repeating those reasons here. I under- background of a legal culture in which the dation of provisions of the Patent Reform April 27, 2000 CONGRESSIONAL RECORD — SENATE S2981 Act and the Age Discrimination in Employ- The cause is just that they have directed institutional incentives.’’ A con- ment Act, in which the modern Supreme these rights. A statute, we believe, will stitutional amendment, reflecting the in- Court has dramatically curtailed the legisla- be unable to provide them, but as to structions of the nation to its criminal jus- tive authority of Congress to use its Section tice system, is perfectly designed to attack 5 power to protect interests that Congress, their standing in the Constitution, these problems and develop a new legal cul- but not yet the Court, is prepared to recog- there is a time and there is a place, I ture supportive of victims. To be sure, one nize as constitutional rights, or even to pro- predict, when that standing will hap- can paint the prospect of such a change in tect Court-recognized constitutional rights pen and take place. culture as ‘‘entirely speculative.’’ Yet this in circumstances, or by means, not shown in Mr. KYL. Mr. President, I want to means nothing more than that, until the the legislative record to be ‘‘necessary.’’ add something to a point Senator FEIN- Amendment passes, we will not have an op- In sum, although S. 934 represents an intel- STEIN just made. I do not think she portunity to precisely assay its positive ef- ligent step in the much-needed strategy of would take offense at my mentioning fects. Constitutional amendments have operationalizing and institutionalizing the changed our legal culture in other areas, and rights of victims, neither by itself nor as what occurred in my office about 4 clearly the logical prediction is that a vic- part of a series of measures, both federal and hours ago. tims’ amendment would go a long way to- state, can it hope to provide a satisfactory We were summarizing the events and wards curing official indifference. This hy- substitute for the more fundamental con- what led to the inability to get this pothesis is also consistent with the findings stitutional step represented by S.J. Res. 3, a across the goal line this week. I said it of the National Institute of Justice study on step that I consider not only wise but nec- is partially my fault for not bringing state implementation of victims’ rights. The essary despite—and (paradoxically) in part study concluded that ‘‘[w]here legal protec- because of—its current lack of appeal for more victims to the Senate to talk di- rectly with Senators and share their tion is strong, victims are more likely to be ‘‘the usual suspects’’ on the criminal justice aware of their rights, to participate in the scene, both in the defense and civil liberties personal stories. criminal justice system, to view criminal bars and among prosecutors and their cham- I told that to Roberta Roper, who justice system officials favorably, and to ex- pions. heads up the Stephanie Roper Founda- press more overall satisfaction with the sys- I hope you find these observations to be of tion. Stephanie Roper was brutally tem. It is hard to imagine any stronger pro- some use, and I apologize for my inability to tection of victims’ rights than a federal con- get them to you sooner. I wish you well in murdered, and Roberta, her mother, stitutional amendment. Moreover, we can the difficult effort to obtain passage of this has carried this cause in Stephanie’s confidently expect that those who will most amendment by the requisite two-thirds vote name. They do a lot of good in terms of often benefit from the enhanced consistency and, should you succeed in that respect, in victim support, in addition to victim in protecting victims’ rights will be mem- the onerous effort to win its ratification by advocacy. bers of racial minorities, the poor, and other the requisite three-fourths of the state legis- She said: You have to understand, disempowered groups. Such victims are the latures. though, we are conditioned not to Sincerely yours, first to suffer under the current, ‘‘lottery’’ present these stories in an emotional, implementation of victims’ rights. LAURENCE H. TRIBE. personal way. We have been told over Mrs. FEINSTEIN. Mr. President, I I think that expresses well the reason and over again in the court that ‘‘there for the frustration we have shared, the extend my deepest thanks to Professor can be no display of emotion.’’ Those Tribe for his letter and for his support. reason so many of our colleagues have are the words the judges used. I have We will certainly be consulting both he come here repeating the mantra of the been told that a display of emotion and Professor Cassell again and come legal profession that it has never been would be wrong. this way before. Maybe it is time to back to fight again another day. Now, think about that. Part of what I want to say something to the vic- change the way things have been. That makes us great as a people is the will- tims who have been so heartrending in is why we have been so strongly in sup- ingness to act out of our heart as well this process. Those of us who are polit- port of this amendment. as our mind. We should never do incor- ical come to grips with the sophisti- I see one of the opponents of the cated lobbying around this place. One rect things or unintelligent things, act- amendment is here. I know he wishes of the things I have seen in the people ing purely on the basis of emotion, but to speak. Therefore, let me conclude whom we represent is they are real nor should we deny that emotion can my remarks by again thanking Senator people. They have been maimed, they be a potent force in developing public FEINSTEIN for her stalwart, effective have been harmed, they have been policy. support and her desire to continue this hurt, and with this—I have seen this in I tried to tell Roberta that I think it battle on behalf of the victims of the past when I was active in the was a mistake, on my part, not to ap- crime. criminal justice system—victims al- preciate what she was telling me, not I assure you, Mr. President, that even most become catatonic. They almost to understand it in advance, and not to though we will be withdrawing our mo- become unable to go out and do the counsel her to go ahead in this environ- tion to proceed on S.J. Res. 3, we will lobbying that is necessary to move ment and express it in emotional continue to meet with, and work with, something such as this. terms. This is not a court of law. This anyone who wishes to work with us on I want them to know how much we is where the people’s business is done. this—opponents and proponents—to try identify with their cause, how much we I believe that until one fully appre- to get it into the condition that will fi- intend to continue to pursue this ciates what a victim goes through, it is nally be approved by two-thirds of this cause. It is a just cause. It is a cause hard to appreciate the necessity for body and two-thirds of the other body. that deserves remedy and recognition what we are doing here. That is our challenge. That is our com- in the Constitution of the United Perhaps I could conclude by reading mitment. It is our promise that we will States. It is a cause where, once vic- a paragraph again from the remarks of continue in this effort. tims have these rights, they lost them. Professor Paul Cassell before the Judi- Mr. LEAHY. Mr. President, I am This Congress—the other body and ciary Committee. pleased that the sponsors of S.J. Res. 3 our body—should provide these rights He said: have decided to withdraw their pro- again. I am hopeful that in the coming The available social science research sug- posal to amend the Constitution. One years, we will be able to continue our gests that the primary barrier to successful of the reasons they gave for their deci- work on this. Perhaps we will be able implementation of victims’ rights is ‘‘the so- sion is that the many Senators who cialization of [lawyers] in a legal culture and came to the floor to oppose their to solve this one dilemma of the bal- structure that do not recognize the victim as ancing. It is interesting; anytime one a legitimate party in criminal proceedings.’’ amendment have not, in their view, en- reads a statement by the President or gaged on the merits of their specific He is talking about a professor, a col- by the Attorney General, it mentions language. Because of this, and because league of his, who disagrees with our the balancing of these rights. Yet when they have vowed to continue in their position, Professor Mosteller. we write something in the Constitution He says: efforts to amend the Constitution to which, in effect, would provide for this, address victims’ rights, I feel obliged Professor Mosteller seems to agree gen- it brings out the criminal defense bar; erally with this view, explaining that ‘‘offi- to say a few words about some of the it brings out the liberal scholars; it cials fail to honor victims’ rights largely as most glaring defects of S.J. Res. 3. brings out people who say: You can’t do a result of inertia and past learning, insen- One of the most fundamental respon- this. You can’t give victims these sitivity to the unfamiliar needs of victims, sibilities of United States Senators is rights. lack of training, and inadequate or mis- to make sure that we understand what S2982 CONGRESSIONAL RECORD — SENATE April 27, 2000 we are enacting into law. That duty is here, unless the purpose of the amend- lence that afflicts our society, domes- heightened when we are considering a ment is to enable the corpse to attend tic violence. constitutional amendment. Justice the trial. Here is a typical scenario. The police John Marshall said that the Supreme So who, if anyone, gets the benefit of get a call from neighbors who hear Court ‘‘must never forget, that it is a the proposed constitutional rights in a shouting and screaming and pots and constitution we are expounding.’’ murder case? Maybe nobody. Or maybe pans being thrown. They reach the We, too, must never forget that it is the reference in section 2 to ‘‘the vic- house and find the husband and wife a constitution—the Constitution of the tim’s lawful representative’’ refers to hysterically angry at one another and United States of America—that we are the trustee of the victim’s estate in a a young child cowering in the corner. being urged to amend. murder case, although I do not see It is not entirely clear who attacked I could speak for hours about the de- what the trustee of a murder victim’s whom, but the husband is injured and fects of this proposed amendment, but estate would have to contribute to a the police arrest the wife and charge I trust that Senators have had an op- bail or parole hearing. Or maybe the her with assault. The wife’s bail hear- portunity to consider the minority amendment’s supporters are banking ing comes up, or maybe there are plea views in the Committee report that I on what I believe are called ‘‘activist negotiations. The wife claims it was submitted, along with Senators KEN- judges’’ to add words to the amend- self-defense; the husband claims she at- NEDY, KOHL, and FEINGOLD. ment that are not there and extend tacked him without provocation. The minority views run about 40 rights to a murder victim’s family. The wife claims she is a victim of a pages, and identify several specific This would raise other questions, like crime of domestic violence; so does the problems with the drafting of this what happens when members of the husband. Maybe the child is too. The amendment. victim’s family hold different views proposed amendment leaves us with no I would also direct Senators to the about parole, or each wants a share of clue whether a witness to violence who additional views to the Committee’s the mandatory restitution order? is psychologically but not physically 1998 report, submitted by our distin- Would unmarried couples, be they het- injured by the violence has the new guished Chairman. Senator HATCH’s erosexual or homosexual, count as fam- constitutional status of ‘‘victim’’. views subject this amendment to pene- ilies? Would the six-year-old son of a Under current law, it is up to the trating criticism. He reiterated such victim be entitled to make arguments jury to determine who is the victim concerns just yesterday in his state- in connection with a negotiated guilty and who is the criminal in this sad do- ment to the Senate in which he indi- plea? mestic scenario, and the jury makes cated the following reservations about Okay, you may say, so murder is a that determination after hearing all the proposed constitutional amend- problem. What about other crimes of the evidence from both sides at trial. ment: violence? Let us take robbery. Let us Under the proposed amendment, that Its scope: the amendment’s protections say there is an armed robbery of a determination must be made before the apply only to violent crimes; bank. A gun is pointed at a lot of peo- wife’s bail hearing or plea negotiation. Its vagueness: some of its definitions are ple, tellers and customers. A security If the husband can persuade the pros- unclear and will be subject to too much judi- guard is shot and injured. The bank ecutor that he is the victim, and not cial discretion; and the instigator of the violence, he gets Its effects on principles of federalism: the loses a lot of money. A pretty simple factual story, and one that I know, the special new constitutional rights of proposed amendment could pave the way for a crime victim at the bail and plea bar- more federal control over state legal pro- from my time as a prosecutor, happens ceedings. all too often. gaining stage, before the wife has even had a chance to present her evidence to For the moment, I will just focus on Pretend I am the prosecutor in this the jury that the husband is really the a few fundamental flaws. bank robbery. Tell me who are the vic- Let us start with the first, and most tims I have to notify. The security guilty party. Or maybe the wife can insist on important, seven words of the amend- guard? The 20 customers who were extra-judicial proceedings to contest ment. The amendment gives rights to uninjured but had a gun pointed at the husband’s status as a victim—al- ‘‘a victim of a crime of violence.’’ Sup- them? The 10 bank tellers? The CEO of though I do not know how you would porters of this amendment have often the bank? And while you are at it, tell squeeze in extra proceedings before bail me who gets the mandatory restitu- compared it to the fifth and sixth or indictment hearings. amendments, which give rights to tion—the bank that lost the money, Assuming that the husband is the those accused of crimes. So let us com- the security guard who was injured, or ‘‘victim’’ for purposes of our new con- pare them. the customers and tellers who were stitutional amendment, what does that The most basic point about any con- scared, or the teams of plaintiffs’—or, I get him? Maybe he will push for bail or stitutional right is, whose right is it? guess, victims’—lawyers who are fight- for a plea with a minimum sentence The fifth and sixth amendments are ing out these questions. conditioned on his getting custody of clear on that point: They give rights to And who gets to reopen the restitu- the child, perhaps accompanied by a people who have been charged with tion hearings? Or the bail hearings? new kind of child support called ‘‘res- committing crimes, and we know who Feel free to assume that I am a com- titution.’’ those people are. Of course, the other petent prosecutor who can figure out Or maybe the husband will be satis- amendments to our present Constitu- some administrative details. But, if fied with his new constitutional right tion are no less clear, since they apply you are going to pass this amendment, to notice of his wife’s release from cus- without exception to ‘‘the people,’’ or do not pass the buck to me to decide tody, which will help him track her to ‘‘citizens of the United States,’’ or, who has constitutional rights and who down and exact revenge. in the case of the fourteenth amend- does not. That is your job if you want In some cases, the right end result ment, to ‘‘all persons born or natural- to be a Framer of the Constitution; it may be reached. But the process that ized in the United States and subject to is not the job of individual courts and the proposed amendment seem to in- the jurisdiction thereof.’’ But do we prosecutors. volve bypassing a trial on the merits know who would have rights under the I have talked about two of the most and potentially bypassing family court. proposed victims’ rights amendment? infamous crimes of violence, murder By creating pre-trial rights for an un- The answer in the text of the amend- and robbery. Other crimes, such as defined category of victims, it requires ment is ‘‘a victim of a crime of vio- compound crimes under the federal someone—I guess the prosecutor—to lence.’’ Who is that? Let us make it RICO statute that can include lots of decide who is the victim of a given easy by taking the most obvious crime different criminal acts, some violent crime, and who gets special constitu- of violence—murder. Who is the victim and some non-violent, over an extended tional rights before there has been a of a murder? The last time I prosecuted period of years, will involve even hard- trial or even an indictment. a murder case, the victim was the dead er problems when we try to identify Deciding who has constitutional person. But that answer, what Justice who is and who is not a ‘‘victim of a rights and who does not before there Scalia might call the plain language crime of violence.’’ But we should also has been even an ex parte judicial pro- approach to interpretation, will not do consider the most common form of vio- ceeding is un-American. Doing so in a April 27, 2000 CONGRESSIONAL RECORD — SENATE S2983 case, like a domestic violence case, disparity into the text of the Constitution an unfair characterization of their po- where there are likely to be self-de- are far greater. sition. Well, let us see what their fense issues, risks giving special con- It is interesting to note that in their amendment says. stitutional rights to the criminal in- additional views in this year’s Com- The amendment seems quite candid stead of the victim. mittee report, Senators KYL and FEIN- in admitting that its central terms are One more comment on this half- STEIN do not in any way disagree that yet to be defined. Section 1 says that baked, undefined term ‘‘victim of a the scope of their proposed amendment the new constitutional rights created crime of violence.’’ Thus far, I have dis- is arbitrary. Instead, they explain it as by the amendment go to ‘‘A victim of cussed the easy cases in terms of what a political compromise. a crime of violence, as these terms may constitutes a ‘‘crime of violence’’— I do not recall Madison and Jefferson be defined by law.’’ I take it that murder, robbery, and assault. But saying at the constitutional conven- ‘‘these terms’’ mean the two terms there are a lot of hard cases, too. tion that the provisions they drafted that we have identified as hopelessly Is drunk driving a crime of violence were not great, but politics are politics vague: (1) ‘‘victim’’ and (2) ‘‘crime of if the driver physically injures a pedes- and you should not expect too much. I violence.’’ trian? What if the driver runs over the believe that we owe the American peo- The phrase ‘‘as these terms may be pedestrian’s dog, or crashes into a ple something more than arbitrary po- defined by law’’ is a new one for the parked car? Can the same offense be a litical compromises when we amend United States Constitution. There is a crime of violence if someone is phys- their Constitution. reason for this. Our Constitution was ically injured, but not otherwise? For anyone who shares Senator conceived as, and is, ‘‘the supreme Law What about elder abuse or child HATCH’s and my concerns about the ar- of the Land.’’ abuse? We have all heard heart-break- bitrariness of focusing on ‘‘crimes of As Chief Justice John Marshall ex- ing stories of seniors and disabled peo- violence,’’ there is, by the way, a solu- plained in Marbury versus Madison in ple who have suffered horrible abuse tion at hand. Vote against the proposed 1803, our Constitution, as interpreted and neglect at the hands of their so- constitutional amendment and, in- by the U.S. Supreme Court, is the law called care-givers, and of children stead, pass the Crime Victims Assist- by which our other laws, State and locked up in squalid conditions and ance Act, which provides strong and ef- Federal, are to be judged; it is not subjected to appalling psychological fective rights for all crime victims. whatever our other laws, enacted by abuse by their parents. I have said a lot about the first, and shifting political majorities from time Neglect of the weak and vulnerable most important, seven words of the to time, say it is. in our society by those who have taken proposed amendment; and I could iden- Take, for example, the fourteenth the responsibility of being their care- tify many more problems. But let us amendment guarantee of equal protec- givers can cause as much harm as al- sum up where we are so far. We are not tion of the laws. That does not mean most any violence, without a hand ever sure whether the amendment applies at equal protection ‘‘as defined by law.’’ If being lifted against them. But are ne- all to the most obvious ‘‘crime of vio- it did, the legislature and Governor of glect and non-physical abuse ‘‘vio- lence,’’ murder, and we have no idea Arkansas might have been entitled to lence’’? What about the horrifying who gets the new constitutional rights do what they did in 1957, when they slavery case involving more than 50 for ‘‘victims’’ in a murder case if it ‘‘defined’’ the equal protection rights of public school students to be rights Mexican immigrants in New York a few does. In other fairly common crimes of to a ‘‘separate but equal,’’ racially seg- years ago? Is enslavement a crime of violence such as robbery, the amend- regated education. But our Constitu- violence? And what about kidnapping? ment appears to apply, but even assum- tion has never worked that way, and in If a parent who has been denied legal ing clear and simple facts, we are not 1958, in Cooper versus Aaron, the Su- custody of a child kidnaps the child, is sure which type of person affected by preme Court rightly ruled that Arkan- that a crime of violence, and if so, who the crime gets to exercise the ‘‘vic- sas’ attempt to redefine the fourteenth is the victim, the child, the custodial tim’s’’ rights, and the answer may well amendment was unconstitutional, and parent or both? be a large number of people affected in The words of the proposed amend- desegregated Arkansas’ schools. vastly different ways—some physically, Our Constitution has a provision, and ment do not answer these questions. some emotionally, and some finan- The majority report suggests answers, a process, for defining new constitu- cially—who have vastly different views tional rights or for redefining existing some of which seem to stretch the con- and interests. In what is probably the cept of a ‘‘crime of violence’’ to the constitutional rights. That provision, most common violent crime scenario, the amendment provision, is in Article breaking point. It suggests, for exam- domestic violence, the amendment ap- ple, as possible crimes of violence bur- V. Article V provides for two-thirds of pears to require the prosecutor to de- the members of both Houses of Con- glary, driving while intoxicated, espio- cide who is the criminal and who is the nage, stalking, and the unlawful dis- gress, plus three-fourths of the State victim as a constitutional matter, legislatures, to amend the Constitution playing of a firearm—very serious without the benefit of evidence at trial crimes, but crimes that usually do not when ‘‘necessary’’. It does not provide and without participation of judge or for us to pass the buck to bare majori- involve ‘‘violence’’ in the normal sense jury. And then we have what perhaps ties in State legislatures or in a future of the word. we should call ‘‘borderline crimes,’’ a Congress to define or redefine constitu- Last year, Senator HATCH criticized wide range of crimes that may or may the proposed amendment’s reliance on tional rights as we go along. not be classified as crimes of violence. As a matter of principle, therefore, I the term ‘‘crime of violence’’ as ‘‘arbi- On the ‘‘of violence’’ issue, Senator believe that an ‘‘as may be defined by trary.’’ I can do no better than to quote HATCH has raised troubling concerns law’’ provision is an abdication of our his language: that it is arbitrary as a matter of prin- duty, sitting as we do today as con- I believe we must tread carefully when as- ciple. I agree, and add the further con- stitutional Framers, to provide clear signing constitutional rights on the arbi- cern that it is yet another huge point trary basis of whether the legislature has constitutional standards against which classified a particular crime as ‘‘violent’’ or of uncertainty as to the meaning of other laws may be judged. In a con- ‘‘non-violent.’’ Consider, for example, the this amendment. On this and other stitutional democracy, the rule of law relative losses of two victims. First, consider points, the answer of the amendment’s means that constitutional rights are to the plight of an elderly woman who is vic- supporters appears to be ‘‘don’t worry, be found in the Constitution, not in or- timized by a fraudulent investment scheme someone else will figure this out dinary statutes passed from time to and loses her life’s savings. Second, think of later.’’ time. a college student who happens to take a ‘‘Don’t worry, someone else will fig- If we are going to pass the buck, we punch during a bar fight which leaves him ure this out later.’’ I think we can all should at least be clear about who we with a black eye for a couple of days. I do agree that is not a principle that Con- not believe it to be clear that one of these are passing it to. Who gets to write the victims is more deserving of constitutional gress should ever follow, especially not ‘‘law’’ that ‘‘define[s]’’ the critical protection than the other. While such dis- in the context of a constitutional terms of this constitutional amend- tinctions are commonly made in criminal amendment. Supporters of the amend- ment? This is yet another basic ques- statutes, the implications for placing such a ment will no doubt contend that it is tion that the amendment itself does S2984 CONGRESSIONAL RECORD — SENATE April 27, 2000 not answer. So I have studied the Com- rights. In the fourteenth and voting the other problem with this amend- mittee report for an answer. rights amendments, the Federal en- ment. Not only is it not perfect; it is In a statement that must be pro- forcement power against the States not well-drafted. In fact, it is remark- foundly troubling to those Senators was justified by the long history of re- ably sloppy. who complain regularly about ‘‘activist sistance of certain States to the Fed- I have just discussed the two major judges’’ making law, the report first eral constitutional mandates for equal problems with the text of the amend- says that ‘‘[t]he ‘law’ which will define protection of law and equal voting ment. Section 1 creates a complex a ‘victim’ (as well as ‘crime of vio- rights. But there is no such history of scheme of new federal constitutional lence’) will come from the courts inter- State abuses with respect to victims’ rights without saying with any clarity preting the elements of criminal stat- rights. In fact, many States provide who is entitled to those rights, then utes until definitional statutes are more protections for crime victims says ‘‘don’t worry; someone, some- passed explicating the term.’’ This, I than Federal law provides. where, in a court or in Congress or in suppose, is the ‘‘don’t worry, the courts The majority report alleges no con- the States, will make a law that will will figure it out’’ theory. Anyone who flict between States and the Federal identify who gets these rights.’’ Sec- subscribes to this theory should be pre- Government that would necessitate a tion 3 then empowers Congress to en- pared to confirm the most activist Federal enforcement power. Rather, force those rights on behalf of these judges this country has ever seen, be- the reason given by the amendment’s yet-to-be-identified people against the cause that is certainly the vaguest, principal sponsors for putting victims’ States, not because the States are un- blankest check that has ever been writ- right in the Federal Constitution at all willing to recognize those rights, but ten to the judiciary. is that the States supposedly need Fed- because Congress has been empowered The Committee report ‘‘anticipates’’ eral help to protect them effectively. to enforce other constitutional rights that judicial law-making under this They claim that: in the past, so ‘‘why not here.’’ constitutional amendment may be States have had difficulty extending rights I do not want to skip section 2. Let short-lived—that Congress and the to victims of crime through State statutes me read you a sentence: State legislatures would quickly step and constitutional amendments precisely be- Nothing in this article shall provide cause courts are used to considering, first in and enact ‘‘definitional laws’’ for grounds to stay or continue any trial, reopen and foremost, Federal constitutional rights. any proceeding or invalidate any ruling, ex- purposes of their own criminal sys- By extending Federal rights to victims cept with respect to conditional release or tems. throughout the States, it will then become restitution or to provide rights guaranteed It is worth pausing for a moment to easier for State criminal justice systems to by this article in future proceedings, without consider what this means. One of the protect the rights of victims. staying or continuing a trial. main arguments that we have heard in I frankly do not understand this ex- Let us call that ‘‘the tax lawyer’s support of this amendment is that we planation. If you want to empower provision,’’ since it is so obscure that I need to eliminate the current ‘‘patch- State courts to take State statutes and think only someone who has spent half work’’ of victims’ rights. constitutional amendments seriously, their life plumbing the depths of the We are told we need this amendment the last thing you do, I would think, is tax code could understand it. It would because even though all 50 States pro- impose a complex new Federal man- certainly be the first triple negative in vide rights for victims, the rights vary date on them. If you want to help will- the United States Constitution. I think from State to State. A constitutional ing States protect victims, the last that ‘‘Nothing in this article shall pro- amendment that may be defined dif- thing you do, I would think, is to place vide grounds to stay or continue any ferently from State to State would not their criminal justice systems under trial’’ should be a sentence on its own, correct this situation —it would simply congressional supervision and subject since I do not think that this rule ends replace one patchwork with another. them to Federal enforcement through up being subject to the exception, in The superficially simple concept of the Federal courts. light of the exception to the exception, basic baseline rights for victims will We are left, therefore, with an en- but frankly I am not sure. fracture into more than 50 different forcement provision that mimics other I am also puzzled by the exception schemes of rights. I do not think that amendments, but without any sugges- that appears to allow victims to reopen there is anything wrong with such di- tion of the need to coerce recalcitrant proceedings or invalidate rulings ‘‘to versity; indeed, I believe that the States that justified such provisions provide rights guaranteed by this arti- present system of defining crimes and elsewhere. Coercing the States here be- cle in future proceedings.’’ If the con- the rights of crime victims and enforc- cause we have done it before in other cern is with future proceedings, I see ing criminal justice primarily at the contexts is harmful to State sov- no need for the exception to allow the State level has served this country well ereignty. And empowering Congress to reopening of present proceedings. But throughout our history. But I do object enforce against the States constitu- maybe I missed a turn somewhere in to a shell game that dresses up rights tional rights which it is up to the the drafters’ maze. defined by State law as Federal con- States to define is likely to be futile. If Regardless of how it is ultimately in- stitutional rights, thus trivializing the the goal is, as asserted, to help the terpreted, this intricate web of excep- United States Constitution and casting States protect victims’ rights, we tions is not the stuff of a Constitution. doubt on the rights that it currently should not be piling new constitutional One of the great virtues of our Con- protects. duties on the States; we should be pro- stitution is that it speaks with a clear Finally, I should note that the ‘‘as viding assistance. Instead of threat- voice, articulating principles of justice these terms may be defined by law’’ ening them with the stick of federal that ordinary Americans can under- provision is not the only delegation in enforcement, I believe that we should stand. The proposed amendment fails this proposed amendment. Section 3 offer the States the carrot of funding to meet that standard. provides that ‘‘The Congress shall have for the protection of victims’ rights. If Finally, let me say a few words about the power to enforce this article by ap- you agree with me, you should reject section 5, which states that the new propriate legislation.’’ In their addi- this amendment and, instead, support constitutional rights for victims shall tional views, Senators KYL and FEIN- the Crime Victims Assistance Act. apply ‘‘in Federal and State pro- STEIN note that they originally pro- Senators KYL and FEINSTEIN urge us ceedings, including military pro- posed to give enforcement power to the not to make perfect the enemy of the ceedings to the extent that the Con- States as well as to Congress, but then good. If this amendment responded to gress may provide by law, juvenile jus- reached another of this amendment’s an urgent need that could not be met tice proceedings, and proceedings in political compromises. by statute, and if it were well-drafted the District of Columbia and any com- I am, however, mystified as to what but imperfect, I would give that argu- monwealth, territory, or possession of function the section 3 enforcement ment serious consideration. I have ex- the United States.’’ This section is power could possibly serve. Similar plained before why I believe the goals truly an enigma. No provision of the provisions are contained in the four- of this amendment are not merely ade- current Federal Constitution goes into teenth amendment and in the various quately served, but better served, by detail about its geographic scope. amendments that protect voting statute. But I want to highlight briefly There is a reason for that. April 27, 2000 CONGRESSIONAL RECORD — SENATE S2985 The purpose of the Bill of Rights, as WASHINGTON BUREAU—NATIONAL adding a ‘‘Victims’ Rights Amendment’’ to envisioned by the Framers, was to pro- ASSOCIATION FOR THE ADVANCE- the Constitution (S.J. Res. 3). Although we vide a fundamental uniform platform MENT OF COLORED PEOPLE, commend and share the desire to help crime of rights enjoyed by all people through- Washington, DC, April 10, 2000. victims, amending the Constitution to do so out the United States. Of course every Hon. PATRICK J. LEAHY, is both unnecessary and dangerous. Indeed, U.S. Senate, ultimately the amendment is likely to be provision of the Constitution applies Washington, DC. counter-productive in that it could hinder ef- throughout the United States. The fact DEAR SENATOR LEAHY: Since this nation fective prosecution and put an enormous that the drafters of this amendment was first founded, Americans of color have burden on state and federal law enforcement felt the need to state that here sug- been the victims of all types of crimes—both agencies. gests a fundamental confusion about violent and non-violent—in disproportion- The Constitution has been amended only 17 the nature of the Federal Constitution, ately high numbers. It is for this reason that times since ratification of the Bill of Rights which is, by definition, the supreme the National Association for the Advance- in 1791. Amendments should be added to our law of the land. It was, perhaps, that ment of Colored People (NAACP) has always basic charter of government only when there had a keen interest in seeing that crime vic- same confusion that led them to pro- is a pressing need that cannot be addressed tims are treated honorably, fairly and com- in any other way. No such necessity exists in vide for the key phrase of this federal passionately by the American judicial sys- constitutional amendment, ‘‘a victim order to protect the rights of crime victims. tem, and that in the end they feel that jus- Virtually every right contained in the pro- of a crime of violence,’’ to be defined tice has been served. posed Victims’ Rights Amendment can be by a patchwork of State and Federal Yet people of color have also historically safeguarded by statute. been wrongly accused in this nation of statutes. Thirty-three states have passed constitu- crimes varying from the very minor to the A degree of uncertainty at the mar- tional amendments and every state has ei- most heinous. It is for this reason that the gins on questions of law and fact may ther a state constitutional amendment or NAACP has also been a strong and steadfast be inevitable in legislation. But, de- statute that protects victims’ rights. Many supporter of the Constitution, the Bill of spite the fact that it would be one of of the rights offered by the VRA are already Rights, and the concept of due process in the protected by these laws. For example, res- the longest-ever amendment to the American judicial system. It is our deeply titution for crime victims is required in fed- Constitution, the half-baked proposal held belief in the need to protect the inno- eral court by the Antiterrorism and Effec- before the Senate is hopelessly vague cent and allow every American the right to tive Death Penalty Act of 1996 and in every on the basics. I do not know from look- a fair trial that leads us to oppose S.J. Res. state by statute or constitutional amend- ing at this amendment and listening to 3, the proposed constitutional amendment to ment. Similarly, the right of victims to at- protect the rights of victims of crimes. its supporters when it applies and who tend proceedings can be protected by statute While we are very sympathetic to the it applies to, or how that will be fig- as shown by laws that exist in many states rights and the needs of crime victims ured out. and by the recent federal legislation that throughout this nation, and while we agree Senator HATCH has made many of the mandates that victims be allowed to attend that victims are often not treated as com- even if they will be testifying during the sen- same points about this proposed con- passionately as they should be by the judi- tencing phase of the proceedings. Victim im- stitutional amendment. At our last cial system, the NAACP does not believe pact statements are now a routine part of Committee markup in September 1999, that S.J. Res. 3 is the answer. Rather than sentencing proceedings at both the federal however, the distinguished Senator expend the time and energy necessary for the and state levels. There is every reason to be- from Utah said that he intended to enactment of an amendment to the Constitu- lieve that the legislative process will con- tion, the NAACP urges you to work together vote for this amendment, even though tinue to be responsive to protecting crime and with state legislatures to develop com- he has ‘‘real questions’’ about it, ‘‘be- victims so that there is simply no need to prehensive packages of laws that address the cause of the hard work that has been amend the Constitution to accomplish this. put into it.’’ I cannot go along with specific and diverse needs of crime victims. The statutory route is preferable as it is Not only is the VRA unnecessary, there are that reasoning. I commend the efforts easier to update laws and to fit them to the grave dangers in amending the Constitution. of those who have worked on this changing yet very specific needs of victims, The framers were aware of the enormous amendment, as I commend the efforts and laws, as opposed to a broadly worded power of the government to deprive a person of Federal and State legislators across constitutional amendment which is less like- of life, liberty and property in criminal pros- the country who have worked to pro- ly to have long-lasting negative repercus- ecutions. The constitutional protections ac- vide rights for victims of crime. sions on the rights of the accused. corded criminal defendants are among the But ‘‘A’’ for effort is not good enough The NAACP appreciates and commends the most precious and essential liberties pro- if it means subjecting the American attempts of the members of the Senate to vided in the Constitution. The VRA will un- dermine these basic safeguards. For example, people to a ‘‘C’’-grade Constitution. improve the way in which the American judi- cial system treats crime victims, and we the proposed Amendment would give a crime As a Senator, I believe I have a con- victim the right ‘‘[t]o a final disposition of stitutional duty not to inflict on the agree that we can and should do more to see that victims feel safe and have closure after the proceedings relating to the crime free American people and our busy courts a their ordeal. We support efforts to pass laws from unreasonable delay.’’ Any victim of a new constitutional provision when I that help victims of crimes, and we would violent crime has standing under the Amend- and they have no idea what it means in like to work with you to develop a more nar- ment to intervene and assert a constitu- the most obvious type of case to which rowly tailored and effective package. Yet we tional right for a faster disposition of the it theoretically might apply. And I cannot support S.J. Res. 3 for, as well mean- matter. This could be used to deny defend- have a constitutional duty as a Sen- ing as it is, we have grave concerns that the ants needed time to gather and present evi- ator not to pass the buck to the courts negative effects this amendment would have dence essential to prepare their defense, re- on the rights of the accused seeking a fair sulting in innocent people being convicted. by saying, ‘‘Here’s a new constitutional It could also be used to force prosecutors to provision that no one understands. Go and impartial trial would outweigh the bene- fits it bestows upon victims. trial before they are ready, leading to guilty make something up.’’ Thank you in advance for your attention people going free. When Madison, Jefferson and their to the concerns of the NAACP. If you have Section three of the proposed Amendment compatriots wrote the original Con- any questions or comments, I hope that you authorizes Congress to enact legislation to stitution, they did not settle for ‘‘don’t will feel free to contact me at (202) 638–2269. enforce the Amendment. This authority worry, someone else will figure this out I look forward to working with you on this could be used to negate the rights of crimi- later.’’ Nor should we. serious and important issue. nal defendants in an effort to protect crime I ask unanimous consent to include Sincerely, victims. Courts would then face the enor- in the RECORD, a letter to me from the HILARY O. SHELTON, mously difficult task of determining the ex- NAACP dated April 10, 2000, opposing Director. tent to which legislation to implement the the proposed constitutional amend- new Amendment can undermine the rights of April 19, 2000. those accused of crimes. ment, and a letter to Senators LOTT Hon. TRENT LOTT, Moreover, the Amendment is likely to be and DASCHLE dated April 19, 2000, from Senate Majority Leader, Russell Senate Office over 300 law professors opposing the counter-productive because it could hamper Building, Washington, DC effective prosecutions and cripple law en- proposed amendment as unnecessary Hon. TOM DASCHLE, forcement by placing enormous new burdens and dangerous. Senate Minority Leader, Hart Senate Office on state and federal law enforcement agen- There being no objection, the mate- Building, Washington, DC. cies. Prosecutions could be hindered by the rial was ordered to be printed in the DEAR SENATORS LOTT AND DASCHLE: We are creation of an absolute right for crime vic- RECORD, as follows: law professors and practitioners who oppose tims to attend and participate in criminal S2986 CONGRESSIONAL RECORD — SENATE April 27, 2000 proceedings. In many instances, the testi- sity Law School; Prof. Katharine T. Law; Prof. Eva Hanks, Yeshiva Univer- mony of a prosecutorial witness will be com- Bartlett, Duke University Law School; sity, Benj. Cardozo, School of Law; promised if the person has heard the testi- Prof. Robert Batey, Stetson University Dean Joseph D. Harbaugh, Nova South- mony of other witnesses. Yet, the proposed College of Law; Prof. Christopher L. eastern University, Shepard Broad Law Amendment creates a constitutional right Blakesley, Louisiana State University Center; Prof. David Harris, University for a victim to be present at criminal pro- Law Center; Prof. Jack Charles Boger, of Toledo College of Law; Prof. Lynne ceedings even over defense or prosecution ob- University of North Carolina School of Henderson, Stanford Law School; Prof. jections. Law; Prof. Jean Boylan, Loyola Law Susan N. Herman, Brooklyn Law Prosecutorial efforts could also be ham- School, Los Angeles, CA; Prof. Ralph School. pered by the ability of crime victims to Brill, Chicago-Kent College of Law. Prof. William S. Geimer, Washington and ‘‘submit a written statement . . . to deter- Prof. Peter Arenella, University of Cali- Lee University School of Law; Prof. mine . . . an acceptance of a negotiated plea fornia, Los Angeles School of Law; Bennett L. Gershman, Pace University or sentence.’’ It is unclear how much weight Prof. David Baldus, University of Iowa School of Law; Prof. Daniel J. judges will be required to give to a crime vic- College of Law; Prof. Fletcher N. Bald- Goldberger, Ohio State University Col- tim’s objection to a plea bargain. Over 90 win, Jr., University of Florida College lege of Law; Prof. Phyllis Goldfarb, percent of all criminal cases do not go to of Law; Prof Susan Bandes, DePaul Boston College Law School; Prof. Rob- trial but are resolved through negotiation. University College of Law; Prof. Ste- ert D. Goldstein, University of Cali- Even a small increase in the number of cases phen F. Barnett, University of Cali- fornia, Los Angeles School of Law; going to trial would unduly burden prosecu- fornia, Berkeley School of Law; Prof. Prof. Ken Graham, University of Cali- tors’ offices. There are many reasons why Donald F. Clifford, University of North fornia, Los Angeles School of Law; prosecutors enter into plea agreements such Carolina School of Law; Prof. Donna Prof. Samuel Gross, University of as allocating scarce prosecutorial resources, Coker, University of Miami School of Michigan Law School; Prof. Martin concerns about weaknesses in the evidence, Law; Prof. David Cole, Georgetown Guggenhein, New York University or strategic choices to gain the cooperation University Law Center; Prof. John O. School of Law; Prof. Paul M. Kurtz, of one defendant to enhance the likelihood of Cole, Mercer University Law School; convicting others. Prosecutorial discretion Prof. Doriane L. Coleman, Duke Uni- University of Georgia School of Law; would be seriously compromised if crime vic- versity School of Law; Prof. George Prof. David L. Lange, Duke University tims could effectively obstruct plea agree- Copacino, Georgetown University Law School of Law; Prof. Richard Lempert, ments or require prosecutors to disclose Center; Prof. James D. Cox, Duke Uni- University of Michigan Law School; weaknesses in their case in order to persuade versity School of Law; Prof. Jerome Prof. David Leonard, Loyola Law a court to accept a plea. McCristal Culp, Duke University School, Los Angeles CA. The Amendment would impose tremendous School of Law. Prof. Randy Hertz, New York University financial costs on state and federal law en- Prof. Mark Brown, Stetson University School of Law; Lecturer Kenneth E. forcement agencies. These departments College of Law; Prof. John Burkoff, Houp, Jr., University of Texas School would be constitutionally required to make University of Pittsburgh School of of Law; Prof. Alan Hyde, Rutgers Uni- reasonable efforts to find and notify crime Law; Prof. Paul D. Carrington, Duke versity School of Law; Prof. Stewart victims every time a case went to trial, University School of Law; Prof. George Jay, University of Washington School every time a criminal case was resolved, and C. Christie, Duke University School of of Law; Prof. Paul R. Joseph, Nova every time a prisoner was released from cus- Law; Prof. C. Antoinette Clarke, Uni- Southeastern University Law Center; tody. Additionally, the Amendment can be versity of Arkansas at Little Rock Prof. Yale Kamisar, University of interpreted as creating a duty for the gov- School of Law; Prof. Christine Desan, Michigan Law School; Prof. Mark ernment to provide attorneys for crime vic- Harvard University Law School; Prof. Kelman, Stanford Law School; Prof. tims. The term ‘‘victim’s representative’’ in Norman Dorsen, New York University Bailey Kuklin, Brooklyn Law School; section two might well be seen as creating a School of Law; Prof. Donald W. Dowd, Prof. Brenda Jones Quick, Detroit Col- right to counsel in order to adequately pro- Villanova University School of Law; lege of Law at Michigan State; Assoc. tect these newly created rights. Criminal de- Prof. Joshua Dressler, McGeorge Prof. Kathleen Ridofi, Santa Clara Uni- fendants do not receive adequate counsel in School of Law, University of the Pa- versity School of Law; Prof. Dean H. many cases. Adding the financial burden of cific; Prof. Robert F. Drinan, George- Rivkin, University of Tennessee Col- providing counsel to victims will likely fur- town University Law Center; Assoc. lege of Law; Prof. Robert Rosen, Uni- ther limit defendants’ access to counsel. Prof. James Joseph Duane, Regent Uni- versity of Miami School of Law. Protecting crime victims by federal and versity School of Law; Prof. Melvyn R. Prof. Christine A. Littleton, University state statutes provides flexibility that is ab- Durchslag, Case Western Reserve Uni- of California, Los Angeles School of sent in a federal constitutional amendment. versity Law School; Prof. Fernand N. Law; Prof. Holly Maguigan, New York Moreover, amending the Constitution in this Dutile, Notre Dame Law School. University School of Law; Prof. Mari way changes basic principles that have been Prof. Harlon L. Dalton, Yale Law School; Matsuda, Georgetown University Law followed throughout American history. Prin- Prof. Wes Daniels, University of Miami Center; Prof. Christopher May, Loyola ciples of federalism always have allowed School of Law; Prof. Richard A. Dan- Law School, Los Angeles CA; Prof. states to decide the nature of the protection ner, Duke University School of Law; Carolyn Mc Allaster, Duke University of victims in state courts. The ability of Prof. George C. Christie, Duke Univer- School of Law; Prof. Andrew McClurg, states to decide for themselves is denied by sity School of Law; Prof. Derryl D. University of Arkansas, Little Rock this Amendment. Also, no longer would pro- Dantzler, Mercer University Law School of Law; Prof. Joel S. Newman, tecting the rights of a person accused of School; Prof. James J. Fishman, Pace Wake Forest University School of Law; crime be a preeminent focus of a criminal University School of Law; Prof. Cath- Prof. James O’Fallon, University of Or- trial. erine Fisk, Loyola Law School, Los egon School of Law; Prof. Robert Pop- Crime victims deserve protection, but that Angeles CA; Prof. Alyson Floumoy, per, University of Missouri-Kansas City must not be accomplished at the expense of University of Florida College of Law; School of Law; Assoc. Prof. Grayfred B. the rights of the accused. As law professors Prof. Judy Fonda, Loyola Law School, Gray, University of Tennessee College and practitioners we urge the rejection of Los Angeles CA; Prof. Eric M. Freed- of Law; Prof. Clyde Spillenger, Univer- the proposed Victim’s Rights Amendment as man, Hofstra University School of sity of California, Los Angeles School unnecessary and dangerous. Law; Prof. Monroe H. Freedman, of Law; Prof. Joan Steinman, Chicago- Sincerely, Hofstra University School of Law; Kent College of Law. Prof. Richard Abel, University of Cali- Prof. Richard D. Friedman, University Prof. Thomas D. Rowe, Jr., Duke Univer- fornia, Los Angeles School of Law; of Michigan Law School; Prof. Edward sity School of Law; Prof. Susan Prof. David Abraham, University of McGuinn Gaffney, Jr., Valparaiso Uni- Rutberg, Golden Gate University Miami School of Law; Prof. Catherine versity School of Law. School of Law; Assoc. Dean Rob Adcock Admay, Duke University Prof. Phoebe Ellsworth, University of Saltzman, University of Southern Cali- School of Law; Prof. Albert W. Michigan; Prof. Anne S. Emanuel, fornia Law School; Prof. Michael Alschuler, University of Chicago Law Georgia State University College of Meltsner Northeastern University School; Prof. Scott Altman, University Law; Prof. Deborah Epstein, George- School of Law; Prof. Wallace J. of Southern California Law School; town University Law Center; Assoc. Mlyniec, Georgetown University Law Prof. Anthony G. Amsterdam, New Prof. Bryan K. Fair, University of Ala- Center; Prof. Andre Moenssens, Univer- York University School of Law; Prof. bama School of Law; Prof. Roger Fin- sity of Missouri-Kansas City School of Roger Andersen, University of Toledo dley, Loyola Law School, Los Angeles Law; Prof. Emeritus Melvin G. Shimm, College of Law; Prof. Ellen April, Loy- CA; Prof. Richard K. Greenstein, Tem- Duke University School of Law; Prof. ola Law School, Los Angeles, CA. ple University School of Law; Prof. Kenneth W. Simons, Boston University Asst. Prof. John A. Barrett, Jr., Univer- Ariela Gross, University of Southern School of Law; Prof. J. Clay Smith, Jr., sity of Toledo College of Law; Prof. California Law School; Prof. Phoebe A. Howard University School of Law; Elizabeth Bartholet, Harvard Univer- Haddon, Temple University School of Prof. Girardeau A. Spann, Georgetown April 27, 2000 CONGRESSIONAL RECORD — SENATE S2987 University Law Center; Prof. H. Rich- Prof. Sarah Welling, University of Ken- Law School; Prof. Harlon L. Dalton, ard Uviller, Columbia University tucky College of Law, Prof. Sally Yale Law School; Prof. Diane School of Law; Prof. William W. Van Frank, Drake University Law School; Geraghty, Loyola University-Chicago; Alstyne, University of California, Los Prof. Kevin W. Saunders, University of Prof. Susan Herman, Brooklyn Law Angeles School of Law. Oklahoma; Prof. Elizabeth Samuels School; Prof. Marina Hsieh, University Prof. Margaret Stewart, Chicago-Kent University of Baltimore School of Law; of Maryland; Prof. Martha Moran, Uni- College of Law; Prof. Allen Sultan, Prof. Anne Schroth, University of versity of Alabama; Prof. Susan Poser, University of Dayton School of Law; Michigan Law School; Prof. David M. University of Nebraska; Prof. David Prof. Nkechi Taifa, Howard University Skover, Seattle University of Law Rudovsky, University of Pennsylvania; School of Law; Prof. J. Alexander School; Prof. Paul H. Brietzke, Prof. Stanley Fisher, Boston Univer- Tanford, Indiana University School of Valparaiso University School of Law; sity; Prof. Sarah Burns, New York Uni- Law Bloomington; Prof. Andrew E. Prof. Christopher D. Stone, University versity School of law. Taslitz, Howard University School of of Southern California Law School; Prof. Roger Goldman, Saint Louis Uni- Law; Prof. David C. Thomas, Chicago- Prof. Theodore J. St. Antoine, Univer- versity; Prof. Frank Askin, Rutgers Kent College of Law; Prof. Jack L. sity of Michigan Law School; Prof. School of Law-Newark; Prof. Vivian Sammons, Mercer University Law Paul Finkelman, University of Tulsa Berger, Columbia Law School; Prof. School; Prof. Jane Schacter, Univer- College of Law; Prof. Robert A. Sedler, Louis D. Bilionis, University of North sity of Wisconsin Law School; Prof. Wayne State University, Detroit Carolina School of Law; Prof. Ronald Michigan; Prof. Joseph Dodge, Univer- Chen, Rutgers School of Law-Newark; Stephen Schnably, University of Miami sity of Texas Law School; Prof. David Prof. Margaret Russell, Santa Clara School of Law; Prof. Peter Tillers, Ye- E. Vandercoy, Valparaiso University University; Prof. Phillipa Strum, shiva University, Benj. N. Cardozo School of Law. Wayne State University Law School,; School of Law; Prof. Laura Prof. Glenn Harlan Reynolds, University Prof. Leland Ware, Saint Louis Univer- Underkuffler, Duke University School of Tennessee College of Law; Prof. sity; Prof. Gary Williams, Loyola Uni- of Law; Prof. Charles Ogletree, Harvard Peter Linzer, University of Houston versity-Los Angeles; Prof. Emeritus Law School. Law Center; Prof. Robert A. Burt, Yale Eugene Feingold, University of Michi- Prof. Michael Vitiello, McGeorge School Law School; Prof. Jerome H. Skolnick, gan; Prof. Frances Ansley, University of Law, University of the Pacific; Prof. New York University Law School; Prof. of Tennessee College of Law; Prof. Ger- Welsch S. White, University of Pitts- Jordan Paust, University of Houston ald E. Uelmen, Santa Clara University; burgh School of Law; Prof. Donald E. Law Center; Prof. Speedy Rice, Gon- Prof. Elizabeth M. Schneider, Brooklyn Wilkes, Jr., University of Georgia zaga University School of Law; Prof. Law School; Prof. David R. Dow, Uni- School of Law; Prof. Gary Williams, Larry Yackle, Boston University; Prof. versity of Houston Law Center. Loyola Law School, Los Angeles CA; Stanley Fisher, Boston University; Prof. Michael Kent Curtis, Wake Forest Prof. Bernard Wolfman, Harvard Uni- Prof. Thomas Baker, Drake University University School of Law; Assoc. Prof. versity Law School; Prof. Larry W. Law School; Prof. Lee Pizzimenti, Uni- Morris Bernstein, University of Tulsa Yackle, Boston University School of versity of Toledo College of Law; Prof. College of Law; Prof. John M. Levy, Law; Prof. George C. Thomas III, Rut- Howard M. Friedman, University of To- William and Mary Law School; Prof. gers, S.I. Newhouse Center for Law and ledo College of Law; Prof. Daniel J. Denise Morgan, New York University Justice; Prof. Larry Alexander, Univer- Steinbock, University of Toledo Col- Law School; Assoc. Prof. Stephen C. sity of San Diego; Assoc. Dean Fred G. lege of Law; Prof. Alexander M. Thaman, Saint Louis University; Prof. Slabach, Whittier Law School; Prof. Capron, University of Southern Cali- Lefty Becker, University of Con- William Wesley Patton, Whittier Law fornia Law Center. necticut School of Law; Prof. Ira C. School; Assoc. Prof. Rachel Vorspan, Prof. Gary S. Gilden, Pennsylvania State Lupu, George Washington University Fordham University School of Law; University; Prof. Gary Blasi, Univer- Law School; Assoc. Dean Ralph G. Prof. Alyson Cole, University of Michi- sity of California, Los Angeles Law Steinhardt, George Washington Univer- gan. School; Prof. Stephen C. Yeazell, Uni- sity Law School; Prof. Judith T. Prof. Angela Jordan Davis, Washington versity of California, Los Angeles Law Younger, University of Minnesota; College of Law America University; School; Prof. Kenneth Brown, Univer- Prof. Ruti Teitel, New York Law John Payton, Wilma, Cutler & Pick- sity of North Carolina Law School; School; Assoc. Prof. Sibyl Marshall, ering Washington, DC; Assoc. Prof. Prof. John Copacino, Georgetown Uni- University of Tennessee Law School; Paulette J. Williams, University of versity Law Center; Prof. James Klein, Prof. Janet Cooper Alexander, Stanford Tennessee College of Law; Prof. Susan University of Toledo College of Law; Law School; Prof. Arnold H. Loewy, Looper-Friedman Capital University Prof. Jane R. Wettach, Duke Univer- University of North Carolina School of Law School; Asst. Prof. Mellissa Cole, sity Law School; Prof. Naomi Mezey, Law; Mr. Norman Dorsen, New York St. Louis University School of Law; Georgetown University Law Center; University Law School. Prof. Beatrice Moulton, University of Brian Wolfman, Public Citizen Litiga- Prof. Joel M. Gora, Brooklyn Law California Hastings College of the Law; tion Group, Washington, DC; Prof. School; Prof. David Weissbrodt, Uni- Prof. Victor Romero, Pennsylvania Kimberley Hall Barlow, University of versity of Minnesota; Prof. David State University, Dickinson School of California at Los Angeles Law School; Kairys, Temple University School of Law; Prof. Peter Edelman, Georgetown Prof. Diane Dimond, Duke University Law; Prof. Don Doernburg, Pace Uni- University Law Center; Prof. Richard Law School. versity School of Law; Prof. Lois Cox, B. Bilder, University of Wisconsin Law Prof. Eugene Volokh, University of Cali- University of Iowa College of Law; School; Prof. Robert P. Schuwert, Uni- fornia, Los Angeles Law School; Prof. Prof. Emeritus Samuel Mermin, Uni- versity of Houston Law Center; Prof. James G. Pope, Rutgers State Univer- versity of Wisconsin; Prof. Steven G. Ellen Suni, University of Missouri- sity S.I., Newhouse Center for Law and Gey, Florida State University College Kansas City School of Law; Prof. Justice; Prof. Mary Ellen Gale, Whit- of Law; Prof. Aviam Soifer, Boston Col- Nancy Levit, University of Missouri tier Law School; Prof. Susan H. Her- lege Law School; Prof. Arthur S. Leon- School of Law. man, Brooklyn Law School; Prof. Na- ard, New York Law School; Prof. Emer- Prof. James G. Wilson, Cleveland State dine Strossen, New York Law School; itus Ted Finman, University of Wis- University Law School; Lecturing Fel- Prof. Richard Klein, Touro College consin-Madison; Prof. Lawrence M. low Brenda Berlin, Duke University Jacob D. Fuchsburg Law Center; Prof. Grosberg, New York Law School; Prof. Law School; Prof. Gilbert Paul Lori Andrews, Chigago-Kent College of Eric Janus, William Mitchell College of Carrasco, University of Oregon Knight Law; Prof. Craig Bradley, Indiana Uni- Law; Assoc. Prof. Michael J. Gilbert, Law Center; Prof. Douglas J. Whaley, versity-Bloomington School Law; Prof. University of Texas-San Antonio; Prof. Ohio State University College of Law; Christine Goodman, University of Cali- Jordan J. Paust, University of Houston Dean McClindon, Howard University; fornia, Los Angeles School of Law; Law Center. Dean Michael Newsom, Howard Univer- Prof. Peter Lushing, Yeshiva Univer- Prof. Carlin Meyer, New York Law sity; Prof. Morell E. Mullins, Univer- sity, Benj. N. Cardozo School of Law; School; Prof. Lawrence O. Gostin, sity of Arkansas-Little Rock Law Prof. John Scanlan; Indiana Univer- Georgetown University; Prof. Mark School; Prof. Joseph F. Smith, Jr., sity-Bloomington, School of Law. Strasser, Capital University Law Nova Southeastern University Law Prof. David L. Chambers, University of School; Prof. Bruce J. Winick, Univer- Center; Prof. Dan Simon, University of Michigan Law School; Prof. Stewart J. sity of Miami School of Law; Prof. Southern California Law School; Schwab, Cornell University Law Brian Bix, Quinnipiac Law School; Assoc. Prof. Gary L. Anderson, Univer- School; Prof. Bridget McCormack, Uni- Prof. Ronald D. Rotunda, University of sity of Tennessee College of Law; Prof. versity of Michigan Law School; Prof. Illinois College of Law; Assoc. Prof. Derrick Bell, New York University Law Natsu Taylor Saito, Georgia State Uni- Kathleen Wait, University of Tulsa School; Prof. Leroy D. Clark, Catholic versity Law School; Prof. Patricia College of Law; Prof. Donald N. University Law School. Bryan, University of North Carolina Bersoff, Villanova Law School; Prof. S2988 CONGRESSIONAL RECORD — SENATE April 27, 2000 Emeritus Donald P. Rothschild, George ments, I certainly am not against vic- Charles Cotesworth Pinckney, John Washington University Law School; tims’ rights. I am sure I speak for all of Rutledge, Pierce Butler; Georgia, Wil- Mr. Paul Lawrence, Preston Gates & those in this body who oppose this con- liam Few and Abraham Baldwin. Ellis, Seattle, WA; Ms. Wendy C. stitutional amendment. We are not What would they think? What would Nakamura, San Diego, CA; Luz Buitrago, Berkeley, CA; Ms. Marjorie against victims’ rights. I am for vic- they think of this amendment? Not Esman, Adjunct, Tulane Law School. tims’ legitimate rights. As one who has what professor so-and-so of such-and- Prof. Kenneth Lasson, University of Bal- been about as firm as any other Sen- such university may think, but what timore; Prof. Jayne W. Barnard, Wil- ator could be when it comes to dealing would those framers of the Constitu- liam and Mary Law School; Prof. Colin with criminals, as one who believes in tion say if they were here? S. Diver, University of Pennsylvania; capital punishment, as one who be- Most Americans can recall seeing the Asst. Prof. Judge Steve Russell, Uni- lieves in the death penalty, as one who statue of ‘‘Blind Justice’’ holding aloft versity of Texas-San Antonio; Prof. A. has seen a public execution, as one who a balance scale in a courthouse or as a Michael Froomkin, University of logo for a favorite TV crime show. It is Miami School of Law; Ms. Alice believes in making the criminals pay, I Bendheim, Phoenix, AZ; Mr. Roland certainly do not take a back seat to an impressive and powerful representa- O’Hare, Detroit, MI; Mr. William anyone when it comes to supporting le- tion with roots in Greek and Roman Hinkle, Hinkle & Smith, P.C., Tulsa, gitimate victims’ rights. I am for that. mythology. OK; Mr. John Burnett, Little Rock, But I am not for this amendment to The scale symbolizes the impartial AR; Ms. Sandra Michaels, Atlanta, GA; the Constitution of the United States. weighing of evidence, while the blind- Mr. Jeremiah Gutman, New York, NY; I think victims’ rights can be se- folded figure, the goddess Themis, sym- Mr. Paul Grant, Juneau, AK; Prof. cured, are being secured, and will con- bolizes equal justice under the law for David Rudovsky, University of Penn- tinue to have my support, when stat- the accused. sylvania Law School. But in a larger sense, the scale sym- Ms. Gwen Thomas, Aurora, CO; Ms. Alli- utes are devised to protect those son Steiner, Hattiesburg, MS; Ms. rights. But when it comes to amending bolizes something even more signifi- Candace M. Carroll, Sullivan, Hill, the Federal Constitution, that is some- cant. It symbolizes competing inter- Lewin, Rez & Engel, San Diego, CA; thing else. That is entirely another ests—universal tensions, if you will— Prof. Donald N. Bersoff, Villanova Law matter. We don’t need to amend the such as innocence versus guilt, truth School; Ms. Jeanne Baker, Miami, FL; Federal Constitution to secure victims versus falsehood, personal privacy Ms. Denise LeBoeuf, Adjunct Prof, rights. versus the public welfare, the power of Loyola Law School, New Orleans; Prof. I saw them tearing a building down, the State versus the rights of the indi- Rodney Uphoff, University of Okla- vidual. When those scales are put into homa Law Center; Prof. Paul Bergman, A group of men in a busy town; University of California, Los Angeles With a ‘‘Ho, heave, ho’’ and a lusty yell, equilibrium, they are said to be in bal- School of Law. They swung a beam and the sidewall fell. ance, the right side weighed to be ex- The PRESIDING OFFICER (Mr. L. I said to the foreman, ‘‘Are these men skilled actly at level with the left. The type you’d hire if you had to build?’’ When it comes to human affairs, bal- CHAFEE). The Senator from West Vir- He laughed, and then he said, ‘‘No, indeed, ginia. ance is a very difficult state to Just common labor is all I need; achieve. But once achieved, the sweet Mr. BYRD. Mr. President, I have I can easily wreck in a day or two, been asked by the two distinguished harmony of balance—one tension offset That which takes builders years to do.’’ by just the right measure of the com- principal proponents, as I understand I said to myself as I walked away, it, to allow the motion to proceed to be peting tension—allows for the calmest, ‘‘Which of these roles am I trying to play? most rational functioning of man’s in- withdrawn by unanimous consent, Am I a builder who works with care, after which I and others who are op- Building my life by the rule and square? stitutions of order. posed to the constitutional amendment Am I shaping my deeds by a well-laid plan, Nowhere is the example of beautiful could proceed to make our speeches. Patiently building the best I can? and near-perfect balance, despite com- I am opposed to that procedure. I Or am I a wrecker who walks the town, peting and conflicting ambitions, think that if we are going to call up Content with the labor of tearing down?’’ goals, and passions more profoundly constitutional amendments around That is the picture we have before us. demonstrated than in that venerable here—and certainly Senators have a We are talking about the higher law of charter, the U.S. Constitution, which I right to offer constitutional amend- our land, the Constitution of the hold here in my right hand. ments—but if they are going to be United States of America. It was cen- Our Constitution embodies the ac- called up, I think we ought to take the turies in the making, but it can be commodation of such difficult-to-rec- full time and discuss them, the full trivialized in a day. tify aspirations as the National Gov- time allowed to us under the rules and We are talking about the Federal ernment’s need for supremacy and the discuss those amendments—pro and Constitution, the Constitution of the individual State’s need for autonomy. con—and not allow them to be with- United States of America, the Con- Our Constitution satisfies the States’ drawn and then, afterwards make our stitution that was signed by 39 dele- desire to maintain order without tram- speeches. gates on September 17, 1787. pling on the individual’s right to enjoy That does not make sense to this Listen to them: New Hampshire, liberty. Liberty. That is the key word. Senator. They have a perfect right— Nicholas Gilman and John Langdon; Liberty. Our Constitution bestows the proponents—to seek consent to Massachusetts, Nathaniel Gorham and power on the institutions and offices of have the amendments withdrawn. But I Rufus King; Connecticut, Roger Sher- Government in such a way as to allow say, let’s have a full discussion of them man and William Samuel Johnson; New them to adequately carry out their du- and then give consent to their being York, Alexander Hamilton; New Jer- ties and yet be curbed and checked by withdrawn. sey, William Paterson, David Brearley, the duties and responsibilities of other I honor those proponents who have William Livingston, Jonathan Dayton; officials and institutions. Such is the worked hard, especially the two prin- Pennsylvania, Benjamin Franklin, brilliance and the genius of our na- cipal ones, Mr. KYL of Arizona and Mrs. Thomas Mifflin, Robert Morris, George tional charter that it has been amend- FEINSTEIN of California. They are very Clymer, Jared Ingersoll, Thomas ed only 27 times in our more than 200- dedicated, very worthy, very formi- FitzSimons, Gouverneur Morris—the year history. Ten of those 27 amend- dable protagonists. I respect them and tall man with the peg leg—and James ments, of course, comprise the Bill of respect their viewpoints. They have as Wilson; Delaware, George Read, John Rights, leaving only 17 amendments in much right to disagree with me as I Dickinson, Jacob Broom, Richard Bas- these 212 years. Seventeen amend- have with them. They certainly have sett; Maryland, Daniel of St. Thomas ments. the right to their viewpoints. I do not Jenifer, Daniel Carroll, James One of those—the prohibition amend- quarrel with that right at all. McHenry; Virginia, George Wash- ment of 1919—was repealed, wiped out— Let me also say to the victims of ington, John Blair, James Madison; that was the 18th amendment; it was crime, wherever they may be, if they North Carolina, William Blount, Rich- wiped out by the 21st amendment. So be watching, listening or reading the ard Dobbs Spaight, Hugh Williamson; take one away—the 18th amendment— congressional record of these state- South Carolina, Charles Pinckney, and that leaves only 16 amendments. April 27, 2000 CONGRESSIONAL RECORD — SENATE S2989 One might say: How about the 21st That is why I have taken the floor on constitutional amendments in general, amendment, which wiped it out? Don’t yesterday, that is why I have taken it and of this constitutional amendment subtract that one because there is a today, and that is why I shall take it, in particular. portion of that amendment that is still the Lord willing, time and time again To those victims out there who are in the Constitution, and it will remain in the days to come. watching over that electronic eye, let there until such time as it may be re- These amendments are proliferating me assure you again that I am for your pealed. But you might say there are 16 at an alarming level. It seems that we legitimate rights. But I am not for add- amendments. Over 11,000 amendments are almost intent on disrupting what ing an amendment to the Constitution. to the Constitution have been intro- has served us and continues to serve us It isn’t necessary. duced in both Houses. so well—the elegant wisdom and the The amendment which is being pro- The men who created this amazing— very careful balance inherent in the posed is intended to restore and pre- and it is amazing. One may read Constitution. For the second time serve—although I understand there Shakespeare and one may read the within 30 days, the U.S. Senate—that were some negotiations going on with Bible time and time and time again, remarkable body which Gladstone, who respect to this amendment as to how it and each time one reads that Holy had been Prime Minister of Britain might be changed and altered from Writ, he or she will find something four times, remarked about—‘‘that re- what it is in the printed amendment new—every time. But think of this markable body,’’ the U.S. Senate, ‘‘the upon the desks of Senators, negotia- truly amazing, durable Constitution. It most remarkable of all of the inven- tions going on with the White House, I is a durable crucible for liberty. The tions of modern politics,’’ the U.S. Sen- understand. Why the White House? men who created this durable, amaz- ate is being called upon to adopt an What do they have to do with it? The ing, wonderful crucible for liberty were amendment to the U.S. Constitution. President of the United States doesn’t students of history and students of var- It would be laughable if it weren’t so sign a joint resolution that carries a ious methods of governing going back, serious. constitutional amendment. That is a back, back, back, back into the misty Who are we to conjure up all of these joint resolution that doesn’t go to the centuries of antiquity, long before 1787. myriad amendments to that great doc- President’s desk. He can’t veto it. He They were students of the philosophies ument? can’t sign it. Why negotiate with him? of the various methods of government. So I say the Senate perhaps had bet- The amendment which is being pro- These men who wrote the Constitution ter adopt a resolution designating posed is intended to restore and pre- came fresh from the mistakes of the April as ‘‘Amend the Constitution serve, ‘‘as a matter of right for the vic- experience of the Articles of Confed- tims of violent crimes, the practice of eration, the first Constitution of the Month.’’ Let’s have at it. Let’s have a resolu- United States. They lived under the victim participation in the administra- Articles of Confederation; they knew tion calling April, the fourth month of tion of criminal justice that was the what the flaws of the Articles were. this year of our Lord, the year 2000, the birthright of every American at the They knew where they fell short. They last year in the 20th century, the last founding of our Nation.’’ knew where those provisions were lack- year in the second millennium. This is a very impressive goal for the ing. The memory of the Revolutionary Fie on the media, and fie on politi- amendment, and, if the matter only War and the bloodshed in that struggle cians who try to hand the American stopped there, undoubtedly it would for freedom were at the forefront of people all of this flimflam about this enjoy the sympathy and the support of their minds. They—the framers—God year’s being the first year of the 21st every Member of this body because who bless their names—bequeathed to me, century—this year’s being the first is there who would be opposed to the to us, something very profound—some- year of a new century. Take the old legitimate rights of victims of violent thing strong, yet something also quite math, take the new math, whatever crime? The title and the substance of delicate. Over the years, I have come to math you want to take. It all comes the measure are certainly worthy of believe that we should tinker with out the same. consideration. their magnificent work only very, very There are 100 years in every century, The Committee on the Judiciary rec- rarely. and 1,000 years in every millennium. ommended that victims’ rights under Each Member of this body takes an We are today in the last year of the nine general headings be protected in oath when he or she becomes a U.S. 20th century. the amendment to the Federal Con- Senator, and there have only been 1852 I was invited down to the White stitution. These nine rights are set men and women who have taken that House a few days before the beginning forth as follows: (1) a right of victims oath to be Members of this great body. of the new year. I don’t go down very to receive notice of criminal justice Think—just think—for a moment often. I don’t get invited down as much proceedings; (2) a right of victims to about that oath. Think about the as I used to, but it doesn’t bother me. attend criminal justice proceedings re- words: ‘‘Support and defend the Con- I went down when I was majority lead- lated to crimes perpetrated against stitution of the United States against er, when I was minority leader, and them; (3) a right of victims to be heard all enemies, foreign and domestic.’’ when I was majority leader again, and at five points in the criminal justice Then think, if you will, about the ex- when I was President pro tempore of process, namely, plea bargains, bail or treme difficulty of the procedure laid the Senate—all too much. I got tired of release hearings, sentencing, parole out in that same Constitution for going down there. hearings, and pardon or commutation changing that Constitution in any way. I must say they were very kind to in- decisions; (4) a right of victims to no- I do believe that the framers were quite vite me down to what I think they tice of, and an opportunity to submit a wary of injudicious disruptions to, and called the New Millennium party. statement concerning, a proposed par- even the meddling, piddling, tinkering, I said to my fine staff person, you don or commutation of sentence; (5) a and tampering with the careful balance tell that nice lady that the new millen- right of victims to notice of release or that they had so laboriously achieved. nium hasn’t begun yet, and it won’t escape of the accused; (6) a right to As in most things, they were only too begin until the year 2001, January. consideration of the victims’ interest right. Now we have the latest constitu- in a trial free from unreasonable delay; In the 106th Congress, as of April 17 tional amendment—something called (7) a right of victims to an order of res- of this year, there had been 63 constitu- the crime victims’ rights constitu- titution; (8) a right of victims to have tional amendments proposed—63 con- tional amendment, with the Senate their own safety considered whenever stitutional amounts proposed. The Sen- poised to consider it following, you an accused or convicted offender is re- ate has only been in session 43 or 45 guessed it, ‘‘National Crime Victims’ leased from custody. days this year. In the 105th Congress, Rights Week,’’ a week during which the These sound like good things, good there were 107 constitutional amend- Senate was in recess. amendments. They are good. ments proposed. I think that it is clear Does this suggest something to us? No. 9, notice to the victims of these the framers’ fears were quite well To me, it suggests a less than serious, rights inasmuch as such rights are of founded. These amendments are pro- dare I say somewhat frivolous, view of little use if the victims remain un- liferating at an unalarming level. the gravity and far-reaching nature of aware of them. S2990 CONGRESSIONAL RECORD — SENATE April 27, 2000 What is wrong with that? Nothing is chief legal experts. They may have Prosecutorial discretion over plea wrong with that. We can all be for been the best in the Nation; I don’t bargaining ‘‘is particularly at risk’’ if that. know. Professor Cassell appears at all S.J. Res. 3 were to be adopted. While I These participatory rights of victims four hearings in support of the amend- personally believe, and have long be- are laudable and are worthy of consid- ment. It seemed to me there was a pau- lieved, that there is entirely too much eration, certainly in the instance of city of expert academic witnesses who plea bargaining—I believed that for a legislation, but not when it comes to appeared in furtherance of the amend- long time—the committee points out amending the Federal Constitution. ment. that a prosecutor may need to obtain Such rights can already be assured— This duo—and I say it with great re- the cooperation of a defendant who can here is the problem—such rights, as spect for them; they may be the best bring down an entire organized crime those we are talking about, can already two in America—the same duo were ring, or may need to protect the iden- be assured to victims by Federal or heard over and over again. Wouldn’t it tity of an informant-witness, or may State legislation. have been well to have a few more? think that the evidence against the de- The majority states in the com- Wouldn’t it have been well to add to fendant will not convince a jury be- mittee report that the first Federal the list of experts? yond a reasonable doubt, in which case constitutional amendment to protect It should not go unnoticed that the the accused killer, or whatever he the rights of crime victims was intro- committee report states that the U.S. might be, would go scot-free. Will the duced with hearings thereon in 1996 and Judicial Conference favors a statutory victim’s rights have been upheld? Will that additional hearings were con- approach because it ‘‘would have the the victim’s rights have been secured if ducted in 1997, 1998, and 1999. The re- virtue of making any provisions in the the killer goes free? If the robber goes port also indicates that over these bill which appeared mistaken by hind- free? If the burglar goes free? years, many changes were made to the sight’’—that is 20/20, you know—‘‘to be In any event, I support the main ob- original draft, several of which re- amended by a simple act of Congress.’’ jectives in the measure for the protec- sponded to concerns expressed in the The report also says that the State tion of victims’ rights, but such protec- hearings. courts favor a statutory approach to tion can be afforded by legislation at The fact that so many changes were the protection of victims’ rights, citing the Federal and State levels, and there made over the years indicates to me the fact that the Conference of Chief is absolutely no need for a Federal con- that the subject matter could be better Justices—we only have one Chief Jus- stitutional amendment to meet the dealt with by legislation than by a tice of the United States, but there are needs set forth in the resolution. Federal constitutional amendment. If many chief justices of the 50 States— The chief justices of the States have it needs changing, if it needs modi- citing the fact that the Conference of expressed grave concerns that the pro- fying, if it needs altering, it can be Chief Justices has underscored ‘‘the in- posed constitutional amendment would done by legislation. And if we find that herent prudence of a statutory ap- lead to ‘‘extensive lower federal court something is wrong and it isn’t work- proach’’ which could be refined as ap- surveillance of the day to day oper- ing right, we can change that law again propriate. ations of state law enforcement oper- the next session. We can even change it Other major organizations, including ations.’’ during this session. Congress can several victims’ groups, opposed the Now, get that. How many times have change, can alter, can modify, can amendment, as is stated in the Com- we heard it said, ‘‘Get the Government amend the law almost overnight, if mittee report. For example, the Na- off our backs! Get the Government off necessary, but not a constitutional tional Clearinghouse for the Defense of our backs!’’ Wasn’t that one of the amendment. That would take years to Battered Women takes the position complaints in the great, so-called— do. Statutes can be modified and re- that statutory alternatives are ‘‘more what was it called?—contract, the fined by subsequent legislation during suitable’’ than an amendment to the great contract they talked about some a single session of the legislative Federal Constitution. Victim Services, few years ago, the Contract With branch. But once a constitutional the nation’s largest victim assistance America. Why, of course, that was one amendment is set into place, the only agency, also opposes S.J. Res. 3, argu- of the great things they talked about— way to refine or amend that constitu- ing that the proposed amendment Get the Government off our backs; tional amendment is to further amend ‘‘may be well intentioned, but good in- Contract With America. Whoopee. the Constitution of the United States, tentions do not guarantee just re- Well, I will tell you, I have my Con- a procedure which necessarily requires sults’’. The National Network to End tract With America right here in my years to do. The Prohibition amend- Domestic Violence, as well as the Na- pocket. I know this Senator here, from ment was on the books from January tional Organization for Women Legal Vermont, he had two men from 1919 to December 1933. It took years. Defense and Education Fund, and Mur- Vermont who signed this Constitution, What are we talking about? This der Victim’s Families for Reconcili- John Langdon and Nicholas Gilman. He Constitution may not be perfect, but ation, a national organization of fam- has his Contract With America in his this amendment wasn’t perfect. It was ily members of murder victims, are pocket—I have. It is called the Con- changed, and then it was changed, and united in opposing the joint resolution. stitution of the United States. then it was changed again, and now it Moreover, prosecutors and other law Here we have grave concerns ex- is being pulled back because there need enforcement authorities all across the pressed by the chief justices of the to be further changes. What does that country ‘‘have cautioned that creating States, grave concerns that the pro- tell us? What if it had been welded into special Constitutional rights for crime posed constitutional amendment would the Constitution of the United States victims would have the perverse effect lead to ‘‘extensive lower federal court and then they would have found, lo and of impeding the effective prosecution surveillance of the day to day oper- behold, this ought to be changed, this of crime.’’ ations of state law enforcement oper- isn’t right, this is wrong, we need to It seems to me that one of the fore- ations.’’ Get the Government off our change it. That is a long process. most rights of a victim of crime would back, they say on one hand. Then they I was interested, as I scanned the be to see the perpetrator of that crime say, Oh, let’s adopt this constitutional committee report, to note that the two brought to justice, tried, convicted, amendment. legal experts who testified in support and punished. That is the first and The minority view on the Senate Ju- of the amendment in the first hearing foremost right of the victim. diciary Committee shares these con- in 1996 testified again and again and The National District Attorneys As- cerns, but states that the laudable goal again in the subsequent three hearings. sociation has cautioned that the pro- of making State and law enforcement Professor Paul Cassell—I have never posed amendment would ‘‘afford vic- personnel more responsive to victims had the pleasure of meeting that gen- tims the ability to place unknowing, should not be achieved by establishing tleman—Professor Paul Cassell of the and unacceptable, restrictions on pros- Federal court oversight of the criminal University of Utah College of Law and ecutors while strategic and tactical de- justice and correctional systems of the Steve Twist, former chief assistant at- cisions are being made about how to 50 States. They do not want the Gov- torney general of Arizona, were the proceed with the case.’’ ernment on their backs, so they do not April 27, 2000 CONGRESSIONAL RECORD — SENATE S2991 support this proposed constitutional that we will be educating ourselves a written in the statute books of the amendment. bit further and helping to educate oth- States and the Federal statutes as The minority on the committee ers as to the history of American con- well? If they will not hear them, they states that there is no pressing reason stitutionalism so that Senators, in the will not hear Moses and the prophets, to displace State laws in an area of tra- future, may be a little better prepared even though they were brought from ditional State concern, and that there to take on this new amendment when the dead. is no compelling evidence pointing to it is brought back before the Senate, as If they will not abide by the statutes, the need for another unfunded man- we are assured that it will be. if they will not enforce them, what is date. I have heard, during this debate, that there to ensure us that they would en- They passed a bill here a few years you can include these victims’ rights in force the strictures of a new constitu- back dealing with unfunded mandates. statutes, but they won’t be enforced. tional amendment? And if they did not, That was one of the first great so- Some of them are already in statutes, what would we be doing to the Federal called great plaints in the Contract— but they are not being enforced. That Constitution? We would trivialize it; what was it? The Contract With Amer- is what we heard the proponents say. we would minimize it; we would lower ica? They are not being enforced. They it in the estimation of the people. Mr. LEAHY. Mr. President, if the won’t be enforced. They are in the laws When it comes to amending the high- Senator will yield, I called it the Con- of various States, but they are not est law in our constitutional system, it tract On America. They called it the being enforced so what we need is a behooves us to step back and behold Contract With America. I think it was constitutional amendment. How about the forest, not just the trees. a Contract On America. that? How can be assured that a con- Once before in our history we amend- Mr. BYRD. The Contract On Amer- stitutional amendment will be en- ed the Constitution without carefully ica. All right. Call it a Contract On forced? thinking through the consequences. America. Let’s return to the Book our fathers That was when the 18th amendment, The minority also states that there read: dealing with prohibition, was ratified is no need for more Federal court su- 19 There was a certain rich man, which was on January 16, 1919. pervision and micromanagement of clothed in purple and fine linen, and fared I can remember as a boy seeing those State and local affairs, when every sumptuously every day: revenue officers come around to the State is already working hard to ad- 20 And there was a certain beggar named coal company houses. I can see them dress the issues in ways that are best Lazarus, which was laid at his gate, full of climbing the hills of the coal mining suited to its own citizens and its own sores. community going to various houses, 21 And desiring to be fed with the crumbs criminal justice system. which fell from the rich man’s table: more- going into the woods, looking for the There have been some 63 drafts of the over the dogs came and licked his sores. moonshine stills. Those were the reve- proposed amendment, and it remains 22 And it came to pass, that the beggar nuers, as they used to say—the reve- both excessively detailed and decidedly died, and was carried by the angels into nuers. That was under prohibition. vague. The level of detail provided in Abraham’s bosom: the rich man also died, That amendment opened a Pandora’s this amendment is inconsistent with and was buried; box, or as Senator JEFF BINGAMAN the structure and the style of our coun- 23 And in hell he lift up his eyes, being in says, a box of Pandoras. That amend- torments, and seeth Abraham afar off, and try’s great governing document, and, Lazarus in his bosom. ment opened a Pandora’s box of unin- indeed, the resolution reads like a stat- 24 And he cried and said, Father Abraham, tended and unforeseen consequences, ute, which suggests that that is, in have mercy on me, and send Lazarus, that he and it was not until almost 15 years fact, how the problem of protecting the may dip the tip of his finger in water, and later that the 21st amendment repeal- rights of crime victims should be ad- cool my tongue; for I am tormented in this ing the 18th amendment was ratified on dressed. flame. December 5, 1933. It took a long time to The majority report cites examples 25 But Abraham said, Son, remember that get the genie back into the bottle, and of overwhelming popular support and thou in thy lifetime receivedst thy good things, and likewise Lazarus evil things: but we should have learned a lesson from demonstrates that change toward bet- now he is comforted, and thou art tor- that experience. ter implementation of victims’ rights mented. As a principle of simple prudence, we is occurring now, already, in the 26 And beside all this, between us and you should be ever cautious about amend- States. The majority admits that there is a great gulf fixed: so that they which ing the organic law of our Nation. Jus- ‘‘there is a trend’’—the majority in would pass from hence to you cannot; nei- tice Cardozo was explicit in his warn- this subcommittee report issued by the ther can they pass to us, that would come ing, uttered in the case of Browne v. Judiciary Committee of the U.S. Sen- from thence. 27 Then he said, I pray thee therefore, fa- City of New York, and we should heed ate—admits that ‘‘there is a trend to- ther, that thou wouldest send him to my fa- that warning. Here it is: ward greater public involvement in the ther’s house: The integrity of the basic law is to be pre- process, with the federal system and a 28 For I have five brethren; that he may served against hasty or ill-considered number of states now providing notice testify unto them, lest they also come into changes, the fruit of ignorance or passion. to victims.’’ Hence, it is my belief that this place of torment. Mr. President, the Constitution itself we, here at the Federal legislative 29 Abraham saith unto him, They have in article V, the article that provides Moses and the prophets; let them hear them. level, should avoid the adoption of a 30 And he said, Nay, father Abraham: but if for amendments to the Constitution, Federal constitutional amendment and one went unto them from the dead, they will carries such an implication. Here is that we should allow the States to con- repent. what it says—listen carefully—as an tinue to come up with innovations of 31 And he said unto him, If they hear not implication against hasty or ill-consid- their own without undue Federal inter- Moses and the prophets, neither will they be ered changes: vention in a matter which, basically, is persuaded, though one rose from the dead. The Congress, whenever two-thirds of both in the purview of the States. That is the lesson. If the people in Houses shall deem it necessary, shall propose Our illustrious friends who are the the States will not be persuaded by the amendments to this Constitution,... chief cosponsors of the amendment, statutes of the States that are already There is the warning, ‘‘whenever two- very honorable Members of this body, on the books, if they cannot be en- thirds of both Houses shall deem it nec- one from the Democratic side and one forced, then will they listen to Moses essary.’’ The word ‘‘necessary’’ is not from the Republican side, have told us and the prophets even if they rose from just a throwaway word that was just that they will be back. ‘‘We’ll be the dead? Will they hear even if it is a inserted to fill up space in article V of back,’’ they say. Federal constitutional amendment? the U.S. Constitution. We can be sure In the meantime, I hope we can edu- Why should we think they will hear that the constitutional framers chose cate ourselves a little better with re- better, that they will see better, that the word carefully, as they did all spect to the constitutional principles they will honor more, that they will other words in that unique document. that we are here to defend and to pro- abide more by words that are written It was the word chosen by Governor tect. I hope that during this interim, into the Federal Constitution than Edmund Randolph when he presented while they are preparing to come back, they will those words that are already the Virginia Plan to the Constitution S2992 CONGRESSIONAL RECORD — SENATE April 27, 2000 on May 29, 1787. That is my wedding an- tradiction, is the fruit of abandoning posed Constitutional amendment, is niversary date. My wife and I were the Constitutional landmarks.’’ simply this: ‘‘Is it necessary?’’ married on May 29. It will be 63 years We would profit greatly by reviewing ‘‘Is it necessary?’’ That is the stand- ago on May 29. I will never forget it. the constitutional landmarks as we are ard that is set forth in the verbiage of And that is the date in 1787 that Ed- confronted today with this proposed the Constitution: ‘‘Is it necessary?’’ mund Randolph rose at that Constitu- constitutional amendment. Penetrating light has been shed upon tional Convention and laid down his Madison, in The Federalist No. 43, al- this question by the minority views of plan containing 15 resolves, 15 resolu- luded to ‘‘that extreme facility which Senators LEAHY, KENNEDY, KOHL, and tions. The 13th of the 15 resolutions, would render the Constitution too mu- FEINGOLD, who, in the committee re- according to Madison’s notes, read as table’’; and he proceeded to implore port, beginning on page 57, set forth a follows: against appeals to the people that were litany of major laws recently enacted Resolved that provision ought to be made too frequent. by Congress to grant broader protec- for the amendment of the Articles of Union This was Madison talking. In The tions and provide more extensive serv- whensoever it shall seem necessary,... Federalist No. 43, he alluded to ‘‘that ices for victims of crime. Among these William Paterson of New Jersey laid extreme facility which would render laws are the Victim and Witness Pro- the New Jersey Plan before the Con- the Constitution too mutable’’ and pro- tection Act of 1982; the Victims of vention on June 15, and with respect to ceeded to implore against appeals to Crime Act of 1984; the Victims’ Rights amending the Constitution, he used the the people that were too frequent. and Restitution Act of 1990; the Vio- words that the Congress be authorized Here we have 11,000 of these proposed lence Against Women Act of 1994; the ‘‘to alter & amend in such manner as amendments to the Constitution that Mandatory Victims Restitution Act of they shall think proper’’—‘‘in such have been floating around in one or 1996; the Victim Rights Clarification manner as they shall think proper.’’ both Houses throughout the years— Act of 1997; the Crime Victims with When one compares the pertinent 11,000. Disabilities Awareness Act of 1998; the language in the two plans, it is readily In the Federalist No. 49 Madison Identity Theft and Assumption Deter- apparent that Randolph’s language in warned: ‘‘. . . As every appeal to the rence Act of 1998, as well as the Tor- the Virginia plan was the stronger and people would carry an implication of ture Victims Relief Act; and the Child more exacting upon those who would some defect in the government, fre- Abuse Prevention and Enforcement undertake to amend the Constitution. quent appeals would in great measure Act, of March 10, 2000. Paterson’s proposal provided for con- deprive the government of that vener- These are public laws. They have al- stitutional amendments in such man- ation which time bestows on every- ready been passed by both Houses. ner ‘‘as they (the Congress) shall think thing, and without which perhaps the They have been signed into law. proper.’’ In other words, there is no re- wisest and freest governments would Obviously, as the minority on the quirement of necessity. The standard, not possess the requisite stability.’’ Senate Judiciary Committee point out, ‘‘as they shall think proper,’’ can vary That was James Madison. He was there is nothing in the U.S. Constitu- with whim or caprice or political moti- only 36 years old, less than half my tion that currently constitutes a bar- vation. Thus, without any firm anchor, age. Listen to him. Let me say it rier, that currently inhibits the enact- what may be thought ‘‘proper’’ one again. He warned: . . . ‘‘As every ap- ment of State or Federal laws that pro- day, might very well not be thought peal to the people’’—as we are being tect crime victims. ‘‘proper’’ on the next. But on the con- asked to appeal to the people here with With 33 States having adopted state trary, Randolph’s language, ‘‘whenever S.J. Res. 3—‘‘. . . As every appeal to constitutional amendments dealing two-thirds of both Houses shall deem it the people would carry an implication with victims’ rights, and while every necessary,’’—‘‘whenever two-thirds of of some defect in the government, fre- State and the District of Columbia al- both Houses shall deem it necessary’’— quent appeals would in great measure ready have some type of statutory pro- provides a surer anchor and firmer deprive the government of that vener- vision providing for increased victims’ foundation, and like the warning sign ation which time bestows on every- rights, including some or all of the at a railroad crossing, ‘‘stop, look, and thing, and without which perhaps the rights enumerated in S.J. Res 3, what listen’’, commands not only the rapt wisest and freest governments would is needed is better enforcement of attention, but also the considered judg- not possess the requisite stability.’’ State laws and increased funding, not a ment and focus of those who would In this same Federalist paper, Madi- Federal constitutional amendment. alter, modify, add to, or repeal the fun- son went on to say: ‘‘The danger of dis- This should be ‘‘as clear,’’ as our damental law of the Nation. turbing the public tranquility by inter- former illustrious and dear colleague, Needless to say, Randolph’s language esting too strongly the public passions, the late Sam Ervin, used to say, ‘‘as weathered the scrutiny of the Com- is a still more serious objection against the noonday sun in a cloudless sky.’’ mittee of Style and Arrangement; the a frequent reference of Constitutional Chief Justice Oliver Wendell Holmes Committee of Detail; the Committee of questions to the decision of the whole once stated: ‘‘In my opinion, the Legis- the Whole; and survived the storms and society.’’ lature has the whole lawmaking power changing vicissitudes of the Conven- Ah, what if Madison were here today except so far as the words of the Con- tion itself. to speak. The galleries would be filled. stitution expressly or impliedly with- The word ‘‘necessary’’ made it The media galleries would be crowded. hold it.’’ There is no indication whatso- through all the committees, all the dis- There would not be a seat vacant. They ever that the Federal Constitution of putations, all the disquisitions, all the would be all ears, all eyes, because this today provides any barrier—either ex- arguments, and came out at the end in would be Madison, 36 years of age, pur- pressly or impliedly—to the lawmaking that almost immortal document, the ported to be the father of the Constitu- power in the subject area of victims’ Constitution of the United States. tion, speaking. rights. It would, therefore, be far bet- That word ‘‘necessary’’ is not just an Listen to him. ter for lawmakers at the Federal and empty word. It is not just a place hold- ‘‘But the greatest objection of all is, State levels to exert their talents to- er. It is not just a word to be thrown in that the decisions which would prob- ward enactment of any further legisla- to fill out the whole. It meant some- ably result from such appeals, would tion that may be needed—I will be thing. It required something. The word not answer the purpose of maintaining there to join them—rather than pur- was ‘‘necessary.’’ ‘‘Whenever two- the Constitutional equilibrium of the suing a course of amending the U.S. thirds of the States shall deem it nec- government.’’ Constitution. essary to amend.’’ Finally, Madison clinched his point, Hamilton, in the Federalist No. 85— Supreme Court Justice Campbell, in when he said: ‘‘It appears in this, that this is the final Federalist paper— Marshall versus Baltimore & O.R.R., occasional appeals to the people would states: ‘‘It appears to me susceptible of offered these words which we might do be neither a proper nor an effectual absolute demonstration, that it would well to ponder in this instance. Here is provision, . . .’’ be far more easy to obtain subsequent what he said: ‘‘The introduction of new Mr. President, an overriding ques- than previous amendments to the Con- subjects of doubt, contests and con- tion, therefore, as we examine the pro- stitution.’’ How right he was. In the April 27, 2000 CONGRESSIONAL RECORD — SENATE S2993 light of Hamilton’s wise words, mem- the States’ prerogatives continued to the Constitution become a political bers of the Senate should proceed with be held very dear, even in the face of way of life, when they dovetail with the utmost caution in proposing and the exigencies of newly claimed inde- hortatory national weeks for this or supporting Constitutional amend- pendence and armed conflict with Brit- for that, then we have transcended ments. ain. What the Framers successfully mere bumper sticker politics and en- It is more than noteworthy to again crafted in 1787 was a system which re- tered the very shaky world of bumper reflect upon the fact that during the tained enough sovereignty for the sticker amendments to the U.S. Con- 212 years of the American Republic, its States to keep them from rejecting the stitution. As a result, the public re- organic law has been amended only 27 new Constitution, while at the same spect for that venerable document will times—including the first time in time providing sufficient power to the certainly diminish. Just amend it which all ten amendments were rati- national government so that it could enough and the public veneration for fied in one fell swoop. Those ten be effective at home, and establish a that unique document, the Constitu- amendments constituted the Bill of credible presence in international af- tion of the United States, will cer- Rights. During this period of over two fairs—quite an achievement! tainly diminish. centuries, more than 11,000 constitu- The minority on the Judiciary Com- This particular amendment appears tional amendments have been proposed mittee—headed by my illustrious to contemplate rewriting the criminal in Congress, but Congress has with- friend, the very able Senator from justice code and placing that rewrite stood the pressure behind this flood. Vermont the 14th State—indubitably into the Constitution. If we wish to re- Pheobe Cary’s I long ago read poem are of the view that the amendment be- write the criminal justice code, that is about the lad who put his finger in the fore us constitutes a significant intru- one thing. Let us have at it, let us be hole in the dyke: he ‘‘held back the sea sion of Federal authority into a prov- about it, and while we are about it, by the strength of his single arm’’. The ince traditionally left to State and scan this proposed amendment for its Senate must once again act to prevent local authorities. The minority view- best provisions to incorporate. Cer- a hole in the dyke which, if exploited point States a truism: ‘‘Under our fed- tainly, victims’ rights, or rather pro- tections, as I prefer to call them, are a here, might, in time, become a virtual eral system the administration of cause that I can enthusiastically sup- flood. criminal justice rests with the states port. I can embrace them and hold Hamilton, in the Federalist Essay except as Congress, acting within the them close to my heart. But why, oh No. 85, states: ‘‘For my own part, I ac- scope of those delegated powers, has why, do we need to take the step of knowledge a thorough conviction that created offenses against the United pinning such a measure to the Con- any amendments which may, upon ma- States.’’ Screws vs. United States stitution itself, rather like some sort ture consideration, be thought useful, Mr. President, let us view, therefore, of artificial tail? It would be quite will be applicable to the organization with a jaundiced eye, this proposal to funny if it weren’t so serious. amend the Constitution. As I have al- of the government, not to the mass of The material which has been cir- ready indicated, there is nothing in the its powers; . . .’’ It should be pre- culated in support of the need for this eminently clear to all observers that Constitution which currently inhibits constitutional amendment seems to the amendment we are considering at the National and State legislatures cite two primary reasons as its jus- this time, would not, as Hamilton had from enacting legislation and pro- tification—the first being that the noted, ‘‘be applicable to the organiza- viding the necessary funds to deal with criminal justice system does not give tion of the government,’’ but, instead, the many problems surrounding vic- adequate protection to the interests of pertains ‘‘to the mass of its powers.’’ tims’ rights. victims of crimes, and the second being Let me say again, for the benefit of The Founders departed from prac- that existing statutory and State pro- those victims who may not be sitting tically all historical precedents by pro- visions are not uniform. While both ducing the system known as American nearby but who may be out there on may be true, neither is a reason for a federalism, and they did this with the plains, in the Alleghenies, in the constitutional amendment. great care and skill, for the issue of the forests, on the lakes of this great coun- In the first instance, these concerns States’ sovereignty was a flashpoint try, let me say to them: There is noth- can be addressed through statutory upon which the endeavor at Philadel- ing, absolutely nothing, in this Con- means. In the second instance, the con- phia could very quickly have disinte- stitution which currently inhibits the cern can also be addressed through grated. National and State legislatures from statutory means, and to achieve it via The Constitution really consists of enacting legislation and providing the the route of amending the Constitution two types of provisions. One set of pro- necessary funds to deal with the many could be deleterious to a very impor- visions is concerned with structure— problems surrounding your rights, vic- tant bedrock principle in the Constitu- the separation of functions and powers, tims’ rights—nothing! tion. That principle is one of the main the departments of administration, the All needful legislation at the na- thrusts and achievements of the fram- House of Representatives, the Senate, tional and local levels should be con- ers coming out of the experience of the the President, the Judiciary, and their sidered and should be exhausted before Articles of Confederation, and one relations to one another. The other set we embark upon a course that leads to which is a central pillar of our Repub- of provisions is concerned with the re- a further amendment of the Constitu- lic. What is that? Federalism! lation of the States to the general gov- tion. That is what we are saying. Let’s Each of the States in its wisdom, ernment. The powers of the general try all the others, and let’s enforce the through its legislature and its elec- government are limited and the powers laws if they are not being enforced. torate, has the power and the right to of the States are also under certain re- Once we go down that road of amend- protect and accommodate the interests strictions. ing the Constitution, one amendment of victims within its own criminal jus- This federalism was entirely new. leads to another amendment, and then tice system. All of these decisions— There was nothing like it in the colo- to another amendment, and as Ham- those that have been made, and those nial charters or in the state Constitu- ilton predicted in Federalist No. 85, ‘‘it that will be made in all 50 States— tions of 1776 and 1777. The development would be far more easy to obtain subse- would become subservient to a con- of federalism went through similar quent than previous amendments to stitutional standard if we were to stages and took almost as long in its the Constitution.’’ Willy-nilly amend- adopt this amendment, which in all processes as the development of the ments to the Constitution can only likelihood no one State would have structural parts of the Constitution. It serve to trivialize it. chosen for its own particular citizens. had been an important and a much de- As Hippocrates admonished physi- Obviously, the proposed amendment bated question for more than a 100 cians everywhere, ‘‘Do no harm,’’ we mandates a significant intrusion of the years before 1776, and more than 20 Senators who have taken an oath to Federal Government into an area tradi- plans of power-sharing had been sug- support and defend the Constitution of tionally left to State and local authori- gested and discussed. the United States should measure our ties. Nearly 95 percent of all the crimes As the Articles of Confederation actions likewise: Let us do no harm to are prosecuted by the States. The Fed- clearly demonstrated, the protection of the Constitution. When amendments to eral Government does not have general S2994 CONGRESSIONAL RECORD — SENATE April 27, 2000 police power. As the Supreme Court re- southern West Virginia more than 75 statute and provide the financial re- minded us in United States v. Lopez: years ago. But it is still the same mul- sources necessary to assist the states Under our Federal system, the states pos- tiplication tables; it hasn’t changed, in giving force to their own locally-tai- sess primary authority for defining and en- and it won’t change. This resolution lored statutes and Constitutional pro- forcing the criminal law. consists of 403 words. I am including, of visions, thus avoid tampering with our This proposed amendment could dras- course, the headings. In itself, it ex- national charter. tically shift the responsibility by forc- ceeds the number of words in 9—not Jesus said it well, when he sat at ing States to put consideration of these the first 9, but 9 of the 10 amendments meat in the house of Levi: ‘‘No man new victims’ rights and protections on comprising the Bill of Rights. Now, also seweth a piece of new cloth on an an equal footing with the rights of the many of us have participated in that old garment: else the new piece that accused. Furthermore, in the majority little game of counting the words. I did filled it up taketh away from the old, report accompanying this amendment, so, also. Why not? Why should I not? and the rent is made worse.’’ Let us not concerns about disruptions to fed- According to the committee report add this piece of clashing new cloth to eralism are deflected by the incredible accompanying this constitutional the venerable and beautiful garment of assertion that States will have ‘‘ple- amendment, over 450 law professors ex- the Constitution, lest the new piece nary authority’’ to tailor the amend- pressed opposition to this amendment trivialize the old and a rent is made in ment to fit the needs of their various to the Constitution. Why weren’t they the carefully coordinated system of criminal systems—that they may flush invited to the hearings? In addition, federal and state relations. out such definitions as ‘‘victims of the Cato Institute, the National Sher- The Constitution of the United crime’’ and ‘‘crimes of violence.’’ So iffs’ Association, the National Associa- States was not meant to be a politi- much for uniformity. They talk about tion of Criminal Defense Attorneys, cian’s plaything. It is not mine to play uniformity. Well, so much for uni- the National Legal Aid and Defenders with. It is not yours to play with. It is formity. Association, the NAACP, the ACLU, not ours to play with. It is a sad com- The result of such a reading of this the Justice Policy Institute, the Center mentary that we find ourselves having amendment is, again, the very patch- on Juvenile and Criminal Justice, the to prepare in haste, without adequate work of laws that the proponents say Youth Law Center, the National Center notice and under the strictures of pos- they are trying to avoid. Moreover, for on Institutions and Alternatives, the sible cloture, to fend off this proposed the first time, we will have turned the American Friends Service Committee, change in our Federal Constitution. concept of federalism on its head by and the Friends Committee on Na- Think of it! saying that States and various State tional Legislation—among others— I do not question the sincerity of the laws may be allowed to implement the have expressed opposition to such an proponents of the measure, but I do intent of a constitutional amendment. amendment. They take the position question the necessity for a constitu- This is pure folly. What we will achieve that statutes work, statutes are more tional amendment to achieve their if this poorly conceived amendment flexible and are more easily enacted goals and our goals. I also question the manages to end up as part of our Con- and more easily corrected and are more necessity, which is being forced upon stitution is a serious aberration re- able to provide specific, effective rem- us, to make such a basic decision under garding the crowning achievement of edies on behalf of victims of crimes. the Damocles’ sword of limited debate. the framers—federalism—and a recipe The majority report cites President That is not what our forefathers had in for a very nasty little stew of con- Clinton as having endorsed the con- mind for this great Senate. flicting interpretations of what is and stitutional amendment. Well, so what! Surely no Senator needs to reread what is not a victim’s right. I shudder President Clinton also supported the history in order to remember how to think of where that can lead us. line-item veto, but the U.S. Supreme much blood and treasure it has cost The term ‘‘victim’’ is undefined and Court knocked it down. Presidents can throughout the long centuries, dating could be interpreted to mean any num- be wrong and so can majorities. back to the Magna Carta and beyond, ber of individuals—some quite removed The majority also cites the National to establish the greatest document of from the usual understanding. In the Governors’ Association as having its kind that was ever written—the case of a murder, couldn’t an entire passed a resolution in 1997 supporting a Constitution of the United States, a family be considered ‘‘victims’’? Take Federal constitutional amendment on Constitution which, in the words of the tragedy at Columbine High School; victims’ rights. So what? Chief Justice Story, is ‘‘not intended to could not the entire town of Littleton As I recall, the National Governors’ provide merely for the exigencies of a be considered ‘‘victims’’? If a battered Association not too long ago also sup- few years’’ but ‘‘to endure through a spouse, finally driven to retaliate to re- ported a constitutional amendment to long lapse of ages, the events of which peated violence, strikes back, is the balance the budget. Yes—a constitu- were locked up in the inscrutable pur- abuser then also a ‘‘victim’’ and there- tional amendment to balance the Fed- poses of Providence.’’ fore entitled to a victim’s protections? eral budget. The National Governors’ Mr. President, I yield the floor. An ‘‘exceptions’’ clause is included in Association supported that. The Fed- The PRESIDING OFFICER. The Sen- this constitutional amendment. Con- eral Government has since balanced ator from Vermont. sider that. Unlike any other part of the the budget, at least on paper, without Mr. LEAHY. Mr. President, I wish to Constitution, we are inviting excep- resorting to a constitutional amend- do what I have done several times on tions without stating who can make ment. the floor this week, and that is to the exceptions. Are we suggesting that We didn’t need it. We didn’t need it thank my good friend and colleague, Federal constitutional rights can mean all along. But what if we had written it the distinguished senior Senator from different things from State to State? into the Constitution? West Virginia. He is to all our col- Please let us come to our collective I submit that the rights of victims of leagues not only a dear friend but a senses. Let us come back down to earth crimes can be clarified and enhanced great mentor. As I have said—and I re- again. Let us not shred the concept of by legislation at the Federal and State alize I repeat myself—I have learned so federalism with one ill-considered vote levels without resorting to an amend- much history not only this week but in in the frenzy of an election year. ment to the Federal Constitution. the 25 years I have served with him. Let us pay attention to what we are For, as Madison cogently stated in Senator BYRD was one of the very about to do, remembering John Mar- the Federal No. 49, ‘‘A Constitutional first Senators I met after I was elected shall’s words: road to the decision of the people, to the Senate. We chatted at a dinner, We must never forget that it is a Constitu- ought to be marked out, and kept open in Boston, which he will recall, at the tion we are expounding. for certain great and extraordinary oc- residence of the then-mayor of Bos- This resolution, S.J. Res. 3, consists casions.’’ The occasion for this amend- ton—he and I and a classmate of mine of 403 words. I counted them. I learned ment falls far short of being either from law school, John Durkin. John to count by the old math. Yes, I memo- ‘‘great’’ or ‘‘extraordinary,’’ and does and I had both graduated from law rized my multiplication tables back in not measure up to Madison’s prescrip- school 10 years before, and probably of that little two-room schoolhouse in tion. Congress can immediately pass a hubris, chutzpah, or foolishness, we April 27, 2000 CONGRESSIONAL RECORD — SENATE S2995 were both running for the Senate—10 I have not enjoyed any debate more This is not a party issue. The Senator years later, in 1974. We met with Sen- than I have the past few days, partly from West Virginia knows we have had ator BYRD at that time. because of my friend from West Vir- Senators from both sides of the aisle, I began my practice of keeping a ginia. We stood on many battles to- even some who were cosponsors, say, journal. I recently went back to read gether on constitutional amendments. ‘‘You are right, let’s back up.’’ This it. The Senator from West Virginia The Senator mentioned the balanced proposed amendment will be withdrawn told of his childhood—not being one budget. I am sure we could go to West some time today. I hope the United born with a silver spoon in his mouth. Virginia, Vermont, or anywhere else States has learned the Constitution is There probably wasn’t a silver spoon in and take a poll on whether voters want not something to treat in a cavalier the house. He told me what he had a balanced budget amendment to bal- fashion. done—self-taught, went on to school, ance the budget and, resoundingly, yes I thank my friend from West Vir- learned more, and learned history as would be the answer. Senator BYRD, ginia. few men in this country ever have. But myself, and others had to go back and Mr. BYRD. Mr. President, I thank then he had the opportunity not only explain to the people of our States: the able senior Senator from Vermont to learn history but to live history, as You have trusted us with this vote. If for his overly charitable words con- he has done day after day after day for we pander to you on this, we misplace cerning me. I thank him for his stead- over 40 years in the Congress of the your trust. We have to do it the right fast support on the Constitution. I United States, in both bodies. way. thank him for the positions he has I wrote down some of the things he We have a dear friend, a former col- taken on many occasions during the said that night. I even wrote down the league, a man for whom we both have years we have served together—posi- music we heard that evening. respect and great affection, the distin- tions that were in the best interest of When I came to the Senate as a 34- guished former Senator from Oregon, the Constitution, best interest of this year-old—I was going to say ‘‘former Mark Hatfield. He and the Senator institution, and in the best interest of prosecutor’’ but the first time I met from West Virginia have served alter- our country. him was before I was sworn in. I was nately as chairman and ranking mem- I join with the Senator in recalling still a prosecutor. I recall meeting with ber and then as ranking member and the new profile in courage that was es- him during the lame duck session. I chairman of the Senate Appropriations tablished by our former colleague, Sen- don’t want to embarrass my good Committee. I have quoted Senator Hat- ator Hatfield. He stood as a rock under friend from West Virginia, because he field on this floor, and I believe my the pressures of colleagues. Those were met so many young Senators. But I re- friend from West Virginia remembers difficult pressures, in the party con- member so well that it was a lame very well that balanced budget vote ference. He was threatened with his po- duck session. I sat in the reception under enormous pressure on the Sen- sition as chairman of the Appropria- ator from Oregon, especially when he room and Senator BYRD came out. I tions Committee. That took courage. knew it would be a 1-vote margin. He started to reintroduce myself—after And he had it. He had the real stuff. I said he would vote to protect the Con- all, he meets so many—and he imme- hope he is listening today. We don’t stitution and do what was right. Both diately referred to having met me and forget men such as Mr. Hatfield. the Senator from West Virginia and I Senator-elect Durkin. He had absolute, Again, I thank my friend; he is my complimented him afterwards. I re- total recall of that time. friend, and I think of him as my friend. member the steadfastness of Senator I think about this because recently He is a very generous person, a person in an unpleasant and unfortunate con- Hatfield. That is what we have to do on this whom I would think of as a Good Sa- stitutionally necessary event in this floor. We have stood together on very maritan in this journey of life. body a year ago when all 100 Members I thank him for his work here. He difficult treaty matters. We have stood of the Senate sat at the impeachment will be here, he will be, long after the side by side casting votes that at the trial. I recall a member of the other time were unpopular. History has prov- good Lord has taken me away. But he body made disparaging remarks about en us right. will be there holding the torch, holding the Senate and that the House Man- The Senator from West Virginia has the Constitution, holding up this insti- agers would have to simplify things so cast well over 15,000 votes; I became tution. And there will by others, and I we Senators could understand it. He the 21st person to cast 10,000 votes, so hope there will be more, day by day. came over to introduce himself to the I have a long way to catch up. We can I thank the Senator, and I yield the distinguished Senator from West Vir- all go back and find votes we might do floor. ginia. I was sitting here. differently today. But if it is a statute, The PRESIDING OFFICER. The Sen- He said: Senator BYRD, I may have if it is an amendment, if it is a proce- ator from Vermont. somewhat overstated that. dural motion we usually get a chance Mr. LEAHY. Mr. President, in my ca- Senator BYRD looked at him and to vote on it again. pacity as ranking member of the Sen- said: I want you to understand two If it is a budget matter, whatever the ate Judiciary Committee, I also think things: I pay close attention and I have issue might be, it is going to come up it is necessary, as we wind down this a long memory. again and again. Use your experience debate, that I take care of a couple of I repeated that to my oldest son and to make sure you do it right—maybe misconceptions that occurred during he said: Dad, Senator BYRD’s right on modify it, maybe change it, maybe re- the debate. both accounts. peal it, maybe add to it. There is one My late father, a man who had so I know that long memory and we exception—a constitutional amend- much to do with shaping my views, a benefit by it. ment. Write a constitutional amend- man who was a self-taught historian— I was thinking today when I came to ment. If that is then ratified, if that a very good one, I might say—always work how fortunate I am. I have said goes into effect, we do not come back told me if somebody misstates history, many times on the floor of the Senate, and change it. it is wise that someone else stands up we serve at the wishes of our State, but Look at the example the distin- and states it correctly so the mistake service is a privilege. Every time I guished Senator from West Virginia does not go down to the next genera- come to the Capitol I feel privileged. I mentioned about prohibition, a bad tion. have felt no more privileged in my 25 mistake in the Constitution. A lot hap- There was a popular misconception years than in the past few days in this pened. Finally it was changed, but only behind the proposed constitutional debate on the constitutional amend- after a great battle. amendment. The distinguished Senator ment. We can not debate anything That is why we should always hesi- from California, Mrs. FEINSTEIN, more significant on this floor, any- tate. That is why the dean of our party, touched on this on the first day of the thing that will affect history, long the No. 1 in seniority in our party, has debate, and actually again today, when after we have gone. Some day, all 100 opposed this proposed constitutional she discussed her theory as to why vic- Senators who now serve will be gone amendment. From one who is No. 6 in tims are not specifically mentioned in and others will take our place. I hope seniority to the Senator who is No. 1, I either the original Constitution or the they revere the Constitution, too. applaud what the Senator has done. Bill of Rights. S2996 CONGRESSIONAL RECORD — SENATE April 27, 2000 According to Senator FEINSTEIN, Senate. The fact is that, had I not the state, and these deputies began exer- when the Constitution and the Bill of opted for the anonymity of the Senate, cising their authority to prosecute not only Rights were written in the late 18th I was next in line to become president in important cases, but in routine ones as well. . . . By 1789, the deputy attorney gen- century, public prosecutors did not of that association, one of my few re- eral had complete control over all prosecu- exist. I should quote exactly what the grets in having to leave to come here, tions within his county. distinguished Senator, my good friend, but the Senate would not wait. And, There was a place that had the sort told us on this point. She said: frankly, I did not want to wait. of criminal justice system that the dis- When the Constitution was written, in But as a former public prosecutor tinguished chairman of the Senate Ju- America in the late 18th century and well and one who studied a great deal of his- diciary Committee and others attrib- into the 19th century, public prosecutors did tory of prosecution, I was quizzical. So not exist. Victims could, and did, commence uted to the time the U.S. Constitution I did a little research. was written, but that place was not the criminal trials themselves by hiring a sheriff I might say, when I state that, you United States. Mr. Cardenas describes to arrest the defendant, initiating a private understand, of course, we Senators are prosecution. The core rights of our amend- it on page 360 of his article: often times but constitutional impedi- ment to notice, to attend, to be heard were The right of any crime victim to initiate inherently made available to a victim of a ments to our staff. But, by the same and conduct criminal proceedings with the violent crime. token they deserve a lot of credit, Julie paradigm of prosecution in England all the She then quotes the following pas- Katzman, in my office, an able lawyer, way up to the middle of the 19th century. sage from an article by Juan Cardenas, did a lot of research as did Bruce Cohen It was England that had a system of in the ‘‘Harvard Journal of Law and from the Judiciary Committee. They private prosecution in the 18th and 19th Public Policy’’: found this article by Mr. Cardenas that centuries, not the United States, not Senator FEINSTEIN quoted, which does At trial, generally, there were no lawyers even New England in the United for either the prosecution or the defense. appear in volume 9 in the ‘‘Harvard States. Victims of crime simply acted as their own Journal of Law and Public Policy.’’ In To make sure I had my facts counsel, although wealthier crime victims fact, if you take the passage the distin- straight, I had to look through some often hired a prosecutor. guished Senator from California quoted other historical source material. I She then continued: and relied upon, from page 367, about looked at an essay in volume 3 of the Gradually, public prosecution replaced the how victims of crime used to act as ‘‘Encyclopedia of Crime and Justice’’ system of private prosecution....