December 7, 1995 CONGRESSIONAL RECORD — SENATE S18127 ‘‘He had a hand or influence on every law- In addition to his wife and son, survivors had the great privilege of knowing him yer in the state for 35 years,’’ said Thomas include four other children: James, Los An- and benefiting from his special min- Barnett, executive director of the South Da- geles; Marguerite Moreland, Littleton, Colo.; istry. kota Bar Association in Pierre. Elizabeth Squyer, Sioux Falls; and Robert, His daily prayers and his words of Sahr, 71, who was serving as secretary- Boulder, Colo. treasury of the State Bar Association, died Services, for Sahr, begin at 11 a.m. Thurs- greeting, whenever we met, were most Monday, Dec. 4, 1995, at his home, due to day in Sts. Peter and Paul Catholic Church comforting. History should record that lung cancer. in Pierre, with burial in Riverside Cemetery. as a result of his guidance, many unfor- ‘‘He had a history of over 30 years in Bar Visitation will be from 3 to 9 p.m. Wednes- tunate adversarial crises were success- leadership,’’ said Barnett. ‘‘I was fortunate day in the Feigum Funeral Home in Pierre. fully averted in the Senate. I believe he to work with him through most of my ca- Prayer service begins at 7:30 p.m. Wednesday succeeded to helping maintain the Sen- reer.’’ in the funeral home. During his career, Sahr, through the Bar ate on a even keel. The family requests that expressions of We will miss him. I will miss him. Association, established the nation’s first sympathy take the form of donations to the prepaid continuing legal education; he spear- Countryside Hospice of Pierre or to the f headed legislative approval for passage of South Dakota Law School Foundation. CONCLUSION OF MORNING funding for a new University of South Da- kota Law School; and worked for improve- f BUSINESS ment of judicial compensation. THE BAD DEBT BOXSCORE The PRESIDING OFFICER. Morning He also introduced the first bill for a state business is closed. employee retirement system. ‘‘This was a Mr. HELMS. Mr. President, almost 4 biggie for the state,’’ said Sahr’s son, Dan of years ago I commenced these daily re- f Sioux Falls. ‘‘Before that there was nothing ports to the Senate to make a matter DEPARTMENTS OF COMMERCE, for state employees.’’ of record the exact Federal debt as of JUSTICE, AND STATE, THE JUDI- Barnett said, ‘‘He worked to serve the peo- CIARY, AND RELATED AGENCIES ple of South Dakota. He was instrumental in the close of business the previous day. lobbying pieces that helped everybody.’’ As of the close of business Wednes- APPROPRIATIONS ACT, 1996—CON- Beresford attorney Robert ‘‘Bob’’ Frieberg day, December 6, the Federal debt FERENCE REPORT acknowledged Sahr’s contribution to the stood at exactly $4,988,640,469,699.34. On The PRESIDING OFFICER. Under state. a per capita basis, every man, woman, the previous order, the Senate will now ‘‘His influence shaped the Bar, judiciary and child in America owes $18,936.97 as proceed to the consideration of the and modern legal system in South Dakota,’’ his or her share of the Federal debt. he said. ‘‘His was the biggest influence of a conference report accompanying H.R. single person.’’ f 2076. Frieberg said that Sahr was committed to The clerk will report. improve the legal system whenever he could. FLAG PROTECTION The legislative clerk read as follows: Although he didn’t know for sure, Frieberg CONSTITUTIONAL AMENDMENT The committee on conference on the dis- believed that Sahr had a sense that he had Mr. SHELBY. Mr. President, I agreeing votes of the two Houses on the an obligation to leave the world better than strongly support Senate Joint Resolu- amendment of the Senate to the bill (H.R. he found it. 2076) making appropriations for the Depart- ‘‘He was just a neat guy,’’ he said. ‘‘One of tion 31, which amends the Constitution ment of Commerce, Justice, and State, the a kind. I’m gonna miss him.’’ to protect the flag of the United States With a tear sliding down his face, Frieberg from those who would desecrate it. Judiciary, and related agencies for the fiscal added, ‘‘He was a great friend.’’ year ending September 30, 1996, and for other The American flag is a national sym- purposes, having met, after full and free con- Sahr’s legal career began in 1957, when he bol of the values this country was opened a law practice in Pierre. He served for ference, have agreed to recommend and do two terms as the Hughes County States At- founded on. Many Americans have recommend to their respective Houses this torney, from 1958 to 1962. He then served two fought and died to defend these values report, signed by a majority of the conferees. terms in the South Dakota House of Rep- and this country. It is an insult to The PRESIDING OFFICER. Without resentatives, from 1962 to 1967. He was elect- these patriots, their relatives, and all objection, the Senate will proceed to ed in 1961 as secretary-treasurer of the state other citizens who hold this country the consideration of the conference re- Bar. He retired on July 31, 1989, from his po- dear, to burn or desecrate the symbol port. sition as executive director of the Bar Asso- of our Nation and our freedom. (The conference report is printed in ciation, after 28 years with the organization. I certainly support the right of all William Karcher Sahr was born July 21, the House proceedings of the RECORD of 1924, in Pierre. He attended Pierre Public citizens to freedom of speech, but that December 1, 1995.) School and was graduated from Lake Forest right has never been absolute in our Mr. GREGG addressed the Chair. Academy, Lake Forest, Ill., in 1942. country. That is why there are laws The PRESIDING OFFICER. The Sen- He served in the Army from 1943 to 1946, against libel, slander, perjury, and ob- ator from New Hampshire. during World War II. He served in the Battle scenity. Similarly, our freedom of po- Mr. GREGG. Mr. President, it is my of the Bulge. He received the European litical expression is also limited. No pleasure to proceed today with the con- Medal with four Battle Stars. In 1954, he graduated from Northwestern one can legally deface the Supreme ference report on the Commerce-State- University in Evanston, Ill., and from its law Court building or the Washington Justice appropriations. school in 1957. Monument, no matter how much he or This legislation comes