23632 CONGRESSIONAL RECORD-SENATE August 22, 1994 SENATE-Monday, August 22, 1994
(Legislative day of Thursday, August 18, 1994)
The Senate met at 10 a.m., on the ex The PRESIDENT pro tempore. The I hope very much that the same will piration of the recess, and was called to majority leader is recognized. occur in the Senate, and that a biparti order by the President pro tempore Mr. MITCHELL. Mr. President, I ask san majority of the Senate will support [Mr. BYRD]. unanimous consent that there be ape the bill and enable us to pass it The PRESIDENT pro tempore. As we riod for morning business until 10:30 promptly. It is a very important meas present our petitions in prayer to Him a.m. today. ure, balanced as between providing ad whose ineffable name is above all other The PRESIDENT pro tempore. With ditional police for crime prevention, names, the Senate will be led in prayer out objection, it is so ordered. providing substantial funding for the by the Senate Chaplain, the Reverend Does the majority leader plan to put construction of prisons to enable the Dr. Richard C. Halverson. a limitation on the time for Senators more effective security for those who Dr. Halverson. to speak during that period? have engaged in violent crime, and ad Mr. MITCHELL. I ask unanimous ditional prevention programs to seek PRAYER consent that the Senators may speak to encourage people, and particularly for up to 10 minutes each during that young people, to engage in productive The Chaplain, the Reverend Richard period. C. Halverson, D.D., offered the follow The PRESIDENT pro tempore. I and not criminal actions in our soci ing prayer: thank the majority leader. ety. Let us pray: Without objection, it is so ordered. So, Mr. President and Members of the * * * For there is no power but of God: Senate, it is a very important measure, the powers that be are ordained of God. one which I hope we can begin discus Romans 13:1. SCHEDULE sion on today, and which I hope we can "We hold these truths to be self-evi Mr. MITCHELL. Mr. President and pass promptly. Therefore, I will await dent, that all men are created equal, Members of the Senate, the House yes the response of our colleagues, and in that they are endowed by their Creator terday passed a historic crime bill. any event will return at 10:30 this with certain unalienable Rights * * *. As I have stated publicly on many, morning to seek unanimous consent to That to secure these rights, Govern many occasions, the most recent being proceed to that bill. ments are instituted among Men, de last Friday, the Senate will take up Mr. President, seeing no other Sen riving their just powers from the con the crime bill as soon as possible fol ator seeking recognition, I now suggest sent of the governed * * *" .-Declara lowing House enactment. the absence of a quorum. tion of Independence. I have advised the minority leader The PRESIDENT pro tempore. The Eternal God, Sovereign of the uni that it is my intention, therefore, at clerk will call the roll. verse, with unspeakable gratitude we 10:30 a.m. today, to seek unanimous The legislative clerk proceeded to thank Thee for the faith and vision of consent to proceed to the crime bill. If call the roll. our Founding Fathers who conceived a an objection is made and unanimous Mr. MITCHELL. Mr. President, I ask political system in which the power be consent cannot be obtained to proceed unanimous consent that the order for longs to the people. Thank Thee for to the bill, then I will make the motion the quorum call be rescinded. people-sovereignty, the foundation of to proceed to the bill at 6 p.m. today. The PRESIDENT pro tempore. With America. Under our rules, that motion is not out objection, it is so ordered. It is gratifying, God, to see the re debatable, and there will then be a vote The majority leader is recognized. sponse of the people to the heal th and on the motion to proceed to the bill at that time if consent is not previously crime bills. As we approach election, ORDER OF PROCEDURE we pray that all the people will be obtained. awakened to the incredible legacy they The distinguished Republican leader Mr. MITCHELL. Mr. President, I ask have and will exercise their sov requested the opportunity to consult unanimous consent that at 1 p.m. ereignty. Realizing that we have one of with his colleagues until 10:30 this today the Senate proceed to the consid the lowest voting averages in the in morning. That is, of course, a reason eration of the conference report accom dustrialized West, move upon the peo able request, and one which I imme panying H.R. 3355, the Violent Crime ple so that they will recognize the gift diately agreed to. Therefore, I will Control and Law Enforcement Act; God has given them and respond by have a further announcement with re that there be debate only today on that voting. spect to proceeding on the crime bill at conference report; and that the time Forgive us, Lord, who have abdicated 10:30, and at that time I will, in any between now and 1 p.m. be for a period our sovereign responsibility as citizens event, make a unanimous-consent re for morning business during which Sen and revive us to take hold. quest to proceed to the bill. a tors be permitted to speak therein for I hope very much that it will be up to 10 minutes each. In the name of the Lord of history we The PRESIDENT pro tempore. Is pray. Amen. granted and that we can proceed to de bate on that very important measure. there objection? It has, as all Senators know, been the There being no objection, the several RESERVATION OF LEADER TIME subject of substantial discussion, nego requests are granted. tiation, and debate in the House of Mr. MITCHELL. Mr. President, I The PRESIDENT pro tempore. The Representatives prior to its passage thank my colleagues for their coopera Senate will be in order. yesterday. tion. Under the previous order, leadership I congratulate the House leadership, Under this agreement, the Senate time is reserved. the Speaker, the majority leader, and will take up the crime conference re others, as well as all of those House port beginning at 1 p.m. today. There Members, Democratic and Republican, will be no rollcall votes today. There MORNING BUSINESS who joined together to pass this impor will be debate only on the conference · Mr. MITCHELL addressed the Chair. tant legislation in the House. report.
•This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. August 22, 1994 CONGRESSIONAL RECORD-SENATE 23633 We will, I hope, be able to complete tion of local governments, so it is not perately need, a bill to put resources action on that measure in the near fu in most cases a Federal crime. Less together to fight crime, and there is no ture. It is, as I said earlier, a very im than 10 percent of crimes are involved debate and no thoughtful discussion on portant bill. Now that the House has with Federal jurisdiction. That is why what the Federal Reserve Board has acted, I believe it important that the I say we ought to understand that this done in the last 6 months? Senate complete action and send the bill in itself will not stop crime. But, I wonder if my colleagues know in measure to the President. the bill does address some very chronic the five interest rate increases in 6 The period between now and 1 p.m. issues that people around the country months by the Federal Reserve Board will be for morning business during know about and that local govern in which they went in a room, locked which Senators will be permitted to ments face. the door, and made decisions in secret speak therein for up to 10 minutes. I A substantial amount of the violent to increase interest rates five times anticipate that there will be debate crime in this country is committed by what they have done is increase Fed during that period on the crime bill as a very small minority of the criminals. eral spending by $110 billion between well. About two-thirds of all violent crime in now and 1999 by increasing the cost of I thank my colleagues for their co America is committed by about 8 per funding our debt? No debate; no operation. cent of the criminals. These are crimi lengthy discussions; the Federal Re I now suggest the absence of a nals who adopted crime as a career, serve Board secretly goes in a room quorum. and they understand and we under and makes the decision. In fact, most The PRESIDENT pro tempore. The stand that prison for them has become of the folks in that room have their clerk will call the roll. a revolving door. They are in and they banking connections and I am sure The legislative clerk proceeded to are out and in and out and back on the they represent them well-and they de call the roll. streets far too quickly-to victimize cided to increase interest rates five Mr. DORGAN. Mr. President, I ask another innocent American once again. times. It will increase the cost of bor unanimous consent that the order for This bill starts to get tough with them rowing for the Federal Government, in the quorum call be rescinded. and says three strikes and you are out. effect increase spending by the Federal The PRESIDENT pro tempore. With It says let us open up some hard core Government, $110 billion between now out objection, it is so ordered. Further prison cells by putting nonviolent pris and 1999. proceedings under the call will be oners in some nonviolent facilities One of my colleagues on the other waived. with barbed wire and put violent crimi side says, "If the Federal Reserve The Senator from North Dakota is nals in secure cells and keep them Board protected us against a wave of recognized for a period of time not to there. inflation that was going to come in the exceed 10 minutes. Does this bill have some prevention future and extended this country's eco programs in it? Yes, it does. But does nomic recovery, that would be a bar THE CRIME BILL anybody doubt people who are addicted gain." Does anybody in this Chamber to drugs and are involved in a life of have any credible evidence that there Mr. DORGAN. Mr. President, I noted crime have to get off the addiction if is inflation over the horizon? That in over the weekend that the House of they are going to cease the crime? The flation is on the rise? There is no evi Representatives has passed the crime fact is, we have far more addicts who dence I am aware of. Inflation has de bill conference report. I intend to vote seek treatment for drug addiction than creased for 3 successive years. There is for the crime bill conference report we have places to give drug addiction no evidence of renewed inflation. Yet when it comes to the Senate. treatment and counseling, and this bill the Federal Reserve Board has taken I watched the debate over the last 10 addresses part of that. action to increase interest rates five days or so on the crime bill and, as is Is that pork? Is that unnecessary successive times. What they have done usually the case, political debate is spending, when somebody who wants to is put the brakes on the American stretched so thin you can often see shed a drug addiction goes to a center economy. through it. There are, I think, merits and they say, "Sorry, we don't have I brought their pictures to the floor on both sides of the questions that any room. We can't take you. Take of the Senate several times because I have been raised about this crime bill. your addiction back on the street, com think, even though they operate in se Those who say there was too much mit more crime"? That is what is hap cret, we ought to at least share with spending in it may be right. There may pening. It is not pork to have a preven the American people who these folks be some valid arguments that in cer tion program in the crime bill to pro are and what they look like. I hope one tain areas of spending it could be vide more addiction treatment, more day soon we can address the question trimmed back-and was. Those who ar addiction counseling for those who are of whether we ought to have a Federal gued that the other side was calling le addicted to drugs. Reserve Board under these cir gitimate prevention programs pork I hope my colleagues in the Senate cumstances making these kinds of de were right as well. But the fact is the will understand this is a good crime cisions with this consequence to the conference committee has worked its bill and one that we really ought to American economy and to the Amer will on the bill and it has now gone to pass this week and one I think will ad ican people. the House and will come to the Senate. vance the interests of this country in I hope very much the Senate will adopt fighting this epidemic of violent crime. the conference report. HEALTH CARE It is important for us to understand Mr. DORGAN. Let me, having said the U.S. Congress passing a crime bill THE FEDERAL RESERVE BOARD that, and compared the cost of the will not solve the crime problem in this Mr. DORGAN. Mr. President, the crime bill to what the Fed is doing, country. That is going to be solved by crime bill is going to cost something in turn to one other brief topic, health individual responsibility and by people the neighborhood of $30 billion, give or care. in the communities, in the homes and take, over an extended period of time. As I have watched and listened to the the neighborhoods, in the cities and I noted last Friday, talking about debate on health care, it has been in the States. But we can help. We can do money, that this Government will ex teresting to try to understand the con some things that are constructive that perience another set of costs-far nection between what the American will honestly help, and we do that in greater than that $30 billion-caused people want and what is being dis ·this bill. by actions of the Federal Reserve cussed here in Washington, DC. I noted Well over 90 percent of the crime in ·Board. Is it not interesting that we de the distinguished President pro tem this country is committed and pros- bate at great length spending of tens of pore of the Senate gave a speech last ecuted and investigated in the jurisdic- billions of dollars on something we des- week. I was not on the floor to hear it, 23634 CONGRESSIONAL RECORD-SENATE August 22, 1994 but I heard part of it on my television the use of the operating room for 4 Insurance companies-we have one set in my office and then I rushed over hours, not including physicians' fees?" insurance company that pays the CEO to his office to get a copy of the speech. "Why did outpatient surgery cost," a over $50 million in compensation and I thought it was a very thoughtful woman writes, "$13,000 with a hospital stock options. speech, a very interesting speech. stay from 8 a.m. to 2 p.m. ?" There is a lot of money at stake in Unfortunately, we do not have much That is what they ask. They ask why this question of health care cost con credibility these days. The U.S. Con in the United States does it cost $38,000 tainment, and that is why the fear of gress does not have a great deal of for coronary artery bypass surgery and real cost containment has all these credibility with the American people. in Ontario, the exact same surgery special interests weighing in, in a very Why? There are a lot of reasons for costs $16,600? Why does it cost $5,700 for aggressive way. that. There is a cottage industry out a simple appendectomy in the United We have not even gotten to real cost there of magazine shows and news States when in Ontario, Canada, it containment, but that is what the de shows and others that try to hold us up costs not $5,700 but $2,500? Those are bate ought to be. All the special inter to the light and say, "Look at this ugly the questions they ask. ests in the country have now weighed imperfection here; isn't this gro What has happened is, we have seen in with television advertisements, tesque?" It is not just true with this plans to construct massive changes in radio advertisements, and there is a institution, it is true with every insti the health care delivery system and, new approach to grassroots lobbying tution in America. We have now be frankly, very few ini tiati ves to deal that has nothing to do with grass and come-not just Congress, but other in with costs. Because the debate has be nothing to do with roots. Let me de stitutions as well-fodder for the come increasingly a debate about how scribe it. "infotainment" industry. You enter do we cover people instead of how do It is facilitated telephone calling. tain by looking at that institution or we deal with costs. Let us assume you are an insurance in the other .institution and saying, "Isn't I am convinced we can never, ever re dustry and you decide, "I don't like this awful? Isn't this ugly?" solve the question of coverage until we what those folks are going to do up on It is imperfect. We know that this resolve the issue of skyrocketing costs. Capitol Hill. We want to continue to place is imperfect. I come from a town I will say again, none, not one of the make as much money as we feel like of 350 people, and this place is very plans being offered-the Finance Com making. I don't like what they are much like my hometown. We have a lot mittee plan, the Mitchell plan, the doing to us." So they hire a company of wonderful people, basically solid, Dole plan, or the Senate mainstream in Washington, DC, and they say to honest people who work hard and want group's plan-contains costs. that company, "Would you go out and to do the right thing. They try to do We now spend 14 percent of our gross put together a grassroots organization the best job they can. We also have a domestic product on health care, Can for me?" And they will do that. few people who make mistakes. When a ada spends 10, and no other country So this Washington, DC, company Member of this body makes a mistake, spends 10. The President made the puts together a phone bank, probably it is on the front page of the paper point that this spending makes us non in Washington, DC, or some other area. someplace. That is the difference. competitive. We have less money avail So the phone bank gets lists of people, In heal th care, frankly, I think we able for investment because we are and the lists of people are called and a sometimes become more ambitious spending so much more on health care. telephoner says, here is the cir than we should. The American people, I Under every single plan, including cumstance, "How do you feel about am convinced, have said to the Con those proposed by conservatives, that?" gress, "We want you to do something health care costs in this country will And the caller says, "Well, I don't about health care because health care increase from 14 to 19 percent and, in like that." costs too much. Frankly, when health most cases, 20 percent of GDP. That is They say, ''Let me make a deal for care costs too much, it is priced out of not success. We must, in my judgment, you. I tell you what we will do; we will the reach of too many of the American address the question of health care hook your call right now to your Sen people, and we would like you to do costs. ator and you tell him that." something about that." If we address that question, we will Let me give you a telephone call we And Congress, as is generally its de ratchet up even further the opposition got the other day. This is a fairly good sire, I think, wants to delve into this to what we are doing in health care. example. We do not tape calls or any and construct a system, construct a big But honestly, we ought to shine the thing like that. This is a staff person of mechanism to try to deal with it. But spotlight on how do we deal with the mine in the office who said it was just I do not think the American people are skyrocketing costs of health care? an interesting call so she, just from saying, "Go to Washington and change I intend to offer an amendment on memory, jotted it down. the health care delivery system; the costs. I think we ought to have a target This was from a small business per health care delivery system does not out there at some point, a target that son who called my office. Here is what work." I do not think that is what they says we think we ought to aim for no the small business person said: were saying. more than 15 percent of GDP commit "I was just transferred by the small They were saying, do something ted to health care. We ought to have a business people"-that would have about health care costs, because for target. Right now, there is no target. been the phone bank people hired by most people-middle-income families, The sky's the limit, whatever it costs. the Washington group to create grass businesses, and our governments- We will construct the system, debate roots lobbying-"! was just transferred health care costs are skyrocketing. coverage and whatever it costs it will by the small business people to your of What does that mean? It means too cost. fice. Do you know what I'm supposed many other families, especially the In my judgment, that is not a satis to tell you? It was something to do most vulnerable ones, cannot afford factory answer. Pharmaceutical com with voting." the cost of health care panies are charging an arm and a leg My office staff person said, "No, sir, I gave some examples of these costs for what they do. The head of one phar I have no idea. Didn't they tell you the other day. I will give just a couple maceutical company makes as much what this was about?" again. The average person would ask money as the salaries of every U.S. The caller said, "Something to do and these are all people who have come Senator combined. They say, "We need with the health plan, I think. Is that to me-"Why does it cost $300 to put these high prices for prescription drugs up for voting now?" three stitches in my son's index fin because we need money for research My staff person said, "They are ger?" and development." Well, that is fine, working on it. Do you have an opinion "Why did it cost $18,000," one woman but then why do you pay your CEO's so you would want to forward" to the asked, "for 3 days in the hospital and much? Senator? August 22, 1994 CONGRESSIONAL RECORD-SENATE 23635 The caller said, "Not really. I don't MRI, the other wants to get an MRI. I am hopeful, Mr. President, that this know how I feel yet. I told that lady That is how they compete, and it same spirit of bipartisanship will pre that when she called, but she said she means higher prices. vail in the Senate this afternoon, to was going to transfer me" to your of The market system has not worked. morrow and throughout the debate on fice "anyway." We must do something in the U.S. Con the crime bill conference report, be My staff person said, "Well, call back gress to deal with skyrocketing costs cause I believe that this is an extraor when you do know where you stand and in health care. If we do not put the dinarily important bill. we'll forward that information to the brakes on heal th care costs, then we I know when I ran for mayor-this Senator." will have failed. And at the end of the was a long time ago, back in 1979-San This is new grassroots advertising. day, those who say let us do nothing Francisco had a spiraling homicide This is a radio ad that says "Call 1- about health care costs ought to under rate and a spiraling crime rate. I ran 800," and they get a facilitator and the stand that consigns us to a cir on the commitment to bring the police facilitator says, "OK, if you feel that cumstance where more and more and department up to its fully authorized way about that issue, we will hook you more American people are going to be strength, and to reduce response time into your Senator's office." priced out of an increasingly expensive by a squad car to an A-priority call to There was a radio ad in North Dakota health care system. 2 minutes. It took me a number of partially funded by the pharmaceutical So my hope is that in the coming years to get there, but I was able to in manufacturers, and when you listen to weeks we in the Congress will decide crease the size of the police depart the message, you think, "Boy, that is we have a lot more to agree about than ment to its fully authorized strength the kind of message I would buy into," to fight about. I hope that most of us and was able to lower response time to and somebody calls the 1-800 number understand that the costs of health 2 minutes. In the course of doing so, we and, guess what? They immediately get care, having risen now to over 14 per reduced crime in San Francisco by 27 passed into my office. That is grass cent of GDP, on their way to 20 per percent. roots lobbying. cent, are costs which are out of con Why did we take that approach? We They spend $50 or $100 million on that trol. I hope we all understand that we did so because if you can get an officer sort of thing. Can you affect public must do something about health care to a crime, you can find witnesses to opinion? You bet your life you can. If costs. interview who have not disappeared, we get involved in the kind of fight we Mr. President, I thank you for your evidence that is not cold and, as a re ought to be involved in to contain patience. sult, a better chance of making an ar costs in health care, do you think we I yield the floor and make a point of rest and sustaining a successful pros are not threatening some of the big order that a quorum is not present. ecution. gest, healthiest, wealthiest corpora The PRESIDENT pro tempore. The That result is what this crime bill tions in this country? You better be clerk will call the roll. an important crime bill for law en lieve we are. Do you not think they The bill clerk proceeded to call the would spend $50 or $100 million just forcement all across this Nation-will roll. facilitate. And that is why the rank like that to save their skin? You better Mrs. FEINSTEIN. Mr. President, I and file of virtually every police de believe they will. ask unanimous consent that the .order And you think it is not effective? partment and virtually every chief of for the quorum call be rescinded. police in America have come together Just see what has happened so far and The PRESIDENT pro tempore. With then wonder what happens when we to say, "We support this crime bill. We out objection, it is so ordered. need the resources it will provide us." really confront cost containment. Mrs. FEINSTEIN. I ask unanimous It is very difficult in these cir consent to speak as in morning busi It is correct, Mr. President, that the cumstances to legislate effectively and ness. crime bill does not fully fund 100,000 to legislate in a manner that really ac The PRESIDENT pro tempore. With police officers for 6 years. It will, how complishes what the American people out objection, it is so ordered. ever, provide matching funds to local want us to accomplish. It is not un The Senator from California [Mrs. jurisdictions all over America to give usual to get a call these days from FEINSTEIN] is recognized to speak for 10 them the financial boost they need to someone who says, "I don't want Gov minutes as in morning business. expand their police departments with ernment to have anything to do with brand new police officers. The bill says, heal th care,'' and then you discover in essence, that the future is commu this is said by somebody who is on THE CRIME BILL nity policing, police who walk beats. Medicare. It is not unusual to go to a Mrs. FEINSTEIN. Mr. President, I I doubled the number of beat cops town meeting and have someone stand rise to speak on the crime bill. I do so while I was mayor in San Francisco. I up at the town meeting and say, "Gov as a Californian, as the former mayor found that community policing works ernment is awful, Government is the of a large California city, and as a U.S. because the police who walk the streets problem; we need to get Government Senator. I also do so with extreme know the bad guys. They know when out of health care," and then find out, pride in what I saw happen this week outside criminals invade their neigh as I did, that 75-year-old person just end in the House of Representatives. I borhoods, neighborhoods whose resi had open heart surgery paid for by sat glued to my television screen yes dents they know by their first names. Medicare, not making any connection terday as I watched Members of the People come to know and trust their that the Medicare system is a health House stand and come forward for very local police officer as a human being, care system that was established by short remarks-generally in the vicin not as someone who is unknown to that very Government. ity of 1 minute-to tell how and why them, but someone who is part of their We need to address the heal th care they were going to vote on this very neighborhood, whom they respect, and system. If there are people here who important bill. with whom they can share confidences stand · up and say, "Let's not bother What I saw and heard, Mr. President, and information. And this yields ar with this; let's let the private sector do was a new kind of bipartisanship. Mem rests and it produces safety. it," they are wrong. There is not com bers of the so-called opposition party Mr. President, I also rise this morn petition in health care, as Adam Smith came forward to say: "Yes, this bill is ing to thank the Members of this Sen envisioned, with pricing as a competi important and, yes, we have had our ate who were part of the conference tive regulator. It does not exist. differences, but we were called into the committee and, in particular, the In health care, competition means room to meet with Democrats and to chairman of the Judiciary Committee, higher prices. One hospital does open reconcile those differences, and now, 46 JOSEPH BIDEN of Delaware, who-with heart surgery, and the other one has to of us can stand up and vote affirma motivation, staying power and integ do open heart surgery. One gets an tively for this bill." rity-did a superior job, I think, and in 23636 CONGRESSIONAL RECORD-SENATE August 22, 1994 crafting this bill. Senator HATCH, rank want this bill, and there is no doubt in forget the taped voice of a young ing member of the Judiciary Commit my mind that this bill will be helpful woman named Michelle Scully talking tee also deserves our thanks. to communities all across this Nation. to a 911 operator as she held her dying I also want to express special thanks For California alone, this bill means husband, alternately begging him not to two other members of the con the possibility, if local jurisdictions to die and pleading with the operator ference committee: Senators METZEN are willing to maintain their shares, of saying, "Please come. My husband is BAUM and DECONCINI for their work, 10,000 additional police officers. For dying, I can't stop the bleeding." not only in building a solid significant one of the most deeply troubled and As my staff and I began to research bill, but for their coauthorship and un crime-plagued cities in America, Los news stories about assault weapons by flagging support of the assault weapons Angeles, this bill could mean more computer, we found that we could only legislation. They stood up for it and than 1,500 additional community po pull such reports from papers in about they kept it intact as the America pub lice. That is a big deal. Truly it is a big two-thirds of the United States. But lic has demanded. deal. If you have 1,500 more police offi even with that partial sample, one fact Before turning to the issue of assault cers you are able to put on the streets, that came quickly to light truly weapons, Mr. President, I would like to that means more arrests, that means shocked me. What I saw was that as discuss for a moment the key dif faster response time, that means better sault weapons were becoming the weap ferences between the crime bill as ap evidence, that means more successful on of choice of youngsters in our Na proved by the Senate, the initial con convictions, and that means that the tion-youngsters. ference report, and the final report ap bad guys are taken off of the streets. I later talked with a woman in Vir proved by a bipartisan majority of the Finally, Mr. President, I believe that ginia by the name of Byrl Phillips-Tay House of Representatives last night. one of the difficult parts for some in lor, whose son was killed by another Law enforcement: When the bill left this crime bill has been legislation youngster who was younger, just jeal our Senate, there was a total of $12.236 Senators METZENBAUM, DECONCINI, and ous of him, with an assault weapon, billion reserved for law enforcement at I authored in this Senate-the legisla just mowed down and killed with an all levels of government. The final bill tion which had to do with assault AK-47. I also met another mother from increases such funding by $291 million weapons. Although no comprehensive Seattle, who had just moved her child for law enforcement, for a total of statistics are maintained by the FBI or to what she thought was a safer school $13.451 billion. So law enforcement is Bureau of Alcohol, Tobacco and Fire district. Her daughter was standing in up in this final bill. arms, I accept that assault weapons are front of the school. Young people in a Prisons: When the bill left the Senate used in a comparatively small propor car came driving by with an assault it included $6.5 billion in it for prisons. tion of gun crimes perpetrated in this weapon, firing indiscriminately, and a As recrafted by the conference commit Nation. But that does not tell the real 16-year-old girl's life was snuffed out. tee and approved by the House yester story. Something is happening in Youngsters who used to end fights by day, it had $9.07 billion in it for pris America that I first noted in the early bloodying someone's nose now settle ons. That is an increase of $1.4 billion. 1980's. · grievances-real and imagined-with With regard to prevention programs, It began for me in 1984 when James assault weapons. Rambo is alive and those of us who have worked in the big Huberty walked into a McDonald's well in young America. cities of America know that some work drive-in restaurant with an Uzi and I believe, Mr. President, that many if better than ours. We also know, how blasted away at the dinner hour; 21 not most of the votes against the crime ever, that you have to fight crime in people were killed and 19 were wounded bill last night in the House, the hidden the streets every day before it happens, as they sat enjoying their burgers and votes, were cast by Members who, rath not just in the jails and courtrooms fries. I distinctly remember thinking er than side with the chiefs of police and prisons of our Nation after crime at the time that I never expected such and the police officers of this Nation, has already been committed. We must a crime in California. During the 6 capitulated to the National Rifle Asso give our children alternatives to a life years that I sat on a parole board in ciation instead. I say to my colleagues on the streets and the death and de the 1960's and reviewed cases and set in the Senate, with respect, that we in struction that too often these days ac sentences, there were no crimes like this body cannot ignore the police of companies it. this. There were no assault weapon America who are fighting a battle in For prevention, when the bill left the crimes. which they are outgunned. Senate, it provided $9.512 billion. Yes Five years later, a drifter named Pat I heard a graphic example from those terday, that amount was decreased by rick Purdy purchased an AK-47 assault front lines recently, Mr. President. The the bipartisan conference by $1.695 bil rifle, walked onto a Stockton, CA, women of the House and the Senate lion to $7 .054 billion. So the bill is down schoolyard, and just indiscriminately held a joint press conference last week. in prevention programs, many of which began firing. He mowed down 34 chil I had dedicated an earlier press con have been combined into a block grant dren, killing 5 of them. ference to a police sergeant in Houston, of $377 million. Communities, mayors, Later the same year, assault weapon TX, by the name of George Rodriguez. boards of supervisors, and city councils invaded the workplace-at a printing At that time, he lay dying from mul can allocate those funds as their local plant in Kentucky, an employee upset tiple bullet wounds inflicted by a MAC- priorities dictate. at losing his job strapped on an AK-47, 11 assault pistol. Thankfully, he pulled In sum then, the bill is down nearly two MAC-11 assault pistols and six through and was able to join us to tell $1.7 billion for prevention. It is up $1.4 handguns and began blowing his former us his story from the front lines. billion for prisons, up $291 million for coworkers away. Eight were killed and He told us that outside Houston he law enforcement. The total cost of the twelve were injured. had made a routine traffic stop. He bill is $30.205 billion. The conferees Massacres like this one have since pulled up to the car, left the car, and have crafted, and the House has ap been repeated in post offices and firms walked up to the automobile he was proved by a bipartisan majority, a bal across America, no more notoriously stopping. The man just cracked the anced bill that-in my view will reduce than just over a year ago on the 'se door open, pointed the assault weapon crime in America. cure' 31st floor of a high-rise building outside, did not turn around and did My hope, Mr. President, is that the at 101 California Street in San Fran not aim, and fired a burst of bullets in spirit of bipartisan cooperation and cisco. In that now infamous rampage, a seconds, some of which hit Sergeant commitment to producing a crime bill disturbed and disgruntled client Rodriguez. Two are still lodged in his that triumphed yesterday in the House walked in with twin Intratec TEC DC- chest. will inform the debate that we have 9 assault pistols. When the shooting fi That weapon was this weapon called begun in the Senate. There is no doubt nally stopped, eight lay dead and six an M-11. And that weapon had a big in my mind that people of this country others were wounded. Can any of us clip. One of the problems with all of August 22, 1994 CONGRESSIONAL RECORD-SENATE 23637 these weapons is that they come air and talked about health care-I Mr. WELLSTONE. Thank you, Mr. equipped with clips of 20 or 30 bullets, came to really see the value of working President. but you can buy clips that fit into in a bipartisan way to solve big prob Mr. President, I have today worked them that are up to 100 bullets. There ·1ems, of being able to listen to each on what I think is a careful analysis of fore, no one has a chance to get the other, move as close to the center as the mainstream proposal, a critique of weapon from you and they become cop possible, and go on from there. Senator CHAFEE's and other Senators' killers. It seems to me that is what happened work. I am going to be sending a letter Assault rifles kill cops even more ef in the conference committee and in the out to colleagues, and I think this let fectively than pistols like the MAC--11. House of Representatives on this crime ter reflects a very thoughtful critique. I learned this when Christy Lynn Ham bill. There was a lot of debate, a lot of I hope it will be helpful to everyone in ilton, a 45-year-old rookie police officer discussion; debate that went on all how they evaluate this set of proposals in Los Angeles-and mother of two night-at least three nights of which I that Senator CHAFEE and others are -was killed with an AR-15. The muzzle am aware-that produced a bill that now presenting. velocity of that gun, and many other was bipartisan to a great extent. And I I made the appeal on Friday, and I rifles, is such that the bullet went think, and I am hopeful, that will be make the appeal again, especially to through the car door, and can easily the case in this body later. the media, that I just wish that all of pierce standard bulletproof vests. That I say to my colleagues, this bill has us, all of us here, would forget all of is why police are very strongly opposed been debated. The House of Representa the labels, left, right, center, and for to these weapons, because they are tives, bringing the perspective of 435 that matter sort of forget the kind of outgunned by them. They have no Members, each one representing about horse-race mentality of what is ahead, chance. They have no chance to draw a half million people, debated the bill, what is in, what is out, and just ana their service revolver. And when they amended the bill, passed a rule, de lyze these proposals as to whether or draw their service revolver, they have feated a motion to recommit yester not they would represent a step for to aim it. With most of these weapons, day, and finally passed a crime bill. ward for the people we represent. you can just spray fire and not aim. It seems to me that the people of this I think ultimately that is a decision So the question comes: Do we want Nation want us to get on with other that you, Mr. President, as a Senator our young people to be able to have business. They do not want us to rep from North Dakota, will have to make these weapons? Do we want the unsta licate the same debate again. and that I will have to make, and that ble amongst us to be able to gain these So I am very hopeful that we will see all of our colleagues will have to make. weapons? Are our streets, our schools, the same bipartisan spirit in this body I would like to summarize what I had our playgrounds, our parks going to be that existed in the other body and that to say Friday, and this will be part of safer with these weapons or without we will see the politics of consensus this letter. And then I will want to add these weapons? rather than division prevail in the Sen to that critique today because we now I think the answer is very clear. The ate. That those Republicans who voted know more about Senator CHAFEE's Senate agreed that the answer was with us on the crime bill when it left proposal as Senator CHAFEE and others clear. The House of Representatives the Senate will once again be proud to have been gracious enough to provide has debated it fully and has decided stand and say, "I am helping this Na briefings for our staffs. I will summa that America, as a Nation, is better off tion. I am putting police on the streets. rize Friday's analysis, and then I will if these weapons are not manufactured, I am building prisons. I am providing build on that with today's analysis and if they are not sold, and if they are not program funds to mayors and city concerns. transferred. councils and boards of supervisors. I First of all, by eliminating the em The hidden agenda behind much of am aiming to increase border control. I ployer mandate in the Mitchell trig the opposition to the crime bill has, in am battling against an increase in vio ger-remember, this Mitchell bill had my view, come from people who say, lence against women with this bill, and this trigger-the proposal would take "We have a right to have these weap I will vote 'aye' when the crucial mo us a step even further away from en ons." Then what we would say, in re ment is at hand." suring affordable coverage for working turn, is, if this legislation passes, take Once again, Mr. President, let me families and individuals. this legislation to the courts and let thank the conferees, particularly the What I am simply saying is that I the courts decide. Does the Second Senate conferees and let me express my think this is one of the difficulties Amendment in fact say weapons of hope that today, or tomorrow at the which Senator CHAFEE and others have war, weapons made solely for military latest, we will be able to send to the run into with this proposal. Without use-and every one of these weapons is President the toughest, the smartest, employers contributing their fair made solely for military use to kill the most balanced and the most effec share, it is difficult to figure out how large numbers of people in close com tive anticrime bill in the history of to finance coverage. If you are going to bat-provide every individual with a this Nation for a people who very badly have subsidies to enable individuals up constitutional right to own these weap need the help. to 200 percent of poverty to purchase ons or does Government have a respon Thank you, Mr. President. I yield the health care, that is fine. But then once sibility to regulate their use, to pro floor and suggest the absence of a you get into $30,000, $35,000, $40,000 mid hibit their use, when they believe the quorum. dle-income working families, you have welfare of the majority is protected? The PRESIDENT pro tempore. The a plan that does not deal with the ques I know one thing that this legislation clerk will call the roll. tion of how to make that coverage af will achieve in the future if given the The legislative clerk proceeded to fordable to them. chance. Our children will not be able to call the roll. So that is the first problem. That is own these weapons. Drive-by shooters Mr. WELLSTONE. Mr. President, I a fundamental problem. will not be able to buy these weapons. ask unanimous consent that the order Second, the subsidies and tax deduc Gangs will not be able to buy these for the quorum call be rescinded. tions for individuals with no employer weapons. Grievance killers will not be The PRESIDING OFFICER (Mr. DOR contribution required could result in able to buy these weapons. And I think GAN). Without objection, it is so or employers reducing coverage while en that is a singular improvement. dered. joying a Government-subsidized bail Mr. President, as part of a group that out. And then, because the subsidy pool began to work on the heal th bill in a is limited, the proposal could fail to in bipartisan way-where sometimes up THE HEALTH CARE LEGISLATION crease the number of insured. to 20 Senators, about half of us Demo The PRESIDING OFFICER. The Sen This is extremely important. If you cratic and about half of us Republican, ator from Minnesota is recognized for are not going to require employers to sat down in a room without very much 10 minutes in morning business. provide coverage, and if you are going 23638 CONGRESSIONAL RECORD-SENATE August 22, 1994 to provide individuals with tax deduc- this technical language. The long and like an office of consumer affairs set up tions to purchase coverage, and are short of it is this: If you are young and at the State level to represent consum going to provide subsidies for those in- healthy, you are going to have the in ers-this is not bureaucracy with dividuals, then there is every incentive centive to purchase the high-deductible gnashing of teeth, this is, in fact, a role in the world for employers just to drop catastrophic plans. Then you are out of for the public sector to be there to de people. The employers would say, "If the pool. If we go to community rating, f end and advocate for consumers. To the Government is going to do it, let it continues to go up for others who are eliminate the office for consumer advo the Government cover people". This paying for sicker people. If the healthy cacy means that consumers may not could become, by the way, a huge prob- people drop out, the rate continues to have a right to go to court if health lem, a huge problem. The Congres- go up for those that are left in the plans violate the rules, including dis sional Budget Office pointed to this standard premium pool, and more drop crimination in enrollment. We know kind of problem once we started plan- out. It simply does not work when you the power of the insurance industry at ning to give subsidies and tax deduc- get into this kind of segmentation. the State level. To set up an organiza tions to people working for companies Second of all-and this is extremely tion where consumers would have some so they could individually purchase important-the Chafee mainstream strong advocacy and strong representa their coverage. proposal prevents States from going tion would be a step forward. To elimi The real issue here is whether or not, further than Federal reforms. I do not nate that is a step backward. I mean, again, we end up spending a lot of understand that. I am a big believer in consumers do have to be in the deci money to subsidize employers. And if States being the laboratories for re sionmaking loop. They do have to be we only have a limited amount of form, a big believer in grassroots polit represented. money anyway, then we could have a ical culture. I see no reason why States Mr. President, I think one of the real squeeze on people, both the low- cannot do better than what the Federal most serious flaws in the mainstream and moderate-income people who we Government has done. From reading group's proposal is that there would be are trying to give coverage to and a this, States like Maryland, Vermont no expansion of public health pro new group of citizens who could be very and I do not know where Hawaii fits in; grams. At the very time that we are well dropped. I have to say that this is that would be an interesting question trying to talk about how you deliver a fundamental flaw with this plan. New York, Washington, Minnesota, and care out into the communities where Third, the proposal would reduce the Oregon, what steps these States have people live, at the very time that doc size of insurance pools which would taken that go further than the Federal tors in Minnesota tell me-doctors, by raise community-rated premiums for Government could be eliminated. That the way who work for the prestigious small businesses and individuals. I do progress might not