[T]his their own counsel, it is describing the by Professor Abraham S. Goldstein on began to happen in the mid 19th century, general practice in this country in the the history of the public prosecutor in around 1850, when the concept of the public 17th century, not in the late 18th cen- America. Professor Goldstein tells us prosecutor was developed in this country for tury when the Constitution was writ- essentially the same thing as Mr. the first time. ten. Cardenas. She then argued the Constitution Mr. Cardenas discusses what hap- Most American colonies followed the must now be amended to rebalance the pened at the time of the American Rev- English model of private prosecutions criminal justice system and ‘‘restore’’ olution on page 371, a few pages after in the 17th century, but as Professor rights to crime victims. the passage quoted by the sponsor of Goldstein tells us, that system ‘‘proved The distinguished chairman of the this proposed constitutional amend- even more poorly suited to the needs of Judiciary Committee, also my friend, ment. He writes: the new society than to the older one.’’ Senator HATCH, told us on Tuesday Whatever its derivation, the American sys- For one thing, victims abused the sys- that he draws the same conclusion tem of public prosecution was fairly well es- tem by initiating prosecutions to exert from history. He said that when the tablished at the time of the American Revo- pressure for financial reparation. These Constitution was drafted: lution. colonies shifted to a system of public There was no such thing as a public pros- Mr. Cardenas notes that Connecticut prosecutions because they viewed the ecutor; victims brought cases against their was the first colony to establish a sys- system of private prosecutions as ‘‘in- attackers. tem of public prosecutors, in 1704, over efficient, elitist, and sometimes vindic- He then said: 80 years before the Constitution was tive.’’ When the Constitution was drafted, vic- written. According to Professor Goldstein, tims of crime were protected by the same In Vermont, the Office of the State’s some of the colonies have no history at rights given to any party to litigation. Attorney is established in chapter II, all in private prosecutions. In the areas Not surprisingly, the majority views section 50 of the State constitution of settled by the Dutch in the 17th cen- in the report of the Senate Judiciary 1793. Even before Vermont joined the tury, consisting of parts of what are Committee are likewise predicated on Union as the 14th State, it had a sys- now Connecticut, New York, New Jer- the notion of ‘‘restoring’’—‘‘restoring’’ tem of public prosecutions run by the sey, Pennsylvania, and Delaware, the rights to crime victims that they en- State’s Attorneys. Samuel Hitchcock Dutch brought public prosecutions joyed at the time the Constitution and was State’s Attorney for Chittenden with them. Bill of Rights were being ratified. The County, VT, from 1787 to 1790, during In any event, Professor Goldstein majority views said the following: the time that the Federal Constitution comes to the same conclusions as Mr. The Crime Victims’ Rights Constitutional and the Bill of Rights were being writ- Cardenas. On page 1287, he writes: Amendment is intended to restore and pre- ten. Samuel Hitchcock was State’s At- [B]y the time of the American Revolution, serve, as a matter of right for the victims of torney in Chittenden County, from 1787 each colony had established some form of violent crimes, the practice of victim par- to 1790, some time before I became public prosecution and had organized it on a ticipation in the administration of criminal local basis. In many instances, a dual pat- State’s Attorney, in the last century— tern was established within the same geo- justice that was the birthright of every or, this century, depending upon how American at the founding of our Nation. graphical area, by county attorneys for vio- At the birth of this Republic, victims could we do this. In May of 1966, until 11:59 in lations of state law and by town prosecutors participate in the criminal justice process by the morning on January 3 of 1975, I for ordinance violations. This pattern was initiating their own private prosecutions. It served as State’s Attorney, also, of carried over into the states as they became was decades after the ratification of the Con- Chittenden County. At 12 noon, Janu- part of the new nation. stitution and the Bill of Rights that the of- ary 3, I took a different job. I have held Actually, for almost 200 years that fices of the public police and the public pros- it ever since. was the system in my own State of ecutor would be instituted....’’ Now, private prosecutions may not Vermont. Now prosecutions are done When I heard my distinguished col- have been eliminated in all the colo- by the State’s Attorneys of the 14 league say there was no such thing as nies by the time the Constitution was counties and, in some instances, by the a public prosecutor in this country written. They were, however, elimi- Attorney General. when the Constitution was drafted, I nated in Virginia, home of some of the Professor Goldstein goes on to dis- was surprised. I had been a public pros- foremost architects of the Constitu- cuss the fact that the Federal system ecutor. I was the vice president of the tion. Mr. Cardenas writes: of prosecution was always a system of National District Attorneys Associa- [B]y 1711, the attorney general [of Vir- public prosecution. Under the Judici- tion at the time I was elected to the ginia] appointed deputies to each county in ary Act of 1789, enacted the same year April 27, 2000 CONGRESSIONAL RECORD — SENATE S2997 the Constitution was ratified, the U.S. ing’’ victims’ rights enjoyed at the ing constitutional guarantees, the VRA Attorney General was ‘‘to prosecute time the Constitution and the Bill of should contain language that expressly pre- and conduct all suits within the Su- Rights were drafted. Rather, if we are serves the rights of the accused. To that end, to draw any lesson from history, it is we urged that the following language be preme Court of the United States in added: ‘‘Nothing in this article shall be con- which the United States might be con- that the framers believed victims were strued to deny or diminish the rights of the cerned.’’ The general authority to best protected by the system of public accused as guaranteed by the Constitution.’’ ‘‘prosecute in each district’’ for Fed- prosecutions that was then, and re- Moreoever, we are concerned that new lan- eral crimes was vested in local U.S. dis- mains, the American standard for guage that has been added to the proposed trict attorneys appointed by the Presi- achieving justice. VRA would further alter our existing con- dent. Mr. President, I ask unanimous con- stitutional framework. Section 1 of S.J. Res. 3 has been amended to grant victims the sent to print in the RECORD a letter Professor Goldstein is a highly re- right ‘‘to reasonable notice of and an oppor- spected scholar. He is the Sterling Pro- dated April 25 from Assistant Attorney tunity to submit a statement concerning any fessor of Law at Yale Law School. In General Robert Raben opposing the proposed pardon or commutation of a sen- fact, at one time he was the dean of proposed constitutional amendment. tence.’’ This provision would create an un- that prestigious institution. He is There being no objection, the letter precedented incursion on the President’s ex- widely regarded as an authority on was ordered to be printed in the clusive power to grant pardons, commute criminal law and criminal procedure. RECORD, as follows: sentences and remit restitution. See U.S. Const. art. 2, § 2, cl. 1 (pardon power); Schick U.S. DEPARTMENT OF JUSTICE, When Professor Goldstein says every v. Reed, 419 U.S. 256, 263–64 (1974) (commuta- OFFICE OF LEGISLATIVE AFFAIRS, American colony had established some tion power falls within the pardon power); Washington, DC, April 25, 2000. form of public prosecution by the time see also Knote v. United States, 95 U.S. 149, 153– Hon. TRENT LOTT, of the Revolution, I think we Senators 155 (1877) (pardon power includes authority Majority Leader, U.S. Senate, Washington, DC. to remit unpaid financial obligations im- can probably take that to the bank. DEAR MR. MAJORITY LEADER: I write to posed as part of a sentence). The Supreme To be on the safe side, since we heard convey the views of the Department of Jus- Court has observed that ‘‘the draftsmen of Senators say otherwise about this, I tice on S.J. Res. 3, a resolution setting forth [the pardon clause] spoke in terms of a ‘pre- the text of a proposed Victims’ Rights thought we should check further. We rogative’ of the President, which ought not Amendment (VRA) to the Constitution, checked another source, a 1995 article be ‘fettered or embarrassed.’ ’’ Schick, 419 which was voted out of the Committee on by Professor Randolph Jonakait of the U.S. at 263. The Court has also observed that the Judiciary on September 30, 1999, and sent New York Law School. It appears in ‘‘whoever is to make [the pardon power] use- to the full Senate. The Department con- ful must have full discretion to exercise it.’’ volume 27 of the Rutgers Law Journal tinues to have significant concerns with four Ex parte Grossman, 267 U.S. 87, 121 (1925). In beginning on page 77. Not surprisingly, aspects of S.J. Res. 3. Although we continue addition, we note that this provision could it says much of the same thing about strongly to support a victims’ rights amend- the history of public prosecutions as I encroach upon the clemency powers of gov- ment to the Constitution, and would support ernors in states where their authority is also had already learned from Mr. Cardenas S.J. Res. 3 if the concerns detailed in this plenary. and Professor Goldstein. letter were addressed, we oppose the amend- S.J. Res. 3 does more than simply diminish ment in its current form. In the interim, we I quote from page 99: the control over pardons that the Framers hope you will continue to help crime victims vested in the President; it does so in particu- Although the American colonies initially through the enactment of appropriate legis- larly significant ways. The proposed lan- followed the English prosecutorial pattern, a lation. guage would require the President to give different process began to emerge around As you know, the President and the Attor- victims notice and an opportunity to submit 1700. Public officials took responsibility for ney General both strongly support a victims’ a statement (Section 1), and would arguably the prosecution of crimes generally or just rights amendment that will ensure that vic- permit a court to reopen a pardon, commuta- for the limited set of offenses that directly tims have a voice in the criminal justice sys- tion, or remission of restitution (Section 2). affected the sovereign. As public prosecutors tem. See Pres. Proc. No. 7290, 65 FR 19823 It also seemingly would authorize Congress emerged, private prosecutions in the colo- (Apr. 10, 2000); Speech of Attorney General to regulate the pardon power in some re- nies disappeared. This evolution of the Janet Reno to the National Organization for spects by granting Congress ‘‘the power to American criminal justice system was quick Victim Assistance (Apr. 7, 2000). At the same enforce [the VRA] by appropriate legisla- and thorough. By the time of the Revolution, time, this Administration believes that our tion,’’ rather than reserving enforcement au- public prosecution in America was standard, constitutional system, which the Framers thority to the President (Section 3). By con- and private prosecution, in effect, was gone. established after much deliberation and de- trast, under our existing constitutional Indeed, it was so established and taken for bate, has served our nation well for more framework, the President has both the re- granted at the inception of the new Federal than 200 years and should not be altered sponsibility and authority to determine the Republic that public prosecutors, although without the most cautious deliberation. See procedures for his Administration’s handling not mentioned in the Constitution, were, Statement of President Clinton in Support of of executive clemency requests so that he without debate, granted exclusive control Victims’ Rights Constitutional Amendment may receive the information he deems nec- over prosecutions in Federal courts. (June 25, 1996). Our support for the VRA has essary, including input from victims and Mr. Cardenas, Professor Goldstein, rested on the premise that the Amendment others. The current procedures are set out at and Professor Jonakait are all quite would not undermine existing constitutional 28 C.F.R. § § 1.1–1.10. The Department is pres- provisions’ thus, our first concern has been clear that the concept of government- ently exploring how, and under what cir- that the resolution lacks an express provi- cumstances, additional victim interests can paid public prosecutors did not develop sion preserving the rights of the accused. In be best integrated into the Department’s ad- in this country for the first time light of our role as the chief federal law en- visory role in counseling the President as he ‘‘around 1850,’’ as the Senate was mis- forcement agency, our support has also de- makes decisions about clemency. takenly told on Tuesday. All these au- pended on the Amendment not hampering ef- Furthermore, the pardon provision differs thorities agree that public prosecutors fective law enforcement; accordingly, our from the rest of the VRA, which focuses on have been around in this country for second concern has been the unduly strin- criminal proceedings. Although other provi- much longer—about 150 years longer— gent standard for creating exceptions to the sions of the VRA would give victims rights Amendment’s applicability where necessary in proceedings in which defendants have and that they were the rule, not the ex- to promote the interests of law enforcement. rights, the pardon provision would grant vic- ception, by the time Mr. Madison and We are committed to an amendment that tims rights in a setting in which no one—in- Mr. Hamilton and all the other framers gives real rights to victims while satisfying cluding defendants—has ever possessed of our Constitution got together in these basic criteria. This letter augments rights, and that has always been controlled Philadelphia in 1787 to draft our Na- our previous letter of June 17, 1998 (en- entirely by the President. The Framers as- tion’s founding charter. closed), regarding the then-current S.J. Res. signed this power wholly to the President, If the Bill of Rights, which was writ- 44, in which we noted the above-mentioned and we oppose any amendment that would ten a few years later, makes no specific concerns. This letter also reflects further encroach upon it. concerns we have about the Amendment’s mention of crime victims, it is not be- LAW ENFORCEMENT CONCERNS application to the pardon power and the re- As we have noted previously, we are con- cause the framers thought victims opening of restitution that we discussed with were protected by a system of private cerned that the very high standard for excep- committee staff before markup in Sep- tions to the Amendment’s victims’ rights prosecutions. tember. guarantees in Section 3 of S.J. Res. 3 would My point, of course, is the proposed PRESERVING THE EXISTING CONSTITUTION render the government unable to remedy the constitutional amendment on victims’ As we stated in our previous letter, we be- practical law enforcement problems that rights cannot be justified as ‘‘restor- lieve that, to ensure the protection of exist- may arise under the Amendment. We believe S2998 CONGRESSIONAL RECORD — SENATE April 27, 2000 that the authority to create exceptions been distributed to the states and victims’ of the young, the rights of the old, the should exist where necessary to promote a compensation and assistance funds. The Vio- rights of people seeking housing, the ‘‘significant’’ government interest, rather lence Against Women Act has also infused rights of students, the rights of artists, than the ‘‘compelling’’ interest required by new dollars into victim services: under that journalists, and scientists, the rights of the current draft. It is important that the act, the Department has funded nearly $1 bil- VRA be flexible enough to permit effective lion in new domestic violence programs for those people who care about the envi- and appropriate responses to the variety of states, communities, and tribes since 1995. ronment, and the rights of families. difficult circumstances that arise in the In addition to funding, the Department has I do not know anybody in this body, course of implementing the Amendment. taken other steps to improve the way it pro- Democrat or Republican, who does not This concern is explained in more detail in vides services to victims. We are auditing care about the rights of all these peo- our letter of June 17, 1998. every component that has any responsibility ple. Our last issue concerns the addition of res- for our contact with victims to assure appro- We all care about the rights of all titution to the list of proceedings and rul- priate staffing, improve practices and ad- dress problems. We have also revised and up- law-abiding Americans. We could eas- ings subject to retrospective relief. We be- ily pass unanimous resolutions to that lieve that any remedies provision should dated the Attorney General’s guidelines for strive to make rights of victims real and en- victim assistance. effect. But Americans want practical forceable, while ensuring that society’s and There is more yet that can be done while solutions to practical problems from victims’ interests in finality and effective we continue to strive for an appropriate con- their Government, not just expressions law enforcement are not undermined. Meas- stitutional amendment. For example, as of concern. They certainly do not want ured against these objectives, we believe then Associate Attorney General Raymond us to try to define every one of these Fischer testified before the Senate Judiciary Section 2 of S.J. Res. 3 is overly broad and rights in a separate constitutional would unduly disrupt the finality of sen- Committee in 1998, we can enact federal leg- islation that will improve victims’ rights amendment. tences. The current language would appear So the issue is not whether we care to permit a victim to reopen the restitution and services in the federal system while at portion of a sentence for any reason at all, at the same time providing funds and other in- about the rights of crime victims. I any time, even after a sentence has been centives to states to improve their own vic- point out that a couple weeks ago my tims’ rights laws and policies.1 By passing served in full. The problems for law enforce- dear friend Senator FEINGOLD voted such legislation, we can build a crucial ment that could be caused by this provision against a constitutional amendment to bridge to the victims’ rights amendment. include, for example, the possibility that be- We appreciate the Judiciary Committee’s limit campaign contributions. Anyone cause of the limited economic means of willingness to work with the Department on who would infer from that vote that many defendants, restitution awarded to issues relating to the Victims’ Rights Senator FEINGOLD is not passionate some victims at sentencing might have to be Amendment over the last four years. Al- about campaign finance reform knows decreased to accommodate subsequent though we continue strongly to support a nothing about Senator FEINGOLD and claims by victims who come forward after victims’ rights amendment to the Constitu- sentencing; the potential that defendants his attitude about campaign finance re- tion, and would support S.J. Res. 3 if the form. In all the years I have been here, will litigate the reopening of a restitution concerns detailed in this letter were ad- order without the reopening of other parts of dressed, we oppose the amendment in its cur- I have never seen anybody as pas- the sentence; and the difficulty in reaching rent form because it fails to do so. We urge sionate about it as he. and defending plea agreements in light of the Senate to continue to work with the De- Recently we voted on a constitu- possible reopenings of and changes in the partment in improving the constitutional tional amendment to criminalize phys- terms of restitution. In our view, these amendment, while in the interim, continuing ical destruction of the American flag. issues constitute serious obstacles to includ- to assist crime victims through the enact- Senators BOB KERREY, ROBERT BYRD, ing restitution among the matters subject to ment of appropriate legislation. Should you MITCH MCCONNELL, BOB BENNETT, DAN- retrospective relief. have any questions, please do not hesitate to IEL INOUYE, DANIEL PATRICK MOYNIHAN, Further, we believe the inclusion of res- contact me. titution in Section 2 is not necessary in light Sincerely, and many others voted against that of existing legislation providing relief for ROBERT RABEN, constitutional amendment. Many of victims who are denied restitution or whose Assistant Attorney General. them are decorated war veterans. BOB restitution is inadequate. If a federal court Mr. LEAHY. Mr. President, I have KERREY, for example, is the only Mem- fails to impose restitution in accord with ber of this body to hold the Congres- controlling statutes, the government can ap- said over and over that no one in the peal the unlawful sentence without impair- Senate is against crime victims. I care sional Medal of Honor. The vote did not ing the defendant’s Double Jeopardy rights. deeply about the rights of crime vic- mean they do not respect the flag. See 18 U.S.C. § 3742(b); United States v. tims, just as I care about the rights of When Gen. Colin Powell and Senator DiFrancesco, 449 U.S. 117, 137 (1980). Likewise, all Americans. John Glenn opposed the flag amend- the States can legislatively protect victims I established one of the first formal ment, it was not because they lack de- in this regard by authorizing state prosecu- systems in my State to make sure votion to this country. Anybody would tors to appeal criminal sentences that do not crime victims are heard. It is some- be hard pressed to find two people more satisfy state restitution statutes. Congress thing that is done all the time now. In patriotic than they. Far from it, they and the States can also enact legislation to are American heroes who showed their address perceived gaps in current laws with- fact, one of the distinguished family out going so far as to amend the Federal court judges, Judge Amy Davenport, patriotism by standing up for the Bill Constitution. was in town yesterday and listened to of Rights. Frankly, that is ultimate pa- DOING MORE FOR VICTIMS WHILE IMPROVING THE part of this debate. She said: There is triotism. AMENDMENT nothing you talked about here that we There have been studies over time in This Administration, with Congress, as just don’t do automatically. In which people are asked about different kept its commitment to victims of crime, Vermont, we do not need a constitu- parts of our Bill of Rights that we all even as it has pushed aggressively for a vic- tional amendment to do it. rely upon, and the study would say: tims’ rights amendment. We have witnessed We all care about the rights of crime Would you vote for the right of free historic reductions in violent crime over the victims. This is not a case of for or speech today, the right of assembly, or past seven years, and through our efforts, against amending the Constitution. We some of these others? People say: Yes, criminal victimization is at its lowest point establish whether we care about crime all except this or all except that. in twenty-five years. Thank goodness people had the courage Even with the significant drop in violent victims. We all do. I care about their crime, we have not become complacent. In rights. I also care about the rights of to write and vote for it earlier. Our 1994 the President signed into law the Vio- mothers and expectant mothers, the country has it. And then others made lent Crime Control and Law Enforcement rights of immigrants, the rights of sure we did not go back and change it Act, which gives victims of violent crime workers, the rights of farmers, the because we might have some problems. and sexual abuse the right to speak out in rights of hospital patients, the rights In my years in public life, I cannot court before sentencing, providing them the think of more times that devotion to opportunity to describe the impact such vic- 1 In this regard, it is worth noting that, thanks to the first amendment has been tested or timization has had on their lives. that any area in the Constitution has The Department, working with Congress, the concerted efforts of crime victims’ advocates and governmental bodies at all levels, all fifty has also provided unprecedented levels of been tested more than the first amend- States have now enacted laws safeguarding crime ment. We do not need the first amend- funding for victims’ services. Since 1993, we victims’ rights in the criminal justice process, and have received over $2.2 billion in the Crime 32 States have amended their constitutions accord- ment to protect popular speech; we Victims’ Fund, over 90 percent of which has ingly. need it to protect unpopular speech. April 27, 2000 CONGRESSIONAL RECORD — SENATE S2999 That really is the crux of why we ‘‘group entitlements.’’ We are not the government, to establish a govern- should care about amending our Con- going to have a constitutional amend- ment of limited powers, with the rest stitution and carving exceptions or ment for every group. of the powers to the people, not a gov- making changes in our Constitution. Stuart Taylor recently wrote in the ernment of expanding responsibilities. We had a Member of Congress in National Journal about this amend- Jefferson and Madison trusted to the Vermont who was prosecuted under the ment. He wrote: States and the American people to care Alien and Sedition Act in a way that Most of us agree, of course, that prosecu- for the rights of victims of crime and of we all know would be highly unconsti- tors and judges should be nice to crime vic- other misfortunes by means of the tutional. Why? Because he criticized tims (as they usually are). Most of us also democratic process and by using the the Federal Government. They locked agree that parents should be nice to their children. But would we adopt a constitu- tool at hand to solve problems as they him up. You know what? This is why I tional amendment declaring, ‘‘Parents shall arose. They did not mandate a set of love my native State of Vermont: We be nice to their children’’? Or ‘‘Parents shall procedures for relief of every problem do not let other people tell us what to give their children reasonable notice and an by calling them rights and then tack- think. While he was locked up, what opportunity to be heard before deciding ing them on to the Constitution. In- did we do? We reelected him and sent whether and how to punish older children stead, they reserved the Constitution him right back down to Congress. And who have pushed them around’’? Would we for the protection of the people from the shame was on those who supported leave it to the courts to define the meaning the government itself. of terms like ‘‘reasonable’’ and ‘‘nice’’? the Alien and Sedition Act, they were A ban on spanking, perhaps? A minimum Thirdly, in a nation of ordinary prac- soon gone. of one candy bar per day? Would we let the tical people, what is needed are prac- It was a Vermonter, I think the most courts override all state and federal laws tical responses to practical problems, outstanding Vermont U.S. Senator of that conflict with their interpretations? not symbols of concern that at the end the 20th century, who stood on the We don’t need constitutional amendments of the day are empty. Madison and Jef- floor of this body—a quintessential to embody our broad agreement on such gen- ferson designed the original Bill of conservative—Republican Ralph Flan- eral principles. And we should leave it to the states (and Congress) to detail rules for ap- Rights to respond to actual govern- ders of Vermont, who introduced a mo- plying such principles to the messy realities ment abuses such as suppression of un- tion of censure against Joseph McCar- of life. popular speech or unpopular religion or thy, the late Senator from Wisconsin. There is no precedent in a national unpopular newspapers, that the States Joseph McCarthy ran roughshod for constitution for a victims’ rights and the Federal Government could not too long over the first amendment of amendment. But there is precedent for be otherwise trusted to remedy in the the United States, and lives and ca- treating constitutional provisions as normal course of events. reers were ruined because of his accu- group entitlements. For most of the Likewise, the Reconstruction sations. Ralph Flanders stood up and 20th century, there was a nation that Amendments did not enact a long lit- called a halt to that. Then other Sen- rejoiced in criticizing America for not any of procedural rights without sub- ators came forward and joined with caring about the rights of various stance. Instead, they responded to a him. That reign was over. groups of law-abiding people because real, practical history of abuse by I would say to anyone who visits the we did not have such provisions in our State governments of the rights of Af- United States, from whatever country, Constitution. That nation had special rican-Americans. Even then our Nation if you want to guarantee a democracy, constitutional provisions for mothers, was shamefully slow in implementing guarantee two things: Guarantee the immigrants, workers, farmers, hospital the anti-slavery amendments. freedom of speech, including the free- patients, the young, the old, artists, The proposed amendment under con- dom to say things that might be un- journalists, scientists, nature lovers, sideration is fundamentally mis- popular at the moment because you and families. conceived. It would be the most proce- may find within a few years they will I would have brought a copy of its durally complex provision of the entire be the popular ones; and, secondly, 1977 constitution along with me today Constitution, within just a few words guarantee the right to practice any re- if I could carry it. But some of our visi- of doubling the length of the entire Bill ligion you want, or none, if you want. tors today know that country is no of Rights. Every school child, every Because if you protect those two longer here, the former Union of Soviet senior citizen, every American can rights, you protect diversity. If you Socialist Republics. Back then, I felt pick up this Constitution and read it protect diversity in your country, you confident that Mr. Madison and his and understand it. That is the beauty protect democracy. compatriots had done a better job of of it. That is the strength of it. That is I say that those who have opposed drafting a Constitution than Mr. why a quarter of a billion people live in this constitutional amendment are not Lenin, Mr. Stalin, or Mr. Brezhnev, and such freedom. doing it because they lack concern for I am no less proud to be an American We have referred to the last Amer- victims’ rights. Decent and sincere peo- today. Madison, Jefferson, Washington, ican precedent for a constitutional ple in both parties who serve in this and the other founders understood amendment to increase the power of Chamber respect victims’ rights, but three key lessons other countries are government over law-abiding citizens. many of us oppose this amendment. I only learning now, 200 years later. That was prohibition. It was well in- support crime victims’ rights. I do not First, in a democracy, it is better to tentioned but, my word, what a dis- support a victims’ rights constitu- have a short constitution everyone can aster. It ended up staining the reputa- tional amendment. read and understand rather than a long tion of Senator Volstead and others The issue before the Senate is wheth- one full of symbolic declarations, who championed its cause. It was so ill er to amend the U.S. Constitution—and legalese, and procedural details. I hold suited to the framework of our Con- almost double the length of the entire the Constitution, including the Bill of stitution that it bears the distinction Bill of Rights—by adding a complex Rights and the Declaration of Inde- of being the only constitutional listing of constitutional victims’ rights pendence in this little booklet. amendment that had to be repealed. and limitations that may diminish the The distinguished senior Senator I still remember the stories I was Constitution and do little to protect from New York mentioned a country told as a child, many in Vermont, of victims. It is not like passing a com- we all respect, a democracy, France, good, upright citizens who prospered memorative resolution. which amended its Constitution so greatly during prohibition, perhaps be- Do we have to pass constitutional many times to fit in every single little cause of the fortuitous aspect of our amendments to prove we care about thing they could possibly think of so geographical location bordering on people? We care about victims, but we that, as the story goes, in the libraries Canada. also care about mothers, immigrants, they do not file it under ‘‘constitu- If I could digress for a moment, we workers, farmers, hospital patients, tion,’’ they file it under ‘‘periodicals.’’ have a large lake in the northern part the young, the old, artists, journalists, Well, I do not want that to be the U.S. of Vermont, Lake Memphremagog. My scientists, nature lovers, and families. Constitution. wife was born on the shores of Lake We have heard complaints in this Secondly, in a free society, the pur- Memphremagog, as she quickly points Chamber more than a few times about pose of a constitution is to constrain out, on the Vermont side. Her parents, S3000 CONGRESSIONAL RECORD — SENATE April 27, 2000 of French Canadian descent moved sponse to a practical problem. Many of the accused. We should be reluctant there to take up life as new American States are ahead of the Federal Gov- to presume that we can draft a one- citizens. She became a first-generation ernment in protecting victims’ rights. size-fits-all set of detailed procedural American. Recent years have seen huge advances rules that will work to protect dif- Lake Memphremagog is a magnifi- in protection of victims’ rights in ferent people who are victims of dif- cent lake that is half in Vermont and State constitutions and State legisla- ferent crimes in cases in different half in Canada. During prohibition tion, in the provision of restitution or States—the kind of constitutional time, some of the farmers who had lit- other compensation where practical, micromanagement of the judicial proc- tle farms, one or two cows and a falling and in improvement of law enforce- ess the framers were too wise to at- down barn along the lake, had very ex- ment resources and techniques to en- tempt. These 400-odd words of the 63rd pensive Chris-Craft speedboats. I men- sure proper regard for victims. draft of this proposed amendment do tion this because the local Customs of- While Congress has been focusing its not fit with the size and style, the lim- ficial had a slower boat with an out- attention on more than 60 drafts of a ited Government vision, or the prac- board motor. Every evening about constitutional amendment on victims’ tical approach of the U.S. Constitution dusk, these farmers would go out with rights, it has actually slowed us down and the Bill of Rights. their high-powered speed boats and from doing real improvement to the I hope when we finish this debate all they would have their fishing rod and a way crime victims are treated in Fed- Senators will join in efforts to improve couple worms and they would head out eral courts and by Federal prosecutors. victims’ rights through the States and across the lake toward Canada to go Our legislative achievements of the pe- through Federal legislation. fishing, their speedboats riding high. riod from 1994 through 1997 have not I see the distinguished Senator from About 2 o’clock in the morning, you been matched in the last several years. Delaware on the floor. As chairman would hear this awful roar across the I fear this debate on the proposed con- and as the ranking member of the Sen- lake as several of these came back, ob- stitutional amendment will be in lieu ate Judiciary Committee, Senator viously the ‘‘fishing’’ having been very of consideration of scores of significant BIDEN has worked very hard on legisla- successful because the boats are now legislative proposals introduced by tion to help victims of all kinds of riding much, much lower. You can Senators on both sides of the aisle to crime. The distinguished Senator from imagine the chagrin of the poor Cus- help victims. Delaware has helped write laws that toms agent who had to try to fulfill the Violent crime is a serious practical can take effect and have money and prohibition provision of the Constitu- problem in our society—far more than teeth in them to help victims. I have tion, as he wondered which one of these it was even when I was a prosecutor. As done some, as have others. Usually, we fishing boats he should try to inter- a parent, as a grandparent, that trou- join in bipartisan efforts to do it. But cept, knowing he could not intercept bles me greatly. But there is not a fun- they have been pieces of legislation any of them because he could not catch damental problem—certainly not one that, once signed into law, we could them. requiring a rigid, one-size-fits-all set of watch. We could see if they were work- Whether it was because of the ‘‘fish- constitutionally mandated proce- ing, and if they did, fine, we could ex- ing’’ or not, for at least a generation dures—in how the States treat victims pand them and give them more money. thereafter, the two most popular of violent crimes today. If they did not work, we could change brands of alcohol in Vermont were the We have visitors in the gallery today them. We cannot do that with a con- two that are also the most popular in from Russia, the successor to the stitutional amendment. the Province of Quebec, right across former Soviet Union. The old Soviet I ask those who are for victims’ the lake. Constitution demanded the obedience rights to support congressional action As I said, I digress. But prohibition of Russians. It really was not very sub- on S. 934, the Crime Victims Assistance caused such a disrespect for the law. It tle about it. Article 59 declared that Act. really made us look foolish, but it took every citizen was ‘‘obliged to observe Mr. President, we have editorials in forever to change it because it was in the Constitution and comply with the opposition to this constitutional the Constitution. If we made the mis- standards of socialist conduct.’’ amendment from the Asheville Citizen- take of doing it as a statute, we could Well, the U.S. Constitution does not Times, the Baltimore Sun, the Chicago have amended it. We could have command; instead, it counsels humil- Tribune, the Herald, the Philadelphia changed it within a year. Everybody ity. It is humbling to consider the Inquirer, the Richmond Times-Dis- knew it was not working. Everybody great minds that drafted it, its clarity patch, the San Francisco Chronicle, knew it was increasing the power of or- and simplicity in laying down a frame- the San Francisco Examiner, the San ganized crime. Everybody knew it was work to protect law-abiding people by Jose Mercury News, the Seattle Post- bringing about corruption and bribery ensuring limited, democratic govern- Intelligencer, the St. Petersburg and everything else. But worse than ment. It is also humbling to think how Times, the Washington Times, the Col- that, a democracy can enforce its laws it has stood the test of time. It remains legiate Times, the Pittsburgh Post-Ga- only if people respect the laws. A de- extraordinary what was achieved in 4 zette; and the South Bend Tribune. I ask unanimous consent that several mocracy can work only if we know short months in Philadelphia in 1787, of these articles be printed in the that these laws are fair and these laws when communication meant walking RECORD are just. from one building to another to talk to . There being no objection, the mate- We do not have a police officer in somebody, or sending a letter by horse- rial was ordered to be printed in the everybody’s house. We do not have a back. In 4 short months, look at what RECORD, as follows: police officer on every corner. We ex- they wrote. pect people to obey the laws. But if By contrast, we have been waiting [From the Washington Times, Feb. 15, 2000] they have no respect for them, then twice that long for the House-Senate AN UNCLUTTERED CONSTITUTION they do not. In all the years it took to conference on the juvenile crime legis- (By Bruce Fein) repeal this, for over a decade, the laws lation to meet and complete its work— What keeps our Constitution sacred and something that could really help vic- accessible to the ordinary citizen is majestic in this country and the people’s respect brevity and a confinement to essentials. for the laws of this country diminished tims of crime in this country, some- Amendments should thus be limited to every single year. Nobody could do thing that could be done now and issues of great and enduring moment that anything about it because it takes so something that could be sent down to cannot be safely entrusted to popular ma- long to repeal a constitutional amend- the President and signed into law and jorities. The pending Victims’ Rights ment. it would be the law of the land imme- Amendment, under active consideration by So let us look at statutes when we diately. But we do not meet because the House and Senate and lukewarmly sup- can. Let us think of article V of the the gun lobby said do not meet. ported by the Clinton administration, falls short of that historically exacting standard. Constitution, which says you amend We ought to be very slow in this The amendment, House Joint Resolution only when necessary. Chamber to presume that we know bet- 64, would dictate an array of victims’ rights Last, but by no means least, the pro- ter than the founders how to balance in federal or state criminal or auxiliary pro- posed amendment is not a practical re- the power of government and the rights ceedings. The motivation is irreproachable: April 27, 2000 CONGRESSIONAL RECORD — SENATE S3001 to guarantee crime victims a minimum op- tions of persons accused of crime. But crimi- alter the principles of justice set forth in the portunity to be heard or to be otherwise in- nal defendants, unlike crime victims, are U.S. Constitution. volved when the disposition of their preda- generally pariahs who need safeguards tors in question. But good motivation, with- against an infuriated public clamoring for [From the San Francisco Examiner, April 14, out more, does not justify a constitutional instant justice. Further, what is at stake for 2000] coronation. If it did, the 1964 Civil Rights the accused is his life or liberty, the most NO VICTIMS IN THE CONSTITUTION Act, the 1965 Voting Rights Act, the 1968 Fair precious of our natural rights. Dianne Feinstein is wrong on this one. The Housing Act, Title IX of the Higher Edu- * * * * * usually astute Democratic U.S. senator from cation Act, the American With Disabilities Every constitutional amendment dents our California is leading a campaign to get a vic- Act, and an endless list of companion federal system of federalism. It removes an issue tims’ rights amendment added to the federal laws would be elevated to constitutional sta- from the agendas of state governments that Constitution. tus and the document would smack more of can more closely tailor solutions that satisfy Along with Sen. John Kyl, R-Ariz., and 40 Edward Gibbon’s ‘‘Decline and Fall of the constituents and serve as laboratories for other senators, she is sponsoring legislation Roman Empire’’ than of Lincoln’s Gettys- sister states and the federal government that would allow the states to vote on ratifi- burg Address. cation of the 28th amendment. The votes of VRA crusaders have cobbled together an without risk to the entire nation. Errors can be corrected by simple legislation, which is 67 senators are needed for passage. Three- assortment of unpersuasive reasons for their quarters of the states must ratify the constitutional cause, as though adding zero nimble compared to overcoming a constitu- tional misstep, like the Prohibition Amend- amendment before it goes into effect. to zero repetitively may eventually equal Victims’ rights is an idea that’s seductive something. It is said criminal defendants and ment. Deference to stale choice additionally offers citizens greater opportunities to par- by its very simplicity. Of course victims prisoners enjoy constitutional rights that should have rights. Who can deny that? But trump victims’ rights enumerated in scores ticipate directly in the responsibilities of self-government, indispensable to sustaining enshrining them in the Constitution is a of statutes and state constitutions. But feel-good exercise of dubious value that car- nothing in the constitutional text or United a robust democratic culture. In sum, the Victims’ Rights Amendment ries potential harm. States Supreme Court precedents even hints has nothing to commend and much to de- ‘‘The Constitution,’’ argues Feinstein, at a conflict with victims’ rights that com- plore. ‘‘gives 15 specific rights to the accused, but mand lower statutory status: the right to no- victims have no basic rights under the Con- tice and to have views considered in prosecu- [From the San Francisco Chronicle, April 25, stitution.’’ torial, sentencing, parade, or commutation 2000] That misses the point of what the Con- decisions and to attend criminal trials. stitution and the Bill of Rights are about. Amendment proponents have searched in A VICTIMS’ RIGHTS PLAN THAT GOES MUCH The rights enumerated are protections for vain for a single court decision that supports TOO FAR individuals against the awesome power of their fretting. Victims of crime deserve consideration and the government. They are not intended to Crime victims have demonstrated stunning compassion, but a constitutional amendment referee fights between citizens or redress the success in majoritarian politics who need no giving them a new category of ‘‘rights’’ goes grievances of victims of private action, no constitutional protection from potentially too far. matter how terrible the consequences. hostile legislation. As a chief sponsor of the The U.S. Senate will attempt this week to Littering the Constitution with other mat- Amendment, Rep. Steve Chabot, Ohio Repub- alter the Constitution again, this time with ters cheapens it and opens the door to inclu- lican, testified last Thursday before the a Victims’ Rights Amendment drafted on the sion of the flotsam and jetsam of some citi- House Judiciary Subcommittee on the Con- premise that victims should have more say zens’ oddball desires. If you think this over- stitution, ‘‘In 1982, California became the about the trials and dispositions of defend- states the case, just look at the junk foisted first state to pass a Victims’ Rights Amend- ants. on the California Constitution by an overac- ment to its constitution. Since that time, 32 Specifically, it would give victims the tive initiative process. states, including my home state of Ohio, right to attend all proceedings, to make This is not to say there shouldn’t be a law. have passed similar amendments . . . rati- their views known about sentencing and plea In fact, legislation is exactly where victims’ fied [by an average of] 79 percent of the vote arrangements, to be notified whenever an of- rights belongs. in state-wide referendums.’’ fender is released from custody, to demand a As a bill in Congress, the planks of vic- That is no surprise. Crime victims evoke speedy trial and to get restitution from the tims’ rights would be unobjectionable. Con- almost universal sympathy, and no one cam- offending party. sider the constituent parts of the amend- paigns boasting, ‘‘I will vote against victims’ Considering the often deep pain they suf- ment. Among other features, it would give rights.’’ fer, victims deserve to be heard and pro- some 9 million victims of violent crimes and Amendment apostles also urge that state tected by the criminal justice system, but their families the right to notice of criminal laws are disrespected by state judges or pros- tinkering with the Constitution is no way to proceedings in their cases and the right to ecutors. But that is unvariably true of new do it. Many of these concerns can and have attend them; the right to testify or submit laws during their childhoods. Legal training been addressed through legislation, which statements at trials, parole hearings and and habits are customarily backward-look- can be amended as problems and unintended other proceedings; the right of notice if the ing, and legal bureaucracies lie midpoint be- consequences are identified. felon escapes or is released, and the right of tween sclerosis and rigor mortis. But troglo- One of the problems with this amendment restitution from the perpetrator of the dyte judges, prosecutors, and clerks will die is that its definition of ‘‘victim’’ is too crime. or retire; their replacements will be victims’ vague, creating a financially onerous and So far, 32 states have passed legislation or rights enthusiasts indoctrinated in the new otherwise impossible mandate. For example, constitutional amendments specifying vic- gospel. The problem of inattention to state in the Oklahoma City bombing, who would tims’ rights. But Feinstein complains that or victims’ rights laws will solve itself, in the victims be? The office workers who sur- until the U.S. Constitution is changed, a de- the same way that unionization rights flow- vived the bombing, the family members and fendant’s rights trump a victim’s rights ered in the legal system in the 1930s after friends of the hundreds killed or maimed, or when there’s a conflict between the two. decades of crabbed interpretations and appli- anybody in town still suffering the horri- We’re glad she’s not also proposing to cations of statutes. fying aftermath? change the standard of criminal guilt from Amendment champions retort that vic- As such, all would have to be notified ‘‘beyond a reasonable doubt’’ to a ‘‘prepon- tims’ rights would command more prosecu- about trial proceedings, have the right to derance of the evidence.’’ Presumably that torial and judicial respect if enshrined in the speak and to push for specific prosecution. would also make trials more fair for victims. Constitution. But prosecutors and judges And if they didn’t agree on sentencing or the But the American system of criminal justice take oaths to defend state laws every bit as way the case was adjudicated, what would is built on the sane principle that letting a much as they vow to enforce the Constitu- the court do then? possibly guilty defendant go free is a thou- tion. If they would honor the first more in Meanwhile, advocates for battered women sand times preferable to convicting an inno- the breach than in the observance, the sec- dread what would happen if a women is ar- cent person. ond would fare no better. History also speaks rested for responding to domestic abuse— The 13 men released from death row in Illi- volumes. The 1866 Civil Rights Act pro- namely that the abuser could become the nois after new exonerating evidence was un- tecting freedom leaped into the Constitution victim with rights to oppose her bail and covered would be glad to tell Sen. Feinstein with the 1868 14th Amendment, but the civil seek restitution. Perhaps that’s why a slew why legal protections for the accused are rights of blacks were routinely ignored by of victims’ rights groups is among those splendid ideas. Anyway, the guts of a sen- courts, including the United States Supreme most opposed to the amendment. sible victims’ rights program wouldn’t con- Court, for almost a century during the ugly Although a grand gesture, this proposed flict with legal protections for defendants. era of Jim Crow. Similarly, did the Roman constitutional change is clumsy and cum- Victims and their families sometimes do Catholic creed induce greater compliance bersome, destroying the very core of our jus- get poor treatment from prosecutors and with the proclamation of Papal infallibility tice system—the right to a speedy trial and courts. Trying to remedy that by amending in 1870? the presumption of innocence. Both Congress the Constitution is a grandstand play that Victims’ rights paladins wrongly equate and state legislatures have the ability to generates a lot of publicity. But it is unnec- their cause with the constitutional protec- strengthen victims’ rights without trying to essary and wrong. It would dilute the time- S3002 CONGRESSIONAL RECORD — SENATE April 27, 2000 tested and trusted document that defines re- jury, who’d be the victim: Paula Jones? Ken grounds for electing prosecutors and judges lations in this nation between citizens and Starr? 275 million Americans?) who will take them seriously. It’s also their government. George W. Bush ‘‘strongly supports’’ the grounds for realistic expectations: Some Don’t make us all victims of an ill-consid- Feinstein-Kyl amendment. It’s not on his goals are not likely to be realized no matter ered crusade. Website, www.georgewbush.com however; what. Restitution, for example, is largely a there’s no issue statement on crime. vain hope simply because most criminals are [From the San Jose Mercury News, April 20, Most victim’s groups are for it, but not all. poor and thus lack the money to pay it. 2000] Bud Welch, whose daughter was killed in The proposed constitutional amendment, the 1995 Oklahoma City bombing, chairs Citi- VICTIMS OF CRIME DON’T NEED CONGRESS’ however, threatens to do more harm than zens for the Fair Treatment of Victims, CONSTITUTIONAL MEDDLING good. Its guarantees could sometimes con- which opposes the amendment. Emotional flict with the rights of defendants, as when it (By Joanne Jacobs) relatives might hamper prosecutors, Welch gives victims the right to demand a speedy You have the right to remain silent, when argues. Many relatives of victims objected to trial. In such instances, the suspect’s right accused of a crime. a plea bargain made to secure testimony of to defend himself could be compromised, in- You have the right to speak up, when vic- an accomplice of Timothy McVeigh and creasing the risk that innocent people will timized by a criminal. California and 31 Terry Nichols, Welch Writes. ‘‘Had this go to jail. Or the defendant’s right could other states have passed victims’ rights amendment been in place, the judge may trump—in which case the new amendment amendments to their constitutions; all the have refused the plea agreement, making it would amount to little more than empty rest have statutes. significantly more difficult for the govern- symbolism. So why do we need to amend the Constitu- ment to convict McVeigh and Nichols.’’ In either case, the decision will be made by tion of the United States of America to in- Furthermore, consulting all the family judges, not legislators or voters. The advan- clude a Crime Victims’ Rights Amendment? members of all the victims—168 were killed tage of protecting victims’ rights by law is Because it’s an election year. and many more injured—would have created that different states can experiment with Next week, on April 25, the Senate will de- chaos, delaying the trial. different approaches to see which are most bate the victims’ amendment, sponsored by Feinstein cites the Oklahoma City bomb- effective and affordable. Once this amend- California Senator Dianne Feinstein, a Dem- ing as proving the need for the amendment. ment is entrenched in the federal Constitu- ocrat, and Arizona Senator John Kyl, a Re- The judge told victims’ families they tion, though, the entire nation will have to publican. The vote may be April 27 or 28. couldn’t sit through the trial if they wanted live with a ‘‘one size fits all’’ approach—and Some 46 senators have signed on to the to testify at the sentencing hearing. When we may find that one size fits none. bill, but it will take a two-thirds majority Congress passed a law allowing it, the judge Someone once said that a vice is often just (67) and two-thirds of the House (291) for pas- said the Constitution, guaranteeing a fair a virtue taken too far. The Senate shouldn’t sage, plus three-fourths of state legislatures trial to the defendants, trumped the law. make that mistake on victims’ rights. to ratify. This is Feinstein’s only example of a con- The Constitution shields Americans—espe- flict that would require a constitutional Mr. LEAHY. Mr. President, I have so cially the unpopular—from governmental amendment. much respect and affection for two key power. The amendment also gives victims rights sponsors, Senator KYL of Arizona and The amendment grants rights to a politi- before a court has determined they’re really Senator FEINSTEIN of California. They, cally popular and sympathetic group, vic- victims, noted Robert P. Mosteller, a Duke as the other 98 Senators of both par- tims. But no legislation can guarantee sensi- law professor, in testimony before the House ties, care deeply about the rights of tivity by prosecutors and judges or com- Judiciary Committee. petence by clerks assigned to notify victims Imagine the Rodney King case, with no victims. Anybody who has seen some of about changing court dates. No amendment videotape, Mosteller said. The police officers the violent crimes in this country or law can give Americans what we really charge King attacked them. As victims, the could not feel otherwise. A great, pow- want: freedom from killers, rapists and rob- officers could ‘‘sit in the courtroom during erful, wealthy nation ought to care bers. the testimony of all other witnesses as a about the victims of child abuse, or Instead, the amendment would federalize matter of federal constitutional right. This fraud, and victims of all crime. That is rights already offered by the states: Victims provision would permit the true perpetrators not the issue. The issue, I say to my must be notified about bail, plea bargains, of the crime to coordinate their false version friends, is the legacy we leave to the trials, sentencing and parole hearings, and of the facts’’ and convict the real victim. about a prisoners’ release or escape. They’re A judge could weigh witness-victims’ right next generation. So much of that leg- entitled to a restitution order, which is usu- to attend and the defendant’s right to a fair acy as Senators is what is in the Con- ally uncollectible. trial, Feinstein argues. The defendant might stitution. Feinstein-Kyl also includes ‘‘consideration win. We will not vote on anything more of the interest of the victim that any trial be Or be convicted by tainted testimony, lead- important than constitutional amend- free from unreasonable delay,’’ which means ing to more appeals. ments, unless it is a declaration of war. the victim could ask for a speedy trial but It’s not worth it. My bottom line is simple: Don’t mess with There have been thousands of votes I the judge wouldn’t have to grant it. have cast, and many that I can remem- Victims would have a right to attend the the U.S. Constitution. Since the Bill of entire trial, even if they’re going to be called Rights was added 209 years ago, only 17 ber were inconsequential. Virtually all as witnesses and might tailor their testi- amendments have been added to the Con- of them were on issues on which, if we mony to fit an earlier witness’s statement. stitution. It should not be changed unless ab- did not like the results we could come However, the judge could decide the de- solutely necessary. It’s not necessary in this back and revisit it the next Congress fendant’s constitutional right to a fair trial case, not even close. Leave the Constitution and change it. You cannot do that with outweighs the victim’s constitutional right alone. a constitutional amendment. You do it to attend. with practical, pragmatic legislation Other than adding a symbolic statement— [From the Chicago Tribune, April 25, 2000] ‘‘Pols (hurt) Victims’’—to the U.S. Constitu- THE WRONG WAY ON VICTIMS’ RIGHTS that actually helps people—legislation tion, this wouldn’t change much. Except to Some national issues of grave importance that the Senator from Delaware has provide more ways to file lawsuits, which can be dealt with adequately only by amend- passed, legislation that I have passed, isn’t going to make justice any swifter. ing the United States Constitution. That was legislation that Senators on both sides Both presidential candidates are pro-vic- true of slavery, women’s suffrage, and the in- of the aisle have passed, including Sen- tim. come tax. But the same can’t be said about ators NICKLES, DEWINE, and others. I ‘‘I will lead the fight to pass a Victims’ the treatment of crime victims. do not mean to exclude other people Rights Amendment to the United States Their needs are real and worthy of con- who have joined in on real legislation Constitution—so our justice system puts vic- cern. The Victims’ Rights Amendment due tims and their families first again,’’ Al Gore for a Senate vote this week, however, is that really works for victims. said in a Boston speech last July. overdoing a good thing. Mr. President, how much time is still Apparently, he hasn’t started yet. Gore’s Every state has a law or constitutional available to the Senator from ‘‘Fighting Crime’’ agenda on his provision assuring that crime victims may Vermont? www.gore2000.org site doesn’t mention vic- attend judicial proceedings that concern The PRESIDING OFFICER (Mr. tims rights, and the vice president hasn’t en- them, be notified of the impending release of HELMS). There are 48 minutes remain- dorsed the Feinstein-Kyl amendment. their attackers, sue the offender for restitu- ing. The Clinton administration is wavering on tion, and the like. Many of these measures Mr. LEAHY. I yield the floor to the the amendment, worried about interfering are relatively young and, according to vic- with prosecutors, denying defendants’ rights tims’ rights advocates, have not fulfilled the Senator from Delaware. and impinging on the president’s power to hopes lodged in them. Mr. BIDEN. Mr. President, is the grant executive clemency. (If President Gore That’s an argument for better funding and Senator from Delaware under a time wanted to pardon ex-President Clinton’s per- more meticulous implementation. It’s constraint? April 27, 2000 CONGRESSIONAL RECORD — SENATE S3003 The PRESIDING OFFICER. Under in the idea that the person who did bad tims of crime who were so callously the cloture situation, the Senator has things to them was pursued, and they treated that they weren’t even in- up to 1 hour. got their day in court—‘‘they,’’ the vic- formed, and the person against whom Mr. BIDEN. I thank the Chair. Mr. tim. they had sworn out the warrant they President, I thank my friend from Also, there is an overwhelming found sitting in the trolley car with Vermont for his kind comments. It is amount of evidence that began to pile them on the way home. They were not rare on matters of constitutional law up in the 1960s, 1970s, and then in the in that position. and matters of civil rights and civil 1980s it reached a high pitch. In the What are constitutional amendments liberties that the distinguished Sen- 1990s it pertained as well. That is where about? ator from Vermont and I end up on op- people lost respect for the government Constitutional amendments are posite sides of the issue. We are on op- and lost respect for the law because about dealing with serious concerns of posite sides of this issue. I, as the Sen- they believed they were not treated the public that come about as a con- ator from Vermont, have been very re- with respect—where victims found sequence of changed circumstances. luctant over my 28 years in the Senate themselves, in their view, victimized One of the circumstances changed—and to support constitutional amendments. not only by the criminal but victimized I suspect what previous speakers have I think they are a matter of significant by the system. been speaking to when they talked concern and should not be undertaken That is why, I note parenthetically, about how the system used to work—is without significant need and only after when I wrote the Violence Against that there is a feeling on the part of it is concluded that the same result Women Act I provided for a means by the vast majority of the victims of could not be accomplished statutorily. which a woman who was a victim of crimes that they have no control over So it is after some considerable violent crime could, if the prosecutor the situation. They have no control. thought—and, I might add, a consider- chose not to go after her assailant, Not only were they victimized by the able amount of work with the two pri- after the person who did those bad criminal, but they go in and either find mary sponsors of this amendment— things to her, she could at least go into themselves in the circumstance where that I have arrived at the point where the civil court and sue that individual. there has been a deal made which they I support this amendment. Again, there was overwhelming testi- were no part of, or there was a sen- Before I begin to discuss the details mony from psychiatrists and psycholo- tencing that took place and they didn’t of the amendment, let me suggest to gists that there is a need for healing. get a chance to tell the judge how the Senator from Vermont that I came Part of the catharsis in healing is to be badly this guy beat them up, or that in at the tail end of his initial com- able to go through the process and be- money that was stolen from them was ments regarding public prosecution as lieve you are getting fair and decent the last money they had in the whole opposed to privately going out and hir- treatment. world, and they lost their home. Just ing a prosecutor to redress a criminal There are two things at stake when the need to cry out and say: Listen to wrong that had been done to you, and this cause of victims’ rights begins to me, listen to me. Just listen to me. his discussion about whether or not it arise. That is all I am asking you to do. was an established principle that the The public prosecutors, not because It is not that the prosecutors are bad founders thought public prosecution they were no longer caring, but be- guys or bad women. They are incred- was appropriate at the time of the Con- cause of the overwhelming burden, ibly overloaded. stitution. He is dead right on the facts. found themselves becoming increas- As the Presiding Officer knows, we But I suggest to him, and others, that ingly callous about the plight of the have an incredible amount of time, I suspect the points being made—and I victims. notwithstanding the fact it has have been in Colombia spending a good I used to be a public defender. When dropped the last 7 years in a row. deal of time with President Pastrana I was a young lawyer, I would be as- This is about going back to a time on the drug and narcotrafficking prob- signed three or four or five cases to be when public prosecutors had the time lem he faces, so I missed a day of de- tried in 1 day. The prosecutor would be and exercised judgment to make a deci- bate on this. So I may be mistaken in assigned five, six, seven, or eight cases sion relative to moving forward against what I am about to say. But I expect to be tried in 1 day. Everyone knew a defendant in conjunction with the that those who talked about public that plea bargaining process was nec- concerns of the needs of and the desires prosecution versus private prosecution essary. of the victims. were trying to make the generic Often, looking back on it, the victim, point—I hope they were—that at one or the alleged victim of the crime, That is what is missing. point in our English jurisprudential found himself or herself showing up for We are here today to discuss two history, and for a number of centuries court and learning from some pros- matters that I have cared about for early on, the issue of moving forward ecutor that they had dismissed the many years. The first is crime—more to prosecute a wrong against you was case. We didn’t think there was suffi- specifically, the victims of violent totally in the hands of the victim. The cient evidence, or we decided to allow crime. The second is the Constitution victim made that judgment. them to plead to petty larceny rather of the United States of America. Early on, to overstate it, in the 14th, than robbery or burglar, or we decided As the Presiding Officer knows, we the 15th, the 16th and 17th century, if I so on and so on. came at the same time, and both of us were mugged in the stable, it would be The impact upon victims and their dedicated a significant portion of our Biden v. Jones. It would not be the faith in the system and their notion of life in the Senate to various issues. We Crown v. Jones. I was not represented whether or not government worked was developed different interests, expertise, by anyone but myself. This process always damning—always impacting and/or assignments. In my case, it has evolved. The only good part of that upon them in a negative way. been both the plight of crime victims process was that the victim controlled To make a long story not quite so and the preservation of our constitu- his or her own fate to a significant de- long, the Senator from Vermont is cor- tional liberties. That is why I have gree. rect. Public prosecution did take place thought long and hard about amending All of the years and years that I was when our Republic became a republic. the Constitution to guarantee the vic- chairman of the Judiciary Committee There were not, for example, in the tims of crime the elemental rights that and the ranking member, we held hear- city of Philadelphia, 25,000 felonies they deserve, but too often are denied. ing after hearing about how victims tried a year in one little city. There Time and again, I wrote and sup- feel disenfranchised. One of the things were not 68,000 habeas corpus out there. ported many statutory protections for that victims of violent crime need to There was not the need for a pros- victims. To cite just a few examples: be able to come to closure with is the ecutor to find himself or herself in the The 1990 Victims Bill of Rights gave dilemma and the horrible position in position where they dismissed a large victims a number of important proce- which they were placed. They have to number of cases just because they dural rights, including the right to no- see it come to fruition. They have to be didn’t have time to get to them. There tice of court proceedings, the right to able to know that they had some hand were not circumstances where the vic- confer with the prosecutor, and the S3004 CONGRESSIONAL RECORD — SENATE April 27, 2000 right to information about the convic- charter of victims’ rights into our Con- fendant might be forced to proceed to tion, sentencing, imprisonment, and re- stitution setting a national, uniform trial without sufficient time to prepare lease of the offender. baseline of rights for all victims of vio- a defense. In other words, this language The 1994 Biden crime law: lent crimes. would have made it both more difficult Gave federal victims of sexual and Now, one of reasons there were more for prosecutors to get convictions and child abuse the right to mandatory res- than 60 drafts of this constitutional easier for those defendants who are titution; amendment is because I insisted on a convicted to overturn their convictions Gave victims of violent crimes and number of basic changes before I would on appeal. sexual abuse the right to be heard at agree to support it. And with the help We want to make sure—above all— the sentencing of their assailants; of Professor Larry Tribe, I proposed that we get the right criminal, and Provided special court-appointed ad- these changes, and the sponsors accept- that we don’t convict an innocent per- vocates for child victims of crime; ed them. son. And we also want to make sure And it also included the piece of leg- My three key specific ‘‘principles’’ that the great police power of the gov- islation closest to my heart: the Vio- for drafting the language of the amend- ernment is not exercised in heavy- lence Against Women Act, which pro- ment were as follows: handed, over-reaching ways that vided ground-breaking and sweeping Principle No. 1: The amendment threaten the constitutional liberties of assistance to victims of family vio- must set out the specific rights to be all of us. lence and sexual assault—and which, I accorded constitutional status—the And so I insisted on modifying that might add, needs to be re-authorized core of which should be rights of par- language so that victims have the right this year through my Violence Against ticipation. Victims should be entitled ‘‘to consideration of the interest of the Women Act II bill, which has 46 cospon- to the following rights of participation: victim that any trial be free from un- sors. The right to be informed about, and reasonable delay.’’ The 1996 Anti-Terrorism Act included not excluded from, any public pro- This is an important change. This HATCH-BIDEN provisions guaranteeing ceedings involving the crime; means—in plain English—that before mandatory restitution to all victims of The right to make a statement to the granting a third, fourth, or fifth con- violent federal crimes; court about bail, the acceptance of a tinuance, judges in every state—from And, now, I am pleased to support— plea, and sentencing; Delaware to Utah to California—must and urge all of you to support—a con- The right to be informed about, and take into account the inconvenience stitutional amendment to protect vic- to participate in, parole proceedings to and hardship to a victim and must pro- tims’ rights. the same extent as the convicted of- ceed with the trial unless there is a I am proud of my track record on vic- fender; and good reason to wait. tims’ rights. But I am convinced that The right to be informed of an escape What this does not mean is that federal statutory guarantees are not or release from custody. judges must push lawyers to try cases enough. Judges are simply too quick to Principle No. 2: The amendment before they’re ready. conclude, almost reflexively, that the must not unintentionally hamstring Next change: prosecutors and others defendant’s constitutional rights criminal prosecutions. We cannot for- worried that with the old drafts, a de- trump the victim’s mere statutory get: the best thing for victims is to fendant could withdraw his plea or a rights, even when conflict is illusory or catch and convict the bad guys; we judge could be forced to throw out a could readily be resolved. You heard have to make sure that nothing in the sentence after it had been accepted, about the difficulties we had after the amendment would make that job more jeopardizing the government’s ability Oklahoma City bombing with a federal difficult. to get a conviction of guilty defend- statutory approach to help the victims Principle No. 3: The amendment ants. and their families. Senator FEINSTEIN must not abridge the rights of the ac- outlined in detail the chronology of cused. The protections in our Constitu- I insisted on new language that events there, and so I will not repeat tion for the accused—such as the right makes it clear that nothing in the them. to counsel, the right to a jury of one’s amendment provides grounds to over- But equally important, because more peers, and the right against self-in- turn a sentence or negotiated plea. than 95 percent of all crimes are han- crimination—are there, above all, so Finally, I was concerned with earlier dled at the state level, our federal stat- that our system does not convict an in- drafts that the amendment could be utory rights simply do not reach the nocent person. Locking up an innocent perceived as giving a victim’s rights a great majority of crime victims. person benefits no one—except the higher constitutional standing than Regrettably, the hodge-podge of pro- guilty. those of the criminal defendant—in tections for victims in place at the Let me describe for you a few of the other words, that victims’ rights would state level is spotty and inadequate. changes on which I insisted, and which be perceived as trumping defendants’ There is no common denominator of I believe makes this an amendment ev- rights. Section 2 of an earlier draft rights that victims are guaranteed in eryone can and should support: stated that nothing in the amendment every state of the union. As a Decem- Originally, the constitutional amend- would ‘‘provide grounds for the accused ber 1998 report by the National Insti- ment would have covered the victims or convicted offender to obtain any tute of Justice found: of all crimes. But prosecutors worried form of relief.’’ Enactment of state laws and state con- that the extension of rights to non-vio- I insisted that we change that lan- stitutional amendments alone appears to be lent crimes—particularly those crimes guage, and with the help of Professor insufficient to guarantee the full provisions affecting massive numbers of victims, Tribe, we redrafted Section 2 and re- of victims’ rights in practice. such as may be the case with mail moved that restriction on the rights of This report found numerous in- fraud or environmental crimes—would the defendant. stances in which victims were not af- backfire, making it too difficult, too While the language is clear that forded the rights to which they were burdensome, to bring these cases. I in- nothing in the amendment itself gives entitled. sisted that the amendment be limited rise to a claim of damages against the For example, even in states identi- to the victims of violent crimes, and United States, a State, a political sub- fied as providing ‘‘strong protection’’ that change was made. division, or a public officer or em- to victims’ rights, more than 40 per- Earlier drafts of the amendment gave ployee, at the same time, it does noth- cent of victims were not notified in ad- victims the right to ‘‘a final disposi- ing to bar defendants from obtaining vance of the defendant’s sentencing tion of the trial proceedings free from relief for violations of their own con- hearing. And more than 60 percent of unreasonable delay.’’ Prosecutors be- stitutional rights. victims in these strong-protection lieved that this could allow victims to And let me comment further about states did not receive notice of a de- force them to proceed to trial before the rights of the accused—an issue that fendant’s pre-trial release. they are prepared. I know gives some of you pause about And so, I have come to the conclu- Defense lawyers believed that the this amendment. I have spent my en- sion that it is time to write a basic language created the risk that the de- tire career in the U.S. Senate looking April 27, 2000 CONGRESSIONAL RECORD — SENATE S3005 out for the rights of the criminal de- balance these competing interests and Mr. President, the victims of violent fendant. There is an obvious and nat- grant exceptions where necessary. crime are a compelling group of Ameri- ural tension in the system between Let me repeat: a constitutional cans and deserve our supports and our protecting the rights of the criminal amendment for victims does not mean attentions. Nothing is more dev- defendant and ensuring that law en- that victims’ rights will take prece- astating to a family than loosing a forcement is effective, and I have al- dence over defendants’ rights. loved one through a senseless, random ways worked to achieve a balance be- Both the criminal defendant and the act of violence. Nothing is more dev- tween these competing interests. victim can and should have the chance astating to a community than the kind I say to you that this constitutional to participate at trial and at other re- of violence we see in our schools and on amendment, with the changes upon lated public proceedings. There should our streets almost daily. Yet it is only which I have insisted, strikes that bal- be a balance. This amendment permits in the past few years, perhaps 15 or 20, ance. Judges will have the power under courts to balance. that our laws and lawmakers have this amendment to strike a balance. A constitutional amendment is need- begun to focus on the group of people I keep hearing critics of the amend- ed to set a national floor of rights for we now refer to as ‘‘crime victims’’. ment say that defendants’ rights will all victims of violent crimes. In every During those years, however, the not be adequately protected if this state—as well as in the federal sys- states have not ignored the legitimate amendment becomes part of the fabric tem—the doors of the criminal justice calls of crime victims and their fami- of our Constitution. system must be opened to victims—to lies for more protection and more par- For example, we heard testimony be- make sure that they are meaningful ticipation in the criminal justice proc- fore the Judiciary Committee and participants, and not just spectators, ess. Thirty-three states, including my statements on the Senate floor giving in a system that has for too long kept own, have passed either crime victims examples of how judges routinely—al- them on the outside looking in. rights amendments to their constitu- most reflexively—exclude victims from With a victims’ constitutional tion or statutes intended to provide the courtroom when they are potential amendment, we will be telling prosecu- many of the same rights contained in witnesses in the case. Critics of the tors and judges, loud and clear: victims S.J. Res. 3. amendment contend that maybe that is must be respected and included. They In New Mexico, the voters passed a how it should be, and they complain have rights—constitutional rights— constitutional amendment in 1992 that that the amendment would change that that must be taken into account dur- is very similar to S.J. Res. 3 and the presumption of exclusion. ing the entire case. legislature subsequently passed ena- These critics argue that the presence I believe that the contradiction that bling legislation. This, I think is appro- of victim-witnesses at trial will under- many people see between the rights of priate and I am glad that New Mexico mine the defendant’s right to a fair defendants and the rights of victims is recognizes the rights of crime victims trial by giving the victims the oppor- a false one. Our Constitution is not a to more fully participate in the crimi- tunity to observe the other witnesses zero-sum game. We do not diminish the nal justice system. In fact, it is par- testify and tailor their testimony ac- rights of defendants by recognizing the ticularly appropriate that the states cordingly. rights of victims. have acted in this area because the I submit to you that that is not as it That is why I cosponsored this states are responsible for approxi- should be. That is not how it needs to amendment. This amendment will give mately 99 percent of the criminal pros- be. The witness sequestration rule is a the victims of crime a voice and a ecutions in this country. prophylactic measure rather than a measure of dignity and respect in the From many indications, these constitutional imperative. The purpose criminal justice process. amendments and statutes have worked. of the rule can be accomplished Mr. BINGAMAN. Mr. President, be- Not perfectly perhaps, but they have at through defense cross-examination of fore I discuss my position on Senate least begun to bring victims of violent fact witnesses, defense argument about Joint Resolution 3, the crime victims crime into the judicial process in a the opportunity to tailor, and jury in- rights constitutional amendment, I meaningful way. structions, without categorically ex- would like to briefly talk about my Because New Mexico has acted to cluding victims from the trial. views on amending the Constitution. protect the rights of crime victims, There is nothing that remarkable A recent letter each of use received district attorneys who I’ve spoken with about the scenario of one witness hav- from our colleagues Senator BYRD and often ask why we need to amend the ing the opportunity to listen to the Senator LEAHY provides some of the United States Constitution when New testimony of others: the defendant who history of our Constitution and efforts Mexico has already addressed this is a witness has that opportunity. And to amend it. issue? That, Mr. President, is an ex- the defendant who is a witness is also They note that, since its ratification, tremely important question to ask our- open to cross-examination and argu- over 11,000 amendments have been pro- selves before we vote on S.J. Res. 3. ment by the prosecutor that he had the posed to the Constitution. In the last Mr. President, the Constitution pro- opportunity to tailor his testimony. month alone, the Senate has voted on vides a process for amendment when Just last month, the Supreme Court three constitutional amendments. ‘‘both Houses deem it necessary . . .’’ ruled in a case called Portuondo v. However, while thousands of amend- Today I would argue that only when Agard, that despite the fact that a de- ments have been proposed, only 27 absolutely necessary or, in the words of fendant has the constitutional right to amendments have been adopted. Of Madison, for great and extraordinary be present at his trial, the prosecutor those, the first 10, the Bill of Rights, occasions, should we vote to amend the was entitled to comment in her closing were ratified in 1791. Therefore, since Constitution. I would also argue that, argument on the fact that the defend- ratification some 200 years ago, we where doubt exists as to the absolute ant had the opportunity to hear all have generally heeded the caution of necessity of the occasion, the Senate other witnesses testify and to tailor his James Madison, one of the architects should defer on amending that docu- testimony. This same type of argument of the Constitution, that amendments ment. would be available in cases where the to the Constitution should be reserved While I support the participation of victim-witness is present during the for ‘‘certain great and extraordinary crime victims in our judicial process trial. occasions’’. In other words, amending Mr. President, and support the efforts The constitutional amendment takes the Constitution should not be done in of New Mexico and other states to give away nothing from the rights of the de- response to what is politically popular those rights to crime victims, I simply fendant. If the defendant’s constitu- at the moment or because of passions do find the evidence of a great occasion tional rights actually conflict with the of the moment. If it was, I’m afraid or compelling need to amend the Con- participatory rights the amendment many of those 11,000 amendments stitution in the arguments made by the would guarantee the victim—and I sub- would now clutter our Constitution sponsors of the amendment and there- mit to you that these conflicts would and undermine the very foundation of fore will vote no on S.J. Res. 3. be few and far between—the judge is the freedoms and liberties it gives each As others have pointed out, S.J. Res. permitted under this amendment to of us. 3 is almost as long as the entire Bill of S3006 CONGRESSIONAL RECORD — SENATE April 27, 2000 Rights. It reads like a statute and not Federal constitutional amendment LEAHY and Senator BYRD for their tire- a constitutional amendment. This is compelling. less defense of the Constitution. significant and more than simply a Mr. President, I strongly support the In addition, however, I also want to matter of form. Part of the reason why right of victims of violent crime to be recognize Senator FEINSTEIN for her our Constitution and republican form included in the criminal justice system commitment to victims of violence and of government have survived largely in a meaningful way. I think it helps for working to ensure that they are intact for over 200 years while virtually bring closure to the inured victims and treated with fairness and decency and every other in the world has undergone provides an important balance to a sys- respect. While I strongly disagree with radical, revolutionary change is the tem that admittedly has not always the approach the proponents of this wisdom of the drafters in setting out been sympathetic to the rights of vic- amendment have taken, I completely clear principles and a coherent system tims. I would support additional fund- agree with the sentiments they ex- to ensure the liberties that the Con- ing and resources for victims rights press. Victims should have a strong stitution guarantees. However, as I programs and to properly train the ju- voice in our criminal justice system. read the amendment before us today, I diciary in the need to be sensitive to Senator FEINSTEIN has been committed do not see the clarity or the simplicity the rights of crime victims. However, to this cause for decades and I believe of principle that I see in the Bill of before we take the drastic and, for all her passion has brought new focus to Rights or the other amendments we’ve intents and purposes, irreversible step this important issue. adopted. Because this amendment of amending our Constitution for only Like many of us, I know what it is lacks clarity, I am concerned about the the 28th time in our history, I believe like when violence strikes your own litigation this amendment could poten- we must be absolutely certain that we family. I would not wish that pain on tially spawn and the additional costs have exhausted all other avenues. As anyone. And I certainly do not want to to an already overburdened legal sys- the National Clearinghouse for the De- see any victim’s grief compounded by a tem. Litigation over who is a ‘‘victim’’ fense of Battered Women argues: needlessly callous or insensitive judi- alone would likely fill volumes. cial system. The Federal constitution is the wrong The question we have been debating, Mr. President, one of the biggest con- place to try to ‘‘fix’’ the complex problems cerns with this amendment is that, be- facing victims of crime, statutory alter- however, is not whether victims should cause of its vagueness, it will inevi- natives and state remedies are more suit- have a voice in the criminal justice tably lead to a result which I think able. Our Nation’s constitution should not be process. The question before us is none of us, even the proponents, want, amended unless there is compelling need to whether we must amend our nation’s the diminishing of the rights of the ac- do so and there are no remedies available at Constitution to achieve that goal. I be- the state level. Instead of altering the U.S. cused. lieve the answer is ‘‘no.’’ Constitution, we urge policy makers to con- On September 17, 1789, as our new No where in the amendment does it sider statutory alternatives and statewide guarantee that it will not be construed Constitution was about to be signed— initiatives that would include the enforce- after four long months of debate—Ben- to interfere with the rights of the ac- ment of already existing statutes, and prac- cused. I understand that an amend- tices that can truly assist victims of crimes, jamin Franklin announced with typical ment was offered in the Judiciary Com- as well as increased direct services to vic- irony: ‘‘I consent, sir, to this Constitu- mittee that would have made that tims. tion because I expect no better, and be- clear but was rejected. That to me is Mr. President, I believe we should cause I am not sure it is not the best.’’ Two-hundred and 12 years later, Mr. very troubling because, as important give the states additional time to im- President, the United States Constitu- as the rights of victims are, we abso- plement their victims rights amend- tion is still the best constitution this lutely have to keep in mind that the ments and statutes. Change occurs world has ever known. It is, in my rights of the accused must be para- slowly, but I am convinced that real opinion, nearly sacred. James Madison, mount. That is because it is the ac- change for the victims of crime will be who penned most of our Constitution, cused that stands to lose life and lib- addressed more effectively by the urged that it be amended only in— erty at the hands of the government. states and that the federal government quote—‘‘certain great and extraor- This is a bedrock principle of our judi- should not impose a one-size-fits-all, dinary occasions.’’ cial system, without argument the best the federal government knows best, so- For 212 years, Americans have heeded system in the world, and we must not lution on the states. Additionally, if we his words of caution. As Senator LEAHY diminish that principle even in the determine that action at the federal and Senator BYRD remind us, our Con- name of a good cause. level is absolutely necessary, I believe stitution has been amended only 17 Finally, Mr. President, I am con- we should try to fashion a legislative times since 1791, when the first 10 cerned by the lack of case law to sup- solution before we amend the Constitu- amendments—Our Bill of Rights—was port the arguments of the proponents tion. I believe that we can do that and added. of S.J. Res. 3. As I understand it, the provide meaningful rights to victims of More than 11,000 amendments have proponents are unable to point to any crime. been offered during that time. But only cases in which victims’ rights laws or If, failing that, we find that victims 17 have actually been added to our Con- State constitutional amendments were are still not being afforded reasonable stitution. Because of the genius of the not given effect because of defendants’ and real participation in the criminal Framers, and the wise restraint of rights in the Federal Constitution. justice system, then perhaps only a those who came after them, we have Nor, as the committee report noted, is constitutional amendment will work today a document that we can fit in there any case law where a defendant’s but I am not convinced that we have our pockets . . . that we can under- conviction was reversed because of vic- done all that we can do short of that. stand . . . that we can refer to, and live tims’ rights legislation or a State con- Mr. President, good intentions do not by. stitutional amendment. Why then are necessarily produce good results. The This beautiful document contains we amending the Constitution when intentions of the supporters of S.J. fundamental, unifying principles that there is no body of law that justifies Res. 3 are certainly good and just and protect our individual liberties and the extraordinary step of amending the I share those intentions, as well as guarantee our democratic rights. The U.S. Constitution? This is very dif- their belief that we should be doing amendment we have been considering— ferent from the situation we were in a more for the victims of violent crime. while clearly well-intentioned—does few weeks ago when the Senate voted However, I do not believe that this not belong in this document. on an amendment to the Constitution amendment will produce good results With all due respect to its authors, it on the issue of the desecration of the and may actually harm those it is in- is not a constitutional amendment. It flag on campaign finance limits. In tended to help and for that reason, I does not describe universal and eternal both of those instances, at least we had will vote against S.J. Res. 3. truths about human nature, or set a final determination by the Supreme Mr. DASCHLE. Mr. President, I rise forth the broad working of govern- Court with which we could take excep- to recognize all the Senators who par- ment. It is a statute. tion. Without such a body of law I do ticipated in this important and healthy Last month, we debated another Con- not find the arguments in favor of a debate. In particular, I thank Senator stitutional amendment—to make flag- April 27, 2000 CONGRESSIONAL RECORD — SENATE S3007 burning a crime. During that debate, Quote—‘‘While victims’ rights are a wishes to enact legislation to bolster some members of this Senate said it very important issue, this amendment the rights of victims. But let us stop was right to take that extraordinary would make it difficult for us to do our treating our Constitution so cavalierly. step because Americans had died to de- jobs and make appropriate decisions I am deeply troubled by the increas- fend our flag. regarding the prosecution of criminal ing tendency of this Congress to turn Mr. President, this Constitution is cases.’’ to constitutional tinkering to solve why Americans have fought and died Many of my fellow Senators have problems, rather than taking up the for more than 200 years—not to protect voiced similar concerns. Senator hard job of legislating. This is the sec- a flag, but to protect the principles en- THOMPSON has said—quote—‘‘This con- ond constitutional amendment we have shrined in this document. As United stitutional amendment will make the debated in this Senate in a month! States Senators, we take an oath to de- procedure by which the District Attor- In his final speech to the Constitu- fend the Constitution. It is our most neys around the country are trying to tional Convention, just before the Con- important obligation, our most sacred prosecute defendants more complex, stitution was signed, Benjamin Frank- duty. more costly, more time-consuming in lin said something that pertains here. There is no ‘‘great and extraordinary many respects, and ultimately will After calling the Constitution very occasion’’ requiring us to adopt this harm [the goal] that the victim is the likely ‘‘the best’’ human beings could Victims’ Rights Amendment. This most interested in—seeing justice done hope for, he told his fellow signers: ‘‘I amendment is popular. But it is not and a guilty defendant found guilty by hope for our own sakes and for the sake necessary. Every state—every single our court system.’’ of our posterity, we shall act heartily state—has some type of statute that The federal government should en- and unanimously in recommending this identifies and protects victims’ rights. courage states to set minimum stand- constitution and turn our future Thirty-two states have passed state ards for victims’ rights. But we should thoughts and endeavors to the means constitutional amendments protecting not trample the principles that have of having it well administered.’’ victims’ rights. Not one of those stat- served us so well for so many years. That is our real responsibility as utes has been overturned. Not one of Under our system of government, po- members of this Senate—not to second- these state constitutional amendments lice powers are reserved for the states. guess the genius of this document not has been found to conflict with our fed- That is why 95 percent of all crimes are to alter and undermine it but to see eral Constitution. prosecuted at the state and local level. that it is well administered. In that re- Amending—re-writing—our Constitu- Do we really believe it is time to re- gard, we have much work to do. Let us tion—is a remedy that ought to be write this fundamental division of re- do that work. tried only when we have exhausted sponsibility? Do we really believe we Again, I say to the sponsors of this every other possible means, and they need to supercede state and local police amendment, I am as committed as any- have been found inadequate. When it powers with a national standard? A one in this body to working with you comes to protecting victims’ rights, standard that can only be enforced by to strengthen victims’ rights. Indeed, I there is much we can do, short of an act of Congress? Wouldn’t the wiser, would consider every option—even con- amending the Constitution. more prudent course of action be to en- ditioning federal funds on state imple- Indeed, in my home state of South courage or require states to devise and mentation of basic protections for vic- Dakota, every single protection identi- enforce their own victims’ rights tims. I cannot, however, and will not— fied in this proposed amendment is standards? as much as I respect the Senators from guaranteed by state law. In South Da- In addition to the threat this amend- California and Arizona—amend our kota, victims are included in every ment poses to our constitutional great Constitution unless absolutely stage of the criminal justice process. framework, I am also concerned it may necessary. They have the right to be notified erode the rights of the accused. I know By withdrawing their amendment, I about every court proceeding involving full well that accused criminals are not believe the sponsors have acted respon- their case. They are told in advance a popular group. But the cornerstone of sibly, in Senatorial fashion. The Sen- about bond hearings, plea offers and our justice system is the belief that we ate should be proud that one more time sentencing hearings, and they have the are all presumed innocent until proven we have resisted the urge to tamper opportunity to have their opinions guilty. If we undermine that basic prin- with the miracle created in Philadel- heard on these matters. ciple in any way, we are all hurt. phia in 1787—our Constitution. Crime victims in South Dakota are Our Bill of Rights reflects our fram- At this time, I ask unanimous con- told about all of these rights, and of- ers deeply held belief that the enor- sent that letters from United State fered help, if they need it, to exercise mous power of the government to de- District Judge Lawrence Piersol, Chief them. These state laws provide South prive persons of life, liberty and prop- Justice Robert Miller, State’s Attorney Dakotans with wide-ranging and effec- erty in criminal prosecutions must be Dave Nelson, Victim Witness Assistant tive protections. They may not, how- checked. Thus, the document I hold in Becky Hess and Marshal Lyle Swenson ever, be a blueprint for Massachusetts, my pocket protects us all from unrea- be inserted into the RECORD following or Mississippi, or California. sonable searches . . . guarantees us all my remarks. There is another reason we should re- impartial juries, and protects us all There being no objection, the letters ject this amendment, Mr. President. against cruel and unusual punish- were ordered to be printed in the Not only is it unwarranted. But also, ments. RECORD, as follows: ironically, this amendment could actu- When these rights are diminished for U.S. DISTRICT COURT, ally weaken victims’ rights by making some, they are diminished for all. For DISTRICT OF SOUTH DAKOTA, it harder for police and prosecutors to that reason, they should not be com- Sioux Falls, SD, April 19, 2000. do their jobs. That is not simply my promised lightly—no matter how po- Hon. TOM DASCHLE, opinion. litically popular it might be to do so. U.S. Senator, Hart Senate Office Building, This is a letter from the Chief Jus- What crime victims need is real hope, Washington, DC. DEAR SENATOR DASCHLE: I was surprised to tice of the South Dakota Supreme not paper promises. For that reason, I learn that Senate Joint Resolution 3 would Court. ‘‘Victims’ rights will not be strongly support both the Leahy be up on the calendar next week in the Sen- furthered by SJR 3—and may indeed be ‘‘Crime Victim Assistance Act’’ and ate. I am very much opposed to this proposed harmed—as past state efforts in this the Biden ‘‘Violence Against Women constitutional amendment. To begin with, I area run headlong into an ethereal na- Act’’ re-authorization. Let’s pass these think it diminishes our Constitution to at- tional standard that is incapable of re- bills. tach to it what amounts to legislation. That sponding to the constantly changing Let’s also look at making certain proposition is true not only of this proposed circumstances of the justice system.’’ federal funds contingent on states’ im- constitutional amendment but also some other amendments that have been promised Here is another letter—this one from plementation of meaningful victims’ but failed. the State’s Attorney and the Victim rights at the state level. In fact, I de- I realize at first impression that the public Witness Advocate representing my clare today that I will work tirelessly might find such a resolution attractive be- most heavily populated county. with any member of this Senate who cause the rights of victims of crime have S3008 CONGRESSIONAL RECORD — SENATE April 27, 2000

sometimes in the past not received the at- There is one other matter that I need to OFFICE OF THE STATE’S ATTORNEY, tention that they should. I know from my bring to your attention. As you may know, Minnehaha County, SD, April 21, 2000. day-to-day experience as the Chief Judge for the Senate has under consideration Senate Re Victim’s Rights Amendment. the District of South Dakota that victims’ Joint Resolution 3 ‘‘Proposing an amend- Senator TOM DASCHLE, rights are considered. I have had victims tes- ment to the Constitution of the United Hart Senate Office Building, tify on various occasions in my Court at the States to protect the rights of crime vic- Washington, DC. time of sentencing and I regularly consider tims.’’ It is difficult, on principle, to argue DEAR SENATOR DASCHLE: As you ponder the views of victims both in their letters as against SJR 3. We are all clearly concerned your vote on the Victim’s Rights Amend- well as in comments that are made in the that victims of crime receive proper treat- ment, we would like to express our concerns presentence investigative reports as a result ment by the justice system. It is senseless about a Constitutional Amendment of that of the interviews of victims by the for the system to re-victimize the victims of nature being passed. We would strongly urge presentence report writers. The writers of crime through inattention to their needs and you to vote against this amendment. those presentence reports are Court per- concerns. In South Dakota, for example, we Under our law in South Dakota, the vic- sonnel and a part of my staff. In addition, have built our probation programs around a tims’ are afforded many, if not all, of the when restitution is paid, it is paid first to restorative justice philosophy that seeks to rights contained in the amendment. We cur- the victims and then applies to other mone- restore victims of crime while working with rently have victim/witness assistants in tary obligations that are paid to the govern- offenders to reduce recidivism. Regardless of many of the prosecutor’s offices across the ment after the victim has been monetarily how we consider crime in the hypothetical state and are actively working with victims compensated. I say ‘‘monetarily com- world of legal theory, crime produces real on a daily basis. Each morning, our office pensated’’ because I recognize that in some victims whose needs must be addressed by contacts by phone, if possible, all victims of instances money alone cannot compensate a the justice system. crimes against persons from the evening or victim. In other instances, in an attempt to weekend prior. We make our attorneys aware compensate victims, I have had Defendants, The fact remains, however, that SJR 3 will of the victims’ wishes and concerns regard- as a part of their sentence, write to victims not radically change things for victims. Most ing the cases prior to arraignment. Fol- and I have reviewed the letters before they if not all states in this country have victim lowing arraignment, victims are notified of went to the victims so that I could make rights provisions. South Dakota law provides the next phase of court either by phone or by sure that the letter was appropriate. As you a long list of victim rights, including the letter. As the case proceeds, victims are ad- know, Congress has done much in recent right to restitution, notices of scheduled vised of any plea offers or possible issues or years by legislation to enhance the rights of hearings and releases, an explanation of the concerns the attorneys may have with the crime victims. If Congress would choose to criminal charges and process, the oppor- case and are kept appraised of the ongoing do more it would do so by legislation. tunity to present a written or oral victim procedures. Additionally, victims are invited On the other hand, a constitutional provi- impact statement at trial, etc. There is little to attend bond hearings, motion bearings, sion as broad and as sweeping as this one is, in SJR 3 that is not already in place in most plea hearings, sentencing hearings and any especially without limiting definitions in the if not all states. other hearings relevant to the case. Victims language, poses many problems. Once those On the other hand SJR 3 creates a national are also encouraged to write victim impact problems come to light upon implementa- standard against which every aspect of the statements or letters to the court regarding tion, the problems will not be able to be state and federal criminal justice systems their thoughts and feelings about how this solved because it would be a constitutional will be measured, regardless of local efforts crime has affected them or their family. Vic- amendment. On the other hand, when legis- to address crime victim needs. In essence, tims are also invited to speak at sentencing lation is passed and it turns out upon imple- SJR 3 would produce federal oversight of hearings regarding these same issues. mentation that there are problems or that state court operations far beyond what may In 1999, we averaged approximately 85–90 the solution should be addressed in a dif- be in the interests of victims. For example, cases per month involving crimes against ferent way, then the legislation can be Congress, believing that unreasonable delays persons. We attempted contact with all of amended. After I have drafted this letter to in court proceedings are harming the inter- these except when the victim is transient you, I received a copy of a letter to Senator ests of victims, could pass national legisla- and has no phone or address of any kind. Of Charles Schumer from Judge William Wil- tion imposing time processing standards those cases, an average of 51 cases per month kins, Chair of the Committee on Criminal that may be completely inapplicable to the were domestic assaults. Our office has adopt- Law for the Judicial Conference of the peculiar circumstances of state and local ed a ‘victimless’ prosecution position in that United States. I am attaching his letter be- courts. Victims who do not believe proper the victim does not need to be cooperative cause it considers in detail various problems notice is being provided could seek a federal on a domestic case for our office to pros- with the proposed amendment. In addition, court injunction to compel or prohibit cer- ecute. Due to the nature of domestic vio- it does make some suggestions for its im- tain state court practices. lence, our concerns have been that the de- provement if it is to be passed. fendant has a great deal of power over the Legislation enhancing victims’ rights can I cannot emphasize enough that the crimi- victim and can often convince the victim to be passed now—the amendment process and nal justice system in South Dakota is com- be unavailable for court or to ask that we then its implementation if passed by the mitted to restoring victims of crime. We dismiss the charges. While our victim’s input states will take more than seven years. have not always done this as well as we is important, we hesitate to allow it to be- Finally, from my point of view and experi- should have, but we have always had it as a come the driving force in the prosecution of ence as a trial judge, and that experience in- focus of our efforts. We continue to work on these cases. Our fear is that given the influ- cludes 180 sentencings last year, the amend- improving victim access to the court system ence of the defendant in domestic violence, ment would prevent many guilty pleas in while maintaining our independence, neu- we would be doing defendant driven prosecu- state and federal court. With all of the addi- trality and impartiality. It is important for tion. Typically, our victims report assault tional criminal trials, the courts would vir- everyone to understand that our courts must many more times than they actually agree tually be brought to a standstill, affecting balance the interests of victims with the in- that prosecution is necessary or important. civil and criminal cases. terests of the accused, the interests of the Consequently, our ability to get convictions I urge that victims’ rights continue to be state, and the constitutional rights we all on domestic cases would be greatly hindered addressed by Congress by legislation. possess. This is a delicate and difficult bal- if the victim were allowed to run the case or Thank you for considering my views. ance. I believe setting a single legal stand- make the final plea negotiation decisions. Sincerely yours, ard—as a matter of our national constitu- Our ability to prosecute without the victim LAWRENCE L. PIERSOL. tion—is ill advised. it can too easily be used makes it possible to get conditions on de- in the future to upset this delicate balance. SUPREME COURT, fendants and keep our victims and our com- STATE OF SOUTH DAKOTA, I hope you will give very careful consider- munity safe. March 14, 2000. ation to SJR 3 before casting your vote. I have enclosed copies of the letters that Hon. THOMAS DASCHLE, Clearly our response to the needs and inter- are sent to all victims of every crime against U.S. Senate, Office of the Democratic Leader, ests of victims should be and must be im- persons. While there may be an occasional Capitol Building, Washington DC. proved. But I believe those needs and inter- victim that we fail to locate, we make every DEAR SENATOR DASCHLE: I want to thank ests are best addressed at the state and local effort to find them whenever possible. Occa- you for taking time from your busy schedule level through new programs and state laws sionally, a victim may ask that we stop noti- to meet with me on Thursday, March 2. I recognizing victim rights. Victims’ rights fying them of the next phases of court and truly appreciated the time I was able to will not be furthered by SJR 3 and may in- we honor that request. spend with you and your staff. I am also deed be harmed as past state efforts in this Please consider these concerns and under- deeply thankful for your interest in our juve- area run headlong into an ethereal national stand that while victim’s rights are a very nile intensive probation program (JIPP) and standard that is incapable of responding to important issue, this amendment would your efforts to secure more funding for it. the constantly changing circumstances of make it difficult for us to do our jobs and The JIPP program clearly demonstrates that the justice system. make appropriate decisions regarding the community corrections can work for certain Most sincerely, prosecution of criminal cases. juveniles who would otherwise be committed ROBERT A. MILLER, Sincerely, to expensive institutions. Chief Justice. BECKY HESS, LSW, April 27, 2000 CONGRESSIONAL RECORD — SENATE S3009 Victim Witness Assist- Mr. LEVIN. Mr. President, I read the guaranteeing victims’ rights, and the ant. committee report relative to this con- officials in Sumter County did not DAVID R. NELSON, stitutional amendment from beginning abide by that statute or implement it State’s Attorney. to end. I did so because of the extraor- in her case. Is that a reason for a Fed- dinarily important issue which has U.S. DEPARTMENT OF JUSTICE, eral constitutional amendment? Or is U.S. MARSHALS SERVICE, been raised by Senators KYL and FEIN- it, instead, a plea to the Georgia attor- District of South Dakota, April 24, 2000. STEIN, and others: an effort on their ney general—who supports a constitu- Hon. THOMAS DASCHLE, part to provide some compassion and tional victims’ rights amendment, by U.S. Senator, Office of the Democratic Leader, some relief to victims of crime. I have the way, as is documented by his signa- Capitol Building, Washington, DC. tremendous respect for their effort and ture on a letter to us—to enforce the Re Senate Joint Resolution 3, Proposing an those of their cosponsors. laws of his State? I argue that it is the amendment to the Constitution of the After reading the committee report latter. United States to protect the rights of and giving a lot of thought to this Then we have the extraordinary tes- crime victims. issue, I have decided to oppose the DEAR SENATOR DASCHLE: As you are well timony of Professor Laurence Tribe. aware, prior to my current position as the amendment for a number of reasons. Professor Tribe starts our with the United States Marshal for the District of First of all, we all start with the proposition that: South Dakota, I served as the elected Sheriff proposition that we want victims to The States and Congress, within their re- of Davison County for 32 years where I dealt have rights and Congress and the State spective jurisdictions, already have ample directly with victims of crime on a day to legislatures should act to provide those affirmative authority to enact rules pro- day basis. That experience created a great rights. I do not think there is a lot of tecting these rights, deal of empathy towards victims on my part dispute about that issue. The question referring to the rights of victims. and caused me to wonder about our system that is before us in this constitutional of justice at times. I do have very strong Then he says: feelings of support for victims of crime and amendment is whether or not the way The problem . . . is that such rules are wish to help them in anyway possible. to achieve that goal is through an likely, as experience to date sadly shows, to That said, I strongly believe that amend- amendment to our basic document. provide too little real protection whenever ing the Constitution is absolutely the wrong I believe it is fundamentally wrong they come into conflict with bureaucratic way to correct the problem and will accom- to amend the Constitution for a num- habit, traditional indifference, sheer inertia. plish nothing other than a ‘‘feel good’’ atti- ber of reasons. First, the desired goals ... tude and cost the American taxpayers end- can be achieved by statute. Every What Professor Tribe is saying is less dollars! We already have many laws to State has a constitutional amendment that it is justifiable to amend the Con- protect victims so that all that is needed is or a statute which protects victims’ enforcement by prosecutors and the Courts stitution of the United States because to correct any problem areas. If it is found rights. I do not believe there is one statutes that are on the books are not that more laws are necessary to better pro- statute or one constitutional amend- enforced. That argument not only falls tect them, pass those laws as needed but set- ment in any State protecting victims’ short of Madison’s test that there be a ting a national standard for all states to fol- rights that has been held to be uncon- ‘‘great and extraordinary’’ need before low may cause many more legal problems in stitutional. the Constitution is amended, it does the future than we can imagine today. One of the complaints seems to be not even come close. In addition, consider the problems that that State statutes and State constitu- It is particularly inappropriate to will immediately occur within all of our tional provisions are not being en- penal institutions, city and county jails amend the Constitution when the in- throughout the country. Many of the victims forced adequately. Take, for example, a terests sought to be protected are so of crimes are in those same institutions and/ story that Marlene Young, executive complex and are still in formation. The or are becoming victims within those places. director of the National Organization question of who is a victim alone is a This amendment will bring on transpor- for Victim Assistance, brought to the subject of much discussion. tation nightmares for those various institu- attention of the House Judiciary Com- We have had tragic instances in re- tions as they try to get each prisoner to mittee Subcommittee on the Constitu- cent history, in New York City and in their necessary hearings creating great cost tion in February. This is what she said: Oklahoma City, where the bombings of problems and worse yet possible escape situ- Just within the past 2 weeks, our office re- buildings created literally hundreds of ations. ceived a copy of a letter published in the Having 40 years experience dealing directly victims—the families of those who Sumter (Georgia) Free Press. It reads in with prisoners at the county jail level to the were killed and the survivors. part: ‘‘I write this letter as a victim, not state penitentiary, I know that most every Are all of them to be given the pro- only of the person who violated me but as a one of them will attempt to use the system victim of a system gone bad. . . . I was sexu- tection that is set forth in this con- if for no other reason than it would be a ally battered here in Sumter County. I chose stitutional amendment? What restric- chance to abuse and misuse the system! As to press charges. Several days after the ar- tions can be put on their rights by stat- an administrator now charged with the re- rest and release of the accused, I received a ute? What about persons making false sponsibility of transporting prisoners to packet from the court which included a list courts, to and from institutions, I believe claims against others, charging others of my rights as defined by Georgia State law. the associated problems would be endless be- with a crime? That person, an alleged I should have received this information from sides being very expensive. victim, is given standing to argue (the detective) the day I gave my statement. I ask for your kind consideration in this against bond in order to keep the per- Georgia Law states that the investigator matter and I stand ready to work with you will provide the victim with a copy of Geor- son he falsely accused in jail, without to ensure that all victims rights are pre- gia Victims Bill of Rights in plain English bond, awaiting a trial. served and they are fairly represented in all upon initial contact. . . . Victims are every- We have had too many instances of criminal proceedings. I believe that can be where and we have the right to be protected false accusations, including one recent best accomplished at the state and local under Georgia Law. How many other victims level without tampering with the Constitu- notorious story of schoolteacher of 32 are there who don’t know what their rights tion. years, who taught not too far from are because the agencies are not working to- Sincerely, here, and was falsely accused by his gether? Lucky for me, to date, I have not LYLE W. SWENSON, students of sexual harassment and sex- been further injured by the accused. Others United States Marshal. in this country may not be as lucky as I have ual assault. Mr. DASCHLE. I yield the floor and been. It is time the victims of crimes be The possibility for injustices of many suggest the absence of a quorum. treated with respect and the laws set forth varieties should be explored, as they The PRESIDING OFFICER (Mr. STE- by the State of Georgia be followed. At what are currently being explored in the 50 VENS). The clerk will call the roll. point are the laws of this state important to States, all of which have either stat- The legislative clerk proceeded to the authorities?’’ utes or constitutional amendments call the roll. So, the problem in that case, and in that provide various means of protec- Mr. LEVIN. Mr. President, I ask so many other cases, was not that the tion for victims. unanimous consent that the order for law in Georgia was incapable of pro- The pending amendment will be im- the quorum call be rescinded. tecting the victim; the problem was plemented by congressional enactment. The PRESIDING OFFICER. Without that the law was not carried out or en- Congress will be legislating for 50 State objection, it is so ordered. forced. Georgia has a State statute criminal court systems, which handle S3010 CONGRESSIONAL RECORD — SENATE April 27, 2000 95 percent of the criminal cases in this an American, I thank God for it every Another irony is worth emphasizing country. Far better for us to pass legis- day. Amending this hallowed document in this debate. Many of the Senators lation that will strengthen victims’ should be done when a great interest who support the rights of victims and rights in Federal criminal cases, over cannot otherwise be protected and feel so strongly about this constitu- which we have jurisdiction, and test when it can be described simply and in tional amendment are the same Sen- the dozens of critical concepts which transcendent language. The amend- ators who refuse to allow federal ac- are involved in the effort to provide ment before us does not meet that test. tion, even by statute, to protect vic- victims with rights, including: Who Mr. President, I yield the floor. tims of hate crimes. For the past two victims are? What is the impact on Mr. KENNEDY. Mr. President, over years, the Senate has failed to send prosecutions? Is it negative, as some in the past few days, there has been a hate crimes legislation to the Presi- law enforcement believe? Will there be great deal of discussion on the rights of dent’s desk for signature. I hope that undue delays caused by the meaning of victims and the need for increased par- this debate will at least have the bene- the many issues that are open to litiga- ticipation of victims in the criminal ficial affect of encouraging Congress to tion? justice system. I believe that all of us take action to protect victims of hate The Conference of Chief Justices of support victims’ rights, greater federal crimes. Their needs too can no longer the States of the United States wrote a recognition of these rights. Clearly, be ignored. very compelling letter, part of which they deserve enforceable rights that Too often, the legal system does not reads as follows: are guaranteed by law. But, just as provide adequate relief for victims of . . . all states have some type of statutory clearly, these rights can be achieved crime. They are not given basic infor- guarantee for the protection of victims’ without taking the extraordinary step mation about their case—such as the rights, most of which have been enacted re- of amending the Constitution of the case status, scheduling changes of cently. At least 31 of the states also have United States. court proceedings, and notice of a de- constitutional provisions and these enact- The Constitution is the foundation of fendant’s arrest and bail status. Vic- ments provide victims with the opportunity our democracy, and it reflects the en- tims deserve to know about their case, to be heard at the various stages of criminal during principles of our country. The litigation, particularly at the point of sen- They deserve to know about hearings tencing and in respect to release on bail or framers deliberately made it difficult and other proceedings. They deserve to on parole. Most states are considering fur- to amend the Constitution, because it know when their assailants are being ther constitutional changes. If the sponsors was never intended to be used for nor- considered for parole. And they cer- of S.J. Res. 3 are searching for a single set- mal legislative purposes. Chief Justice tainly deserve to know when their tled law governing victims, the goal will not Rehnquist captures the essence of why attackers are released from prison. be achieved through a Federal Constitu- this proposed amendment is misguided, Victims of crime and their families tional Amendment. Preempting each State’s when he states that a statute, rather deserve legislation that will guarantee existing laws in favor of a broad Federal law than a constitutional amendment, their basic rights and provide urgently will create additional complexities and un- predictability for litigation in both State ‘‘would have the virtue of making any needed support. However, particular and Federal courts for years to come. We be- provisions in the bill which appeared provisions in the proposed constitu- lieve that the existing extensive state efforts mistaken by hindsight to be amended tional amendment are of grave con- provide a significantly more prudent and by a simple act of Congress.’’ cern. It is no surprise that victims’ flexible approach for testing and refining the The Constitution is not a billboard rights groups and domestic violence evolving legal concepts concerning victims which to plaster amendments as if they groups oppose the constitutional rights. were bumper sticker slogans. In this amendment for a very practical reason. When the chief justices of our State Congress alone, over a dozen constitu- If a victim of domestic violence acts in courts make such a compelling argu- tional amendments have been intro- self-defense, the batterer would be en- ment, it seems to me that this body— duced. With every new proposed titled to all of the constitutional rights always sensitive to the fact that we amendment of this kind, we undermine created by S.J. Res. 3, including the live in a Federal system—should give it and trivialize the Constitution and right to attend court proceedings and great attention. threaten to weaken its enduring the right to be heard. Supporters have argued in the report strength. Clearly, we can deal with this prob- at one place that the reason for this One of the guiding principles that has lem by statute, and I urge the Senate constitutional amendment is to ‘‘estab- served the nation well for two hundred to do so. I would welcome the oppor- lish consistent, uniform rights’’ for years is that if it is not necessary to tunity to work with my colleagues to crime victims in this country. On the amend the Constitution, it is necessary enact bipartisan legislation to accom- other hand, in the same report the not to amend it. We have amended the plish the goal we share of genuine pro- sponsors talk about giving the 50 dif- Constitution only 17 times in the two tections for victims’ rights. ferent States the authority to ‘‘flesh centuries since the adoption of the Bill Finally, I commend all of my col- out the countours of the amendment of Rights. We should consider such leagues who have so eloquently de- by providing definitions of victims’ and amendments only in rare instances, fended the Constitution and opposed crimes of violence.’ ’’ They cannot have when the enactment of a statute is this misguided amendment, especially that argument both ways. clearly inadequate. Senator BYRD and Senator LEAHY. The subject of trying to provide We do have a responsibility to act to They have given Congress and the rights for victims in Federal criminal assure victims of crime that their country an excellent lesson in the role cases is ripe for Federal statute, but it rights in the criminal justice system of the Constitution in protecting our is wrong—it is simply wrong—to treat will not be ignored. But amending the liberties. Rarely has there been a bet- the Constitution as though it were a Constitution is not the appropriate ter example of Senators living up to statute book. remedy, and the debate over such a our oath of office ‘‘to support and de- This amendment does not meet the remedy in recent years has, as a prac- fend the Constitution.’’ test of Federalist No. 49. This great tical matter, delayed the implementa- When we began this debate earlier document, written by James Madison, tion of basic protections that are need- this seek, the conventional wisdom was said that a constitutional amendment ed and that should be accomplished by that the proposed constitutional provision should be reserved ‘‘for cer- statute. amendment was within a vote or two in tain great and extraordinary occa- For too long, our criminal justice the Senate of obtaining the two-thirds sions.’’ system has neglected the hundreds of majority needed for passage. The de- This is an occasion where the cause thousands of victims of crime whose bate has so clearly demonstrated the is surely important and great, but the lives are shattered by violence or fundamental flaws of this amendment cause may be achieved by statutory threats of violence each year. I believe, that the amendment is likely to be means. It is not appropriate to amend along with every other member of the withdrawn. It is a proud moment for the Constitution for this occasion. Senate, that the rights of victims de- the Senate, and I believe the founders As a student and as a young lawyer, serve better from our criminal justice who wrote the Constitution would be I grew to revere the Constitution. As system. proud of us too. April 27, 2000 CONGRESSIONAL RECORD — SENATE S3011 Mr. LEAHY. Mr. President, I do not chronicle the massive amount of PAC tion, the Patients’ Bill of Rights—we want to conclude this debate without, and soft money pumped into the cam- did it twice on that, China/NTR, the to- again, acknowledging the commitment paign finance system by donors looking bacco industry, last summer’s tax bill, to crime victims of the Senator from to influence the work we do here on agriculture appropriations, the FCC Arizona and the Senator from Cali- this floor. rule on the siting of telecommuni- fornia. I know that they are sincere in I called the bankroll many times last cations towers, oil royalties—we did it their support for crime victims. I com- year—19 times, to be exact. twice on that one, consolidation in the pliment them as well for the manner in And I included not just donations by railroad industry, the Passengers’ Bill which they have conducted themselves business interests but from interests of Rights, the F–22 program, the Africa throughout this debate and throughout on both sides of these debates, includ- Growth and Opportunity Act, the Fi- the Judiciary Committee’s work on ing trial lawyers and gun control advo- nancial Services Modernization bill, this matter. I view them not as oppo- cates. and finally the Bankruptcy Reform nents but as allies in our mutual ef- Last year when I began my Calling of Act. forts to assist crime victims. the Bankroll effort, I did so because I As I said, there was no shortage of I also want to acknowledge the ex- thought it was time for someone in material for calling the bankrolls. traordinary efforts of the senior Sen- this body finally to talk about what we This year, it’s time again to examine ator from West Virginia and the all think about and what the American legislation before this body with an eye thoughtful guidance of the Democratic people really are quite angry about; to the interests that seek to influence Leader. Senators DORGAN, DURBIN, and that is, how money can influence the legislative process. SCHUMER, DODD, MOYNIHAN, FEINGOLD, what we do here and how we do it. I have already begun that effort—I MURRAY, THOMPSON, WELLSTONE, I know that this is an uncomfortable recently called the bankroll during the LEVIN, and BINGAMAN each contributed topic, and I know full well that there debate on the budget resolution. Of greatly to the debate. are some who would prefer that I stop course, the budget process itself is I thank Senators from both sides of Calling the Bankroll—that there are tainted by the flood of money that the aisle—Senators who supported pre- those who wish that I would stop put- flows to those of us who decide the na- serving the Constitution and those who ting the spotlight on facts that reflect tion’s spending priorities. During that supported the proposed constitutional poorly on our system, and in turn on debate we addressed the question of amendment. I commend the Senate for the Senate, and on both major political whether or not we should drill for oil in doing its duty and upholding the Con- parties. the Arctic National Wildlife Refuge, stitution and Bill of Rights. I have to tell you, Mr. President, no and I called attention to the signifi- I would also like to thank Rachel one wishes I could stop Calling the cant contributions by the companies King and her colleagues at the ACLU; Bankroll as much as I do. with an interest in the outcome of that Sue Osthoff, Director of the National I wish wealthy interests with busi- debate. Clearinghouse for the Defense of Bat- ness before this body didn’t have un- Before that I also called the bankroll tered Women; John Albert, Public Pol- limited ability to give money to our on the interests lobbying both sides of icy Director of Victims Services; political parties through the soft the nuclear waste debate. Donna Edwards, Director of the Na- money loophole, but they do. I talked about phony issue ads, PAC tional Network to End Domestic Vio- I wish these big donors weren’t able contributions, unlimited soft money lence; Renny Cushing, Director of Mur- to buy special access to our political contributions—the money that’s al- der Victims’ Families for Reconcili- leaders through meetings and weekend ways here, just beneath the surface of ation; Arwen Bird; Scott Wallace; Beth retreats set up by the parties, but they our debates. Wilkinson; Emmet Welch; and Pro- can. It’s our unwillingness to discuss it or fessor Lynne Henderson. As always, I I wish fundraising skills and personal even acknowledge the influence of this thank my staff, as well as the hard- wealth weren’t some of the most money that speaks volumes about how working staff of our distinguished sought-after qualities in a candidate uncomfortable so many of us are with Democratic Leader. for Congress today, but everyone the current campaign finance system. Finally, my special thanks to Pro- knows that they are. The purpose of the Calling of the fessor Robert Mosteller of the Duke Most of all, I wish that these facts Bankroll is to force this body to face Law School, who has given so gener- didn’t paint a picture of Government so up to the appearance of corruption the ously of his time, over many years, to corrupt and so awash in the influence system causes and face up to our re- many of us on the Judiciary Com- of money that the American people, es- sponsibility to do something about it. mittee and in the Senate. Professor pecially young people, have turned So I can assure my colleagues that I Mosteller is a leading scholar in this away from their Government in dis- will keep Calling the Bankroll until we field, and his expertise and counsel gust, but every one of us knows that do something about the campaign fi- have been invaluable. they have. nance system that causes the Amer- Mr. FEINGOLD. Mr. President, I ask But I also know something else: that ican people to question our motives unanimous consent to speak as in we have the power to change this em- when we act on legislation, and, I am morning business. barrassing state of affairs. afraid, to question the very integrity of The PRESIDING OFFICER. Without Here in the Senate we have the power this body and our democracy. objection, it is so ordered. to show the American people that we And today they have more reason Mr. FEINGOLD. Mr. President, first, have the will to shut down the soft than ever to take a cynical view of our I compliment the wonderful statement money system. work. by the Senator from Michigan in oppo- As I said, I Called the Bankroll 19 Because last year was another sition to this amendment. On all issues times last year—and I could have done record-breaker in the annals of soft I appreciate his knowledge and his un- it even more times. money fundraising—the national polit- derstanding, and particularly his ex- Unfortunatey there is never a short- ical party committees raised a record tremely clear way of presenting his age of material. $107.2 million during the 1999 calendar views on this very important issue. When I Call the Bankroll I describe year—81 percent more than they raised Mr. LEVIN. I thank my friend. how much money the various interests during the last comparable presidential f lobbying on a particular bill have spent election period in 1995, according to on campaign contributions to influence Common Cause. CALLING OF THE BANKROLL KICK- our decisions. An 81 percent increase is astounding, OFF I Called the Bankroll on: A mining especially considering that the year Mr. FEINGOLD. Mr. President, as rider to emergency supplemental ap- it’s compared with—1995, the last off- many of my colleagues may remember, propriations, the gun control amend- election year preceding a presidential during the first session of this Congress ments to the juvenile justice bill, the election—which was itself a record- I initiated the Calling of the Bankroll. Super Hornet amendment to DoD au- breaking year for soft money fund- It is a time when I come to the floor to thorization, the Y2K liability legisla- raising. S3012 CONGRESSIONAL RECORD — SENATE April 27, 2000 This year one of the most notable tal’s ideas of a close working relation- I yield the floor. fundraising trends hits very close to ship between the Government and the Mr. FEINGOLD. Mr. President, I sug- home, or to the dome, as the case may requirements of a strong national de- gest the absence of a quorum. be: Congressional campaign commit- fense. Other recipients were George The PRESIDING OFFICER. The tees raised more than three times as Bush, Sam Nunn, Scoop Jackson, John clerk will call the roll. much soft money during 1999 than they Tower, Barry Goldwater, John Stennis The assistant legislative clerk pro- raised during 1995—$62 million com- and, I believe, our Presiding Officer, ceeded to call the roll. pared to $19.4 million. the distinguished Senator from Alaska, Mr. FEINGOLD. Mr. President, I ask That’s a huge increase, Mr. Presi- TED STEVENS. unanimous consent that the order for dent. The award is given to a citizen of the the quorum call be rescinded. It is three times as much soft United States who may be from the The PRESIDING OFFICER. Without money—much of it raised by Members military services, government, or in- objection, it is so ordered. Mr. FEINGOLD. Mr. President, I ask of Congress. The latest reports show dustry. Senator WARNER was honored record-breaking soft money figures for last night with the Forrestal award for unanimous consent that after the Sen- the first quarter of the year 2000, as his distinguished public service relat- ator from Alabama deals with the pro- well. ing to national security and national cedural matters I be recognized for 5 How should the public view this? defense in a wide range of responsibil- minutes and then Senator FEINSTEIN be What can we expect them to think as ities. All of us in the Senate know that recognized following me for 15 minutes as in morning business. Members of Congress ask for these un- Senator WARNER was a former Navy en- The PRESIDING OFFICER. Is there limited contributions from corpora- listed man in World War II, enlisting as objection? tions, unions and wealthy individuals, a 17-year-old, then serving again in Mr. WELLSTONE. Reserving the and then turn around and vote on legis- Korea as a marine officer. I have heard right to object. I ask unanimous con- lation that directly affects those do- him say he has gone through two basic sent that I be allowed to follow Sen- nors? trainings, both Navy and Marine. ator FEINSTEIN. Frankly Mr. President, it’s all the Later, during the cold war era, JOHN The PRESIDING OFFICER. Is there more reason for Americans to question served his Nation as Secretary of the objection? our integrity, whether those donations Navy. His service to the Nation in this Without objection, it is so ordered. have an impact on our decisions or not. body began in 1978, and he has been on f But we can regain some of the the Senate Armed Services Committee public’s trust by doing one simple ever since, a total of 21 years. I know MORNING BUSINESS thing—banning soft money. that JOHN enjoyed being honored by 900 Mr. SESSIONS. Mr. President, I ask On January 24, in its opinion in the of his friends and companions who pro- unanimous consent that there be a pe- Shrink Missouri case, the Supreme vide the equipment our soldiers and riod for the transaction of morning Court stated even more clearly to us sailors, marines and airmen use every business with Senators permitted to that we may take that step today with- day to maintain a strong national de- speak therein for up to 10 minutes out the slightest offense to the First fense. each. Amendment. JOHN’s public thanks to those in in- The PRESIDING OFFICER. Without I’ll continue the fight to ban soft dustry and in the services is an expres- objection, it is so ordered. money this year, and ask every one of sion of thanks from all of us in Con- f my colleagues to join me. gress. I associate myself with his re- The fight to ban soft money is a fight marks that he made so eloquently last THE RETIREMENT OF DR. HERB to regain the public’s trust, and Mr. evening. CHEEVER President, there’s no fight in our de- There is no one in this body who Mr. DASCHLE. Mr. President, quite mocracy today more worthwhile than cares more about the men and women often on the floor of the Senate, we that. in uniform, our military retirees, and give speeches about extraordinary peo- I yield the floor and suggest the ab- our veterans than JOHN WARNER. There ple who do extraordinary things. sence of a quorum. is no one more committed to the de- Today, I’d like to recognize someone The PRESIDING OFFICER. The fense of this Nation. The markup of our whose name you won’t see in the head- clerk will call the roll. committee’s bill for defense will be un- lines, but who is truly extraordinary in The assistant legislative clerk pro- dertaken next week, and the debate on every sense of the word. Earlier this ceeded to call the roll. this floor will show, without question, year, my good friend Dr. Herb Cheever, Mr. SESSIONS. Mr. President, I ask the depth of Senator JOHN WARNER’s Dean of the College of Arts and unanimous consent that the order for commitment to the Nation. Sciences at South Dakota State Uni- the quorum call be rescinded. We owe men such as JOHN WARNER versity (SDSU), announced that he The PRESIDING OFFICER. Without our gratitude for leading us in times of would retire. objection, it is so ordered. turmoil. There have been many in his- Dr. Cheever grew up in Brookings, Mr. SESSIONS. Mr. President, I ask tory who have provided this kind of es- South Dakota and received his under- unanimous consent to proceed as in sential leadership. We are part of graduate degree from SDSU. After morning business. JOHN’s team. As a member of the earning his doctorate from the Univer- The PRESIDING OFFICER. Without Armed Services Committee, I am proud sity of Iowa and teaching in Kansas objection, it is so ordered. of him, his leadership and his friend- and Wisconsin, Dr. Cheever returned to The Senator from Alabama. ship. Congratulations, JOHN, on being his alma mater. He and his wife Sydna f the recipient of the year 2000 James raised three boys in Brookings—Jason, Forrestal Memorial Award. Michael and Gene—and Herb and Sydna NATIONAL DEFENSE INDUSTRIAL I have the honor of serving with Sen- have long been tireless advocates of the ASSOCIATION AWARD DINNER ator WARNER on the Armed Services arts in our state. Mr. SESSIONS. Mr. President, last Committee. He is a gentleman’s gen- South Dakota State University is a night Senator JOHN WARNER, chairman tleman, a patriot’s patriot. He is proud wonderful school. Its reputation for of the Armed Services Committee, was of being able to preside this year over academic excellence and cutting edge the recipient of the James Forrestal a budget that produced the first real research is known across the country. Memorial Award at a gathering of 900 increase in defense spending in 15 Dr. Cheever is to be commended for the distinguished leading individuals in- years, a 4.8-percent pay raise for our critical role he played in the develop- volved in the industrial and military men and women in uniform. It was a ment of the University, but he should affairs of this Nation. It was awarded real accomplishment. also be recognized for his commitment last night in Washington. The For- I have been honored to serve with to the things one can’t measure by a restal award has been given since 1954 him. I share with this body my pride in standardized test. to distinguished Americans who most his being selected for this prestigious Dean Cheever is a passionate believer effectively applied Secretary Forres- award. in the importance of public service. April 27, 2000 CONGRESSIONAL RECORD — SENATE S3013 Throughout his teaching career, his The paper puts the total cost for a those agencies or explains why it does commitment to serving others was National Missile Defense system at $49 not agree. Unfortunately, we have been something that was impressed upon all billion. I say ‘‘a’’ National Missile De- told by the Ballistic Missile Defense of his students. When I was an under- fense system because the CBO paper Organization that, despite repeated of- graduate at SDSU, Dean Cheever did not examine the program actually fers to assess the CBO findings, CBO taught me more about the importance in place and for which we have received declined to present its conclusions be- of public service than I could have estimates in the past, but rather one fore publishing this paper. That is un- imagined possible, and there is no that its analysts thought should be in fortunate; had it done so, there might doubt in my mind that he helped steer place. Mr. Ken Bacon, the Defense De- be less confusion about what this paper me down the career path that I eventu- partment spokesman, characterized the says. ally chose to follow. estimate as an ‘‘apples to gold apples’’ I believe it is also important to note The impact Dean Cheever had on me comparison. some costs that CBO did not consider wasn’t confined to his work as an edu- The Defense Department has stated in this study. cator. He was also instrumental in previously that acquisition and oper- The study doesn’t examine the poten- helping shape my interest in politics. ation of a single site NMD system with tial costs to the United States of not Dr. Cheever and I volunteered together 100 interceptors would cost $25.6 billion having a missile defense system. We on George McGovern’s race for the Sen- through 2015. The CBO estimate of $49 should keep in mind that the NMD pro- ate in 1968. It was a true pleasure for billion is for a dual site NMD system gram is not like a new tactical fighter me to work alongside him during that with 250 interceptors. Some news re- or guided missile destroyer or armored exciting time. ports, such as one published in the Wall vehicle, replacing an earlier genera- Later, Dean Cheever took leave from Street Journal on April 25th have erro- tion. We have no defense against long- SDSU to help Dick Kneip remain gov- neously reported a figure of $60 billion range ballistic missiles launched ernor, and to direct the South Dakota for this year, which they arrive at by against our territory. That means that Democratic Party. Politically—and adding the cost of Space-Based Infrared should the day come when some na- luckily for me—Herb Cheever has Satellites. However, even the CBO tion—for whatever reason—launches a worked on behalf of the Democratic paper correctly notes that those sat- missile at the United States, without a Party. However, as everyone who ellites will serve other missile defense National Missile Defense system we knows him can attest, that is the only programs, as well as other entirely dif- will have no choice but to watch that venue in which he plays favorites. Dean ferent mission areas, and are not part missile strike its target. If that missile Cheever’s commitment to education of the cost of the NMD system. is equipped with a weapon of mass de- and his community, and his passion for Mr. President, I am convinced that a struction, the results would be the public service have made a deep and single interceptor site by itself will be most catastrophic event ever to take lasting impression on thousands of insufficient to adequately protect the place in the United States. An assess- young people on SDSU’s campus over United States from missile attack, and ment of these costs is nowhere to be the years, and I am pleased that I was additional capability will be needed. found in the CBO report. fortunate enough to be among them. Whether that should be a second Nor is the cost to U.S. leadership of I am proud to call Dean Herbert ground-based site, as the CBO paper as- our continued vulnerability to missile Cheever a friend, and I am pleased to sumes, one based at sea, or some other attack. A missile doesn’t have to be join Sydna, their friends and family in approach remains to be determined. used to be useful in deterring actions wishing him the best as he begins the But we should not confuse the CBO’s by other nations, and we need only next important chapter of his life. ‘‘golden apple’’ estimate with the esti- look at our own experience to confirm While his colleagues and students will mates we have received previously, that. The United States has spent hun- undoubtedly miss his daily presence in which address a different, single site dreds of billions of dollars on ballistic the classrooms of SDSU, I am con- NMD system. missiles over the last 40 years, none of fident that he will continue to touch Even where the CBO paper tried to which have ever been used. We did so many lives. make a direct comparison, it still because we believed those weapons f based its estimate on the program it would deter other nations from taking thought should exist rather than the certain actions that would harm our NATIONAL MISSILE DEFENSE one that does. For example, the paper interests. Mr. COCHRAN. Mr. President, just a determined that the Ballistic Missile The United States can be deterred, few days ago, the Congressional Budget Defense Organization should buy 75 too, by the threat of missile attack. Office released a paper entitled ‘‘Budg- percent more interceptor missiles than Our former colleague, Secretary of De- etary and Technical Implications of it plans to for testing and spares in the fense Cohen, provided an example of the Administration’s Plan for National so-called ‘‘Capability 1’’ single site sys- how that can happen when he spoke to Missile Defense.’’ I bring this paper to tem. It made different assumptions our Allies in Munich in February. He the Senate’s attention because I be- about construction costs, using the 30 said, lieve it is misleading and confusing. It year old Safeguard system in North If Saddam Hussein had five or ten or twen- has given support to critics of the pro- Dakota as its model. And it based its ty ICBMs with nuclear warheads, and he said gram who also have contributed to the costs on 30 operational flight tests over that, if you try to expel me from Kuwait, I’ll put one in Berlin, one in Munich, one in New confusion. the first five years of system operation, York, one in Washington, one in Los Ange- Some reporters and editors have three times the number actually les, etc., one in Rome—let’s spread the characterized this study as a ‘‘budget planned. wealth, one in England, London—how many estimate’’ of our National Missile De- Projecting costs for a complex weap- would have been quite so eager to support fense program which shows that the on system still under development is the deployment of some five hundred thou- costs will be far higher than previously an uncertain enterprise, and different sand convention troops to expel him from predicted. This is not so. analysts can reasonably reach different Kuwait? We would have had a different cal- The paper is not a budgetary scoring conclusions about what assumptions culation, asking, ‘‘What kind of a risk are we running?... of legislation that the CBO tradition- are warranted. It would have been rea- We never want to be in the position of ally engages in. This is a paper of a sonable for CBO to present its conclu- being blackmailed by anyone who will pre- kind the CBO occasionally produces in sions to those who are actually build- vent us from carrying out our Article 5 obli- response to Congressional requests, ing the NMD system and seek their gations or responding to any threat to our providing it can spare analysts from views on whether the different assump- national security interests.’’ their other duties. The request for this tions were warranted. This, after all, is Ther are significant costs to the abil- paper was recently made by members the procedure followed by the General ity of the United States to act in its of the Senate and the CBO acknowl- Accounting Office when it produces national interests if it is vulnerable to edges that it had insufficient time to such a study. It sends out a draft for missile attack. This report from the fully consider all of the questions it comment by the relevant agencies and CBO doesn’t place a dollar value on was asked to address. either incorporates the comments of that. S3014 CONGRESSIONAL RECORD — SENATE April 27, 2000 Mr. President, while our debates on vertisement that ran on the Op-ed Page An article in the Ottawa Citizen de- various defense programs can be served of the New York Times on Tuesday, scribes the attack by a 15-year-old boy by additional views, I think this new April 11. I ask unanimous consent that as one directly linked to the Col- paper from the Congressional Budget the text of the AJC ad be printed in the umbine killings. The teen-age boy was Office has done more to create confu- RECORD. apparently obsessed with the school sion than to contribute usefully to the There being no objection, the mate- massacre, and reportedly had photo- debate. I urge Senators to keep its lim- rial was ordered to be printed in the graphs of the Columbine killers posted itations in mind as they consider it. RECORD, as follows: in his school locker. Students remem- f [From the New York Times, April 11, 2000] ber the accused counting down the HATRED VERSUS PEACE days in eager anticipation of the exact QUEST FOR MIDEAST PEACE A comprehensive and durable Arab-Israeli moment Eric Harris and Dylan Klebold Mr. SMITH of Oregon. Mr. President, peace requires more than signed agreements. began their reign of terror. I had the privilege of chairing a hear- What is needed are concrete steps to build a In many ways, the student in Ottawa ing of the Foreign Relations Com- culture of peace. had similar experiences to those of mittee on April 5 that examined the As Israeli Prime Minister Ehud Barak Harris and Klebold. Classmates teased status of U.S. efforts to resolve still takes bold and courageous initiatives to achieve a permanent settlement with the him because of his appearance. He felt open questions of compensation and Palestinians, to withdraw Israeli forces from depressed and suicidal. He longed to be restitution arising from the tragedy of southern Lebanon, and to negotiate with noticed, and perhaps thought this act the Holocaust, and that looked broadly Syria, hatred of Jews seethes in the Arab of violence would give him the noto- at the persistent phenomenon of anti- government-controlled media, and in many riety he craved. And so, exactly one Semitism that inspired and enabled Arab schools, religious institutions, and pro- year and a few minutes after the Col- that monstrous crime. fessional societies. umbine massacre began, a boy in Ot- Some recent examples: Extraordinary witnesses appeared be- The Palestinian Authority-appointed Is- tawa picked up his backpack and fore the Committee—led by Dr. Elie lamic Mufti of Jerusalem last month pub- pulled out his weapon. Wiesel, who called on us and all civ- licly trivialized the Holocaust just before Both scenarios seem similar but ilized men and women to stand firm meeting with Pope John Paul II, echoing a there is one critical difference between against the dark forces of bigotry and view often published in newspaper articles the now infamous April 20th act of vio- other hatreds, and Deputy Secretary of and editorials across the Arab world. lence in Littleton and the more recent the Treasury Stuart Eizenstat, who de- Syrian textbooks are replete with anti- one in Ottawa that garnered virtually scribed the efforts of the United States Semitism, Holocaust denial, and open calls for the extermination of Jews. no attention. That crucial, critical dif- and other countries to finally and Professional societies in Egypt and Jordan, ference—the weapon. squarely confront with painful truths countries formally at peace with Israel, pro- Despite the Canadian boy’s obsession and achieve some level of justice for hibit contact with Israelis. The Jordanian with Columbine, his copycat crime was the Holocaust’s victims and its sur- Journalists’ Association expelled one mem- not carried out with an arsenal of vivors. ber for committing the ‘‘crime’’ of visiting semiautomatic guns, but with a kitch- One subject that was analyzed for the Israel and compelled three others to sign an en knife. The weapon he pulled from Committee in great detail was the cur- apology. While Israeli diplomats originally invited his backpack caused great pain and an- rent reach and impact of anti-Semi- to a University of Cairo conference on March guish, but in the end, none of the five tism, and I feel particularly indebted 28 were turned away at the door, the Arab people he stabbed sustained any life- to David Harris, Executive Director of League, also meeting in the Egyptian cap- threatening injuries. By comparison, the American Jewish Committee, for ital, called for an immediate end to Jewish the Columbine rampage left fifteen his thoughtful and comprehensive tes- immigration to Israel. dead and more than two dozen injured, timony on this grave matter. This The Palestinian Authority’s official news some of whom still have fragments of presentation reviewed not only the outlets regularly assert that Israel is spread- ing viruses throughout the Arab world. ammunition lodged deep in their bod- scourge of anti-semitism in Europe but Arab media have depicted, in words and ies. the increasingly troubling incidence of cartoons, Israeli Prime Minister Barak and The circumstances of these cases this form of bigotry in the Arab world. Foreign Minister David Levy as Nazis. were similar, but the outcomes were At the same time that countries Such virulent anti-Semitism and Holo- different because one country success- across the Middle East are engaged in a caust denial in the Arab world must no fully limits access to firearms among peace process guided by Washington longer be tolerated. The spreading of hatred and the pursuit of young people, and one does not. In Can- that promises a new era in relations peace cannot coexist. Which will it be? The ada, citizens are subject to licensing between Arabs and Israelis, old anti- fate of the region may depend on the answer. and registration requirements and have Jewish enmities are too often toler- f limited access to handguns and certain ated, or even fanned, by important in- assault weapons. In the United States, stitutions in the Arab world. Anti-Jew- SIMILAR CIRCUMSTANCES, our gun laws are so riddled with loop- ish and anti-Israel propaganda of the DIFFERENT OUTCOMES holes a 15 year old can legally possess most grotesque nature is commonly Mr. LEVIN. Mr. President, last week, an assault rifle. available—on the newsstands, in as the one-year anniversary of the Col- I’ve often made the point that Cana- schools, in professional societies and umbine shooting approached, rumors of dian children, who watch the same political conferences—and almost uni- copycat violence prompted panic movies and television programs, and versally tolerated, even by govern- among teachers and students. Prin- play with the same toys and video ments committed to pursuing peace. cipals and administrators sensitive to games, are far safer than their Amer- As the American Jewish Committee such rumors heightened security by ican counterparts. The key difference asserted, this sanctioning of hatred bringing in police protection and extra between these children is not morals, against Israel and Jews in general, pro- security guards. Other districts relied religion or family, the difference is ac- foundly complicates the search for on parents and community volunteers cess to guns. Middle East peace, fostering a climate to monitor school activity, and still How else can one explain that in 1997, in which compromise, accommodation, others canceled classes altogether the U.S. rate of death involving fire- trust and understanding—on both rather than suffer the fate of a school arms was approximately 14 per 100,000, sides—may be unattainable. This viru- shooting, or even the threat of one. compared to Canada’s rate of 4 per lent hatred is simply incompatible For the most part, on the day the na- 100,000? In 1997, in my hometown of De- with the search for peace, and it is the tion remembered Columbine, the ru- troit, there were 354 firearm homicides. obligation of the region’s leaders to act mors turned out to be just that—ru- In Windsor, the Canadian town that is firmly against its continuing dissemi- mors. But the day did not go by with- across the river, there were only 4 fire- nation. out an act of copycat violence. The arm homicides for that same year. Ac- I am grateful that the American Jew- tragedy occurred, not here in the counting for population, Detroit’s fire- ish Committee distilled the essence of United States, but in Ottawa in the arm homicide rate was 18 times higher its testimony on this subject in an ad- province of Ontario, Canada. than Windsor’s. April 27, 2000 CONGRESSIONAL RECORD — SENATE S3015 Congress does not have to pass Cana- at Woodward and Eliot in 1903 (now the elections and essentially dissolved in dian-style gun control laws to reduce Bonstelle Theater which is owned and 1933. In the mid-1980’s the charter was the number of American firearm cas- operated by Wayne State University) rediscovered and found to be valid, and ualties, but surely we need to reduce and a temple that was designed by the in 1985 the townspeople chose Emma access to firearms among minors. late Albert Kahn in 1922 and built at Gresham as their mayor. f Woodward and Gladstone. Like these Ms. Gresham enjoyed her position for formidable architectural works that less than a day because the charter was THE VERY BAD DEBT BOXSCORE bear witness to the congregation’s vi- revoked due to concerns over the city’s Mr. HELMS. Mr. President, at the sion and contribution, Beth El’s rabbis boundary. Following a drawn-out proc- close of business yesterday, Wednes- were pillars in the community and ess that involved excavations to dis- day, April 26, 2000, the Federal debt were instrumental in building and de- cover a long-lost landmark, the city’s stood at $5,718,483,607,979.32 (Five tril- veloping the Detroit Jewish commu- charter was reactivated and Ms. Gresh- lion, seven hundred eighteen billion, nity and the national institutions of am was elected again in 1988. Since four hundred eighty-three million, six the Reform movement. Rabbi Louis taking office, Mrs. Gresham has served hundred seven thousand, nine hundred Grossman, Rabbi Leo Franklin, Rabbi for free. seventy-nine dollars and thirty-two B. Benedict Glazer, and Rabbi Richard Once in office, Mayor Gresham set to cents). Hertz are among those who are well-re- work. Since the town government had One year ago, April 26, 1999, the Fed- membered for their significant leader- been dormant for so long, Keysville eral debt stood at $5,591,807,000,000 ship and prominent roles in helping to lacked many of the necessities most (Five trillion, five hundred ninety-one strengthen human relations and the small towns enjoy. The city lacked billion, eight hundred seven million). cause of social justice. clean water, streetlights, and even a Five years ago, April 26, 1995, the In 1973, the congregation opened its fire department. In addition, the Federal debt stood at $4,848,089,000,000 doors to its newest home in Bloomfield town’s adult illiteracy rate was dan- (Four trillion, eight hundred forty- Hills. Today it has a membership of gerously high. eight billion, eighty-nine million). over 1600 families. Under the spiritual Today, thanks to Mayor Gresham’s Fifteen years ago, April 26, 1985, the leadership of Rabbi Daniel Syme, leadership and commitment, Keysville Federal debt stood at $1,730,404,000,000 Rabbi David Castigilone, Rabbi Sheila has a water tower and a fire station. (One trillion, seven hundred thirty bil- Goloboy and Cantor Stephen DuBov. The first street lights were recently in- lion, four hundred four million) which Temple Beth El continues to play an stalled, and the town started a medical reflects a debt increase of almost $4 important role in the metropolitan De- clinic. Last, but certainly not least, trillion—$3,988,079,607,979.32 (Three tril- troit Jewish community, and it is rec- Keysville has an established adult lit- lion, nine hundred eighty-eight billion, ognized as one of the foremost Reform eracy program as well. seventy-nine million, six hundred seven congregations in the United States. The citizens of Keysville are now thousand, nine hundred seventy-nine Mr. President, I would like to express talking of building a new city hall and dollars and thirty-two cents) during my best wishes to Temple Beth El on elementary school. This is quite a feat the past 15 years. the celebration of this milestone in for a town that virtually did not exist f their history as a major contributor to twelve years ago. America’s cultural strength and reli- Now 75, Emma Gresham is likely to ADDITIONAL STATEMENTS gious tradition. We all profit from the retire when her current term as mayor preservation and celebration of indi- ends in 2002. We can only hope that her THE 150TH ANNIVERSARY OF vidual and religious freedom that Tem- successor will follow in her footsteps TEMPLE BETH EL ple Beth El so well embodies. I know and be as effective an advocate for my colleagues will join me in con- Keysville as Mayor Gresham. ∑ Mr. LEVIN. Mr. President, I rise gratulating the congregation of Tem- Mr. President, the town of Keysville today to call my colleagues’ attention ple Beth El and Rabbi Daniel Syme for is certainly blessed. Without Emma to the first Jewish congregation in the achieving 150 years as a ‘‘home that Gresham’s leadership, it is quite pos- state of Michigan, Temple Beth El. The welcomes all of Detroit’s Jewish com- sible that it would not have made the congregation, whose first services were munity’’ and as a hallmark of spiritual strides that it has in the last decade. I held in 1850 by twelve families in De- development.∑ offer my sincere congratulations to troit, begins the celebration of its 150th f Mrs. Gresham for the award she earned anniversary this year with a series of through years of commitment to special events. Beginning in May with CONGRATULATIONS TO MAYOR Keysville and its people, and wish con- a Musical Revue and concluding with a EMMA GRESHAM tinued success for her and the commu- benefit in November, the events will ∑ Mr. COVERDELL. Mr. President, I nity she leads.∑ bring together members of the con- rise today to pay tribute to one of the f gregation as well as thousands of oth- great civil servants of my state. On ers from throughout the metropolitan April 14, 2000, Mayor Emma Gresham of CAPTAINS JOHN AND GLORIA Detroit area. Keysville, Georgia, received an Essence CAFFREY Founded at a time of unrest in our Award from Essence Magazine for her ∑ Mr. INOUYE. Mr. President, I would nation—when the debate over slavery outstanding service to the community. like to take a moment to honor Cap- was intensifying, the economy was This award is a fitting tribute to a lady tain John (Jack) and Captain Gloria booming, and the railroad was trans- who has brought so much to her com- Caffrey as they retire after more than forming American culture—Beth El munity and Georgia as a whole. sixty years of combined dedicated serv- began with German immigrants. Mem- Emma Gresham was born on April 13, ice in the United States Navy. These bers of Beth El later joined in the Re- 1925, the youngest of eight children. As two outstanding Navy Nurse Corps offi- form Judaism movement. By 1867, the the daughter of a pastor and a mis- cers culminate their distinguished ca- congregation had replaced German sionary, Emma Gresham’s desire to reers at the Naval Hospital in Jackson- with English as the language of in- help other people was established at a ville, Florida, where Captain Jack struction, and in 1873 Beth El was one young age. During her youth she served Caffrey served as the Director of Oper- of the charter members of the Union of as a scoutmaster, and went on to work ational Medicine and Captain Gloria American Hebrew Congregations which as a teacher at her local church. All of Caffrey as the Director of Nursing brought together the Reform syna- her life Emma Gresham has sought to Services and Associate Director of gogues of America to establish an make other people’s lives better. Clinical Services. American rabbinical seminary. While Mrs. Gresham’s commitment Captain Jack Caffrey has distin- Over the years, the congregation ex- to the people of Keysville has existed guished himself as a true leader and perienced steady growth, locating at for decades, the town of Keysville has pace setter in the Navy Nurse Corps. In several notable sites in Detroit. These not. Although the town had held a addition to his last assignment in include a temple that was constructed charter since 1890, it stopped having Operational Medicine, highlights of his S3016 CONGRESSIONAL RECORD — SENATE April 27, 2000 career include serving as the Com- students, parents, administrators, and Development and Performance Insti- manding Officer and Executive Officer board members. Charter schools are a tute. The grand opening of the insti- of the Naval School of Health Sciences relatively recent phenomenon, but tute is May 1, 2000, which also happens in Bethesda, Maryland. His strong lead- they have already established their to be Michigan’s Third Annual Charter ership and dedication to excellence in mark on our nation’s public education School Day. The goal of the institute is education and training programs led to system. to foster high-performing students and unprecedented technological advances Mr. President, I am extremely proud effectively run charter public schools in training materials and methodolo- of the role the State of Michigan has by promoting development, achieve- gies. For more than thirty years Cap- played in the development of charter ment, and accountability. It will also tain Jack Caffrey has met every chal- schools. Since 1993, when Michigan be- disseminate information on and assist lenge and every assignment with en- came the ninth state to grant citizens schools with the design and the imple- thusiasm and zeal. He has served as a the freedom to establish charter mentation of charter school models. positive role model for all Nurse Corps schools, 173 public school academies, as Mr. President, I am extremely ex- officers and his contributions will posi- they are called, have been founded. cited that the week of May 1–May 5, tively impact military nursing and This places Michigan third in the na- 2000, is being officially recognized as health care for years to come. tion in number of charter schools, be- National Charter Schools Week. I am Captain Gloria Caffrey has also dis- hind just Arizona and California. In the hopeful that this will help to make our tinguished herself as an outstanding fall of 1999, over 50,000 students at- nation more aware of charter schools, Nurse Corp officer for more than thirty tended these public school academies, and the wonderful opportunities they years and has excelled in numerous ex- up from 30,000 in 1998. More impor- offer to teachers, parents, and students ecutive and clinical assignments. While tantly, 91 percent of Michigan parents throughout our nation. The sooner we her accomplishments have been many, said their charter public school did a fully realize the potential of charter highlights of her career include serving better job of educating their child, and schools, the sooner they will be able to as the Head of the Nurse Corps Assign- eight of ten said charter schools are fully reach this potential.∑ ment Section in the Bureau of Naval better at motivating students. f Personnel. In this role, she expertly It is my feeling that these numbers managed the assignment of 3,200 Nurse are an indication of the many benefits DR. WILLIAM SLOANE COFFIN Corps officers to billets Navy-wide. charter public schools offer to commu- ∑ Mr. LEAHY. Mr. President, May 6th Captain Gloria Caffrey was instru- nities. They provide parents and stu- marks the 75th birthday of Dr. William mental in increasing the number of dents with choice in education. They Sloane Coffin. Protestants for the Com- Nurse Corps officers selected to Execu- allow teachers a degree of flexibility mon Good is celebrating that day with tive Medicine billets and was key in de- that cannot be found in traditional a tribute to Dr. Coffin in Chicago, and veloping policy changes affecting De- public schools. Furthermore, they I want to take a moment to call the fense Officer Personnel Management allow administrators and board mem- Senate’s attention to the life of this re- Act grade relief and subspecialty re- bers a certain amount of innovation in markable man. ductions. Her superior leadership, vi- the founding, and also the funding, of I should begin by mentioning that sion, and dedication to duty has been schools, and in the decisions that are since his retirement, Bill has lived in an inspiration to all military nurses. made in how they are to be run. Vermont, and I am proud to represent Captain Gloria Caffrey leaves a lasting Mr. President, what charter schools a man whose dedication to peace, the legacy of excellence. do, first and foremost, is give teachers, environment, and social justice I have Mr. President, more than fifty years students, parents, and administrators long admired. ago, as I was recovering in a military the ability to experiment, to tinker William Sloane Coffin first came to hospital, I began a unique relationship with the system in the hopes of im- the world’s attention during the 18 with military nurses. The Caffreys em- proving it, and they do this while at years he served as the Chaplain of Yale body what I know military nurses to the same time remaining accountable University. As an outspoken and coura- be—strong, dedicated professional lead- to local and state school boards. If our geous supporter of civil rights and a ers, stepping to the forefront to serve educational system is to improve, if we founder of Clergy and Laity Concerned their country and committed to caring are truly going to strive to provide our for Vietnam, he often sacrificed his for our Sailors, Marines, Airmen, Sol- nation’s children with the education own safety to ensure and protect the diers and family members during they deserve, I feel that charter rights of others. He protested against peacetime and at war. Captains Jack schools are going to play a vital role in segregation laws in the South, and and Gloria Caffrey’s many meritorious this process. with Dr. Benjamin Spock against the awards and decorations demonstrate Indeed, Mr. President, in charter war in Vietnam. Anyone who was for- their contributions in a tangible way, schools, we have a situation where ev- tunate to hear him speak on these but it is the legacy they leave behind erybody wins. Parents are able to send great moral issues of our time remem- for the Navy Nurse Corps, the United their children to a safe school environ- bers his tremendous eloquence, passion States Navy and the Department of De- ment where they will have more say in and conviction. What many people may fense of which we are most appre- the entire process. Teachers are able to not know is that he also served his ciative. It is with pride that I con- find new ways to do their own work, to country as an infantry officer in Eu- gratulate both Captain Jack Caffrey work together with one another, and to rope during the Second World War. and Captain Gloria Caffrey on their work with members of the community. From New Haven, Dr. Coffin moved outstanding careers of exemplary serv- Administrators are lifted from many of to New York City where he became the ice.∑ the restraints of the traditional public Senior Minister at Manhattan’s River- f school system. And the greatest bene- side Church. His soaring oratory in- factor of all this will be our nation’s spired people from all walks of life. RECOGNITION OF NATIONAL public school students. They are the Regularly challenging those who at- CHARTER SCHOOLS WEEK ones who will benefit from the com- tended his services to seek justice in ∑ Mr. ABRAHAM. Mr. President, next petition, the experimentation, and the their own lives, Dr. Coffin set an exam- Monday, May 1, 2000, is the first day of innovation, because of the effect that ple by consistently doing so himself. the first National Charter Schools these things will have on our entire He founded the Church’s well-known Week in our nation’s history, an event public education system. disarmament program, traveled modeled after similar state level cele- Mr. President, I have long been a sup- throughout the world promoting peace brations in Michigan and California. I porter of charter schools and the many and respect for human rights, and re- feel that this is a momentous occasion opportunities they offer. It was my mains the President Emeritus of which provides the nation with an op- pleasure last year to have secured ‘‘SANE/FREEZE: Campaign for Global portunity to acknowledge and cele- $925,000 in funding for Central Michigan Security.’’ brate the hard work and many accom- University, which will use this money Mr. President, I have been fortunate plishments of charter school teachers, to establish a national Charter Schools not only to know of William Sloane April 27, 2000 CONGRESSIONAL RECORD — SENATE S3017 Coffin but to know him personally. He Larry’s love and devotion to his state EXECUTIVE MESSAGES REFERRED has had an extraordinary impact on his and home town of Brattleboro framed As in executive session the Presiding community, his state, his country, and all of his actions. We in Vermont are Officer laid before the Senate messages the world. His conscience is like a bea- saddened by his loss but heartened by from the President of the United con, which challenges and guides us all. the legacy that he leaves behind. States submitting a withdrawal and Not long ago, I celebrated my 60th Larry’s dedication to public service sundry nominations which were re- birthday. I hope that 15 years from now began early in his life. As an eighth ferred to the appropriate committees. I will be able to look back at my own grader, he was elected president of his (The nominations received today are life, and look forward to the days class and never looked back. Like printed at the end of the Senate pro- ahead, with the sense of accomplish- many of an earlier generation, Larry ceedings.) ment, pride, and commitment to equal- was a self-made man, going to work for [NOTE: The following message was ity, justice and peace that William his father immediately after grad- signed by the President on Tuesday, April 25, 2000 and received in the Sen- Sloane Coffin should feel on the occa- uating from Brattleboro Union High ate on Wednesday, April 26, 2000.] sion of his 75th birthday. School. Happy birthday my friend.∑ Demonstrating a devotion to his f f country that would extend throughout REPORT OF THE VETO OF THE NU- his life, Larry joined the Army and NATIONAL GRANGE WEEK CLEAR WASTE POLICY AMEND- served in Germany before coming home MENTS ACT OF 2000—MESSAGE ∑ Mr. GRAMS. Mr. President, I rise to earn his real estate license. In this FROM THE PRESIDENT—PM 101 today to pay tribute to the Minnesota profession that he found his true call- The PRESIDING OFFICER laid be- members of the National Grange. This ing, and it is here that he leaves his fore the Senate the following message week is Grange Week, which celebrates biggest footprint on the town of from the President of the United the oldest U.S. rural community serv- Brattleboro. States; which was ordered to be spread ice, family-orientated organization Larry devoted his career to afford- upon the Journal. with a special interest in agriculture. able housing and environmentally In recognition of its members in Min- friendly developments. His most impor- To the Senate of the United States: nesota, and across the United States, I tant projects have included renovating I am returning herewith without my approval S. 1287, the ‘‘Nuclear Waste want to take this time to reflect on the historic buildings to their original con- Policy Amendments Act of 2000.’’ accomplishments of the National dition while making them viable for Grange during the past 133 years. The overriding goal of the Federal modern day usage. Government’s high-level radioactive Organized in 1867, the National Larry was a consistent and impor- Grange assisted farmers who were try- waste management policy is the estab- tant champion of affordable housing, lishment of a permanent, geologic re- ing to dig out of financial troubles that taking the lead on the issue at the age plagued them after the Civil War. pository. This policy not only address- of thirty as a candidate for Battleboro es commercial spent nuclear fuel but Today, this organization continues to town selectman. He then went on to also advances our non-proliferation ef- advance the best interests of agri- serve on the Brattleboro Housing Au- forts by providing an option for dis- culture and promote the family values thority for two decades, building and posal of surplus plutonium from nu- that are rooted so deeply in rural renovating affordable housing and clear weapons stockpiles and an alter- America. apartments throughout the area. native to reprocessing. It supports our This commitment is easily seen in As if his professional and private life national defense by allowing con- the Grange’s involvement in many did not take up enough of his time, tinuing operation of our nuclear navy, local service projects, such as orga- Larry was active in every aspect of and it is essential for the cleanup of nizing community response teams to town affairs. He has served as president the Department of Energy’s nuclear cope with disasters, assisting in com- of the Kiwanis Club and as a corporator weapons complex. munity development revitalization, of Brattleboro Memorial Hospital. Since 1993, my Administration has volunteering at local schools, and pro- Among other activities too numerous been conducting a rigorous world-class moting farm and home safety, along to mention, Larry was a Mason, a scientific and technical program to with other important activities. member of the American Legion, the evaluate the suitability of the Yucca In my home state of Minnesota, the Shriners, and the Elks. Mountain, Nevada, site for use as a re- State Grange has been influential in Before he died, this close friend of pository. The work being done at the development of many key projects mine gave one last gift to his commu- Yucca Mountain represents a signifi- and services since 1867. Around the nity. Larry donated a historic home in cant scientific and technical under- turn of the century, the State Grange the center of Brattleboro to the town’s taking, and public confidence in this played a crucial role in helping farmers historical society for use as its head- first-of-a-kind effort is essential. and people in rural areas get home de- quarters and museum. Although only a Unfortunately, the bill passed by the livery of their mail and take part in small part of Larry’s life-long con- Congress will do nothing to advance rural electrification projects. They tribution to Brattleboro, the home will the scientific program at Yucca Moun- also helped form the University of Min- stand as a lasting monument to a man tain or promote public confidence in nesota School of Agriculture. who devoted his life to the betterment the decision of whether or not to rec- Mr. President, because its members of his community. ommend the site for a repository in understand the importance of the fam- It has been said that we live in deeds, 2001. Instead, this bill could be a step ily farm and the communities they re- not years. While Larry died young, his backward in both respects. The bill side in, it is easy to see why the Grange accomplishments rival those of the old- would limit the Environmental Protec- has been so successful in its many en- est of men. He will be missed not only tion Agency’s (EPA) authority to issue deavors. I am pleased to make this by Brattleboro and Vermont, but also radiation standards that protect statement on behalf of the Minnesota by this country, where his life stands human health and the environment and Grange, and I wish them well and com- as a shining example for us all. My would prohibit the issuance of EPA’s mend them for their many hours of vol- deepest condolences go out to Larry’s final standards until June 2001. EPA’s unteer service—service that is vital to devoted Wide, Kathleen, and his four current intent is to issue final radi- all our communities.∑ daughters.∑ ation standards this summer so that f they will be in place well in advance of f the Department of Energy’s rec- LARRY COOKE ommendation in 2001 on the suitability MESSAGES FROM THE PRESIDENT ∑ Mr. JEFFORDS. Mr. President, I rise of the Yucca Mountain site. today to pay tribute to an outstanding Messages from the President of the There is no scientific reason to delay Vermonter and good friend, Larry United States were communicated to issuance of these final radiation stand- Cooke, who recently died after a long the Senate by Mr. Evans, one of his ards beyond the last year of this Ad- illness. Born and raised in Vermont, secretaries. ministration; in fact, waiting until S3018 CONGRESSIONAL RECORD — SENATE April 27, 2000 next year to issue these standards Office of Policy, Planning and Evaluation, ‘‘Pseudorabies in Swine; Payment of Indem- could have the unintended effect of de- Environmental Protection Agency, transmit- nity’’ (Docket # 98–123–6), received April 19, laying a recommendation on whether ting, pursuant to law, the report of a rule en- 2000; to the Committee on Agriculture, Nu- or not to go forward with Yucca Moun- titled ‘‘Thiabendazole; Extension of Toler- trition, and Forestry. ance for Emergency Exemptions’’ (FRL # EC–8659. A communication from the Office tain. The process for further review of 6554–6), received April 18, 2000; to the Com- of Regulatory Analysis and Development, the EPA standards laid out in the bill mittee on Agriculture, Nutrition, and For- Policy and Program Development, Animal passed by the Congress would simply estry. and Health Inspection Service, Department create duplicative and unnecessary lay- EC–8651. A communication from the Office of Agriculture, transmitting, pursuant to ers of bureaucracy by requiring addi- of Regulatory Analysis and Development, law, the report of a rule entitled ‘‘Mexican tional review by the Nuclear Regu- Policy and Program Development, Animal Fruit Fly Regulations; Removal of Regu- latory Commission and the National and Health Inspection Service, Department lated Area’’ (Docket # 99–075–3), received Academy of Sciences, even though both of Agriculture, transmitting, pursuant to April 19, 2000; to the Committee on Agri- law, the report of a rule entitled ‘‘Change in culture, Nutrition, and Forestry. have already provided detailed com- Disease Status of Japan Because of Rinder- EC–8660. A communication from the Office ments to the EPA. This burdensome pest and Foot-and-Mouth Disease’’ (Docket # of Regulatory Analysis and Development, process would add time, but would do 00–031–1), received April 13, 2000; to the Com- Policy and Program Development, Animal nothing to advance the state of sci- mittee on Agriculture, Nutrition, and For- and Health Inspection Service, Department entific knowledge about the Yucca estry. of Agriculture, transmitting, pursuant to Mountain site. EC–8652. A communication from the Office law, the report of a rule entitled ‘‘Change in Finally, the bill passed by the Con- of Regulatory Analysis and Development, Disease Status of Japan Because of Rinder- gress does little to minimize the poten- Policy and Program Development, Animal pest and Foot-and-Mouth Disease’’ (Docket # tial for continued claims against the and Health Inspection Service, Department 00–031–1), received April 19, 2000; to the Com- of Agriculture, transmitting, pursuant to mittee on Agriculture, Nutrition, and For- Federal Government for damages as a law, the report of a rule entitled ‘‘Change in estry. result of the delay in accepting spent Disease Status of the Republic of Korea Be- EC–8661. A communication from the Regu- fuel from utilities. In particular, the cause of Rinderpest and Foot-and-Mouth Dis- lations Unit, Internal Revenue Service, De- bill does not include authority to take ease’’ (Docket # 00–033–1) , received April 13, partment of the Treasury, transmitting, pur- title to spent fuel at reactor sites, 2000; to the Committee on Agriculture, Nu- suant to law, the report of a rule entitled which my Administration believes trition, and Forestry. ‘‘Market Segment Specialization Program would have offered a practical near- EC–8653. A communication from the Office Audit Techniques Guide—Child Care Pro- term solution to address the contrac- of Regulatory Analysis and Development, viders’’, received April 19, 2000; to the Com- Policy and Program Development, Animal mittee on Finance. tual obligation to utilities and mini- and Health Inspection Service, Department EC–8662. A communication from the Regu- mize the potential for lengthy and of Agriculture, transmitting, pursuant to lations Unit, Internal Revenue Service, De- costly proceedings against the Federal law, the report of a rule entitled partment of the Treasury, transmitting, pur- Government. Instead, the bill would ‘‘Pseudorabies in Swine; Payment of Indem- suant to law, the report of a rule entitled impose substantial new requirements nity’’ (Docket # 98–123–6), received April 13, ‘‘Market Segment Specialization Program on the Department of Energy without 2000; to the Committee on Agriculture, Nu- Audit Techniques Guide—Garden Supplies’’, establishing sufficient funding mecha- trition, and Forestry. received April 19, 2000; to the Committee on nisms to meet those obligations. In ef- EC–8654. A communication from the Office Finance. of Regulatory Analysis and Development, EC–8663. A communication from the Regu- fect, these requirements would create Policy and Program Development, Animal lations Unit, Internal Revenue Service, De- new unfunded liabilities for the Depart- and Health Inspection Service, Department partment of the Treasury, transmitting, pur- ment. of Agriculture, transmitting, pursuant to suant to law, the report of a rule entitled My Administration remains com- law, the report of a rule entitled ‘‘Mexican ‘‘Market Segment Specialization Program mitted to resolving the complex and Fruit Fly Regulations; Removal of Regu- Audit Techniques Guide—Alternative Min- important issue of nuclear waste dis- lated Area’’ (Docket # 99–075–3), received imum Tax for Individuals’’, received April 19, posal in a timely and sensible manner April 13, 2000; to the Committee on Agri- 2000; to the Committee on Finance. consistent with sound science and pro- culture, Nutrition, and Forestry. EC–8664. A communication from the Board tection of public health, safety, and the EC–8655. A communication from the Office of Trustees of the Federal Hospital Insurance of Regulatory Analysis and Development, Trust Fund, transmitting a report relative environment. We have made consider- Policy and Program Development, Animal to the 2000 annual report of the Board; to the able progress in the scientific evalua- and Health Inspection Service, Department Committee on Finance. tion of the Yucca Mountain site and of Agriculture, transmitting, pursuant to EC–8665. A communication from the Com- the Department of Energy is close to law, the report of a rule entitled ‘‘Importa- missioner of Social Security, transmitting, completing the work needed for a deci- tion of Wood Chips from Chile’’ (Docket # 96– pursuant to law, a report relative to dis- sion. It is critical that we develop the 031–2), received April 24, 2000; to the Com- regards under the Old Age and Survivors Dis- capability to permanently dispose of mittee on Agriculture, Nutrition, and For- ability Insurance and Supplemental Security spent nuclear fuel and high-level radio- estry. Income programs; to the Committee on Fi- EC–8656. A communication from the Office nance. active waste, and I believe we are on a of Regulatory Analysis and Development, EC–8666. A communication from the Execu- path to do that. Unfortunately, the bill Policy and Program Development, Animal tive Office for Immigration Review, Depart- passed by the Congress does not ad- and Health Inspection Service, Department ment of Justice transmitting, pursuant to vance these basic goals. of Agriculture, transmitting, pursuant to law, the report of a rule entitled ‘‘Executive WILLIAM J. CLINTON. law, the report of a rule entitled ‘‘Change in Office for Immigration Review; Board of Im- THE WHITE HOUSE, April 25, 2000. Disease Status of the Republic of South Afri- migration Appeals, 21 Board Members’’ (RIN f ca Because of Rinderpest and Foot-and- 1125–AA28), received April 25, 2000; to the Mouth Disease’’ (Docket # 98–029–2), received Committee on the Judiciary. EXECUTIVE AND OTHER April 19, 2000; to the Committee on Agri- EC–8667. A communication from the Regu- COMMUNICATIONS culture, Nutrition, and Forestry. lations Policy and Management Staff, Food The following communications were EC–8657. A communication from the Office and Drug Administration, Department of of Regulatory Analysis and Development, Health and Human Services, transmitting, laid before the Senate, together with Policy and Program Development, Animal pursuant to law, the report of a rule entitled accompanying papers, reports, and doc- and Health Inspection Service, Department ‘‘Clinical Chemistry Devices; Classification uments, which were referred as indi- of Agriculture, transmitting, pursuant to of the Biotinidase Test System’’ (Docket No. cated: law, the report of a rule entitled ‘‘Change in 00P–0931), received April 20, 2000; to the Com- EC–8649. A communication from the Office Disease Status of the Republic of Korea Be- mittee on Health, Education, Labor, and of Regulatory Management and Information, cause of Rinderpest and Foot-and-Mouth Dis- Pensions. Office of Policy, Planning and Evaluation, ease’’ (Docket # 00–033–1), received April 19, EC–8668. A communication from the Regu- Environmental Protection Agency, transmit- 2000; to the Committee on Agriculture, Nu- lations Policy and Management Staff, Food ting, pursuant to law, the report of a rule en- trition, and Forestry. and Drug Administration, Department of titled ‘‘Fenpropathrin, Pesticide Tolerance’’ EC–8658. A communication from the Office Health and Human Services, transmitting, (FRL # 6554–4), received April 18, 2000; to the of Regulatory Analysis and Development, pursuant to law, the report of a rule entitled Committee on Agriculture, Nutrition, and Policy and Program Development, Animal ‘‘Medical Devices; Reclassification and Codi- Forestry. and Health Inspection Service, Department fication of the Nonabsorbable Expanded EC–8650. A communication from the Office of Agriculture, transmitting, pursuant to Polytetrafluoroethylene Surgical Suture’’ of Regulatory Management and Information, law, the report of a rule entitled (Docket No. 94P–0347), received April 25, 2000; April 27, 2000 CONGRESSIONAL RECORD — SENATE S3019 to the Committee on Health, Education, law, the report of a rule entitled ‘‘Airworthi- April 17, 2000; to the Committee on Com- Labor, and Pensions. ness Directives: Boeing Model 727 Series Air- merce, Science, and Transportation. EC–8669. A communication from the Food planes; Docket No. 99–NM–53 (4–11/4–13)’’ EC–8689. A communication from the Chief, and Drug Administration, Department of (RIN2120–AA64) (2000–0202), received April 17, Office of Regulations and Administrative Health and Human Services, transmitting, 2000; to the Committee on Commerce, Law, U.S. Coast Guard, Department of pursuant to law, the report of a rule entitled Science, and Transportation. Transportation, transmitting, pursuant to ‘‘Block Grant Programs’’, received April 19, EC–8680. A communication from the Fed- law, the report of a rule entitled ‘‘Draw- 2000; to the Committee on Health, Education, eral Aviation Administration, Department of bridge Regulations; Harlem River, Newtown Labor, and Pensions. Transportation, transmitting, pursuant to Creek, NY (CGD01–00–121)’’ (RIN2115–AE47) EC–8670. A communication from the Pen- law, the report of a rule entitled ‘‘Airworthi- (2000–0022), received April 17, 2000; to the sion and Welfare Benefits Administration, ness Directives: Boeing Model 737–600, –700, Committee on Commerce, Science, and Department of Labor transmitting, pursuant and –800 Series Airplanes; Request for Com- Transportation. to law, the report of a rule entitled ‘‘Revi- ments; Docket No. 2000–NM–84 (4–10/4–13)’’ EC–8690. A communication from the Chief, sions to Certain Regulations Regarding An- (RIN2120–AA64) (2000–0200), received April 17, Office of Regulations and Administrative nual Reporting and Disclosure Require- 2000; to the Committee on Commerce, Law, U.S. Coast Guard, Department of ments’’ (RIN1210–AA52), received April 25, Science, and Transportation. Transportation, transmitting, pursuant to 2000; to the Committee on Health, Education, EC–8681. A communication from the Fed- law, the report of a rule entitled ‘‘Draw- Labor, and Pensions. eral Aviation Administration, Department of bridge Regulations; Mississippi River, Iowa EC–8671. A communication from the Comp- Transportation, transmitting, pursuant to and Illinois (CGD08–99–069)’’ (RIN2115–AE47) troller General of the United States, trans- law, the report of a rule entitled ‘‘Airworthi- (2000–0021), received April 17, 2000; to the mitting, pursuant to law, the report of the ness Directives: Boeing Model 777 Series Air- Committee on Commerce, Science, and list of General Accounting Office reports for planes; Request for Comments; Docket No. Transportation. March 2000; to the Committee on Govern- 99–NM–232 (4–11/4–13)’’ (RIN2120–AA64) (2000– EC–8691. A communication from the Chief, mental Affairs. 