forward after He married Carla Aplan in 1953. she might wish to protest a particular a considerable amount of activity and, From 1973 to 1978, he was a member of the government policy or law. The Amer- obviously, some ups and downs on the Pierre Board of Education. He also served on ican flag, deserves special protection road to passage. It is, however, I be- the St. Mary’s Hospital Law Advisory Board, under the Constitution. It simply is president of the Pierre Carnegie Library lieve, an excellent piece of legislation Board for 19 years, and on the Pierre City not necessary to commit an act of vio- in light of the hand which has been Board of Adjustment for 10 years. lence against this flag to register pro- dealt. Clearly, in an attempt to balance He was a member of the Pierre Area Cham- test against the Government. Passage this budget, we have had to make some ber of Commerce, American Legion, VFW, of Senate Joint Resolution 31 will help significant reductions in this account the Elks Club, Sts. Peter and Paul Catholic ensure our national symbol receives overall in order to meet our goal of a Church, the American Bar Association, the the respect and protection it deserves. balanced budget within 7 years. The Jackrabbit Bar Association, and the Na- Again, Mr. President, I offer my tional Association of Bar Executives. numbers which were assigned to us by He received a Recognition Award from the strong support for Senate Joint Reso- the Budget Committee and then allo- University of South Dakota Law School in lution 31 and I urge my colleagues to cated to us by the Appropriations Com- 1982, the Appreciation Award from the South support it as well. mittee put us to the test in the area of Dakota Trial Lawyers Association, and the f trying to reach this goal. But I believe McKusick Award from the USD School of we have reached it in a very positive Law in 1987. REV. RICHARD C. HALVERSON and responsible way. ‘‘He was proud of this,’’ Dan Sahr said, of his father receiving the McKusick Award. Mr. INOUYE. Mr. President, our The essential thrust of this bill is to The award recognizes an outstanding mem- former Senate Chaplin, the Reverend make sure that we adequately fund the ber of the South Dakota legal community for Dr. Richard Halverson, will be sorely activities of our criminal justice sys- contributions to the profession. missed, especially by those of us who tem and to make sure that we have

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18128 CONGRESSIONAL RECORD — SENATE December 7, 1995 adequate moneys and make available So, overall, this is a bill which ac- and, after the funds were terminated, to the States adequate funds to under- complishes our major goals, the first in our opinion, would have been less. take an aggressive posture relative to goal being to live up to our obligations In addition, we feel strongly in struc- trying to control the spread of violence to balance the budget and, therefore, turing the use of the violent crime and crime in our Nation. make the difficult decisions which re- trust fund significant dollars should be As a result, we have committed a sig- quire reducing of funding and, in the put into one-time items so that we are nificant increase in dollars to the De- area of the Department of Commerce, not creating programmatic events partment of Justice, approximately a move toward basically its elimination. which we become responsible for at the 19.2-percent increase over the 1995 At the same time that we are moving end of the violent crime trust fund’s level. That increase in funding in the toward a balanced budget, we have period of existence, and thus we have Department of Justice has come in the made a very strong and aggressive encouraged things like one-time items context of an overall reduction in fund- commitment to the Department of Jus- that would encourage prison construc- ing for the bill generally of approxi- tice and to crime fighting. tion and activities such as that where mately $756 million. On that specific area, I think it is im- we think we can help out the States as Thus, in order to accomplish that, we portant to note that one of the issues they go forward with their attempts to obviously had to take some funds from of the debate is the manner in which improve their criminal justice systems some of the other agencies. We have we pursue these crime-fighting initia- but not end up signing on to a program significantly reduced the funding, for tives. We have proposed in this bill where we become liable for the States’ example, in the area of the Department that a large amount of the violent responsibilities as far as the eye can of Commerce and in the area of the crime trust fund will be sent back to see. State Department. In making those de- the States in the form of a block grant In addition, we have strongly sup- cisions to reduce funds in those two which will emphasize and encourage ported, for example, some of the initia- areas, I believe we have done it in a the use of those funds for the addition tives which have traditionally been very constructive way. We have in the of police officers on the streets but will built up under the criminal justice sys- State Department, for example, fully not require that those funds be used for tem and which we think are important funded, to the best of our ability any- the addition of police officers on the such as the Violence Against Women way, the activities of the operations of streets. Act which receives a sixfold increase the State Department. We made sure This is a departure from what the ad- over the 1995 funding level and which that the salary cap accounts and the ministration position was or what they we think is a very appropriate initia- construction accounts and the day-to- desired. The administration, of course, tive. day functions of the State Department has taken great pride in its proposal This is a quick outline. As we move are funded in a manner which they feel which created cops on the beat and forward this afternoon in discussing they can accept. their theory, and we respect that. But this bill further, we will get into more We have not, on the other hand, we happen to feel that a much more specifics, but at this time I would like made a major commitment to the U.N. logical way to approach this is to say to yield to my ranking member and