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Congressional Record—Senate S8862 S8862 CONGRESSIONAL RECORD — SENATE September 16, 2008 other legal opinion setting forth the authori- is unable to consider the possibility of legis- safety initiatives that help keep families, tative legal interpretation is provided;’’; lative change or clarification. neighborhoods, schools, and businesses safe (III) in clause (ii), as so redesignated, by For this reason, after the hearing we from crime; and striking ‘‘subsection (a)(1)(C)(i)’’ and insert- worked closely with Senate staff as well as Whereas the week of October 2, 2008, ing ‘‘subsection (a)(1)(D)(i)’’; and with a group of other former executive through October 4, 2008, is an appropriate (IV) in clause (iii), as so redesignated, by branch officials and Office of Legal Counsel week to designate as ‘‘Celebrate Safe Com- striking ‘‘subsection (a)(1)(C)(ii)’’ and insert- lawyers to help draft ‘‘The OLC Reporting munities’’ week: Now, therefore, be it ing ‘‘subsection (a)(1)(D)(ii)’’; and Act of 2008.’’ The resulting bill text was the Resolved, That the Senate— (E) in paragraph (4), as so redesignated, by product of careful consideration and negotia- (1) designates the week of October 2, 2008, striking ‘‘subsection (a)(1)(C)(i)’’ and insert- tion. The bill mandates reporting in a care- through October 4, 2008, as ‘‘Celebrate Safe ing ‘‘subsection (a)(1)(D)(i)’’; and fully defined category of cases and includes Communities’’ week; (4) in subsection (e)— appropriate provisions to protect national (2) commends the efforts of the thousands (A) by striking ‘‘(but only with respect to security and privileged information. All in of local law enforcement agencies and their the promulgation of any unclassified Execu- all, we believe it strikes a sensible and con- countless community partners who are edu- tive order or similar memorandum or stitutionally sound balance between the ex- cating and engaging residents of all ages in order)’’; and ecutive branch’s need to have access to can- the fight against crime; (B) by inserting ‘‘issues an authoritative did legal advice, to protect national security (3) asks communities across the country to interpretation described in subsection information, and to avoid being overbur- consider how the Celebrate Safe Commu- (a)(1)(C),’’ after ‘‘policy described in sub- dened by unduly intrusive reporting require- nities initiative can help them highlight section (a)(1)(A),’’. ments and the legislative branch’s need to local successes in the fight against crime; know the manner in which its laws are inter- and SEPTEMBER 15, 2008. preted. We both endorse the bill as intro- (4) encourages the National Sheriffs’ Asso- Hon. PATRICK LEAHY, duced and urge its prompt enactment. ciation and the National Crime Prevention Chairman, Senate Committee on the Judiciary, Sincerely, Council to continue to promote, during Cele- U.S. Senate, Washington DC. BRAD BERENSON, brate Safe Communities week and year- Hon. ARLEN SPECTER, Sidley Austin. round, individual and collective action in U.S. Senate, DAWN JOHNSEN, collaboration with law enforcement and Washington DC. Indiana University other supporting local agencies to reduce DEAR CHAIRMAN LEAHY AND SENATOR SPEC- School of Law. crime and build safer communities through- TER: We write to convey our strong support f out the United States. for ‘‘The OLC Reporting Act of 2008,’’ to be introduced by Senator Feingold and Senator SUBMITTED RESOLUTIONS f Feinstein. We respectfully urge the com- mittee to give the bill prompt and serious SENATE CONCURRENT RESOLU- consideration, because we believe that the SENATE RESOLUTION 662—RAISING TION 99—HONORING THE UNIVER- addition of the reporting requirement it THE AWARENESS OF THE NEED SITY OF NEBRASKA AT OMAHA would create would have the effect of en- FOR CRIME PREVENTION IN FOR ITS 100 YEARS OF COMMIT- hancing democratic accountability and the COMMUNITIES ACROSS THE MENT TO HIGHER EDUCATION. rule of law. We both had the privilege to testify before COUNTRY AND DESIGNATING Mr. HAGEL submitted the following Senators Feingold and Brownback, and the THE WEEK OF OCTOBER 2, 2008, concurrent resolution; which was re- Subcommittee on the Constitution of the THROUGH OCTOBER 4, 2008, AS ferred to the Committee on Health, Senate Committee on the Judiciary, on April ‘‘CELEBRATE SAFE COMMU- Education, Labor, and Pensions: 30, 2008 in a hearing that examined ‘‘Secret NITIES’’ WEEK S. CON. RES. 99 Law and the Threat to Democratic and Ac- countable Government.’’ We served in dif- Mr. BIDEN (for himself, Mrs. CLIN- Whereas local leaders in the Omaha area ferent administrations, Brad Berenson as As- TON, Mr. KERRY, Ms. MIKULSKI, and Ms. formed a corporation known as the Univer- sociate Counsel to President George W. Bush STABENOW) submitted the following sity of Omaha on October 8, 1908, for the pro- and Dawn Johnsen as Acting Assistant At- resolution; which was referred to the motion of sound learning and education; Whereas, on September 14, 1909, the first 26 torney General for the Office of Legal Coun- Committee on the Judiciary: sel (OLC) under President Clinton. During University of Omaha students gathered in S. RES. 662 our testimony, we found ourselves in sub- Redick Hall, located west of 24th and Pratt stantial agreement about the desirability for Whereas communities across the country Streets in the city of Omaha; new legislation that would require reporting face localized increases in violence and other Whereas, during the first 10 years of exist- to Congress regarding a limited category of crime; ence, the key division of the University of OLC legal opinions. Whereas local law enforcement and com- Omaha was Liberal Arts College, designed to As a general matter, we share a deep con- munity partnerships are an effective tool for produce a well-rounded and informed stu- cern about safeguarding the legitimate need preventing crime and addressing the fear of dent; for confidentiality in the legal advice OLC crime; Whereas, in 1910, the University of Ne- provides to the President and others in the Whereas the National Sheriffs’ Association braska announced it would accept all Univer- executive branch, by power delegated by the (NSA) and the National Crime Prevention sity of Omaha coursework as equivalent to Attorney General. For example, in some in- Council (NCPC) are leading national re- its own, a milestone in terms of recognition stances national security information must sources that provide community safety and for the new institution and acknowledge- be protected. In other instances, such as crime prevention tools tested and valued by ment of its substantial and respected cur- where OLC advises that a proposed action local law enforcement agencies and commu- riculum; would be illegal, and that advice is accepted, nities nationwide; Whereas, in December 1916, the University the prospect of immediate and routine dis- Whereas the NSA and the NCPC have of Omaha students had a farewell party for closure could deter executive branch officials joined together to create the ‘‘Celebrate Safe Redick Hall and moved into their new build- from seeking advice in the first place. Communities’’ initiative in partnership with ing, a 3-story, 30-classroom building named We agree, however, that Congress has a le- the Bureau of Justice Assistance, Office of Joslyn Hall; gitimate legislative interest in receiving Justice Programs, Department of Justice; Whereas, in 1929, the University of Omaha broader notice than current law provides Whereas Celebrate Safe Communities will board of trustees and the people of Omaha with respect to certain categories of OLC be launched the 1st week of October 2008 to voted to create the new Municipal Univer- opinions, which can generally be described as help kick off recognition of October as Crime sity of Omaha to replace the old University those in which OLC relies on constitu- Prevention Month; of Omaha on May 30, 1930; tionally based interpretive doctrines to in- Whereas Celebrate Safe Communities is de- Whereas, in 1936, the Municipal University terpret a law in a way that might come as a signed to help local communities highlight of Omaha acquired 20 acres of land north of surprise to Congress. These include the doc- the importance of residents and law enforce- Elmwood Park and south of West Dodge trine of ‘‘constitutional avoidance,’’ as well ment working together to keep communities Street, which would become the site of the as implied repeals or modifications and cer- safe places to live, learn, work, and play; present-day campus; tain presumptions against applying statutes Whereas Celebrate Safe Communities will Whereas the University dedicated its beau- to the executive branch officials. In our enhance the public awareness of vital crime tiful Georgian-style administration building view, OLC opinions that place substantial re- prevention and safety messages and moti- in November 1938, capable of accommodating liance on such doctrines present the greatest vate Americans of all ages to learn what a student body of 1,000; potential for overreaching by the executive they can do to stay safe from crime; Whereas the increased enrollment of World branch and thus the greatest need for notifi- Whereas Celebrate Safe Communities will War II veterans in 1945 due to the Mont- cation to Congress. If Congress does not help promote year-round support for locally gomery GI Bill led to the completion of sev- know about these interpretations, Congress based and law enforcement-led community eral new buildings, including a field house, VerDate Mar 15 2010 22:10 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2008SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY.
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