be permitted. In ad Mayo Clinic, and what not-that they not think I did a good job explaining dition, States which want to go single wish, in retrospect, they had more of a this on Friday, Mr. President. The payer would not have the option of in public health orientation in their problem is, if you reduce the employer eluding large multi-State employers, training. They see public health out threshold from 500 to 100 or below, in which would be a major barrier to an reach as being key to the foundation of terms of those businesses that would be effective system. preventive health care, how we save within these insurance pools, then you So it strikes me that when you have dollars by delivering care in the com do not have much of a base to spread a set of proposals which are supposed munity on the front end, and we do not risk over. We started out saying we to be a step forward but which essen have any resources for expansion of public health. wanted to help the small business peo- tially prohibit States from doing better One of the reasons I supported the ple. But if you move to such a narrow than the Federal reforms, with States bill that came out of Labor and Human base, then it is fine for companies with not getting the chance to define what Resources Committee is that we put a more employees than that, but if small they want to do, I think that is a seri priority on expanding public health. businesses are in community rating ous flaw, not a step forward. We know if you make that investment, with Medicaid recipients and others-I Third of all, the whole question of in the shortrun, in the medium run, think it is clear they are going to pay parity that Senator DOMENIC! and I and in the long-run, you will be much higher premiums. So the whole issue of have worked on really for several years better off. It is not a step forward to community rating is fine, but it de- now for mental health and substance not have any real expansion for public pends on what community you are in abuse services would not be secure. All heal th programs. as to whether or not you are going to other benefits would be determined by Sixth in the list of additional weak be able to afford the premium. This a board that would not be accountable nesses with the mainstrP-am group pro proposal puts small businesses, I think, to the public. We want some clear lan posal is that community-based provid at a very severe disadvantage com- guage, like we had in the Labor and ers in underserved communities could pared to the Mitchell bill. Human Resources Committee bill, very well be eliminated by provisions Finally, I talked about the proposed which makes it clear that we no longer that would merely require-and I am malpractice reforms. I think the prob- want to have this discrimination where going to use the language-heal th lem- at least the present course with we treat mental illness as if it is not plans to contract with the "reasonable this-is that the direction of what has diagnosable and curable-and it is-and number of essential community provid been proposed by the mainstream . we essentially treat people differently ers as determined by the Secretary, de group protects insurance companies · with caps on how long they can stay in fined strictly as rural health clinics and doctors, but not consumers. There hospitals, anpolitician or an will continue, the Government will pay nificant role of the military in the In editor or a commentator declare that more than it should for goods and serv donesian Government, this relationship "Reagan ran up the Federal debt" or ices; and the taxpayer will pick up the is crucial to any influence we can exert that "Bush ran it up," bear in mind inflation tab. over the future direction of Indonesian that it was, and is, the constitutional Real procurement reform must be policy. duty and responsibility of Congress to comprehensive. It must hold Govern The United States also recognizes control Federal spending. Congress has ment employees and contractors ac that there are limits to this military failed miserably in that task for about countable for results. It must remove relationship and that those limits may 50 years. impediments to efficiency, such as the also depend on progress in human The fiscal irresponsibility of Con maze of specifications and regulations rights. Arms sales to Indonesia still gress has created a Federal debt which that hinder the purchase of commercial need to be scrutinized on a case-by-case stood at $4,671,523,175,439.78 as of the items. It must reward those who basis as authorized by the Arms Export close of business Friday, August 19. produce and penalize those who do not. Control Act, and Congress will con Averaged out, every man, woman, and As the ranking Senate Republican tinue to act as a watchdog over that child in America owes a share of this conferee, I am pleased that the con process. massive debt, and that per capita share ference report on the Federal Acquisi Last year, Congress expressed its in is $17 ,918.40. tion Streamlining Act contains com tention to cut off military training to prehensive reforms. In achieving this Indonesia by denying Indonesia funding agreement, we had good bipartisan co for the International Military Edu THE CONFERENCE AGREEMENT ON operation from both House and Senate cation and Training Program [!MET]. THE FEDERAL ACQUISITION conferees. The conference agreement The clearly expressed will of the Con STREAMLINING ACT represents an appropriate balance be gress was flouted when Indonesia was Mr. ROTH. Mr. President, today Sen tween oversight and streamlining. allowed to pay for its military train ator GLENN and I are filing the con In a nutshell, the agreement makes ing. The prohibition on IMET has been ference agreement on the Federal Ac it easier for the Government to rely on included once again this year. I hope quisition Streamlining Act [S. 1587]. the commercial marketplace to de that-in the future-Indonesia will This bill addresses many problems in velop and refine its needs. It allows make sufficient improvements in its the Federal buying system, a system broad use of commercial practices human rights policy that we can once plagued by multibillion-dollar cost when the Government buys commercial again offer it !MET. Under the ex overruns, programs that are years or items. It repeals or substantially modi panded IMET Program, information on even a decade behind schedule, incen fies 225 statutes that provide little or international human rights conven tives that encourage spending rather no value to the Government's pur tions, human rights laws in the recipi than cost-cutting, and top-heavy bu chases of goods and services. It estab ent's country, and appropriate behav reaucratic agencies that rely on de lishes significantly streamlined pro ior of military personnel are empha tailed regulations rather than good curement procedures for small dollar sized. I believe that this training would judgment. The Government has trouble purchases and commercial i terns. For 23642 CONGRESSIONAL RECORD-SENATE August 22, 1994 small purchases, it also will transform to results instead of costs, and tying the achievements of the people of Ha the paper-intensive procedures into a payments to achievement of measur waii. I believe Hawaii has proven to be computer-based paperless system. With able results. a credit to our Nation. The following respect to acquisition management, Sixth, the conference agreement im brief report will give you some insight the agreement changes the incentive proves the use of operational and live in to the tremendous changes that have structure for the acquisition work fire testing as an objective check and taken place in the 50th State over the force, rewarding those who save time balance on the Defense buying system. past 35 years. and .money and improve quality, while In a system where bureaucratic inter Back in the fifties, times were very penalizing those who perform poorly. It ests carry more weight than results, different. In those days, the concept of also requires agencies to establish pro realistic tests are vital to making sure statehood for a group of tiny islands in cedures that focus on results when weapons work before they are given to the middle of the Pacific Ocean seemed those agencies choose to develop Gov those who must depend on them in bat far-fetched to many. However, the ad ernment-unique items. tle. If the Defense Department would mission of Alaska removed the doubts I want to highlight several key provi embrace independent testing, it would of those who felt the United States sions in the conference agreement. reduce the cost and dissent associated should be one contiguous land mass. First, the bill establishes a top-level with finding problems late in the ac Statehood for Hawaii was not a sud measure of how well agencies are man quisition process. The agreement en den or impulsive idea. During the de aging acquisition programs. This will sures the independence of the testing bate on statehood for Hawaii in the help Congress determine whether hor function. Moreover, it requires the De House of Representatives in March ror stories are unique events or sys fense Department to focus its acquisi 1959, there were no fewer than 88 bills temic problems. It requires agencies to tion decisions on results, and testing pending that would have, if enacted, achieve 90 percent of budget, schedule, provides such objective data. admitted Hawaii as a State. The people and performance requirements; and re Mr. President, I remain concerned of Hawaii, through our territorial leg quires the Defense Department to re about one aspect of the buying system islature, had petitioned the Congress duce by 50 percent the time it takes to that the Congress has not addressed. for statehood on 17 different occasions. field new weapons. If programs are sig The organization is a large bureauc That spirit of determination is still nificantly behind schedule or over racy with layer upon layer of manage alive and growing in Hawaii, and our budget, the agency must terminate ment and dozens of buying organiza small but mighty State is leading the them or justify continued funding. This tions. Many of the bureaucratic layers Nation in some important areas. will enable Congress to hold agencies exist solely for the purpose of satisfy We have heard much recently about accountable for their performance in ing the needs of the bureaucracy and "the Health State." I am proud to say managing purchases. provide no value added. that our babies have the lowest infant Second, the agreement requires that Quite frankly, Mr. President, I do be mortality rate among the 50 States. decisions to fund i terns developed lieve that there should be a reduction Our kupuna, or elderly, population is uniquely for the Government be based in the layers of the buying bureauc among the healthiest. In 1959, approxi on results. Today, these decisions are racy. I am confident that the bill will mately 41 percent of the population based on a consensus among interested result in efficiencies that will permit had comprehensive health insurance. parties. When the bill is implemented, reducing this bureaucracy. But, the bill Today, 96 percent of Hawaii's popu before us today does not require a re the decisions will be made on whether duction in the roughly 20 layers of lation is covered, and we enacted a new an item meets requirements, is within management in the Federal buying sys plan just 3 weeks ago designed to bring budget, and is available when needed. coverage up to 100 percent. Third, the conference agreement di tem. I intend to pursue legislation in Our territory of 600,000 American rects agencies to tie pay and other in the future that will get rid of excess layers in the buying system. citizens in 1959 has almost doubled in centives to program performance rath A decade ago, I sponsored the legisla 35 years. No territory, with the excep er than the size of a manager's budget. tion to create a commission to fix the tion of Oklahoma, ever possessed a pop The pay-for-performance provisions are problems in the Defense buying sys ulation as large as Hawaii's at the time extremely important to the overall tem. That bill led to the creation of the it sought statehood in the Union. Con success of the biU because they provide Packard Commission. My colleagues sider these facts in 1959. Hawaii an incentive for members of the acqui may remember that I also sponsored brought into the U.S. Treasury $166 sition work force who find ways to ful legislation to implement several Pack million in taxes, putting Hawaii ahead fill needs at the lower prices and short ard Commission recommendations. of 10 States as taxpayers. The per cap ened time lines associated with buying Some proposals were enacted, but ita income of Hawaii was $1,821, rank commercial items. The pay-for-per many were considered too bold. The ing it 25th amongst the States, and the formance language will restore ac conference report on the Federal Ac total income was more than in eight countability to the Federal buying sys quisition Streamlining Act contains States. Current per capita income is tem. key Packard Commission recommenda more than 24 times that original Fourth, the legislation reverses the tions, and I am happy that, after 9 amount and last year the people of Ha preference for buying Government years, the Congress is acting. I am waii contributed $4.3 billion to Federal unique items. It requires use of com pleased to join with Senator GLENN and coffers in the form of taxes. mercial items, unless it is shown that my fellow conferees in urging the pas We have worked diligently to make they do not meet actual Government sage of the conference agreement. our State education system the best it needs. It also streamlines the purchase can be, and I believe we have done a of commercial i terns by exempting good job. Our young people are choos them from Government-unique certifi HAWAII SPEAKS ELOQUENTLY TO ing higher education at ever-increasing cations and accounting requirements. ALL OF HOPE, PEACE, AND UNITY rates. Hawaii boasts several Blue Rib Coupled with the new incentive sys Mr. INOUYE. Mr. President, on Au bon Schools. Thirty-five years ago, Ha tem, this bill provides a real oppor gust 21, 1959, 35 years ago, the State of waii's college student population was tunity for overcoming the so-called Hawaii became the 50th State of this also one of the highest per capita in not-invented-here syndrome that has great Nation. After nearly 40 years of the Nation. Just after statehood, 10,000 prevented Government from buying congressional debates, investigations, were enrolled in higher education pro commercial items to do its work. hearings, and visitations, we achieved grams. Today over 60,000 are choosing Fifth, the bill implements pay for what so many of us in the Territory of that path. We have developed special performance for con tractors, including Hawaii deeply desired. ized programs for the most underserved use of contractor's past performance in The State of Hawaii has come a long group in our State, the native Hawai decisions for future work, tying profits way since 1959 and I am very proud of ians, and are better preparing our August 22, 1994 CONGRESSIONAL RECORD-SENATE 23643 school-age children for learning with ten into the pages of world history on forming his own company, Jackson Head Start Programs. We know that it the battlefields of Europe, the Pacific Litherland & Associates. is not necessary for our children to Ocean, Korea, Vietnam, and Desert I met Frank when I served Gov. Har travel to the mainland for a top-notch Storm and in the many civic, economic old Levander in the late 1960's. He rep education. Admissions at the Univer and cultural achievements Hawaii has resented veterans and realtors honestly sity of Hawaii on Oahu and in Hilo and shared with the rest of the United and persistently. When I showed signs at the community colleges on Oahu, States. of interest in public service, he encour Maui, Kauai, and Hawaii have gone up So, as we celebrate our 35 years of aged me-advised me-and supported consistently, and we are expanding this statehood, the people of Hawaii hope to me. excellent system every year to make it inspire their fellow Americans who can Throughout my years of service to accessible to students on all islands. experience in Hawaii the idealism, spir Minnesotans in the Senate, Frank pro In 1959, sugar was king; 974,000 tons of it, and opportunities envisioned by our vided wise counsel-especially on be sugar were produced in Hawaii. Times Founding Fathers for all citizens. I be half of the men and women who, like have changed, and the closure of two lieve that Hawaii speaks eloquently to himself, had served their country in more sugar plantations will challenge all of hope, peace, and unity. time of war. Hawaii yet again. Despite this trend, The passing of Frank Litherland is the sugar industry is still a strong and deeply mourned not only by Carol and important part of Hawaii agriculture. HONORING FRANK LITHERLAND the children, son-in-law Bob Marcotte, Hawaii is looking ahead to many new Mr. DURENBERGER. Mr. President, daughter-in-law Rikka, and grand agribusiness ventures, including en I rise today to commemorate the pass children Chad, Stacee, Regan, Sara, hancing markets for tropical fruit, ing of a truly great citizen of Min Mathew, and Krysta-but by all of us macadamia nuts, flowers, forest prod neapolis. Frank Litherland-"Big who were Frank's friends. I know that ucts, aquaculture, and tropical plants Frank" to the many of us who were his I am just one of many who will miss that can provide an important source friends-was a true patriot whose serv him deeply, and I ask my colleagues to of pharmaceutical and herbal products. ice to his country began with his he join me in commemorating his passing. My family came to Hawaii from roic combat role in World War II and Japan to work in the plantations, continued with a long and exemplary along with people from Portugal, civilian career in real estate. VIOLENT CRIME CONTROL AND China, Korea, and the Philippines. The Frank was born in 1924 in a cabin on LAW ENFORCEMENT ACT OF plantations hold an enormous eco a logging camp in Koochiching County. 1994--CONFERENCE REPORT nomic and cultural history for all of As a teenager, he already showed the The PRESIDENT pro tempore. Under Hawaii's people. That will never be for initiative that would make him a great the previous order, the Senate will pro gotten, but I look forward to the new success in later life. He worked part ceed to the consideration of a report of opportunities that the present era will time unloading salt bags at the Morton the committee of conference on H.R. bring for Hawaii agriculture. Salt Co. and was enrolled in the Uni 3355. Thirty-five years ago, when the Mem versity of Minnesota High School Gift The report will be stated. bers of Congress debated the suitability ed Students Program. The legislative clerk read as follows: of Hawaii as a State, there were ques In 1942, Frank enlisted in the U.S. The committee of conference on the dis tions of Americanism. Let me give you Army and attended jump school. After agreeing votes of the two Houses on the an example. During World War II, the obtaining Airborne Ranger status, he amendment of the House to the amendment loyalty and patriotism of Americans of served in Sicily, North Africa, and Nor of the Senate to the bill (H.R. 3355) to amend Japanese ancestry living in Hawaii mandy with the 82d Allied Airborne. the Omnibus Crime Control and Safe Streets were called into question. When we fi He played a significant role in the Act of 1968 to allow grants to increase police nally received the call to duty in early liberation of Europe-a role we com presence, to expand and improve cooperative efforts between law enforcement agencies 1943, 1,500 Hawaii volunteers were memorated earlier this year at the 50th and members of the community to address sought by the U.S. Army. In less than anniversary ceremonies of the D-day crime and disorder problems, and otherwise a week, 15,000 had volunteered. And Ha landing. On D-day, he was dropped be to enhance public safety, having met, after waii was not yet a State. hind enemy lines to secure landing full and free conference, have agreed to rec We continue our strong commitment areas for the British glider units. ommend and do recommend to their respec to military service. Just 2 years before In Belgium during the Battle of the tive Houses this report, signed by a majority statehood 59,000 military personnel Bulge, he was taken prisoner by the of the conferees. were stationed in Hawaii, and an addi Germans. After they took his boots The PRESIDENT pro tempore. The tional 25,000 were Federal employees. from him-to prevent him from mak Senate will proceed to the consider Hawaii ir. still home to several large ing an escape attemp~he stole the ation of the conference report. defense installations, and we continue boots of a German soldier and escaped (The conference report is printed in to demonstrate our support for our Na all the way back to Allied lines. the House proceedings of the RECORD of tion's military. In addition, we are now His active service earned him a Sil August 21, 1994.) involved in creating a state of the art ver Star, two Bronze Stars, and four The PRESIDENT pro tempore. The medical facility for veterans, to better Purple Hearts. Senator from Delaware [Mr. BIDEN]. serve the people of Hawaii who gener Sidelined by serious wounds in early Mr. BIDEN. Mr. President, we are ously put their lives on the line for us. 1945, he came back to America. Only 21 now, I assume, on the conference re It is clear that none of the concerns years of age, he had already lived a full port on the crime bill. To put it an expressed in those years preceding and productive life. But his life was other way, as I see it, we finally are statehood have become reality. Hawaii just beginning. one step, one last step, away from get did not fall to communism. Hawaii's In November 1946, he married Carol ting a significant crime bill to the distance has not diminished the who would be the mother of his three President's desk. strength of the United States, but in children-Gail, Mark, and Craig. It seems that it is my responsibility, fact has enhanced its military and eco In 1947, they came home to Min along with Senator HATCH and others, nomic power. Further, Hawaii remains neapolis. Frank worked at Warner to report what changes that the House one of the greatest examples of a Hardware and the Twin City Arsenal, of Representatives made and we, the multiethnic society living in relative and by 1952 he was able to form his own Senate conferees, concurred in as dis peace. construction business. tinguished from what we passed in the The people of Hawaii have been de His next move was into the real es crime bill back in November in this voted for many decades to the ideals of tate business. He served as vice presi body by an overwhelming vote-I think America. That devotion has been writ- dent of Bermel Smaby Realty before only 2 people voting "no"-from what 23644 CONGRESSIONAL RECORD-SENATE August 22, 1994 we passed in the House-Senate con John W. Morrow, Jr., Mayor of Gainesville, ing Officer knows better than anyone, ference a couple of weeks ago. Georgia. this President, President Clinton, has Today, as we begin consideration of Paul Helmke, Mayor of Fort Wayne, Indi reduced the Federal work force to a ana. the crime bill that from my perspec Jim Naugle, Mayor of Fort Lauderdale, level lower than any time since I have tive has basically been 6 years in the Florida. been a U.S. Senator- and that has been making, the crime conference report is Robert P. Morris, Mayor of Chambersburg, 22 years-and if I am not mistaken, and supported, even after its second incar Pennsylvania. I will stand corrected if I am, I believe nation coming out of the conference Norm Rice, Mayor of Seattle, Washington. all the way back to the administration committee and being passed by the Jerry Abramson, Mayor of Louisville, Ken- of John F. Kennedy in the early 1960's. House over the weekend, by every law tucky. In addition to that, he has suggested, Michael White, Mayor of Cleveland, Ohio. enforcement organization in the Na Paul Soglin, Mayor of Madison, Wisconsin. and we have legislated in the Congress, tion: Kurt Schmoke, Mayor of Baltimore, Mary- that we will further reduce that work I ask unanimous consent to have land. force by over almost a quarter of a mil printed at this place in the RECORD a Emanuel Cleaver, Mayor of Kansas City, lion people over the next 6 years. That listing of that support for the crime Missouri. is in absolute numbers. They are the bill. Dennis Archer, Mayor of Detroit, Michi- absolute total reduction. There being no objection, the mate gan. So what is happening here is we have Cardell Cooper, Mayor of East Orange. asked the various committees with ju rial was ordered to be printed in the Rita Mullins, Mayor of Palatine. RECORD, as follows: Mike Peters, Mayor of Hartford, Connecti risdiction and the various offices at the SUPPORT FOR THE CRIME BILL cut. executive and legislative level-the Of POLICE GROUPS Ed Rendell, Mayor of Philadelphia, Penn fice of Management and Budget, the Fraternal Order of Police [FOP] sylvania. Congressional Budget Office, and so National Association of Police Organiza REPRESENTATIVES OF THE NATIONAL LEAGUE forth-how much money is going to be tions [NAPO]. OF CITIES available in savings from this cut in International Brotherhood of Police Offi Sharpe James, Mayor of Newark. the work force, the Federal work force, cers [IBPO]. Tom Werth, Mayor of Rochester, Michigan. over the next 6 years. National Sheriffs' Association [NSA]. OTHER CITY OFFICIALS I might add, we have exempted in International Association of Chiefs of Po Butch Montoya, Manager of Safety, Den- that work force cut, Federal law en lice [IACP]. forcement officers as part of that. So National Organization of Black Law En- ver, Colorado. · forcement Executives [NOBLE]. REPRESENTATIVES OF THE NATIONAL we are not stealing from Peter to pay National Trooper's Coalition. ASSOCIATION OF COUNTIES Paul. We are not suggesting that we Major Cities Chiefs. Neal Potter, County Executive, Montgom are adding more police and we are add International Union of Police Associations ery County, Maryland. ing more law enforcement and at the [IUPA]. Doug Bovin, Commissioner, Delta County, same time cutting Federal law enforce Police Foundation. Michigan. ment. We are not doing that. Police Executive Research Forum [PERF]. Randy Johnson, County Commissioner, So I know the Presiding Officer and . Federal Law Enforcement Officers Associa- Hennepin County, Minnesota. Arthur Blackwell, Chairperson, Board of my colleague from Utah, the ranking tion [FLEOA]. member of the committee, understand PROSECUTOR GROUPS Commissioners, Wayne County, Michigan. Mary Boyle, Commissioner, Cuyahoga this full well. But sometimes our jar National District Attorneys Association. County, Ohio. gon here in the Senate is very confus National Association of Attorneys General. Julia Gouge, Carroll County, Maryland. ing to people listening to debate. CITY AND COUNTY ORGANIZATIONS Earline Parmon, County Commissioner, So to say it again, this bill pays for National Conference of Republican Mayors Forsyth County, North Carolina. itself. It pays for what it promises, not and Municipal Elected Officials. Prince Preyor, County Commissioner, by new taxes but by the reduction in National Conference of Democratic May- Madison County, Alabama. the work force. They are tax dollars. ors. VICTIMS GROUPS We will hear people who still want to United States Conference of Mayors. National Organization for Victim Assist oppose this bill notwithstanding they National League of Cities. ance [NOVA] National Association of Counties [NACO]. got a bipartisan result out of the House OTHER ORGANIZATIONS AND ENTITIES on the weekend-I am confident we will POLICE OFFICIALS/DEPARTMENTS Handgun Control, Inc. William Bratton, Commissioner, New York hear Members come to the floor and Police Department. Mr. BIDEN. This bill is unique in two say this is another Democratic big Matt Rodriguez, Superintendent of Police, respects. spending bill and it is going to raise Chicago. First, unlike any other authorization your taxes. Phil Keith, Chief of Police, Knoxville, Ten bill, as no one knows better than the The Presiding Officer has the unfor nessee. chairman of the Appropriations Com tunate distinction of almost every time Charlie Austin, Chief of Police Columbia, mittee, our Presiding Officer and Presi I come to speak on this bill he is the South Carolina. dent pro tempore of the Senate, this Presiding Officer, and I have spoken on Joseph Croughwell, Chief of Police, Hart bill pays for what it promises right in this bill a lot, as he will recall. He has ford, Connecticut. Prince George's County Police Depart the bill through the violent crime con heard me say time and again the legiti ment. trol trust fund, which i wish I could, as mate argument to be made, by my I have said before on the floor-I wish friends on the Republican side who MAYORS I could say I was smart enough to have choose to make it, is that this crime Rudolph W. Giuliani, Mayor of New York, New York. thought of; that it was my idea. But, in bill will in fact not allow a further re Richard J. Riordan, Mayor of Los Angeles, fact, it was the brainchild of two lead duction in taxes. It will not increase California. ing Republicans and the leading Demo taxes. Richard M. Daley, Mayor of Chicago, Illi- crat, the Presiding Officer. The bottom There are two arguments we made nois. line, to use that trite phrase, is it is a here on the floor, as the Presiding Offi Kay Granger, Mayor of Fort Worth, Texas. mechanism by which what is promised cer will remember. When the Presiding Bob Lanier, Mayor of Houston, Texas. in this crime bill is paid for in a trust Officer and others came up with the George 0. Stewart, Mayor of Provo, Utah. fund. idea of the trust fund, some stood up Franklin T . Gerlach, Mayor of Ports- mouth, Ohio. The trust fund now holds $30.2 billion and said, "Wait a minute, this saving Warren H. Haggerty, Jr., Mayor of Read in savings related to the Federal Work which we all acknowledge is going to ing, Pennsylvania. Force Reduction Act over the next 6 come from cutting the Federal work Raymond J, Parker, Jr., Mayor of Jef years. Put in simple terms for those force, the number of bureaucrats, we fersonville, Indiana. listening to this debate, as the Presid- should take those savings and reduce August 22, 1994 CONGRESSIONAL RECORD-SENATE 23645 the deficit by that number. That is bureaucrats for prison cells, Federal and then provides for their use to fund the what we should do with it." That is a bureaucrats for State judges, Federal crime bill. It provides a real and enforceable legitimate point. That is a reasonable bureaucrats for State prosecutors. method to pay for this important purpose. argument. Notwithstanding the fact That is what this bill does in simple The Senate endorsed the trust fund on a bi partisan basis. It is not a gimmick. It rep this President has presided over a re basic terms. resents exactly the kind of honest budgeting duction in the deficit-3 years in a row, As explained in detail by Chairman which all members of Congress can, and the projected deficit being reduced be SASSER, the chairman of the Senate should, support. yond what anyone thought-it is not il Budget Committee, the trust fund, and Sincerely, logical, nor is it bad policy to argue we I quote, "guarantees that the money JIM SASSER, should reduce it even further and we will be available. It achieves real sav Chairman. should take the savings we get from ings, locks them in and then provides Mr. BIDEN. Mr. President, the sec cutting the Federal work force, the for their use to fund the crime bill. It ond point I would like to make-and I Federal bureaucrats, and reduce the provides a real and enforceable method am not suggesting the presence of my deficit. to pay for this important purpose." friend from Utah will be the reason for In November of last year, the vast I ask unanimous consent that the en what I am about to say-the second majority-I forget the exact vote, 94 of tire letter from the chairman of the point I would like to make before the us or 95 of us, Democrat and Repub Budget Committee be printed in the hysteria begins on this debate-and lican-said no, we think the crime RECORD. there will be no hysteria from my problem in America is so great, is so There being no objection, the letter friend from Utah; there never is, but dire, is so serious that we have to put was ordered to be printed in the there will be on this floor. We will hear a plan in place that will last for 5 years RECORD, as follows: some unusual assertions relative to so law enforcement officers can plan U.S. SENATE, this bill which bear little or no rela ahead, like we do with the Defense De COMMITTEE ON THE BUDGET, tionship to fact. Washington, DC, June 16, 1994. partment. DEAR CONFEREE: In recent weeks, the Although I have been here a long We do not say to the Defense Depart crime trust· fund in the Senate crime bill has time, not nearly as long as the Presid ment, we are going to build a plane been attacked as more " smoke-and-mirrors" ing Officer, but 22 years is a fair this year, and maybe next year we will budgeting. As chairman of the Senate Budg amount of time to be in one place, I or will not. We, in effect, say, here is et Committee, I've seen my share of budget have never had the experience I had what we are going to commit to in the gimmicks. I've also watched a number of this weekend, I might say, to my col outyears so you know, you can plan. crime bills pass through this chamber which leagues. And that is, I had the distinc promised plenty, but delivered little money We basically said for the first time to back those promises. tion and the honor of being the only here for American law enforcement-by My examination of the Senate version of U.S. Senator, for the most part, and law enforcement I mean State judges, the Crime bill reveals a fundamentally dif then one of only two, Senator HATCH Federal judges, local prosecutors, State ferent approach from any previous govern being the other, who was able to spend prosecutors, local law enforcement, ment commitment on crime. In the past, 3 days in a row, 4 days in a row until 5 FBI, Drug Enforcement Administra critics have rightly pointed out that many of o'clock in the morning on average with tion, prison officials, that is what I the programs authorized in crime legislation my Republican and Democratic House never received the necessary funding to get mean by the totality of law enforce them off the ground. Members, with a group of the Repub ment-we have said in this crime bill, This bill creates a separate trust fund lican leadership, the Democratic lead we are not only going to appropriate which guarantees that the money will be ership and Republican freshmen, as for next year, we are going to make a available. Instead of merely promising new well. It was a real eyeopener as to how promise; we are going to set up a trust programs, this bill delivers dollars to back the House works differently than the fund. So we tell them, "You can plan its commitments. It identifies a real source Senate works. Truly, it was an edu of funding, and it sets aside that pool of on x amount of dollars from the Fed money exclusively . to pay for the purposes cation. eral Government to help you in the authorized in the crime bill. This will work. What I found over there is because States to fight crime over the next 5 First, the trust fund, as well as the Federal everyone thinks they are an expert on years," and we have now said 6, al Workforce Restructuring Act, achieves real, crime, there was a lot of misinforma though we cannot bind the sixth year, scorable reductions in spending on the Fed tion, unintentionally generated. First, as the Presiding Officer knows better eral workforce. These laws do this by impos quite frankly, I thought this was some than I do. But it is a commitment. It is ing enforceable caps on Federal full-time what disingenuous in the meetings I equivalent positions. a hard commitment for the 5 years. Next, the Violent Crime Reduction Trust was in. I would be in a meeting with So if my friends argue against this Fund language reduces the caps on discre three or four Republicans and five or bill and want to come back and argue tionary spending. This ensures that the Con six Democratic leaders, and they would that the trust fund should be going to gress cannot use these savings for any other turn to me: "Joe, OK, what about reduce the deficit instead of fighting purpose. If any Senator sought to spend this this?" And they would make asser criminals, that is legitimate. That is a money-to spend in excess of the newly-low tions-and sometimes Democrats as legitimate argument, and there are ered caps-for any purpose other than the well-make assertions that bore no re crime bill, then any other Senator could some policymakers who would argue raise a point of order that would take 60 lationship to what the bill actually did. that is the better thing to do, and I do votes to waive. Furthermore, if the Senate At first I thought, wait a minute, not criticize anyone who says that. waived the point of order or otherwise passed people are misleading people. But I But I do take issue with anyone-you a law that exceeded these newly lowered later found out-and I say this in all hear people I am sure either because caps, then the law requires the President to sincerity-that this is stuff that Sen they have not had time to think it order across-the-board cuts to lower the ator HATCH and I and the Presiding Of through or for some other motivation, level of appropriated spending down to the ficer deal with every day and it is com will come and say, "This means $30 bil level of the newly-lowered caps. This is real plicated legal and constitutional is enforcement. lion in new taxes, and it's a big spend Finally, the crime bill creates the Violent sues, is not understood by everyone. I ing program over 6 years"-they will Crime Reduction Trust Fund itself, and de say bluntly, I do not have nearly the not even say over 5 years, they will say posits into that trust fund exactly the expertise of the Presiding Officer and $30 billion in new taxes. That is not amount of money by which the bill lowers my friend from Utah on the health correct. That is not, in my view, a le the appropriations caps. The bill then pro issue. My friend from Utah is the rank gitimate argument. The first is, the vides that Congress may spend this amount ing member on the Judiciary Commit of money on the purposes authorized in the second is not. crime bill without triggering a point of order tee and was the ranking member on the So back to my main point. This bill or across-the-board cuts. Labor Committee. He knows the health pays for what it promises by trading In sum, the Violent Crime Reduction Trust care issue inside and out. When they Federal bureaucrats for cops, Federal Fund achieves real savings, locks them in, start talking about HCFA's, PCVA's- 23646 CONGRESSIONAL RECORD-SENATE August 22, 1994 all these acronyms-I have to literally So we decided to go after violent we passed out of this body in Novem go to the book. criminals, and we did that by increas ber. When you start talking about the ing penalties; we did that by putting In November, when we passed the fourth amendment, the sixth amend more cops on the street. But one of the Senate crime bill, that-get the exact ment, the second amendment, I do not most important ways we did that was number, please. Find out the exact have to go to the book because that is to provide the States the money to number that voted for this bill. I know all I have primarily been doing for the build new prison cells. So they do not only two voted against it, but I do not last 20 years in this place. go through what they go through in a recall how many were absent. Ninety I want to make it clear when I say city, which I love and know well, be five Senators voted for the crime bill hysteria, you will hear people come to yond my State, the city of Philadel that we sent over to the House of Rep the floor in support and opposition to phia. Every Friday, or almost every resentatives that had only $6.5 billion this bill who will say this bill does cer Friday-I think it is every Friday-I and $500 million of that was for juve tain things that it does not do. Not be am sure there are exceptions based on niles, which we want to deal with as cause they are being in any way malev the holidays and the like, but every well, who are hardened kids who should olent or misleading but because it is Friday the city judges who are in the be in maximum security type places kind of complicated and particularly court of general jurisdiction, that is, for juveniles. for some who are not lawyers. I know the court that tries felonies, get to Now, the bill I am bringing back in the public at large, it is an asset not gether in their conference room. here, I say to the Chair and my col to be a lawyer. But it is a mild liability What happens, I say to the Presiding leagues, has $9.7 billion-$3 billion-plus not to be a lawyer when you are under Officer, is that they are given a list by more than we passed out of here. So we standing some of the arcane and com the city prison system and the county are bringing back a tougher bill than plicated features of the criminal jus jail system, and it has the names of 20, tice system. left here. And 95 Members thought the The second point I would like to 30, 50, 100 people on it. It says to the one that left here was tough enough to make, as we engage in what hopefully distinguished court sitting in private, vote for it. will be a short debate, meaning we will you must release 10 of these people or Now, that is the second way we deal be able to vote on this crime bill con 20 or 30 or 50. You must release them. with these violent criminals in this ference report tomorrow and we will They have not served their time. They crime bill, because we provide the not be obstructed by procedural road have not finished their sentence. They, money for the States, I say to the Pre blocks to keep from being able to vote in fact, should stay in jail, but because, siding Officer, to build 105,000 new pris on it-we could vote for this thing to judges, we convicted x number of peo on cells and to maintain them, and to night at 5 o'clock, 6 o'clock. That is ple this week in the city court system keep them open-105,000. possible. I doubt whether that will and they have been sentenced to jail as Excuse me. Now it is up to 125,000 be occur, and I fear what may happen is felons this week, we do not have any cause we dropped the operating costs we may have a protracted, fractious place to put the new guys, so you have out of it in terms of what they could and mildly partisan debate that may to let somebody out of jail who has not do. This changes every day. It gets take place as the last stop on the train finished their term, who is a violent tougher every day. But we have money before this significant bill gets to the criminal, because we have to put a new for 125,000 State prison cells-not Fed President's desk. violent criminal in jail. And it is better eral prison cells, State. So my purpose here is to take a little to let somebody out who has served at Excuse me for checking here. I just bit of time before the white hot heat of least a little bit of time than not to want to make sure I am accurate. It is the battle begins to lay out what ! put someone in who has served no 125,000 new prison cells that the States challenge is the wrong word-I suggest time. over the next 6 years will be able to to my colleagues is what is, in fact, in Now, it reminds me-and I said this build. this bill. The first principle is this bill last week and I was not being face That is a big deal, I say to my col pays for what it promises. tious-of the choice, Barabbas or Jesus, leagues in the Senate, because what it The second point I want to make is Barabbas or the Lord. Who do you let does is those 30-if we had that money that the bill attacks crime on two out? Well, they are letting a lot of out there now and they were built, fronts: Punishment and prevention. "Barabbi" out, a lot of guys named none of those States would have let out And for the first time since I have been Barabbas are being let out of jail, and those 30,000 prisoners. They would have responsible for authoring these pri they are going right back on the street kept those people who were in the pris mary bills on the Senate side, for the and they are raping; they are murder on cells longer than they now keep first time it does both at the same ing; they are killing. them. time, I say to the President of the Sen If you think that is hyperbole, if you So we also target, though, in terms ate: Violent criminals, the premise of think that is an exaggeration, pick up of punishment, nonviolent offenders, the bill, and it follows through on the the newspaper in any town or city in nonviolent offenders who still should premise, the violent criminals must be which you live and there will not be a be punished. They must be moved to removed from our communities and put week that goes by you do not read the more cost-effective, lower security sys behind bars for longer periods of time. following: John Doe was arrested today tems-not for their sake because you Last year in the States, there were a for allegedly raping Mary Smith. John want to be nice to them, but because of total of 30,000-not Federal Govern Doe, a convicted rapist, having served the taxpayers. ment-in the States, 30,000 violent only 18 months of a 12-year sentence, It does not make any sense to put criminals who were convicted by a jury was rearrested today. In every one of someone-as JOHN GLENN has said re or pled guilty, found guilty or pled our States, every one of our cities of peatedly on this floor, if a Quonset hut guilty after all their constitutional any consequence in size, every one of was good enough for me as a marine, rights were granted to them. There our newspapers in our States runs although I got a little round-shoul were 30,000 violent criminals convicted headlines like that every day of the dered sleeping up against that curved who never served 1 day in jail-not 1 week. wall, if a Quonset hut was good enough day in jail. They were let free, and the Now, what we do here is we target for me, somebody who is a nonviolent reason for that was the States have no violent criminals in one piece of this offender, who we do not have to worry prison space, and roughly 37 States-it major legislation. The violent crimi about breaking out, why should that fluctuates, I say to the Presiding Offi nals are provided for in this bill in a person be in a cell with lighting that cer-but I think it is 37-now it is 32 number of ways. One, we toughen pen meets certain specs with the following, States are under Federal court orders alties. And, two, there is in this con and so on. He said if a Quonset hut is or court orders by their own States re ference report that is coming over al good enough for a marine, it is good lating to overcrowding. most $3.7 billion more for prisons than enough for a nonviolent offender. Flip August 22, 1994 CONGRESSIONAL RECORD-SENATE 23647 up some barbed wire, put up a fence, about 6 million of them in America States-we do not give them all the provide a Quonset hut, make them the average addict commits 154 crimes money to do that, we do not have the work when they are in those boot a year. I do not mean the average drug money to do that, but we encourage camps. Good enough for him, good user, or addict. These are the folks them to go forward. enough for our soldiers to go through that are, as they say in the jargon, The other thing we do is we provide that without the barbed wire, it is cer "strung out, hooked." They commit 154 $1 billion in here for drug courts over tainly secure enough and good enough; crimes a year, most of them felonies. the next 6 years. Let me explain how we should not have to provide any There is a real simple reason they do the drug courts work. This is again more for these offenders. that. Their dads and moms do not own how we deal with nonviolent offenders. So we put them in jail. That has a banks. They need money to buy these There were 1.4 million people last year concomitant effect, and that is, it frees drugs. So they steal, they rob, and they who are drug users, convicted of violat up even more space to keep hardened do it usually while they are high on ing the law. They are young, under the criminals. So if I take the nonviolent this stuff. When they are high on this age of 28, first-time drug users, low offender out of a cell that costs my stuff and they steal and they rob, level people. State $30,000 a year to build, maintain, sometimes they gratuitously shoot and Of those 1.4 million, having pled and run, and put him into a boot camp kill people. guilty or convicted, there are the fol on a cot in a Quonset hut that is sani So we let out of jail 200,000 people lowing alternatives: They plead guilty, tary, clean, good heal th provided, who are addicted to drugs. and we put them in prison. There are meets the eighth amendment require What are they going to do when they laws