funding. We have funded the inter- to the local policing authority to get colleague, whose knowledge and his- national organizations efforts and what they need. Do you need police of- tory of this legislation far exceeds any- peacekeeping efforts, but we have kept ficers on the street, or do you need the thing I will ever obtain, and whose sup- the funding levels at a very low, or at ability to communicate with your po- port and thoughtful advice and guid- least conservative, number, because we lice officers on the beat, or do you need ance I greatly appreciated during the feel that is an appropriate decision. the ability to make sure that your po- process of putting this bill together, From my standpoint, I would rather be lice officers on the beat have adequate for whom I always had a great deal of fighting crime in the United States and equipment in order to defend them- respect, having gotten to know him spending money on that than nec- selves? when he was in New Hampshire on oc- essarily funding international organi- We think it is much more appro- casion a few years ago, but that respect zations and peacekeeping at the United priate to leave the decision as to has only grown exponentially as a re- Nations. whether or not the funds should be sult of my having had a chance to work In the area of the Commerce Depart- used for the creation of additional po- with him in this committee. ment, we have also made some very dif- lice on the street or whether it should The PRESIDING OFFICER (Mr. ficult decisions, but in the process, I be used in order to make the police ASHCROFT). The Senator from South think they are constructive decisions. who are on the street more effective in Carolina. We have, for example, funded very ag- their job up to the local law enforce- Mr. HOLLINGS. Mr. President, I will gressively NOAA, which does very ment agencies who are on the front yield to my colleague first I think for strong, effective research in the area of lines and who have a much higher level his unanimous-consent request. Has the unanimous-consent request protecting the oceans, which are crit- of awareness of what is needed. We also felt that the President’s pro- already been made? ical assets of not only our Nation but The PRESIDING OFFICER. I do not posal had some fundamental flaws. The the world. At the same time we have, believe so. however, cut the overall funding for basic one was that the way it was Mr. GREGG. Is the President aware the Department of Commerce by ap- structured most of the communities of the unanimous consent relative to proximately 14 percent below what it which would have added police officers time limitations? was funded at last year. So we have would find that at the end of 4 years Mr. HOLLINGS. I believe it is 2 hours gone 14 percent below a freeze for the they would have to have picked up the to the distinguished Senator from New Department of Commerce. In order to whole cost of that police officer’s sal- Hampshire, 2 hours for this Senator on accomplish that, we have had to reduce ary. We think that in the end, rather this side, 2 hours for the distinguished funding in a number of accounts, obvi- than encouraging more police officers Senator from Delaware [Mr. BIDEN], ously, within the Department of Com- on the street, it would end up with ap- and 20 minutes for the distinguished merce. But I think the decisions for proximately the same number of police Senator from Arkansas [Mr. BUMPERS]. those reductions have been thoughtful officers on the street and that the The PRESIDING OFFICER. It was and appropriate. number that has been thrown out by apparently agreed to earlier. We are Again, with the Small Business Ad- the administration is an extreme exag- operating under that agreement. ministration, we have reduced the geration of the numbers of new officers Mr. GREGG. In that case I reserve funding of the Small Business Adminis- who might actually end up on the the remainder of my time. tration by a considerable amount. But street, the number the administration Mr. HOLLINGS. Let me thank the I believe we have given them still the talks about being somewhere around distinguished Senator from New Hamp- capacity to go forward and participate 100,000, when in actuality the number shire. in the process of funding initiatives to they proposed would have been some- Mr. President, right to the point, the assist in the creation of jobs effec- where in the vicinity of 20,000 during distinguished Senator from New Hamp- tively. the periods the funds were available shire is not just a quick study but a

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18129 quick excellent study. A year ago, per- pressed everyone associated with the and operates our weather satellites and haps a little more, he was not on the bill and has done an outstanding job. it is for the oceans what NASA is to subcommittee involved in all of these Mr. President, when I signed this space. In past years our CJS bill in- hearings. The bill presently presented conference report I wrote ‘‘with res- crease NOAA just as we have increased by the distinguished Senator and con- ervations’’ under my name. And, I will Justice. ference report was not worked upon by discuss these reservations, these prob- But in this agreement, NOAA is pro- him until it got into conference, and lems I have with this agreement short- vided $1.853 billion—$59 million below a yet within conference—I emphasized ly. But, I would like to first make a freeze, and $244 million less than the the quick study—the Senator from New few comments about what I do support President’s budget request. The good Hampshire approached it in a brilliant in this conference report. news is that it could have been worse. and thorough fashion—I might add, in LAW ENFORCEMENT Thanks to efforts by Members like our an almost Mansfield-like fashion. I re- First, it continues to bolster our law distinguished chairman, Senator HAT- member the distinguished majority enforcement agencies and the Federal FIELD, this agreement provides NOAA leader, Senator Mansfield. When you Judiciary. Justice Department pro- with a level that is $79 million over asked him a question, he said, ‘‘Yup’’ grams are significantly increased. Here what the House crowd would have pro- and ‘‘Nope.’’ When I asked for things to are some examples: vided and only $13 million less than the try to get in this bill, the distinguished U.S. attorneys are provided $926 mil- Senate-passed bill. Senator from New Hampshire said, lion, an increase of $73 million over fis- So, like NOAA, many of these other ‘‘Nope.’’ I learned that this out- cal year 1995. That’s an additional 450 agencies are not doing well, but they standing Yankee is of a singular mind, U.S. attorney positions. are surviving. My colleagues need to be and he knows how to make a decision, The Federal Bureau of Prisons re- put on notice now, however, that there which is unusual in Washington. ceives $2.9 billion, an increase of $306 are going to be reductions in force, of- I really respect and admire the way million over this year. This funding fice closures, and contract termi- he has gone about this in a very, very supports construction of new Federal nations. SBA is going to close offices thorough fashion. I emphasize that be- prisons and additional operating funds and there are going to be significant cause I am not in a position on final to open prisons that are coming on reductions in force in Commerce and in vote to support the measure for various line. It provides funding to deal with independent agencies. You cannot pro- misgivings. I made that clear. But in quelling the unrest that has recently vide these levels of funding without making that clear, I wish to make it occurred in our Federal prisons. such impacts. equally clear that we have been in a The Immigration and Naturalization Mr. President, it is my hope that we sort of cooperative manner trying to Service is provided $2.557 billion, an in- can debate this bill quickly and get it reconcile differences. That is the Gov- crease of $487 million above the current down to the White House. President ernment itself, the art of compromise. year. And, within this account to en- Clinton has stated that he will veto it And realistically, there are many sure that funds go to where the Con- and I must concur with his position. things in the bill, in the conference re- gress intends, we have earmarked ap- There are several areas that are unac- port that the distinguished chairman, propriations that support the Border ceptable to both the President and Senator GREGG, perhaps would not Patrol. most Members on this side of the aisle. have included or some things that he Finally, Judge Freeh and the FBI are I will briefly mention several. wished had been included. That is the provided $2.505 billion, an increase of COPS ON THE BEAT same with this particular Senator. We $224 million. The conferees have fo- First, this bill terminates the Cops have the House side to satisfy as well cused our efforts on rebuilding the on the Beat Program and the Drug as the Senate side and we have worked FBI’s infrastructure. So included are: Court Program. It seeks to rewrite the diligently, at least the distinguished funds to get the NCIC 2000 crime data 1994 crime bill and provide funds in- chairman has worked diligently with base up and operating; $30 million for stead to Governors and mayors for a staffs on both sides and with this par- renovations to the FBI training acad- block grant program. This isn’t a ticular Senator, and I am grateful for emy at Quantico, VA; and $57 million money issue; the funds are available in his leadership. for the first phase of a new FBI foren- a separate account under the violent Mr. President, the conference agree- sic facility to be located at Fort crime trust fund. So, what this is about ment before us provides $27.3 billion for Belvoir, VA. We all saw the importance is politics, and I might add pretty programs and agencies funded in the of DNA evidence and the importance of dumb politics at that. Commerce, Justice, State, and the ju- validating such evidence beyond any I will put a more complete statement diciary appropriations bill. Of this doubt during the recent Simpson-Gold- regarding the COPS Program in the amount, almost $4 billion is for appro- man murder trial. The FBI laboratory RECORD. But, let me summarize my po- priations from the violent crime reduc- needs to be modernized and enhanced sition. tion trust fund. For regular discre- so Federal prosecutors and FBI evi- First, the COPS Program is focused tionary appropriations this agreement dence are not successfully challenged and well managed. In just 2 years it has provides $22.656 billion. This amount is as was the case in the O.J. trial. gotten 26 thousand additional police $3.753 billion below the President’s Violence against women grants are out on the streets across America. budget request, and $759 million below funded at $175 million, the President’s Second, the COPS Program has a the level available in fiscal year 1995. I request. This is $149 million above this component that is targeted to small, would note, however, that it represents year and $50 million above the House rural communities. It deals with sher- an increase of $212 million above the bill. iffs and small town police chiefs di- level in the Senate-passed bill. For agencies other than Justice and rectly. Across South Carolina you can Before discussing the conference re- the judiciary, it is really a question of survey the most conservative, Repub- port, I would like to note that this bill bad news-good news. The bad news is lican law enforcement officials and is being managed by our new sub- that almost no other agency received they will tell you that the Cops on the committee chairman, Senator JUDD appropriations above the current fiscal Beat Program is the best thing the GREGG of New Hampshire. He took over year. Getting up to a freeze was a Federal Government has ever done. this subcommittee in October fol- major accomplishment. But the good Third, there is no education in the lowing Senate passage of H.R. 2076. So news is that most other agencies have second kick of a mule. Sometimes I he was tasked with shepherding a bill survived at a funding level that enables would appreciate it if Speaker NEWT through conference that he did not them to continue to operate, albeit at GINGRICH and the House crowd realized draft. I will tell you he is a quick study a reduced level. Take the National Oce- that experience and institutional mem- and he has mastered this bill as quick- anic and Atmospheric Administration, ory are not necessarily bad. We already ly as anyone I have ever seen. And, I or NOAA, probably the most popular had a local law enforcement block think it is fair to say that this is the agency in this bill. NOAA is our Na- grant in the Federal Government. It most diverse and most complicated of tion’s principal environmental sciences was called the Law Enforcement As- the 13 appropriations bills. He has im- agency. It is the agency that procures sistance Administration, or LEAA. I