0204), received April 17, 2000; to the Com- Office of Regulations and Administrative EC–8672. A communication from the Execu- mittee on Commerce, Science, and Transpor- Law, U.S. Coast Guard, Department of tive Director, Committee for Purchase from tation. Transportation, transmitting, pursuant to People who are Blind or Severely Disabled, EC–8682. A communication from the Fed- law, the report of a rule entitled ‘‘Draw- transmitting, pursuant to law, the report of eral Aviation Administration, Department of bridge Regulations; Ortega River, Jackson- a rule relative to additions to the Procure- Transportation, transmitting, pursuant to ville, FL (CGD08–00–023)’’ (RIN2115–AE47) ment List, received April 25, 2000; to the law, the report of a rule entitled ‘‘Airworthi- (2000–0018), received April 17, 2000; to the Committee on Governmental Affairs. ness Directives: Boeing Model 757–200, and Committee on Commerce, Science, and EC–8673. A communication from the Divi- –200PF Series Airplanes; Docket No. 99–NM– Transportation. sion of Financial Practices, Federal Trade 57 (4–11/4–13)’’ (RIN2120–AA64) (2000–0205), re- EC–8692. A communication from the, Office Commission transmitting, pursuant to law, ceived April 17, 2000; to the Committee on of Regulations and Administrative Law, U.S. the report of a rule entitled ‘‘Advisory Opin- Commerce, Science , and Transportation. Coast Guard, Department of Transportation, ion Regarding the Fair Debt Collection Prac- EC–8683. A communication from the Fed- transmitting, pursuant to law, the report of tices Act’’, received April 21, 2000; to the eral Aviation Administration, Department of a rule entitled ‘‘Special Anchorage Areas/An- Committee on Commerce, Science, and Transportation, transmitting, pursuant to chorage Grounds Regulations; San Francisco Transportation. law, the report of a rule entitled ‘‘Airworthi- Bay, CA (CGD11–99–009)’’ (RIN2115–AA98) EC–8674. A communication from the Gen- ness Directives: Airbus Model A300 Series (2000–0004), received April 17, 2000; to the eral Counsel, Department of Commerce, Airplanes; Docket No. 99–NM–205 (4–11/4–13)’’ Committee on Commerce, Science, and transmitting a draft of proposed legislation (RIN2120–AA64) (2000–0203), received April 17, Transportation. entitled ‘‘Technology Administration Au- 2000; to the Committee on Commerce, EC–8693. A communication from the Office thorization Act of 2000’’; to the Committee Science, and Transportation. of Regulations and Administrative Law, U.S. on Commerce, Science, and Transportation. EC–8684. A communication from the Fed- Coast Guard, Department of Transportation, EC–8675. A communication from the Fed- eral Aviation Administration, Department of transmitting, pursuant to law, the report of eral Aviation Administration, Department of Transportation, transmitting, pursuant to a rule entitled ‘‘Regatta Regulations; An- Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthi- nual Suncoast Kilo Run, Sarasota Bay, FL law, the report of a rule entitled ‘‘Antidrug ness Directives: Turbomeca 1A Series Air- (CGD08–00–029)’’ (RIN2115–AE46) (2000–0002), and Alcohol Misuse Prevention Programs for planes; Docket No. 99–NE–42 (4–11/4–17)’’ received April 17, 2000; to the Committee on Personnel Engaged in Specified Aviation Ac- (RIN2120–AA64) (2000–0207), received April 17, Commerce, Science, and Transportation. tivities; Technical Amendment Correcting 2000; to the Committee on Commerce, EC–8694. A communication from the Office FAA Office Addresses; Docket Nos. 27065, Science, and Transportation. of Regulations and Administrative Law, U.S. 25148, and 26620 (4/10–4/13)’’ (RIN2120–ZZ25), EC–8685. A communication from the Fed- Coast Guard, Department of Transportation, received April 17, 2000; to the Committee on eral Aviation Administration, Department of transmitting, pursuant to law, the report of Commerce, Science, and Transportation. Transportation, transmitting, pursuant to a rule entitled ‘‘Anchorage Ground; Safety EC–8676. A communication from the Fed- law, the report of a rule entitled ‘‘Airworthi- Zone; Speed Limit; Tongass Narrows and eral Aviation Administration, Department of ness Directives: Fokker Model F27 Mark 050 Ketchikan, AK (CGD17–99–002)’’ (RIN2115– Transportation, transmitting, pursuant to Series Airplanes; Docket No. 99–NM–315 (12– AF81) (2000–0001), received April 17, 2000; to law, the report of a rule entitled ‘‘Amend- 13/4–13)’’ (RIN2120–AA64) (2000–0198), received the Committee on Commerce, Science, and ment to Class E Airspace; Grand Island, NE; April 17, 2000; to the Committee on Com- Transportation. Confirmation of Effective Date of Final merce, Science, and Transportation. EC–8695. A communication from the Na- Rule; Docket No. 99–ACE–56 (4–11/4–17)’’ EC–8686. A communication from the Fed- tional Marine Fisheries Service, Department (RIN2120–AA66) (2000–0085), received April 17, eral Aviation Administration, Department of of Commerce, transmitting, pursuant to law, 2000; to the Committee on Commerce, Transportation, transmitting, pursuant to the report of a rule entitled ‘‘Atlantic Highly Science, and Transportation. law, the report of a rule entitled ‘‘Airworthi- Migratory Species Fisheries; Atlantic EC–8677. A communication from the, Fed- ness Directives: Dornier Model 328–100 Series Bluefin Tuna; Retention Limit Adjustment’’ eral Aviation Administration, Department of Airplanes; Docket No. 99–NM–40 (4–11/4–13)’’ (I.D. 033100D), received April 20, 2000; to the Transportation, transmitting, pursuant to (RIN2120–AA64) (2000–0201), received April 17, Committee on Commerce, Science, and law, the report of a rule entitled ‘‘Amend- 2000; to the Committee on Commerce, Transportation. ment to Class E Airspace; Monticello, IA; Science, and Transportation. EC–8696. A communication from the Na- Docket No. 00–ACE–5 (4–11/4–17)’’ (RIN2120– EC–8687. A communication from the Chief, tional Marine Fisheries Service, Department AA66) (2000–0085), received April 17, 2000; to Office of Regulations and Administrative of Commerce, transmitting, pursuant to law, the Committee on Commerce, Science, and Law, U.S. Coast Guard, Department of the report of a rule entitled ‘‘Fisheries of the Transportation. Transportation, transmitting, pursuant to Exclusive Economic Zone Off Alaska: Rock EC–8678. A communication from the Fed- law, the report of a rule entitled ‘‘Draw- Sole by Catcher Vessels Using Trawl Gear in eral Aviation Administration, Department of bridge Regulations; Mississippi River, Iowa the Bering Sea and Aleutian Islands’’, re- Transportation, transmitting, pursuant to and Illinois (CGD08–99–071)’’ (RIN2115–AE47) ceived April 19, 2000; to the Committee on law, the report of a rule entitled ‘‘Airworthi- (2000–0020), received April 17, 2000; to the Commerce, Science, and Transportation. ness Directives: Boeing Model 747–200B, –300, Committee on Commerce, Science, and EC–8697. A communication from the Na- –400, –400D, and –400F Series Airplanes; Re- Transportation. tional Marine Fisheries Service, Department quest for Comments; Docket No. 2000–NM–87 EC–8688. A communication from the Chief, of Commerce, transmitting, pursuant to law, (4–10/4–13)’’ (RIN2120–AA64) (2000–0199), re- Office of Regulations and Administrative the report of a rule entitled ‘‘Fisheries off ceived April 17, 2000; to the Committee on Law, U.S. Coast Guard, Department of West Coast States and in the Western Pa- Commerce, Science, and Transportation. Transportation, transmitting, pursuant to cific: Pacific Coast Groundfish Fishery; Trip EC–8679. A communication from the Fed- law, the report of a rule entitled ‘‘Draw- Limit Adjustments’’, received April 19, 2000; eral Aviation Administration, Department of bridge Regulations; West Bay, MA (CGD01– to the Committee on Commerce, Science, Transportation, transmitting, pursuant to 00–018)’’ (RIN2115–AE47) (2000–0019), received and Transportation. S3020 CONGRESSIONAL RECORD — SENATE April 27, 2000 EC–8698. A communication from the Na- POM–462. A resolution adopted by the Leg- his sentence be commuted, and that he be re- tional Marine Fisheries Service, Department islature of Guam relative to commuting a leased and returned to Guam; and be it fur- of Commerce, transmitting, pursuant to law, jail sentence and returning Federal lands to ther the report of a rule entitled ‘‘Fisheries of the the original landowners; to the Committee Resolved, That I Mina’Bente Singko Na Exclusive Economic Zone Off Alaska—Ap- on Energy and Natural Resources. Liheslaturan Guahan respectfully requests portionment of the Initial Reserve of Pacific RESOLUTION NO. 270 that President William Clinton return all ex- Cod in the Gulf of Alaska’’, received April 25, cess federal lands to the Government of Whereas, a Dededo lot approximately 29,000 2000; to the Committee on Commerce, Guam as expeditiously as possible; and be it square meters in size, owned by Angel Leon Science, and Transportation. further Guerrero Santos’ grandfather Angel Borja EC–8699. A communication from the Na- Resolved, That I Mina’Bente Singko Na Santos, was condemned by appointed Gov- tional Marine Fisheries Service, Department Liheslaturan Guahan respectfully requests ernor Carlton Skinner in 1950; and of Commerce, transmitting, pursuant to law, that the United States Congress allow all ex- Whereas, the above mentioned lot was used the report of a rule entitled ‘‘Atlantic Highly cess federal lands returned to the Govern- as part of the United States military train- Migratory Species Fisheries; Atlantic ment of Guam to be disposed of as the local ing and exercise grounds decades ago, but Bluefin Tuna Catch Reporting; Determina- government determines, including but not has since been declared excess federal land tion of State Jurisdiction’’ (RIN0648–AN56) limited to the return of the land to original by the United States Department of Defense (I.D. 012800H), received April 20, 2000; to the landowners and their heirs when possible; for decades, and is not within the boundaries Committee on Commerce, Science, and and be it further of any active federal facility or reservation, Transportation. Resolved, That the Speaker certify to and nor is it fenced or otherwise routinely pa- EC–8700. A communication from the Mass the Legislative Secretary attest the adop- trolled; and Media Bureau, Federal Communications tion hereof and that copies of the same be Whereas, Angel L.G. Santos began living Commission transmitting, pursuant to law, thereafter transmitted to the President of and farming on the Dededo lot in 1992, citing the report of a rule entitled ‘‘Amendment of the United States; to the President of the the fact that the government had not used Section 73.202(b), Table of Allotments, FM United States Senate; to the Speaker of the the land in many year; and Broadcast Stations; Lancaster, Groveton and United States House of Representatives; to Whereas, the U.S. military and then the Milan, NH’’ (MM Docket No. 99–9; RM–9434, the Secretary General of the United Nations; Federal Government issued notice to Angel 9597), received April 14, 2000; to the Com- to the National Organization for the Ad- L.G. Santos to vacate the lot, and in 1993 the mittee on Commerce, Science, and Transpor- vancement of Chamour People; to amnesty federal government sought and was granted tation. International; to Attorney Antonio Cortez; EC–8701. A communication from the Mass federal court injunction to keep him form to Rosaline Roberto Salas; to the Guam Con- Media Bureau, Federal Communications the lot; and gressional Delegate; and to the Honorable Whereas, a concrete house built by Angel ˚ Commission transmitting, pursuant to law, Carl T.C. Gutierrez, I Maga’lahen Guahan. L.G. Santos on the lot was destroyed by the the report of a rule entitled ‘‘Amendment of Federal Government after the Federal Court Section 73.202(b), Table of Allotments, FM POM–463. A resolution adopted by the Leg- injunction was granted in 1993, but in 1999 Broadcast Stations; Princeville, Kapaa and islature of Guam relative to a ‘‘Critical Angel L.G. Santos gave notice to the U.S. Kalaheo, HI’’ (MM Docket No. 99–139; RM– Habitat’’ Designation on Guam; to the Com- military that he would again live on the lot 9402, 9412), received April 14, 2000; to the mittee on Energy and Natural Resources. as an act of civil disobedience protesting the Committee on Commerce, Science, and RESOLUTION NO. 268 resistance of the Federal Government to ˚ Transportation. (Be it Resolved by I Liheslaturan Guahan: EC–8702. A communication from the Mass allow excess land to be returned to the origi- Whereas, thousands of acres of land on Media Bureau, Federal Communications nal owners and their heirs; and Guam are designated as ‘‘wildlife refuge’’ by Commission transmitting, pursuant to law, Whereas, the U.S. District Court of Guam the Department of the Interior, preventing the report of a rule entitled ‘‘Amendment of sentenced Angel L.G. Santos to federal pris- the rightful and long overdue return of that Section 73.202(b), Table of Allotments, FM on for violating its injunction against enter- land to original landowners and restricting Broadcast Stations; Spencer and Webster, ing and using the Dededo lot and for vio- the growth of Guam’s economy, in the name MA’’ (MM Docket No. 00–8, received April 14, lating its order to appear in court on October of protecting an extremely small number of 2000; to the Committee on Commerce, 8, 1999; and birds; and Science, and Transportation. Whereas, the Federal Government controls Whereas, attorneys for the Center for Bio- EC–8703. A communication from the Mass approximately one-third of Guam’s land, logical Diversity and the Marianas Audubon Media Bureau, Federal Communications with 44,000 acres in its inventory of which Society sent a February 3, 2000 letter ad- Commission transmitting, pursuant to law, 12,000 acres is surrounded by a military fence dressed to Secretary of the Interior, the Hon- the report of a rule entitled ‘‘Amendment of and only 6,000 acres of that is actively being orable Bruce Babbit, threatening litigation Section 73.202(b), Table of Allotments, FM used by the military; and and seeking to designate twenty-four thou- Broadcast Stations; Lampasas and Leander, Whereas, the Federal Government has de- sand five hundred sixty-two (24,562) acres of TX’’ (MM Docket No. 99–344), received April clared 10,000 acres of land it claims in Guam land on Guam as ‘‘Critical Habitat’’; and 24, 2000; to the Committee on Commerce, as excess land and has expressed its intent to Whereas, the designation of the land as Science, and Transportation. return the excess land to the Government of ‘‘Critical Habitat’’ would significantly re- EC–8704. A communication from the Wire- Guam, but resists the Government of Guam’s strict the Island’s tourism industry, placing less Telecommunications Bureau, Commer- expressed intent in local law to return the significant restrictions on inbound and out- cial Wireless Division, Policy and Rules excess Federal land to the original land- bound commercial airline flights on Guam Branch, Federal Communications Commis- owners and their heirs; and by forcing the Federal Aviation Administra- sion transmitting, pursuant to law, the re- Whereas, the Federal Government’s hold- tion to ensure that any of its actions, even port of a rule entitled ‘‘Part 90—Private ing of 44,000 acres of Guam land, more than those taking place outside of the ‘‘Critical Land Mobile Services; Section 90.425 Station 30,000 acres of which have never been devel- Habitat,’’ will not affect the habitat in any Identification; Section 90.647 Station Identi- oped, serves to stifle the Island’s economy by way; and fication’’ (GN Docket No. 93–252, PR Dockets not allowing private land owners to develop, Whereas, a ‘‘Critical Habitat’’ environ- 93–144 and 89–553, FCC 00–106), received April farm, or profit from the land, by not allow- mental designation is significantly more re- 19, 2000; to the Committee on Commerce, ing the local government to tax the land, strictive on uses of real property than a Science, and Transportation. and by making land more scarce and more wildlife refuge and could be applied to pri- EC–8705. A communication from the Com- expensive, and thereby driving up the cost of vately owned real property and real property mon Carrier Bureau, Network Services Divi- other goods and services on the Island; and owned by the government of Guam, severely sion, Federal Communications Commission Whereas, the unused federal land was con- limiting the possible economic uses for local transmitting, pursuant to law, the report of demned by a government not elected by the land already in short supply; and a rule entitled ‘‘In the Matter of Numbering people of Guam and is withheld by a Federal Whereas, a ‘‘Critical Habitat’’ designation Resource Optimization, Report and Order Government not elected by the people of on privately owned real property would de- and Further Notice of Proposed Rulemaking Guam; and value that real property, causing an adverse (rel. Mar. 31, 2000)’’ (FCC 00–104, CC Doc. 99– Whereas, Guam has been colonized and ad- impact to local lending institutions and de- 200), received April 24, 2000; to the Com- ministered for hundreds of years by the velopers that use the value of real property mittee on Commerce, Science, and Transpor- Spanish, the United States of America, and for collateral in their financial arrange- tation. Japan, and while the people of Guam are as ments; and patriotic as any other Americans, they seek Whereas, a ‘‘Critical Habitat’’ designation f democratic self-determination that has been on real property owned by the government of PETITIONS AND MEMORIALS endorsed by President William Clinton in his Guam would make it virtually impossible to visit to Guam in 1998; now therefore, be it finance projects through the bond market, The following petitions and memo- Resolved, That I Mina’Bente Singko Na and therefore would limit the development rials were laid before the Senate and Liheslaturan Guahan respectfully requests of infrastructure by the Guam Power Au- were referred or ordered to lie on the that clemency be granted for Angel L.G. thority, the Guam International Airport Au- table as indicated: Santos by President William Clinton, that thority, the Department of Education, the April 27, 2000 CONGRESSIONAL RECORD — SENATE S3021 Guam Waterworks Authority and the Port Whereas, prescription drugs account for States Senate, the Speaker and the Clerk of Authority of Guam, among others, which are the single largest component of out-of-pock- the United States House of Representatives, needed for the economic development of the et spending on health care after premium and Minnesota’s Senators and Representa- Island and the physical well-being of the Is- payment; and tives in Congress. land’s population; and Whereas, on average, beneficiaries are ex- Whereas, the return of excess Federal lands pected to spend as much out-of-pocket for SENATE RESOLUTION NO. 331 to original landowners or their heirs that is prescription drugs as for physician care, vi- Whereas, The U.S. Environmental Protec- designated as ‘‘Critical Habitat’’ would re- sion services, and medical supplies com- tion Agency (USEPA) is required to submit a sult in a significant limitation on the use of bined; and report to the U.S. Congress under the Bevill those lands, including the prevention of Whereas, in many cases, prescription drugs Amendment of 1980, otherwise known as the basic uses, such as farming or construction have proven to be more effective, more con- Bevill Regulatory Determination for Fossil of simply family dwellings and would re- venient, and less expensive than alternatives Fuel Combustion Wastes; and strict the installation of basic infrastruc- such as surgery or hospitalization; and Whereas, The Bevill Regulatory Deter- ture, such as water and power utilities; and Whereas, the nation is currently engaged mination requires the USEPA to ‘‘conduct a Whereas, a ‘‘Critical Habitat’’ designation in a debate about how to provide prescrip- detailed and comprehensive study and sub- could affect the mission of the U.S. military tion drug coverage to Medicare beneficiaries, mit a report on the adverse effects on human in this region, as Rear Admiral E.K. the vast majority of whom are age sixty-five health and environment, if any, of the dis- Kristensen wrote to the U.S. Fish and Wild- and over; and posal and utilization of fly ash waste, bot- life Service Regional Director on November Whereas, while about two-thirds of all tom ash waste, slag waste, flue gas emission 17, 1992, stating concerns regarding ‘‘the pos- Medicare beneficiaries already have some control waste, and other by-product mate- rials generated primarily from other com- sibility of untenable restriction on the mili- form of prescription drug coverage, many low-income seniors do not; and bustion of coal or other fossil fuels’’; and tary mission that could be created . . . Whereas, The USEPA has studied this Whereas, the Legislature of Louisiana be- which could lead to significant limitation on issue since 1981 and in 1993 decided that these lieves that all seniors who need prescription the Department of Defense Activities Per- coal combustion wastes do not pose a threat ceived in the Future is incompatible with drugs should have access to them. Therefore to human health and the environment under Refuge operations.’’; and be it current disposal practices; and Whereas, the limitations on Guam’s devel- Resolved, That the Legislature of Louisiana Whereas, The new USEPA report may rec- opment, commercial flights, basic Island in- does hereby memorialize the Congress of the ommend that coal ash be classified as a haz- frastructure, financial arrangements, origi- United States to adopt a program which will ardous waste; and nal landowners and economic activity that provide prescription drug coverage to Medi- Whereas, Illinois is a coal-producing state would be forced by a ‘‘Critical Habitat’’ des- care beneficiaries. Be it further and a determination that coal ash is a haz- ignation would be without significant evi- Resolved, That a copy of this Resolution ardous waste would inhibit the sales of Illi- dence and scientific data showing that the shall be transmitted to the secretary of the nois coal; and designation would in anyway be necessary United States Senate and the clerk of the Whereas, Coal is used in a number of indus- for the continued survival of any species; United States House of Representatives and trial processes by major employers and is a to each member of the Louisiana congres- vital component of the Illinois industrial now therefore, be it ˚ sional delegation. fuel mix; and Resolved. That˚ I MinaBente Singko Na Liheslaturan Guahan does hereby, on behalf Whereas, Coal ash can be a useful by-prod- of the people of Guam, respectfully request POM–465. A resolution adopted by the Leg- uct of coal combustion and can be incor- that the United States Department of Inte- islature of the State of Minnesota relative to porated in a number of products such as gyp- rior not allow the designation of land on Americans who may be held against their sum board, roof shingles, abrasives, and fluid Guam as ‘‘Critical Habitat’’; and be it fur- will in North Korea, China, Russia, and Viet- fill material and classifying coal ash as a ther nam; to the Committee on Foreign Rela- hazardous waste would seriously damage re- ˚ cycling efforts and the business economy as- Resolved, That˚ I MinaBente Singko Na tions. Liheslaturan Guahan does hereby, on behalf sociated with these products; and RESOLUTION NO. 4 Whereas, Illinois derives nearly half of its of the people of Guam, respectfully request Whereas, United States satellite and spy energy needs from coal-fired power plants that the Congress of the United States of plane photos show names and rescue codes of and further hindering their operations could America not allow the designation of land on missing servicemen spelled out on the compromise the realiaibility of the electric Guam as ‘‘Critical Habitat’’; and be it fur- ground in Vietnam and Laos; and system; and ther Whereas, such rescue codes are constructed Whereas, Illinois coal-fired power plants Resolved, That the Speaker certify, and the exactly as the missing men were taught would be put at a competitive disadvantage Legislative Secretary attests to, the adop- should they ever be captured; and if the Bevill Determination were to rec- tion hereof and that copies of the same be Whereas, the executive branch of the ommend that coal ash be classified a haz- thereafter transmitted to the Honorable Wil- United States government has declined to ardous waste; therefore, be it liam Jefferson Clinton, President of the follow the unanimous recommendation of Resolved, by the Senate of the Ninety-first United States of America; to the Honorable the Senate Select POW/MIA committee to General Assembly of the State of Illinois, That Albert Gore, Jr., President of the United make a by-name request of the government we urge the USEPA to refrain from States Senate; to the Honorable J. Dennis of Vietnam regarding the fate of an indi- classifying coal ash as a hazardous waste; Hastert, Speaker of the United States House vidual associated with a June 5, 1992, symbol and be it further of Representatives; to the Honorable Bruce Resolved, That suitable copies of this reso- at a Vietnamese prison; and Babbit, Secretary of the United States De- lution be delivered to Vice President Al Whereas, the executive branch has stead- partment of Interior; to the Honorable Rob- Gore, USEPA Director Carol Browner, and fastly refused a unanimous recommendation ert A. Underwood, Member of Congress, U.S. every member of the Illinois congressional from the same committee to create an im- House of Representatives; and to the Honor- delegation. ˚ agery review task force to look for other able Carl T.C. Gutierrez, I Magalahen ˚ symbols from prisoners; and Guahan. POM–466. A resolution adopted by the Sen- Whereas, intelligence indicates a group of POM–464. A concurrent resolution adopted ate of the State of Illinois relative to live American prisoners held in North Korea; by the Legislature of the State of Louisiana classifying coal ash as a hazardous waste; to and relative to prescription drug coverage for the Committee on Environment and Public Whereas, intelligence reports indicate the Medicare beneficiaries; to the Committee on Works. presence of American POWs held in North POM–467. A resolution adopted by the Sen- Finance. Korea, China, Russia, and Vietnam; and ate of the General Assembly of the State of SENATE CONCURRENT RESOLUTION NO. 7 Whereas, the United States government Connecticut relative to a regional petroleum Whereas, although Medicare provides im- has rebuffed overtures from Vietnam and supply mechanism; to the Committee on En- portant health insurance for older Ameri- North Korea regarding the release of live ergy and Natural Resources. cans, its coverage is not comprehensive, re- American POWs; now, therefore, be it SENATE RESOLUTION NO. 12 quires substantial cost-sharing for many Resolved by the Legislature of the State of Whereas, a sharp, sustained increase in the covered services, and does not cover prescrip- Minnesota, That it urges the President and price of fuel oil would negatively affect the tion drugs; and the Congress of the United States to take overall economic well-being of the United Whereas, the American Association of Re- whatever action is necessary to obtain the States, and such increases have occurred in tired Persons (AARP) recently published a release of Americans who may be held the winters of 1983–1984, 1988–1989 and 1999– brief entitled ‘‘Out-Of-Pocket Health Spend- against their will in North Korea, China, 2000; and ing by Medicare Beneficiaries Age 65 and Russia, and Vietnam. Be it further Whereas, the United States currently im- Older: 1999 Projections’’ and revealed that Resolved, That the Secretary of State of ports roughly fifty-five per cent of its oil; Medicare beneficiaries age sixty-five and the State of Minnesota is directed to prepare and older were projected to spend an average of copies of this memorial and transmit them Whereas, the heating oil price increases $2,430 or nineteen percent of income; out-of- to the President of the United States, the disproportionately harm the poor and the el- pocket for health care in 1999; and President and the Secretary of the United derly; and S3022 CONGRESSIONAL RECORD — SENATE April 27, 2000

Whereas, the global oil market is often Bruce Sundlun, of Rhode Island, to be a ate and appeared in the CONGRESSIONAL greatly influenced by nonmarket-based sup- Member of the National Security Edu- RECORD on March 30, 2000. ply manipulation, including price fixing and cation Board for a term of four years. Air Force nomination of David S. Wood, production quotas; and Manuel Trinidad Pacheco, of Arizona, to be a which was received by the Senate and ap- Whereas, according to the June 1998 United Member of the National Security Edu- peared in the CONGRESSIONAL RECORD of States Department of Energy ‘‘Report to cation Board for a term of four years. April 4, 2000. Congress on the Feasibility of Establishing a (Reappointment) Air Force nominations beginning Robert F. Heating Oil Component to the Strategic Pe- The following named officer for appoint- Byrd and ending John B. Steele, which nomi- troleum Reserve’’, (1) the use of a govern- ment as Deputy Judge Advocate General of nations were received by the Senate and ap- ment-owned distillate reserve in the North- the United States Navy in the grade indi- peared in the CONGRESSIONAL RECORD on east would provide benefits to consumers in cated under title 10, U.S.C., section 5149: April 11, 2000. the Northeast and to the nation, (2) the fed- To be rear admiral Army nominations beginning Robert B. eral government would make a profit of Abernathy, Jr. and ending X4568, which Capt. Michael F. Lohr, 1245 forty-six million dollars from drawing down nominations were received by the Senate and and selling the distillate, (3) consumer sav- The following named officer for appoint- appeared in the CONGRESSIONAL RECORD on ings, including reductions in jet fuel, would ment as Judge Advocate General of the February 2, 2000. total four hundred twenty-five million dol- United States Navy under title 10, U.S.C., Army nominations beginning Harold T. lars, (4) there are a number of commercial section 5148: Carlson and ending Jeffrey M. Young, which petroleum storage facilities with available Judge Advocate General of the United States nominations were received by the Senate and capacity for leasing in the New York/New Rear Adm. Donald J. Guter, 0275 appeared in the CONGRESSIONAL RECORD on February 7, 2000. Jersey area, and (5) it would be cost-effective The following named officer for appoint- Army nominations beginning Robert V. to keep a federal government stockpile of ap- ment in the United States Navy to the grade Loring and ending Jeffrey D. Watters, which proximately two million barrels in leased indicated while assigned to a position of im- nominations were received by the Senate and storage in the Northeast, filled by trading portance and responsibility under title 10, appeared in the CONGRESSIONAL RECORD on some crude oil from the federal govern- U.S.C., section 601: ment’s strategic reserve of oil for the refined March 30, 2000. To be vice admiral product, now, therefore, be it Army nominations beginning Willie D. Resolved, That the Senate calls upon the Vice Adm. Edmund P. Giambastiani, Jr., 8318 Davenport and ending William P. Troy, United States Congress to create a heating The following named officer for appoint- which nominations were received by the Sen- oil reserve located in the Northeast region of ment in the United States Marine Corps to ate and appeared in the CONGRESSIONAL the United States to be utilized to stabilize the grade indicated while assigned to a posi- RECORD on March 30, 2000. the cost of heating oil for residents of the tion of importance and responsibility under Army nominations beginning *Thomas N. state; and be it further title 10, U.S.C., section 601: Auble and ending *Robert A. Yoh, which Resolved That the clerk of the Senate cause To be lieutenant general nominations were received by the Senate and a copy of this resolution to be sent to the appeared in the CONGRESSIONAL RECORD on presiding officer of each house of Congress Lt. Gen. Raymond P. Ayres, Jr., 5986 March 30, 2000. and to each member of the Connecticut con- The following named officer for appoint- Army nominations beginning Richard A. gressional delegation. ment in the United States Marine Corps to Keller and ending *Wendy L. Harter, which f the grade indicated while assigned to a posi- nominations were received by the Senate and tion of importance and responsibility under appeared in the CONGRESSIONAL RECORD on REPORT OF COMMITTEE title 10, U.S.C., section 601: April 4, 2000. The following report of committee To be lieutenant general Army nominations beginning James M. Maj. Gen. Emil R. Bedard, 9035 Brown and ending Thomas E. Stokes, Jr., was submitted: which nominations were received by the Sen- The following named officer for appoint- By Mr. HELMS, from the Committee on ate and appeared in the CONGRESSIONAL ment in the United States Marine Corps to Foreign Relations, with an amendment in RECORD on April 11, 2000. the nature of a substitute: the grade indicated while assigned to a posi- Navy nomination of Leanne M. York- S. 682: A bill to implement the Hague Con- tion of importance and responsibility under Slagle, which was received by the Senate and vention on Protection of Children and Co-op- title 10, U.S.C., section 601: appeared in the CONGRESSIONAL RECORD of eration in Respect of Intercountry Adoption, To be lieutenant general March 30, 2000. and for other purposes (Rept. No. 106–276). Lt. Gen. Bruce B. Knutson, Jr., 7136 Navy nominations beginning James H. f The following named officer for appoint- Fraser and ending Dwayne K. Hopkins, which nominations were received by the Senate and EXECUTIVE REPORTS OF ment in the United States Marine Corps to appeared in the CONGRESSIONAL RECORD on COMMITTEES the grade indicated while assigned to a posi- tion of importance and responsibility under March 30, 2000. The following executive reports of title 10, U.S.C., section 601: Navy nominations beginning Gerald L. committees were submitted: Gray and ending Linda M. Gardner, which To be lieutenant general nominations were received by the Senate and By Mr. WARNER for the Committee on Maj. Gen. William L. Nyland, 8595 appeared in the CONGRESSIONAL RECORD on Armed Services. The following named officer for appoint- The following named officer for appoint- April 4, 2000. Navy nominations beginning Coy M. ment in the United States Air Force to the ment in the United States Marine Corps to Adams, Jr. and ending Michael A. Zurich, grade indicated while assigned to a position the grade indicated while assigned to a posi- which nominations were received by the Sen- of importance and responsibility under title tion of importance and responsibility under ate and appeared in the CONGRESSIONAL 10, U.S.C., section 601: title 10, U.S.C., section 601: To be lieutenant general RECORD on April 4, 2000. To be lieutenant general Marine Corps nomination of J. E. Lt. Gen. John L. Woodward, Jr., 3961 Maj. Gen. Michael W. Hagee, 5620 Christiansen, which was received by the Sen- The following named officer for appoint- (The above nominations were reported ate and appeared in the CONGRESSIONAL ment in the United States Air Force to the with the recommendation that they be con- RECORD of April 4, 2000. grade indicated while assigned to a position firmed.) Marine Corps nomination of Clifton J. of importance and responsibility under title The PRESIDING OFFICER. Without McCullough, which was received by the Sen- 10, U.S.C., section 601: objection, it is so ordered. ate and appeared in the CONGRESSIONAL To be lieutenant general Mr. WARNER. Mr. President, for the RECORD of April 4, 2000. Marine Corps nomination of Landon K. Maj. Gen. Harry D. Raduege, Jr., 9435 Committee on Armed Services, I report Thorne III, which was received by the Senate The following named officer for appoint- favorably nomination lists which were and appeared in the CONGRESSIONAL RECORD ment in the United States Air Force to the printed in the RECORDS of the dates in- of April 4, 2000. grade indicated while assigned to a position dicated, and ask unanimous consent, to Marine Corps nominations beginning David of importance and responsibility under title save the expense of reprinting on the R. Chevallier and ending John K. Winzeler, 10, U.S.C., section 601: Executive Calendar, that these nomi- which nominations were received by the Sen- To be lieutenant general nations lie at the Secretary’s desk for ate and appeared in the CONGRESSIONAL Maj. Gen. John R. Dallager, 9670 the information of Senators. RECORD on April 4, 2000. By Mr. HELMS, from the Committee on The following named officer for appoint- The PRESIDING OFFICER. Without Foreign Relations ment in the United States Army to the grade objection, it is so ordered. Treaty Doc. 105–51 Convention on Protec- indicated under title 10, U.S.C., section 624: Air Force nominations beginning Marlene tion of Children and Co-operation in Respect To be brigadier general, medical service corps E. Abbott and ending Brian P. Zurovetz, of Intercountry Adoption (Exec. Report No. Col. Richard L. Ursone, 5290 which nominations were received by the Sen- 106–14). April 27, 2000 CONGRESSIONAL RECORD — SENATE S3023 TEXT OF THE COMMITTEE RECOMMENDED duction for a portion of their charitable con- SUBMISSION OF CONCURRENT AND RESOLUTION OF ADVICE AND CONSENT: tributions, and for other purposes; to the SENATE RESOLUTIONS Committee on Finance. Resolved, (two-thirds of the Senators present The following concurrent resolutions concurring therein), That the Senate advise By Mr. BURNS (for himself, Mr. DOR- and consent to the ratification of the Con- GAN, MR. WYDEN, and Mr. BAUCUS): and Senate resolutions were read, and vention on Protection of Children and Co-op- S. 2476. A bill to amend the Communica- referred (or acted upon), as indicated: eration in Respect of Intercountry Adoption, tions Act of 1934 in order to prohibit any reg- By Mr. ROBB (for himself and Mr. adopted and opened for signature at the con- ulatory impediments to completely and ac- WARNER): clusion of the seventeenth session of the curately fulfilling the sufficiency of support S. Res. 298. A resolution designating the Hague conference on Private International mandates of the national statutory policy of month of May each year as the Month for Law on May 29, 1993 (Treaty Doc. 105–51) universal service, and for other purposes; to Children; to the Committee on the Judiciary. (hereinafter, ‘‘The Convention’’), subject to the Committee of Commerce, Science, and By Mr. MCCONNELL (for himself and the declarations of subsection (a) and sub- Transportation. Mr. DODD): section (b). By Mr. GRASSLEY (for himself and S. Res. 299. A resolution to make technical (a) DECLARATIONS.—The Senate’s advice Mr. BREAUX): corrections to the Standing Rules of the Sen- and consent is subject to the following dec- S. 2477. A bill to amend the Social Security ate; considered and agreed to. larations, which shall be included in the in- Act to provide additional safeguards for By Mr.WELLSTONE: strument of ratification: beneficiaries with representative payees S. Res. 300. A resolution designating the (1) NON-SELF EXECUTING CONVENTION.—The under the Old-Age, Survivors, and Disability week of April 23–30, 2000, as ‘‘National Shak- United States declares that the provisions of Insurance program or the Supplemental Se- en Baby Syndrome Awareness Week’’; con- Articles 1 through 39 of the Convention are curity Income program; to the Committee on sidered and agreed to. not self-executing. Finance. f (2) PERFORMANCE OF REQUIRED FUNCTIONS.— By Mr. AKAKA (for himself and Mr. The United States declares, pursuant to Ar- STATEMENTS ON INTRODUCED GRAHAM): ticle 22(2), that in the United States the Cen- BILLS AND JOINT RESOLUTIONS tral Authority functions under Articles 15–21 S. 2478. A bill to require the Secretary of may also be performed by bodies or persons the Interior to conduct a theme study on the By Mr. BURNS (for himself, Mr. meeting the requirements of Articles 22(2)(a) peopling of America, and for other purposes; DORGAN, Mr. WYDEN. and Mr. and (b). Such bodies or persons will be sub- to the Committee on Energy and Natural Re- BAUCUS): ject to federal law and regulations imple- sources. S. 2476. A bill to amend the Commu- menting the Convention as well as state li- By Ms. LANDRIEU: nications Act of 1934 in order to pro- censing and other laws and regulations appli- S. 2479. A bill to amend the Internal Rev- enue Code of 1986 to provide a refundable hibit any regulatory impediments to cable to providers of adoption services. The completely and accurately fulfilling performance of Central Authority functions credit against income tax to certain elemen- by such approved adoption service providers tary and secondary school teachers who re- the sufficiency of support mandates of would be subject to the supervision of the ceive advanced certification and to exclude the national statutory policy of uni- competent federal and state authorities in from gross income certain amounts received versal service, and for other purposes; the United States. by such teachers; to the Committee on Fi- to the Committee on Commerce, (b) DECLARATIONS.—The Senate’s advice nance. Science, and Transportation. By Ms. COLLINS (for herself, Mr. and consent is subject to the following dec- UNIVERSAL SERVICE SUPPORT ACT FRIST, Mr. ABRAHAM, Ms. SNOWE, and larations, which shall be binding on the Mr. BURNS. Mr. President, I rise President: Mr. JEFFORDS): (1) DEPOSIT ON INSTRUMENT.—The President S. 2480. A bill to amend the Federal Food, today to introduce the Universal Serv- shall not deposit the instrument of ratifica- Drug, and Cosmetic Act to improve the safe- ice Support Act, a bill that will spur tion for the Convention until such time as ty of perishable product whose import is reg- increased access to communications the federal law implementing the Conven- ulated by the Commissioner of Food and services for rural America. Just a few tion is enacted and the United States is able Drugs, and for other purposes; to the Com- short years ago, we took the dramatic to carry out all the obligations of the Con- mittee on Health, Education, Labor, and step of reshaping our nation’s commu- vention, as required by its implementing leg- Pensions. nications policy by passing the Tele- islation. By Mr. WARNER (for himself and Mr. communications Act of 1996. A signifi- (2) TREATY INTERPRETATION.—The Senate LEVIN) (by request): affirms the applicability to all treaties of S. 2481. A bill to authorize appropriations cant element of that initiative was the the constitutionally based principles of trea- for fiscal year 2001 for military activities of codification of a reconstituted policy ty interpretation set forth in Condition (1) of the Department of Defense, to prescribe of universal service, which guarantees the resolution of ratification of the INF military personnel strengths for fiscal year all Americans with the ability to ac- Treaty, approved by the Senate on May 27, 2001, and for other purposes; to the Com- cess to quality communications serv- 1988, and Condition (8) of the resolution of mittee on Armed Services. ices. ratification of the Document Agreed Among By Mr. DURBIN (for himself and Mr. Nevertheless, a significant impedi- the States Parties to the Treaty on Conven- LAUTENBERG): tional Armed Forces in Europe, approved by ment to the fulfillment of this national S. 2482. A bill to assist States and units of policy exists. There currently exist two the Senate on May 14, 1997. local government in carrying out Safe (3) SUPREMACY OF THE CONSTITUTION.— regulatory caps that are limiting the Homes-Safe Streets programs; to the Com- Nothing in the Treaty requires or authorizes mittee on the Judiciary. amount of support that can be directed legislation or other action by the United By Ms. SNOWE (for herself and Mr. to high-cost infrastructure deployment States of America that is prohibited by the WARNER): initiatives that are covered under the Constitution of the United States as inter- S. 2483. A bill to provide for the eligibility 1996 Act. preted by the United States. The regulatory caps were first insti- (4) REJECTION OF NO RESERVATIONS PROVI- of small business concerns owned and con- SION.—It is the Sense of the Senate that the trolled by women for assistance under the tuted in 1994 at a time when a signifi- ‘‘no reservations’’ provisions contained in mentor-protege program of the Department cant number of communications infra- Article 40 of the Convention has the effect of of Defense; to the Committee on Armed structure acquisitions were taking inhibiting the Senate from exercising its Services. place. This was in the days prior to the constitutional duty to give advice and con- By Mr. CLELAND (for himself and Mr. 1996 Act, which initiated competition sent to a treaty, and the Senate’s approval of COVERDELL): S. 2484. A bill to ensure that immigrant and deregulation into the communica- this Convention should not be construed as a tions industry. Many of the acquisi- precedent for acquiescence to future treaties students and their families receive the serv- containing such a provision. ices that the students and families need to tions of that time involved the rural f successfully participate in elementary exchanges of large incumbent local ex- schools, secondary schools, and commu- change carriers that were divesting INTRODUCTION OF BILLS AND nities, in the United States, and for other themselves of properties deemed to be JOINT RESOLUTIONS purposes; to the Committee on Health, Edu- unprofitable or otherwise undesirable. cation, Labor, and Pensions. The following bills and joint resolu- The entities purchasing such exchanges By Ms. COLLINS (for herself and Ms. were generally the small rural coopera- tions were introduced, read the first SNOWE): and second times by unanimous con- S. 2485. A bill to direct the Secretary of the tive and commercial systems that have sent, and referred as indicated: interior to provide assistance in planning served large portions of the nation’s By Mr. COVERDELL: and constructing a regional heritage center rural areas for years. S. 2475. A bill to amend the Internal Rev- in Calais, Maine; to the Committee on En- The Federal Communications Com- enue Code of 1986 to allow nonitemizers a de- ergy and Natural Resources. mission instituted these caps because S3024 CONGRESSIONAL RECORD — SENATE April 27, 2000 the acquiring carriers were seeking annual accounting to SSA reporting the meantime, the beneficiary has lost support for these newly acquired ex- about benefits received, used, and con- the amount misused and may be tem- changes in order to upgrade them to served. porarily inconvenienced, by not having the standards of the day. Generally Currently, about 6.5 million Social money to pay rent, utilities, or food, this meant that universal service sup- Security and Supplemental Security until a new payee is assigned. port was being sought and approved for Income program beneficiaries rely on In order to prevent misuse of benefits areas which had never before received representative payees to manage their in the future, and to provide better ac- such support. The FCC was concerned monthly benefits. SSA usually looks countability of benefits to bene- that the level of support might esca- for a payee among the beneficiary’s ficiaries, I am introducing the ‘‘Social late and in response it imposed both a family and friends. For others, those Security Beneficiaries Protection cap on individual areas and also on the traditional networks of support are not Act,’’ along with my co-sponsor and overall support channeling through the available, and SSA relies on state, Special Committee on Aging Ranking system. While waivers to the caps were local, or community sources to fill the Member Senator BREAUX. This bipar- occasionally granted, for all intents need. Family members serve as rep- tisan bill: and purposes growth of universal serv- resentative payees for about 88 percent (1) gives SSA the authority to re- ice support other than for the addition of the beneficiaries requiring them. issue benefits misused by organiza- of new lines was effectively halted. 45,050 organizations, such as institu- tional payees on its own determination However, shortly thereafter the 1996 tions, government agencies, financial (presently, benefits are only re-issued Act was enacted, which radically organizations, and qualified fee-for- when a court finds that SSA neg- changed this nation’s telecommuni- service organizations, serve as payees ligently failed to investigate/monitor cations landscape. The Act envisioned for the other 12 percent, totaling the payee); an evolving universal service support 750,570 beneficiaries. (2) requires non-governmental orga- system which would help ensure the de- As Chairman of the Special Com- nizational payees to be bonded and li- ployment of advanced services. The mittee on Aging, I am especially con- censed (presently, there is a bonding or regulatory caps are at odds with this cerned about the 795,060 beneficiaries, licensing requirement); (3) requires fee forfeiture when pay- policy and must be repealed. age 62 and over, who are served by rep- ees misuse benefits; We cannot permit regulatory policies resentative payees. With the retire- ment of the baby boomer generation on (4) gives SSA overpayment recovery that are so clearly inconsistent with authority for benefits misused by non- statutory policy to stand unchallenged. the horizon, the number of institu- tions, such as nursing homes, serving governmental payees; and A national, statutory policy dedicated (5) extends civil monetary penalty as payees stands to increase dramati- to universal communications service authority to SSA (of not more than cally. Therefore, addressing this mat- exists, and we can no longer allow in- $5,000 per violation for misuse of- appropriate regulatory actions to un- ter now is all the more urgent. The majority of representative pay- fenses). dermine its intent. I urge my col- I urge my fellow Senators to support ees provide much-needed help to bene- leagues to join me in moving this ini- Senator BREAUX and me in ensuring ficiaries without abusing this responsi- tiative forward to passage prior to the that our Nation’s most vulnerable citi- bility. A minority of payees misuse end of this Congress. zens, senior citizens and the disabled, their position. SSA’s Office of the In- will receive every dollar of benefits to By Mr. GRASSLEY (for himself spector General (OIG) has recently in- which they are entitled. and Mr. BREAUX): vestigated several instances of misuse I would also like to remind everyone S. 2477. A bill to amend the Social Se- by organizational representative pay- that the Senate Special Committee on curity Act to provide additional safe- ees. One such investigation served as Aging is holding a hearing on misuse of guards for beneficiaries with represent- the subject of a recent ‘‘20/20’’ tele- benefits by Social Security organiza- ative payees under the Old-Age, Sur- vision news program segment. In this tional representative payees Tuesday, vivors, and Disability Insurance pro- segment, several elderly Social Secu- May 2, 2000, at 10:00 a.m. in 562 Dirksen. gram or the Supplemental Security In- rity beneficiaries accused Greg Gam- come program; to the Committee on ble, of the Aurora Foundation, a By Mr. AKAKA (for himself and Finance. former organizational payee, of using Mr. GRAHAM): SOCIAL SECURITY BENEFICIARIES PROTECTION their benefits for his own purposes. On S. 2478. To require the Secretary of ACT March 14, 2000, Mr. Gamble entered a the Interior to conduct a theme study Mr. GRASSLEY. Mr. President, I rise guilty plea in federal court of embez- on the peopling of America, and for today to introduce legislation which zlement of Social Security funds. As other purposes; to the Committee on would make Social Security bene- part of the plea agreement, Mr. Gamble Energy and Natural Resources. ficiaries, who had their benefits mis- agreed to make restitution to SSA in THE PEOPLING OF AMERICA THEME STUDY ACT used by organizational representative the amount of $303,314.00. Although this Mr. AKAKA. Mr. President, America payees, whole. While most people re- is only one example of misuse, SSA’s is truly unique in that we are all immi- ceive their Social Security and Supple- OIG has just begun investigating sev- grants to the United States, coming mental Security Income benefit pay- eral instances of misuse. Since FY 1998, from different regions—whether from ments directly, others must have as- it has identified about $8 million in Asia, across the Bering Sea, or from is- sistance in money management. Bene- SSA representative payee fraud loss. lands in the Pacific Ocean, or Mexico, fits, totaling over $25 billion, to these SSA’s OIG expects the number of mis- Europe or many other regions of the people are paid through representative use cases to increase as SSA increases world. The prehistory and the history payees who receive and manage the its review of organizational representa- of this Nation are inextricably linked payments on behalf of the bene- tive payee records. to the mosaic of migrations, immigra- ficiaries. Representative payee respon- When any payee has been determined tions and cultures that has resulted in sibilities include, but are not limited to have misused an individual’s bene- the peopling of America. Americans to, frequently monitoring the bene- fits, SSA reassigns another payee to are all travelers from other regions, ficiary’s current well-being for food, the beneficiary. Unfortunately, SSA continents and islands. shelter, clothing, medical care, and can reissue the benefits only in cases We need a better understanding of personal needs; informing the Social where negligent failure on SSA’s part this coherent and unifying theme in Security Administration of changes in to investigate or monitor the payee re- America. With this in mind, I am intro- the representative payee’s own cir- sulted in the misuse. In virtually all ducing, along with my colleague Sen- cumstances that would affect the per- other cases, the individual loses his or ator GRAHAM, a bill authorizing the Na- formance of representative payee serv- her funds unless SSA can obtain res- tional Park Service to conduct a theme ices; reporting events to the Social Se- titution, through civil processes, of the study on the peopling of America. curity Administration that may affect misused benefits from the payee. If The purpose of the study is to pro- the beneficiary’s entitlement or SSA is able to recover the misused vide a basis for identifying, inter- amount of benefits; and submitting an amount, it may take years to do so. In preting and preserving sites related to April 27, 2000 CONGRESSIONAL RECORD — SENATE S3025 the migration, immigration and set- new traditions and cultures that we broader than Angel Island. Many ear- tling of America. The peopling of adopted or created anew upon arrival. lier migrants to the west coast contrib- America is the story of our Nation’s Whether we settled in the rangelands uted to the rich history of California, population and how we came to be the and agrarian West, the industrialized including the original resident Native diverse set of people that are today. Northeast, the small towns of the Mid- Americans, Spanish explorers, Mexican The peopling of America will acknowl- west, or the genteel cities of the South, ranchers, Russian colonists, American edge the diverse set of people that we our forebears inevitably formed rela- migrants from the Eastern states who are today. The peopling of America tionships with peoples of other back- came overland or around the Horn, will acknowledge the first migrants grounds and cultures. Our rich heritage German and Irish military recruits, who settled the North American con- as Americans is comprehensible only Chinese railroad laborers, Portuguese tinent, the Pacific Islands, and the through the stories of our various and Italian farmers, and many other lands that later became the United contituent cultures, carried with us groups. The diversity and experience of States of America. The original peoples from other lands and transformed by these groups reflects the diversity and came across the Bering Sea from Asia, encounters with other cultures. experience of all immigrants who en- or they arrived at our Pacific Islands All Americans were originally trav- tered the United States via the West- across thousands of miles of ocean elers from other lands. Whether we ern States, including Alaska, Wash- from the South Pacific and Micronesia. came to this country as native peoples, ington, Oregon, and California. The peopling of America continued as English colonists or African slaves, or The study we propose is consistent Spanish, Portuguese, French, Dutch as Mexican ranchers, or Chinese mer- with the agency’s latest official the- and English laid claim to lands and chants, the process by which our na- matic framework which establishes the opened the floodgates of European mi- tion was peopled transformed us from subject of human population movement gration and the involuntary migration strangers from different shores into and change—or ‘‘peopling places’’—as a of slaves from Africa. neighbors unified in our inimitable di- primary thematic category for study This was just the beginning. America versity—Americans all. It is essential and interpretation. The framework, has been growing and changing ever for us to understand this process, not which serves as a general guideline for since. The growth and change can be only to understand who and where we interpretation, was revised in 1996 in characterized as the movement of are, but also to help us understand who response to a Congressional mandate groups of people across external and in- we wish to be and where we should be (Civil War Sites Study Act of 1990, Pub- ternal boundaries, the strength within headed as a nation. As the caretaker of lic Law 101–628, Sec. 1209) that the full their cultures, and the diffusion of cul- some of our most important cultural diversity of American history and pre- tural ways through the United States. and historical resources, from Ellis Is- history be expressed in the National The strength of American culture is in land to San Juan Island, from Chaco Park Service’s identification and inter- our diversity and rests on a com- Canyon to Kennesaw Mountain, the pretation of historic and prehistoric prehensive understanding of the peo- National Park Service is in a unique properties. pling of America. position to conduct a study that can In conclusion, we believe that this The theme study I am proposing will offer guidance on this fundamental bill will shed light on the unique blend authorize the Secretary of the Interior subject. of pluralism and unity that character- to identify regions, areas, districts, Currently we have only one focal izes our national polity. With its re- structures and cultures that illustrate point in the National Park system that sponsibility for cultural and historical and commemorate key events or deci- celebrates the peopling of America parks, the Park Service plays a unique sions in the peopling of America, and with any significance. Ellis Island is role in enhancing our understanding of which can provide a basis for the pres- part of the Statute of Liberty National the peopling of America and thus of a ervation and interpretation of the peo- Monument. Ellis Island welcomed over fuller comprehension of our relation- pling of America. It includes preserva- 12 million immigrants between 1892 and ships with each other—past, present, tion and education strategies to cap- 1954, an overwhelming majority of and future. ture elements of our national culture whom crossed the Atlantic from Eu- I urge my colleagues to support this and history such as immigration, mi- rope. Ellis Island celebrates these im- initiative. gration, ethnicity, family, gender, migrant experiences through their mu- health, neighborhood, and community. seum, historic buildings, and memorial By Ms. LANDRIEU: In addition, the study will make rec- wall. Immensely popular as it is, Ellis S. 2479. A bill to amend the Internal ommendations regarding National His- Island is focused on Atlantic immigra- Revenue Code of 1986 to provide a re- toric Landmark designations and Na- tion and thus reflects the experience fundable credit against income tax to tional Register of Historic Places only of those groups—primarily East- certain elementary and secondary nominations, as appropriate. The study ern and Southern European—who were school teachers who receive advanced will also facilitate the development of processed at the island during its ac- certification and to exclude from gross cooperative programs with educational tive period, 1892 to 1954. income certain amounts received by institutions, public history organiza- Not all immigrants and their de- such teachers; to the Committee on Fi- tions, State and local governments, scendants can identify with Ellis Is- nance. and groups knowledgeable about the land. Tens of millions of other immi- CERTIFIED TEACHER’S TAX CREDIT peopling of America. grants traveled to our great country Ms. LANDRIEU. Mr. President, I Mr. President, as we enter a new cen- through other ports of entry and in dif- come to the floor today to introduce a tury of hope and opportunity, it is in- ferent periods of our Nation’s history bill. We are going to be discussing, I cumbent on us to reflect on the degree and prehistory. Ellis Island only tells hope, next week the reauthorization of to which the development of the United part of the American story. There are the Elementary and Secondary Edu- States owes to our population diver- other chapters, just as compelling, that cation Act, which is a very important sity. Looking back, we understand that must be told. act for the country, that provides the our history, and our very national On the west coast, Angel Island Im- ways in which the Federal Government character, is defined by the grand, en- migration Station, tucked in San Fran- supports our local school systems tangled progress of people to, and cisco Bay, was open from 1910 to 1940 throughout the country. There are a across the American landscape— and processed hundreds of thousands of few of us here who believe very strong- through exploration, colonization, the Pacific Rim immigrants through its ly we need to change some of the ways slave trade, traditional immigration, portals. An estimated 175,000 Chinese we do that, to really focus on results or internal migration—that gave rise immigrants and more than 20,000 Japa- and not process, so we can stop funding to the rich interactions that make the nese made the Long Pacific passage to failure and begin rewarding success. American experience unique. the United States. Their experience are So I come to the floor today to intro- We embody the culture and tradi- a west coast mirror of the Ellis Island duce a bill because there are so many tions that our forebears brought from experience. But the migration story on ways we can help improve our schools. other places and shores, as well as the the west coast is much longer and Because my time is limited, I cannot S3026 CONGRESSIONAL RECORD — SENATE April 27, 2000 list them. But one of the ways we can In economic terms, it is estimated be donated to a State or local museum do that is by helping to encourage good that the lifetime medical costs of the for display. people to go into the field of teaching 134,445 gunshot injuries in the United Safe Homes-Safe Streets programs and to help raise teachers’ salaries, if States in 1994 was $2.3 billion. The av- would provide an excellent way for we can, in appropriate ways, to encour- erage medical cost per injury was communities to draw attention to the age good, qualified teachers to stay in about $17,000. The medical cost of gun- problem of gun violence, which is the classrooms. shot injuries due to assaults was about fueled by the widespread, easy avail- As you know, Mr. President, we do $1.7 billion. Taxpayers paid 49% or $1.1 ability of firearms. Gun reduction pro- not fund teachers’ salaries directly. billion of these medical costs. The esti- grams under the Safe Homes-Safe The bill I am introducing will provide a mated indirect costs of gunshot inju- Streets Act would also serve as a cata- tax credit for those teachers who be- ries, the value of lost productivity due lyst for local communities and neigh- come nationally board certified. Cur- to fatal and non-fatal injuries, was borhood organizations to work with rently, there are over 4,000 teachers about $19.7 billion in 1994. law enforcement in a collaborative who are nationally board certified. There are also non-economic costs manner. Moreover, gun reduction pro- This will provide a $5,000 tax credit. It which include pain and suffering of the grams under the Safe Homes-Safe is the least we can do to help encour- survivors, the fear which inevitably Streets Act would encourage citizens age the States to continue the way permeates all strata of society, the so- to become more involved in the fight they are encouraging good, qualified cietal and emotional stress on both against gun violence. people to stay in the classroom and to adults and children, and the influence Most importantly, the Safe Homes- help raise the salaries of teachers in gun related violence can have on a Safe Streets Act would eliminate tens this Nation. community. of thousands of guns from our homes Just for the record, beginning teach- The multiple costs of gun-related in- and streets. With fewer guns in Amer- ers make $7,000 less than their peers, juries—the human cost, the economic ican homes, fewer guns can fall into but, more tragically, teachers with a cost, and the non-economic cost— the wrong hands and fewer guns can be master’s degree make about $35,000 amount to an exceedingly costly epi- used for crime or suicide. It makes no less. demic and make finding a solution to difference if older or newer guns are gun violence a top priority. Unfortu- collected in the programs because all By Mr. DURBIN (for himself and nately, there is no single cure for this guns are potentially lethal and can be Mr. LAUTENBERG): disease. However, voluntary gun reduc- fired accidentally. Guns kept in the S. 2482. A bill to assist States and tion programs that provide a means to home for self-protection are three units of local government in carrying reducing the number of weapons on the times more likely to kill a friend or a out Safe Homes-Safe Streets programs; streets and in children’s homes are an relative than an intruder. Safe Homes- to the Committee on the Judiciary. important step to creating safe and Safe Streets programs would help stop SAFE HOMES-SAFE STREETS ACT healthy environments. violence before it occurs. ∑ Mr. DURBIN. Mr. President, today I That is why I have introduced the On their own volition, some commu- am introducing legislation along with Safe Homes-Safe Streets Act of 2000. nities have launched successful gun re- Senator LAUTENBERG to help commu- The purpose of this Act is to volun- duction programs to help rid them- nities voluntarily reduce the number of tarily reduce the number of guns in cir- selves of guns and reduce the senseless guns in their homes and on their culation by aiding State and local law violence in their daily lives. Many streets. There are over 200 million guns enforcement departments that wish to communities have implemented gun in America today. Alarmingly, that is conduct gun reduction programs to cre- buyback programs; however, other almost one for every man, woman, and ate safer homes and safer streets. communities have taken a more inno- child in this country. Of those 200 mil- Under the Safe Homes-Safe Streets vative approach to address the circula- lion guns, 66 million are hand guns and Act, law enforcement officials would be tion of illegal guns on their streets. the number of assault weapons is in- permitted to— For example, in California and in my creasing. Although statistics show a (1) accept voluntary surrender of fire- hometown of Springfield, Illinois, law 4.7% decrease in the rate of firearm-re- arms from individuals seeking to dis- enforcement officials have imple- lated injuries from 1996 to 1997, the rate pose of them; mented the ‘‘Stop Gun Violence Re- of a firearm-related injuries is still un- (2) provide gift certificates or other ward Program.’’ Under the ‘‘Stop Gun acceptably high. goods in exchange for firearms; Violence Reward Program,’’ citizens More than 600,000 gun crimes are (3) provide cash in exchange for fire- are encouraged to anonymously and committed in the United States each arms, in a value not to exceed a per- confidentially call the CrimeStoppers year. On average, approximately 200 centage of the estimated cost of a new hotline when handguns are seen in pub- people are wounded by guns and ap- firearm of the same type; or lic places. An officer is then dispatched proximately 88 people are killed by (4) use any other innovative approach to investigate the compliant. If an ille- guns everyday. Twelve American chil- to encourage a voluntary reduction in gal gun is recovered in a public place, dren, under the age of 19, are killed by the number of firearms in local com- the caller receives a $100 cash reward. guns everyday. The rate of accidental munities. If the gun is stolen, it is returned to its shooting deaths for children under the This legislation would authorize $15 rightful owner. If the gun is not needed age of 15 in the United States is nine million for grants to States or local as evidence, it is destroyed. With fed- times higher than the rate of the other units of government to conduct these eral assistance, more communities 25 industrialized nations combined. programs. would be empowered to voluntarily Firearm homicides are the second lead- A program may include a criminal help reduce the number of potentially ing cause of death for youth 15–24. Fire- background check regarding the owner- lethal firearms in their homes and on arm suicide is the third leading cause ship of each firearm or may offer am- their streets—helping to create safer of death in this age group. Handguns nesty from such background checks, homes and safer streets. account for nearly 70% of firearm sui- provided that the policy regarding Moreover, the Safe Homes-Safe cides among all age groups. Guns kept criminal background checks is uni- Streets Act would help communities in the home for self-protection are formly applied. Whenever any firearm increase awareness of gun violence and three times more likely to kill a friend is surrendered under this Act, State or gun possession; reduce the number of or a relative than an intruder. local units of government shall inquire accidents and domestic violence with The human cost of gun violence is whether such firearm is needed as evi- guns; reduce the availability of highly great. Saving families from senseless dence. If the surrendered gun is not lethal weapons in the short term; re- deaths caused by gun violence is long needed as evidence, it shall be de- duce the lethality of crimes com- over due. Reducing the number of guns stroyed —thus preventing the potential mitted; enhance community solidarity; in our homes and in our streets is es- recycling of guns and possible illegal enhance community-police relations; sential to curbing gun violence in this use. Any firearm that is a curio or relic and reduce the taxing medical cost of country. or that has historic significance shall gun-related injuries. The benefits of April 27, 2000 CONGRESSIONAL RECORD — SENATE S3027 the Safe Homes-Safe Streets Act—leg- government in accordance with this section, GAO, from Fiscal Year 1992 through islation facilitating a voluntary reduc- which shall be used to establish and imple- Fiscal Year 1998, appropriated mentor- tion of the number of guns in circula- ment Safe Homes–Safe Streets programs. protege funding of about $233 million (b) APPLICATIONS.—In order to be eligible tion—is clear. to receive a grant under this section, the was obligated through cooperative The Safe Homes-Safe Streets Act chief executive of a State or unit of local agreements, separate contracts, or line would help create safer homes and government shall submit to the Attorney items in DOD contracts. And, accord- safer streets for our families. Several General an application, in such form and ing to the Department of Defense, be- organizations, including Illinois Coun- containing such information as the Attorney tween 1994 and 1997 there was a net cil Against Hand Gun Violence, Physi- General may reasonably require. gain of 3,342 jobs within protege firms; cians for Social Responsibility, Illinois (c) DISTRIBUTION.—The Attorney General there was a net revenue gain in excess shall distribute grant amounts awarded Education Association, National Edu- of $276 million within the protege cation Association, The Bell Campaign, under this section directly to the recipient State or unit of local government. firms; and mentors reported an addi- and the American Public Health Asso- (d) RENEWAL.—A State or unit of local gov- tional $695 million in subcontract ciation, have already recognized the ernment shall be eligible to apply for and re- awards to small disadvantaged busi- need for legislation calling for a vol- ceive a grant under this section annually. nesses during this period. So, clearly, untary reduction of the number of fire- (e) MATCHING REQUIREMENT.— our legislation had a beneficial impact arms in circulation. (1) IN GENERAL.—Subject to paragraph (2), on the hundreds of small and disadvan- I urge my colleagues to join me and the Attorney General may not make a grant to a State or unit of local government under taged businesses that now have the op- Senator LAUTENBERG in taking steps to portunity to compete and win Defense cure the deadly epidemic of gun vio- this section unless that State or unit of local government agrees that, with respect to the contracts under this program. lence by supporting and cosponsoring costs to be incurred by the State or unit of Then, in 1994, we passed Public Law the Safe Homes-Safe Streets Act. local government in carrying out the Safe Mr. President, I ask unanimous con- 103–355, otherwise known as the Fed- Homes–Safe Streets program for which the eral Acquisition Streamlining Act of sent that the text of the bill be printed grant was awarded, the State will make 1994, which, among other provisions, in the RECORD. available (directly or through donations There being no objection, the bill was from public or private entities) non-Federal amended Section 15 of the Small Busi- ordered to be printed in the RECORD, as contributions in an amount equal to not less ness Act to establish a 5% annual goal follows: than 50 percent of such costs. for women-owned business enterprise S. 2482 (2) WAIVER.—The Attorney General may participation in federal prime con- waive the requirement of paragraph (1), in tracts and subcontracts. The Act also Be it enacted by the Senate and House of Rep- whole or in part, upon a finding of fiscal resentatives of the United States of America in amended Section 8 of the Small Busi- hardship on the part of a grant recipient. ness Act to give women-owned busi- Congress assembled, (f) REGULATIONS.—Not later than 90 days SECTION 1. SHORT TITLE. after the date of enactment of this Act, the nesses equal standing with small and This Act may be cited as the ‘‘Safe Homes– Attorney General shall promulgate regula- small disadvantaged businesses in the Safe Streets Act of 1999’’. tions to implement this section, which shall subcontracting plans of federal prime SEC. 2. PURPOSE. specify— contractors. The purpose of this Act is to reduce fire- (1) the information to be included in an ap- arm circulation by assisting State and local And, again, the results were signifi- plication for a grant under this section; and cant. In Fiscal Year 1997 the govern- law enforcement agencies in carrying out (2) the requirements that a State or unit of Safe Homes–Safe Streets programs. local government shall meet in submitting ment reported that women-owned busi- SEC. 3. DEFINITIONS. such an application. nesses received 2.5% ($5.6 billion) of the In this Act: SEC. 5. AUTHORIZATION OF APPROPRIATIONS. $225 billion prime and subcontract dol- (1) FIREARM.—The term ‘‘firearm’’ has the There is authorized to be appropriated to lars spent, up from 1.3% in Fiscal Year meaning given the term in section 921(a) of carry out this Act $15,000,000 for each fiscal 1991 when data by gender was first col- title 18, United States Code. year.∑ lected. And in the latest data from Fis- (2) SAFE HOMES–SAFE STREETS PROGRAM.— cal Year 1999, women-owned businesses The term ‘‘Safe Homes–Safe Streets pro- By Ms. SNOWE (for herself and gram’’ means a program carried out by a law accounted for 2.42% or $4.6 billion of Mr. WARNER): the total $190 billion federal contract enforcement agency of a State or unit of S. 2483. A bill to provide for the eligi- dollars. The percentage of Federal local government under which— bility of small business concerns owned (A) the law enforcement agency shall— agencies that awarded at least 5% of and controlled by women for assistance (i) accept the voluntary surrender of fire- their prime contract dollars to women- under the mentor-protege program of arms from individuals seeking to dispose of owned businesses was 37.9% in Fiscal the Department of Defense; to the them; Year 1997, up from 20.4% in Fiscal Year Committee on Armed Services. (ii) provide gift certificates or other goods 1987. in exchange for firearms; INCLUDE WOMEN-OWNED BUSINESSES IN THE DOD (iii) provide cash in exchange for firearms MENTOR-PROTEGE PROGRAM In Fiscal Year 1997 some 5,722 women- (in a value not to exceed 1⁄2 of the estimated Ms. SNOWE. Mr. President, I rise owned businesses were involved in cost of a new similar firearm); or today on behalf of myself and the 446,332 federal prime contract actions (iv) use any other innovative approach to Chairman of the Senate Armed Serv- amounting to $3.3 billion while another cause a voluntary reduction in the number of $2.3 billion was awarded to women- firearms in the State or local communities; ices Committee, Senator WARNER, to introduce a bill that will enhance an owned businesses in subcontract ac- (B) the law enforcement agency may con- tions. At that time, women-owned duct a criminal background check regarding already successful program and have a the ownership of each firearm surrendered or significant impact on women owned businesses comprised 8.3% of Federal may offer amnesty from such background businesses. The purpose of the Snowe- prime contractors, were involved in checks, to the extent that the policy regard- Warner bill is to include women-owned 4.1% of the prime contract actions and ing criminal background checks is uniformly businesses as eligible participants in received 2.1% of Federal prime con- applied; and the Department of Defense’s Mentor- tract awards. (C) upon the surrender of a firearm, the Why is this important? Women- law enforcement agency shall— Protege Program. (i) determine whether such firearm may In 1990, the Congress established the owned federal contractors own much potentially serve as evidence in any criminal DoD Mentor-Protege Pilot Program to more substantial enterprises than the investigation or prosecution; and provide incentives for major defense typical woman-owned firm. The aver- (ii) if the firearm is not needed as contractors to furnish disadvantaged age number of employees in women- evidence— small business concerns with assist- owned federal contractor firms was 52.2 (I) destroy the firearm; or ance. That act also established a par- compared to just 2.3 among all full- (II) if the firearm is a curio or relic or has ticipation goal of 5% for those small time women-owned firms. Women- historical significance, donate the firearm to disadvantaged businesses; however, owned firms involved in Federal pro- a State or local museum for display. women-owned businesses were not cov- curement have, on average, 1,742% SEC. 4. SAFE HOMES–SAFE STREETS PROGRAM GRANTS. ered under that legislation. higher sales and employ 23 times more (a) IN GENERAL.—The Attorney General The overall results of that legislation employees than the average woman- may award grants to States or units of local were impressive. According to the owned firm. S3028 CONGRESSIONAL RECORD — SENATE April 27, 2000 Despite the resounding success of in the Department of Defense (DOD) who arrived here in the late 1800s and these initiatives, I must ask the ques- mentor protege program. early 1900s. Like those who have pre- tion, ‘‘Are we there yet?’’ Not quite. Since 1990, the mentor protege pro- ceded them, our nation’s newest immi- Although all Executive Branch depart- gram has provided small disadvantaged grants have a strong desire to succeed ments operate Mentor-Protege pro- businesses increased opportunity to in their new found homeland. Our chal- grams, the three agencies, Defense, En- compete for federal contracts. The pro- lenge is to provide them with the sup- ergy, and GSA, that account for the gram accomplishes this by providing port and services they need to achieve most contract dollars have never met incentives to major defense contrac- to high standards in our schools—and the 5 percent goal. While Defense, the tors to assist qualified small business beyond—and in so doing we will all be largest federal purchaser, provided $2.3 to enhance their abilities to compete the beneficiaries. billion or 50% of all federal contracts as contractors on DOD contracts. The The wave of immigrants settling into going to women-owned businesses in mentor-protege program does not guar- communities all across America is re- Fiscal Year 1999, that amount rep- antee contracts to anyone. Instead, it sulting in a significant increase in chil- resented only 1.92% of total Defense is designed to equip participants with dren with diverse linguistic and cul- contracts. the knowledge and expertise that they tural backgrounds enrolling in our The other two agencies together pro- need to win such contracts on their schools. For example, the Waterloo, vided 16.4% of all federal contracts to own, in the competitive market place. Iowa school system is being challenged women-owned businesses in fiscal year The mentor protege program has to teach 400 Bosnian refugee children 1999 but, again, that funding only rep- been an important tool to help achieve who came here without knowing our resented 3.1% of their combined con- the goal—established by Congress in language, culture or customs. Schools tract funding. Of the three agencies, 1987—that DOD increase to five percent in Wausau, Wisconsin are filled with the GSA came closest to meeting the the total value of contracts and sub- Asian children wanting to achieve suc- 5% goal with 4.75% of its contract dol- contracts awarded to small disadvan- cess in the United States. In Dalton, lars going to women-owned firms. taged businesses. This has been a re- Georgia, 47% of the student population Some agencies, however, are doing markable success story. For the past in the public schools are Mexican chil- very well at meeting the 5% goal. six years, the DOD has exceeded this dren eager to participate in their new Housing and Urban Development sent 5% goal. schools and community. In Turner, 14.95% of its 1999 contracts to women- In 1994, a similar goal was set for the Maine, the school-aged children of hun- owned businesses, Veteran’s Affairs DOD to award five percent of its an- dreds of recently arrived Mexican im- sent 5.59%, and appropriately, the nual contracts to women-owned busi- migrant families are pouring into this Small Business Administration spent nesses. While women-owned business rural town’s schools. 15.29% of their contract dollars at participation in defense contracting As these examples illustrate, the for- women-owned firms. has increased since 1994, we are still, eign-born, school-aged children living Mr. President, women-owned busi- however, well below the 5% goal. It in our nation today constitute an in- nesses are capable of doing more and seems appropriate to provide DOD with creasingly significant portion of the they want to do more. Surveys indicate additional tools to assist in meeting population, not just in communities that when asked if the availability of this goal. Providing women-owned accustomed to large immigrant popu- mentor-protege programs would make businesses the opportunity to partici- lations like New York, Los Angeles and them more interested in entering the pate in the mentor protege program Miami, but also non-traditional immi- government procurement market, 33% will be a big step forward in expanding grant communities like Gainesville, of women business owners responded federal contracting opportunities for Georgia and Fremont County, Idaho. favorably. Similarly, 30% of women these businesses. According to recently released esti- with businesses more than 20 years old I want to thank Senator SNOWE for mates, this trend will continue. Ac- were among those most interested in her leadership on this issue and her cording to the U.S. Census Bureau, the taking part in a mentor-protege pro- work on behalf of women-owned busi- recently arrived immigrant and ref- gram. nesses around the country. I urge swift ugee populations living here today will When Section 831 of Public Law 101– passage of this legislation to enhance account for 75% of the total U.S. popu- 510 establishing the DoD Mentor-Pro- the opportunity for women-owned busi- lation growth over the next 50 years. tege Pilot Program to provide incen- nesses to compete for, and win, DOD U.S. schools from Florida to Wash- tives for major defense contractors to contracts. furnish disadvantaged small business ington State are being increasingly concerns with assistance was drafted, By Mr. CLELAND (for himself, challenged by these changing demo- it defined disadvantaged small business and Mr. COVERDELL): graphics. As Secretary of Education concerns as those owned and controlled S. 2484. A bill to ensure that immi- Richard Riley recently said, ‘‘dealing by socially and economically disadvan- grant students and their families re- with this kind of change requires cre- taged individuals, Indian tribes, Hawai- ceive the services that the students ative thinking and an eagerness to ians and those that employ the se- and families need to successfully par- adopt and to incorporate cultural and verely disabled. It did not specifically ticipated in elementary schools, sec- linguistic differences into the learning provide for the participation by ondary schools, and communities, in process.’’ women-owned businesses, those firms the United States, and for other pur- We need to make sure that these that are at least 51% owned and whose poses; to the Committee on Health, children are served appropriately—and management and daily business oper- Education, Labor, and Pensions. that their families are as well. Studies ations are controlled by one or more THE IMMIGRANTS TO NEW AMERICANS ACT have shown that where quality edu- women. ∑ Mr. CLELAND. Mr. President, there cational programs are joined with com- Mr. President, very simply, this bill are an estimated 2.3 million foreign- munity-based services, immigrants will correct that, and I, therefore, urge born school children living in the U.S. have an increased opportunity to be- my colleagues in the Senate to support today and more are arriving daily. This come an integral part of their commu- the passage of the Snowe-Warner bill is placing increasing demands on our nity and their children are better pre- that allows us to forge two pieces good nation’s schools and community orga- pared to achieve success in school. legislation into one better piece of leg- nizations to help these newly arrived The recent influx of immigrants into islation that benefits American busi- children and their families with becom- U.S. communities calls for innovative ness women and, by extension, Amer- ing successful in America’s schools and and comprehensive solutions. Today, I ica. communities. am joined by my distinguished col- Mr. WARNER. Mr. President, I rise These children began arriving here in league from Georgia, Senator PAUL today to join my colleague from Maine large numbers in the 1990s in a wave of COVERDELL, in introducing the Immi- as a sponsor of this very important immigration that is rivaling the first grants to New Americans Act. This leg- piece of legislation that would allow and second waves of German, Irish, islation would establish a competitive women-owned businesses to participate Polish and Scandinavian immigrants grant program within the Department April 27, 2000 CONGRESSIONAL RECORD — SENATE S3029 of Education to assist these school sys- ices to low-income, recently arrived There being no objection, the letters tems and communities that are experi- Mexican immigrant families and their were ordered to be printed in the encing a high number of immigrant preschool and elementary school chil- RECORD, as follows: families. Specifically, this new grant dren. The program focuses on increas- NATIONAL ASSOCIATION FOR program would provide funding to part- ing family involvement in their chil- BILINGUAL EDUCATION, nerships of local school districts and dren’s education, helping parents and Washington, DC, April 19, 2000. community-based organizations for the children with their literacy skills, and Hon. MAX CLELAND, development of model programs that offering English as a second language U.S. Senate, Senate Dirksen Building, assist immigrant children to achieve in course. Many of the instructional ac- Washington, DC. tivities for the parent’s classes are co- DEAR SENATOR CLELAND: On behalf of the U.S. schools and that provide services National Association for Bilingual Edu- like parenting skills to their families ordinated with the classroom teachers cation, I wish to commend you on your in- as well as access to comprehensive to ensure consistency with what is troduction of legislation to help ensure that community services, including health being taught to both the parent and immigrant students and their families will care, child care, job training and trans- their children. One focus of these class- receive the services that they require in our portation. es is to communicate what the children schools and communities. Senator COVERDELL and I have both are learning in their regular classes so America’s rapidly changing demographics seen first hand the benefits of one com- that parents can help their children at make it imperative that adequate services be home. available to our nation’s newcomers, so that munity’s program that brings togther they too will attain the American dream and teachers, community leaders and busi- The Exemplary Multicultural Prac- tices in Rural Education Program, or help make our country stronger. Your bill nesses in an innovative partnership to clearly recognizes the contributions that im- aid their linguistically and culturally EMPIRE, operates in the Yakima re- migrants have made to the United States diverse population. It is the Georgia gion of rural Central Washington over its history, and takes a definitive step Project and its mission is to assist im- State, an area with a diverse mix of forward in the spirit of empowerment migrant children from Mexico achieve ethnic groups, including Caucasians, through education and community-based to higher standards in Dalton, Geor- Hispanics, Native Americans, African collaboration. Americans, and Asian Americans. The NABE strongly believes that given the ap- gia’s public schools. program promotes positive race rela- propriate tools and support students will rise In recent years, the carpet and poul- to the highest of levels of achievement. Our try industries in Dalton and sur- tions and an appreciation for ethnic and cultural differences. It encourages endorsement of this forward-thinking legis- rounding Whitfield County experienced lation is a reaffirmation of this philosophy, the need for a larger workforce. The schools to develop learning environ- and we hope your colleagues in Congress will city’s visionary leaders encouraged ments where children of all back- grant it prompt approval. Mexican immigrants to settle into grounds can be successful in school and Once again, I commend you on the intro- the community. With support from duction of this important piece of legisla- their community to fill that need. The EMPIRE’s board of advisors, each tion, and I ask that you not hesitate to con- challenge has been in Dalton’s public school designs and carries out its own tact me at (202) 898–1829 if there is anything school system where Hispanic enroll- projects based on local resources and NABE can do to help your efforts in this re- ment went from being just 4 percent needs. Schools in which EMPIRE is ac- spect. ten years ago to over 47 percent today. Sincerely, tive plan a wide variety of programs To deal with this sizable increase, DELIA POMPA, Dalton and Whitfield County public and activities with emphasis on staff Executive Director. school administrators and business development, student awareness, par- ent involvement and improvement of leaders formed a public-private consor- NATIONAL COUNCIL OF LA RAZA, curriculum and instruction. Washington, DC, April 26, 2000. tium. This consortium, known as The The Immigrants to New Americans Senator MAX CLELAND, Georgia Project, initiated a teacher ex- Act is endorsed by the National Asso- Senate Dirksen Office Building, change program in 1996 with the Uni- ciation for Bilingual Education, The Washington, DC. versity of Monterrey in Mexico. Today, National Council of La Raza, the DEAR SENATOR CLELAND: The National Council of La Raza (NCLR) thanks you for seventeen Mexican teachers are help- League of United Latin American Citi- ing to bridge the language and culture your effort to facilitate and enhance the par- zens, the India Abroad Center for Polit- ticipation of immigrants in American soci- gap by serving as instructors, coun- ical Awareness, and the National Ko- selors and role models and providing ety. In particular, we would like to express rean American Service and Education our support for your legislation, the ‘‘Immi- Spanish language training to English- Consortium. grants to New Americans Act,’’ which would speaking students. In addition, Dalton I would like to close with the words provide education, adult English as a Second Public School teachers spend a month of Education Secretary Richard Riley: Language (ESL), job training, and other im- in Monterrey, Mexico, each year learn- ‘‘Regardless of the cultural diversity of portant services to immigrants in ‘‘emerg- ing first hand the culture, language our nation’s students, there is one uni- ing’’ communities. and customs of the Mexican students fying factor in their lives, education, Over the past decade, dramatic shifts have occurred in the immigrant population in the they serve. the primary and shared source of hope, There are other programs across the United States, particularly among Hispanic opportunity and success. It is our duty immigrants. Many Hispanic immigrants United States that address similar as a nation to ensure that every eth- have settled in areas where their presence challenges experienced by the City of nically diverse community has the op- had previously been virtually invisible. For Dalton and Whitfield County. One such portunity to achieve a quality edu- example, the U.S. Census Bureau determined example is the Lao Family Project. cation and the success that accom- that the South (Alabama, Arkansas, Geor- This is a community-based refugee as- panies it—just as we have done for gen- gia, Kentucky, Mississippi, North Carolina, sistance organization that provides a erations of Americans before them.’’ South Carolina, and Tennessee) experienced wide range of parent-student services Our nation’s communities are being a 93% increase in its Hispanic population to Hmong and Vietnamese refugees in from 1990 to 1998, far outpacing growth in transformed by the diverse culture of ‘‘traditional’’ Hispanic states like California, St. Paul, Minnesota in an effort to help their citizens. Successfully addressing New York, and Texas, where increases hov- parents become economically self-suffi- this change will require leadership, ered around 32%. While the U.S. Census Bu- cient and their children succeed in creative thinking and an eagerness to reau estimated the total Hispanic population school. The Lao Family Project’s staff encourage and promote the promise in the South in 1998 to be 640,870, unofficial are bilingual/bicultural paraprofes- that these new challenges bring. By estimates place the Hispanic population of sionals who provide services that in- doing so, we as a nation will better both Georgia and North Carolina at close to clude adult English as a second lan- serve all our children—the best guar- 500,000 in each state. Midwestern states have guage instruction and preschool lit- antee we have of ensuring America’s also experienced significant increases in their Hispanic populations during this pe- eracy activities for children. strength, well into the 21st century and riod, such as Iowa (74%), Minnesota (61%), In the rural communities of beyond. and Nebraska (96%). Many of these Hispanics Healdsburg and Windsor, California, Mr. President, I ask unanimous con- are immigrants in search of employment. the Even Start program provides a va- sent to print their letters of support in The emergence of new immigrant popu- riety of instructional and support serv- the RECORD. lations has created a significant need for S3030 CONGRESSIONAL RECORD — SENATE April 27, 2000 educational and social services. The search THE INDIA ABROAD CENTER ment policies for blocking or filtering for employment opportunities has histori- FOR POLITICAL AWARENESS, Internet access to matter inappro- cally been the primary impetus for the mi- Washington, DC, April 24, 2000. priate for minors, to require a study of gration of immigrants. An ever-increasing Hon. MAX CLELAND, available Internet blocking or filtering Dirksen Senate Building, U.S. Senate availability of permanent employment has software, and for other purposes. provided the opportunity for many immi- Washington, DC. grants to settle with their spouses and chil- DEAR SENATOR CLELAND: The India Abroad S. 1608 dren, often in areas where previously there Center for Political Awareness would like to At the request of Mr. WYDEN, the had been seasonal agricultural work avail- endorse your Immigrants to New Americans name of the Senator from Alaska (Mr. Act. We believe that this bill would provide able. However, these opportunities have MURKOWSKI) was added as a cosponsor a strong support mechanism to those in the largely been in unskilled or low-skilled, low- of S. 1608, a bill to provide annual pay- paying jobs, such as the textile, poultry, and United States that need it the most, our im- migrants. Also we would be glad to publish ments to the States and counties from construction industries in the South; meat- National Forest System lands managed and vegetable-packing in the Midwest; and your op-ed piece on this bill in the newspaper light manufacturing and service-sector work India Abroad which reaches nearly 250,000 by the Forest Service, and the revested in major cities like New York City, Los An- people in the United States. Thank you Oregon and California Railroad and re- geles, and Houston. As these new immigrant again for sponsoring this bill. conveyed Coos Bay Wagon Road grant Sincerely, populations form permanent settlements, lands managed predominately by the PREM SHUNMUGAVELU, they often face social isolation and dis- Bureau of Land Management, for use Associate.∑ connection from mainstream society. by the counties in which the lands are f Emerging immigrant communities face a situated for the benefit of the public multitude of issues in adapting to their new ADDITIONAL COSPONSORS schools, roads, emergency and other environment. Among the needs identified in S. 662 public purposes; to encourage and pro- these communities are access to rigorous vide new mechanisms for cooperation At the request of Mr. L. CHAFEE, the standards-based curriculum in the public names of the Senator from Texas (Mrs. between counties and the Forest Serv- schools, effective parental involvement in ice and the Bureau of Land Manage- HUTCHISON) and the Senator from Utah their children’s education, adult English-lan- ment to make necessary investments (Mr. BENNETT) were added as cospon- guage acquisition programs, quality child in Federal lands, and reaffirm the posi- care, and employment and training. Your sors of S. 662, a bill to amend title XIX legislation would help local communities to of the Social Security Act to provide tive connection between Federal Lands provide services in each of these critical medical assistance for certain women counties and Federal Lands; and for areas. screened and found to have breast or other purposes. NCLR believes that the ‘‘Immigrants to cervical cancer under a federally fund- S. 1617 New Americans Act’’ can have a significant, ed screening program. At the request of Mr. DEWINE, the positive impact on the lives of many immi- S. 664 name of the Senator from Indiana (Mr. grant children and families, and on the com- At the request of Mr. L. CHAFEE, the LUGAR) was added as a cosponsor of S. munities in which they are settling. That is name of the Senator from Maryland 1617, a bill to promote preservation and why we strongly support your legislation public awareness of the history of the and encourage the entire Congress to do the (Ms. MIKULSKI) was added as a cospon- sor of S. 664, a bill to amend the Inter- Underground Railroad by providing fi- same. nancial assistance, to the Freedom Sincerely, nal Revenue Code of 1986 to provide a RAUL YZAGUIRRE, credit against income tax to individ- Center in Cincinnati, Ohio. President. uals who rehabilitate historic homes or S. 1717 who are the first purchasers of reha- At the request of Mr. BOND, the name LEAGUE OF UNITED LATIN bilitated historic homes for use as a of the Senator from Maine (Ms. COL- AMERICAN CITIZENS, principal residence. LINS) was added as a cosponsor of S. Washington, DC, April 27, 2000. S. 914 1717, a bill to amend title XXI of the Hon. MAX CLELAND, At the request of Mr. SMITH, of New Social Security Act to provide for cov- Dirksen Senate Building, U.S. Senate erage of pregnancy-related assistance Washington, DC. Hampshire, the name of the Senator from Indiana (Mr. BAYH) was added as for targeted low-income pregnant DEAR SENATOR CLELAND: The League of a cosponsor of S. 914, a bill to amend women. United Latin American citizens (LULAC) the Federal Water Pollution Control S. 1941 wishes to thank you for your efforts at fa- cilitating and enhancing the ability of immi- Act to require that discharges from At the request of Mr. DODD, the name grant children and their families to achieve combined storm and sanitary sewers of the Senator from Alaska (Mr. STE- success in America’s schools and commu- conform to the Combined Sewer Over- VENS) was added as a cosponsor of S. nities. We would like to strongly support flow Control Policy of the Environ- 1941, a bill to amend the Federal Fire your legislation, ‘‘The Immigrants to New mental Protection Agency, and for Prevention and Control Act of 1974 to Americans Act.’’ other purposes. authorize the Director of the Federal We believe that this act will greatly en- S. 934 Emergency Management Agency to hance the ability for schools and commu- At the request of Mr. LEAHY, the provide assistance to fire departments nity-based services to develop model pro- name of the Senator from South Da- and fire prevention organizations for grams aimed at helping immigrant students kota (Mr. JOHNSON) was added as a co- the purpose of protecting the public and their families to receive the tools that sponsor of S. 934, a bill to enhance and firefighting personnel against fire they need to succeed. rights and protections for victims of and fire-related hazards. We find that this closely supports our mis- crime. S. 2018 sion and beliefs that immigrants should be S. 1155 At the request of Mrs. HUTCHISON, the supported in any way possible. LULAC is the oldest and largest Latino civil rights organi- At the request of Mr. ROBERTS, the name of the Senator from Kansas (Mr. zation in the United States. LULAC ad- name of the Senator from North Caro- BROWNBACK) was added as a cosponsor vances the economic condition, educational lina (Mr. HELMS) was added as a co- of S. 2018, a bill to amend title XVIII of attainment, political influence, health and sponsor of S. 1155, a bill to amend the the Social Security Act to revise the civil rights of Hispanic Americans through Federal Food, Drug, and Cosmetic Act update factor used in making payments community-based programs operating at to provide for uniform food safety to PPS hospitals under the medicare more than 700 LULAC Councils nationwide. warning notification requirements, and program. Once again, thank you for putting forth for other purposes. S. 2027 this effort to help those who need a little S. 1545 At the request of Mr. BAUCUS, his help getting started in this country. Your At the request of Mr. GRAMS, his name was added as a cosponsor of S. legislation will help to carry this country in a positive way well into the 21st century. name was added as a cosponsor of S. 2027, a bill to authorize the Secretary Sincerely, 1545, a bill to require schools and li- of the Army to design and construct a BRENT WILKES, braries receiving universal service as- warm water fish hatchery at Fort Peck Executive Director. sistance to install systems or imple- Lake, Montana April 27, 2000 CONGRESSIONAL RECORD — SENATE S3031 S. 2068 sponsors of S. 2311, a bill to revise and GRASSLEY) was added as a cosponsor of At the request of Mr. GREGG, the extend the Ryan White CARE Act pro- S. 2440, a bill to amend title 49, United names of the Senator from Utah (Mr. grams under title XXVI of the Public States Code, to improve airport secu- HATCH) and the Senator from Ten- Health Service Act, to improve access rity. nessee (Mr. FRIST) were added as co- to health care and the quality of health sponsors of S. 2068, a bill to prohibit care under such programs, and to pro- S. 2459 the Federal Communications Commis- vide for the development of increased At the request of Mr. COVERDELL, the sion from establishing rules author- capacity to provide health care and re- names of the Senator from Pennsyl- izing the operation of new, low power lated support services to individuals vania (Mr. SPECTER) and the Senator FM radio stations. and families with HIV disease, and for from Mississippi (Mr. COCHRAN) were S. 2105 other purposes. added as cosponsors of S. 2459, a bill to At the request of Mr. SANTORUM, his S. 2330 provide for the award of a gold medal name was added as a cosponsor of S. At the request of Mr. ROTH, the name on behalf of the Congress to former 2105, a bill to amend chapter 65 of title of the Senator from Minnesota (Mr. President Ronald Reagan and his wife 18, United States Code, to prohibit the GRAMS) was added as a cosponsor of S. Nancy Reagan in recognition of their unauthorized destruction, modifica- 2330, a bill to amend the Internal Rev- service to the Nation. tion, or alteration of product identi- enue Code of 1986 to repeal the excise S. CON. RES. 60 fication codes used in consumer prod- tax on telephone and other commu- uct recalls, for law enforcement, and nication services. At the request of Mr. FEINGOLD, the for other purposes. S. 2344 name of the Senator from New York S. 2123 At the request of Mr. BROWNBACK, the (Mr. SCHUMER) was added as a cospon- At the request of Ms. LANDRIEU, the name of the Senator from Texas (Mr. sor of S. Con. Res. 60, a concurrent res- name of the Senator from Georgia (Mr. GRAMM) was added as a cosponsor of S. olution expressing the sense of Con- CLELAND) was added as a cosponsor of 2344, a bill to amend the Internal Rev- gress that a commemorative postage S. 2123, a bill to provide Outer Conti- enue Code of 1986 to treat payments stamp should be issued in honor of the nental Shelf Impact assistance to State under the Conservation Reserve Pro- U.S.S. Wisconsin and all those who and local governments, to amend the gram as rentals from real estate. served aboard her. At the request of Mrs. MURRAY, her Land and Water Conservation Fund S. CON. RES. 107 Act of 1965, the Urban Park and Recre- name was added as a cosponsor of S. ation Recovery Act of 1978, and the 2344, supra. At the request of Mr. AKAKA, the Federal Aid in Wildlife Restoration Act S. 2417 names of the Senator from Illinois (Mr. (commonly referred to as the Pittman- At the request of Mr. CRAPO, the DURBIN) and the Senator from Cali- Robertson Act) to establish a fund to names of the Senator from Kansas (Mr. fornia (Mrs. FEINSTEIN) were added as meet the outdoor conservation and ROBERTS), the Senator from Oregon cosponsors of S. Con. Res. 107, a con- recreation needs of the American peo- (Mr. SMITH), the Senator from Texas current resolution expressing the sense ple, and for other purposes. (Mr. GRAMM), and the Senator from of the Congress concerning support for Minnesota (Mr. GRAMS) were added as S. 2235 the Sixth Nonproliferation Treaty Re- cosponsors of S. 2417, a bill to amend view Conference. At the request of Ms. COLLINS, the the Federal Water Pollution Control name of the Senator from Connecticut Act to increase funding for State S. RES. 247 (Mr. LIEBERMAN) was added as a co- nonpoint source pollution control pro- At the request of Mr. CAMPBELL, the sponsor of S. 2235, a bill to amend the grams, and for other purposes. names of the Senator from Alaska (Mr. Public Health Act to revise the per- S. 2420 STEVENS), the Senator from Florida formance standards and certification At the request of Mr. GRASSLEY, the (Mr. MACK), and the Senator from West process for organ procurement organi- name of the Senator from Maryland Virginia (Mr. BYRD) were added as co- zations. (Mr. SARBANES) was added as a cospon- sponsors of S. Res. 247, a resolution S. 2293 sor of S. 2420, a bill to amend title 5, commemorating and acknowledging At the request of Mr. SANTORUM, the United States Code, to provide for the the dedication and sacrifice made by names of the Senator from Arkansas establishment of a program under the men and women who have lost (Mr. HUTCHINSON) and the Senator from which long-term care insurance is their lives while serving as law en- Michigan (Mr. ABRAHAM) were added as made available to Federal employees, forcement officers. cosponsors of S. 2293, a bill to amend members of the uniformed services, the Federal Deposit Insurance Act and and civilian and military retirees, and S. RES. 292 the Federal Home Loan Bank Act to for other purposes. At the request of Mr. CLELAND, the provide for the payment of Financing S. 2429 name of the Senator from Maine (Ms. Corporation interest obligations from At the request of Mr. JEFFORDS, the SNOWE) was added as a cosponsor of S. balances in the deposit insurance funds name of the Senator from Vermont Res. 292, a resolution recognizing the in excess of an established ratio and, (Mr. LEAHY) was added as a cosponsor 20th century as the ‘‘Century of Women after such obligations are satisfied, to of S. 2429, a bill to amend the Energy in the United States.’’ provide for rebates to insured deposi- Conservation and Production Act to tory institutions of such excess re- make changes in the Weatherization S. RES. 296 serves. Assistance Program for Low-Income At the request of Mr. GRAHAM, the S. 2299 Persons. name of the Senator from Maine (Ms. At the request of Mr. L. CHAFEE, the S. 2434 SNOWE) was added as a cosponsor of S. names of the Senator from Texas (Mrs. At the request of Mr. L. CHAFEE, the Res. 296, a resolution designating the HUTCHISON) and the Senator from Cali- names of the Senator from Tennessee first Sunday in June of each calendar fornia (Mrs. BOXER) were added as co- (Mr. FRIST), the Senator from Min- year as ‘‘National Child’s Day.’’ sponsors of S. 2299, a bill to amend title nesota (Mr. WELLSTONE), and the Sen- AMENDMENT NO. 3097 XIX of the Social Security Act to con- ator from California (Mrs. FEINSTEIN) tinue State Medicaid disproportionate were added as cosponsors of S. 2434, a At the request of Mr. LEAHY, the share hospital (DSH) allotments for fis- bill to provide that amounts allotted to names of the Senator from Illinois (Mr. cal year 2001 at the levels for fiscal a State under section 2401 of the Social DURBIN), the Senator from New York year 2000. Security Act for each of fiscal years (Mr. SCHUMER), and the Senator from S. 2311 1998 and 1999 shall remain available South Dakota (Mr. JOHNSON) were At the request of Mr. JEFFORDS, the through fiscal year 2002. added as cosponsors of amendment No. names of the Senator from Virginia S. 2440 3097 intended to be proposed to S. 934, a (Mr. WARNER) and the Senator from In- At the request of Mrs. HUTCHISON, the bill to enhance rights and protections diana (Mr. LUGAR) were added as co- name of the Senator from Iowa (Mr. for victims of crime. S3032 CONGRESSIONAL RECORD — SENATE April 27, 2000 SENATE RESOLUTION 298—DESIG- (b) NAME CORRECTION.—Paragraph 5(b) of tional Exchange Club Foundation, and many NATING THE MONTH OF MAY rule XXXVII of the Standing Rules of the other organizations including the National EACH YEAR AS THE MONTH FOR Senate is amended by inserting ‘‘Select’’ be- Basketball Association which is sponsoring a CHILDREN fore ‘‘Committee on Ethics’’. series of ‘‘NBA Child Abuse Prevention (c) CROSS REFERENCE.—Paragraph 6(d) of Awareness Night 2000’’ events to generate Mr. ROBB (for himself and Mr. WAR- rule XLI of the Standing Rules of the Senate public awareness about the issue of child NER) submitted the following resolu- is amended by striking ‘‘11’’ and inserting abuse and neglect during National Child tion; which was referred to the Com- ‘‘12’’. Abuse Prevention Month 2000; mittee on the Judiciary: f Whereas a year 2000 survey by Prevent Child Abuse America shows that 1⁄2 of all S. RES. 298 SENATE RESOLUTION 300—DESIG- Americans believe child abuse and neglect is Whereas too often, our children suffer from NATING THE WEEK OF APRIL 23– the most important issue facing this country hunger and homelessness; 30, 2000, AS ‘‘NATIONAL SHAKEN compared to other public health issues; and Whereas the increase in crime in our BABY SYNDROME AWARENESS Whereas Congress strongly supports efforts schools hinders the educational development WEEK’’ to protect children from abuse and neglect: of our children; Now, therefore, be it Whereas all children should have food, Mr. WELLSTONE submitted the fol- Resolved, That the Senate designates the shelter, and health care, and should be af- lowing resolution; which was consid- week of April 23–30, 2000, as ‘‘National Shak- forded educational opportunity; ered and agreed to: en Baby Syndrome Awareness Week’’. Whereas all children should be protected S. RES. 300 f from abuse and neglect; and Whereas the period of childhood for too Whereas the month of April has been des- NOTICES OF HEARINGS many children is marked by hardship and de- ignated National Child Abuse Prevention Month, an annual tradition initiated by COMMITTEE ON INDIAN AFFAIRS spair: Now, therefore, be it Mr. CAMPBELL. Mr. President, I Resolved, That the Senate— former President Jimmy Carter in 1979; (1) designates the month of May each year Whereas the most recent government fig- would like to announce that the Com- as the Month for Children; ures show that over 1,000,000 children were mittee on Indian Affairs will meet dur- (2) encourages all Americans to commit victims of abuse and neglect in 1997, causing ing the session of the Senate on Tues- themselves to improving the lives and future unspeakable pain and suffering to our most day, May 2, 2000, at 10 a.m. to conduct of all children by serving as positive role vulnerable citizens; a hearing on S. 2350, Duchesne City models for the children of the United States Whereas among the children who are vic- tims of abuse and neglect, more than 3 chil- Water Rights Conveyance Act and S. and the world; and 2351, Shivwits Band of the Paiute In- (3) urges community leaders to publicly ac- dren die each day in this country; Whereas the rate of child fatalities has dian Tribe of Utah Water Rights Set- knowledge the significant contributions chil- risen by 37 percent between 1985 and 1997, dren make to society. tlement Act. The hearing will be held with children aged 3 and younger accounting in the committee room, 485 Russell Mr. ROBB. Mr. President, I rise to for 77 percent of the fatalities; Senate Building. offer a Senate resolution designating Whereas head trauma is the leading cause Those wishing additional information May each year as the Month for Chil- of death of abused children, including the trauma known as Shaken Baby Syndrome; may contact committee staff at 202/224– dren. Children are our nation’s future, 2251. and it is important that we recognize Whereas Shaken Baby Syndrome, which re- the significant contributions that chil- sults from a caregiver losing control and COMMITTEE ON RULES AND ADMINISTRATION shaking a baby usually less than 1 year of dren make to their homes, schools and Mr. MCCONNELL. Mr. President, I age, and can cause loss of vision, brain dam- wish to announce that the Committee communities. Unfortunately, we con- age, paralysis, seizures, or death, is a totally tinue to be plagued by school violence on Rules and Administration will meet preventable form of child abuse; at 9:30 a.m., Wednesday, May 3, 2000, in that is devastating our communities. Whereas an estimated 3,000 children are di- Furthermore, parents who are strug- agnosed with Shaken Baby Syndrome every room SR–301 Russell Senate Office gling to make ends meet find them- year, with thousands more misdiagnosed and Building, to receive testimony on po- selves with less time to commit to undetected; litical speech on the Internet. Whereas Shaken Baby Syndrome often re- For further information concerning their children. It is imperative that we sults in permanent, irreparable brain damage this meeting, please contact Hunter as a society rededicate ourselves to ex- or death to an infant, and more than Bates at the Rules Committee on 4– alting our children—supporting their $1,000,000 in medical costs in just the first 6352. efforts to succeed and providing posi- few years of life to care for a single, disabled f tive role-models for them today and in child; the future. We must show that we care Whereas the most effective solution to AUTHORITY FOR COMMITTEES TO for them, and in their honor, I submit ending Shaken Baby Syndrome is to prevent MEET this resolution. such abuse, and it is clear that the minimal costs of educational and prevention pro- COMMITTEE ON AGRICULTURE, NUTRITION, AND f grams may prevent the enormous medical FORESTRY and disability costs and untold grief for Mr. KYL. Mr. President, I ask unani- SENATE RESOLUTION 299—TO many families; mous consent that the Committee on MAKE TECHNICAL CORRECTIONS Whereas prevention programs have been Agriculture, Nutrition, and Forestry be TO THE STANDING RULES OF shown to raise awareness and provide criti- authorized to meet during the session THE SENATE cally important information about Shaken Baby Syndrome to parents, caregivers, day- of the Senate on Thursday, April 27, Mr. MCCONNELL (for himself and care workers, child protection employees, 2000, at 9 a.m., in SD–106, to conduct a Mr. DODD) submitted the following res- law enforcement personnel, health care pro- full committee hearing to consider the olution; which was considered and fessionals, and legal representatives; nomination of Michael V. Dunn to be a agreed to: Whereas prevention of Shaken Baby Syn- member of the Farm Credit Adminis- S. RES. 299 drome is supported by groups such as the tration Board, Farm Credit Adminis- Shaken Baby Alliance, an organization Resolved, tration, and to examine pending legis- which began with 3 mothers of children who lation on agriculture concentration of SECTION 1. DATE CHANGES. had been diagnosed with Shaken Baby Syn- Each of the recommended forms in para- drome, and whose mission is to educate the ownership and competitiveness. graph 3 of rule II of the Standing Rules of general public and professionals about Shak- The PRESIDING OFFICER. Without the Senate is amended by striking ‘‘19’’ each en Baby Syndrome and to increase support objection, it is so ordered. place it appears and inserting ‘‘20’’. for victims and victim families in the health COMMITTEE ON ENERGY AND NATURAL SEC. 2. CORRECTIONS. care and criminal justice systems; RESOURCES (a) INCORRECT ORDER.—Rule XXV of the Whereas child abuse prevention programs Mr. KYL. Mr. President, I ask unani- Standing Rules of the Senate is amended— and ‘‘National Shaken Baby Syndrome mous consent that the Committee on (1) in paragraph 1, by redesignating sub- Awareness Week’’ are supported by the Energy and Natural Resources be au- paragraphs (l) and (m) as subparagraphs (m) Shaken Baby Alliance, Children’s Defense and (l), respectively; and Fund, American Academy of Pediatrics, thorized to meet during the session of (2) in paragraph 2, by moving the item re- Child Welfare League of America, Prevent the Senate on Thursday, April 27 at 9:30 lating to the Committee on the Judiciary to Child Abuse America, Brain Injury Associa- a.m., to conduct a hearing. The com- the end of the list. tion, National Child Abuse Coalition, Na- mittee will receive testimony on S. 282, April 27, 2000 CONGRESSIONAL RECORD — SENATE S3033 the Transition to Competition in the of the Senate on Thursday, April 27 at part of a review of the ban that has Electric Industry Act; S. 516, the Elec- 2:30 p.m. to conduct a hearing. The sub- been in effect since 1981 on U.S. travel tric Utility Restructuring Empower- committee will receive testimony on to that nation. State Department offi- ment and Competitiveness Act of 1999; S. 1438, a bill to establish the National cials were in Libya for 26 hours, vis- S. 1047, the Comprehensive Electricity Law Enforcement Museum on Federal iting hotels and other sites. Based on Competition Act; S. 1284, the Electric land in the District of Columbia; the findings of this delegation, the Consumer Choice Act; S. 1273, the Fed- S. 1921, a bill to authorize the place- State Department is preparing a rec- eral Power Act Amendments of 1999; S. ment within the site of the Vietnam ommendation for the Secretary of 1369, the Clean Energy Act of 1999; S. Veterans Memorial of a plaque to State to help her determine whether 2071, Electric Reliability 2000 Act; and honor Vietnam veterans who died after there is still ‘‘imminent danger to . . . S. 2098, the Electric Power Market their service in the Vietnam war, but the physical safety of United States Competition and Reliability Act. as a direct result of their service; travelers,’’ as the law requires in order The PRESIDING OFFICER. Without S. 2231 and H.R. 2879, bills to provide to maintain the ban. objection, it is so ordered. for the placement at the Lincoln Me- Under the provisions of the travel COMMITTEE ON HEALTH, EDUCATION, LABOR, morial of a plaque commemorating the ban, American citizens can travel to AND PENSIONS speech of Martin Luther King, Jr., Libya only if they first obtain a license Mr. KYL. Mr. President, I ask unani- known as the ‘‘I Have a Dream’’ from the Department of the Treasury. mous consent that the Committee on speech; S. 2343, a bill to amend the Na- In addition, the State Department Health, Education, Labor, and Pen- tional Historic Preservation Act for must first validate a passport for trav- sions, Subcommittee on Employment, purposes of establishing a national el to Libya. Safety, and Training be authorized to lighthouse preservation program; The travel ban was imposed origi- meet for a hearing on The Ergonomics S. 2352, a bill to designate portions of nally for safety reasons and predates Rule: OSHA’s Interference with State the Wekiva River and associated tribu- the terrorist bombing of Pan Am Workers’ Compensation during the ses- taries as a component of the National Flight 103. But lifting the ban now, just sion of the Senate on Thursday, April Wild and Scenic Rivers System; as the two Libyan suspects are about 27, 2000 at 2:00 p.m. H.R. 1749, a bill to designate Wilson to go on trial in The Netherlands for The PRESIDING OFFICER. Without Creek in Avery and Caldwell Counties, their role in that atrocity, will un- objection, it is so ordered. North Carolina, as a component of the doubtedly be viewed as a gesture of National Wild and Scenic Rivers Sys- COMMITTEE ON THE JUDICIARY good will to Colonel Qadhafi. tem; and H.R. 3201, a bill to authorize Mr. KYL. Mr. President, I ask unani- After the State Department an- the Secretary of the Interior to study mous consent that the Committee on nounced that it would send this con- the suitability and feasibility of desig- the Judiciary be authorized to meet to sular team to Libya, a Saudi-owned nating the Carter G. Woodson Home in conduct a markup on Thursday, April daily paper quoted a senior Libyan offi- the District of Columbia as a National 27, 2000, at 10:00 a.m. The markup will cial as saying the one-day visit by the Historic Site, and for other purposes. take place in Dirksen Room 226. U.S. team was a ‘‘step in the right di- The PRESIDING OFFICER. Without rection.’’ The official said the visit was The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. a sign that ‘‘the international commu- SUBCOMMITTEE ON WESTERN HEMISPHERE, nity was convinced that Libya’s for- COMMITTEE ON THE JUDICIARY PEACE CORPS, NARCOTICS, AND TERRORISM eign policy position was not wrong and Mr. KYL. Mr. President, I ask unani- Mr. KYL. Mr. President, I ask unani- there is a noticeable improvement in mous consent that the Committee on mous consent that the Subcommittee Libya’s relations with the world.’’ the Judiciary be authorized to meet to on Western Hemisphere, Peace Corps, Libya’s Deputy Minister for Foreign conduct a hearing on Thursday, April Narcotics and Terrorism be authorized Affairs and International Cooperation 27, 2000, at 2 p.m., in SD226. to meet during the session of the Sen- said the visit demonstrated that the The PRESIDING OFFICER. Without ate on Thursday, April 27, 2000, at 9:30 Administration ‘‘has realized the im- objection, it is so ordered. a.m. to hold a hearing. portance of Libya’’ and that Libya SELECT COMMITTEE ON INTELLIGENCE The PRESIDING OFFICER. Without feels ‘‘the negative chapter in our rela- Mr. KYL. Mr. President, I ask unani- objection, it is so ordered. tions is over.’’ mous consent that the Select Com- f Libya’s Secretary for African Unity mittee on Intelligence be authorized to EXPRESSING THE SENSE OF THE told reporters that the visit to Libya meet during the session of the Senate SENATE REGARDING THE by U.S. officials was a welcome step on Thursday, April 27, 2000 at 2:30 p.m. UNITED STATES POLICY TO- and that ’’. . . we welcome the normal- to hold a closed mark-up on the FY01 WARD LIBYA ization between the two countries.’’ Intelligence Authorization Bill. The good will gesture was certainly Mr. SESSIONS. Mr. President, I ask The PRESIDING OFFICER. Without not lost on Colonel Qadhafi, who said unanimous consent that the Senate objection, it is so ordered. on April 4, when asked about a possible proceed to the immediate consider- SUBCOMMITTEE ON INTERNATIONAL TRADE AND warming of relations with the United FINANCE ation of Calendar No. 512, S. Res. 287. The PRESIDING OFFICER. The States: ‘‘I think America has reviewed Mr. KYL. Mr. President, I ask unani- clerk will report the resolution by its policy toward Libya and discovered mous consent that the Subcommittee title. that it is wrong . . . it is a good time on International Trade and Finance of The assistant legislative clerk read for America to change its policy to- the Committee on Banking, Housing, as follows: ward Libya.’’ and Urban Affairs be authorized to A resolution (S. Res. 287) expressing the I have been in contact with many of meet during the session of the Senate sense of the Senate regarding the United the families of the victims of Pan Am on Thursday, April 27, 2000, to conduct States policy toward Libya, and for other Flight 103, and they are extremely a hearing on ‘‘The International Mone- purposes. upset by the timing of this decision. tary Fund and International Financial There being no objection, the Senate They are united in their belief that the Institutions.’’ proceeded to consider the resolution. U.S. delegation should not have been The PRESIDING OFFICER. Without Mr. KENNEDY. Mr. President, I urge sent to Libya and that it would be a se- objection, it is so ordered. the Senate to approve this resolution, rious mistake to lift the travel ban be- SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC which Senator HELMS, Senator LAU- fore justice is served. The families PRESERVATION, AND RECREATION TENBERG and I submitted on the travel want to know why the Secretary of Mr. KYL. Mr. President, I ask unani- ban and other U.S. restrictions on con- State made this friendly overture to mous consent that the Subcommittee tacts with Libya. The resolution was Colonel Qadhafi just six weeks before on National Parks, Historic Preserva- approved on April 13 by the Senate the trial in the Netherlands begins. tion and Recreation of the Committee Foreign Relations Committee. They question how much information on Energy and Natural Resources be At the end of March, a team of State the State Department was able to ob- authorized to meet during the session Department officials visited Libya as tain by spending only 26 hours in S3034 CONGRESSIONAL RECORD — SENATE April 27, 2000 Libya. They wonder why the State De- the physical safety of United States (3) the travel ban and all other United partment could not continue to use the travelers continues. It calls on the Ad- States restrictions on Libya should not be same sources of information it has ministration to consult fully with the eased until all cases of American victims of been using for many years to make a U.S. Congress in considering policy to- Libyan terrorism have been resolved and the Government of Libya has cooperated fully in determination about the travel ban. ward Libya. It states that the travel bringing the perpetrators to justice. There is no reason to believe that the ban and all other U.S. restrictions on f situation in Libya has changed since Libya should not be eased until all November 1999, when the travel ban cases of American victims of Libyan JOHN H. CHAFEE ENVIRONMENTAL was last extended on the basis of immi- terrorism have been resolved and the EDUCATION ACT OF 1999 nent danger to American citizens. In- government of Libya has cooperated Mr. SESSIONS. Mr. President, I ask deed, in January 2000, President Clin- fully in bringing the perpetrators to unanimous consent that the Senate ton cited Libya’s support for terrorist justice. now proceed to the consideration of I urge my colleagues to approve this activities and its non-compliance with Calendar No. 515, S. 1946. UN Security Council Resolutions 731, resolution. Mr. SESSIONS. Mr. President, I ask The PRESIDING OFFICER. The 748, and 863 as actions and policies that clerk will report the bill by title. ‘‘pose a continuing unusual and ex- unanimous consent that the resolution and preamble be agreed to, en bloc, the The assistant legislative clerk read traordinary threat to the national se- as follows: curity and vital foreign policy interest motion to reconsider be laid upon the of the United States.’’ table, and that any statements relating A bill (S. 1946) to amend the National Envi- ronmental Act to redesignate the Act as the thereto be printed in the RECORD, with- These American families have waited ‘‘John H. Chafee Environmental Education for justice for eleven long years. They out intervening action. Act,’’ to establish the John H. Chafee Memo- felt betrayed by the decision to send The PRESIDING OFFICER. Without rial Fellowship Program, to extend programs the consular delegation to Libya. They objection, it is so ordered. under that Act, and for other purposes. The resolution (S. Res. 287) was have watched with dismay as our close There being no objection, the Senate ally, Great Britain, has moved to rees- agreed to. The preamble was agreed to. proceeded to consider the bill which tablish diplomatic relations with had been reported from the Committee Libya, before justice is served for the The resolution, with its preamble, reads as follows: on Environment and Public Works, British citizens killed in the terrorist with amendments, as follows: bombing. The State Department denies S. RES. 287 Whereas 270 people, including 189 Ameri- (The parts of the bill intended to be it, but the families are concerned that stricken are shown in boldface brack- the visit signals a change in U.S. pol- cans, were killed in the terrorist bombing of Pan Am Flight 103 over Lockerbie, Scotland ets and the parts of the bill intended to icy, undermines U.S. sanctions, and on December 21, 1988; be inserted are shown in italic.) calls into question the Administra- Whereas this bombing was one of the worst S. 1946 tion’s commitment to vigorously en- terrorist atrocities in American history; force the Iran Libya Sanctions Act. Whereas 2 Libyan suspects in the attack SECTION 1. SHORT TITLE. (a) THIS ACT.—This Act may be cited as the That Act requires the United States to are scheduled to go on trial in The Nether- lands on May 3, 2000; ‘‘John H. Chafee Environmental Education impose sanctions on foreign companies Whereas the United Nations Security Act of 1999’’. which invest more than $40 million in Council has required Libya to cooperate (b) NATIONAL ENVIRONMENTAL EDUCATION the Libyan petroleum industry, until throughout the trial, pay compensation to ACT.—Section 1(a) of the National Environ- Libya complies with the conditions the families if the suspects are found guilty, mental Education Act (20 U.S.C. 5501 note) is specified by the UN Security Council in and end support for international terrorism amended by striking ‘‘National Environ- its resolutions. before multilateral sanctions can be perma- mental Education Act’’ and inserting ‘‘John The bombing of Pan Am Flight 103, nently lifted; H. Chafee Environmental Education Act’’. in which 188 Americans were killed, Whereas Libya is accused in the 1986 La SEC. 2. OFFICE OF ENVIRONMENTAL EDUCATION. Belle discotheque bombing in Germany Section 4 of the John H. Chafee Environ- was one of the worst terrorist atroc- which resulted in the death of 2 United ities in American history. Other Amer- mental Education Act (20 U.S.C. 5503) is States servicemen; amended— ican citizens are waiting for justice in Whereas in March 1999, 6 Libyan intel- (1) in subsection (b)— other cases against Libya as well. ligence agents including Muammar Qadhafi’s (A) in paragraph (1), by inserting ‘‘bal- Libya is also accused in the 1986 La brother-in-law, were convicted in absentia by anced and scientifically sound’’ after ‘‘sup- Belle discotheque bombing in Ger- French courts for the bombing of UTA Flight port’’; many, which resulted in the deaths of 772 that resulted in the death of 171 people, (B) by striking paragraph (6); including 7 Americans; (C) by redesignating paragraphs (7) two United States servicemen. The Whereas restrictions on United States citi- through (13) as paragraphs (6) through (12), trial of five individuals implicated in zens’ travel to Libya, known informally as a respectively; and that attack began in December 1997 travel ban, have been in effect since Decem- (D) in paragraph (12) (as so redesignated), ber 11, 1981, as a result of ‘‘threats of hostile and is ongoing. In March 1999, six Liby- by inserting before the period at the end the acts against Americans’’ according to the an intelligence agents, including Colo- following: ‘‘through the headquarters and Department of State; nel Qadhafi’s brother-in-law, were con- the regional offices of the Agency’’; and Whereas on March 22, 4 United States victed in absentia by a French court (2) by striking subsection (c) and inserting State Department officials departed for the following: for the bombing of UTA Flight 772, Libya as part of a review of the travel ban; ‘‘(c) STAFF.—The Office of Environmental which resulted in the deaths of 171 peo- and ple, including seven Americans. A civil Whereas Libyan officials have interpreted Education shall— suit against Colonel Qadhafi based on the review as a positive signal from the ‘‘(1) include a headquarters staff of not United States, and according to a senior Lib- more than 10 full-time equivalent employees; that bombing is pending in France. and The State Department should not yan official ‘‘the international community was convinced that Libya’s foreign policy po- ‘‘(2) be supported by 1 full-time equivalent have sent a delegation to Libya now employee in each regional office of the Agen- and it should not lift the travel ban on sition was not wrong and there is a notice- able improvement in Libya’s relations with cy. Libya at this time. The Department’s the world’’: Now, therefore, be it ‘‘(d) ACTIVITIES.—The Administrator may long-standing case-by-case consider- Resolved, That it is the sense of the Senate carry out the activities described in sub- ation of passport requests for visits to that— section (b) directly or through awards of Libya by U.S. citizens has worked well. (1) Libya’s refusal to accept responsibility grants, cooperative agreements, or con- It can continue to do so for the foresee- for its role in terrorist attacks against tracts.’’. able future. United States citizens suggests that the im- SEC. 3. ENVIRONMENTAL EDUCATION GRANTS. The resolution the Senate is now minent danger to the physical safety of Section 6 of the John H. Chafee Environ- considering states the Sense of the United States travelers continues; mental Education Act (20 U.S.C. 5505) is (2) the President should consult fully with amended— Senate that Libya’s refusal to accept Congress in considering policy toward Libya, (1) in the second sentence of subsection (i), responsibility for its role in terrorist including disclosure of any assurances re- by striking ‘‘25 percent’’ and inserting ‘‘15 attacks against United States citizens ceived by the Qadhafi regime relative to the percent’’; and suggests that the imminent danger to judicial proceedings in The Hague; and (2) by adding at the end the following: April 27, 2000 CONGRESSIONAL RECORD — SENATE S3035