that say if you violate with even ments for 40 percent less cost, it makes get out? They served their time. So a small amount of drugs in States, and sense for us to do that. you cannot say they did not serve their federally, you are eligible to go to pris So we deal with nonviolent offenders time. They served their time. But what on. Or we could say we put you on pro by providing money for lower security do they do? By the time that bus gets bation, but you are under intense su prisons, money for boot camps to en them into the center of the city, they pervision. Or we can say you are on sure that there are enough first-time, are getting their next hit. But this probation and we will see you later. If nonviolent offenders freeing up prison time they do not have any money. we do not arrest you again, you are OK. space for hard-core criminals. They do not have anything to trade off There are all kinds of things the States Today, right now, these offenders get like they traded off in prison. They do. When I say "we," the Federal Gov off easy, I say to the Presiding Officer. trade off meals, cigarettes, money from ernment gets these people, and they The crime bill encourages States to their friends on the outside. They trade put them in jail. They get convicted at mandate, when they have these people off everything. the Federal level. You go to jail, and in prison, drug testing and treatment What do they do? They find my wife you serve 85 percent of your time. But and strict supervision in the prison. We or a school teacher coming out of the the States do not do it that way. are not talking about saying, well, mini-mart, after teaching all day, So last year 1.4 million young, non rather than put that first-time drugee going to get the groceries. They find violent, first-time drug users were con who has been convicted of a felony in her in a parking lot. They find me as I victed-not accused-convicted. Of that jail, "Let's just put him in treatment," walk from here to the train station to 1.4 million people, 800,000 of them got meaning he or she is out on the street, commute home. They find the guy run some sort of test, treatment, imprison has all his or her freedom. That is not ning the 7-Eleven Store, the mini ment or probation. But for the 600,000 what we are saying. mart. They find the gas station opera of them, every one is an accident wait We are saying, instead of what you tor. That is where they get the money. ing to happen; 600,000 of them got no did last year-last year, after having What we do in this bill, Mr. Presi supervision, no testing, no treatment, no jail. They were released. served some or all of that sentence, dent? It is not brain surgery. This is They are not all bad people. They are prisoners in the State system-you see not rocket science. We say we provide not all horrible people. Some of them those movies like "Cool Hand Luke" money to the States to encourage them are. The one kid who never tried any where the fellow serves his time in jail, to set up in the prison system-for thing in his life and is at a party, tries and as he walks out of the prison gates, their nonviolent folks, as well as their once, the cops come in, and nail them, with all the doors clanging behind him, violent folks-drug treatment and test and it is "Oh, my God." he gets to the main gate and some ing to test these people randomly to That happens. It really does. We hard-looking prison officer says, "Here find out whether they are using. know that from our life experiences. is your bus ticket," and they give him Mr. President, at first-when I say at We know that from our children, from a bus ticket and meal money and send first-when this drug problem started our children's friends, and our neigh him home. in earnest 15 years ago, we thought bors' children. It is sad. But it is true. Last year, when they gave a bus tick without the body of scientific informa But some of them have been users for a et and a meal to 200,000 of those people, tion we now have that the only way while, and just got caught this first they gave it to somebody who is still you treated an alcoholic, a drug time. addicted to drugs as they walked out abuser, or a polyabuser, was if they saw So what happens when we let them the door. I want everybody to under the Lord; they came and said, you out with no help, no supervision, no stand what I just said; 200,000 people, know, "I am down as far as I can go." punishment? They go back in, and use after having served this time in jail, That Frank Sinatra movie from years it again. And in the process, they vio walked out of jail addicted to drugs. ago, "The Man With The Golden Arm." late not only a law, but they violate They said, "How could that be?" Well, It was not until they hit the bottom somebody else's rights. I am preaching to the choir. I see the that they could be helped. That is fac So in this bill, we set up a thing Senators from Maryland and Utah are tually not true. We have found there is called drug courts. The model, not pre here. And the Senator from West Vir no distinction between the help af cisely the same, is what happened in ginia, our Presiding Officer, knows forded someone who is forced into Dade County, FL. In Dade County, FL, that there are drugs in prisons. They treatment and someone who volun where they have a gigantic problem be continue to get drugs in prison. They tarily goes in; none. There is success in cause of the drug trade in southern get smuggled in. So that is why they treatment programs which I will go Florida, and all of the Sou th American are still addicted. into at a later date in this debate. drugs coming through there, like all I want to remind everybody what But, to sum up, we provide many the ports of entry, like New York and they already know. But it is worth re things for the nonviolent offender, one the Southwest, now the Northwest minding them; that is, that a cocaine of which is boot camps, which are with heroin coming in through the addict, a drug addict, a heroin addict, a cheaper for the taxpayer. Another one triad from Hong Kong; they have a se speed addict, an addict-and there are is drug testing. We encourage the rious problem. They decided several 23648 CONGRESSIONAL RECORD-SENATE August 22, 1994 years ago they were going to set up a drug court being set up got rearrested; crime and problems, and you put a new system because they realized that almost half. Since the drug courts were Boys Club or a Girls Club in the base the portion of the 600,000 people they put in, 3 percent got rearrested. That is ment of this housing project, and none let out after being convicted, with no a big deal. That means 40 percent of over here, guess what you see a year supervision, just ended right back these people were not committing later? The incidents of drug use, ar again as second offenders. But in the crimes against all of us. But right now, rests, and violent crime committed in meantime, maybe they broke some 600,000 walk the streets. the project that has a Boys Club and a body's leg, stole somebody's car, or Another thing we did to deal with Girls Club is-measurably, demon maybe they committed a fatal act and nonviolent offenders in this bill, and strably, and able to be proved-less. killed somebody in the process. people who are not offenders yet but we My staff gives me these statistics, So what happened was they set up know they are going to become offend which I will read into the RECORD. A the following system. They said we are ers-Mr. President, I know of no one recent independent evaluation has re going to spend more money. If we di more committed to the Constitution ported that housing projects with clubs vert this first-time offender in the and its principles than the President experience 13 percent fewer juvenile main court system, into the drug court pro tempore. He and I, and everybody crimes, 22 percent less drug activity, system-and, by the way, I need not on this floor, know that we cannot, and 25 percent less crack use than do tell the Presiding Officer, and I cer even if we identify somebody we know projects without the clubs. tainly do not have to tell the Senator is going to end up being in the criminal You say, well, that does not solve the from Maryland, being from a large city or drug stream, we cannot say: We are problem, Mr. EIDEN. Let me ask you, like Baltimore. going to brand you and put you in jail. how many cops do you have to hire to One of the biggest complaints of the But the truth is, we all know enough be in those projects to reduce juvenile local judges is that their courts are about human nature, I will bet you-I crime by 13 percent, drug activity by clogged with drug cases. They do not do not know who knows much more over 20 percent, and cut by a quarter get to the even more serious criminal about human nature than the distin the use of crack in those projects? cases. So everybody in the States has guished junior Senator from Mary Again, not rocket science, not brain been saying, "Divert these people; do land-I will bet you I can take her into surgery; just what our moms and dads not let them off free like you are doing my wife's school, to the playground, have told us from the time we were now. Almost half of them get off scot and we can watch for a couple hours, kids. I have said it before on the floor, free. Divert them into a separate court and she can point and say: I will make and I will say it again. The expression system." Well, Dade County came up you a bet that these are the kids that my mom used, that I heard a thousand and said, "We will do that." So all are going to get caught up; because we times, and maybe it is because she is these low-level nonviolent offenders know they have no parents, or they Irish, and the Irish have a particular got diverted into this drug court sys have parents that are in trouble, or way of saying it, and maybe then in tem. they are kids who are doing very poor ethnic neighborhoods that are Polish, Here is the deal: They get convicted ly in school and they cannot read, and black, Jewish, or whatever, there is a in that system if they meet the criteria they have no self-esteem, or they live different way of saying it, but she used of being low level, being young, being in neighborhoods or communities and to say: "An idle mind is the devil's first-timers, and being nonviolent- hang with people in the drug stream or workshop." How many parents decide when they that is the key, being nonviolent. What t he crime stream. It does not take a happens is they say, OK, we are not brilliant person to figure that out. are going to go someplace and leave going to put you in jail, but here is the But you cannot go from there and their children in the custody of some deal: First, you are now signing a piece say: We now convict you and put you one else, or when their children are over here. But we can say, from the home and in a tough situation where of paper where you are subject to ran there are neighbor kids they do not dom testing. Any time your probation term of art used "at-risk children," we can pay more attention to them and want them playing with, how many officer says, "Come here, Charlie," you parents decide they had better find an walk in and you take the urinalysis or guide them away from the drug stream other activity for their child? Why is the blood test, and if you flunk it, you and guide them away from the crime this such a strange concept for some of go to jail. stream to a life of productivity. Again, my Republican friends to understand? The second thing is, if you are in this is not rocket science. Our mothers A vast majority do understand it and school, you have to stay in school. If and fathers knew about this 50 years agree with it. Senators DOMENIC!, DAN you drop out of school, you go to jail. ago. But the way we deal with those at FORTH, and DURENBERGER, and a whole If you have a job and you lose your job, risk kids is they need alternatives to range of them, believe very strongly in unless it is through no fault of your drugs and violence. The bill offers test some of these programs. But that is own and you seek another job with the ed programs, like Boys Clubs and Girls how we deal with nonviolent offenders. help of the probation officer, you go to Clubs, to give kids a safe place to go One of the things we would like to do jail and you get put into a drug treat after school and a reason to say no to is not only demonstrate what the key ment program. If you do not stay in drugs and crime. provisions of this conference report that program, you go to jail. Let me point out something. I am are-the community policing, the pris You pick up 500,000-in terms of the not just making up the Girls Clubs and on, and boot camps, the fact that we money-of the 600,000 people that are Boys Clubs and saying things like, set up these drug courts for nonviolent out there. When we cut my drug court gosh, they are good things, like apple offenders, the fact that we have youth provision from $1.3 billion to $1 billion, pie in America, and that is a good violence initiatives in this, including a we lost the ability to pick up 100,000 of thing to do, and I have a progressive whole range of initiatives that have these kids. So now I cannot advertise hope and a prayer that they work. I been proven they are not a hope and a to you that these drug courts get all have evidence that they work. The sta prayer, that we have significant money 600,000; they only get 500,000 of them. tistics relative to Boys Clubs and Girls for rural crime in here, all of which I But it is a big deal. Keep in mind that Clubs, studied over the last decade, the will speak to, because the one thing I nothing happens to them now-noth past 10 years or so, Mr. President, are want to make sure everybody under ing. astounding. If you have, for example, a stands before this debate opens up is In the State of Florida, the numbers public housing project with the same what is in this bill and what is not in on recidivism dropped drastically. I demographic makeup as another public this bill. think-and I will get the exact number housing project-and I will submit for Let me move back now if I may to for the RECORD-roughly 43 percent of the RECORD these studies-if you have explaining the major pieces of this bill. the people who were arrested for the two housing projects of the same demo First, to reiterate, we pay for what first time in Dade County prior to this graphic makeup, the same amount of we promise. August 22, 1994 CONGRESSIONAL RECORD-SENATE 23649 Second, there is an entire mechanism Now I guess the way he comes up lice Department; these are people who in here whose focus from the beginning with the 22,000 is he says, "OK, how wi11 be wearing the blue and gray uni has been on violent criminals. We do many cops could you buy with $8.8 bil form for the Delaware State Police. that in a number of ways. lion if the States did not do anything?" They will answer to the Governor, the One of which I will speak to that I I assume that is how he comes up with mayor, the county executive, not to have not yet is community policing. the number. I assume also that he says JOE BIDEN, not to the FBI, not to the The so-called conference report, which that the cops cost a lot more money President. I will refer to from now on as the crime than $75,000. So let me tell the NRA, there are bill, provides $8.8 billion-$8.8 billion He says they cost $70,000 a year. I do 100,000 police. to put 100,000 new police officers on the not know how many of you hire your The fact of the matter is, that $75,000 streets and in our neighborhoods in cops back home for $70,000 a year. I we put up and we say you put up $75,000 community policing efforts. guess he is just used to being in Holly and that will fund for the next 6 years, Now I keep hearing Charlton Heston. wood, where they pay a lot of money for the entirety of that time; those I really loved Charlton Heston in "The for those things. I saw "Beverly Hills cops for the next 3 years, you get them Ten Commandments'' and I liked the Cop.'' Maybe those guys in those fancy and you increase them. way he rode a chariot. I wish I were as police stations get paid 70,000 bucks a So, it is true. We are not funding handsome and articulate and had that year. 100,000 new cops for every single soli voice that he has. I wish I had his Charlton Heston, I guess, is used to tary person. money. I wish I had a lot of things he getting $70,000, I assume, for being seen This is a highly unusual thing to sug has. drinking a Coca-Cola from the Coca gest, Mr. President-but I do want to But I wish he had the facts. It would Cola Bottling Co. finish this statement and, to be very be nice if he had the facts. But, for most of us, $70,000 a year is blunt about it, there is a very impor Now I know the NRA is paying for a lot money. And for a guy a couple of tant phone call that I have been asked these ads. I am told the NRA is paying years ago wpo was picked as the poor to take. And in a moment, if that per for the ads he has been doing. It is kind est man in the U.S. Congress-yours son is still on the phone, I am going to of interesting. The NRA, to the best of truly-$70,000 is a lot of money for me. suggest the absence of a quorum. my knowledge, has not spent a penny But I guess for Moses-I mean Charlton So what we do to pay for these police for an ad on television to talk about Heston, it is not a lot of money, so he is, we pay for 100,000 of them and we guns. All of a sudden, they have be thinks every cop costs 70,000 bucks. He pay for them by providing $75,000 per come the pork chop watchers; they are also thinks, I guess-and I believe he police officer, not every year but for the antiporkers, which is a nice thing. thinks he is telling the truth; but the the totality of the time that this bill is I am glad to know we have another NRA is giving him the facts, which in place. group out there making sure we do not should be a tipoff-he says, I assume Mr. Presid,ent, I would like to ask my waste money. I think that is neat. And ! have not spoken to him-I assume friend, although it is totally within my it is awfully generous of them, if that when he says 22,000 cops, he says "OK, right to ask for a call of the quorum, is their concern, to spend their hard $70,000 a year per police officer, and the whether or not he would mind if I sug collected dollars from their member States do not have to do anything." gested the absence of a quorum for 3 ship. Now he is also a big States rights minutes to take a phone call and then But, funny thing. They never men guy, you know-we do not tell States come back and complete my state tion guns. Now maybe they do and what to do. The NRA and he would be ment? maybe I have missed the commercials. the first ones to say, "We do not want Mr. President, I suggest the absence But Charlton Heston gets on and he a Federal police force." of a quorum. talks. And my wife .said to me-I got What we do here, just so nobody mis The PRESIDING OFFICER (Mr. home the other night, I say to my understands, and what we have been REID). The absence of a quorum having friend from Utah-and she said, "JOE, doing, we say to the police officers, and been suggested, the clerk will call the you've been telling me now for a year to the cities, and to the States, what roll. that that bill you wrote had money for we have been saying for the last sev The legislative clerk proceeded to 100,000 police officers." This is literally eral years. We say, "Look, you want call the roll. true. "I have told everybody I teach help hiring local police officers? Here is Mr. BIDEN. Mr. President, I ask with that that is the case. And I saw the deal. We will provide some extra unanimous consent that the order for Charlton Heston last night"-! money. We will kick in this amount if the quorum call be rescinded. thought, like, you know, he stopped at you kick in this amount to hire." The PRESIDING OFFICER. Without the house or something: "I saw Not an irrational concept, you know. objection, it is so ordered. Charlton Heston." We had $150 million available to us The Senator from Delaware. "I saw Charlton Heston last night over the last few years and we said to Mr. BIDEN. Mr. President, let me and he said there are only 22,000 cops in the States, "Do you want to get a piece thank again my friend from Utah for there. JOE, I thought you told me there of this? Do you want to get a piece of being so gracious. The phone call was were 100,000." this $150 million for police officers?" from the President. He wanted to know Well, you know, I guess it goes to the They said, "Yeah." We said, "What you where ORRIN HATCH was on this bill, question of Charlton Heston's impact have got to do is, for every dollar you and I told him he is right with us all even on my family. get, you have to kick in a dollar to hire the way, Mr. President, and not to But let us talk about what it does. new police." worry. Charlton Heston says the crime con Cities and States lined up. We did not No. It was the President. I apologize. ference report will fund only 22,000, not have enough money to go around by a He was asking me something about 100,000, new police officers. That ·is a long shot. This is the same principle this, and I appreciate the graciousness quote. He gets on TV and he looks into here. We say, "Look, we have .got $8.8 of my friend from Utah in allowing me the camera and he says, "Only 22,000, billion and it is here in a pot. You do to take the call. not 100,000." not have to ask for any of this $8.8 bil So the community policing I was Let us talk about the facts. The con lion, but if you do, you do have to kick talking about a moment ago does, in ference report does buy 100,000 new po in your piece to hire your cops.'' fact, provide for 100,000 community po lice officers. It provides $8.8 billion in These are not Federal cops. These are lice. In all of the United States there total funding to implement community people who will be wearing a Wilming are only 540,000 or thereabouts police policing programs. This includes $7.5 ton, DE, blue police uniform; these will officers-in all the United States of billion to cover $75,000 per officer for be people wearing the two-tone brown America, not counting Federal law en 100,000 new cops. uniform of the New Castle County Po- forcement officers-all State and local 23650 CONGRESSIONAL RECORD-SENATE August 22, 1994 law enforcement officers, there are of this stuff." You are right. But you tle machine and it will pop up on the only a little over half a million of know why it does not happen? It does screen whether John Jones is a con them. And we are going to add 100,000 not happen for a simple reason: The po victed felon that you are looking for. new local police officers. That is going lice do not like this kind of approach That is a pretty big deal. Technology is to increase by 20 percent all of the po without more help. available. We provide for the ability of lice in the United States of America. Let me tell you, in some sections of the major cities and the small cities So, theoretically, in every community my State and neighboring States, if I and towns to get this kind of equip out there, for every five cops you have am a police officer, I can ride through ment in order to deal with tracking you are going to get one more. It is a in a squad car or I can walk through. I down, apprehending and dealing with big deal. It is a big, big deal. know what I want to do, I want to ride violent criminals. But there is another thing even more through, I do not want to walk I have spoken about the drug courts important than that. Not only do you through, and you cannot blame me. and I have spoken about the youth vio get more police, but in order to get any So when the mayor says, "Chief, I've lence, how we deal with violent offend of these new police, you have to have got a great idea. Let's shift to commu ers. I will speak at a later date about community policing in your neighbor nity policing," the police go, "Whoa, what are significant prevention pro hood. Right now policemen-in their wait a minute, wait a minute." And grams that are left. defense, because they are shorthanded there is a resistance, with good reason, I might point out to my Republican in most places-have had to move to because they say there are not enough colleagues, we took out most of the higher technology and squad cars in of them to walk on the street, there prevention money. I forget how much order to cover the same amount ofter are not enough of them to provide pro exactly we had in the crime bill as it ritory. When my dad was growing up in tection for each other. left the U.S. Senate when we sent it Wilmington, DE, there was a cop who Now, the mayor will say, "OK, tell over there. We had roughly $4.3 billion walked the beat. There was a guy like you what, chief, the choice is yours. in prevention money. The old con in the old movies, the Mickey Rooney You can get another"-in my State of ference report increased that, accord movies, you know, where there is a cop Delaware-"you can get another 1,000 ing to my Republican friends, to some walking along, flipping his baton and or more cops, 1,250 cops," and we only thing around-they argue that it was saying, Hi, Charlie, and stepping into have in the whole State of Delaware up to $7.4 billion. So what the House the local corner grocery store to get 1,700 police officers. "You can get an leadership, with the Republican minor his coffee and so on. That is commu other l,200 police," or, in the city of ity, did, in my presence, over the last 2 nity policing. Wilmington, you can get another 150 days, is they cut the prevention money Guess what. It works. It builds con police, or whatever, "but here is the from $7.4 billion in that conference re fidence between the people in the com deal. You have to take your existing port to $6 billion, or to pq.t it another munity and the police, which is par 350 and move them into community po way, they cut $1.3 billion out of what ticularly necessary in the high-crime licing." Now the chief has something they call pork. neighborhoods, in the neighborhoods to go back to his men and women with. What is left? What is left is about $1.7 where we have a high concentration of He says, "Hey, we've got to go to billion more than we passed here. But minority population who are distrust community policing, but I tell you what is in there is everything that my ful of the police if all they see is the what, instead of riding in a squad car Republican friends, like Senators DO person in the squad car going around. by yourself, you are going to be walk MENIC! and DANFORTH and DUREN But it is more expensive. It is more ing on a beat with a partner." Then it BERGER and others, along with Demo time consuming, but it works. is OK. So we can leverage. We can le crats, wanted in this bill. We preserved In Houston, TX, where they initiated verage the number of police officers that. But I will come back and talk community policing, the crime rate who are in community policing, and about that during this debate. dropped-I believe it was 17 percent. I that will affect violent crime in the The other thing that is preserved in was going to say 19. My staff just cor United States of America. this conference report is something rected me-17 percent. I went through the statistics, and I that is near and dear to the heart of A 17-percent drop in the crime rate will not do it again, about the number my friend from Utah and for me; and when they took people out of their cars of violent criminals we let out of jail, that is the rural crime provisions. and put them on the beat and they but the 105,000 new prison cells will Rural crime is on the rise, and it is walked the street. keep in jail. on the rise at a faster rate in rural There are only a few things we know I also want to point out that there is America than in any other part of for sure. We know if you put a police flexibility built into the community America. According to the most recent officer on this street corner, and no po policing for local police departments report from the FBI, violent assaults lice officer on this street corner, and who can use some of this money, not rose 30 times faster in rural America there is a crime going to occur' it is only to hire new police officers, but than in our 25 largest cities in Amer much more likely that that crime will also to allow them to buy higher tech ica. And the number of rapes rose more be committed on the corner where nology equipment. than 9 percent in the rural counties in there is no police officer. It sounds sim For example, there is a system we America while decreasing by nearly 4 ple. We know crime often occurs when have federally that has all the finger percent in urban America. there is no policeman, and when it oc prints in the United States of America. So there was a 13-point shift-more curs where there is a policeman, an ar If they take the criminal records of rapes by 9 percent in rural America, rest usually occurs. people who are convicted criminals fewer rapes in urban America. And as I So how do we deal with violent crimi and/or people who are escapees, or peo said, in terms of violent assaults in nals? By putting police officers on the ple who are on the lam, as they say, if rural America, it rose 30 times faster street. So what this 100,000 police will we give the States the money and help than in urban America. do is not only take the 100,000 police, them, they take all their records and Drugs are also an increasing menace add 100,000, increase the total number they send them down to Washington, in rural States. The number of arrests of police in America almost 20 per DC. Then there is a little machine we for drug abuse violations in rural cent-I think it is 19 percent-but it can give to the police officers. They America jumped almost 23 percent in does one other thing. It leverages those usually put them in squad cars, but 1992. so we end up with almost 650,000 police they can also hook them on their belt. To meet that challenge, the crime officers on the street. They are not When you arrest John Jones for a traf bill provides almost a quarter of a bil there now. fic violation, for loitering, or some lion dollars-$245 million-in drug You say, "Well, BIDEN, we can put thing else, all you have to do is have crime fighting money to help States those 540,000 on the street without any John Jones stick his thumb in this lit- and localities hire police-different August 22, 1994 CONGRESSIONAL RECORD-SENATE 23651 than the hiring under the community prosecutor in Philadelphia, PA, as the to it. I cannot in good faith say that. policing-to hire police specifically to DA, knows more about this than 95 per So when I wrote this original bill, I fight drug-related crime in rural Amer cent of us. This is a big deal, this addi added back into the Federal statutes ica. tional $1 billion. It is money to go to over 50 death penalties-SO cir Half of this money will be divided local law enforcement. cumstances in which, if a person is con among the 19 rural States, and the re The bill also directs the Director of victed of a crime at a Federal level, maining half, I say to the chagrin of the Federal Law Enforcement Training they are eligible for the death penalty. my friend from Massachusetts, this is Center in Glynnco, GA, to develop spe Now, I say very forthrightly to the one time where the rural States did cial courses specifically devoted to half dozen of my colleagues who oppose very well. The rural States get half of training rural, State and local law en the death penalty-and it is probably a this money, the 19 most rural States in forcement officers in the investigation larger number than that-I say to them America. The other half goes to the of drug trafficking and related crimes. they should not be misled. There is rural communities in the other States. I do not know how many people lis money in here for the death penalty. In But it all goes to rural America, some tening to this on G-SPAN or hearing it addition, the bill authorizes over 70 in thing that my friend from Utah has in the gallery visiting from their var creased penalties-70, seven zero--70 in fought hard for, along with the Senator ious States, I do not know how many of creased penalties in new offenses cover from Delaware. them fail to understand-I think all ing violent crimes, drug trafficking, Now, we also establish rural drug en do-if they come from a small town, and gun crimes. These include, for ex forcement task forces in every Federal you cannot expect the small town law ample, increased penalties for drug judicial district encompassing signifi enforcement officer to know all the ins dealing in drug-free school zones, for cant rural lands. and outs of the drug trade. It changes the use of semiautomatic weapons in Put another way, every place where every day. We have an entire Federal committing a Federal crime, for we have a Federal presence in the agency called the Drug Enforcement drunks driving where you have a child State that is overwhelmingly rural, we Administration that has trouble keep in the car. set up the task forces, which the Sen ing up. Many of you know children, and ator from Massachusetts thought And so what we ask in this bill, the when you were children you would be about 20 years ago here and set up Senator from Massachusetts and my put in the position where your favorite those task forces that the last Justice self, is to make sure they train local uncle comes over and goes to the pic Department tried to do away with. people down in the most advanced nic, is drunk, and then says to you, But we do that in rural America now training center in the world. "Come on. We're going home." You because in rural States like mine, I might add, by the way, Russia is look at your uncle, and you know you where the largest city has 85,000 people asking us to train their law enforce should not get in the car, but you get in it, the next largest is about 28,000 ment officers. Everybody is asking us in the car because you are trained not people, in rural States like mine, what to· train their law enforcement officers. to disobey your father, your mother, happens is the drug traffic from Wash The Germans, the Italians are trying your uncle, your aunt. ington, DC, moves over to Sussex to get us to help train their drug en Children get killed in that cir County in Delaware, and the drug traf forcement officers to deal with the cumstance. We cannot expect them to ficking from New York City and Balti drug trade and Mafia and all the rest. monitor the behavior of their families, more moves over there because they How do we expect the two- and three monitor the behavior of adults, but we are saturated in those metropolitan person police force to do that? So we can expect, if my bill passes, that if a areas. put in here, what the Senator from drunk driving accident occurs and you Now, they have small police forces. Massachusetts asked for, to make sure have a child in the car, you are going They are not trained in nor have the we get the local people trained with to be in deep trouble, and we double technology of the DEA, the Federal our experts down in Glynnco, GA, the the penalties for that. I realize that is drug enforcement agency, and the FBI. same place that the Russians are ask not a big thing to most people, but it is So we provide money here for those ing us to train their people, the same a big thing to me. 1-, 2-, 3-, and 5-person law enforcement place that the Italians are asking their We increase penalties from that all agencies in towns of 2-, 5-, 10-, 15-, people to be trained, the same place the way to mandatory requirements for 20,000 people. And we provide the that every law enforcement agency in a jail sentence if you commit a crime money for them to set up these task the world wants to go. We set it up and with a gun. And not unimportantly in forces so they get the help-run by the say you have to train our folks. Again, my view-and this is a big issue with local people. It is a big deal. that is a big deal. Charlton Heston and a lot of other peo In addition to all of this local help Now, I will make two more points. ple-we ban assault weapons. For the for rural areas and community polic Then I will yield. The patience of my first time we ban assault weapons. ing, we put in here $1 billion for the friend from Utah is almost unlimited I do not know many deer that need to Byrne grants, which my staff did not but I may be getting to the point of be taken down with an AK-47, nor do I even list here as a major portion of limiting it. One is that we add in here, know any hunter being able to fire an this-$1 billion. I challenge any one of to the chagrin of some of my col AK-47 with any degree of accuracy. my colleagues to go home and ask leagues, the death penalty. They are not designed to be accurate. their local police what is the single, I happen to support the death pen They are designed to kill. They are de most significant thing the Federal alty. I respect people who view the signed to kill human beings. Human Government has done for them so far. death penalty as being a violation of beings. Do you know what they will tell you? the eighth amendment, or even more I asked the leading medical doctors They will tell you the Byrne grants, basically the average American who in America testifying before my com named after a police officer who was does think the death penalty is wrong, mittee, who run the major trauma cen killed. as just simply being immoral. I respect ters in America, why is it that last These grants are to provide $1 billion that. There are decent, honorable Re year when I wrote a report saying y;e to the States to set up drug enforce publicans and Democrats, people of all would have more murders than any ment mechanisms that work very well faiths, who think you never have a time in our history, why did I turn out in the large cities and small cities, right to take a life-the State has no to be right? Why were there over 23,700 rural and urban America. So we put $1 right to take a life. Put the person in or 23,800 murders in America? Is it be billion in there. jail forever with no probation, no pa cause more people are being shot? I see my friend from Pennsylvania, role, but do not take their life. One brilliant doctor, heading a major who endorsed this bill. He is one of the I wish I could say I felt that strongly trauma center in one of our four larg guys who, because he was a former about that and found a moral objection est trauma hospitals in America, a 23652 CONGRESSIONAL RECORD-SENATE August 22, 1994 woman doctor said: "Senator, I have for me to be able to give the exact am beating him uir-it would be more headed this trauma center for a num number. likely he would be beating me up, be ber of years. We have become so sophis But the point is, it is a reflection of cause he is younger and stronger-if he ticated we have removed a bullet, a .22 these guns that are of higher caliber, is beating me up and a police officer caliber bullet from the brain of a per meaning bigger pieces of lead, bigger comes up, the police officer is not son and they lived, and lived a healthy pieces of bullets, with greater force, going to turn to him or to me and say, life. We have removed low caliber bul and designed when they go into your "Do you wish to swear out a warrant lets from people's hearts, from parts of body to do things differently than ordi for the arrest of this person?" They are people's bodies which would ordinarily nary bullets. Instead of going into your going to arrest us both on what they kill them. We have become very sophis body in a straight line and going call information. Somebody committed ticated. But, Senator, when you fire a straight out, they are designed, when a crime. .45 caliber bullet or a 9 millimeter bul they go into your body, to tumble, to So they immediately arrest both of let into someone's body and it goes to spin around, to rip your insides up and us and put us in a paddy wagon. If I am their lung, it does not lodge in their out. What do you need that for, as a standing there and somebody calls, and lung. It blows their lung out of their sports person? You do not. I am bleeding, standing on the corner, body, out of their body." So what we have done is outlawed and he is standing next to me, the cop Those of you who do not know much some of these military-style assault does not come up to me and say, "Sir, about guns-and I do not pretend to be weapons. do you want to swear out a warrant for an expert-if I took a .22 caliber pistol, The last point of a major piece that his arrest?" They put us in a paddy with the reporter standing before me, is in this bill that I would like to speak wagon. and I fired in to his shoulder, he would to is the thing I must admit is the On the other hand, the person who recoil like that. nearest and dearest to my heart, and handles the remainder of the criminal If I took a 9 millimeter gun and fired the thing I have worked on harder justice agenda for me, Demetra, sitting it into him, it would knock him, lift this is parochial, I acknowledge-than here, who is about to give birth to a him up, and move him over that table anything I have ever worked on in 22 child-say I am her boyfriend and I and bang his head into the marble. He years; that is, the Violence Against slap her, even in her pregnant state. has just moved. I have no intention of Women Act. What happens in your home States doing that to him; I want to make it Mr. President, this is a comprehen when the cop comes up and sees that? clear. sive approach to fighting all forms of Does he automatically arrest me? What But all kidding aside, this doctor violence against women, combining a does he do? The first thing he does is, stood up behind the witness chairs-the broad array of needed reforms to he says, "Do you want to swear out a Presiding Officer knows how we do change both our laws and our atti warrant against him?" What do most that; a table just like that one in front tudes. They include the following: women say? They say no. Why? I am 6 of me here-stood up and said, "Sen Funding for local law enforcement to feet 1, 190 pounds, and not a bad ath ator, let me tell you, it used to be that set up special uni ts focused on aggres lete. She is 6 inches shorter than I am, we would see single-shot wounds when sive prosecution of sexual assault and and 100 pounds lighter than I am. She they had an emergency and they were family violence. Let me give you a lit knows when she looks at me and looks taken into the emergency room. Now, tle insight. at the cop and says, "Yes, I am going Senator, the bullet wounds start-" she They did a study in Washington, DC, to swear out a warrant for his arrest," bent down and said, "They start at the which is not very different than any that I am going to get out of jail and then I am really going to be mad. ankle and end at the neck." other study in America, than any city For you men listening who do not ap My friend from the State of Nevada, they could have picked. They asked: preciate that, let me ask how many of the Presiding Officer, knows about "How many times, when a police offi you when you were kids and you are in . guns; he knows why that is: Because cer showed up on the scene who was the schoolyard and the bully was beat they are high-caliber weapons that are called to an emergency where a woman ing you uir-you are down on the semiautomatic, and when you pull the was being beaten by her boyfriend, her ground; he is beating you up, and you trigger, they go like that, unless you live-in, her acquaintance, or her hus have a clear shot at his nose. How are very well schooled in the use of band, was the boyfriend, the acquaint many of you hit him? Not many of you. them. So you have these kinds of ance, the live-in, the husband arrested, Why did you not? You knew that if you wounds. even where the woman was bleeding?" hit him in the nose, that would really We held that hearing and pointed The woman was bleeding. They get make him mad. that out. She said, "The reason more called, and the woman is bleeding. Do you think I am kidding? Ask people are dying-and it is why it is They show up on the scene, and the yourself, you men, ask yourself how murder and not assault with a deadly man is there, and the woman is bleed the psyche works and how yours works weapon; they are murdered, they die ing, or the man is taken off and the the next time you say, "Why will she is we cannot repair them. When they woman is bleeding. In 85 percent of the not swear out a warrant?" I will ask are shot with a low-caliber bullet, we cases, no arrest was made. you, how many of you hit the bully? can repair them. When they are shot Did you hear what I just said? Not many, I know. with a high-caliber bullet, it takes Eighty-five percent of the time, a It is about time attitudes change. away vital organs and they die. When woman is more in jeopardy in her This bill, this Violence Against Women they are shot once, we have a chance. home, more in jeopardy in her bed with Act, goes a long way toward changing When they are shot five times in one her husband or her boyfriend, a woman it. Guess what? If a cop shows up and incident, we tend to not be able to help is more in jeopardy with the man that does not arrest, they lose Federal them live." she loves than any other place in funds. There has to be a presumption, Then, not too long ago, one of the America. Let me explain something to not a conviction, of arrest because we magazine programs, "20-20" or "60 you. You say, "Well, obviously the rea want to put the woman in the position Minutes" did a program where they son these police did not make an arrest where she is able to look at that bully, pointed out-and we acknowledged; we is the woman would not swear out a that thug, who hit her, and say, "I did showed it-I believe a decade ago, complaint." not do it. I did not swear out the war maybe a little longer, the average Let me tell you something. If Chris, rant. There is nothing I can do about number of bullet wounds of a person my expert on criminal law, sitting next it.'' It will give her some cover. It is taken into an emergency ward was 1.1; to me, and I get into a fight outside on human nature. All these laws affect by and large, single-shot wounds. Now, the Capitol steps, or downtown in human nature. And I want to affect that average is something like 2.4 or Washington, and we are fistfighting on that small portion of the male popu 2.6. I ask that the RECORD be kept open a corner and he is beating me up or I lation whose human nature is sick in August 22, 1994 CONGRESSIONAL RECORD-SENATE 23653 the way in which they deal with the night? I recently visited someone in suing you and I am taking you in to women they allegedly love. the hospital, a family member, up in Federal court. And after they lock you We also provide in this legislation Philadelphia. It is one of the great hos up in jail for the crime you committed funding for battered women's shelters pitals, the hospital of the University of against me, I am going to get a judg and for victims' services. Do you know Pennsylvania. What do they have? ment against you, and I take your Mer why the vast majority of the children When you are leaving at 11 o'clock cedes, I take your house, I take your that are on the street and that are when they close down the visiting car, I take your bank account. I am homeless with their mothers are there? hours, you go to the parking lot, and going to penalize you just like if there Because they get beat up at home; be the University of Pennsylvania hos was an automobile accident where you cause their mothers get beaten in front pital has armed guards that will take caused me injury. I am going to be em of their children, and the mother has you to your car. powered to take you to court, to take no place to go. So her last resort is the We should help. If you are a woman your property if I can that you did this street. and you have been put in that cir bad thing to me. It will empower Do you know we have three times as cumstance because of the nature of the women more than anything that has many animal shelters in America as we work force changes, we should make happened in the recent past where they have shelters for battered women? My those high-crime areas safer, and the have been victimized. lost dog has a better opportunity to be best way to do that is by light. One other thing we do in here that is sheltered until I can find her than my Most important, the Violence not in the violence against women leg daughter, were she married to someone Against Women Act creates, for the islation-speaking of victims. Right who beat her-God forbid, the son-of-a first time, a civil rights remedy for vic now, if you are a victim of a crime gun who beats my daughter. tims of crimes motivated by gender like my mother who is on Social Secu It makes me angry. But for the first bias. By the way, we found that law rity, who is in her seventies and looks time we do something about this. We yers rape, doctors rape, businessmen like she is in her fifties. Say she is provide money for these shelters for rape, just like thugs rape, like anybody shopping and comes out, and someone women, so they have a clean, healthy rapes. This idea that only poor folks grabs her purse and, in the process, place to go. Women stay in that envi rape is malarkey. So I wanted to do knocks her down and she breaks her ronment where they are beaten because something to empower