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18130 CONGRESSIONAL RECORD — SENATE December 7, 1995 was here when we created it and when panels. Neither the President, the Sec- Tourism is big business and should we had to kill it because of waste. May- retary of Commerce, nor any Senator not be given short shrift. It employs 6 ors were buying tanks and corporate has the ability to influence which com- million Americans and is the leading jets. Jimmy Carter came up to Wash- panies receive ATP awards. This pro- employer in 13 States. South Carolina ington after seeing LEAA waste at the gram is run fully on the basis of merit. is one of those States and we have al- State level and said ‘‘kill this turkey.’’ Now, just meeting prior year com- most 200,000 people employed in some So for over $8 billion we got nothing to mitments—that is to fund the Federal aspect of the industry. This year we ex- show for LEAA except we let Federal share of awards made before this year, pect over 700,000 international visitors funds be wasted, while for $1.3 billion requires appropriations totaling $290 in my State. we already have gotten 26,000 police million. Again, I’m afraid this aspect of I think this conference has made a through COPS. the conference report is about politics big mistake. Fourth, Bill Clinton is right. The war and not substance. This is about the LEGAL SERVICES on crime is being fought principally at former Democratic Party Chairman With respect to Legal Services, the the local level and police are our foot David Wilhelm making a comment conference agreement provides $278 soldiers, our marines, sailors, and air- something to the effect that ‘‘Cali- million instead of $340 million as pro- men. I’ve heard all this mumbo jumbo fornia is the end all and be all of poli- posed by the Senate. I think Senator tics and Ron Brown has the program.’’ about local flexibility. The last time I PETE DOMENICI deserves a lot of credit Yes, the fact is that many ATP awards checked, 10 out of 10 people who call for having led the fight to save the do go to California companies, and the police for help are calling for a po- Legal Services Corporation, when Sen- Massachusetts companies and Pennsyl- lice officer. There just isn’t a better ator GRAMM proposed terminating the vania companies. It shouldn’t take a use of this crime bill trust fund than to Corporation. And, Senator DOMENICI NIST PhD to realize that ATP awards hire more police officers. I don’t want was in charge of our negotiations with are going to go predominantly to parts to see this money raided by Governors the House. I think he would be the first of the country that have concentra- and local elected officials, I want it to to say that when this bill goes to round go directly to sheriffs and police chiefs tions of high-technology industry. This is exactly the type of program two, Legal Services is an area we need as is the case now. to get more funding for. Support for police always has been a we should be funding if we are going to compete effectively in the trade war, Finally, I think it is obvious that the solid, bipartisan value. I would urge amounts provided for international or- my Republican colleagues not to be- now that the cold war is over. Our Re- publican colleagues have shown that ganizations and U.N. peacekeeping are come antipolice simply because Presi- far below the level the President con- dent Clinton supports this program. they do support many Federal tech- nology programs, including NASA aer- siders adequate. This is not a heart- you attacked the President in March burn area for me, for years I have criti- 1993 because he proposed more money onautics, high-performance computing, and cooperative research and develop- cized U.N. peacekeeping as ineffective. for community development block It often seems in areas like Somalia grants, and for days we listened to you ment agreements. They recognize that developing new precompetitive tech- and Bosnia, that United States forces list every wasteful project that could are needed to rescue U.N. peacekeepers. potentially be funded through block nologies is important to the long-term future of our country. This has been The program just doesn’t make sense. grants because of local flexibility. I the case in other appropriations bills. But, I think it is clear that inter- urge you to get your staff to pull out So why oppose what is clearly one of national organizations and peace- the CONGRESSIONAL RECORD and to the best-run Federal technology pro- keeping will need higher funding levels reread your own words. And I would grams, one that is never porked, and if the President is going to ultimately urge you reread your statements re- one that already is leading to some sign this bill. garding the crime bill. The distin- major technical breakthroughs? Repub- In summary, I want to acknowledge guished chairman of the Judiciary lican support for technology programs the hard work of Chairman GREGG and Committee, among others, talked generally makes their decision regard- Mr. ROGERS and their staffs. I espe- about the importance of getting 100,000 ing the ATP all the more regrettable cially want to recognize the contribu- more cops. and mistaken. tions of David Taylor, Scott Corwin, The President will veto over the The President realizes the impor- and Vas Alexopoulos, of the majority COPS Program alone. I support him. It tance of ATP and that is exactly why staff. is my hope that this program and the the absence of ATP funding is another This represents the first CJS con- Drug Court Program will be restored reason for him to veto this conference ference reports that I cannot support. I during round two of this bill after the report. Even if my Republican col- hope that the chairman will realize veto. I know Senator BIDEN will have leagues will not agree to fund new ATP that this is because of decisions that more to say about this issue. grants, it