‘‘(j) LOBBYING ACTIVITIES.—A grant under ‘‘(g) DISTRIBUTION OF FUNDS.—The amount U.S.C. prec. 5501) is amended by striking the this section may not be used to support a of each John H. Chafee Fellowship shall be item relating to section 8 and inserting the lobbying activity (as described in the docu- provided directly to each recipient selected following: ments issued by the Office of Management by the Panel upon receipt of a certification ‘‘Sec. 8. National environmental education and Budget and designated as OMB Circulars from the recipient that the recipient will ad- awards.’’. No. A–21 and No. A–122). here to a specific and detailed plan of study SEC. 6. ENVIRONMENTAL EDUCATION ADVISORY ‘‘(k) GUIDANCE REVIEW.—Before the Admin- and research. COUNCIL AND TASK FORCE. istrator issues any guidance to grant appli- ‘‘(h) FUNDING.—From amounts made avail- Section 9 of the John H. Chafee Environ- cants, the guidance shall be reviewed and ap- able under øsection 11(b)(1)(D)¿ section mental Education Act (20 U.S.C. 5508) is proved by the Science Advisory Board of the 11(b)(1)(C) for each fiscal year, the øFounda- amended— Agency established by section 8 of the Envi- tion¿ Office of Environmental Education shall (1) in subsection (b)(2)— ronmental Research, Development, and Dem- make available— (A) by striking ‘‘(2) The’’ and all that fol- onstration Authorization Act of 1978 (42 ‘‘(1) $125,000 for John H. Chafee Memorial lows through the end of the second sentence U.S.C. 4365).’’. Fellowships; and and inserting the following: SEC. 4. JOHN H. CHAFEE MEMORIAL FELLOW- ‘‘(2) $25,000 to pay administrative expenses ‘‘(2) MEMBERSHIP.— SHIP PROGRAM. incurred in carrying out the John H. Chafee ‘‘(A) IN GENERAL.—The Advisory Council (a) IN GENERAL.—Section 7 of the John H. Memorial Fellowship Program.’’. shall consist of not more than 11 members Chafee Environmental Education Act (20 (b) DEFINITIONS.—Section 3 of the John H. appointed by the Administrator after con- U.S.C. 5506) is amended to read as follows: Chafee Environmental Education Act (20 sultation with the Secretary. ‘‘SEC. 7. JOHN H. CHAFEE MEMORIAL FELLOW- U.S.C. 5502) is amended— ‘‘(B) REPRESENTATIVES OF SECTORS.—To the SHIP PROGRAM. (1) in paragraph (12), by striking ‘‘and’’ at maximum extent practicable, the Adminis- ‘‘(a) ESTABLISHMENT.—There is established the end; trator shall appoint to the Advisory Council the John H. Chafee Memorial Fellowship (2) in paragraph (13), by striking the period at least 1 member to represent each of— Program for the award and administration of at the end and inserting a semicolon; and ‘‘(i) elementary schools and secondary 5 annual 1-year higher education fellowships (3) by adding at the end the following: schools; in environmental sciences, to be known as ‘‘(14) ‘Panel’ means the John H. Chafee Fel- ‘‘(ii) colleges and universities; ‘John H. Chafee Fellowships’. lowship Panel established under section 7(f); ‘‘(iii) not-for-profit organizations involved ‘‘(b) PURPOSE.—The purpose of the John H. ‘‘(15) ‘sponsoring institution’ means an in- in environmental education; Chafee Memorial Fellowship Program is to stitution of higher education (as defined in ‘‘(iv) State departments of education and stimulate innovative graduate level study section 101 of the Higher Education Act of natural resources; and the development of expertise in complex, 1965 (20 U.S.C. 1001));’’. ‘‘(v) business and industry; and relevant, and important environmental (c) CONFORMING AMENDMENT.—The table of ‘‘(vi) senior Americans.’’; issues and effective approaches to addressing contents in section 1(b) of the John H. (B) in the third sentence, by striking ‘‘A those issues through organized programs of Chafee Environmental Education Act (20 representative’’ and inserting the following: guided independent study and environmental U.S.C. prec. 5501) is amended by striking the ‘‘(C) REPRESENTATIVE OF THE SECRETARY.— research. item relating to section 7 and inserting the A representative’’; and ‘‘(c) AWARD.—Each John H. Chafee Fellow- following: ship shall— (C) in the last sentence, by striking ‘‘The ‘‘(1) be made available to individual can- ‘‘Sec. 7. John H. Chafee Memorial Fellow- conflict’’ and inserting the following: didates through a sponsoring institution and ship Program.’’. ‘‘(D) CONFLICTS OF INTEREST.—The con- in accordance with an annual competitive SEC. 5. NATIONAL ENVIRONMENTAL EDUCATION flict’’; selection process established under sub- AWARDS. (2) in subsection (c), by striking paragraph section (f)(3); and (a) IN GENERAL.—Section 8 of the John H. (2) and inserting the following: ‘‘(2) be in the amount of $25,000. Chafee Environmental Education Act (20 ‘‘(2) MEMBERSHIP.—Membership on the ‘‘(d) FOCUS.—Each John H. Chafee Fellow- U.S.C. 5507) is amended to read as follows: Task Force shall be open to representatives ship shall focus on— ‘‘SEC. 8. NATIONAL ENVIRONMENTAL EDUCATION of any Federal agency actively engaged in ‘‘(1) effective land and resource manage- AWARDS. environmental education.’’; and ment; ‘‘(a) PRESIDENT’S ENVIRONMENTAL YOUTH (3) in subsection (d), by striking ‘‘(d)(1)’’ ‘‘(2) innovative open space preservation; AWARDS.—The Administrator may establish and all that follows through ‘‘(2) The’’ and ‘‘(3) science associated with such world- a program for the granting and administra- inserting the following: wide issues as global climate change and sus- tion of awards, to be known as ‘President’s ‘‘(d) MEETINGS AND REPORTS.— tainable marine resources; or Environmental Youth Awards’, to young ‘‘(1) IN GENERAL.—The Advisory Council ‘‘(4) any other issue that a sponsoring in- people in grades kindergarten through 12 to shall— stitution determines to be appropriate. recognize outstanding projects to promote ‘‘(A) hold biennial meetings on timely ‘‘(e) SPONSORING INSTITUTIONS.—Each local environmental awareness. issues regarding environmental education; year— ‘‘(b) TEACHERS’ AWARDS.— and ‘‘(1) 2 John H. Chafee Fellowships shall be ‘‘(1) IN GENERAL.—The Chairman of the ‘‘(B) issue a report describing the pro- awarded by the University of Rhode Island; Council on Environmental Quality, on behalf ceedings of each meeting and recommenda- and of the President, may establish a program tions resulting from the meeting. ‘‘(2) 3 John H. Chafee Fellowships may be for the granting and administration of ‘‘(2) REVIEW AND COMMENT ON DRAFT RE- applied for through any other sponsoring in- awards to recognize— PORTS.—The’’. stitution. ‘‘(A) teachers in elementary schools and SEC. 7. NATIONAL ENVIRONMENTAL LEARNING ‘‘(f) PANEL.— secondary schools who demonstrate excel- FOUNDATION. ‘‘(1) IN GENERAL.—øThe Foundation¿ The lence in advancing environmental education (a) CHANGE IN NAME.— National Environmental Education Advisory through innovative approaches; and (1) IN GENERAL.—Section 10 of the John H. Council established by section 9(a) shall estab- ‘‘(B) the local educational agencies of the Chafee Environmental Education Act (20 lish and administer the John H. Chafee Fel- recognized teachers. U.S.C. 5509) is amended— lowship Panel. ‘‘(2) ELIGIBILITY.—One teacher, and the (A) by striking the section heading and in- ‘‘(2) MEMBERSHIP.—The Panel shall consist local education agency employing the teach- serting the following: of 5 members, appointed by a majority vote er, from each State, the District of Colum- ‘‘SEC. 10. NATIONAL ENVIRONMENTAL LEARNING of members of the National Environmental bia, and the Commonwealth of Puerto Rico, FOUNDATION.’’; Education Advisory øCouncil established by shall be eligible to be selected for an award and section 9(a),¿ Council, of whom— under this subsection.’’. (B) in the first sentence of subsection ‘‘(A) 2 members shall be professional edu- (b) DEFINITIONS.—Section 3 of the John H. (a)(1)(A), by striking ‘‘National Environ- cators in higher education; Chafee Environmental Education Act (20 mental Education and Training Foundation’’ ‘‘(B) 2 members shall be environmental sci- U.S.C. 5502) (as amended by section 4(b)) is and inserting ‘‘National Environmental entists; and amended by adding at the end the following: Learning Foundation’’. ‘‘(C) 1 member shall be a public environ- ‘‘(16) ‘elementary school’ has the meaning (2) CONFORMING AMENDMENTS.— mental policy analyst. given the term in section 14101 of the Ele- (A) The table of contents in section 1(b) of ‘‘(3) DUTIES.—The Panel shall— mentary and Secondary Education Act of the John H. Chafee Environmental Edu- ‘‘(A) establish criteria for a competitive se- 1965 (20 U.S.C. 8801); and cation Act (20 U.S.C. prec. 5501) is amended lection process for recipients of John H. ‘‘(17) ‘secondary school’ has the meaning by striking the item relating to section 10 Chafee Fellowships; given the term in section 14101 of the Ele- and inserting the following: ‘‘(B) receive applications for John H. mentary and Secondary Education Act of ‘‘Sec. 10. National Environmental Learning Chafee Fellowships; and 1965 (20 U.S.C. 8801).’’. Foundation.’’. ‘‘(C) annually review applications and se- (c) CONFORMING AMENDMENT.—The table of (B) Section 3 of the John H. Chafee Envi- lect recipients of John H. Chafee Fellow- contents in section 1(b) of the John H. ronmental Education Act (20 U.S.C. 5502) (as ships. Chafee Environmental Education Act (20 amended by section 4(b)) is amended— S3036 CONGRESSIONAL RECORD — SENATE April 27, 2000 (i) by striking paragraph (12) and inserting (b) CONFORMING AMENDMENT.—The table of mediately proceed to executive session the following: contents in section 1(b) of the John H. to consider the following military ‘‘(12) ‘Foundation’ means the National En- Chafee Environmental Education Act (20 nominations reported by the Armed vironmental Learning Foundation estab- U.S.C. prec. 5501) is amended by striking the Services Committee today: 484 through lished by section 10;’’; and item relating to section 11 and inserting the (ii) in paragraph (13), by striking ‘‘National following: 495, and all nominations on the Sec- Environmental Education and Training ‘‘Sec. 11. Authorization of appropriations.’’. retary’s desk in the Air Force, Army, Marine Corps, and Navy. Foundation’’ and inserting ‘‘Foundation’’. Mr. SESSIONS. I ask unanimous con- (C) Section 11(c) of the John H. Chafee En- I further ask unanimous consent that vironmental Education Act (20 U.S.C. 5510(c)) sent that the committee amendments the nominations be confirmed, the mo- is amended by striking ‘‘National Environ- be agreed to, the bill be read the third tions to reconsider be laid upon the mental Education and Training Foundation’’ time and passed, the motion to recon- table, any statements relating to the and inserting ‘‘Foundation’’. sider be laid upon the table, and that nominations be printed in the RECORD, (b) NUMBER OF DIRECTORS.—Section any statements relating to the bill be 10(b)(1)(A) of the John H. Chafee Environ- the President be immediately notified printed in the RECORD. of the Senate’s action, and the Senate mental Education Act (20 U.S.C. The PRESIDING OFFICER. Without 5509(b)(1)(A)) is amended in the first sentence then return to legislative session. by striking ‘‘13’’ and inserting ‘‘19’’. objection, it is so ordered. The PRESIDING OFFICER. Without The committee amendments were (c) ACKNOWLEDGMENT OF DONORS.—Section objection, it is so ordered. 10(d) of the John H. Chafee Environmental agreed to. The nominations were considered and Education Act (20 U.S.C. 5509(d)) is amended The bill (S. 1946) was read the third confirmed, as follows: by striking paragraph (3) and inserting the time and passed. following: f IN THE AIR FORCE ‘‘(3) ACKNOWLEDGMENT OF DONORS.—The The following named officer for appoint- Foundation may acknowledge receipt of do- MAKING TECHNICAL CORRECTIONS ment in the United States Air Force to the nations by means of a listing of the names of TO THE STANDING RULES OF grade indicated while assigned to a position donors in materials distributed by the Foun- THE SENATE of importance and responsibility under title dation, except that any such 10, U.S.C., section 601: Mr. SESSIONS. Mr. President, I ask acknowledgment— To be lieutenant general ‘‘(A) shall not appear in educational mate- unanimous consent that the Senate rial presented to students; and now proceed to the immediate consid- Lt. Gen. John L. Woodward, Jr., 3961 ‘‘(B) shall not identify a donor by means of eration of S. Res. 299, submitted earlier The following named officer for appoint- a logo, letterhead, or other corporate com- by Senator MCCONNELL and Senator ment in the United States Air Force to the grade indicated while assigned to a position mercial symbol, slogan, or product.’’. DODD. (d) ADMINISTRATIVE SERVICES AND SUP- of importance and responsibility under title The PRESIDING OFFICER. The PORT.—Section 10(e) of the John H. Chafee 10, U.S.C., section 601: clerk will report the resolution by Environmental Education Act (20 U.S.C. To be lieutenant general 5509(e)) is amended in the first sentence by title. Maj. Gen. Harry D. Raduege, Jr., 9435 striking ‘‘for a period of up to 4 years from The assistant legislative clerk read the date of enactment of this Act,’’. as follows: The following named officer for appoint- ment in the United States Air Force to the SEC. 8. AUTHORIZATION OF APPROPRIATIONS. A resolution (S. Res. 299) to make tech- grade indicated while assigned to a position (a) IN GENERAL.—Section 11 of the John H. nical corrections to the Standing Rules of of importance and responsibility under title Chafee Environmental Education Act (20 the Senate. U.S.C. 5510) is amended— 10, U.S.C., section 601: (1) by redesignating subsection (c) as sub- There being no objection, the Senate To be lieutenant general proceeded to consider the resolution. section (d); Maj. Gen. John R. Dallager, 9670 (2) by striking the section heading and sub- Mr. SESSIONS. Mr. President, I ask IN THE ARMY sections (a) and (b) and inserting the fol- unanimous consent that the resolution lowing: be agreed to and the motion to recon- The following named officer for appoint- ‘‘SEC. 11. AUTHORIZATION OF APPROPRIATIONS. sider be laid upon the table. ment in the United States Army to the grade indicated under title 10, U.S.C., section 624: ‘‘(a) IN GENERAL.—There is authorized to The PRESIDING OFFICER. Without be appropriated to the Environmental Pro- objection, it is so ordered. To be brigadier general, medical service corps tection Agency to carry out this Act The resolution (S. Res. 299) was Col. Richard L. Ursone, 5290 $10,000,000 for each of fiscal years 2000 IN THE MARINE CORPS through 2005. agreed to, as follows: ‘‘(b) LIMITATIONS.— S. RES. 299 The following named officer for appoint- ‘‘(1) IN GENERAL.—Subject to paragraph (2), Resolved, ment in the United States Marine Corps to of the amounts made available under sub- SECTION 1. DATE CHANGES. the grade indicated while assigned to a posi- section (a) for each fiscal year— Each of the recommended forms in para- tion of importance and responsibility under ‘‘(A) not more than 25 percent may be used graph 3 of rule II of the Standing Rules of title 10, U.S.C., section 601: for the activities of the Office of Environ- the Senate is amended by striking ‘‘19’’ each To be lieutenant general mental Education established under section place it appears and inserting ‘‘20’’. Lt. Gen. Raymond P. Ayres, Jr., 5986 4; SEC. 2. CORRECTIONS. ‘‘(B) not more than 25 percent may be used The following named officer for appoint- (a) INCORRECT ORDER.—Rule XXV of the ment in the United States Marine Corps to for the operation of the environmental edu- Standing Rules of the Senate is amended— cation and training program under section 5; the grade indicated while assigned to a posi- (1) in paragraph 1, by redesignating sub- tion of importance and responsibility under ‘‘(C) not less than 40 percent shall be used paragraphs (l) and (m) as subparagraphs (m) for environmental education grants under title 10, U.S.C., section 601: and (l), respectively; and To be lieutenant general section 6 and for the John H. Chafee Memorial (2) in paragraph 2, by moving the item re- Fellowship Program under section 7; and lating to the Committee on the Judiciary to Maj. Gen. Emil R. Bedard, 9035 ‘‘(D) 10 percent shall be used for the activi- the end of the list. The following named officer for appoint- ties of the Foundation under sections 7 and (b) NAME CORRECTION.—Paragraph 5(b) of ment in the United States Marine Corps to 10. rule XXXVII of the Standing Rules of the the grade indicated while assigned to a posi- ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the Senate is amended by inserting ‘‘Select’’ be- tion of importance and responsibility under amounts made available under paragraph fore ‘‘Committee on Ethics’’. title 10, U.S.C., section 601: (1)(A) for each fiscal year, not more than 25 (c) CROSS REFERENCE.—Paragraph 6(d) of To be lieutenant general percent may be used for administrative ex- rule XLI of the Standing Rules of the Senate Lt. Gen. Bruce B. Knutson, Jr., 7136 penses of the Office of Environmental Edu- is amended by striking ‘‘11’’ and inserting cation. ‘‘12’’. The following named officer for appoint- ‘‘(c) EXPENSE REPORT.—As soon as prac- f ment in the United States Marine Corps to ticable after the end of each fiscal year, the the grade indicated while assigned to a posi- Administrator shall submit to Congress a re- EXECUTIVE SESSION tion of importance and responsibility under port describing in detail the activities for title 10, U.S.C., section 601: which funds appropriated for the fiscal year To be lieutenant general were expended.’’; and EXECUTIVE CALENDAR (3) in subsection (d)(2) (as so redesignated), Maj. Gen. William L. Nyland, 8595 by striking ‘‘section 10(d) of this Act’’ and Mr. SESSIONS. Mr. President, I ask The following named officer for appoint- inserting ‘‘section 10(e)’’. unanimous consent that the Senate im- ment in the United States Marine Corps to April 27, 2000 CONGRESSIONAL RECORD — SENATE S3037 the grade indicated while assigned to a posi- ate and appeared in the Congressional Any votes that occur will be postponed tion of importance and responsibility under Record of April 4, 2000. to occur on Tuesday. title 10, U.S.C., section 601: Marine Corps nomination of Landon K. f To be lieutenant general Thorne, III, which was received by the Sen- Maj. Gen. Michael W. Hagee, 5620 ate and appeared in the Congressional UNANIMOUS CONSENT Record of April 4, 2000. AGREEMENT—S. 2 IN THE NAVY Marine Corps nominations beginning David The following named officer for appoint- R. Chevallier, and ending John K. Winzeler, Mr. SESSIONS. Mr. President, on be- ment as Deputy Judge Advocate General of which nominations were received by the Sen- half of the majority leader, I ask unan- the United States Navy in the grade indi- ate and appeared in the Congressional imous consent that the Senate begin cated under title 10, U.S.C., section 5149: Record of April 4, 2000. consideration of S. 2, the Elementary To be rear admiral IN THE NAVY and Secondary Education Reauthoriza- Capt. Michael F. Lohr, 1245 Navy nominations beginning Gerald L. tion Act, at 1 p.m. on Monday for de- The following named officer for appoint- Gray, and ending Linda M. Gardner, which bate only. ment as Judge Advocate General of the nominations were received by the Senate and The PRESIDING OFFICER. Without United States Navy under title 10, U.S.C., appeared in the Congressional Record of objection, it is so ordered. section 5148: April 4, 2000. f To be judge advocate general of the United Navy nomination of Leanne M. York- States Navy Slagle, which nominations were received by PROGRAM Rear Adm. Donald J. Guter, 0275 the Senate and appeared in the Congres- sional Record of March 30, 2000. Mr. SESSIONS. Mr. President, Mon- The following named officer for appoint- Navy nominations beginning James H. day morning, it is the intention of the ment in the United States Navy to the grade Fraser, and ending Dwayne K. Hopkins, majority leader to begin consideration indicated while assigned to a position of im- which nominations were received by the Sen- of S. 1608, the Secure Rural Schools portance and responsibility under title 10, ate and appeared in the Congressional U.S.C., section 601: and Community Self-Determination Record of March 30, 2000. Act, the Craig-Wyden bill, hopefully To be vice admiral Navy nominations beginning Coy M. under a time agreement currently Vice Adm. Edmund P. Giambastiani, Jr., 8318 Adams, Jr., and ending Michael A. Zurich, being negotiated. Following the dis- which nominations were received by the Sen- IN THE AIR FORCE position of that legislation, at 1 p.m., Air Force nominations beginning Marlene ate and appeared in the Congressional Record of April 4, 2000. the Senate will begin consideration of E. Abbott, and ending Brian P. Zurovetz, the Elementary and Secondary Edu- which nominations were received by the Sen- f ate and appeared in the Congressional cation Reauthorization Act. This legis- Record of March 30, 2000. LEGISLATIVE SESSION lation is very important for our chil- Air Force nomination of David S. Wood, The PRESIDING OFFICER. The Sen- dren’s education, and it is expected which was received by the Senate and ap- ate will now return to legislative ses- that many Senators will desire to peared in the Congressional Record of April sion. speak on general debate. Vigorous de- 4, 2000. bate is anticipated and therefore the Air Force nominations beginning Robert F. f bill will consume most of next week. Byrd, and ending John B. Steele, which nominations were received by the Senate and ORDERS FOR MONDAY, MAY 1, 2000 f appeared in the Congressional Record of Mr. SESSIONS. Mr. President, on be- ORDER FOR ADJOURNMMENT April 11, 2000. half of the majority leader, I ask unan- IN THE ARMY Mr. SESSIONS. Mr. President, if imous consent that when the Senate there is no further business to come be- Army nominations beginning Robert B. completes its business today, it ad- Abernathy, Jr., and ending X4568, which fore the Senate, I ask that the Senate journ until the hour of 10 a.m. on Mon- stand in adjournment under the pre- nominations were received by the Senate and day, May 1. I further ask unanimous appeared in the Congressional Record of Feb- vious order following the remarks of consent that on Monday, immediately ruary 2, 2000. the following Members: Senators FEIN- following the prayer, the Journal of Army nominations beginning Harold T. STEIN, LAUTENBERG, FEINGOLD, and proceedings be approved to date, the Carlson, and ending Jeffrey M. Young, which WELLSTONE. nominations were received by the Senate and morning hour be deemed to have ex- Mr. FEINGOLD. Mr. President, I be- appeared in the Congressional Record of Feb- pired, the time for the two leaders be lieve under the previous order I will ruary 7, 2000. reserved for their use later in the day, speak for 5 minutes, Senator FEINSTEIN Army nominations beginning Robert V. and the Senate begin a period for Loring, and ending Jeffrey D. Watters, which will have 15 minutes, and then Senator morning business with Senators speak- nominations were received by the Senate and WELLSTONE will be recognized. appeared in the Congressional Record of ing therein for up to 5 minutes each The PRESIDING OFFICER. Without March 30, 2000. until the hour of 10:30 a.m. objection, it is so ordered. Army nominations beginning Willie D. The PRESIDING OFFICER. Without The Senator from Wisconsin. Davenport, and ending William P. Troy, objection, it is so ordered. which nominations were received by the Sen- f f ate and appeared in the Congressional AFRICAN GROWTH AND Record of March 30, 2000. MOTION TO PROCEED OPPORTUNITY ACT Army nominations beginning * Thomas N. WITHDRAWN—S.J. RES. 3 Auble, and ending * Robert A. Yoh, which Mr. FEINGOLD. Mr. President, I am nominations were received by the Senate and Mr. SESSIONS. Mr. President, I ask delighted to be here, along with the appeared in the Congressional Record of unanimous consent that the motion to Senator from California, who I believe March 30, 2000. proceed to S.J. Res. 3 now be with- is one of the most determined and ef- Army nominations beginning Richard A. drawn. fective Members of the Senate, to talk Keller, and ending * Wendy L. Harter, which The PRESIDING OFFICER. Without nominations were received by the Senate and about a very important matter. appeared in the Congressional Record of objection, it is so ordered. Last year, when this Senate was de- April 4, 2000. f bating the African Growth and Oppor- Army nominations beginning James M. tunity Act, Senator FEINSTEIN and I of- Brown, and ending Thomas E. Stokes, Jr., ORDER OF BUSINESS fered an amendment to that legisla- which nominations were received by the Sen- Mr. SESSIONS. Mr. President, on be- tion, which was accepted by the bill’s ate and appeared in the Congressional half of the majority leader, I announce managers Senators ROTH and MOY- Record of April 11, 2000. that it will be the majority leader’s in- NIHAN, to address to critically impor- IN THE MARINE CORPS tention to turn to S. 1608, the Craig- tant issue—an issue relating to Africa’s Marine Corps nomination of J.E. Wyden timber bill, at 10:30 a.m. on devastating AIDS crisis; an issue that Christiansen, which was received by the Sen- ate and appeared in the Congressional Monday. It is the leader’s hope that the has cast a dark shadow on US-African Record of April 4, 2000. bill can be concluded in a couple of relations in the past. Marine Corps nomination of Clifton J. hours on Monday. However, no votes Our amendment was simple—and I McCullough, which was received by the Sen- will occur during Monday’s session. want to clarify this point, because S3038 CONGRESSIONAL RECORD — SENATE April 27, 2000 there has been some misleading char- colleagues to oppose this measure—ex- cent, compared with a 1.1-percent in- acterizations of it in print recently. It cept perhaps for pharmaceutical com- fection rate worldwide. In some coun- prohibited any agent of the United panies, companies that know they tries of southern Africa, 20 percent to States Government from pressuring Af- would not lose customers in Africa, as 30 percent of the entire adult popu- rican countries to revoke or change Africans simply cannot afford their lation is infected. AIDS has cut life ex- laws aimed at increasing access to HIV/ prices, but fear that this measure pectancy by 4 years in Nigeria, 18 years AIDS drugs, so long as the laws in would somehow, somewhere down the in Kenya, and 26 years in Zimbabwe. question adhered to existing inter- road, affect their bottom line. Imagine, AIDS cutting life expectancy national regulations governing trade. The bottom line in Africa is that by 26 years. That is the case in Quite simply, our amendment told the AIDS represents that worst infectious Zimbabwe today. executive branch to stop twisting the disease catastrophe since the bubonic AIDS is devastating Africa. It is af- arms of African countries that are plague. The bottom line is that this is fecting infant and child mortality using legal means to improve access to a modest measure and it is the right rates, reversing the declines that have HIV/AIDS pharmaceuticals for their thing to do. I along with the Senator been occurring in many countries dur- people. from California, urge the conferees to ing the 1970s and 1980s. Over 30 percent The Agreement on Trade Related As- support it. of all children born to HIV-infected pects of Intellectual Property Rights, Mr. President, I yield the floor. mothers in sub-Saharan Africa will or TRIPS, allows for compulsory li- The PRESIDING OFFICER (Mr. themselves become HIV infected. censing in cases of national emergency. SMITH of Oregon). The Senator from There are many explanations why HIV/AIDS kills 5,500 Africans every California. this pandemic is sweeping across sub- day. Approximately 13 million African Mrs. FEINSTEIN. Mr. President, I Saharan Africa. Certainly, the region’s lives have been lost since the onset of thank my cosponsor, the distinguished poverty, which has deprived Africans of the crisis. According to the Rockefeller Senator from Wisconsin, for those access to health information, health Foundation’s recent report, ‘‘on statis- words. I want him to know, I want the education, and health care. Cultural tics alone, young people from the most Senate to know, and I want the House and behavioral patterns have led to affected countries in Africa are more to know how important this amend- sub-Saharan Africa being the only re- likely than not to perish of AIDS.’’ ment is. It is so important that both of gion in which women are infected with In contrast to this incredible crisis, us are willing to filibuster a conference HIV at a higher rate than men. Clearly, is a very modest amendment. This year report. I think it is only fair to send there needs to be considerable empha- a number of our colleagues have of- that signal loudly and clearly. sis addressing the health care infra- The reason I do so is because I was fered very ambitious proposals—many structure of Africa. There must also be the mayor of the first city with AIDS. of which I support—aimed at address- additional resources for education. I spent 9 years as mayor understanding ing the AIDS crisis in Africa because If the international community is to what AIDS can do and how it can they have been moved by the severity be successful, we must also make every spread and understanding the impor- effort to get appropriate medicine into of the crisis, by the scope of the devas- tance not only of prevention of AIDS, the hands of those in need. For too tation, by the human tragedy of mil- which is all important, but also of many years, there were no effective lions lost to disease and a generation of being able to treat an AIDS-infected drugs that could be used to combat orphans left in their wake. The Senate population adequately. HIV/AIDS. Now, thanks to recent med- Foreign Relations Committee recently Let me say something about the ical research, we do have effective med- reported out legislation combining AIDS pandemic now sweeping across icine. For example, some recent pilot many of these efforts in one integrated sub-Saharan Africa. Sub-Saharan Afri- projects have had success in reducing plan to get serious about this crisis. ca has been far more severely effected mother-to-child transmission by ad- Time and again, Members of this Sen- by AIDS than any other part of the ministering the anti-HIV drug AZT, or ate on a bipartisan basis have stepped world. The bottom line of all of this is, a less expensive medicine, Nevirapne, forward to implore their colleagues to there will not be an Africa left for an NVP, during birth and early childhood. do more to help. African trade initiative unless this As a matter of fact, four pills can pre- What is ironic is that this amend- amendment is part of that initiative. vent, in many cases, the transmission ment was far less ambitious. It simply The United Nations reports that 23.3 of HIV from a mother to an unborn took a step toward requiring the million—not thousand, million—adults child. United States to do no harm. Yet the and children are infected with the HIV Unfortunately, and inexplicably in conferees working on the African virus in Africa. Africa has about 10 per- my view, access for poor Africans to Growth and Opportunity Act are resist- cent of the world’s population, but it costly combinations of AIDS medica- ing this measure every step of the way. has 70 percent of the total number of tions, including antiretrovirals, is per- I find the resistance to this measure infected people in the world. haps the most contentious issue sur- baffling. They try to skirt the issue, Worldwide, about 5.6 million new in- rounding the response to the African pointing out that prevention programs, fections will occur this year, with an pandemic. I happen to believe we have not access to drugs, are the most im- estimated 3.8 million in sub-Saharan a very strong moral obligation to try portant element in the fight against Africa alone. Every single day, 11,000 to save lives when the medications for AIDS. people are infected in sub-Saharan Af- doing so actually exist. There are sev- I couldn’t agree more. But why does rica. That is 1 every 8 seconds. eral things the United States could do the fact that the Feinstein-Feingold All told, over 34 million people in Af- to increase access to life-saving drugs. amendment addresses only one small rica—the population of California— First, we can work with others in the piece of the puzzle prevent us from have been infected with HIV since the international community to provide making it law? Why on earth should we pandemic began. An estimated 13.7 mil- support to make these drugs affordable forgo an opportunity to do no harm lion Africans have lost their lives to and to strengthen African health care even as we strive to form a broader AIDS, including 2.2 million who died in systems so that drug therapies can be plan of action to do some good? How 1998. It is enormous, and it is hidden administered. can anyone justify pressuring these because of the cultural taboos that sur- Second, we should not prevent Afri- countries, where in some cases life round it. can Governments and donor agencies expectancies have dropped by more Each day, AIDS buries 5,500 men, from achieving reductions in the cost than fifteen years, not to use all legal women, and children. By 2005, if poli- of antiretrovirals through negotiated means at their disposal to care for cies do not change, the daily death toll agreements with drug manufacturers. their citizens? I simply cannot under- will reach 13,000—double what it is The British pharmaceutical firm, stand it; I cannot imagine that ordi- now—with nearly 5 million AIDS Glaxo Wellcome, a major producer of nary Americans are urging their rep- deaths in 2005 alone, in sub-Saharan Af- antiretrovirals, has already stated it is resentatives to oppose the Feinstein- rica. committed to differential pricing Feingold amendment. I cannot imagine The overall rate of infection among which would lower the cost of AIDS that anyone would prevail upon my adults in sub-Saharan Africa is 8 per- drugs in Africa. April 27, 2000 CONGRESSIONAL RECORD — SENATE S3039 Third, I strongly believe the United By itself, the amendment is not holding the patents on these drugs States must not oppose parallel im- going to solve the problems of AIDS in would receive royalties. porting and compulsory licensing by Africa. Opponents of the amendment I was very pleased to work with the African Governments, to lower the suggest that because it doesn’t address managers of this bill, when the African price of patented medications so that the entire HIV/AIDS problem, it should Growth and Opportunity Act was on HIV/AIDS drugs are more affordable be removed from the bill. They argue the floor of the Senate last November, and more people in Africa will have ac- that because the health care infra- to modify my amendments to meet cess to them. That is what the amend- structure is weak, allowing parallel some of their concerns and to have ment that Senator FEINGOLD and I of- importing and compulsory licensing their support in seeing it included in fered would do. will not get the drugs to the people the final Senate-passed version of this Through parallel importing, patented who need them. bill. pharmaceuticals could be purchased That misses the point. Although it is I have been happy to work with from the cheapest source, rather than true we need to strengthen infrastruc- them. My staff has worked with their from the manufacturer. Under compul- ture, and my amendment contains lan- staff over the past several months to sory licensing, an African Government guage urging additional efforts in this try to meet some additional concerns could order a local firm to produce a area, that was never the purpose or in- which have subsequently been voiced. drug and pay a negotiated royalty to tent of the amendment. Its purpose and But, frankly, my patience is wearing the patent holder. Both parallel im- intent was to address this one specific very thin. The pharmaceutical compa- ports and compulsory licensing are per- issue, this one small piece of the puz- nies that are opposed to this amend- mitted under the World Trade Organi- zle, and in so doing, provide some ment, opposed because they want to zation agreement for countries facing measure of relief to the millions and squeeze every last drop of profit from health emergencies. This is a health millions of people now suffering from the suffering of the millions of HIV/ emergency. Without compulsory li- AIDS in sub-Saharan Africa. AIDS victims in sub-Sarahan Africa. censing and parallel importing, which Let me provide one example of why They have shown no willingness to would allow access to cheaper generic the approach adopted by this amend- compromise, no willingness to enter drugs, more people in sub-Saharan Af- ment, admittedly one small part of a into good-faith negotiations. rica will suffer and die needlessly. larger effort, is necessary. On March 14 I am more than willing to see addi- For my colleagues who may be con- of this year, Doctors Without Borders, tional clarifying language added to this cerned that this amendment may un- the medical relief group that won the amendment in conference. I believe dermine wider intellectual property Nobel Prize last year, sent a letter to strongly that the core of the amend- rights, an accusation that those op- Pfizer calling on Pfizer to lower the ment must remain and that efforts to posed to this amendment—and let me price of fluconazole, a drug needed to either remove this amendment or to be frank, the pharmaceutical indus- treat cryptococcal meningitis, the gut it are both inexplicable and rep- try—is making, they are incorrect. most common systematic functional rehensible, and I am determined not to This amendment reaffirms the World infection in HIV-positive people in de- let this happen. Trade Organization’s TRIPS agree- veloping countries. As the Doctors It is clearly in the interests of the ments which is the legal standard for Without Borders letter notes, in Thai- United States to prevent the further intellectual property rights. TRIPS land, fluconazole is available for just spread of HIV/AIDS in Africa. I believe does not prohibit parallel importing $1.20 for a daily dose. Yet in Kenya and my amendment is a necessary part to and compulsory licensing during health South Africa, the daily dose costs the Africa Growth and Opportunity Act emergencies. That is fully consistent $17.84. It is 15 times higher in Africa if we are to continue to assist the with current U.S. policy on intellectual than in Thailand. That is unconscion- countries of this region in halting the property rights. In other words, despite able. So, what accounts for the dif- number of premature deaths from what some pharmaceutical companies ference? In Thailand, a generic version AIDS. have been saying behind closed doors is available. In Kenya and South Afri- Antiretroviral drugs can work to im- about this amendment, the amendment ca, the only supplier is Pfizer. prove the quality and length of life. does not weaken intellectual property As Bernard Pecoul, director of Doc- The United States has the power to rights protection one iota. It keeps the tors Without Borders Access to Essen- make these lifesaving drugs more af- bar exactly where it is now. tial Medicines Campaigns, has noted: fordable and more accessible to Afri- The World Trade Organization and People are dying because the price of the cans. We should not turn our backs, U.S. commitments on intellectual drug that can save them is too high. and the greed of the pharmaceutical in- property protection allows countries As the March 14 Doctors Without dustry should not stop us. flexibility in addressing public health Borders letter notes: I am absolutely determined that if a concerns. The compulsory licensing While we appreciate that patents can be an conference report comes to this floor process under this amendment is fully important motor of research and develop- without this amendment, Senator consistent with the WTO’s approach to ment funding, there must be a balance to en- FEINGOLD and I, and I hope others, will balancing the protection of intellectual sure that people in developing countries have join together and filibuster this report. property, with a moral obligation to access to lifesaving medicines. I thank the Chair. I yield the floor. meet public health emergencies such as That is the purpose of my amend- The PRESIDING OFFICER. The Sen- the HIV/AIDS pandemic in Africa. In ment, and I am deadly serious about it. ator from Minnesota. other words, this amendment is con- I am pleased to note that, under pres- Mr. WELLSTONE. Mr. President, sistent with international trade law. sure from Doctors Without Borders, first of all, let me say to the Senator The amendment does not create new Pfizer has now agreed to lower the from California I really appreciate her policy or a new approach on intellec- prices of fluconazole. This situation work. I not only heard what she said tual property rights under TRIPS, nor never should have existed to begin but I feel what she said and I would does it require intellectual property with. Ironically, the pharmaceutical like to be counted as a supporter. If she rights to be rolled back or weakened. companies would profit more from this needs to do the filibuster, I know how All it asks is that in approaching HIV/ amendment than they do right now. to do that. I will be out here with her. AIDS in Africa, U.S. policy on compul- Presently, most sub-Saharan African Mrs. FEINSTEIN. I thank my col- sory licensing and parallel importing countries are not buying these drugs league. We will count on him. remain consistent with what is accept- because they can’t afford the price tag. f ed under international trade law. By So the pharmaceutical companies are doing so, the amendment will allow not earning any money at all on these NATIONAL SHAKEN BABY countries of sub-Saharan Africa to con- drugs. But if sub-Saharan African SYNDROME AWARENESS WEEK tinue to determine the availability of countries produced HIV/AIDS drugs Mr. WELLSTONE. I ask unanimous HIV/AIDS pharmaceuticals in their through compulsory licensing or pur- consent that the Senate proceed to the countries and provide their people with chased them through parallel import- immediate consideration of S. Res. 300, affordable HIV drugs. ing, the pharmaceutical companies introduced earlier today by myself. S3040 CONGRESSIONAL RECORD — SENATE April 27, 2000 The PRESIDING OFFICER. The head trauma, including the trauma of Kim Kang, whose daughter Rachel clerk will report the resolution by known as Shaken Baby Syndrome was diagnosed in 1995 with Shaken title. (SBS). Baby Syndrome, after being violently The legislative clerk read as follows: Shaken Baby Syndrome results from shaken by a day care provider. My A resolution (S. Res. 300) designating the a caregiver losing control and shaking heart goes out to her family, and to all week of April 23–30, 2000, as ‘‘National Shak- a baby, usually an infant who is less of the families who deal with the re- en Baby Syndrome Awareness Week.’’ than 1 year old. This severe shaking sults of Shaken Baby Syndrome and all There being no objection, the Senate can kill the baby, or it can cause loss other forms of child abuse and neglect. proceeded to consider the resolution. of vision, brain damage, paralysis, and Child abuse and neglect is a scourge on Mr. WELLSTONE. Mr. President, I seizures, resulting in lifelong disabil- our country, and we must do more to rise today to introduce a resolution ities. This totally preventable form of prevent the damage done to our chil- that I will soon send to the desk to pro- child abuse causes untold grief for dren, our families, and our society as a claim April 23–30, 2000, as ‘‘Shaken many families whose child dies, or is result of child abuse, and to help those Baby Syndrome Awareness Week’’, and left with permanent, irreparable brain who suffer its consequences. to recognize the many groups, particu- damage. The care for the child’s result- Shaken Baby Syndrome Awareness larly the Shaken Baby Alliance, who ing disability is estimated at more Week is supported by the Shaken Baby support this effort to increase aware- than $1 million in medical costs during Alliance, Children’s Defense Fund, ness of one of the most unspeakable just the first few years of the baby’s American Academy of Pediatrics, Child forms of child abuse, one that results life. Welfare League of America, Prevent in the death or lifelong disability of The most effective solution to ending Child Abuse America, Brain Injury As- thousands of children each year. Shaken Baby Syndrome is to prevent sociation, National Child Abuse Coali- For the past twenty years, the cur- such abuse, and it is clear that the tion, National Exchange Club Founda- rent President of the United States has minimal costs of educational and pre- tion, and many other organizations in- designated one month each year as Na- vention programs may help to protect cluding the National Basketball Asso- tional Child Abuse Prevention Month our young children and stop this trag- ciation, which is sponsoring a series of to increase awareness of the dev- edy from occurring. In 1995, the U.S. ‘‘NBA Child Abuse Prevention Aware- astating harm done to our children by Advisory Board on Child Abuse and Ne- ness Nights 2000’’ events to generate abuse and neglect. This year, April, glect recommended a universal ap- public awareness about the issue of 2000, is National Child Abuse Preven- proach to the prevention of child fa- child abuse and neglect during Na- tion Month, and it began with the re- talities that would reach out to all tional Child Abuse Prevention Month lease of a national survey conducted by families through the implementation 2000. the group, Prevent Child Abuse Amer- of several key strategies. Such efforts I urge the Senate to adopt this reso- ica. The survey showed that more than began by providing services such as lution designating the week of April 50% of all Americans believe child home visitation by trained profes- 23–30, 2000, as ‘‘Shaken Baby Syndrome abuse and neglect is the most impor- sionals or paraprofessionals, hospital- Awareness Week’’, and to take part in tant public health issue facing this linked outreach to parents of infants the many local and national activities country. The survey also showed that a and toddlers, community-based pro- and events recognizing the month of vast majority of Americans—83 per- grams designed for the specific needs of April as National Child Abuse Preven- cent—believe that child abuse preven- neighborhoods, and effective public tion Month. tion efforts can be most successful be- education campaigns. This resolution has the support of a fore such behavior has begun, rather Child abuse prevention programs number of organizations: Shaken Baby than waiting until the abuse has oc- have been shown to raise awareness Alliance, Children’s Defense Fund, curred. These results point to the need and provide critically important infor- American Academy of Pediatrics, Child to recognize child abuse and neglect as mation about Shaken Baby Syndrome Welfare League of America, Prevent the public health problem it is, one and other forms of abuse to parents, Child Abuse America, Brain Injury As- that is linked with a host of other caregivers, day care workers, child pro- sociation, National Child Abuse Coali- problems facing our country, including tection employees, law enforcement tion, National Exchange Club Founda- poverty and drug and alcohol addic- personnel, health care professionals, tion Child Abuse Prevention Program, tion, and one that needs the com- and legal representatives. Many pre- and many other organizations, includ- prehensive approach of our entire pub- vention programs now include not only ing the National Basketball Associa- lic health system to solve. information about the dangers of shak- tion, which is sponsoring a series of NBA Child Abuse Prevention Aware- The need for this widespread and ing babies and how to cope with crying, ness Nights 2000 to generate public high level concern is well-documented. but also address issues of anger man- The most recent government figures awareness of this. agement, stress reduction, appropriate I will not read the whole resolution, show that over 1 million children were expectations of children, and specific but I do want to just quickly summa- victims of abuse in 1997. Each day, information on why shaking or impact rize this. With this designation, we are three of these children die as a result can interrupt early brain development. designating this week, April 23 to 30, of this abuse. The U.S. Advisory Board Education programs for judges and oth- 2000, as National Shaken Baby Aware- on Child Abuse and Neglect reported in ers in the judicial system are also ben- ness Week. I do just want to read a few ‘‘A Nation’s Shame: Fatal Child Abuse eficial for SBS criminal cases. Ulti- whereas clauses, which are chilling. and Neglect in the United States,’’ that mately, the education of all will help Whereas head trauma is the leading cause a more realistic estimate of annual us reach a critical goal of zero toler- of death of abused children, including the child deaths as a result of abuse and ance toward shaking, a goal that will trauma known as Shaken Baby Syndrome; neglect, both known and unknown to help to save children’s lives. Whereas Shaken Baby Syndrome, which re- Child Protective Service agencies, is The prevention of Shaken Baby Syn- sults from the care-giver losing control and closer to 2,000, or approximately five drome is supported by groups such as shaking a baby usually less than 1 year of children per day. The rate of child fa- the Shaken Baby Alliance, an organiza- age, and can cause loss of vision, brain dam- talities caused by abuse has risen by 37 tion which began with 3 mothers of age, paralysis, seizures, or death, is a totally preventable form of child abuse; percent between 1985 and 1997, with children who had been diagnosed with Whereas an estimated 3,000 children are di- children aged 3 and younger accounting Shaken Baby Syndrome, and whose agnosed with Shaken Baby Syndrome every for 77 percent of these fatalities. Be- mission is to educate the general pub- year, with thousands more misdiagnosed and cause of the problems of under-report- lic and professionals about Shaken undetected; ing and errors in diagnoses, the Na- Baby Syndrome, and to increase sup- Whereas the most effective solution to tional Center for Prosecution of Child port for victims and victim families in ending Shaken Baby Syndrome is to prevent Abuse believes that the number of the health care and criminal justice such abuse—what we are doing is we are des- ignating this week: child deaths from maltreatment per systems. In my own state of Min- Resolved, That the Senate designates the year may be as high as 5,000. In most nesota, the Shaken Baby Alliance is week of April 23–30 as National Shaken Baby cases, the child’s death is the result of represented by the outstanding efforts Syndrome Awareness Week. April 27, 2000 CONGRESSIONAL RECORD — SENATE S3041 Mr. President, I wish I did not have drome, and whose mission is to educate the nity in the nation, continue the tradition of to introduce this resolution. I thank general public and professionals about Shak- honoring their children on this day, and wish my colleagues for supporting it, but I en Baby Syndrome and to increase support to share this custom with the rest of the na- think all the organizations that are for victims and victim families in the health tion; care and criminal justice systems; Whereas one in four Americans is projected working on this are doing extremely Whereas child abuse prevention programs to be of Hispanic descent by the year 2050, important work. It is hard to believe and ‘‘National Shaken Baby Syndrome and there are now 10.5 million Latino chil- this happens to infants. It is hard to Awareness Week’’ are supported by the dren; believe this happens to small children. Shaken Baby Alliance, Children’s Defense Whereas traditional Latino family life cen- I certainly cannot say on the floor of Fund, American Academy of Pediatrics, ters largely on its children; the Senate that agreeing to a resolu- Child Welfare League of America, Prevent Whereas the primary teachers of family tion, ipso facto, ends this practice. But Child Abuse America, Brain Injury Associa- values, morality, and culture are parents and our agreeing to this resolution means a tion, National Child Abuse Coalition, Na- family members, and we rely on children to tional Exchange Club Foundation, and many pass on these family values, morals, and cul- lot to people who have experienced this other organizations including the National ture to future generations; horror and to people who care deeply Basketball Association which is sponsoring a Whereas more than 500,000 children drop about this issue. series of ‘‘NBA Child Abuse Prevention out of school each year and Hispanic dropout I thank colleagues. Awareness Night 2000’’ events to generate rates are unacceptably high; Mr. President, I ask unanimous con- public awareness about the issue of child Whereas the importance of literacy and sent the resolution and preamble be abuse and neglect during National Child education are most often communicated to agreed to en bloc, the motion to recon- Abuse Prevention Month 2000; children through family members; sider be laid upon the table, and any Whereas a year 2000 survey by Prevent Whereas families should be encouraged to Child Abuse America shows that 1⁄2 of all statements relating thereto be printed engage in family and community activities Americans believe child abuse and neglect is that include extended and elderly family in the RECORD. the most important issue facing this country members and encourage children to explore, The PRESIDING OFFICER. Without compared to other public health issues; and develop confidence, and pursue their dreams; objection, it is so ordered. Whereas Congress strongly supports efforts Whereas the designation of a day to honor The resolution (S. Res. 300) was to protect children from abuse and neglect: the children of the Nation will help affirm agreed to. The preamble were agreed Now, therefore, be it for the people of the United States the sig- to. Resolved, That the Senate designates the nificance of family, education, and commu- The resolution, with its preamble, week of April 23–30, 2000, as ‘‘National Shak- nity; reads as follows: en Baby Syndrome Awareness Week’’. Whereas the designation of a day of special f S. RES. 300 recognition of children of the United States will provide an opportunity to children to re- Whereas the month of April has been des- DESIGNATING ‘‘DIA DE LOS NINOS: flect on their future, to articulate their ignated National Child Abuse Prevention CELEBRATING YOUNG AMERI- dreams and aspirations, and find comfort and Month, an annual tradition initiated by CANS’’ security in the support of their family mem- former President Jimmy Carter in 1979; bers and communities; Whereas the most recent government fig- Mr. WELLSTONE. Mr. President, I Whereas the National Latino Children’s In- ures show that over 1,000,000 children were ask unanimous consent that the Judi- stitute, serving as a voice for children, has victims of abuse and neglect in 1997, causing ciary Committee be discharged from worked with cities throughout the country unspeakable pain and suffering to our most ´ ˜ further consideration of S. Res. 90, and to declare April 30 as ‘‘Dıa de los Ninos: Cele- vulnerable citizens; the Senate then proceed to its imme- brating Young Americans’’—a day to bring Whereas among the children who are vic- diate consideration. tims of abuse and neglect, more than 3 chil- together Latinos and other communities na- dren die each day in this country; The PRESIDING OFFICER. Without tionwide to celebrate and uplift children; Whereas the rate of child fatalities has objection, it is so ordered. The clerk and risen by 37 percent between 1985 and 1997, will report the resolution by title. Whereas the children of a nation are the with children aged 3 and younger accounting The legislative clerk read as follows: responsibility of all its citizens, and citizens should be encouraged to celebrate the gifts for 77 percent of the fatalities; A resolution (S. Res. 90) designating the of children to society—their curiosity, Whereas head trauma is the leading cause 30th day of April of 2000 as ‘‘Dia de los Ninos: laughter, faith, energy, spirit, hopes, and of death of abused children, including the Celebrating Young Americans.’’ trauma known as Shaken Baby Syndrome; dreams: Now, therefore, be it There being no objection, the Senate Whereas Shaken Baby Syndrome, which re- Resolved, That the Senate´ designates ˜the sults from a caregiver losing control and proceeded to consider the resolution. 30th of April of 2000, as ‘‘Dıa de los Ninos: shaking a baby usually less than 1 year of Mr. WELLSTONE. Mr. President, I Celebrating Young Americans’’ and requests age, and can cause loss of vision, brain dam- ask unanimous consent the resolution that the President issue a proclamation call- age, paralysis, seizures, or death, is a totally be agreed to, the preamble be agreed ing on the people of the United States to join preventable form of child abuse; to, the motion to reconsider be laid with all children, families, organizations, Whereas an estimated 3,000 children are di- communities, churches, cities, and states upon the table, and, finally, any state- across the nation to observe the day with ap- agnosed with Shaken Baby Syndrome every ments there to be printed in the year, with thousands more misdiagnosed and propriate ceremonies, beginning April 30, undetected; RECORD. 2000, that include: Whereas Shaken Baby Syndrome often re- The PRESIDING OFFICER. Without (1) activities that center around children, sults in permanent, irreparable brain damage objection, it is so ordered. and are free or minimal in cost so as to en- or death to an infant, and more than The resolution (S. Res. 90) was agreed courage and facilitate the participation of $1,000,000 in medical costs in just the first to. all our citizens; few years of life to care for a single, disabled The preamble was agreed to. (2) activities that are positive, uplifting, child; The resolution, with its preamble, and that help children express their hopes and dreams; Whereas the most effective solution to reads as follows: ending Shaken Baby Syndrome is to prevent (3) activities that provide opportunities for such abuse, and it is clear that the minimal S. RES. 90 children of all backgrounds to learn about costs of educational and prevention pro- Whereas many of the nations throughout one another’s cultures and share ideas; (4) activities that include all members of grams may prevent the enormous medical the world, and especially ´within the Western˜ and disability costs and untold grief for hemisphere, celebrate ‘‘Dıa de los Ninos’’ on the family, and especially extended and el- many families; the 30th of April, in recognition and celebra- derly family members, so as to promote Whereas prevention programs have been tion of their country’s future—their chil- greater communication among the genera- shown to raise awareness and provide criti- dren; tions within a family, enabling children to cally important information about Shaken Whereas children represent the hopes and appreciate and benefit from the experiences Baby Syndrome to parents, caregivers, day- dreams of the citizens of the United States; and wisdom of their elderly family members; care workers, child protection employees, Whereas children are the center of Amer- (5) activities that provide opportunities for law enforcement personnel, health care pro- ican families; families within a community to get ac- fessionals, and legal representatives; Whereas children should be nurtured and quainted; and Whereas prevention of Shaken Baby Syn- invested in to preserve and enhance eco- (6) activities that provide children with the drome is supported by groups such as the nomic prosperity, democracy, and the Amer- support they need to develop skills and con- Shaken Baby Alliance, an organization ican spirit; fidence, and find the inner strength—the will which began with 3 mothers of children who Whereas Latinos in the United States, the and fire of the human spirit—to make their had been diagnosed with Shaken Baby Syn- youngest and fastest growing ethnic commu- dreams come true. S3042 CONGRESSIONAL RECORD — SENATE April 27, 2000 SUPPORTING THE CAPITOL HILL I say to my colleagues—I will speak ADJOURNMENT UNTIL 10 A.M., POLICE on it week after week—I believe we are MONDAY, MAY 1, 2000 Mr. WELLSTONE. Mr. President, going to get this done. I know the Cap- The PRESIDING OFFICER. The Sen- briefly, in morning business, I want to itol Police Union is very active. It is ate stands adjourned under the pre- take 2 minutes to speak to a related true sometimes two policemen will be vious order. topic. I thank, again, the Senate Ser- on one door, and there will not be that Thereupon, the Senate, at 6:38 p.m., geant at Arms for his leadership, Jim many people entering. The point is, at adjourned until Monday, May 1, 2000, at Ziegler. other times in the day, many people 10 a.m. I thank Senator BENNETT for the key are entering. Even if it is only a few, f appropriations role he plays in his posi- all it takes—unfortunately, we know NOMINATIONS tion as chairman. I thank Senator this; we have been through this night- HARRY REID, who I think is the only mare—is one deranged individual to Executive nominations received by Senator who has served on the Capitol the Senate April 27, 2000: show up at one of these posts where Hill police force, and there are a good there is only one officer, or that one DEPARTMENT OF TRANSPORTATION many others as well. deranged individual comes in as 30 or 40 EDWARD M. BOLEN, OF MARYLAND, TO BE A MEMBER I want to, one final time, speak to OF THE FEDERAL AVIATION MANAGEMENT ADVISORY COUNCIL FOR A TERM OF TWO YEARS (NEW POSITION) the issue before us. We lost two fine po- other people are streaming in, and that lice officers, Officer Chestnut and police officer may not only not be able UNITED STATES INFORMATION AGENCY to defend the public and defend us but NORMAN J. PATTIZ, OF CALIFORNIA, TO BE A MEMBER Agent Gibson. All of us were affected OF THE BROADCASTING BOARD OF GOVERNORS FOR A by this tragedy but, first and foremost, may not be able to defend himself or TERM EXPIRING AUGUST 13, 2001, VICE DAVID W. BURKE, their families. We made a commitment herself. RESIGNED. to do everything we could to make sure This is no small issue. The request f this never happens again. has been made, and it is crystal clear WITHDRAWAL It is not possible to have any 100-per- what we need to do. We better live up cent guarantee, but we made that com- Executive message transmitted by to our commitment, and we better pro- mitment, and we certainly need to, the President to the Senate on April 27, vide the funding to support the Capitol therefore, make the commitment by 2000, withdrawing from further Senate way of spending the money to make Hill police. I cannot think of anything consideration the following nomina- sure we have the necessary personnel more important for us to do internally. tion: to have two officers at each one of I thank my colleagues, and I yield DEPARTMENT OF TRANSPORTATION these posts. Otherwise, if we only have the floor. EDWARD M. BOLEN, OF MARYLAND, TO BE A MEMBER one officer, that officer is in real jeop- OF THE FEDERAL AVIATION MANAGEMENT ADVISORY COUNCIL FOR A TERM OF THREE YEARS (NEW POSITION), ardy. WHICH WAS SENT TO THE SENATE ON MARCH 30, 2000.