women like hip or leg and has hospital bills and is they have no financial resources to they have never been empowered be laid up; he takes her money, and what move. We take practical steps like fore. Five-hundred or a thousand years happens? You find the guy or woman funding more lights and security cam ago, or 800 years ago, in our English who did it, you take him to trial, you eras at bus stops and adjacent parking prudential system, the way it used to prove beyond a reasonable doubt he did lots, in parks, and in subway stations, work is that if you committed a wrong it, you put him in jail and fine him. to increase the safety for women who against me, I would go and hire the Where does the fine go? The fine goes are in the workplace. sheriff and the sheriff would go arrest to the State. What is the rationale for I do not believe any of my colleagues you. I would then have you taken be that? It is to cover the cost of the here would disagree with this, but fore a judge, and if the judge found you State entering in to and taking on the some letters I get from constituents guilty, I would pay for your imprison responsibility to incarcerate this per around the country say this to me: ment. I, the victim, controlled the son. Logical notion. But what happens Well, the women should not be out agenda. Out of a need to deal with eq to my mom? My mom is out $50 or $500. working. uity and allow poor people the same My mom is out the medical cost and One of the reasons why we need this rights, we started-and to make the the bills. additional security lighting is that case 100 years ago, even 300 years ago, So we have written into this con lights are a phenomenal disinfectant, I it used to be when you read the docket, ference report something different say to the Presiding Officer. When they it would say the case of Biden versus than was in the original bill. Now there put electric lamps instead of gas lamps Smith, not the State of Delaware ver is a penalty and provision that the per in London, the crime rate dropped by sus Smith. Biden versus Smith. The son who is the victim must be com almost 30 percent, because people do victim. At least I was empowered. pensated by the defendant as a non not commit crimes under glaring lights In order to change things, we had the dischargeable debt. We also increase for fear of being seen-unless they are State step in and take the part of the the victim's fund. Senator THURMOND on dope or on speed. victim. But in the process, something and I, along with ·many others, years Many of you know women who now got lost. Victims were disenfranchised. ago passed a provision setting up a have jobs just like men where they are How many of you know somebody who fund, some of which comes from for required to work until 12 a.m. or 1 was a victim, who got a phone call feiture money, where the State can o'clock in the morning. How many from the prosecutor saying, you know, compensate out of this fund a victim women reporters who have covered this we decided to reduce the charges who has lost something of monetary have the same deadline the male re against Charlie, and instead of hold value. So we are, for the first time, porters do and have to walk to that him for robbery, we have decided to re really turning our attention to the vic parking lot in the center city, not at 5 duce the charge to whatever, a lesser tim. And we can never make them in the afternoon when thousands of charge, or we decided we are not going whole. But there are two parts to this people are going there, but at 1 o'clock to go forward with the prosecution. equation. One is get the bad guy and in the morning when no one else is You are the victim and you are sitting punish the bad guy. The second is take going .there? How many women who out there, and you do not have any the victim and try to restore them. clean these offices along with the men thing. You have no say. The victim has been the forgotten per have to leave that office building at 1 Women in America particularly have son. a.m. in the morning and stand at the no say. But one thing I did in this bill, (Mr. AKAKA assumed the chair.) bus stop to catch the last bus? Women which a lot of people did not like, is Mr. BIDEN. Mr. President, we also are in the workplace. And women are created a civil rights cause of action. If provided here for the victim through now in circumstances where they are a woman can prove the crime of vio the help of the Senator from Utah. Ac exposed because of the physical vulner lence committed against her was tually it may have been his idea. We ability-nothing else-to predators. strictly because of her gender-and provide that when you show up at There are identifiable high crime that is a high hurdle to cross-then not trial-the judge is about to sentence rates. How many of you people would only does she have the right to be in a John Doe for the crime against my tell your daughter who is 20 years old situation where the State goes after mother. Up to now my mom does not working for a company, that it is all the person on a criminal charge, but get to go in court and stand before the right to walk into a parking lot late at she can say: By the way, Jack, I am judge and say, "Judge, let me remind 23654 CONGRESSIONAL RECORD-SENATE August 22, 1994 you what this guy did to me." My mom out this retroactive provision of this say, "By the way, when I was 26 I lent does not get to say a word. But under law for the safety valve will apply to him my car and he never brought it this bill, my mom gets to show up, and no one who is presently in jail. So they back." "Did you ever go and report it my mom gets to stand there and say, better take back their monopoly cards to the police?" "No." "Was he ever "Judge, before you sentence this man, because they no longer mean anything. charged with the crime?" "No." What let me remind you what happened to They did not mean anything when they proof do you have? All the witnesses me." Or the family of a murder victim handed them out. Now for sure there is are dead. It happened 40 years ago. It is is able to come in and say, "Judge, let no retroactivity in this legislation rel just my word. me remind you what is at stake here, ative to the issue of the so-called safe The court says, "That is crazy." what happened to my family." ty valve. For 800 years we said that is a crazy This is the most victim-friendly bill We also added what a number of my idea to let people come in and do that. we ever passed. It is about time. colleagues have wanted on the Senate It has nothing to do with the crime. Now, there were two things that I side, mandatory HIV testing for any Most all of my friends, about 80 on heard a lot about on this floor over the one who is charged with rape, whether the Senate floor and about 300 of them last couple weeks. One was that we do they are found guilty or not. There is on the House floor, said if it is a child not deal with sexual predators in this mandatory pretrial-pretrial-HIV molestation case or if it is a crime of legislation. Let me tell you what we testing with any person charged with sexual violence, allegation of sexual vi did in this bill we are about to vote on, rape. olence against a woman, the prosecutor or whenever we are going to be allowed So, the three things I heard most not only can bring in evidence that re to vote on it. There are two things we about were: lates to the crime, but can go out and did. This is a terrible bill. find anybody who at any time in the One, it explicitly allows a commu There is too much pork in it. We cut past, a day after, 2 years before, 50 nity to be notified when a sex offender $3.5 billion out of the bill, so-called years before, who will allege that the is released from prison into the com pork, which was not pork in the first defendant did something like that to munity. All sex offenders must keep place. Prevention money, $3.5 billion, is them then. the law enforcement agencies apprised taken out. Can you imagine how prejudicial that of their whereabouts for 10 years after There was not enough money for the is going to be? You have a son who is their release. And sexual predators, as p_risons in the bill. We added $3.2 billion defined by that worst class of offend more prison money: 21 years old. He is being accused of ers, must register with the police for Third, that it has a retroactivity pro rape. He did not do it. Or more impor the rest of their lives. vision that lets all these people out of tantly you have an employer who is 55 A sexual predator who is released jail. We struck the retroactivity. It is years old, who has a disgruntled em from jail, nobody in America will not not part of this bill. ployee who charges him with rape. It know where that person has moved. So Fourth, people charged with crimes does not happen often but it can hap if you live on a street that that person of rape are not able to be tested to see pen. has moved on to and that person is ad if they are HIV positive so their vic Now what happens? The prosecutor, judged a sexual predator, you will tims can know. We have mandatory instead of just having to deal with that know that person lives in your neigh HIV testing. witness and those facts, is able to go borhood so we do not end up with a The other thing I heard the most out and find anybody who is willing to horrible situation like we did in many about was the predators, and that is say, "By the way, when he was 21 years places. The most celebrated case unfor that as to sexual predators, the com old when we were parked in the car he _tunately was a young girl named munity did not have to be manditorily physically molested me," without any Megan in New Jersey recently. They notified and that it did not include proof of anything. Now, the people who must register for life. enough people. It is everything and might have been around to prove that Guess what? If in fact the State does more than anybody asked for. that was not the case, the couple you not set up one of these registries to ac Lastly, there is one thing in here double dated with in the front seat of commodate this because they do not that I must tell you I do not like. I the car, are dead. But you have a wit like this bill, they lose 10 percent of want the RECORD to reflect it. Senator ness, the one person sitting there, who the police money they most care about, DOLE and Congresswoman MOLINARI on says, "But that happened to me 25 the so-called Byrne grants. the House side had a provision that I years ago." The second thing I heard a lot about think is, quite frankly, outrageous, but And now, the defendant's lawyer can on the floor is the so-called safety my colleagues all liked it. Even though get up and cross-examine that person valve, a concept which at one point a I authored this bill, this is one provi and say, "How do you know that?" and number of my Republican friends sup sion I did not author. on and on and on. But how do you, in ported, and I did not support, but I The bill says that for anybody who is effect, defend yourself against one kept hearing and seeing little cards charged with a sexual crime of violence trial, two trials, three trials? The one handed out. They were quite amusing. or child molestation, there is going to trial you are in, you can bring your They were handing out little monopoly be a different set of rules that apply to witnesses, it is contemporaneous, you cards saying, "You pass this crime bill them when they go to trial. can say, "No, I wasn't there. The rape and you are going to let 10,000 drug Right now, Mr. President, if the re happened at 10 o'clock and I have four dealers out of jail," because they said porter is charged with bribery or rob witnesses that say I was at Charley's there is a provision-and they were bery-I keep picking on these people; Smoke Shop at 10 o'clock." right about only one part-there was a they are nice folks and they would not But how about the person who comes provision saying those who had been be charged with anything-but if he in and says, "Twenty years ago, this convicted in the past, who were still in were and he goes to trial, and t~e pros happened to me"? What can the defend jail under a minimum mandatory sen ecutor wants to bring in someone who ant do? tence, would be eligible to apply for an says, in eighth grade he stole my wal Then you are supposed to say the earlier release based upon the grounds let, to prove this is the guy who has al jury will not be impacted by that. I that they were nonviolent when they ways been stealing his whole life, the think it is a crazy idea. But I am in the were convicted. They did not use a gun court says that is crazy, you cannot do minority. or a knife; a child was not involved, that. This has nothing to do with this And so, let me tell my friends, who I and so on, a whole list of things, and crime, and it happened 31 years ago, or think subscribe to what I think is a they said this is retroactive. in the reporter's case 15 years ago. You crazy idea, what is in this bill. The I suggested, along with others in the cannot do that. If you are charged with Hatch-Molinari language, to the credit compromise in the House, that we take burglary, you cannot have someone of my friend from up Utah, because he August 22, 1994 CONGRESSIONAL RECORD-SENATE 23655 is the guy that was over there nego me to be put in a position where I es person, what percentage of crime will tiating. The only two Senators in sentially have to get 60 votes. Because, drop if this bill passes? volved in this whole deal was myself as I try to pass my law that the judges What kind of a question is that? I do -that I am aware of-and the Senator think this is a good idea, assuming not know what the percentage will be. from Utah. We got to know more House they do outlaw this crazy notion, But I assure you, America will be safer Members intimately than we knew be somebody is going to stand up in this tomorrow with this passed than if this fore in our lives. place-it will not be the Senator from is not passed. Our lives literally depend I was making the argument-and he Utah, I hope-and say, "Well, we are on it. won; he won that this kind of what I not going to play fair and let BIDEN try There are few things we can say on would call, not technically, hearsay, to get 51 votes, we are going to fili this floor and be certain when we say but I would call amounts to nothing buster him, because if we filibuster him them; that the passage or the rejection more than hearsay, should be allowed and we can make it last 150 days' of this piece of legislation will affect in. worth, prevent a vote, then this law whether or not someone is alive or We are not talking about prior con automatically becomes law." dead a year from now, crippled or victions, by the way. We are not talk Of everything in this crime bill, the heal thy a year from now, safe in their ing about not letting the guy who is up only thing that I have a moral, intel home or not safe in their home a year for rape and was convicted three times lectual, and practical aversion to is from now. for rape and the prosecutor, say, wants this last provision I talked about. It will not end crime. But thousands the jury to know he has been convicted Now I cite this not only to not kid of Americans, tens of thousands of three times for rape. There is already anybody who said, "Gee, BIDEN wrote Americans, in my view, will live safer, Federal rules of evidence to allow that this crime bill and, man, he is tough on more secure, and happier lives if we to happen. We are not talking about crime. I like him for being tough on take this money that we are getting that. crime.'' from firing Federal bureaucrats and But, my friend won. Here is what we I want to have truth in lending here. hiring cops. put in there. The Hatch-Molinari lan Do not give me credit for this last I thank my friends for their indul guage allowing this kind of evidence in tough provision. I do not like it. I gence. will become law immediately upon the think it is wrong. I think it is unfair. I would like to also add one thing the passage of this bill, subject to the fol I think it violates innocent people's leader and others have pointed out to lowing two things: First, they have to civil liberties. That is the first reason me. I wanted to debunk the notion that wait 150 days to allow the mechanism I tell you about this. defeat of this crime bill will lead to a that-by the way, we do not pass any But the second reason is to make the Thursday adjournment, until after rules of evidence like this. We had a concluding point, and then I will yield Labor Day. We are not leaving here mechanism set up years ago. A couple to my friend, and that is that even I do until this crime bill is passed. There of decades ago, we decided we should not like everything in this bill. are 1,000 little methods that are used to not write these kinds of laws, rules of How long is this bill? This is a copy convince people-Democrats and Re evidence; we should give that authority of the bill. It is relatively small print. publicans---to vote for or against legis to the Federal courts. And they have Single spaced, relatively small print, lation. The most intriguing one used is: set up a judicial conference and they there is a total of 412 pages in this bill. If you vote for this you get to go home. make recommendations and then we ei Now, we have, as my Republican col If you vote against this you get to go ther vote for or against those rec leagues keep pointing out, a health home. ommendations. If we do not vote care bill that is this big. We will soon One of the rumors circulating is, if against them, they become law, be have an energy bill and a Superfund you just defeat the crime bill, there cause experts who do nothing but this bill and a lot of bills that are very will be nothing else for the Senate to get to deal with them. · thick. do, so you get to go home for Labor So I must acknowledge that the Sen I plead with my colleagues, do not in Day. ator from Utah compromised a little sist that every single piece of this om I do not want to go home for Labor bit on this. He said we have to wait 150 nibus bill be something that you like. Day and face my constituency with the days before it becomes law, to let the Because if we all do that, we will deny defeat of this crime bill. But you are judicial conference look at it and make forever the additional protection the not going to get that chance anyway. If a judgment. That is the good news American people need. There must be this crime bill is defeated, the one from my part. some compromise. There must be some thing you are not doing is going home. Now here comes the bad news. If, compromise. That is the one thing you are not within the next 150 days after that, we I will do all in my power, which is ob doing, is going home. do not affirmatively reject the Hatch viously and discernibly limited, but I But I am stopping and I yield the Molinari, et al., law, then it automati will do all in my power to get rid of the floor. cally becomes law. Hatch-Molinari provision, if I can. I The PRESIDING OFFICER. The So I am expecting that more enlight will probably lose. But I will vote for Chair recognizes the Senator from ened minds, more enlightened perspec this bill, because, as much as anything Utah. tives---that is, the Supreme Court and I have ever voted on in 22 years in the Mr. HATCH. Mr. President, I have en the Federal judges---will, when they U.S. Senate, I truly believe passage of joyed listening to my colleague here look at this proposed law, say, "This is this legislation will make a difference today. I have to say he knows an awful crazy." I do not know; I am hoping in the lives of the American people. lot about this bill. My only desire is to they will. If I am wrong on that, then I believe with every fiber in my being continue to improve the bill. I am totally wrong, and I yield. I am that, if this bill passes, fewer people We had a bill that went out of the beaten. will be murdered, fewer people will be Senate that was $22 billion. This one is But, if they come back and say, "No, victims, fewer women will be sense $30 billion. That bill was tough on this is a bad idea. Here is how we lessly beaten, fewer people will con crime, it had all kinds of provisions in should change the law," then, after tinue on the drug path, and fewer chil it that are no longer in here. Now we they do that, I have 150 days in which dren will become criminals. It will not have restored some over the weekend to get out here and affirmatively get 51 end crime in our time. that is through the very energetic ef Senators to vote for that. Can I answer a question like was forts of some of our people over in the I am sure my friend from Utah would asked on one of the talk shows, Evans House of Representatives. not do this to me, but somebody will and Novak, one of the most unusual But that $22 billion bill passed the stand up and require me-because I questions I have ever heard asked? Tell Senate 94 to 4 and had the gun provi have to get this done-they will require me, they were asking this particular sions in it. So the gun provisions have 23656 CONGRESSIONAL RECORD-SENATE August 22, 1994 never been an issue as far as many of criminals through the revolving door So those are the four basic things we us are concerned compared to having a to such a fast degree that they are just wanted to get done. Naturally there crime bill that is really tough on in and out. And they are heroes when are other things in there that both crime. That is in spite of the fact that they come out. They are not serving Senator BIDEN and I fought for and still I personally believe that it is a terrible enough time. So we need more prison are in there. thing to take away the rights of indi space, and that was the No. 1 priority. Some have said why would you file a vidual, law-abiding sports people-col In fact, there were four priorities point of order over here? Why do you lectors and others who abide by the that we would consider to be basically not just vote on it and take this bill? laws-in the frenzy of people who think coequal. Prison space-prison construc Because, No. 1, it is larded with pork; these innocent people are the reason tion: We wanted $13 billion, the House No. 2, there are a lot of good tough pro why we have problems with so-called bill had some $13.5 billion, the Senate visions that are not in there; No. 3, we assault weapons. bill had only $6.5 billion. There is now need to cut back some of the moneys; Be that as it may, the bill passed the in this bill $9.8 billion for prisons, but No. 4, we need to stiffen some of the Senate with the assault weapons in it. $1.8 billion is for alien incarceration, provisions-and there are other reasons The House then came up with a bill and so you are talking about $7.9 bil as well. Some are upset because there that is not nearly as good as the Sen lion for prisons. That is still a little bit is $2 billion of walking around money ate's bill but they upped the ante to $27 better than the Senate bill but it is ap in this bill. billion-that is $5 billion more than the proximately $5 billion less than what By the way, let us just be honest Senate. And keep in mind when wear we think is necessary. But what is not about it, this is an authorizing bill. gued about the trust fund here on the said is that hardly any of that money That trust fund does not have $30 bil Senate floor, we showed that we might, has to go for prison construction. It is lion, nor will it have $30 billion. I have through the Reinventing Government so broadly written they can do all always questioned whether it will real provisions that are cutting 250,000 Fed kinds of things with that money be ly have $22 billion, which is what we es eral Government employees-we might sides do prison construction. No. 2, we wanted cops on the streets. timated it would have when we debated be able to raise $21 or $22 billion so This President, my chairman, Senator the bill on the Senate floor. And I do that the Senate bill would be fully BIDEN, and others have continually rep not believe it will have that much. funded. We go to conference and the resented to this country that we are So the fact of the matter is, last conference is stacked with all liberal going to have 100,000 new cops on the week we passed the 1995 Commerce, Democrats-not one moderate, not one streets over 6 years. There is abso Justice, State appropriations bill. That conservative among the whole group. lutely no way that even spending $30 funded the first year of the crime bill. And what do they do? They up the ante billion as they have done, because We funded the community policing pro to $33 billion, $11 billion more than the there is so much pork in here, there is gram of $1.3 billion, but only funded Senate had that was covered by this so no way that they are going to get prison grants at $24 million. Who is called trust fund, and $6 billion more more-it looks to most experts-than kidding whom? What is likely here, if than the House itself did. And they 20,000 cops on the street. And then the we adopt this conference report, is we larded it up with pork. States will be stuck with paying for will say all these wonderful things we There was plenty of pork in it at the them after they will initially get. the are going to do for America, and the $27 billion figure. In fact there was a money. But nevertheless, that was the Appropriations Committee is not going lot of pork in it at the $22 billion fig second priority. We wanted prison con to put the moneys there, because they ure. Not nearly as much as the $27 bil struction; we wanted 100,000 police on are not there. lion bill and nowhere near as much as the street. There is a $13 billion deficit in this the $33 billion bill. Over the weekend, The third priority was to keep all bill, and let me tell you what will be because the Members of the House of kinds of law enforcement provisions. A funded over the next 6 years. It will be Representatives, both Republicans and number of those were taken out. Sen all the pork barrel projects that do not Democrats by the way, in a bipartisan ate Republicans tried 30 amendments do anything against crime. That is way rejected the almost-always-grant in the conference, to restore to this bill what is going to be funded. It is deceit ed rule by the stacked Rules Commit the tough amendments that we had en ful, but that is really what is going to tee in the House, Senator BIDEN and I acted here in the Senate on the Senate happen to the American people. had the privilege of spending all night floor in the Senate crime bill. We were The Dole-Hatch antigang provisions long Thursday night, Friday night, and rejected on all but two and those two are no longer in the bill. Saturday night, working to try to see were watered down. So in the law en The Simpson provision, the criminal if we could bring about some order. forcement side this bill is deficient. alien deportation amendment, is no I, trying to help our young Repub Fourth, the Biden-Hatch violence longer in the bill. Under that amend licans over there in the House on the against women bill. I personally have ment, a judge could sentence the alien provisions they wanted to try to get in fought for that bill from the beginning, who committed the crime and then im to improve the bill, and Senator BIDEN along with my colleague Senator BIDEN mediately issue an order to deport that helping his Democrat counterparts, to who deserves a lot of credit on this. alien so that after that alien serves try to resolve it. They reduced the But the fact of the matter is, it is in time, that alien is automatically de pork in this bill $2.0 billion, cut law en this bill now. I am happy for it. By the ported. forcement to a degree, and cut some way, we do change evidentiary rules. Tough Federal mandatory minimum other programs that really were funny Senator BIDEN was concerned about sentences when criminals use a fire money anyway. changing evidentiary rules with regard arm, no longer in this bill. So now we have a $30 billion con to prior acts of violence by rapists and Tough Federal mandatory minimum ference report here today, $8 billion child molesters, like that was some sentences for selling drugs to minors, more than what we passed in the Sen thing we do not do now. We do it in the no longer in this bill. ate which we felt was a pretty larded violence against women bill. Why Tough Federal mandatory minimum bill but nevertheless a tough on crime should we not do it against child mo sentences for those who employ minors bill. We were willing to vote for it and lesters and rapists? Especially since in the sale of drugs, no longer in this accept the lard because it was tough on both Houses overwhelmingly-at least bill. Why would that not be in the bill? crime. But somewhere between the the Senate overwhelmingly passed it Do we not want to do something Senate bill and this conference report and the House overwhelmingly directed against these people who subvert mi we have lost a lot of provisions. their conferees to put it in. Of course, nors to sell drugs? What is wrong with Frankly, we also wanted to have as over there they just completely ig that provision? Why is it not in here? priority spending, prison construction, nored what the House vote told them Because the left, in their wonderful dis because we are rolling these hardened to do. cretion, kept it out because they August 22, 1994 CONGRESSIONAL RECORD-SENATE 23657 stacked the committee with total left predators, these rapists, these child un tary moneys. You know, it was people and it is tough to get anticrime molesters. I am getting tired of it in working. People were voluntarily rais matters in there because, in all hon this society and, by gosh, to their cred ing the money. They did not need the esty, there is a great concern by many it, Members of the House did that. Federal Government to send money out of them for the criminals. They eliminated the retroactivity in to them and then tell them who could I might add, the Terrorist Alien Re mandatory minimum sentencing. That play and set the rules of the game. moval Act, no longer in this bill. It was is good. That will solve the problem of That is what these people a:re doing. in the Senate bill. There are a lot of 10,000 to 16,000 early releases of people No, we had a voluntary system that things that I could talk about. convicted and sentenced to Federal worked. It was a community system, I want to compliment my friends in prison. We think that is good. So those people got involved and it worked. the House on the Republican side, and are good things. These people want the Federal Govern some Democrats as well, for working to Those could not have happened but ment to dictate who can play and how restore a few provisions. The Dunn for a procedural victory over in the the league can be operated. Zimmer provision-that is the sexual House of Representatives. That proce I will go for some of these smaller predators provision-was restored. It is dural victory was rejecting the almost programs, but what about the Local good that it was. It is time for commu always guaranteed rule of the House Partnership Act? That is in here for nities to know when sexual predators Rules Committee that is so stacked on $1.6 billion. And it is money they just live among them. Why should women the left with liberal Democrats that it give to the local communities to spend not know about that? I heard the com is automatic for the rule to be passed. any way they want. plaints over there from some of the lib But enough people over there saw Now, our mayor from New York, Ru erals that, "My goodness, you'll be in through it and said, "We're not going dolph Giuliani, and almost every fringing upon the rights of that poor to pass that rule," and when they did mayor in the country, says, "We want sexual predator; people will know who not, the left over in the House, and all that money." Of course, they do. Have he is." Well, I sure as heck hope they the rest of the House Members, had to you ever seen a mayor who did not know who he is, and it is about time we sit down and negotiate what now is want more money from the Federal do. this conference report. Government? I can name a few, but You have heard the distinguished I commend them for doing it. They they are darned few, let me tell you. Of chairman of the committee, Senator worked all night long Friday night, all course, they have their hands out for BIDEN, say that he hates the Molinari night long Saturday, all day yesterday every nickel they can get from the Dole-Hatch provision. That is a provi and they passed this conference report. Federal Government and especially sion that allows into evidence prior It is better than the prior conference when there are no strings to it like the acts by rapists and child molesters. report. Local Partnership Act. That is 1.6 bil Why should we not let the juries know Senator BIDEN and I were there Sun lion bucks that could go for law en and the judges know that these people day morning at 2:30 during the discus forcement that is going right down the have a pattern and a series of acts that sion. Even the President admits this is drain. And the funny thing is the cities they have done that have amounted to a better bill-the President, who was get their hands out and they expect to rape or child molestation, or in some condemning us up here-condemning us keep that money there, to the det cases both? Why can we not get tough up here-for this exercise we had to go riment of law enforcement. on these people? through and saying the Republicans I can name a number of other pro I commend my colleagues for putting are trying to stop his crime bill. First grams. I believe in prevention pro that in. By the way, what does that of all, let us understand, the President grams. That is what the Violence amount to? Does that amount to let never sent a crime bill up here. As Against Women Act is. It is $1.6 billion. ting somebody put in some allegation much as I like him personally, I do not Nobody has fought harder for it than I 31 years ago into evidence? Of course think he knows one-fifth of what is in have, unless it is Senator BIDEN, and I not. What it does is it simply gives a this bill, and for him to condemn peo do not think he has fought any harder presumption in favor of bringing it in. ple who wanted to make it better than I have. We have fought side by The court still has the protective Rules seems to me a little offhand. side. We are both proud of it. We both of Evidence to keep it out if it is not After this exercise, caused by a pro feel it is something that can do a lot of fair. Our judges know those rules. They cedural vote and forcing the Democrats good in this society today. are not going to let in unfair informa to sit down and renegotiate with House Right now, I have my charitable golf tion. But when you have a rapist that Democrats and Republicans who want tournament going on today and tomor has committed acts of rape before, ed a tougher bill, we now have a bill row out in Utah. We are raising $250,000 been convicted, we know that it has that even the President admits is bet to $300,000, part of which is going to happened, why should it not come in? ter than the conference report before. women in jeopardy programs, battered The fact is, it should. They would not admit to the pork bar women shelters, because I feel so I might add, on the mandatory HIV rel spending until this conference re strongly about it. testing, you could not believe the left port was adopted with $2 billion less of The fact is that is a prevention pro over there and here, by the way, who it. gram, one that will work, one that is whined and moaned and groaned that I am telling you, there is still a lot of needed, one that I am willing to put we want to find out whether these peo unwarranted pork barrel spending in my money where my mouth happens to ple are HIV positive who rape these here. Let us take something like mid be. But some of these are just do-good, women. I kind of put myself in the night basketball. Is that pork barrel give-away programs with no real sug shoes of the poor woman who has been spending? Sure, it is. I happen to be a gestions on how to do it. raped sitting there wondering, "Did supporter of midnight basketball. I What mayor in his or her right mind that guy have AIDS? Was he HIV posi think it is a great thing. But if we take would not want that money? I cannot tive? Am I going to get it?" That is the language that the liberal Demo blame them. My mayor of Salt Lake what these women worry about. Why crats put in there-they were going to City wants that money, and I ·do not are we not worried about them? have quotas on who could play mid blame her. Any time you can get free We were, because those House Mem night basketball, have Federal rules as money, it is a wonderful thing. And all bers fought to get that in against the to who could use this money. you have to do to get it is say we are desires of many on the left. And I Keep in mind, midnight basketball going to do something about crime. fought to do it and I fought to get that was a President Bush idea. I admit Well, any altruistic good thing, you Molinari-Hatch-Dole or Dole-Hatch that. It was a great idea, and it was one can argue, will do something about language in. You bet I did. It is about of his points of light for voluntary sup crime because anything that is good time we get tough on these sexual port by the communities, raise the vol- tends to make people good. So we could 23658 CONGRESSIONAL RECORD-SENATE August 22, 1994 have millions of programs that we the conference report before us, even just like they did in the House and get could argue are anticrime programs. with these good changes, falls far short a better bill, after which I think the But we have scarce resources that I in that regard. · President will say, "By gosh, that is want to go to fighting crime. And in all The report's provision on prisons is even better yet" and have everybody honesty, when the chips are down, too soft. The so-called prison provision supporting it, or at least virtually ev other than trying to get maybe 20,000 permits, if not requires, every dime of erybody supporting it. police on the streets--and that is about its Federal aid to be spent on "alter The budget point of order is not in all you are going to get from this bill, native correctional facilities"-what tended to kill the crime bill. It is in if you get that. Some estimate as low we are getting to is the Federal Gov tended to provide the basis for making as 2,000, while the President is still ernment taking over the State prison the bill tougher. Indeed, the course I talking 100,000. That is a joke. Sooner systems--facilities such as halfway am proposing parallels the course of or later, when the chips are down, and houses and the like. action which occurred in the other the moneys are raised, you mark my They are essential, but we do not body. A procedural vote ultimately words; most of that money is going to want to have the Federal Government forced the administration and the go for these pork barrel projects rather tell us how do it. These are alter House Democratic leadership to deal than for the anticrime projects. And natives to the brick and mortar pris with the moderate House Republicans. that is what we are fighting for. ons, what the conference report calls The result is a somewhat improved bill, Now, what is my point? My point is "conventional prison space." All of the not one that I approve but somewhat that in the House of Representatives, so-called prison money can and, given improved. I was there advising but cer the Republicans were criticized, and the wording of the provision, perhaps tainly not approving everything they the Democrats who voted with them must be spent on alternative facilities did. were criticized, for beating a proce that free prison space, not on building If the budget point of order is sus dural rule. But even today, because and operating prisons. We need, in tained in this body, the same negotia they beat that procedural rule, the bill stead, an emergency buildup of real tion process should occur here and we is better than it was before they beat prison space if we are going to house will get a stronger crime bill. That is that rule. Even the President admits it these hardened criminals. my purpose. There is plenty of time is better today. And the reason it is Further, all of the money in the pris left in this session to produce a worthy better today is because Republicans on section is conditioned on the State's crime bill, and we can do much better and Democrats beat the rule and then adoption of a liberal correctional plan, than this conference report before us. forced some of these very good including diversion programs, job Now, I think the American people de changes. training programs, rehabilitation pro serve no less. As many as they did, there are only grams, and treatment programs--fur Let me recount briefly where we are a comparatively few changes. There is ther diverting resources away from and how we got here on this crime bill. still a lot that needs to be done. So building real prisons. The Senate passed a crime bill last No there will be a point of order, I believe, The bill spends too little money on vember after reviewing over 250 floor filed, and if we sustain the point of prisons even if we can straighten out amendments. It was not a perfect bill, order, then that means we have to sit these problems, and thus far we have as Senator BIDEN said. I voted for it, down and work out some more good not been able to. however, because I believed its good changes before we pass this bill. I, for The bill spends far too much money sections outweighed its bad sections. It one, will work my tail off to make sure on social programs, and the bill re passed 94 to 4. The other body took that we get those good changes and mains insufficiently tough on crimi until April to pass a crime bill. It then that we pass this bill, as I have worked nals. took the two bodies, controlled by the ever so long. Let me add that the President says other side of the aisle, over 3 months to Like I say, I compliment my col this bill will put 100,000 new police offi produce a conference report. league from Delaware. He was over cers on the street. Independent experts This delay occurred through no fault there all day Friday, all night long Fri on both sides of the aisle, both the Re of this side of the aisle. day, all day Saturday, all night long publicans and the Democrats, say that The conference produced a crime bill Saturday, and all day Sunday just like is poppycock. It may add 20,000 addi much, much weaker than the one I was. I compliment him for it because tional police officers to the rolls of the which passed the Senate. he feels deeply about this and would police departments over several years, Senate Republican conferees offered like to have an anticrime crime bill. a fraction of which will be on the street approximately 30 amendments in con And I know he is sincere in trying to at any one given time. ference. I express my appreciation to do so. Well, so am I. And if we win on The President talks of three-strikes Chairman BIDEN for facilitating consid that procedural vote-it is an impor and-you-are-out provision of the con eration of those amendments. Unfortu tant procedural vote-then we will do ference report, but it affects 500 or less nately, only two of our amendments, in everything we can to make sure we im criminals a year. It is almost incon watered down form, found their way prove this bill in the best interests of sequential. Those of us who allowed it into the conference report. Senate Re everybody in America. to pass, and even supported it, we know publican conferees also offered a $28.25 Now, what I have trouble seeing is that. Tough Senate Republican amend billion 5-year, fully funded, no gim why, when we set $22 billion in the Sen ments obtained in the Senate crime micks crime bill with 90 percent of its ate crime bill that really is a crime bill affecting thousands of criminals money going to prisons and law en bill, and we are worried about funding were dropped in conference. forcement. It was turned down. that in this trust-fund approach By the way, the three-strikes provi When the rule on the conference re through reinventing government, the sion of the Senate bill was much better port reached the House floor, as we all gradual getting rid of 250,000 Federal and it involved all kinds of people. But know, it was defeated. Shortly there employees, why when the House ups it they changed that as well. after, following a burst of partisan to $27 billion- and it is clear that they We have the means substantially to rhetoric from the administration, ne cannot fund it all-why it is going to improve this bill. Like I say, a budget gotiations occurred between Members work better with $30 billion that lit point of order lies against the con of the other body from both parties, erally we know we cannot fund. ference report. If it is sustained, which and with the administration. I stress Mr. President, the most effective pre requires 41 Senators to vote against a that this was a House, not a Senate, vention program we can enact is one motion to waive the point of order, I negotiation. that provides for the swift apprehen am prepared to seek these substantial I commend Representatives CASTLE, sion of criminals, their speedy trial, improvements. We can do so through KASICH, MOLINARI, LAZIO, and others. and their lengthy incarceration. Now, bipartisan negotiations in this body They got some definite improvements August 22, 1994 CONGRESSIONAL RECORD-SENATE 23659 in the bill such as: The mandatory HIV Hatch amendment subjecting 13-year to Federal courts to sentence a limited testing of persons charged with rape, a olds committing certain heinous category of convicted criminals below provision of mine in the Senate bill crimes to prosecution as adults, to the the otherwise applicable mandatory which the conference had initially tough Dole-Hatch-Brown Federal minimum sentence for certain drug of dropped; the Dole-Molinari-Hatch pro antigang provision. fenses. It has been stated repeatedly vision on the admissibility of evidence A vote for this conference report is a that there should be some measure of of prior acts in sex offender and child vote effectively to repeal mandatory discretion returned to judges in sen molestation cases, in a modified form. minimum sentences for many drug tencing defendants who are first-time, They put it off for a year, so that the traffickers, conspirators, and dealers nonviolent offenders. The House and left in these two bodies could try to a much broader provision than the Sen Senate, however, differ on how to de kill it. But we are not going to let ate adopted in November. fine first-time, nonviolent offenders. In them kill it. A vote for this conference report is a a word, the House provision takes a de Other improvements include: The vote to spend a woefully inadequate cidedly more liberal approach than the mandatory minimum penalty provision amount of money for the construction provision I authored in the Senate is improved, although it is still not and operation of prison space. A careful crime bill. back to the tougher Senate provision; a examination of the conference report's The Senate version was adopted as somewhat improved sex offender notifi provisions on prisons reveals it is much part of a Hatch amendment and passed cation provision; and $2 billion in pork better suited for sound bites by the by a vote of 58 to 42. The Senate voted have been cut from the conference re President and those who favor spending overwhelmingly to instruct its con port, a good start which we should as little as possible on real prisons ferees to insist on its version of the build on in the Senate. than it is suited for the actual con legislation by the even larger margin I might add that as bad as the origi struction and operation of prison of 66 to 32. nal conference was, it did contain some space. The Senate version delivers the nar worthy provisions which are still in the A vote for this conference report is a row reform needed to return a small bill. vote to waste literally billions of dol degree of discretion to the courts for a On balance, however, the conference lars in 1960's style social spending small percentage of nonviolent drug report before us remains too weak. We boondoggles, rather than spend these cases. It essentially permits the courts, can do better. precious resources on hard-nosed law consistent with the sentencing guide There are several key elements that enforcement programs and more prison lines, to impose sentences below the a crime bill worthy of Senate passage space. This is a cave-in by the Presi mandatory minimums for drug traf should contain, and which this con dent who supported this diversion of ficking, distribution, and possession of ference report omits. crime-fighting funds into social spend fenses (21 U.S.C. 841, 881, 941), provided A crime bill worthy of the Senate's ing boondoggles. This diversion is an the defendant is a first-time, non support should have at least $13 billion effort to appease liberal special inter est groups on whom he relies for politi violent offender. Mandatory minimum in real money for the actual construc sentences for violent offenses or for tion and operation of real prisons. cal support. House Republicans com pelled the administration to trim some child-related drug offenses are not af A crime bill worthy of the Senate's fected by this measure. Before the support would not condition the of the fat. The Senate should cut out the rest of it. court can even consider departing from States' receipt of prison funds upon the A vote for this conference report is a the mandatory minimum, the court adoption of a liberal correctional plan, vote to acquiesce in this administra would have to find that each of the fol which is what this bill requires. In tion's cynical, back-door betrayal of lowing factors have been met: other words, by making these pre the American people concerning the First, the defendant has "O" criminal conditions, the conference report is death penalty. This administration has history points: Essentially, this means dictating to the States what they have said it will implement by Executive the offense must be the defendant's to do. Frankly, the States do not need order what it cannot achieve through first felony conviction, with some nar this. They are doing a good job, by and the legislature, that is, the misuse of row exceptions. large, by themselves in this regard. statistics to undermine, if not end, the Second, no injury: The offense did A crime bill worthy of the Senate's use of the death penalty where it is not result in death or serious bodily in support should not squander billions of otherwise merited. jury to any person. dollars in scarce crime-fighting re A vote for this conference report is a Third, no weapon: The defendant did sources on gauzy social spending vote to be soft on crime. not carry or possess a firearm or other schemes straight out of the failed A vote on this conference report is a dangerous weapon during the course of Great Society of the 1960's. I note, Mr. vote for deficit spending because there the offense, or direct another to do so. President, that attention has been fo is at least $13 billion in deficit spend Fourth, not a leader or organizer: cused on some of the pork cut from the ing, assuming we fund the bill, which The defendant was not an organizer, bill. Let us not lose sight of the pork everybody here knows will never hap leader, manager, or supervisor as de remaining in it. pen. Then again, if they fund most of fined under existing sentencing guide A crime bill worthy of the Senate's it, it will be for the pork barrel parts of lines. This ensures that a first-time of support should impose stiff mandatory it. fender, who is nevertheless a major minimum penalties for the use of a gun Of course, that does not apply to the dealer or trafficker, will still face the in a crime. This bill does not. extent of $1.6 billion for violence mandatory minimum sentence. A crime bill worthy of the Senate's against women. I do not consider that Fifth, nonviolent: The defendant was support should impose stiff mandatory pork barrel. Even though it is preven nonviolent, in that he or she did not minimum sentences for selling drugs to tion money, it is money that I think use, attempt to use, or threaten to use kids. · will make a difference. force against the person of another This bill does not, even though there A vote for this conference report is a during the offense. Any person who is a chance to put it in there. While I vote to restrict second amendment uses or credibly threatens violence will never understand the liberal mind, rights without any real impact on should face the mandatory minimum why are they not more concerned crime. penalty. about these kids out there? Let me turn to each of these con Sixth, did not own the drugs: The de A crime .bill worthy of the Senate's cerns. fendant did not own the drugs or fi support should retain the many tough LIBERAL MANDATORY MINIMUM SENTENCE nance any part of the offense. provisions passed by the Senate and REFORM According to the Sentencing Com abandoned by the conference--provi Both the Senate and House crime mission, less than 1 percent of manda sions ranging from the Moseley-Braun- bills return some measure of discretion tory minimum drug defendants would 23660 CONGRESSIONAL RECORD-SENATE August 22, 1994 meet all of these factors. If all of these oner work activities, and job skills pro billion over 4 years in the Republican factors are met, a sentencing judge grams." What do any of these things proposal would have made a significant would then be permitted to apply the have to do with locking up violent of different in boosting prison capacity. sentencing guidelines without being fenders? In over half of our States, at least bound by the mandatory minimum. In effect, in order for the States to one prison is under a court-ordered in The House version, now part of the qualify for the "prison" grants, they mate population cap. Seventeen States conference report, differs in several have to spend much or all of it on a have emergency release programs to troubling ways from the Senate pro costly, liberal "corrections" scheme. relieve overcrowding. In 1992 alone, posal. This is a shell game. Ironically, the so 32,999 inmates were released under Under the conference report provi called truth-in-sentencing Republicans these programs. Florida accounted for sion: had fought for was opposed by some on 26,000 inmate releases. These are just First, defendants with prior drug and the other side of the aisle as being too the emergency releases. These figures violent records who managed to avoid costly for the States. Yet, they have do not include those released on parole substantial prison time are permitted little trouble requiring the States to after serving less than half of their sen to benefit as first-time offenders; sec implement the Clinton administra tences as a matter of course. And, let ond, defendants with foreign convic tion's version of appropriate correc me remind my colleagues, we are a tions are still considered first-time of tional policy-diversion programs, in very mobile society, and prisoners re fenders; third, defendants who sold cluding drug diversion, treatment, and leased in another State can readily drugs can benefit; and fourth, defend job skills programs-in order to qualify show up in our States. ants who directed others to carry fire for the prison grants. In Florida, the State has initiated a arms are considered nonviolent, and To make matters worse, the con new policy to free-up prison space. could benefit from the reform. ference report supporters suggest that Clemency is granted to foreign drug INADEQUATE PRISON SPENDING the bill conditions as much as 50 per dealers, and they are deported. Re Mr. President, the conference report cent of the so-called prison grant fund cently, Governor Lawton Chiles ap spends an inadequate amount of money ing on State implementation of truth proved the release of 113 such pris on prison construction and operation. in-sentencing. Yet, State adoption of a oners, and the program could ulti In fact, not one dime of the so-called determinate sentencing scheme under mately release thousands more-the prison money must be spent on prison their proposal will only apply to sec Washington Times, June 10, 1994. The construction and operation. ond-time violent offenders. Further INS is apparently cooperating with The other side of the aisle claims to more, these grants are subject to the Florida in this program. Instead of aid spend $9.8 billion on prisons. Yet, $1.8 same condition I mentioned earlier ing and abetting the early release of billion of that funding is given to the the State must implement a liberal prisoners from State prisons, the Fed Attorney General to hand over to the "corrections" scheme. eral Government should be helping States build adequate prison space. States with total discretion to allevi Moreover, for whatever reason, the As this example shows, our commu ate the costs associated with the incar other side of the aisle is intent on giv nities could use these resources to ad ceration of criminal aliens. Not one ing the administration broad discretion dress the prison space problem. Let's dime of the $1.8 billion in alien incar to distribute the crime bill money how put this money into real crime control ceration grants has to be spent on pris and where they see fit. Although the instead of social programs with a crime on construction. other side of the aisle eventually in control label. The remaining $7 .9 billion in so serted a formula, 15 percent of this Prisoners who should remain incar called prison spending is in the prison money is turned over to the At cerated are being released for no other misleadingly rugged-sounding program torney General to do with as she pleas reason than a lack of prison space. We entitled "Violent Offender Incarcer es. As well, if the Department chooses must deal adequately with this prob ation and Truth in Sentencing Grants" to delay allocation of the formula lem. And I certainly do not want more section. Yet, not one dime of this funds long enough, the unallocated for States emulating Florida's experience. money has to be spent on prison con mula grants are turned over to the At Regrettably, this may be happening struction or operation. Let me repeat torney General's discretionary fund. in one fashion or another in some of that: not one dime of the prison pro The reason criminals serve less than our States. posal supported by the President must 40 percent of their sentences is not be A.M. Rosenthal, in a June 3, 1994 col be spent on prison construction or op cause we have failed to spend precious umn in the New York Times, noted eration. prison dollars on drug diversion and job that in 1991, Rather, the money can be spent on skills programs. Our Nation's prisons 34 States released 326,000 prisoners, 90 per alternative confinement facilities in do not have revolving doors, where cent on parole. Including murderers, they tended to free up existing prison murderers are sentenced to 15 years had served 35 percent of their sentences * * * space-not to build new prisons. These but serve less than 7, and rapists are Prisons save lives. Tripling prison popu programs will ostensibly free up exist sentenced to 8 years but serve less than lation from 1975 to 1989 reduced potential ing prison space facilities like half-way violent crime in 1989 alone by almost 400,000 3, because we have failed to spend an rapes, murders, robberies and severe as houses for some offenders, and similar adequate amount of our prison dollars saults. alternatives to prison. In other words, on drug and sex offender "treatment Mr. Rosenthal noted, all of the money can be spent on soft programs" and "post-release assist The cost of imprisoning criminals is as headed ''al terna tive confinement facili ance." much as $25,000 a year. But the price to soci ties" and other alternatives to prison Our Nation's criminal justice system ety for every murder is estimated at $2.4 mil construction and operation. Indeed, I lacks credibility because we have failed lion. From 1987 to 1990, the lifetime costs of believe the wording of the conference to provide an adequate deterrent to violent crimes alone are estimated at $178 report actually prohibits spending this crime and enough places to lock up billion. money on building and operating what hardened criminals. The bottom line, simply stated, is: it calls "conventional prison space for We desperately need an emergency Incarceration of violent criminals re the confinement of violent offenders." buildup of prison space. A Senate Re duces violent crime. Convicted crimi Moreover, this program requires publican amendment to put $13 billion nals should be spending more time State recipients to implement a "com into the construction and operation of serving their sentences. prehensive correctional plan." The prisons was rejected in conference. Yet as the Washington Post reported plan must include, among other things, According to the Criminal Justice In on July 16, 1994, some States "have "diversion programs, particularly drug stitute, our Nation spends approxi been taking a second look at the hard diversion programs, prisoner rehabili mately $19 billion a year building and line anticrime measures and manda tation, and treatment programs, pris- operating prisons. The minimum of $13 tory minimum sentences they enacted August 22, 1994 CONGRESSIONAL RECORD-SENATE 23661 in the 1980's" because they do not have cation, job-training, and other social port says this program's money can be adequate prison space. programs on which the $1.62 billion can spent on youth programs, deterioration Some States are looking at what is be spent. But the money under this or lack of public facilities, inadequate called "capacity-based sentencing." provision can be spent not only on public services such as transportation, Under that concept, a State sets sen those 19 social programs, but also on drug treatment, and employment serv tences based on available prison space. activities substantially similar to ices. This, of course, has it backward and is those 19 programs, or again, for any Thus, this big-spending Federal so a terrible development. Penalties other education, job-training, or drug cial program could fund public works should fit the crime and if there is not treatment program purporting to pre programs, additional social services, enough prison space to house convicted vent crime. The tagline "to prevent and more job training notwithstanding criminals in the States, we should pro crime" is an attempt to convert this existing Federal programs in these vide the resources to build and operate Great Society program into an anti areas. And there are no real standards that prison space. The American people crime proposal. By slapping the phrase in the bill. It is pretty much an old expect and deserve no less. ''to prevent crime'' in these purpose style giveaway program. There is another reason why the con clauses, this provides the cover to hi Although police and law enforcement ference report is inadequate on prisons. jack $1.62 billion in precious crime equipment are at least included among I have always been willing to cooperate fighting resources for anything at all the permitted uses for these grants, in with the President's desire to place that localities will label "education to my view, the overall focus of this pro more police on the street. Of course, prevent crime" or for drug treatment, gram is wholly inappropriate. Merely many experts believe the administra or for more Government jobs programs. calling a program an anticrime meas tion has vastly inflated the number of The $1.8 billion would be much better ure does not make it so. It makes no police officers its proposal would actu spent in really fighting crime by spend sense to spend $625.5 million of scarce ally put on the street. But what does ing it on prisons. crime-fighting money on ill-defined so the President think these new police The General Accounting Office re cial welfare and• public works pro officers, if they ever reach the street, cently reported to Senator DODD that grams. Our crime crisis is too severe are going to do? Sure, they will deter there are seven Federal departments for that. some crimes. But are they not also sponsoring 266 prevention programs A stated purpose of this grant pro going to apprehend violent criminals as which currently serve delinquent and gram is to compare various crime con well? Where will society put these vio at-risk youth. Of these 266 programs, 31 trol and prevention strategies, and de lent criminals? If the conference report are run by the Department of Edu termine which ones work. But of is adopted, I will tell you where many cation, 92 by HHS, and 117 by the Jus course, we already know what works in of them will wind up: back on the tice Department. crime control. street through the same revolving door The GAO found that there already Experience has demonstrated that plaguing our society today. We do not exists "A massive Federal effort on be one very effective way to reduce vio half of troubled youth" which spends lent crime is to identify, target, and in have enough prison space today. Put capacitate recidivists and violent ting any number of new police officers over $3 billion a year. The GAO went on to report that: criminals. on the street without a commensurate In order to do this, we need to spend build up in prison capacity will only Taken together, the scope and number of more on prisons than the proposed con turn the revolving door faster. multi-agency programs show that the gov ernment is responsive to the needs of these ference report is prepared to do. Let me But my colleagues on the other side stress again, briefly, what A.M. Rosen of the aisle would rather spend money young people * * * . [It] is apparent from the federal activities and response that the needs thal wrote in a June 3, 1994 column in that ought to go to prisons on yet more of delinquent youth are being taken quite se the New York Times entitled "Prisons social programs. If my colleagues are riously.-GAO Report, Federal Agency Juve save lives": "Tripling prison popu set on resorting to 1960's style social nile Delinquency Development Statements lation from 1975 · to 1989 reduced poten programs with new labels on them, I August 1992. tial violent crime in 1989 alone by al respectfully suggest that they get their Despite the findings of the GAO, the most 400,000 rapes, murders, robberies funding out of existing social spending conference report throws even more and severe assaults." programs rather than raid a trust fund open-ended social spending money at The Local Partnership Act and the that is aimed at fighting crime. State and local government under a Model Intensive Grant Program, total WASTEFUL SOCIAL SPENDING IN THE CRIME BILL prevention label. ing nearly $2.25 billion, originated in Mr. President, I support spending The Model Intensive Grant Program the other body. some money on so-called prevention is yet another social spending program, Instead of spending billions on nebu programs. The Senate Republican con originating in the other body, which lous social boondoggles with a crime ferees offered an alternative which in does not belong in this conference re control label, let's spend it on crime cluded $1.1 billion in smart prevention port. In reality, it has very little to do control that works. Let us spend it on programs. But the conference report with fighting crime, and much to do more prison space. wastes billions of dollars in pure social with providing Federal tax dollars to Instead, seeing that a multi-billion spending, much of it originating in the favored social spending programs. dollar pot of money has been estab other body. This conference report is, This program gives the Attorney lished to fight crime, advocates of big in significant part, a resurrection of General nearly total discretion to spending social programs could not re the President's failed stimulus pack spend $625.5 million in grants to 15 sist the urge to raid funds desperately age. For example, the Local Partner chronic high crime areas. Some of this needed for actual law enforcement-for ship Act is precisely the wrong kind of money might be spent on inadequate more prison space, more FBI agents, program for this bill. In reality, it has police or public safety services, equip more DEA agents, more Federal pros nothing to do with fighting crime. ment, or facilities. But of course, if any ecutors, more money for local law en This amorphous program would give of this money is actually spent on forcement-in order to fund yet more local governments $1.62 billion over the State or local police or police equip social spending. There are those who next 2 years to spend on three ill-de ment, there are better ways to target want to hold down the crime bill's fined purposes: Education to prevent help to police than this program, such spending on prisons and law enforce crime, and jobs programs to prevent as the Byrne Grant Program. ment as much as possible. They have crime. That is it. There are no other Moreover, this $625.5 million can be the active support of the Clinton ad real standards for spending this $1.62 spent on anything at all, so long as minis tra ti on. billion. someone does not forget to try to link I am not against all so-called preven The provision does list no less than the spending to crime, no matter how tion programs. But the American peo 19 wide-ranging drug treatment, edu- tenuous that link. The conference re- ple demand that we spend their money 23662 CONGRESSIONAL RECORD-SENATE August 22, 1994 wisely. Indeed, in a recent letter to me Services to provide lines of credit to These three programs alone squander from the Attorney General in which community development corporations over $2.5 billion in scarce crime-fight she conveyed the administration's so they may "finance projects intended ing resources on 1960's style social pro views on this legislation, Attorney to provide business and employment gram boondoggles in order to satisfy General Reno noted that "in these opportunities for low-income unem the special interests on the other side times of fiscal restraint, we must en ployed, or underemployed individuals of the aisle. This is neither tough nor sure that the money is spent well." She and to improve the quality of life in smart. went on to say that we should "avoid urban and rural areas." Let me repeat Let me mention another one of the the duplication, waste, and bureau that last part-this violent crime con wasteful spending programs in this bill. cratic battles that too often accom trol and law enforcement bill will fund The so-called Community-Based Jus pany government programs." efforts "to improve the quality of life tice Grants Program is another par Now, I agree with General Reno on in urban and rural areas.'' ticularly egregious example of the mis this. So I am particularly dismayed Of course, the purpose of addressing guided view of criminal justice which that the administration supports yet violent crime directly, as this bill is permeates this bill. more job-training services in this bill, supposed to do, is, in fact, to improve My colleagues on the other side of such as in the Local Partnership Act. the quality of life throughout our the aisle would have the public believe It is one more instance where the Clin country. By helping Federal, State, that the $50 million that they would ton administration talks tough, but and local law enforcement agencies ap spend on community-based justice doesn't deliver. prehend and convict violent criminals grants is aid to prosecutors. I believe According to the GAO, in the current and drug dealers, and helping them that it's time to apply some truth-in fiscal year, there are 154 separate, over build prisons in which to incarcerate labeling. In reality, these millions of lapping Federal employment and train them, we will do more to improve the dollars would be spent on coddling vio ing programs which, are run by 14 sepa quality of life in more parts of the lent young criminals. rate executive departments and inde country and for more people than a The community-based justice grants pendent agencies. Within these depart program like this. I want the funds in will exhume the failed criminal justice ments and agencies, 50 different offices this program to go to prison construc policies of the 1960's and 1970's. These are responsible for these programs. The tion or operation, or to local or Federal grants would require social workers' total cost? In fiscal year 1994, nearly law enforcement agencies, not to com involvement in the prosecution of $25 billion was budgeted for these pro munity development corporations. criminal cases. Participating prosecu grams. This is an antipoverty program being tors would be required to "focus on the If my colleagues want to spend funded out of a crime bill. We tried offender, not simply the specific of money on such social spending, let that approach to law and order in the fense, and impose individualized sanc them take it from existing budgets 1960's and it doesn't work. If Congress tion [such as] conflict resolution, from the Labor Department, HHS, and must spend money on such a program, treatment, counseling and recreation the Education Department. Do not I urge its sponsors to· go to HHS and re programs.'' take it from scarce crime-fighting direct existing funds to this program. The softheaded sanctions would be funds. We know from experience that But please keep hands off scarce funds imposed not just on nonviolent offend the swift apprehension and sure incar needed to lock up violent criminals. ers, but also on individuals up to 22 ceration of violent criminals prevents This program does not even make the years of age "who have committed as well as punishes violent crime. If pretense of targeting high crime crimes of violence, weapons offenses, you want to prevent crime, raise its areas-it makes not even the cosmetic drug distribution, hate crimes and civil costs substantially. reference to crime that other wasteful rights violations* * *." Let me repeat Let me mention another social social programs in this bill make. Not that. The program defines young vio spending boondoggle. that throwing in a few such phrases lent offenders as individuals up to 22 The National Community Economic will really mask the true nature of this years of age "who have committed Partnership Program is a total waste social program any more than those crimes of violence, weapons offenses, of $270 million crime fighting money. phrases really transform the Local drug distribution, hate crimes and civil Indeed, unlike many of the other social Partnership Act or the Model Intensive rights violations, and offenses against spending programs raiding scarce Grant Program contained in the con personal property.'' crime-fighting resources in the con ference report into anticrime meas Instead of punishing these young ference report, this program does not ures. But those programs at least had thugs, this program will only encour even make the false pretense of being the misleading label on them. This one age their disrespect and disregard for remotely related to crime or even makes no pretense. civilized society by teaching them that crime prevention. Part of the money under this pro committing violent crimes has no real I want the American people to know gram goes to "grants to community de consequences. I cannot think of a more what my friends on the other side of velopment corporations to enable such inappropriate lesson to be sending our the aisle and the Clinton administra corporations to attain or enhance the young people. Violent criminals, what tion are prepared to waste precious business management and development ever their age, need to be treated as crime-fighting resources on. The pur skills of the individuals that manage such. pose of the National Community Eco such corporations or enable such cor Instead of coddling violent youths, nomic Partnership is "to increase pri porations to seek the public and pri this money should be used for law en vate investment in distressed local vate resources necessary to develop forcement and prison construction to communi ties and to build and expand community and economic development help implement the true, tough crime the capacity of local institutions to projects.'' control measures the American people better serve the economic needs of We should not be spending money on are demanding. local residents-now, get this-through enhancing the skills of community de Last year, the Congress rejected the the provision of financial and technical velopment corporation leaders in a President's pork-barrel stimulus pack assistance to community development crime bill. We should spend that money age. The American people saw this so corporations.'' to incarcerate criminals. called stimulus package for what it This crime bill is entitled, by both Republican efforts to move wasteful was-a retread of the failed Great Soci Houses, the "Violent Crime Control social spending into prisons or into ety programs of the 1960's. Having and Law Enforcement Act." Yet, this State and local law enforcement failed to get what they wanted last part of the conference report author through the Byrne Program have been year with the label "economic stimu izes that leading Federal crime fighter, rebuffed by the other side of the aisle lus," the big spenders in the adminis the Secretary of Heal th and Human in conference. tration and Congress have slapped a August 22, 1994 CONGRESSIONAL RECORD-SENATE 23663 crime-bill label on these programs. older as adults in appropriate cases opponents of the death penalty to take That is not tough and it sure is not rejected. such action, either through Executive smart. Tough Federal mandatory minimum order or similar directive, after this TOUGH PROVI SIONS DROPPED IN CONFERENCE .sentences for using a firearm in the conference report is acted upon. Over 2 long days, Senate Republican commission of a crime, the D'Amato The misuse of statistics in applying conferees offered numerous amend provision-rejected. the death penalty, as the administra ments to the proposed conference re Mandatory minimum sentences for tion and the proponents of the Racial port in an effort to toughen the bill selling drugs to minors or employing Justice Act favor, could only lead to an and eliminate this wasteful spending. I minors in a drug crime, the Gramm unconscionable result-the active and personally offered 19 amendments, provision-rejected. conscious consideration of the race of a most of which were taken from provi Fully restricting so-called drug-court defendant during capital sentencing. sions contained in the Senate-passed treatment programs to nonviolent, The result would be a quota system for crime bill. Of these, nine were accepted first-time offenders-rejected. capital sentencing, rendering the death in whole or in part by the Senate con Returning sentencing discretion to penalty virtually unenforceable. ferees. All but two were rejected by the judges in a limited number of cases in Thus, we believe that the Equal Jus House conferees in the initial con volving first-time, nonviolent offend tice Act is now necessary in any true ference, and both of these were watered ers-rejected. crime bill. The Equal Justice Act pro down. A few improvements were made Subjecting those convicted of at tects against racial discrimination in in the second conference. tempting to kill the President to the the application of the death penalty. Before I list for my colleagues the death penalty when he or she comes At the same time, it saves the death tough provisions dropped in the con close to succeeding-rejected. penalty from a weak administration ference report before us, let me men Ensuring the swift removal of alien buckling under to anti-death-penalty tion the three-strikes-and-you're-out terrorists without disclosing national forces. It does so by prohibiting the use issue. The President has trumpeted the security secrets in the deportation of statistics in attacks on sentences in conference report's three-time-loser process, the Smith-Simpson provi capital cases. The Equal Justice Act provision. Yet, the impact of any such sion-rejected. also contains other provisions identical proposal is directly related to the scope Ensuring that criminal aliens are to provisions of the Senate-passed of its qualifying convictions. In my swiftly deported after they have served crime bill: It provides that the court in view, the conference report proposal is their sentences, the Simpson provi a death penalty proceeding shall in far too narrow, affecting as few as 500 sion- rejected. struct the jury that race and other im cases a year. Stemming the tide of frivolous pris proper factors may not play any role in The Senate-passed crime bill, on the oner lawsuits through reform of the its decision. In addition, it provides other hand, contained a broad approach laws governing exhaustion of adminis that each juror will be required to cer to dealing with recidivist, violent of trative remedies to prisoner griev tify that he or she has complied with fenders. In fact, the Senate-passed bill ances-weakened. this instruction. · provided mandatory life imprisonment A honest, fully funded trust fund that DEFICIT SPENDING for two-time losers who sell drugs to pays for the crime bill without increas The conference report is not deficit children, employ children in the drug ing the deficit-rejected. neutral. It actually increases the defi trade, or who commit murder. The Sen Setting priorities for the trust fund, cit by $13 billion in the out-years in ate bill, which federalizes crimes com ensuring that prison, police, Federal order to accommodate the added waste mitted with a firearm, would subject law enforcement, rural crime, and vio ful social spending programs contained thousands of three-time violent offend lence against women programs are in this bill. And even with this $13 bil ers and drug traffickers to life impris funded first-before social programs lion in deficit spending, the bill is not onment. I believe this provision, rather rejected. fully funded. than the conference report's narrow The Equal Justice Act, which would The Republican alternative trust proposal, should be included in the prohibit both racial discrimination and fund, as well the original Senate-passed crime bill. Indeed, the Senate agreed the inappropriate use of statistics in trust fund, is deficit-neutral. It re with me on this point having voted to death penalty cases-rejected. quires a cut in discretionary spend instruct our conferees to insist on this THE SO-CALLED RACIAL JUSTICE ACT ing-either through personnel nduc measure. The Senate's position was re Mr. President, let me take a minute tions or through cuts to other pro jected by our conferees from the other to expand on this last point. We had grams. The Republican alternative in side of the aisle. hoped that the affirmative prohibition conference was a $28.25 billion, 5-year Mr. President, let me list for my col on the misuse of statistics in death plan. The conference report before us, leagues some of the other tough, smart penalty cases would not be necessary. however, is a $30 billion, 6-year plan crime control measurers offered during But events and statements by the ad f ull funding takes until the year 2000- conference by Republican Senate con ministration make it clear that this which proposes $13 billion in deficit ferees which were rejected or severely hope is misplaced. spending during its last 2 years. The weakened by the other side of the aisle. The Senate recognizes that the racial conference report actually increases Many of these were passed overwhelm quota death penalty provision- the so the deficit during those years by man ingly by the Senate when we first con called Racial Justice Act-is really a dating $13 billion in spending in 1999 sidered this bill. Among the provisions death penalty abolition act. That is and 2000 without extending the budget not included in the conference report: why it voted overwhelmingly- SB to caps in those years. The bottom line is, An effective, fully funded prison pro 41-to instruct the Senate conferees to the conference report proposes $13 bil vision to provide $13 billion in grants reject the RJA. Despite this, House lion in deficit spending to accommo to the States for prison construction, conferees from the other side of the date liberal social spending interests. including tough incentives for truth in aisle insisted on sending the provision ASSAULT ON SECOND AMENDMENT sentencing-rejected. to the Senate after publicly acknowl Lastly, Mr. President, let me briefly A fair formula for distributing prison edging that a bill containing it could discuss one final issue. In addition to grants, to ensure that each State gets not pass the Senate. The Senate again all the other flaws in this conference its fair share-rejected. rejected it. report, its ban on so-called assault Tough Federal penalties for violent Moreover, this administration is weapons takes direct aim at the second juvenile gang offenses, the Dole-Hatch being on implementing the so-called amendment rights of law-abiding citi Brown language-rejected. Racial Justice Act through unilateral zens without making an appreciable The Moseley-Braun- Hatch provision action. According to press reports, the impact on the fight against violent to prosecute violent juveniles 13 and P r esident has entered into a deal with crime. This provision is a smokescreen 79-059 0-97 Vo l. 140 (Pt. 17) 16 23664 CONGRESSIONAL RECORD-SENATE August 22, 1994 for those who wish to appear tough on American people are demanding. It fa We have a 98-year-old man, a distin crime, but who are unwilling to sup cilitates implementation of a back guished African-American citizen, port tough measures to punish the per room deal to adopt a racial quota death beaten in his own home, who lapsed petrators of violent crime. penalty at the Federal level. And with into a coma only a few days ago to die The so-called semiautomatic assault all of these flaws, it also increases the in the hospital. weapons ban is a misleading substitute deficit by $13 billion. We have a Catholic nun who was bru for fighting crime. Criminals generally Mr. President, I urge my colleagues talized, murdered in her own convent. obtain firearms from the black market, to reject the conference report. I urge Each case is more shocking than the from other criminals, or by stealing my colleagues to take the time on the last. Not only is there more crime, but them, rather than by obtaining them No. 1 issue facing the American people there is more violent crime, and there from gun shops or licensed dealers. to get it right. We can do better than is more cruel crime. The brutalizing of This is especially true for so-called the crime bill before us. We can do bet a Catholic nun, the beating of a 98- assault weapons, which, in any event, ter if we sustain the budget point of year-old citizen that the whole neigh are little used in the commission of order and then fix this bill. borhood loved. Behind every incident, crimes. Less than 1 percent of all seri The PRESIDING OFFICER. The Sen there are families and friends for whom ous crimes involved the use of assault ator from Maryland [Ms. MIKULSKI] is the pain will never go away. style weapons. (NRA; drawn from Uni recognized for 8 minutes. We need to act and we need to stop form Crime Reports and State crimi Ms. MIKULSKI. Mr. President, I the delays, and we need to stop the pol nological data; Ralph Z. Hallow, the thank the Presiding Officer for rec itics. People do not want political rhet Washington Times, May 5, 1994, at AS.) ognizing me and the distinguished oric. They want action. They want re The fact that these firearms are semi chairman of the Judiciary Committee. sults. And that is why I support this automatic merely means that a round I wish to congratulate both Senator crime bill. is fed into the chamber when the weap BIDEN and his Republican counterpart, It will put 100,000 police officers in on is fired. They are not machine guns. knowing that you worked very long communities across America on to the Indeed, they fire no differently than and hard over the weekend with ·our streets. I believe community policing any semiautomatic hunting rifle. colleagues in the House to fashion a is the best way to reduce crime. In the Moreover, even if criminals are un workable crime bill. One that we hope neighborhood, the neighbors know able to obtain specific semiautomatic will pass the U.S. Senate within the their local officers. The officers know firearms, they will obtain other fire next few days. what is going on in the neighborhood, arms to commit their crimes. This That is why I wish to come to the and they can spot the criminals, spot measure is just one more step in an on floor, to lend my support for this legis the crime patterns, and also identify going effort to take firearms out of the lation, and then try to refashion a those people in the neighborhood who hands of law-abiding citizens. Of compromise on heal th insurance re are defenders of the good. course, that effort will be magnified if form. Part of policing also is being able to this ban becomes law. The Clinton ad Mr. President, America is at war, and control the availability of deadly weap ministration is part and parcel of this we have been invaded. We have been in ons. I absolutely support the assault effort. It is the most anti-second vaded by illegal drugs. We have been weapons ban. Right now the crooks, amendment administration in memory, invaded by a proliferation of guns. bums, and thugs are better armed and if not in our Nation's history. Crime is overriding our streets. And or outgun our police officers. CONCLUSION dinary American people in cities and The weapons that we are talking Mr. President, I did not come to the small towns are being held prisoners of about outlawing are not those used for decision to oppose this conference re that war in their own neighborhoods, hunting deer in western Maryland or port lightly. I have worked long and afraid to go out to church meetings at shooting ducks on the Eastern Shore. hard to craft a crime bill that will do night, reluctant to go to shopping These assault weapons' only purpose is what the American people are demand malls on Saturday afternoons, and un to maintain terror and perpetuate a ing of us. Indeed, the Senate passed able at times to be able to leave, in cycle of violence. Automatic weapons such a bill last November, although it some of the neighborhoods, their own are weapons of war, and they are being was not a perfect bill. Unfortunately, home at any time. used to create war zones on our streets the conference report before us mag That is why I hope we pass this crime and in our neighborhoods. nifies the flaws in the Senate bill, adds bill and that we do it within the next 2 Also, I support prevention programs. many more problematic provisions, and days. This crime bill, I believe, meets I do believe we need to invest in pre strips from the Senate bill many tough three tests that the American people vention. Much has been said about "so and smart law enforcement provisions have put to us. cial pork." I do not know what "social the Senate passed last year. No. 1, does it emphasize policing to pork" is. But I do know that we need to Yes, there are some good provisions make sure that we have enough re say yes to the kids who say no. Sure, in the conference report which I would sources to be able to catch the crimi we cannot fund every good intention, very much like to see become law. I ei nals? but I do believe we need to make sure ther sponsored or cosponsored a num No. 2, once we catch them, will we be that we help the young people who say ber of these, such as the Violence able to punish them and not continue no to drugs and no to crime, and say Against Women Act, the Senior Citi this revolving door? yes to going to school, yes to saying zens Against Marketing Scams Act, No. 3, do we emphasize prevention their prayers, yes to doing their home and the rural crime initiatives. where we say yes to the young kids work, and yes to trying to stay out of But the inclusion of a few good provi who are saying no to drugs and to trouble. sions cannot make up for the fact that criminal activity? When we do that, I believe we will this bill does not fulfill our promise to In Maryland, as across the Nation, have our most successful efforts. Pre the American people. It does not pro we have seen the compelling need for vention programs should be structured. vide for an emergency build-up in pris this bill. They should offer role models. They on space to stop the revolving door. It Just recently, a youngster in Balti should be a safe place for kids to go. wastes billions of dollars on social more riding on a bike was held up by a And we need to be able to say yes to spending at a time when communities gunman armed with a 9 millimeter their parents. We need to have policies across the Nation, urban and rural, are semiautomatic handgun. The robbers that will reward work and help fami crying out for true law enforcement as took that bicycle. A 40-year Metro po lies. sistance. It infringes on the Bill of lice officer in Landover was shot by a I happen to believe that the most im Rights. It does not include the tough, teenager. That young man is now in portant prevention programs are public effective criminal penalties that the prison. education, public safety, and public August 22, 1994 CONGRESSIONAL RECORD-SENATE 23665 health. I believe that the Elementary has been 6 years in getting here; she crime control bill. While I think that and Secondary Education Act that we has been in on all aspects of this as a we could have done a better job than passed will be the most important House Member for the previous years the conference report, which is coming crime prevention program. It will and here as a Senator. to us from the House of Representa teach kids how to read and encourage So I hope we will all be able to cele tives, I believe that, all factors consid them to stay in school. brate with the American people when ered, this bill is a step in the right di Also I believe we ought to pass uni- we finally cross this last threshold and, rection. \ versa! coverage. Why should we do as I said, she has been involved from I note, Mr. President, that the bill that? So we can say yes to the mothers the outset. was passed by some 40 votes, 235 to 195, and fathers who are going out there Mr. HATCH. Mr. President, I ask in the House of Representatives. And working for an honest living. unanimous consent, since he has been the balance for passage was provided Public schools, public libraries, ac waiting all afternoon, that following by 46 Republicans who fought hard and cess to public health, these are the im Senator SPECTER'S remarks, my col I think made considerable improve portant things that we need to do. league from Texas, Senator GRAMM, be ments in this bill. Finally, the crime bill will provide recognized to speak on this bill for 15 This bill authorizes some $30.2 bil for tough punishment for the predators minutes. lion, and it is subject to a point of in our society. It will require tougher The PRESIDING OFFICER. Without order under the Budget Act. But, simi sentences, new prisons, and the death objection, it is so ordered. larly, the $22 billion bill which passed penalty for certain heinous crimes. It Mr. HATCH. I yield the floor. the U.S. Senate by a vote of 94-4 was does have three strikes and you are Mr. SPECTER addressed the Chair. also subject to challenge on budget out. The PRESIDING OFFICER. The considerations. It cannot exceed the We have also included laws that Chair recognizes the Senator from budget. We decided at that time by an allow a community to be notified when Pennsylvania [Mr. SPECTER]. overwhelming vote, 94-4, to pass the sexual predators are released. I believe - Mr. SPECTER. Mr. President, I sup bill even though it exceeded the budg this is a very important tool because of port the crime bill. I believe it has et. Why did we do that? We did that be the horrible and repugnant lessons we many good features. I believe it has cause we believed that crime is a big have learned. We need to know this. We some features which are not so good. I problem in America. According to the have to have this legislation. believe that there are many important polls, it is the No. 1 problem in Amer We have learned about the shocking features which are omitted. But all fac ica, and we thought that when we could sexual attack on Megan Kanka in New tors considered, I believe it will be a not trim it back any further, we would Jersey, the kidnaping of Polly Klaas in significant step forward in our fight exceed the budget to some extent to California, and all of those other chil against violent crime. I say that hav pass the bill. dren who have been victimized by these ing spent most of my adult life consid The budget considerations are very sexual predators. ering issues of law enforcement or complicated because most of the ex Also we have a component in this bill being actively engaged in law enforce penditures, even in this $30.2 billion that will deal with the violence against ment. bill, will be paid for by the so-called women, issues related to rape and to When I moved to Philadelphia, PA trust fund from economies and Govern other forms of sexual assault and bat after having grown up in Wichita, KS, ment. But I think that in our evalua tery. a small town when I lived there of tion of this measure, although we can So, Mr. President, it is time to pass about 130,000 people, then moving at look at the hypertechnical budget con the crime bill. As I said, people want the age of 12 to Russell, KS, a small siderations, it is not unusual for the police, they want punishment, and town of 5,000, and then coming to col Congress to waive the Budget Act; and they want prevention. They want re lege at the University of Pennsylvania, just as when this bill initially passed sults. They do not want rhetoric. They in a big city of some 2 million people the Senate, I believe that now we want to see crooks and thugs behind ! was astounded by the incidence of vi should enact this bill despite the budg bars in prisons. They do not want to olence in a big city. et considerations. have to stay behind bars in their own Soon after graduation from law The bill has $13.5 billion for police. It homes. school in 1959, after practicing in a big has almost $10 billion-$9.9 billion-for So let us say yes to the crime bill law firm for some 3 years, but always prisons. Contrasted with that, there and let us say yes in the next 48 hours. being interested in law enforcement are $5.5 billion in prevention programs, Mr. President, I yield the floor, and I and in criminal prosecution, I became and $1.4 billion in antidrug efforts, thank my colleagues for yielding me an assistant district attorney. The which leaves $23.4 billion for the tough this time so that I may make those re ideas that I have on criminal law en est, law enforcement measures, and $6.9 marks. forcement are molded by my 12 years billion for those items which are aimed The PRESIDING OFFICER. The Sen as a prosecutor-4 as an assistant dis at prevention. That, Mr. President, in ator from Delaware has the floor. trict attorney and then 8 years as a dis my opinion, is a fair balance, with Mr. BIDEN. Mr. President, I thank trict attorney of Philadelphia, where most of this bill being directed to the Senator from Maryland for her re we had some 30,000 prosecutions a year, tough measures against violent crime, marks, and I also thank her for her including some 500 homicide prosecu with police and prisons, and $6.9 billion leadership in this area. tions. directed at crime prevention measures. She is one tough Senator. She has As the years have unfolded, we have I point out initially, Mr. President, been, from the time that she has got seen the problems of violent crime, that when you talk about crime pre ten here and well before that in the which used to be so heavily con vention measures, you are not talking House, and has never been reluctant to centrated in the cities, spread to small about being soft on crime. You are be as hard and tough on criminals as er communities like Wichita, KS, or talking about measures which are de they come. like Williamsport, PA, where there is signed to prevent crime, are realistic As a matter of fact, were I someone now a tremendous incidence of crime. and are effective. When we take a look who had committed a crime, I would Crimes are also spreading to small at the statistics on what happens with not want to be before her were she a towns like Russell, KS, or to south rehabilitation measures, you can turn judge. I imagine if the maximum were central Pennsylvania, where you have to a 1994 Federal Bureau of Prisons 10 years I would get 12. gangs like the Crips and the Bloods study, which found that 44 percent of So I thank her for her work, not only traveling into small communities. the inmates who did not complete any in trying to help us get through this In the Congress of the United States, educational program while in prison final phase, this final little inch we we have labored for years without com had been rearrested within 3 years of have to go before we cross the line-it ing up with a major, comprehensive release. Whereas, 35 percent of those 23666 CONGRESSIONAL RECORD-SENATE August 22, 1994 inmates who had completed one or essing by the police and court. A unit That is why I think that it is very more classes had been rearrested with involved in screening, counseling and important to make an effort at early in 3 years of release. So that when a referral services was designed to serv intervention to take an individual out significant number of inmates have ice approximately 6,000 juveniles. of the crime cycle, and if that person educational opportunities, it is a de (Ms. MOSELEY-BRAUN assumed the becomes a second offender or a third monstrable and important crime pre chair.) offender and when the time for sen vention program. Mr. SPECTER. Madam President, tencing comes, there is an opportunity The Alabama Council on Vocational that was part of a program which we by the prosecuting attorney to dem and Technical Education studied re put into effect in the early 1970's while onstrate to the court that that individ cidivism rates for Alabama inmates I was district attorney which sought to ual has had a chance with rehabilita who took vocational or academic divert individuals out of the criminal tion and has failed, then I think it is courses over a 4-year period, and they justice system. It was a novel program realistic to get the judge to impose a found a 35 percent recidivism rate for on diversion, which has since become a life sentence for a career criminal and the entire population of Alabama pris standard part of the Pennsylvania a habitual offender who has been con ons. But those who completed voca rules of criminal procedure, and which victed of three or more major offenses. tional or academic courses in prisons has provided a model for the country. And as we have seen the results only at averaged only a 5 percent recidivism What was done, succinctly stated, an early stage from those States which rate, which I suggest, Mr. President, is was to bring in individuals who were have imposed three strikes-and-you a very, very significant impact. charged with nonviolent first offenses. are-out laws, they simply have not A 1992 Federal Bureau of Prisons So it was not a matter of violence, and worked because the background has study demonstrated that of inmates it was not a matter of a repeat crimi not been set for that kind of tough sen who received job training and work ex nal. In those situations, we took some tence where the judge is satisfied that perience in prison, 86.5 percent ob 8,000 cases out of the criminal justice a realistic opportunity has been made tained a full-time job upon their re system of some 30,000 cases. A judge for that kind of rehabilitation. lease, contrasted with 62 percent of would meet on an informal basis with Madam President, in articulating other inmates who were able to obtain up to 8 individuals in a day, with these views today, they are not any full-time employment. nonjury trials, where a judge might be thing new on my own approach to It is no surprise that when someone able to try 3, 4, 5 cases, or 6 at the criminal law enforcement. After being leaves prison as a functional illiterate, most. elected to the U.S. Senate in 1980, one without a trade or a skill, and is drug Those individuals were told that if of the first groups of bills which I in dependent, that that individual and they stayed out of trouble for a year troduced in 1981 involved the career others like him return to a life of their criminal record would be ex criminal bill which provided up to a crime. So that when we provide some punged, but if they got into trouble life sentence for three-time offenders balance-again emphasizing the fact they would be back in the criminal jus caught in the possession of a gun, a bill that the overwhelming amount of tice system, they would be prosecuted that I worked on for several years until for a new offense, and they would be it became law in 1984 and has been money for this bill goes to prisons and prosecuted for the old offense. police-it is a solid investment. widely noted as being very, very effec The current bill does provide for edu tive, especially against organized In the area of drug treatment, there cation, training, research, prevention, is a 5-year study by the National Insti crime and drug dealers. That bill num diversion, treatment, and rehabilita ber was S. 1668 in the 1981 session. tute on Drug Abuse of 10,000 individ tion, programs that are designed to uals in treatment that found that 3 to Bill S. 1689 provided for incarceration prevent young children from becoming of State prisoners sentenced to life as 5 years after leaving treatment, the involved in gangs, programs which are proportion of people involved in preda career criminals in Federal institu designed to take young people out of tions, a concept which has been worked tory crimes was reduced by as much as the criminal justice cycle. 50 percent. on by many Senators, including the Overall, I think these programs make chairman of the Judiciary Committee, There are numerous other studies sense. Some would like to spend all of which support the proposition that on regional jails, to give Federal help the money on prisons or all of the to State institutions, which is now sig carefully crafted preventive and reha money on police. While I believe that bilitation programs do make sense. nificantly embodied in this legislation. the emphasis ought to be on police and Then there was a bill S. 1690 to pro This is not a product which is new or prisons and the tough aspects of law untried. I point to programs in effect vide for rehabilitation requiring States enforcement, this bill is appropriately to provide prisoners with a trade before during the days of the administration balanced with about 70 to 75 percent of paroling them. of President Nixon, when certainly no it being directed to those tougher Those ideas of realistic rehabilita one could say that there was anything measures. tion have been ideas which I have in but a tough attitude on crime. There When we talk about a program of troduced repeatedly which were incor were grants made to the city of Phila three strikes-and-you-are-out, it porated in the District of Columbia delphia, when I was district attorney sounds good and it is good rhetoric, but correctional systems when I served as there, that were very meaningful in there has to be something in addition chairman of the appropriations sub our fight against violent crime. There to simply that kind of a slogan or that committee of the District of Columbia, was a program on juvenile gang vio kind of rhetorical toughness if we are and I think have been adopted in the lence in 1970 which was directed to get the judges to impose those kinds Federal system to a substantial extent against an insurgence and a spree of of tough sentences. and I think will make very, very good gang killings, where an effort was In my own experience in prosecuting sense in this bill. made to reduce juvenile gang violence, many felony cases, robbery cases, bur Madam President, although some especially murders, through the expan glary cases which are the backbone of may disagree with the provisions at re sion of the Youth Service Bureau, con violent crime in our country today, I habilitation and the provisions for job centrating on troublesome, hard-to found it extremely difficult to get training, none can disagree with the reach, dangerous juveniles, concentrat Pennsylvania judges, Philadelphia basic fact that the lion's share of the ing on gang members. judges, to impose life sentences under funding in this bill will be directed at While I was district attorney of the habitual offender statute because hardcore juvenile offenders and will be Philadelphia in 1970, there was a sub at the moment of sentencing it is ex directed at the very basic lines of pro stantial grant to the juvenile branch of tremely difficult to get that judge to viding more police which are at the the family court division which pro impose a life sentence if the judge does core of law enforcement. vided for voluntary crisis intervention not feel that there has been some op There is also no doubt that the provi to divert juveniles from formal proc- portunity for realistic rehabilitation. sions on violence against women will August 22, 1994 CONGRESSIONAL RECORD-SENATE 23667 fill a very major void in our law en have been kept in prison but who were is worth noting the comments of Chief forcement system at the present time. released from prison because there sim Justice Rehnquist, who is well known We have had a rash of violence against ply was not enough space in the State for being strong on law enforcement, women following the celebrated inci prisons. The $9.9 billion provided in who spoke in an opinion of "the re dents of the O.J. Simpson case. I had this bill will be a significant step for spectable body of opinion which be occasion to visit shelters for women in ward in addressing the very serious lieves that these mandatory minimums Harrisburg, PA, and Pittsburgh, PA, shortage of prison space in America. imposed unduly harsh punishment for during the course of the last several There is another very important as first-time offenders, for mules"-that weeks and was really surprised to find pect about this legislation, because it is, runners-"who play only a minor an increase in the incidence of violence has a provision which will require a role in drug distribution schemes." against women where the male com specific showing that there was a con So that in this legislation, taken as a panions of the victims would say in the stitutional violation to an individual whole, there has been very, very con parlance of the day, "We're going to inmate before a Federal court may im siderable improvement. 0.J. you." pose a cap on the population of any The one major omission from this We have provided some funding under prison. There are many prison caps in legislation which I think is very sig the appropriations subcommittee for effect in the United States today which nificant is the omission of revisions to health and human services, but that is were ·entered in to under a consent de the Federal law on habeas corpus, relatively minor in terms of what gree without, at the time it was im which is the Latin phrase "to have the needs to be done in violence against posed, a showing having been made to body," which is an ancient writ and a women. Senator BIDEN outlined in demonstrate that there was a violation very important writ, but one which I some detail the problems in the field, of the eighth amendment provision think has been overused to destroy the and this legislation will be a very, very against cruel and unusual punishment imposition of the death penalty in significant step forward in a very, very caused by overcrowding. Such a prison State criminal prosecutions. Today, importan t line. cap is in effect in Philadelphia today. when someone is sentenced to death in With respect to the issue of police on The enactment of this bill will require a State court, it takes an average of 9 the street, the 100,000 police which will a specific showing of a constitutional years for that case to go through the be added here-and it is true that there violation against a particular inmate Federal courts, and some cases are held will have to be some local participa before that or any other prison cap can up for as long as 17 years. tion, but that is a common practice in . be enforced or extended. And in cases In 1990, the Senate adopted an the Federal system to offer seed in which a constitutional violation has amendment which I offered to the then money, to offer 75 percent funding to been demonstrated, there is a provision pending crime bill which would have encourage local comm uni tie~ to add in this bill for review of such a prison abbreviated the time for the pendency more police to the streets-the data cap every 2 years to determine if the of habeas corpus petitions, something shows that as crime rates exploded be cap is needed to prevent a constitu which could be done within a range of tween 1950 and 1980, law enforcement tional violation. This provision is ef 2 to 3 years, giving defendants ade resources did not keep pace. Between fective immediately, so a prison au quate protection with adequate counsel 1960 and 1980, the number of serious thority need not wait for 2 years before but still retaining the death penalty as crimes in America grew by some 400 seeking review of a prison cap under an effective deterrent. The death pen percent from 3.4 to 13.4 million and the this bill. alty has been declared unconstitu number of crimes grew by 460 percent, Madam President, in supporting this tional on two occasions by the Su from 288,000 to 1.3 million. During the legislation, I acknowledge a very sub preme Court of the United States, in same period, the number of full-time stantial constituent interest in oppos 1972 and again in part in 1976. Follow police officers in America grew by only ing the gun control provisions which ing those declarations of unconsti 85 percent, from 195,000 to 361,000. Po are in here. I have not supported gun tutionality, some 37 States have come lice resources were not expanding in control provisions as a general matter back and have imposed the death pen proportion to do the job that they were because my experience has dem alty because of the prevailing view expected to do and the crime clearance onstrated to me that criminals are able that the death penalty is a deterrent rates declined drastically. to gain guns, able to get possession of against violent crime and is an appro During the 1980's, as there was a re guns, no matter what kind of prohibi priate weapon in the arsenal against sponse to the need for law enforcement, tions may exist. As, for example, when violent crime. police forces did grow in proportion to I was district attorney of Philadelphia This bill also, Madam President, the crime numbers. Between 1980 and from 1966 to 1974 and there was a gun brings back the death penalty in the 1988, law enforcement ranks grew by 14 ordinance, the criminals had no prob Federal law for very important Federal percent and at that time the number of lem getting their hands on weapons. offenses, such as fatal car-jackings, serious crimes rose just under 4 per But when you take a look at the to drive-by shootings, terrorism, murder cent, with the number of violent tality of this bill, the laborious process of U.S. citizens abroad through terror crimes rising 16 percent. As police which has been undertaken to try to ists, and the assassination of an Amer numbers finally grew in proportion to get it passed, the very tough battles ican President. It is indeed an anom the crime numbers, the arrest clear which were undertaken in the House of aly, Madam President, that if the ance rate stopped going down and the Representatives where the bill was President of the United States were to crime rates gradually stopped rising. very, very substantially improved, on be murdered by a criminal conspiracy So it is plain that the provision for the totality of the circumstances, it in Washington, DC, those conspirators, more police on the street and the effort seems to me that the national interest those murderers, would not face the of this bill to encourage local commu requires the enactment of this legisla death penalty because there is no death nities to hire more police will have a tion. penalty in the District of Columbia and very significant effect based on the sta The bill has been improved in very there is no Federal death penalty. tistics of the 1960's, 1970's, and 1980's. significant aspects. The cost has been So when you add up all of the pluses The addition of extra prison space, I reduced by about 10 percent, some $3.3 and all of the minuses and you take a would suggest, is really of vital impor billion. There was the removal of a pro look at the number of police, with an tance. We have some 39 States of the 50 vision on retroactive application of the expenditure of some $13.5 billion, and States at the present time under court mandatory minimum sentences, going the additional prisons so badly needed orders. Some 15 States have had emer back into the record to make a deter in this country today, $9.9 billion, so gency release programs for overcrowd mination about the so-called mules that the preponderance of this legisla ing, and some 20,971 inmates were re who had been sentenced under manda tion is directed toward tough law en leased in 1993, individuals who should tory sentences. And on that subject, it forcement, and then the $6.9 billion or: 23668 CONGRESSIONAL RECORD-SENATE August 22, 1994 prevention and antidrug efforts real encies and we live very close to one an ica has been tougher on crime than I istically designed to take individuals other. And I know of the intensity of have-tough sentences for tough crimi out of the crime cycle, but if they stay his commitment to aiding local law en nals, refusal to plea bargain, fights in the crime cycle to set the stage for forcement in order to make the streets with judges, being held in contempt of life sentences for habitual offenders, I of his hometown and mine and every court by a judge who disagreed with think this bill makes sense. other one safer. my vehemence on protecting a life sen We have been working on this crime So I compliment him. I realize it is tence for a drug dealer. bill, Madam President, for years, and it not easy politically for him to have But there is also another aspect to has not survived action by the Con made the speech that he made today law enforcement, and that is crime pre gress of the United States. The House and taken the position he has taken vention. This bill is balanced very of Representatives has just gone within his party. But, then again, I heavily in favor of police and prisons through a grueling experience and has have never known politics to be a con and lightly on the subject of rehabilita passed this bill by some 40 votes, with sideration in what decision he ulti tion and job training programs. So that the majority being provided by 46 Re mately makes. when my colleague from Delaware publicans. But I did want to recognize his lead makes a nice comment, I tell him that When you talk about a point of order ership and acknowledge that for most it is not a tough choice. There are 46 on budget considerations, it is true of us, that would have been a tough po Republicans in the House of Represent that, on the technicality, that would sition to take. But he is so accustomed atives who provided the margin on this lie, that could be asserted. But in con to taking those kinds of stands where bill. This bill is not a Democratic bill. sidering that issue, it should be re he believes something is right regard It was not passed by a majority of membered that the $22 billion-plus less-- Democrats. The majority came from crime bill, passed by the Senate by an Mr. SPECTER. Will my colleague Republicans. overwhelming vote of 94 to 4, could yield for a moment? That is not to take any credit for it. have been subjected to that same point Mr. BIDEN. I am delighted to. It ought to be bipartisan and we ought of order. Mr. SPECTER. I thank the Senator not talk about Democrats and Repub This is not a perfect bill. It is an im from Delaware for those comments. My licans. But we hear the talk in cor proved bill. It is a serious step against own view is that this is not a close ridors and cloakrooms about not want violent crime in America. I think it question. This crime bill is not a close ing to give the President a victory. I do ought to be passed by the Senate so it question. It spends a lot of money, but not consider it a victory for the Presi can be signed by the President. it spends a lot . of money for a very, dent, just as I did not consider it a de And to those who say that we should very important cause. feat for the President when the House not take any action unless the Presi When you have 435 Members of the did not pass the bill. In the legislative dent receives some credit, I would House of Representatives, there are a branch, we article I officers have a reply, Madam President, by noting lot of disagreements about how you duty to do our own jobs without re that the bulk of the American people want to spend the money. There are spect to what the President has to say. today are not likely to give Washing disagreements about whether it all We have very important issues to ton, DC, any credit for anything we ought to go for police and prisons or consider. There is a lot of dissatisfac have done. But if the President of the whether some of it ought to go to the tion out there in America with the United States derives some credit for inner city on crime prevention. I have haggling that goes on across party it, so be it, when the bill is in the na seen the inner city of Philadelphia, a lines. This is a bill which I do not tional interest. really rough, tough town. think is a close call at all, and I came It is time that the Congress of the When I was district attorney I got and sat here for 2112 hours to get a few United States put politics aside, took a Federal grants for crime prevention for minutes on the Senate floor because I hard look at the serious problem of gangs. We had a rash of juvenile gang wanted to speak early on this bill and crime in America, and took a signifi killings, about 60 of them during the I wanted to state the reasons it makes cant step-not a perfect step, but a sig summer of 1970, and about that number sense for America, whether you are a nificant step-forward in the fight Democrat or a Republican. The crimi against violent crime. in 1971. We were in competition with nals do not check your registration I yield the floor. Chicago, Madam President, your home when they make you a victim of crime. Mr. BIDEN. Madam President, I un town, as to which city would have the I thank my colleague from Delaware. derstand that the Senator from Texas most gang killings. Mr. BIDEN. Madam President, I has the next 15 minutes. Senator When we got this money for juvenile thank the Senator. I, too, agree it is GRAMM was just on the floor and indi crime prevention, it was very, very not a close call on the merits. What I cated to me that he had to step down well spent. One of the major grants on was referring to is, al though many the hall for a minute to speak with safe streets was administered by my times on both sides of the aisle Sen someone quickly. district attorney's office. When there ators occasionally know something is I ask unanimous consent to proceed was another major grant to divert not a close call on the merits, they for a few minutes, or until he arrives, cases out of the criminal courts and have a significant tug and pull from on this bill. try to take people out of the crime their political parties and/or interest The PRESIDING OFFICER. Without cycle, it made a lot of sense. groups to not go with what they think objection, it is so ordered. Since my first days here in 1981, I is the best call. Mr. BIDEN. Immediately upon his ar have tried to get realistic rehabilita Usually, the cover that they find to riving, I will yield the floor. tion, because the basic proposition is not go with what they think is the best Let me compliment my friend from that if you release functional thing to do is to say that this or that Pennsylvania. There are a number of illiterates from jail without training or vote is not a substantive vote but a things he is that are fine, but one of a skill, they are likely to go back to a procedural vote, to give them an oppor the things is he is a man of his word. life of crime, especially when they are tunity to attempt to satisfy two No one in the U.S. Congress, and surely drug dependent. And the statistics things: One, the fact that they are not in the Senate, which I know for cer have shown that education, job train backing off a principle; and, two, being tain, has worked harder to improve the ing, and drug rehabilitation work. able to stick with their party. It hap criminal justice system or to deal more My first effort on drug treatment was pens on the Democratic side. It hap thoroughly with the plight of crime in on Gaudenzia House, back in 1968, a pens on the Republican side. America than the Senator from Penn long time ago, when we got Pennsylva My larger point was that that never sylvania. nia to put up $250,000 for drug preven dissuades the Senator from Pennsylva We happen to know each other well. tion. It is important to be tough on nia. If he thinks on the merits some We represent neighboring constitu- crime. I do not think anybody in Amer- thing is right, I have always found him August 22, 1994 CONGRESSIONAL RECORD-SENATE 23669 to be willing to take on whomever it and spit-spat pass it, they are dream we'll just vote this down and we'll get was, whether it is his party, occasion ing and they know it. BID EN to sit down with us and BID EN ally his constituency, an interest No one thinks that can happen. One will work it out." I like the idea that group-it has never seemed to get in of the things the Senator from Penn everybody thinks BIDEN is so powerful. his way. For that, I compliment him. sylvania said is he observed how tor What makes everybody think I can That is why it is a pleasure to work turous a process it has been to get this walk in a room, sit down with the Re with him. bill this far. The American public must publican leadership and not ask the It is also a bane to work with him be wondering what is going on. They other 55 Democrats in here and say, when he is against you because he is so saw the Biden crime bill introduced a "Don't worry, just let me handle this, effective. This time, we happen to be year and a half ago that had all this in I will compromise these things. Trust together-as we most times are. I com it-all the cops, the money, and these me"-thank God they do trust me. pliment him. big numbers for help for lo<\al law en They let me write the bill in the first One point I would like to make while forcement in terms of prison cells, and place, and during the negotiations on we are waiting for Senator GRAMM to the rest. They know the bill I intro the House side, I was the only Demo come and claim the floor-and I will duced 4 years ago passed both ~~uses, cratic Senator because they trusted yield when he comes through the passed the conference, pass~ the me, and I was the only one in the con door-is that as I finished my earlier House just like this did-got to the ference because they trusted me to give comments on this bill, I walked off the same stage. People who do not dd this me their proxies because I have been floor and one of my colleagues said to for a living-and thank God, most do doing it so long. I know what every one me: You know, JOE, if we do not over not-do not necessarily remember what of them think after 6 years doing this. rule the Budget Act-which is a tech they learned in their civics classes. I could write a book on every position nical point, which is a fancy way of They should not remember it. I would every single Democrat has on every saying if we keep the bill from becom not remember it unless I were here. one of these contentious issues. ing law-it is not over, because then we The way it works is the Senate But my ability to walk into a room just go back to the House-passed bill passes a bill and the House passes a and at the end of this week say, "Well, that was sent over here. bill. If there are differences, they go sit let's start this from scratch again," To the listeners, this will not make down, literally, in a room between here then you know what happens? We pass much sense, but to Senators, we under and the House; we sit down and we it. Let us assume we can do that. Now stand the jargon and the procedural work out the differences. Which is like that whole thing has to travel back to situation here. It is said once we defeat another House working on it. the House again and they have to vote this conference report by that vote-so Then, when that passes, it is called a on it again. Then we have to go to con it is going-then BIDEN and MITCHELL conference report. Then that goes to ference again and then we have to and the key players on this side will go the House of Representatives. They de adopt a conference report again and into a room with Republicans who op bate it all over again and they vote on then it goes back to the House again pose the bill the way it is, and we will it. and then it will be back here. And I just sit down and work out a further Then the last step in the journey is it promise you, if you we are able to do compromise and bring the bill back on comes back over here and we vote on that, they will have some other excuse the floor and we will vote on it. the conference report. The only dif as long as guns were in it. If guns are I have been doing these bills, now, for ference between a bill and a conference in this bill, I assure you that the Re the last 10 years. I can say without report is a conference report is not able publican side of the aisle will, in fact, equivocation, absolutely confident that to be amended. not let something go easily. And I re no one can contradict me, there has How many weeks did we spend on the spect their position on guns. never been a crime bill that has been crime bill? Weeks and weeks and Speaking of guns, I see my distin open to amendment that has not drawn weeks-I think there were over 300 guished friend from Texas is here. If several hundred amendments. Every amendments that were filed on the you notice, every time I say "guns," he one in this body knows if this crime crime bill when I introduced it last Oc puts his hand on his right hip. I guess bill goes down on a procedural vote tober. that is a Texan thing, I do not know. like what happened in the House of We did not pass this new crime bill But he is my good friend. He is here Representatives 2 weeks earlier-that until November. It took from Novem and I thank my colleagues for allowing we are here for the next 3 weeks. We ber all the way until the middle of Au me to explain what I perceive to be the are not going to go home for Labor gust to get it to the House of Rep reality of a defeat of this conference Day. We are not going anywhere. resentatives. Then it took, when they report. We are here for a long, long The one thing I am convinced of-and did what this outfit is trying to do time because we are not going home I believe I know from my discussions now, and that is, on a procedural vote; until we get a crime bill. with the majority leader who controls turned down the conference report, it I thank my colleagues for their in the schedule-and Senator MITCHELL is went back into a conference. dulgence. I yield the floor. convinced of, this issue is so important The conference took another 10 days. The PRESIDING OFFICER. The Sen to the American people there is not a Then it finally got out on a pejorative, ator from Texas. chance that we will go home not hav angry, contentious session that took Mr. GRAMM. Madam President, ing resolved passing a crime bill. place Saturday and Sunday. It took thank you for the recognition. So everyone should be on notice that until Sunday evening to finally adopt Let me make it clear that I would if they think by voting against this bill it. Now it is here on Monday morning. like to pass a crime bill, I expect us to when the procedural vote comes up Does anybody truthfully believe if we pass a crime bill and, quite frankly, in today, tomorrow, or the next day, turn down all that work that took over listening to the plans of the majority whenever it is, that somehow that a year-almost a year-to get this far, leader, my feeling is that he is over means I am going to go in to a back that we are going to be able to turn estimating the time required to rem room-not a back room; I do not mean this down now, the last 10 yards before edy this problem because I think there that in a pejorative sense-but go into we score-we already have gone 90 is a simple way to fix it. a room with Senators DOLE and GRAMM yards-that that is not going to put the But before I get into that, let me just and HATCH and others, whomever, and ball all the way back to the 20? say to the chairman of the Judiciary we are going to sit down and work out Excuse my football analogy here, but Committee and to our ranking mem a compromise on further things I would that is where we are. Yet, I walk out of ber, while there are many things in the like to see changed in the bill and they this Chamber and I hear one of my Re conference report that I am still un would like to see changed, and we are publican friends say, "Well, the Repub happy about, I do believe the con going to come back out on the floor lican leadership says not a problem, ference report was improved in this 23670 CONGRESSIONAL RECORD-SENATE August 22, 1994 round of negotiations in the House, and those petitions were ruled on, as many would be a couple hundred, no more I-want to thank both the chairman and as 10,000 people currently in the Fed than 500 people a year who would fall our ranking member for their efforts. eral penitentiary for selling drugs, into that category. That was a com- • I have enjoyed having an opportunity many of them for selling drugs to mi promise that I did not like, but I was in the 6 years that we have developed nors, who could have been let back out willing to make to help us pass a crime this bill to work with both of them. I on the streets. I think people were bill. have the highest regard for them. As I shocked at the possibility of that hap I wish to open the bill for amend am fond of saying of our dear chair pening. I am delighted that the con ment, take out the provision that is in man, his heart is good, it is just that it ference eliminated this retroactive pro the conference report that will over has been minted in the sixties and its vision so that the people who are al turn mandatory minimum sentencing frame is bent a little to the left. In any ready in jail will serve out their term. on a broad basis, and put the very care case, his intentions are always good, he I would like, if we have an oppor fully written compromise language of is always honorable, and I always enjoy tunity to amend the bill, to go back to the Senate back in the bill. working with him. the Senate provisions which to me rep Second, we have two amendments The House improved the bill-and I resented a compromise. One of the is which I have offered traditionally in think we need to congratulate our col sues here, Madam President, is this: this debate. One amendment proposes leagues in the House, the Democrats There are those who say that there are 10 years in prison without parole for who opposed the rule, it was a coura- a lot of people who sell drugs who just selling drugs to a minor or using a ' geous thing to do; the Republicans who happened to be in the wrong place at minor in a drug conspiracy, and life opposed the rule and hammered out a the wrong time; that this person just imprisonment for a repeat offense. ~ Inajority that gave them an oppor happened to be at a junior high school That was adopted in the Senate. It has \tunity to go back and to delete some $3 trying to sell drugs to our children; so been adopted on numerous occasions. billion of pork barrel spending which, ciety supposedly had done them wrong; What I wish to do is open up this con in turn, allowed them to marginally it was the first time they had done ference report and get an opportunity improve the crime portions of the bill. anything like this; they just happened to offer that amendment again and to It is easy for us in the Senate to say, to stumble in there and maybe sending put back in this bill stiff mandatory "Well, there are still a lot of things them to jail for 5 years is too much. I minimum sentencing for selling drugs that should have been done, there is have never bought that logic. to children. still a lot of pork there, there are still I view selling drugs to children as It is certainly no secret that I am a lot of good, tough anticrime provi being a violent crime, and I have no one of the people in the Senate who be sions that were adopted in the Senate sympathy for these drug traffickers lieves that gun control is a copout; that were not included in the revised whatsoever. If they sell drugs to chil that it will not be successful in taking conference report. dren, I want them to go to jail and I guns away from violent criminals. All those things are true. But that want them to be there a long time. They have plenty of guns, and they are does not change the fact that fighting But in trying to work out a crime not going to be deterred by a legislated with a very small stick in the House, bill, I think it is important to remind gun ban when they are out killing peo with a very small minority-we had people that there has been a com ple. What I wish to do is to try to deal good people working hard to improve a promise in the Senate and Republicans with the criminals who are using these bill that is important to the future of have done some compromising. As our guns. the _country. So I want to congratulate two colleagues who are here will re I offered in the Senate, as I have for them, and what I hope to do in the Sen member, while I did not want to 6 years, a provision which was modified change the provisions relating to man ate-is to build on their effort. and adopted in the Senate. It provided Let me try to be brief because I know datory minimum sentencing and, in fact, I am going to talk about a provi 10 years in prison without parole for there will be other people today who anybody who possesses a firearm dur will want to speak, and certainly in the sion we adopted in the Senate to strengthen them, I agreed to a com ing the commission of a violent crime last 6 years on the subject of crime, I promise which we worked out here and or a drug felony, 20 years in prison for have spoken enough that certainly the with which I think, basically, people discharging the firearm, life imprison Members of this body who are inter were satisfied. ment for killing somebody, and the ested in my opinion know what it is. What the compromise said was this: death penalty in aggravated cases. But let me say what I believe is wrong We would give judges some sentencing That provision has been adopted con with the bill and what I would like to discretion, but only under the follow sistently in the Senate. It was in our see fixed. ing circumstances: The person involved bill that went to conference. It was First of all, the original conference had no criminal record, including a ju dropped out of the conference report. I report had an extraordinary provision · venile record. A lot of people have a would like to have an opportunity to which at least around here has become massive juvenile record as long as your put that back. known as the get-out-of-jail-free provi arm, they have committed violent I would also like to have two other sion. This provision basically tracked crimes--and I see our Presiding Officer opportunities. No. 1, I would like to try the President's agenda which has al remembers that her juvenile provision to do somethi;ng about the $7 billion of ways been to overturn mandatory min was dropped from this bill. I have not social spending that remains in this imum sentencing for drug felons. The forgotten that myself. bill. I would have to say, Madam Presi President and the Attorney General But they have a juvenile record as dent, that I had thought I had seen have consistently supported that ef long as your arm, often they have en great creativity in spending the tax fort. That effort was fought in the Sen gaged in violent behavior and commit payers' money, but I have to admit ate and defeated, but it ended up pre ted violent crimes, but with their first that this crime bill reached an all-time vailing in the House and it was part of drug offense as an adult they might global maximum. And it was not mid the first conference report. still not go to prison. night basketball. It sounds almost in What that provision would have done So our compromise was that if they credible to say it-but a provision is not only overturn mandatory mini had no previous criminal record, they would allow someone to apply for mum sentencing for drug felons con were not carrying a gun or other weap money that would be used to train peo victed in the future, but it would have on, they were not the leader of the ple who sprayed graffiti, to train them produced the extraordinary specter of drug conspiracy and no one was hurt in to be real artists. going back retroactively and allowing the crime, that the judge would have Now, I thought I had seen every bad people already in prison to file peti some discretion in their cases. idea for squandering the taxpayers' tions for shortening of their sentences. Now, we speculated about how many money, but I have to admit that one We could have had, over time as all people that would affect. My view is it takes the cake. August 22, 19~4 CONGRESSIONAL RECORD-SENATE 23671 Now, what I would like to do is to go that there are not good things in this It takes away rights of law-abiding back and go through this list of $7 bil bill. I congratulate our two leaders in citizens. I think the Senate has spoken lion of social spending, and my own the Senate for preserving some of the on that issue. There may very well be preference would be to strike out every good things we adopted in the Senate. an amendment on that issue from some bit of it. This is a crime bill. It is sup I congratulate the people in the House source. posed to be about tough sentencing, who worked to make it better. My focus here is the amendment that about putting police officers on the My point is simply this. We have a I have outlined, and certainly if the street, about building prisons, and chance to dramatically improve this Sena tor wanted to sit down and talk about putting violent criminals in pris bill. I believe every amendment I have about how we would deal with that on. I think most people are surprised to talked about is going to be adopted by amendment and possibly his involve know that we still have $7 billion of so an overwhelming vote in the Senate. ment in it, I would be willing to talk cial spending in this bill. The bill will then go back to the House with him. Obviously, I cannot control My view is that we ought to cut all of with this amendment in disagreement. the actions of every Member of the that money out and then let commit I am confident that when they have to Senate. But my intention is not to do tees that deal with social problems try vote up or down on it, they will adopt each of these individually. I assume to see where they would like to cut it; we will get a crime bill; the Presi that we could get the whole package other programs to fund some of these dent will be able to celebrate; he will adopted. And it is something that I great ideas if they are so moved to do be able to sign the bill and say "Look think we could do relatively quickly. it. My guess is they would not be what I have done," and it will be a But obviously, it is all contingent on moved to do it. good bill that will deal with the crime sustaining the point of order. If we do So I am hoping to have an oppor problem in America. not sustain the point of order, we will tunity along with my colleagues to Why pass a poor bill when we can not have an opportunity to offer any offer an amendment-and I would like dramatically improve that bill? So to thing. These are the amendments that to do it in one amendment so we do not morrow, I assume it will be, when we I would like to offer. slow this whole process down-to take offer this budget point of order, I hope Mr. BIDEN. I thank the Senator for out the repeal of mandatory minimum people will vote to sustain it and open his answer. sentencing in the House bill that will the bill for amendment. I, along with Madam President, let me explain the eliminate mandatory minimum sen others, will offer the amendment that I dilemma we find ourselves in, if we go tencing for many drug felons and re have outlined. It is a good amendment. the route the Senator suggested. As he place it with the strictly constructed I hope people will vote for it. I think pointed out when he first stood up, he compromise we adopted in the Senate- then we will have a dramatically im was very gracious in complimenting put back mandatory minimum sentenc proved crime bill. I know there will be the Senator from Utah and me about ing for gun crimes, 10 years, 20 years, others who might want to offer an ad having worked with us for 6 years on life imprisonment, or the death pen ditional amendment. The focus of my this bill without having a bill. Just so alty, put back mandatory minimum attention on the amendments that I I understand it, and I wish some of the sentencing for selling drugs to a minor, have outlined here. I believe we can staff of the majority were here because and while I would like to take out the make this bill better. The House, with parliamentary maneuvering is not my whole $7 billion of social spending, my the limited ability they had, with the forte, assuming I have any. But that is guess is in trying to line up the votes rules that they have, was able to im not mine. As I understand it, though, we would end up with a compromise. prove this bill. and I stand to be corrected if I am But, quite frankly, I think we can do Surely, in the Senate, with the rules wrong, if the point of order were sus better than the House did. that we have, with the makeup of the tained this technical vote we are going I would like to put back a provision Senate as it is, I think we can do a bet to take, it win&--by sustain I mean it related to treating juveniles as adults ter job, not erasing what they did but win&--then we are back on the only ve in these violent gun crimes. That is building on it to pass a better bill that hicle, thing, we have to amend, which something I would like to look at. I am will put more criminals in jail, that is the House bill that was originally certainly supportive of it. will guarantee we build more prisons, sent over to us. That basically is what I would like to that will spend the money on police of I ask the Chair if that is correct. do. We are going to have a vote on a ficers and prisons instead of social The PRESIDING OFFICER. A House budget point of order. I would be the work. amendment to the Senate amendment first to say that the vote on the budget I thank the Chair. to the House bill would be before the point of order is basically a vote as to Mr. BIDEN addressed the Chair. body. whether or not we are going to open The PRESIDING OFFICER. The Sen Mr. BIDEN. My understanding then, the bill for amendment. If you do not ator from Delaware. that is fully amendable. We open up want to open the bill for amendment, if Mr. BIDEN. I thank the Senator from the entire process for anyone who has you want to see it pass exactly as it is, Texas for his comments. Let me ask a an amendment on anything. Under our then you would vote to waive the very serious question. The amendment rules, it can be anything from abortion Budget Act. that the Senator is talking about pack to heal th care to crime. It is totally If, on the other hand, you would like aging which has the three or four parts amendable. to get some more of this pork out of he has outlined, some of which I agree Is that correct, Madam President? the bill, if you would like to get more witJl, is he suggesting that if we chose The PRESIDING OFFICER. The mandatory minimum sentencing back the.\ route, th.ere would be a unanimous amendment would be amendable in two in the bill, if you would like to elimi C'Onsent agreement that would be the degrees. nate the provision that will repeal only amendment that would be intro Mr. BIDEN. But any subject matter mandatory minimum sentencing for duced in the entire floor? could be raised. many people who are selling drugs in Mr. GRAMM. Let me say that I The PRESIDING OFFICER. That is cluding selling drugs to children, then would certainly be willing to sit down correct. you are going to want to sustain this and talk to people about how we would Mr. BIDEN. And any number of budget point of order and open the bill deal with it. My objective is to focus on amendments could be raised; 1,000 for amendment so that we will have an those issues I have outlined. could be raised. opportunity to offer these amend I think the Senator would be willing The PRESIDING OFFICER. That is ments. to say that those are the things I have correct. Let me say, in conclusion, that while consistently fought for on this bill. Mr. BIDEN. It also is my understand I am eager to get a chance to improve There are provisions in the bill I do not ing, and I am not sure of-- this bill, I do not claim for a moment like. I do not think gun control works. Mr. HATCH. Will the Senator yield? 23672 CONGRESSIONAL RECORD-SENATE August 22, 1994 Mr. BIDEN. Not yet, I want to follow of order is sustained, and we are going promise of no filibuster on the gun through. to get together as we did over this past issue. Then we can start to talk. Mr. HATCH. It is on that point. weekend, and we will have a substitute But guess what? If they do not agree Mr. BIDEN. The vehicle that we amendment that at least the vast ma to only those few amendments, it took would be on-just so my friend from jority of people here will agree to. And 6 years now we have been doing this, Texas knows at least what I know, and we know that they are not going to and they will not agree to put guns he knows more than I know on this I agree to an amendment without the back in, or they will not agree that if suspect-the vehicle, al though he gun problem resolved. We believe that guns are not put back in, there will be would not move to take guns out with everybody knows we are near the end no filibuster, then it would make one his amendment, guns would already be of the process. And what we want to do thing-at least raise the question of out because the vehicle that we have, is improve this bill. I think people here whether or not this was a very clever the House vehicle does not have the as of good will can do that. device in the name of just making sure sault weapons ban in it, and it does The only way we can do that is by that schoolchildren cannot be sold dope have the Racial Justice Act in it. sustaining the point of order. When we by somebody who might get out of jail So now we are back to square one. do that, I think we can sit down, just early-a very clever device to do away We have fought for 6 years over guns. like the House did this last weekend with the single most contentious issue Although he would be satisfied with and get it resolved, hopefully, and have in the 22 years I have been here that re having this small package of amend a bill that will pass the Senate at least lates to the criminal justice system, ments, one of which at least I agree 94 to 4-if not that, 85 to 15 or whatever and that is guns, guns, guns. with, the others I could live with, but it is. That is what this is about. I compromised with him on those be The fact is, I think you would have Mr. HATCH. Will the Senator yield fore, I have no problem with it, he and something to be a far more consensual one more time? I would be happy as the proverbial bill than the one you are trying to Mr. BIDEN. I will yield for a ques clam; no problem. But then Senator present. tion, without losing my right to the FEINSTEIN and others, as would be their Mr. BIDEN. To answer the question, floor. right, would say, "Wait a minute, do Madam President, that would be pos Mr. HATCH. Madam President, the you mean now assault weapons can sible, if the amendment that the Sen Senator has indicated that he would continue to be made? And there would ator was going to introduce-if this begin to talk if that could be brought be someone standing with an amend was a single package, and he put the about. Everybody over here knows that ment to strike assault weapons?" That gun ban in it. Does he commit to me either this conference report is going is good for at least a week's worth of that he will put the gun ban in it? to pass--and a lot of people over here debate all by itself. Mr. HATCH. I cannot do that. But I are unhappy with it, as are some on the Then, if she prevailed on this side, believe that is what will happen. And I other side-or if we sustain the point of someone, the distinguished, tall, hand believe we can bring people together to order, we have to sit down and resolve some Senator from Utah here would do it. We did it once before. The reason it. I commit to try and resolve it with say, "Oh. Wait a minute. That bill be we are here is because the Senate the distinguished Senator from Dela fore us has the Racial Justice Act. in crime bill was a good bill. It had the ware, and I have been able to deliver in it." So he would move to amend it, to gun provision in it, and 94 Senators the past. I do not know that I can de strike the Racial Justice Act. That has voted for it. I believe that we can do a liver, but I believe that we can, because been good in the past for 3 days of de similar thing and adopt much of what I believe people want a crime bill. I be bate. I mean that has been the record. the House has done yesterday, while lieve they would like it to be the best Then you would have all the other adding some more intelligent possible crime bill, and I will do every amendments that are in order, which anticrime changes that really were thing in my power to get it there with means anything is in order. But the overwhelmingly voted up in the Senate out undue delay. one thing we could be guaranteed of is to begin with. I believe that if we do If there had to be a cloture vote in that the whole assault weapons battle that the House is going to take it. order to satisfy those who are very starts over again. Mr. BIDEN. Madam President, I concerned about guns, once and for all, I know my friend from Texas was not thank the Senator for his second ques I personally believe I can work it so being disingenuous. But, if we reject tion. But let me point out a little bit of that we can have that within a very the point of order. guns are dead. They history. short period of time. have to be affirmatively put back in From the historical standpoint, we Mr. BIDEN. But we would have an the bill. That is a mile of difference be passed the Biden crime bill 4 years ago. other vote on guns, right? cause right now they are in the bill. It had guns in it. No one voted for it Mr. HATCH. I do not know. We would They are banned. But if the point of when it was here, and the expectation have to see where the good will is. My order is sustained, and it falls, then the was that when it got to the House it question is, if we can do that, then it bill which comes popping up its ugly or would not have guns. But guess what? seems to me-I am asking the Senator, handsome head is a bill that has no gun They did. And the conference report Why do we not try to sit down and see ban in it. got here. We had guns. if we can resolve it? So once again, even though it may Guess what? The same people who Mr. BIDEN. My answer is if cows had not be the intention of the Senator voted for essentially the same bill the wings, they could fly. from Texas, this is about guns, guns, second time decided they will not vote Speaking of guns, the distinguished bang, bang, shoot-him-dead guns. And for the bill because now it was real. Senator from Idaho has come on the we know for 6 years we have debated. Now it meant it would become law. floor- and he is distinguished, and he is We had no crime bill because of guns, I want everybody to look through from Idaho-and he is a man who feels guns. this smokescreen here. If my friends ardently about the second amendment Mr. HATCH. Will the Senator yield are sincere about wanting this, just to rights of Americans, who believes fun on that point? make those few little changes they damentally that a ban on assault weap Mr. BIDEN. I will yield for a ques want to improve it, then I stand ready ons violates the second amendment. He tion. to listen to them. I stand ready for is a member of the board of the NRA, Mr. HATCH. Let me say this: Is it them to give me a unanimous-consent if I am not mistaken, and it is not a not true-it is a lengthy question. Is it agreement that they will, in fact, only bad thing to be; it is a good thing. not true that we passed the Senate bill have that amendment that the Senator I will ask him the question, if he is with the gun provisions on it 94 to 4? from Texas talked about, and they will willing to answer: Would he ever agree And I think what the distinguished include guns in the bill because it is in to a new bill that had guns banned in it Senator from Texas is saying, if a point the bill now, and that there will be under any circumstance? Will he agree I .k_ugust 22, 1994 CONGRESSIONAL RECORD-SENATE 23673 ; o a second shot here? If we took up a gentlemen, I have worked this out; ac publican friends are saying, BIDEN, we ill other than this one, would he agree cept it for me; and you all say, look, are going to test you to see if you have to add the exact language we have you have worked so hard, we will do 51 votes to pass it. They are totally :p.ow? Would he agree to add that to a what you want. Assume I come to the within their right. They are going to hew bill? floor then, and I say we are all set, and say: No. BIDEN, we are going to see I He need not answer if he does not there are no more votes and we voted whether you have 60 votes. want to, but my guess is that, the hon- up or down, and it is now a new pack Name me another place in our life's l rable man that he is, he could not do age; what happens next? What happens experience where you have to have 60 hat. He could not make that agree next is that the bill walks down this percent instead of 51 percent? Eent. He would be required to fight it. aisle, all the way across to the House That is what I am being asked-not i respect that. I truly do. In his case, I of Representatives, and it starts all asked. They are entitled to that. They :feally respect it. This is a man who over again. All over again. are entitled to this vote. I am not sug mmunity. Capt. Bob Dunford of the that is included in this bill, to provide vidual calls the hotline, they will be Boston Police Department deserves help for individuals who are substance tied right into their local community great credit along with Commissioner abusers and incarcerated. and into the assets that will be avail Paul Evans and his entire police force. But for addicts who get out of prison able to that individual who needs the Captain Dunford described the ways without undergoing treatment, two out services. in' which police officers and community of every three will commit new crimes So if you are in Methuen, MA, or in groups work together to improve and be back in prison within 3 years. New Bedford, and you have a problem, neighborhood conditions. The Attorney This crime bill contains $1 billion for you dial this one number and it ties General heard how the police work in special drug courts to treat these low you right back into the programs the local community center to provide level, nonviolent drug addicts. which are available in that commu role models for neighborhood children. We can understand the broad politics nity, or as close as possible. The tech C0mmunity policing is thriving in Dor of this issue. People say, "Why look nology is available. This legislation chester and elsewhere, and this bill will out after people who are in jail who are will give the hotline life again, and it e~courage it. substance abusers when we do not have is just one small but extremely impor One of the important features of the all the treatment slots we need outside tant program in the Violence Against community policing initiative is the of prison?" That has been an argument Women Act. creation of the Police Corps. Under this which has been difficult to respond to, That act also provides help to pros program, which is built on the national other than to try to increase treatment ecutors and to courts in dealing with and community service model, partici resources for community-based pro domestic violence cases, and it will pants drawn from the community will grams. The health bill contains a very, support battered-women shelters in our receive scholarships for college in ex very important provision to provide a communi ties. The act is funded at change for 4 years of service in a local comprehensive substance abuse bene about $1.6 billion over this 6-year pro police department. By emphasizing re fit. So we are beginning to deal with gram. It is a matter of enormous im cruitment from the community, the substance abuse in a comprehensive portance, and it certainly is one of the Police Corps can break down barriers way, both as a heal th issue as well as very important parts of the bill. between police forces and the people an issue in the criminal juE\tice system. Another Massachusetts model that they serve, and increase respect for the The bill also includes a provision I this legislation builds upon is the com police in the community. strongly supported to provide funds for munity prosecution program developed The original Senate crime bill con economic development to reduce crime by the Middlesex County District At tained a far larger authorization for in communities with high unemploy torney Tom Reilly. This initiative en the Police Corps Program than was in ment and poverty rates. This provision courages crime prevention partnerships cluded in this conference report, and I will promote economic growth and op among police, prosecutors, and commu hope we can remedy that flaw in the portunity in high crime neighborhoods nity groups. Such a coordinated ap near future. by assisting small- and mid-sized busi proach has proved to be useful in fight We have seen where the Teacher nesses, and by providing job opportuni ing crime in my State, and can benefit Corps Program has worked; we have ties for young people who might other other communities through this grant trained teachers and they have stayed wise resort to crime. This is the only program. August 22, 1994 CONGRESSIONAL RECORD-SENATE 23677 Basically, this program gets the dis The PRESIDING OFFICER. Without terial ways. It is unfortunate that that trict attorney's office working with a objection, it is so ordered. crime bill, originally reported from a range of social service providers, work Mr. HATCH. Madam President, the conference committee, was written ing with schools in the community, debate has been an interesting one largely in secret by a small handful of working with parent groups to try to · today, but it is pretty apparent we had Members without input either from the begin to identify those individuals who a very good bill that went out of the law enforcement community or from have a continuing record of violence Senate. It was $22 billion. The House the vast majority of other Members of and disruption and to give greatest at came up with its bill, which was a very both Houses of this Congress that tention to those individuals. bad bill. It was $27 billion. Then the wished to do something constructive in This program has had an extremely liberal conferees came up with a $33 the war against violent crime in the important impact. The people who are billion bill. Suddenly, it jumped $11 bil United States. the strongest supporters of it are the lion from a really good bill that we As a consequence, after its initial school teachers, school administrators, passed here. setback something more than a week and the parents themselves. The pro The bill has been somewhat improved ago, more and more Members read sec gram has improved the whole atmos by this last conference, by what the tions of the bill which they did not un phere of learning in school systems, House did. It has not been improved derstand and other sections with which freeing the students from threats of vi enough. they vehemently disagreed, and the net olence in those schools. The coordina Frankly, what we would like to do is result was a series of changes which tion and seed resources that the pro improve it some more, but the only took place late last Saturday evening gram provides have had an important way we can do that is to sustain a and Sunday morning in a reconstituted impact within the community. point of order that it violates the conference committee devoted, unfor In addition the bill contains a sen Budget Act and then work out the final tunately, more to attempting to make sible three-strikes-and-you're-out pro anticrime materials that have to go a few changes which would change a vision to ensure violent repeat offend into it. That is what we are trying to handful of votes than it was to examin ers remain in prison where they belong. do here, and that is what we are going ing the entire thrust and direction of Lengthy incarceration is essential for to do if we can. We think America that crime bill itself. violence career criminals. There is also would be much better off if we do. Certainly, what we have before us strong support in the bill to help I do not think the distinguished Sen now is improved in at least two direc States deal with the challenges of high ator from Delaware has to worry about tions. It is improved from the point of prison costs and overcrowded prisons. losing very much. The only thing we view of the safety of the people whom In these important ways, the bill helps will lose is maybe a little bit of time. we represent, primarily by the restora to make sure violent criminals actu But we can get this bill so it is much tion of Senate language on sexual pred ally serve the lengthy sentences that better and would have overwhelming ators, language passed unanimously in they deserve. I have long opposed capital punish support in both Houses of Congress. this body last November and language ment as a matter of deeply held prin That is all I am dedicated to doing and, which the House instructed its con ciple, and I regret this bill expands the frankly, I would like to see us have ferees to include by a vote of 407 to 13 that opportunity. just a few weeks ago. Federal death penalty. There is little It was puzzling, at the very least, to credible evidence that the death pen There is still a lot of pork in this bill. When we passed our $22 billion bill, it face a conference committee report alty actually deters crime. In fact, States with the death penalty gen was $2.3 billion in prevention programs, which ignored both votes in the Senate erally suffer from higher rates of mur part of which was, of course, the vio and the House-not only ignored both der and other violent crimes than lence against women bill on which Sen votes but which included a distinct States without special punishment. I ator BIDEN and I have worked so hard. right of privacy for convicted sexual also regret the bill does not include the All of a sudden, it jumped to almost $9 predators, a right of privacy which, in Racial Justice Act, which is needed to billion, and now it is down to $5.3 bil my view, might very well have over deal with serious problems of racial lion, but $3 billion more than the Sen ridden the laws of a number of States discrimination in the application of ate bill which some thought had too like my own which call for the notifi the death penalty. much pork in it as it was. It is time to cation of communities when a con But this bill contains so many provi change that. victed sexual predator is released into sions that deserve to be enacted: The Madam President, let us see what we their midst. In any event, whatever the assault weapons ban, the support for can do in the next day or so, and if we proper interpretation of that first con community policing, the Violence can, it will be for the betterment of our ference committee report, we now have Against Women Act, the crime preven country. language substantially similar to that tion programs, and many other provi I suggest the absence of a quorum. which passed the Senate in this bill. sions that are vitally needed. The PRESIDING OFFICER. The The second area, the second field in This far-reaching legislation makes clerk will call the roll. which this bill has been improved, of the Federal Government a real partner The bill clerk proceeded to call the course, is in a modest reduction of pro with State and local governments in roll. grams at the most remotely are tan the fight against crime. It commits Mr. GORTON. Mr. President, I ask gentially connected with crime or, for Federal recourses to a balanced strat unanimous consent that the order for that matter, the prevention of crime. egy of punishment and prevention that the quorum call be rescinded. It seemed that in the course of that holds great promise for improving pub The PRESIDING OFFICER (Mr. bill through Congress, from the rec lic safety. BRYAN). Without objection, it is so or ommendations of the President, I urge the Senate to approve the dered. through the House, through the Sen strong bill and send it to the President Mr. GORTON. Mr. President, during ate, with the conference committee, for his signature. the course of the last 10 days, the nothing was ever subtracted, but a Madam President, I suggest the ab crime bill has been debated from one great deal was added, much of it in the sence of a quorum. corner of this country to another, and form of individual bills introduced by The PRESIDING OFFICER. The I believe debated in a constructive individual Members of the Senate or clerk will call the roll. fashion. House; some of which have never been The bill clerk proceeded to call the A proposal originally presented to the subject of hearings, others which roll. the House of Representatives and obviously could not pass upon their Mr. HATCH. Madam President, I ask meant to be presented to the Senate on own merits but were gathered together unanimous consent that the order for a take-it-or-leave-it basis has now, in under the rubric of crime prevention the quorum call be rescinded. fact, been changed in a number of ma- and included in this bill. 23678 CONGRESSIONAL RECORD-SENATE August 22, 1994 One of them was removed lock, priate, as they would in many parts of ing program to the other 155 that we stock, and barrel-the youth employ the country from one corner to the already have? In this case we should be ment skills program for $650 million, other. I know that I have been ap consolidating. We should be determin which would have been, if my numbers proached by myriad police chiefs, sher ing which ones have been successful are correct, the 157th such uncoordi iffs, and for that matter those in the and which ones have not been success nated program managed by half a ranks, the police agencies in the State ful, and concentrating on those that dozen to a dozen different Federal of Washington, with the definitive have. agencies. Several of the others were re statement that there is no way their Third, and perhaps equally impor duced modestly-by, roughly, a 10-per jurisdictions can pick up this massive tant, is the fact that so many of the cent cut-but remain in this bill. local share of the expense of creating tough anticrime measures designed to A few other modest changes have our proportion of the 100,000 new police get violent criminals off the streets, been made in the bill, Mr. President, officers. that were included in the Senate bill, but I am convinced that this bill still These men and women state that are not included in even this con requires substantial improvement so their community budgets are pressed ference report. From my perspective, that it can stand as a true step forward and stretched to the absolute maxi al though it may the not be the largest in the war against violent crime in the mum at the present time. They will re of them, one which is utterly inexplica United States. sent being told that the Federal Gov ble has to do with making it easier to We here in the Senate who have been ernment is funding men and women take an illegal alien who has commit simply spectators of the debate in the whom it is not actually funding, and ted a serious felony and running House of Representatives will shortly whom they will not be actually able to through that person's entire deporta have the opportunity to do just that, take advantage of while, on the other tion proceedings while he is incarcer that is to say, to improve this bill to hand, those who will be hired to admin ated so that the deportation takes the point at which it can receive the ister 'the social programs in this bill, place immediately upon the ending of a vfltes of a wide bipartisan majority of will presumably be paid for perma sentence. Members of the Senate and, I trust, nently and entirely by the Federal I was given an example while I was when it returns to the House, of the Treasury. home over the weekend of an individ Members of the House of Representa Second, Mr. President, of some close ual, illegal alien, who has been con tives as well. to $9 billion in social programs with victed and jailed on nine separate occa I wish to speak tonight just to a only a tenuous relationship to crime sions. Yet, the deportation proceedings modest handful of the areas in which I prevention in this bill, only some $2 have never caught up with that indi think those improvements should take billion or so have been cut by this dra vidual, so that he is released onto the place. matic debate in the House of Rep streets in order to commit other The first, Mr. President, is connected resentatives. And that is not nearly crimes, and still has not been deported in a rather interesting way, in my own enough. from the United States. Making that mind at least, with my former position The Local Partnership Act, the process easier for criminal illegal as attorney general of the State of model intensive grants, the Commu aliens in the United States, and that Washington where, as was the case nity Economic Partnership Program, · provision being dropped by this con with the distinguished occupant of the all of which duplicate present programs ference committee, absolutely begs ex Chair this evening, I was involved in in the Federal Government, sometimes planation. consumer protection. duplicating them literally in the hun New sentencing provisions that are Mr. President, I am afraid that were dreds, are only reduced very, very really tough have been removed. Some it subject to my jurisdiction, I would slightly in this bill. The real irony in penal ties for criminal actions with have to sue the proponents of the pro this connection is that there is a need guns have been removed. posal to put 100,000 new cops on the for money spent on crime prevention. We just cannot understand why it is beat for false advertising, in utilizing And we have a number of highly suc that so many of the provisions which that number in connection with an ar cessful crime prevention programs would have accomplished something gument for additional policing, which which involve partnerships between the with respect to the sanctioning of vio unites almost all of us in this body. Government of the United States and lent criminals in the United States are I would have to do so, of course, be our local government. not a part of this bill. Even when it left cause this bill does not provide money In my own State, we have "Operation the Senate, it had done nothing to re for 100,000 new uniformed officers on Weed and Seed" in the city of Seattle, form the endless habeas corpus appeals our streets. To the contrary, if all of one of approximately 20 such projects through the Federal courts. the money in this bill were actually going on across the country, which Well, we could accept that. But when utilized for new officers, it would fund combine police work with community progressively we have lost more and fewer, not many more than 20,000 such activism, married together with those more of the law enforcement, and pro officers. who are working on social conditions gressively have more and more duplica Why? Well of course, because this is in their communities with those who tive programs with respect to various only a partial subsidy, in fact, a declin are enforcing the law in a way which social goals, we still have a bill, while ing subsidy to the cities and counties has been immensely constructive. If not unsatisfactory of that originally of the United States of America. And it the crime bill conference wanted to do reported by the conference committee, is assumed in the bill, but never something with extra money, why not still needs a great deal of improve trumpeted by its proponents, including 200 "Weed and Seed" programs rather ment. the President of the United States, than 20? Why not take something Much has been made about the gun that the only way in which we can get which has worked and expand it rather provisions and the assault weapons 100,000 new officers is to have. local than simply creating a whole set of provisions that are still in this bill. communities come up with enough new programs presumably named after There is much speculation by Senators money to fund almost 80 percent of the their sponsors in areas, many of which about whether or not the bill would cost of those officers over a 5- or 6-year have not been successful in the past? have a better chance without those period. It is in this respect that this Why not expand a Safe Streets Pro provisions in it. Mr. President, I voted bill falls greatly short of what it is ad gram? Why not expand Triad? Why not against those assault weapon provi vertised to do. expand DARE? Why not deal with those sions when the bill was before the Sen I daresay that most communities in crime prevention programs with a ate. It seemed to me peculiar that we this country, if they could afford to fi proven track record rather than simply should aim a law at thousands, perhaps nance 80,000 new police officers, would to add another juvenile program to the hundreds of thousands, of law-abiding be doing so where they think appro- 266 we already have, another job train- citizens in the United States, with a 4\ugust 22, 1994 CONGRESSIONAL RECORD-SENATE 23679 ~articular kind of firearm which many going on, and the reason this bill has crime. We are in danger of becoming a q>f them feel to be their right to hold, taken such a long time to resolve, and society of victims. iln a fashion which almost certainly the reason behind all of the rancor and I can cite statistics such as these for ould have had no impact whatsoever · debate and the controversy that sur the rest of this evening, but the num n the use of guns of any kind, includ rounds the crime bill, is because it is bers only serve to illustrate what we g those in violent crimes in the Unit important-precisely because it is so already know. I believe the Federal ted States today. very important to our country-that Government must act to help take Nevertheless, the Senate voted for we have the clash of interests, we have back our streets, to ensure that every tjhat provision. the clash of perspectives and the clash man, woman, and child in this country Many of my colleagues voted against of ideas going on here in this, the feels safe in their communities, in t!hat provision. greatest deliberative body in the world. their schools and in their homes. That I, nonethelesa, voted in favor of the And that is why finalizing and enacting is why it is imperative that Congress 1ime bill as it passed the Senate be into law this crime bill has not been send this bill to the President as soon oi3'use, it seemed to me, on balance the easy for Senator BIDEN, who has cer as we can, today or tomorrow. We can ~ood in the bill outweighed the nega tainly worked on it so many years, or not afford to wait another day. t ve elements of that proposal. So I for all of the other people here in Con I want to call the Presiding Officer's ould do this time around, if I felt that gress who have been so passionate attention to our Constitution, the doc t e good outweighed the negative or about giving the American people what ument that all of us love so much and t e bad in this proposal. And I am here they want and need. pledged to be faithful to in our work t say I am convinced that we have ex- But, at the same time, because it is here. tly just such an opportunity. We can so important, I think it is of critical The preamble of this Constitution in that opportunity by turning down significance that we continue the de says: e motion to waive the Budget Act bate as long as it takes to get our job We the People of the United States, in Order to form a more perfect Union, estab a d by amending the bill, most par done. lish Justice, insure domestic Tranquility, t cularly in the field of stronger and The Senate first passed the crime bill provide for the common defence, promote t ugher law enforcement directed at last November, nearly 8 months ago. the general Welfare, and secure the Blessings v olent criminals in our society, and At that time, everyone in this body of Liberty to ourselves and our Posterity, do r~moving several billions of extra dol hoped the bill would quickly become ordain and establish this Constitution for l rs, additional dollars, from the dubi law. Unfortunately for all of us, proce the United States of America. o s, questionable, marginal, non-law dural maneuvering and partisan poli I read that because I think it is im e forcement elements of the bill itself. tics has delayed completion of this leg portant for us to be reminded, Mr. The Senate, in other words, has the islation. But now, at long last, the Sen President, that ensuring our domestic s4me opportunity this week that the ate stands poised to vote on a measure tranquillity is part of what we were Hbuse of Representatives availed itself that, for the first time, will devote sub sent here to do. That is our job. It is o last week. The House of Representa stantial resources of the Federal Gov what we are elected, in part, to ensure. ti es in its changes took significant ernment to the effort to reclaim our And, more importantly, it is what the s eps in the right direction. The Senate streets. As far as I am concerned, Mr. crime bill gives us the opportunity to s ould now follow suit, and if it does President, this vote is coming not a do. s , this Senator for one will be de moment too soon. I believe that it is important that we li hted to support a bill which is not as By way of background, Mr. Presi remind every Member of this Senate u desirable as it was 10 days ago, but dent, I come out of a law enforcement that ensuring our domestic tran w ich needs considerable improvement family. My father was a police officer, quillity does not mean that we have to o balance before it becomes the law of as were my brother and my uncle. I ensure a liberal approach to crime or a t e United States of America. have grown up discussing issues relat conservative approach to crime. It does s. MOSELEY-BRA UN addressed the ing to crime and punishment in the not call for us to ensure the building of C air. criminal justice system in our home all more prisons or "grabbing them by the he PRESIDING OFFICER. The Sen my life. I served formerly as an assist throat," as one of my colleagues likes at\ r from Illinois, Ms. MOSELEY-BRAUN, ant U.S. attorney in the Northern Dis to say. What this says is that we have is recognized. trict of Illinois. I served as a State leg an obligation to focus on the needs and islator, as a local elected official, and interests of the honest people of this finally as a U.S. Senator. country, the needs and interests of the THE CRIME BILL For all of these years, Mr. President, citizens of this country who want to be s. MOSELEY-BRAUN. Mr. Presi crime has been an issue of great public able to live without the threat of vio de t, I had occasion to preside over the concern. And for all of those years, the lent crime. I believe this crime bill S nate for the last 2 hours, and I could level of crime in our society has been goes a long way in that direction. not help but be reminded of that old unacceptably high. But the challenges Stories that have been written about ex ression that those who love the law posed by violent crime today are great this crime bill have tended to focus on an those who love sausages should not er now than they have ever been. the critics of the bill, critics who exist w tch either of them being made. I had I do not make that statement easily, on both sides of the political spectrum. a f,hance to sit through the rancor and but we can no longer ignore the truth. According to the reports, the "lib de ate around the procedural status of We live in a country where 7-year-olds erals" have criticized the bill for focus th s legislation, and to have occasion are gunned down on their way to ing too much on the "lock-em-up" ap to think for a moment how we must school, and 9-year-olds bring guns to proach to solving crime, while the apl ear to the people of the public, who school for protection. We live in a " conservatives" contend that the bill do not know about the rules and about country where violent crime occurs places too much emphasis on preven th procedural maneuvers and do not every 22 seconds. That includes one tion. Some critics have urged a vote qu te understand why it is taking such murder every 22 minutes, one rape against the bill because too much an extraordinary amount of debate and every 5 minutes, and one aggravated money will be spent to build prison is 1uch a long, drawn-out process for us assault every 28 seconds. cells or to fund boot camps. Others to achieve a crime bill in this session The public, the people, are fright urge a vote against the bill because too of the Congress-a bill, I might add, ened. Fifty-nine percent of city resi much money will be spent to fund pro th t the American people want. dents and 57 percent of suburban resi grams designed to steer children away l say, Mr. President, in explanation dents fear becoming a victim of crime. from crime and drugs or to provide to those people who are more than Sixty percent of all Americans limit youth with job training and career op m y\stified at this point about what is the places they travel to out of fear of portunities. 23680 CONGRESSIONAL RECORD-SENATE August 22, 1994 Mr. President, I would like to take Mayors, the National Conference of Re This bill provides for new death pen this opportunity to address those cri t publican Mayors, and Municipal Elect alty offenses, contains a three-strikes ics-again, on both sides of the politi ed officials, just to name a few. and-you-are-out provision for repeat cal spectrum and, frankly, both sides of Most important, though, let us focus violent offenders, contains dlscre the aisle. I certainly hope that those of on the supporters who matter the tionary authority to try juveniles aged us in this body will resist such simplis most, the honest citizens who resent 13 and above as adults, gives the States tic analyses. Fighting crime is not an being made victims of crime; the moth $9.9 billion to provide boot camps to either/or decision; it is not a liberal or ers who want to save their boys from house hardened criminals. conservative decision; nor is it a Re gangs; the communities, large cities This bill is very tough on crime. It is, publican or Democrat decision-or at and rural towns, that want to preserve of course, the very provisions I have least it should not be. And it does not a quality of life; and the people who just cited that made the bill subject to just come down to a choice between want to reclaim the domestic tran some of the criticism. The bill is too funding a social program or funding a quility that the Constitution says is tough, some opponents say. It focuses prison cell. The truth of the matter is our job to protect. solely on locking people up once they that there is no liberal solution to Why does this bill have so much sup have committed a crime, but does lit crime, and there is no conservative so port? First and foremost this bill will tle to prevent a crime from occurring. lution to crime. There is only a cooper deploy an additional 100,000 police offi The fact of the matter is this bill ative solution. cers on the streets of our cities and achieves a balance of punishment, on We are all in this together, and we towns, exactly where they are needed the one hand, and prevention, on the should be prepared to take what works the most. Police officers hired under other. I for one would never support a to fight crime. We should be prepared the bill will be trained in community bill that focused solely on punishment, to take a little bit of this approach and policing, a new idea that really is noth but that is not the bill we are consider that approach, approaches that have ing more than the old-fashioned beat ing. This bill is a recognition of the been demonstrated to be effective, in cop that existed in the days when my fact that we must do both. our effort to fight to secure our domes uncle first started on the police depart The funding in the bill, frankly, is tic tranquillity. ment. slanted heavily in favor of the punish Common sense tells us that we can Having police walking the streets, as ment side of the equation. Seventy not focus solely on alleviating the root members of the communities, makes seven percent of the money in here is causes of crime, even though as much all the sense in the world, and as a for after-the-fact law enforcement, for as I would like to see that happen, be member of a law enforcement family, I police, punishment, and prisons. But 23 cause even if it were successful, those for one am delighted that Congress has percent of the funding is for preven measures might not show any effects recognized the value of encouraging po tion, and I believe that represents a sea for 10 or 15 years down the road. But lice officers to become part of the com munity, to walk the streets of the change and step forward in putting to neither can we simply talk about lock gether a collective, cooperative ap ing people up and throwing away the neighborhoods, and to get to know the residents. proach that will begin to tackle violent key, because once you need to lock Again, simple common sense tells us crime and help us to reclaim our com someone up you have already failed at that the cop on the beat in the neigh munities. what should be the central task of the borhood decreases the likelihood that a Mr. President, if we only concentrate criminal justice system, which is pre crime will be committed in that neigh on punishing crime we will never be venting crime in the first place. borhood. The addition of 100,000 com able to build enough jails and boot The crime bill we are considering munity police represents a real oppor camps and prisons to hold all the peo today recognizes both of the realities, tunity not just to make more arrests ple that find their way into criminal that we have to focus on prevention as and prosecute more offenders. It offers activity. We already in this country well as punishment. This bill recog a chance for law enforcement agencies have the highest per capita prison pop nizes that we should be prepared to throughout the Nation to respond ulation in the world, yet that has not take what really works to fight crime. proactively to help deter crime before made our communities any safer. And Prevention efforts, in my opinion, are there is a need for arrest or prosecu there is nothing to suggest that the important in securing our future and tion. trend is changing. securing our children's future if for no In my State of Illinois, there should I would point out to my colleagues other reason than the old adage that be somewhere in the neighborhood of and anyone listening that simply lock says "a stitch in time saves nine." It 2,000 new police added to the police ing people up is an awfully expensive makes sense to stop crime before there that are already in place. That will be way to approach the issue. The tax are victims, even at the same time as in additional support to the big cities payers pay on average $25,000 a year for we focus in on punishing those who as well as the small towns that have every person that we put into a jail made a victim out of all of us. This bill seen a rise in violent criminal activity. cell. strikes a balance between prevention But this bill will not just send out It seems to me, and it seems I think and punishment in a way that makes more police officers. It also provides to the authors of this bill, that we can sense. the funds necessary to give States and do a little bit better to diminish the So let us not focus on just the detrac local law enforcement agencies the pipeline to prisons. We can do better to t ors and critics of this bill. Let us tools to do their jobs. The bill provides give people an opportunity, an option focus on its supporters. This crime bill funds for the Edward Byrne Formula that will steer them away from crimi has the support of the National Dis Grant Program to assist State efforts nal activity and save us all the tremen trict Attorneys Association, the Na in fighting drugs. It provides money for dous cost of victimization that we are t ional Association of Attorneys Gen fighting crime and drug trafficking in currently experiencing. eral, the Fraternal Order of Police, the rural areas. It provides money to assist We particularly need to give young International Association of Chiefs of States in administering the Brady law, people a chance, Mr. President. As Police, the National Organization of a law that has already proved success President Clinton has stated so elo Black Law Enforcement Executives, ful in keeping guns out of the hands of quently, if we want people to say no to the National Sheriffs Organization, the those who should not have them. It crime, to drugs, and to violence, we International Brotherhood of Police Of provides funds for States to acquire the must give them something to say yes ficers, the National Troopers Organiza DNA labs and or technologies in carry to. tion, the National League of Cities, the ing out the fight against crime. And, it This crime bill does that, by author United States Conference of Mayors, provides funds to State courts, pros izing money to fund drug education, the National Association of Counties, ecutors, and public defenders to assist summer recreation programs, and em the National Conference of Democratic in the administration of justice. ployment initiatives, programs that August 22, 1994 CONGRESSIONAL RECORD-SENATE 23681 will give young people an opportunity thing to say yes to. They have been an crime bill is a vehicle in which we can to find good jobs and lead productive exercise that has more than returned do that. I hope that we will not miss lives and stay away from the lure of the investment that we are called on in \his chance to do so. the easy dollar and criminal activity. this legislation to make. This summer I had occasion to visit This bill will fund programs to allow And so, based on the experience in the Robert Taylor Homes with the schools to remain open in the after- Chicago, I am proud to say that many President of the United States. It was noons and evenings, so young people of the midnight basketball league play really· stunning, because I think that will have an alternative to hanging out ers have recently completed their GED many times, as we talk about these is on the street corners. And it will fund requirement-in other words, received sues, there is almost a disconnect. local crime prevention block grants, their high school diploma-and none of Some of my colleagues do not nec which will allow local governments to them, Mr. President, were in trouble essarily know what urban communities provide numerous crime prevention with the law during the 3 years that are like, there is a disconnect between programs ranging from gang resistance this program was evaluated. the realities they see and what actu education, Boys and Girls Clubs, super- That, it seems to me, Mr. President, ally goes on, particularly in some of vised visitation centers for children re- is well worth the effort. It goes directly the inner city communities. moved from abusive homes and, yes, to the point that we do better making The Robert Taylor Homes are not far even the now-famous midnight basket- investments in young people, giving from where I grew up. In fact, I had an ball program.' ':F4!s bill recognizes the them something to say yes to, provid occasion just yesterday to drop off a value of crime prevention. ing them alternatives to the gangs and friend who lives there and who is doing Mr. President, I was the original to the crimes, than with simply lock her level best to raise her children and sponsor here in the Senate of the Mid- ing them up. to keep them alive in a community in night Basketball League Training and For my colleagues who have com which she has to walk her children to Partnership Act of 1993. As one who' has___ plained about the pork-barrel spending school for fear of them being shot. I observed firsthand the benefits that 'an~he wasted dollars used to fund guess the feeling is that she will take midnight basketball leagues have pro- midnight basketball and other preven the bullet instead of them. vided not just in my hometown of Chi- tion initiatives, I would ask them to In the Robert Taylor Homes, there is cago, but in 40 other cities across the consider this. In Chicago, midnight an 89-percent poverty rate. The median Nation, I would like to take a few mo- basketball leagues have been able to family income is $5,400, and unemploy ments to speak about why it is not serve 80 youngsters a year at the cost ment there averages 60 percent. Only 32 only appropriate, but also necessary, of about $85,000. On the other hand, it percent of the adults have more than a that funds for midnight basketball be cost approximately $20,000 to incarcer high school education, and 45 percent of the residents are under the age of 14. included in comprehensive crime legis- ate a juvenile for 1 year. And those are When this mix is aggravated by drugs lation. strictly the incarceration costs, Mr. and guns and overcrowding, it is not The midnight sports programs are President. That does not include what hard to see why these young people much more than just fun and games. I we spend to hire the police to make the might turn to a life of crime. want to congratulate the media for the arrests, to provide a prosecutor, a That is not to excuse their conduct. articles and the stories on this issue court guardian, a judge to hear the In fact, there is no excuse for it. We that have pointed that fact out. This is case, money for restitution for the vic have to be clear that we insist and de not just about recreation. This is not tims, et cetera, et cetera. So it seems mand on individual responsibility for about basketball. In fact, if anything, to me we have a choice. We can choose what one does. the basketball aspect of midnight bas- to spend that money, that $85,000 on 80 But, at the same time, as President ketball is probably the least impor- youngsters and give them something to Clinton again stated, we have to give tant. If anything, basketball becomes say yes to, or we can spend $85,000 on these young people something to say the hook by which we attract young four youngsters to lock them up and yes to. We have to provide them with people and give them an alternative to throw away the key. some alternatives. And, thanks to mid the streets, an alternative to the gangs For those in this Chamber who do not night basketball, the answer to the and a little alternative to destructive live in communities where midnight question, "What else can I do?" is no activities. basketball programs have been run, it longer "Nothing." Midnight basketball leagues promote may seem like a small thing to do. But This is a program that gives them an youth development by forming private- I can assure you it makes a huge dif alternative to the streets, that helps public pa.rtnerships with local compa- ference in the lives of young people them graduate from school and to find nies and with the police. In Chicago, who have little opportunity. It can a job. private sponsors have not only contrib- make a real difference to young men And in the absence of investment, uted funds to help finance the leagues and women who have the potential to Mr. President, in other alternatives, it and the teams, they have also helped make significant contributions to our seems to me that this is a small con midnight basketball leagues design society, but ultimately lack the oppor tribution for us to make. educational and job-related workshops tunity to make those contributions. I hope that this debate recognizes, as which league players are required to So I ask my colleagues to come and this bill recognizes, that prevention attend after the games. Consequently, examine these programs. And I would and programs like midnight basketball these partnerships have provided ado- be willing to organize a tour, while I have a positive effect, that the Mem lescents with important adult mentors have one of my colleagues on floor who bers of this body will see their way and role models and also demonstrated no doubt is a better basketball player clear to supporting this conference re themselves in helping prevent crime, than I am, who just indicated he might port. by providing adolescents with opportu- be interested in doing that. But I would Mr. President, this conference report nities to play basketball during the very much like to offer to take my col also authorized funds for something hours when most crimes are commit- leagues to see my reality, to see what called the family unity demonstration ted, from 10 p.m. to 2 a.m in the morn- it is like in the cities and to talk to project. This provision, which I was ing. these young people, to see how des- proud to cosponsor, was sponsored by Midnight basketball leagues have perately they want to avoid the lure of my senior Senator from Illinois, Sen also successfully assigned rival gang the people of the gangs and the lure of ator SIMON, along with Senator DUREN members to the same teams, affecting the people of the streets and they want BERGER of Minnesota. This provision truces both on and off the court. They to do the right thing. They just do not will establish five demonstration have been successful everywhere they have the opportunity. projects-four at the State level and have been tried. They have kept down We can provide them with that op one at the Federal level-where non crime. They have given people some- portunity, Mr. President, and this violent female offenders can reside 23682 CONGRESSIONAL RECORD-SENATE · August 22, 1994 wi tlh their young children. In these And that is, while crime affects all Senator BIDEN spoke earlier about cenlters, women can not only bond with Americans, it affects women in more the fact that a great deal of the effort the~ r young children and keep their insidious ways. being expended to filibuster or derail farrr-ilies together, but they can receive Women who are the victims of rape this legislation by procedural maneu par~nting classes, drug treatment, job are nearly nine times as likely as non vering is a direct result of the assault training, and other educational oppor victims to attempt suicide, and are weapons ban. I think that is really un tunities. twice as likely to experience serious fortunate, Mr. President, because I am By allowing nonviolent offenders to depression. Rape and sexual assault af one who supports the second amend liv~ in the community with their chil fect even women who are not victims. ment, who understands and is sensitive dren, we can help maintain more sta Just ask the millions of women who to the concerns of legitimate hunters biliity than if the mother and the child have altered their patterns of behavior and honest people who want to have we ~e separated. This serves two very to avoid being alone on the street at weapons. But certainly no legitimate imPiortant purposes. First, by allowing night for fear of being attacked. hunter needs to have an assault weap the mother to form strong bonds and This bill will help ensure women are on as part of a private arsenal. And, atti' chments with her child, we can once again free to walk the streets certainly, as I have stated previously, giv the mother a strong incentive to alone at night if they so choose. It will given what we have seen time and time go traight, and help make it less like also help assure those women who are again, that assault weapons are the ly hat she will become a repeat of assaulted, despite our best efforts to guns of choice for gang members, drug fen er. And second, we can prevent the prevent that, will feel free to turn to dealers and drive-by shooters, for peo ch;·id from being shuffled endlessly the justice system without the fear of ple who just want to kill other people, thr ugh the foster and group home sys being victimized a second time. In our duty to ensure the domestic tran te that we all know creates so many short, the Violence Against Women Act quility requires we pass an assault pro lems for young children. will help create a more responsive jus weapons ban. T e majority of women prisoners are tice system for our mothers, our sis I mentioned earlier my visit to the no1 iolent offenders, jailed for prop ters, our daughters, and our friends. I Robert Taylor Homes with the Presi ert or drug crimes. These women can applaud Senator BIDEN for his leader dent. We went into a police facility lo ser e their time in the community, ship in introducing the Violence cated in the housing development, and alo~gside their children, without pos Against Women Act, and for including saw stacks upon stacks upon stacks of ing a.ny risk to society. I do not mean it in this legislation. assault weapons which clearly were not to say that these women should not Finally, this bill signals our intent to being used for any legitimate purpose. pay for their crimes-of course they get serious about the gun violence that These weapons clearly were not being should. But I believe this will give us is plaguing our streets. The crime bill used by anyone who wanted to hunt, an ppportunity to provide a win-win contains a provision to ban the manu and certainly were not being used to situation, where the children are not facture and sale of 19 deadly semiauto protect anyone's security in their made victims because of the error of matic assault weapons. I was proud to home. They were seized from thei~ parents. stand with my colleague from Califor gangbangers and other young people And the crime bill also contains what nia, Senator FEINSTEIN, as a cosponsor who were on the streets terrorizing the I copsider to be one of the most impor of this amendment, for if any provision honest citizens who live in the Robert tant preven ta tive programs ever to be Taylor Homes. passed by this Congress, the landmark is essential to securing our domestic Another critical step in the control Violence Against Women Act. Passage tranquility, it is a ban on assault weap ling of gun violence, Mr. President, is of this bill will, for the first time, put ons. I would like to take a moment to getting the guns out of the hands of the the U.S. Congress on record in support discuss what this ban on assault weap 17-year-olds, the 16-year-olds, and yes, of the fact that violence against ons does and doesn't do. even our 12- and 13-year-olds. The fact worrien is just that-violence. This amendment in no way infringes of the matter is that, today, our Na By now, Mr. President, we have be on the right of legitimate hunters and tion's schools are looking less and less come all too familiar with the fright sportsmen. In fact, it specifically ex like halls of learning and more and ening statistics on crimes against empts, by name, more than 650 rifles, more like armed camps. We cannot ex women. The fact that the rape rate has and it also provides a set of functional pect our children to thrive in those risen four times as fast as the total characteristics to protect their succes kinds of environments. I am proud to crime rate; that one in every three sors. have been a cosponsor of the amend women will be the victim of a rape dur What this amendment bans are guns ment to the crime bill, offered by Sen that are designed solely to spray large ing her lifetime; or that between 3 and ator KOHL, to ban the transfer or pos 4 million women are abused in the groups of people with gunfire in a short session of a handgun by a minor. United States each year. period of time-guns that are designed It is almost stunning-in fact people Yet we also know that despite the not to fire precisely, but to fire quick are very often surprised when I tell high rate of crimes against women, ly. Semiautomatic assault weapons are them-that it is not currently illegal rape and domestic assaults often go un the weapons of choice for gang mem under Federal law for a minor to pos reported. Women are afraid to turn to bers, terrorists, assassins, drug king sess a handgun or for an adult to give the justice system for help, fearing pins, grievance killers, and drive-by a handgun to a minor. that they will be · assaulted a second shooters. These guns have no other While I do not believe a ban on hand time by a system that blames the vic purpose but to kill as many human gun possession by minors will solve all tim. All too often, they are correct. beings as possible as quickly as pos the problems associated with juvenile Who would believe, in this day and age, sible. Hunters have nothing to fear violence, I do believe this amend that a judge could issue a light sen from this bill, unless of course they ment-along with the provisions al tence to a rapist by asserting that the plan to hunt humans. ready in the crime bill-can continue victim, "ended up enjoying [herself]?" The cynical efforts of gun control op to make a difference in combating that Who would believe that the police ponents to derail the crime bill because problem. I cannot imagine-getting could refuse to arrest an abusive hus it contains an assault weapons ban back again to the second amendment- band because his abuse is a "family must fail for one reason, and for one I cannot imagine that the founders of issue?" But day after day, in court reason only: The American public our great country intended to grant rooms and police stations throughout wants an assault weapons ban. The children unlimited, unsupervised ac the country, such callous and insensi voices of the American public have pre cess to the gun of their choice. tive attitudes prevail. vailed over the cries of the special in My praise for this bill does not mean This legislation gives long-overdue terests, and the crime bill is a stronger I believe it is a perfect piece of legisla recognition to a disturbing reality. bill as a result. tion. I do not know that there is such August 22, 1994 CONGRESSIONAL RECORD-SENATE 23683 a thi;ng as a perfect piece of legislation their actions when they kill or rob or continue to be wrapped up in partisan precisely because the process is in maim someone with a gun. However, I politics. This is not a victory for Presi tended to function, is designed to func believe the discretionary nature of this dent Clinton or victory for the House tion, as a process of compromise and provision will function much the way or victory for the Senate. Instead, it give-and-take. We pass the best. bills similar provisions in State courts have, will be a victory for the American peo we can, and then we improve them over with minority you th being dispropor ple when the crime bill is signed into time. tionately more likely to be tried as law. As a long time opponent of the death adults than nonminority juvenile of Mr. President, I yield the floor. penalty I, frankly, do not support the fenders. Eliminating the discretion expansion of the death penalty to over would have eliminated the potential 60 crimes in this bill. And, given the for discrimination in the treatment of MORNING BUSINESS overwhelming evidence-and I have juvenile offenders. spoken to this on this floor more times But I do not expect to agree with than I like to think about-but given each and every provision in a bill as MESSAGES FROM THE PRESIDENT the overwhelming evidence of discrimi large and as comprehensive as this one. A message from the President of the nation in the application of the death For me, the decision whether or not to United States was communicated to penalty-particularly in the Federal support this bill was not predicated on the Senate by Mr. Thomas, one of his criminal justice system-I regret that any one particular provision. Instead, secretaries. the Racial Justice Act was not in the question was whether or not the cluded in this crime bill. We know bill as a whole was a good one, one that that, under the Federal death penalty will make Americans feel safer on our EXECUTIVE MESSAGES REFERRED adopted in 1988 for drug kingpins, a streets, in our schools, and in our As in executive session, the Presiding sentence of death has been sought homes. Officer laid before the Senate a mes against 36 defendants. Four of those de In closing, I want to commend Sen sage from the President of the United fendants have been white, 4 have been ator BIDEN for all the work he has put States submitting sundry nominations Hispanic, and 2~77 percent-have been into this bill and, frankly, for his pa which were referred to the appropriate black. This despite the fact that 75 per tience in guiding it not only through committees. cent of defendants charged under that this body, but through the conference (The nominations received today are same law have been white. committee and through the House of printed at the end of the Senate pro We also know, because the General Representatives as well. If anything, ceedings.) Accounting Office has told us based on the fact that we have a crime bill at all their evaluation of 28 studies on the ef is due in large part to the work of the fect of race in capital sentencing, that Senator from Delaware, and I commend MESSAGES FROM THE HOUSE there exists, and I quote, "a pattern of him on his tenacity. The fact that it At 10:53 a.m., a message from the evidence indicating racial disparities has taken 6 years is probably to be ex House of Representatives, delivered by in the charging, sentencing, and impo pected, given the kind of emotion that Ms. Goetz, one of its reading clerks, an sition of the death penalty." So I deep attaches to these issues. nounced that the House agrees to the ly regret that my colleagues in this I think the most important thing we report of the committee of conference body did not see the need to accord to have done here is to begin to take posi on the disagreeing votes of the two those charged with death the same tive steps to fulfill our constitutional Houses on the amendments of the rights as those denied an apartment or obligation to ensure domestic tran House to the amendment of the Senate fired from a job-the right to use sta quility-to begin to give the people out to the bill (H.R. 3355) to amend the Om tistics to prove their discrimination there some hope that the Congress and nibus Crime Control and Safe Streets claim. the Senate and the House are not un Act of 1968 to allow grants to increase The fact the Racial Justice Act did mindful of what is going on out in the police presence, to expand and improve not receive the support of this body is, real world, of what is going on in the cooperative efforts between law en in my opinion, regrettable. But Presi streets; that we really are committed forcement agencies and members of the dent Clinton has pledged that he, along to providing honest citizens with the community to address crime and dis with Attorney General Reno and other security to which they are entitled. No order problems, and otherwise to en supporters of the Racial Justice Act, community of people should be victim hance public safety. will work together to see to that the ized or should have to lose their qual The message also announced that the death penalty under the Federal justice ity of life because of the activities of a House has agreed to the following con system will be administered in a non few violent criminals. current resolution; in which it requests discriminatory, fair, manner. That was This crime bill goes a long way, I be the concurrence of the Senate: the only point that the Racial Justice lieve, in helping us to address this H. Con. Res. 289. Concurrent resolution Act intended to address-that there be issue. It will not be a panacea. It will providing for an adjournment or recess of the some fairness in the application of the not solve crime. You will not see crime two Houses. law, and that the death penalty be ap go away the day after this bill is signed plied based on what a person has done, into law. ENROLLED BILL SIGNED not who that person is. But it certainly will give us the tools The message further announced that I am also disappointed the conference with which to begin to address an issue the Speaker has signed the following committee chose not to adopt an that has just gotten worse and worse enrolled bill: amendment that I had offered to the over time. We will have some tools H.R. 4603. An act making appropriations crime bill-that passed the Senate with with which to begin to reclaim our for the Departments of Commerce, Justice, and State, the Judiciary, and related agen an overwhelming 64 votes-mandating streets. We will have some tools with cies programs for the fiscal year ending Sep that juveniles who commit serious vio which to begin to give people the no tember 30, 1995, and making supplemental lent crimes with a firearm be pros tion that we in Congress are serious appropriations for these departments and ecuted as adults. Instead, the con about our responsibilities and we are agencies for the fiscal year ending Septem ference committee chose to make such going to try to help them get back the ber 30, 1994, and for other purposes. prosecutions discretionary. communities in which they live. We are The enrolled bill was subsequently I am certainly pleased that the con going to begin to try to make the Unit signed by the President pro tempore ference committee recognized that we ed States a safe place in which to live [Mr. BYRD]. can no longer afford to indulge the fic again. tion that young teenagers are incapa Again, I encourage my colleagues to At 11:52 a.m., a message from the ble of appreciating the seriousness of pass this legislation, not to allow it to House of Representatives, delivered by 23684 CONGRESSIONAL RECORD-SENATE August 22, 1994 Ms. Goetz, one of its reading clerks, an ADDITIONAL COSPONSORS Whereas the Hurriyat believes that all rep resentatives of the Kashmiri people should nounced that the Speaker has signed s. 725 the following enrolled bill: be represented in any dialogue including: At the request of Mr. KENNEDY, the The Kashmiri Pandits, the Dogra, the leader H.R. 2178. An act to amend the Hazarddus name of the Senator from Utah [Mr. ship of Azad Kashmir, the Ladakhis and all Materials Transportation Act to authorize HATCH] was added as a cosponsor of S. other legitimate representatives of the peo appropriations for fiscal years 1994, 1995, 1996, ple; and 1997. 725, a bill to amend the Public Health Service Act to provide for the conduct Whereas the United States Institute of of expanded studies and the establish Peace (USIP) in January, 1994 brought to EXECUTIVE AND OTHER gether representatives from the central par ment of innovative programs with re ticipants to the conflict-India, Pakistan COMMUNICATIONS spect to traumatic brain injury, and and Kashmir-to engage in a dialogue for The following communications were for other purposes. peace; laid before the Senate, together with s. 2335 Whereas the USIP concluded that, "It is accompanying papers, reports, and doc At the request of Mr. BROWN, the essential that people of Jammu and Kashmir uments, which were referred as indi be central participants in this political proc name of the Senator from Utah [Mr. ess, along with the governments and citizens cated: BENNETT] was added as a cosponsor of of India and Pakistan.'' The report further EC-3239. A communication from the Presi S. 2335, a bill to amend the Balanced states that the formation of the Hurriyat dent of the United States, transmitting, pur Budget and Emergency Deficit Control could potentially facilitate possible negotia suant to law, a report relative to the efforts Act of 1985 to require that OMB and tions. of the United Nations ahd North Atlantic CBO estimates for paygo purposes to Resolved, that it is the sense of the Senate Treaty Organization in Bosnia and that--- Herzegovina; to the Committee on Foreign recognize the increased revenues gen erated by economic growth resulting (1) the United States condemns the use of Relations. coercive force being employed by Indian from legislation implementing any military and paramilitary forces against ci trade agreement. vilians in Kashmir and similarly denounces REPORTS OF COMMITTEES s. 2347 any acts of violence by the Kashmiri mili The following reports of committees At the request of Mr. WARNER, the tants; were submitted: name of the Senator from Mississippi (2) the United States urges the government By Mr. JOHNSTON, from the Committee [Mr. COCHRAN] was added as a cospon of India to take specific steps to respond to on Energy and Natural Resources, with an sor of S. 2347, a bill to require the Sec human rights concerns including: Releasing amendment in the nature of a substitute: political prisoners; opening Kashmir to retary of the Treasury to mint coins in international human rights groups and elec S. 544. A bill to amend the Federal Power commemoration of the 150th anniver Act to protect consumers of multistate util tronic media; permitting the International ity systems, and for other purposes (Rept. sary of the founding of the Smi thso Red Cross to visit prisons and detention cen No. 103-351). nian Institution. ters; prosecuting security personnel involved By Mr. JOHNSTON, from the Committee SENATE JOINT RESOLUTION 186 in wanton violence against the civilian popu on Energy and Natural Resources, with an At the request of Mr. PACKWOOD, the lation; amendment in the nature of a substitute: (3) the United States reiterates the need names of the Senator from New Mexico for all parties to the dispute-the govern H.R. 194. A bill to withdraw and reserve [Mr. BINGAMAN] and the Senator from certain public lands and minerals within the ments of India and Pakistan as well as the State of Colorado for military uses, and ·for Pennsylvania [Mr. SPECTER] were legitimate representatives of Kashmir-to other purposes (Rept. No. 103-352). added as cosponsors of Senate Joint enter into negotiations and resolve the con By Mr. HOLLINGS, from the Committee Resolution 186, a joint resolution to flict peacefully; on Commerce, Science, and Transportation, designate February 2, 1995, and Feb (4) the United States Senate urges the Ad with amendments: ruary 1, 1996, as "National Women and ministration to work with the United Na S. 1848. A bill to provide for disclosure of Girls in Sports Day." tions and the international community to fa the bumper impact capability of certain pas cilitate a peaceful negotiation for the final senger motor vehicles and to require a 5- settlement of the Kashmir crisis. mile-per-hour bumper standard for such ve SENATE RESOLUTION 251-RELAT •Mr. WALLOP. Mr. President, I rise to hicles (Rept. No. 103-353). ING TO THE CONFLICT IN KASH submit this resolution which seeks to By Mr. HOLLINGS, from the Committee MIR encourage a negotiated settlement to on Commerce, Science, and Transportation, with an amendment in the nature of a sub Mr. WALLOP submitted the follow the conflict in Kashmir through dialog stitute and an amendment to the title: ing resolution; which was read and re between all parties to the conflict- H.R. 3485. A bill to authorize appropria ferred to the Committee on Foreign India, Pakistan, and the people of tions for carrying out the Earthquake Haz Relations: Kashmir. It is my hope that through ards Reduction Act of 1977 for fiscal years Senate action the United States will S. RES. 251 1994, 1995, and 1996 (Rept. No. 103-354). take a leadership role in dealing with By Mr. BIDEN, from the Committee on the Whereas U.S. policy calls for a solution to this conflict which has the potential to Judiciary, with an amendment in the nature the conflict through negotiations between of a substitute: India and Pakistan taking into consideration evolve into a nuclear confrontation. S. 1782. A bill to amend title 5, United the wishes of the people of Kashmir and fur In 1948 and again in 1949, the United States Code, to provide for public access to ther states that it is up to the people of Nations passed two resolutions in information in an electronic format, to Kashmir to determine who best represents which the Kashmir people were prom amend the Freedom of Information Act, and their interest; ised the right to determine their own for other purposes. Whereas India and Pakistan have fought future through a free and impartial two wars over the Kashmir conflict, and ten plebiscite, These resolutions were sions in the region continue to escalate; never implemented. To this day the SUBMISSION OF CONCURRENT AND Whereas India and Pakistan possess the ca SENATE RESOLUTIONS pability to assemble and deliver nuclear United Nations and the United States weapons; recognize that Kashmir is a disputed The following concurrent resolutions Whereas reports of significant human territory whose final status has yet to and Senate resolutions were read, and rights abuses continue in Kashmir particu be determined. referred (or acted upon), as indicated: larly as a result of the excessive and unre Kashmir has already been the cause By Mr. WALLOP: strained force used by the Indian Security of two wars between India and Paki S. Res. 251. A resolution expressing the Forces against the civilian population; stan. As a result of this dispute, the sense of the Senate regarding human rights Whereas the Muslim population of Kashmir violations in Kashmir and calling for a nego has organized the All Parties Hurriyat (Free two nations have accumulated massive tiated settlement to the Kashmir conflict, dom) Conference an umbrella organization of weaponry, including a sophisticated including India, Pakistan and the people of 34 political parties to engage in negotiations nuclear arsenal, to stare each other Kashmir; to the Committee on Foreign Rela with the Indian and Pakistani authorities down along a U.N.-demarcated cease tions. without precondition; fire line. August 22, 1994 CONGRESSIONAL RECORD-SENATE 23685 Mr. President, it is the people of indeed the world, in a dangerous posi But I do thank the Senator from Illi Kashmir who suffer. Their calls for tion. · nois, and I want to comment on mid self-determination have been brutally I urge all my colleagues to support night basketball. I have always been suppressed by India's border security this resolution so that 2 or 3 years one who said I thought that was a very forces. These human rights abuses have down the road, we are not faced with a good provision. Perhaps it was simply been well documented by international crisis whose cost in human and mate because you can see with my elon human rights organizations including rial resources would be enormous.• gated, emaciated form, it was a great Human Rights Watch and Amnesty part of my life, basketball. I came from International. a very close-knit, loving family. But I There are no democratic freedoms in ORDERS FOR TOMORROW was in plenty of trouble and basketball Kashmir. The political process has Ms. MOSELEY-BRAUN. Mr. Presi helped me, too, playing it at night in been suspended. Court decisions are dent, on behalf of the majority leader, vacant lots. When we built our own ove!i'ruled in the name of state secu I ask unanimous consent that when the home, we put a light on the basketball rity. Under India's Public Safety Act, Senate completes its business today, it court, and it was used into the early the border security forces have the stand in recess until 10 a.m. Tuesday, morning hours by most of the kids in ability to act at will without fear of August 23; that following the prayer, Cody, WY. So I know what that is. It is retribution or justice. This has led to a the Journal of proceedings be deemed a very important thing. I commend you. It is not a privileged thing in any record number of Kashmiris who have approved to date and the time for the beert tortured, and raped, or who die in way. two leaders reserved for their use later I think it is good that in the Block custody. In the past year, Amnesty in the day; that there be a period of International has dedicated two special Grant Program now if local govern morning business with Senators per ments wish to use those funds in that reports detailing these abuses. mitted to speak therein up to 5 min Mr. President, every day, a larger manner, they can. If it does not fit in utes each, not to extend beyond 10:30 other communities, they cannot. But I segment of the Kashmiri population be a.m.; that at 10:30 a.m. the Senate re comes alienated. Every day, more think you are to be commended for sume consideration of the conference your persistence on that, and it will be Kashmiri youths turn to violence. And report to accompany H.R. 3355 and that every day, those who advocate a peace a good thing. the Senate stand in recess between the Mr. President, I will take just a few ful negotiated settlement lose critical hours of 12:30 p.m. and 2:15 p.m. to ac support. moments. I just want to say I worked commodate the respective party con on this bill, I was on the conference. M:r. President, serious talks between ferences. the involved parties must be initiated. There has been sufficient improvement The PRESIDING OFFICER. Without but, in my mind, it is not yet a good The Moslem population of Kashmir objection, it is so ordered. has brganized an umbrella organization tough crime bill. It is still a spending consisting of 33 political parties. It is bill. The American people have been demanding a crime bill. They have called the All Parties [Hurriyat] Free ORDER OF PROCEDURE dom Conference. It was formed in Jan been looking to Congress to "do some uary 1993 to pursue a peaceful dialog Ms. MOSELEY-BRAUN. Mr. Presi thing" that will have an immediate witlJ. the Indian Government in order dent, I ask unanimous consent that the and recognizable impact on violent to find a resolution to this crisis. Senate stand in recess under the pre crime and want to see that impact now Tlie Government's response to this vious order at the conclusion of Sen and not later. This bill will not accom ator SIMPSON'S remarks. plish that result. development has been tragic. They When we passed the Senate bill, it have refused all dialog with the organi The PRESIDING OFFICER. Without objection, it is so ordered. was a $22.8 billion crime bill. That bill, zati6n and have beaten and imprisoned I think, had every potential of becom its leaders. ing a good, tough crime bill after con Tdday, messengers Abdul Gani Lone, VIOLENT CRIME CONTROL AND ference committee action and that, in Syed Ali Geelani, and Shabir Shah, all my view, is exactly why it passed the moderate leaders of the Hurriyat, are LAW ENFORCEMENT ACT OF 1994-CONFERENCE REPORT Senate by a vote of 95 to 4. I supported in jail. Lone and Geelani are both in it at the time. However, I think it is their sixties and in poor heal th. These The Senate continued with the con- also safe to say that so many of our men have been identified as prisoners sideration of the conference report. colleagues voted for that and did so in of conscience by Amnesty Inter Ms. MOSELEY-BRAUN. Mr. Presi the honest expectation that it would be national. Mr. President, I would like to dent, I yield the floor. improved in conference and that the commend my colleagues, Senator Mr. SIMPSON. Mr. President, my re levels of spending for social programs HELMS and Senator KENNEDY, for draw marks will not be long. would be substantially reduced, and ing attention to their plight and call I want to commend the Senator from that did not occur. ing for their immediate release. Illinois. I have come to know her as I In fact, Mr. President, the opposite Mr. President, the United Nations work with her on the Judiciary Com happened. In fact, the absurdly oppo can no longer be silent on this issue. If mittee. She is a very fine contributing site happened. From a bill of $22.8 bil not for the sake of the people of Kash member to the Senate Judiciary Com lion in the Senate, it went to the House mir, then for the sake of the stability mittee. I very much enjoy my activi and passed with a cost base in it of of South Asia and the United States in ties and work with her and enjoy her about $26 billion plus, and we went to terest in avoiding a further nuclear person and admire her ability to bring conference and came out with $33.5 bil buildup on the subcontinent. controversial issues to the floor and to lion, which was far above a target of ei Mr. President, as India seeks closer deal with them in a way which usually ther the House or the Senate. So it was economic relations with the United obtains a productive result. loaded up. Funding levels for the var States, we have not only the oppor I remember her work on the crime ious programs were increased by the tunity but the obligation to call on bill and especially a very controversial conference. India to stop the abuses of the security provision about handguns and youth. The legislation which the Senate is forces in Kashmir and to encourage a She had the courage to go forward with now considering is only a 10-percent re dialog among all parties to the dispute. that. We tried to save that in the con duction in the $33 billion spending pro The status quo that the United ference. I was a member of the con grams provided by the original con States has established holds grave con ference committee of the Senate, and ference committee bill. It is important sequences for the Kashmiri people. Left we all backed that here, but that was to note, of course, that the 10-percent unattended, the tensions will only in one of the several things that fell off reduction also extended to prisons and crease, placing the subcontinent and, the table. police programs, too. 23686 CONGRESSIONAL RECORD-SENATE August 22, 1994 So despite what the President said ferees had a convivial relationship allowing the court to order the depor and many of his loyal party members where we presented our amendments tation at the time of criminal sentenc have said, this is not about guns. This and voted them up or down without ing instead of requiring entirely new is about enacting tough crime legisla blatant partisanship. Whenever the mi deportation procedures after the alien tion which has a focus and establish its nority Republicans would present an had served his or her sentence. priorities. We Republicans want to amendment to the House conferees, A portion of one provision is deleted focus the spending on those priori ties there was simply a dismissive attitude, which results in allowing a criminal in a meaningful manner. an out-the-door-with-you, Charlie, we alien who has already been deported to The first priority should be police. are-through-here attitude. challenge the deportation order. We have always said that. A second pri That is not good, and that is what is These criminal aliens have already ority should be prisons. We need more slowly causing and has caused a tre had the opportunity to use the Federal facilities, and we need them now. That mendous disruption in the House of court appellate process to challenge is far more important in the eyes of Representatives. I think that is notice the original order of deportation. The many of us than additional "outreach" able to any American. expedited criminal aliens provision was or sensitivity programs. Yes, those It is a curious thing that the House substantially weakened in the con types of programs when and if they consists of a majority of people from ference report. both parties who talk continually First, the conference report deleted work are very important. But they are the language requiring the alien aggra a lower priority than the immediate about protecting minorities-minori vated felon to be detained until they need for more police and more prisons. ties of every single kind, every variety, were deported. Second, they made it We should stick to those priorities, Mr. every legal, every justifiable, every more difficult for the Government to President, and not dilute them with moral issue of the rights of the minor prove an alien convicted of aggravated passionate rhetoric or big buck grant ity. They come to the aid and comfort felony is deportable. And thirdly, the programs. of all types of minorities, of any, any, conference report allowed an alien ag I have been hearing a lot about this any definition except one, and that is gravated felon full judicial review of legislation from concerned Wyoming the Republican minority in the House the deportation order. By allowing ites. Most I heard from do not want of Representatives. How curious. court challenges by these criminal this bill. Working members of the Wyo So a concerned group of Republicans aliens, the "expeditious" nature of the ming law enforcement community tell saved the President's bacon after he process is a mockery and is under me they see no benefit to ''police pro railed and ranted about the Republican mined. grams" that require States to spend Party and the NRA after the defeat of So what we have again is one of those money they do not have just to get the rule many days ago. Those a're abu provisions where we give more due some short-term conditioned Federal sive tactics against the minority Re process to an illegal, deportable alien assistance. They see too many Federal publicans. Fortunately, they do not than we do to an American citizen. strings attached to all those Federal work in the Senate. Our rules prevent That is because of the work of the dollars which, of course, is the eternal it. And that is a good thing. But I "groups" in America, and they are truth and often unlearned here·. I have think the President certainly has indi very good at that. I always say to a hunch many other State law enforce cated in more moderate remarks re them, "Button your shirt. Your heart ment officers will feel the same way cently that, indeed, he owed a thank fell out." Nevertheless, that message once they scrutinize these programs you to the Republican Party. Indeed, has not been conveyed to them. and see what the Feds will be demand that is true. We have not been here act Finally, the conference report elimi ing from them. ing out of gridlock. We have assisted nated the special procedures for the re So, unfortunately, this is not good, him with many of his legislative en moval of alien terrorists. I do not know tough, smart crime legislation. There deavors-NAFTA, aid to Russia, many how, yet I was there. But they took it is still plenty of fat that ought to be other things-and we will continue to out. We will get it back in because I cut from this bill. We should substan do that. It certainly lessens him in the know that occupant of the chair and tially pare this bill down, and we eyes of the American people when sim myself and others will be working to do should continue to work toward a bet ply it becomes a defensive reaction some sensible things with legal and il ter product. without credibility or without truth to legal immigration in the United In only 10 days, $3 billion of unneces lash out against the Republican Party. States, and what we are going to do to sary and ineffective spending was cut I think that comes perhaps from being remove from our midst people who do from this bill. If we had another 10 a chief executive of a State where the not deserve to be here and who are here days, we could find another $3- to $10 Republican Party was apparently just illegally, and do that especially with billion to cut or at least redirect to kind of a wandering band out in the terrorists. proven programs which will make our wilderness, but that is not the way it is This provision would provide the streets safer immediately. here in this city. United States with a new tool to fight If we could enact legislation that I just want to say the conference re international terrorism perpetrated by aliens present in our country. would have an immediate impact on port did delete several sections and This special procedure could be used crime, Congress could then revisit substantially altered the expedited de where an alien poses an immediate these potential programs and their ef portation process for criminal aliens. threat of death or serious bodily harm fectiveness and costs of the "preven We here in the Senate thought that to either a substantial number of per tion" programs. However, "preven was a good move, that was a good bi sons, or an individual of political sig tion" should be our priority only after partisan provision. They deleted a pro nificance. we have added more police, prisons, vision which expanded the list of The conference report deleted a pro and prosecutors to the front lines of crimes which trigger expedited depor vision which would remove restrictions the war on crime. I will be voting tation procedures. Without this expan on Federal, State or local government against the conference report. sion, aliens convicted of some serious entities in communicating with the I have one other comment with re crimes will not be subject to these ex INS regarding the immigration status, gard to that, and then I shall conclude. pedited deportation procedures. legal or illegal, of aliens from the Sen I think it is very important to remem Another provision deleted was judi ate-no. ber, in this process in the House, the cial deportation which allowed only [Laughter.] Republican Party was of great assist Federal trial courts to issue an order of That is a Freudian slip of all time. ance to the President of the United deportation during the sentencing Certainly I was accused of being a States. It is a curious thing to watch phase of the trial of an alien convicted space alien-along with 11 of my col the conference committee operate, es of an aggravated felony. The section leagues. And that bore strict scrutiny. pecially in the House. The Senate con- streamlined the deportation process by But without that Freudian slip- August 22, 1994 CONGRESSIONAL RECORD-SENATE 23687 The Senate passed the similar provi every occasion when some State is ask NOMINATIONS sion 93 to 6 and State and local govern ing for support from the Federal Gov ments too often contribute to their ernment I will be adding an amend Executive nominations received by own immigration problems. ment which has already passed on each the Senate August 22, 1994: Several major cities have adopted and every occasion which says then, if RAILROAD RETIREMENT BOARD these practices of noncooperation with you do that, you will communicate MARTIN JAY DICKMAN. OF ILLINOIS TO BE INSPECTOR the INS, and what has happened? It with the INS. You cannot have it both GENERAL, RAILROAD RETIREMENT BOARD, VICE WIL happened during the sanctuary move ways. LIAM J. DOYLE ill. None of those provisions survived the ment where they said we are not going AMTRAK to cooperate with the INS. We will not conference, even though they are im portant tools to remove criminal CELESTE PINTO MCLAIN, OF CALIFORNIA, TO BE A tell you who is in our community. I MEMBER OF THE AMTRAK BOARD OF DIRECTORS FOR think it was never a rational thing. aliens, alien tariffs, and illegal aliens. THE REMAINDER OF THE TERM EXPIRING MARCH 20, 1995. But it came up through the sanctuary For those and various other reasons, VICE CARL W. VOGT. I will not support the conference re CELESTE PINTO MCLAIN, OF CALIFORNIA, TO BE A movement. It has no bearing now what MEMBER OF THE AMTRAK BOARD OF DIRECTORS FOR A soever, especially when we have our port. TERM OF 4 YEARS. (REAPPOINTMENT.) I thank the Chair, and realize the colleagues from border States and lateness of the hour. I appreciate the IN THE COAST GUARD heavily affected States saying help us. accommodation. THE FOLLOWING REGULAR OFFICERS OF THE U.S. The Federal Government should pay COAST GUARD FOR PROMOTION TO THE GRADE OF REAR for this. We are being overrun. ADMIRAL: There is one way you guarantee to RECESS UNTIL TOMORROW AT 10 GORDON G. PICHE PAUL M. BLAYNEY get overrun. You pass an ordinance A.M. THE FOLLOWING REGULAR OFFICERS OF THE U.S . that says you cannot communicate to COAST GUARD FOR PROMOTION TO THE GRADE OF REAR The PRESIDING OFFICER. Under ADMIRAL CLOWER HALF): the municipal authorities or the State the previous unanimous consent agree authorities or with authorities from FRED L. AMES THOMAS H. COLLINS ment, the Senate will stand in recess RICHARD M. LARRABEE ill ERNEST R. RIUTTA the INS to tell people about people who until the hour of 10 o'clock in the JOHN T . TOZZI are illegal in the community. It is ab morning, Tuesday, August 23. solutely absurd. Thereupon, the Senate, at 7:16 p.m., DEPARTMENT OF DEFENSE You will note that as we deal with recessed until tomorrow, Tuesday, Au FREDERICK F .Y. PANG, OF HAWAII, TO BE AN ASSIST ANT SECRETARY OF DEFENSE, VICE CHAS. W. FREEMAN. this issue in the future that each and gust 23, 1994, at 10 a.m.