would only seem fair that were made by his leadership. Prin- COMMERCE PROGRAMS they fulfill past years commitments cipally the termination of the Cops on Second, this conference agreement made by the Federal Government. the Beat Program and the ATP. I sim- terminates the Commerce Depart- Third, though this is not a veto issue, ply cannot support those decisions. ment’s Advanced Technology Program I strongly disagree with the conferees It is my hope that this bill will be [ATP]. It does not even provide funds decision to terminate the U.S. Travel sent to the President expeditiously. I for the Federal Government to make and Tourism Administration [USTTA]. fully expect that it will be vetoed. I be- good on its prior year commitments to I argued against the House position lieve that this will be only the second industry under ATP cooperative agree- and for the Senate position which re- time in history that a CJS appropria- ments. When we completed the fiscal flected the amendment that Senators tions bill has been vetoed. year 1995 appropriations bill, we pro- BRYAN and BURNS had made to the bill Then hopefully we could get on with vided $431 million for the ATP. In this in September. Unfortunately, my col- round two and providing a bill that is bill there is no funding. leagues in the conference did not see acceptable to the President and one The ATP provides funds for coopera- the issue as I do. that can be enacted into law. tive agreements with industry to share USTTA costs only $17 million a year Mr. President, let me go to the Com- the risk, on a 50-50 share basis for high- and provides a lot of bang for the buck. merce Department itself because over risk, precompetitive technologies that Almost every other country maintains on the House side, a colloquy was had have potential for significant economic a tourism promotion program, and so yesterday, I guess, upon the enactment growth. What we are doing in this pro- should we. I created USTTA. It is sim- of this bill where statements were gram is providing the necessary R&D ply too inefficient having every State made with respect to abolishing the that enables entrepreneurs and small in this country running its own tour- Department of Commerce. companies to be able to take an R&D ism promotion effort overseas. And, in There is a reference within the con- project from concept to proof of prin- Greg Farmer, we have the most effec- ference report itself on page 30, section ciple. It is a fully competitive program tive director of USTTA that we have 206—where the language could be envi- and every award is made by peer review ever had. sioned as preparatory to abolishing the

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18131 Department—starting off with ‘‘should I have listened to their leadership But politics prevails around this town. legislation be enacted.’’ That was a again and again saying, well, under the And that is why it is there. compromise on the word ‘‘should,’’ be- Congress we are concentrating or, That makes me come right to the cause I did not want anything antici- namely, we do not want to bother the point of emphasizing the significance patory. When first presented, it was leadership unless we can get capital of the Department. I could do it by way ‘‘when legislation is enacted.’’ gains tax cuts. of comparison. You can go right under There has been no authorization for We do not have any capital gains to this particular bill and you will find a the dismantlement or abolition of the cut, unless we can get deregulation. So measure, Mr. President, that never ex- department itself. Yes, three times on we will not bother about the Depart- isted until the year before last, just a the House floor they have voted for ment of Commerce because we do not couple years here in over the 200-some- just exactly that—to the shock of this think any Government in its right year history of this great Nation of particular Senator—for the simple rea- mind is going to do away with the ours. But we have had a Department of son that if you go to the Constitution front line of the struggle in the global Commerce, or commercial effort, let us itself, article I, section 8, in enumer- competition for economic strength and say—Teddy Roosevelt started it at the ating the powers and authority and re- influence. That is what it has turned turn of the century. But we have had sponsibilities of the national Congress, into with the fall of the wall. that designated responsibility and ad- article I, section 8, first says that you We have moved where the world hering and responding thereto. But can levy and collect taxes. could care less about the 7th Fleet and here now we have what we call the Vio- The second designated authority and the atom bomb. Money talks. Eco- lent Crime Reduction Trust Fund. That responsibility would be to borrow nomic power, influences. We are find- is $3,956,000,000. The Department of money. Heavens above, we know how ing that out in our foreign policy. And Commerce is $3,444,000,000. If you abol- to do that around here. We are going to the Department is charged, if you ish the entire Department on all these borrow $348 billion to keep the Govern- please, along with the State Depart- endeavors, you have not saved what ment going while we are talking about ment, to be more or less the front line this Congress just year before last balanced budgets. That is sheerly out of defense now, rather than the Pen- started out anew. of the whole cloth. tagon, to get into the matter of dump- That is why everybody talks about The media have to be fast asleep on ing cases, the International Trade Ad- ‘‘cut spending, cut spending, cut spend- this particular point. I think it was ministration, the Bureau of Export Ad- ing.’’ But they are increasing it. And Thomas Jefferson who said that as be- ministration. we cannot get it through the public tween a free Government and a free Everyone is talking about exports, mind. They run on ‘‘cutting spending,’’ press, he would choose the latter. That exports. You can go right on down the but when they get here they continue is understandable because, yes, you can list of these important, particular to spend more, and more than the have a free Government that will not measures in that global competition of whole Department, an endeavor that remain free long except with a free patent and trademark. That is a mat- has been in since the Constitution. press. The free press owes the people, ter of issue, all of these trade meas- But let me go right to NOAA, be- the body politic, the duty to expose ures, and the argument of using the cause I was at an occasion here this nonsense, particularly the nonsense OMB and CBO, the gross domestic past weekend, and a former Sec- that is going on here of a balanced product, that Bureau of Economic retary—I said, ‘‘I understand that you budget. There is no plan in the head- Analysis, the Census of Manufacturers. said we ought to abolish the Depart- line in the morning’s paper to balance All this work is being done in a very ment of Commerce.’’ He said, ‘‘Well, if anybody’s, particularly this Govern- casual fashion. But they say get rid of we could blow up NOAA and get rid of ment’s, budget. it all. it, that would do the job.’’ The poor If you look at the innards of the plan, We could go right on down with the gentleman does not understand at all you will find out that rather than cut- Census Bureau, the National Institutes the institution of the National Oceanic ting spending, spending increases this of Standards and Technology, the Eco- and Atmospheric Administration. And year; and that the measure is $53 bil- nomic Development Administration, since I was participatory in its institu- lion over last year. Starting off with the Minority Business Development tion, let me refer immediately to the the deficit, you are going with in- Agency, the U.S. Tourism and Travel Stratton Commission report, ‘‘Our Na- creased spending each year and in- Administration—all of that is under a tion and the Sea.’’ It has several vol- creased spending over the revenues very, very aggressive and productive umes. each year, which adds $1.8 trillion to Secretary of Commerce. The former Secretary stated that he the national debt. And yet the media, I have been through some that have had talked to an oil friend of his, and press and otherwise, fall into the leth- not been aggressive except to collect the oil friend said that we could easily argy of parroting what the pollster money. Invariably the Secretary of contract out for all those things being politicians parrot—that if you say it Commerce has been appointed from done by NOAA. The truth of the matter again and again and again, buzzwords, time to time to dun the business lead- is, the oil industry was very, very buzz headlines, ‘‘balance,’’ ‘‘balance,’’ ership for the money to run for reelec- much a participant. James A. that it will be balanced. But it is far tion. On the contrary, this particular Crutchfield was a professor of econom- from being balanced, Mr. President. Secretary has been traveling and work- ics. We had Jacob Blaustein of the And so it is that, yes, duty No. 2 is to ing and moving and shaking, creating Standard Oil Co., who served on this. borrow money. And we respond gener- jobs, a historic first in my 29 years on We had not only in the Stratton Com- ously. the Commerce Committee. mission the deans of schools of ocean- Duty No. 3 in the Constitution is to I think that it was the former chair- ography, but we had the industry itself, regulate commerce. I point this out be- man of the Democratic Party who was General Electric. We had the Environ- cause you will not find that word ‘‘ag- responding to the former Senator from mental Science Services Administra- riculture’’ or ‘‘housing’’ or ‘‘education’’ Wyoming, Senator Wallop when he tion. We had the Under Secretary of or ‘‘energy’’ in the U.S. Constitution. pointed out that Secretary of Com- the Navy. When the contract crowd came to merce Brown had been out in Cali- It was a most auspicious group for a town, they were going to get rid of all fornia. In his response, he said Cali- 2-year study with the Stratton Com- of them, the Department of Housing, fornia was ‘‘the end all, be all, of Presi- mission report that said what we the Department of Energy, the Depart- dential politics’’ and that the Sec- should do is organize the Sea Grant ment of Education, right on through. retary of Commerce, Ron Brown, was Program, the Bureau of the Fisheries End the Department of Commerce. The going to run it. And that is how we ran and bring all of these particular en- one on the griddle now is the Depart- right straight into a wall with respect deavors—the Weather Service and, ment of Commerce. Why? Because the to everything about that department. more particularly, the Environmental selfish business leadership wants de- And that is why it persists today in Science Services Administration— regulation and more money, capital this particular measure as perhaps to bring those in under one particular en- gains. be abolished. A horrendous thought. tity because 70 percent of the Earth’s

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18132 CONGRESSIONAL RECORD — SENATE December 7, 1995 surface is in the oceans. That is the be- not treat casually a fundamental en- deavors in the United States. But to ginning of weather, beginning of the deavor in the U.S. Government at this get symbols or trophies or get rid of environment, beginning of all the sci- particular time. something, they just pell-mell said, entific studies, and what have you. I was going to emphasize some of the ‘‘Let’s get rid of the U.S. Travel and While everybody was enthused about things with respect to Export Adminis- Tourism Administration.’’ It is a bad, the space effort, more importantly we tration and the Census Bureau. There bad mistake to try. should be orchestrating, organizing and is an ongoing effort to abolish the Eco- Otherwise, the Advanced Technology emphasizing the oceans effort. We have nomic Development Administration. Program is easily explained with re- been doing that for some 20 years be- That has been recommended for about spect to our competition in the global fore any NOAA in what we called the 15 years, and we have to withstand the economy. Everyone should read ‘‘Blind- Environmental Science Services Ad- onslaught there, because it is a sort of side’’ by Eamonn Fingleton on Japan ministration in Commerce, the Uni- ‘‘but if’’ endeavor that brings about de- and how it is operated by the Ministry form Coast and Geodetic Oceans Core velopment at the local level that eco- of Finance and all industry has the at that particular time. nomically has proven its worth. Repub- Government directing its research. We All that was blended into a very licans and Democrats, both sides of the give a minimal kind of research and de- good, aggressive endeavor that sort of aisle, oppose that. velopment tax writeoff. It should be withered on the vine. I saw it happen I just want to say a word about the made permanent and greater, but, in because a Senator from an inland State U.S. Travel and Tourism Administra- any event, we need a national effort to that never saw the ocean took over the tion. stay on top of the U.S. technological Commerce Committee. He did away Before I get off of the Economic De- lead. with the Subcommittee of Oceans and velopment Administration, inciden- We do not prevail in national defense Atmosphere that we had within the tally, we had the Defense Conversion by manpower. The Chinese, the Soviets committee. And otherwise, at least fi- Act which assigned some $90 million to have always had more men than we nancially, we have gone downhill. the Economic Development Adminis- have had, but we have always main- The Coastal Zone Management Act tration. I guess we will get into the tained as a superpower by the superi- took 3 years of hearings and has really Economic Development Administra- ority of our technology. The same is responded to the Stratton Commission tion’s responsibility relative to defense going to be true in this, I just call it report, such that by the year 2000, we conversion when we talk about the Ad- bluntly, trade war, economic struggle are going to have 85 percent of all vanced Technology Program and when for development the world round. Americans living within 50 miles of the we talk about other measures. And so we—I say we, Senator Dan- oceans or the coast of the Great Lakes. Let me say a word about the U.S. forth and myself—really studied it to And we had to plan with respect to Travel and Tourism Administration. I make sure it was not pork. It was not where the industry was going, where never will forget the campaign of 1960 included in an appropriations bill the recreational systems were going, when President Kennedy was nomi- where you cannot find it. On the con- where the power systems were going, nated, and I happened to be, at that trary, the industry itself must come where the fisheries were going, where time, in conversation with the Presi- with an application and 50 percent of the urban sprawl was going, and every- dent-designate. He said, ‘‘I’m going to the money in hand. Thereupon, it is re- thing else, while at that particular appoint your friend, Luther Hodges, as viewed by the National Academy of En- time they had a gentleman, John part of the Cabinet.’’ gineering and, on peer review, the Ehrlichman on President Nixon’s staff, I said, ‘‘Mr. President, look, Luther award is made, not by the Secretary of who was looking for a land use measure is not a politician politician, he is a Commerce politically or the White and opposing, incidentally, this par- businessman politician.’’ He had been House over a telephone call by the ticular institution of NOAA because he president of Marshall Fields in the tex- President, but on a competitive basis, wanted his land use. tile division, the New York City Ro- on a peer-review basis and, therefore, it The Attorney General and President tary Club and otherwise. He had come has maintained its integrity. Nixon got together with Dr. Stratton, down to South Carolina, led the South I have really stonewalled efforts on and by reorganization plan No. 4 in in economic and industrial develop- the House side as chairman and now as 1970, put forth a very responsive and re- ment, changing over from an agricul- ranking member of this particular sub- sponsible entity in the National Oce- tural economy. And he said, ‘‘Well, committee that we were not going to anic and Atmospheric Administration. good, I will put him in as Secretary of write in any of those particular pro- We need a restudy, a return, so to Commerce.’’ grams in our bills. We were not going speak, of the Stratton committee re- And thereafter Secretary of Com- to have pork, and it was done ex- port and many of us in the ocean policy merce Hodges came and said, ‘‘Well, tremely well. study believe that should be done. you got me this thing, what can I do?’’ There have been some 276 awards But in restrictive budgets right now, I said, ‘‘Well, tourism is a fledgling made. I remember when the textile in- we have sort of held back. You do not industry now, but it is beginning and dustry of my own State came and blow up the endeavors of the National going and growing and we really need asked for support on a research endeav- Oceanic and Atmospheric Administra- national coordination.’’ There is not or, and I want to make this record so tion and thereby solve the problems, as any question that the States them- they will all look at it closely. They they see them, of the Department of selves—some of the bigger interests of came before the National Academy of Commerce. You do not disassemble and what I am speaking of, Senators BRYAN Engineering and could not qualify for assign Census over here and some other and REID from Nevada, even Senator the Advanced Technology Program, so Bureau officials back over here and PRESSLER from South Dakota, the they went over to the Department of break it up because somebody is trying chairman of our committee. When they Energy, got money and they got a $350 to get rid of the Government. And if we have a trade show in downtown Cairo, million research endeavor at Liver- cannot sell buildings—and I do not there is no reason for 50 States to show more Laboratory out in California know the building in the contract they them how to cook an American bar- under the Department of Energy where were supposed to sell—they say we becue. They all try. We wanted to co- it could not qualify in the Department have to get rid of Departments. We ordinate that and, from time to time, of Commerce. I know that intimately could not get rid of Education, we pick different ones and have a nation- because of the genesis of the program could not get rid of Housing but we ally coordinated effort and direction. and my position on the particular com- have to get rid of Commerce, they say. So it was and investment of $17 mil- mittee. On the Senate side, they did not even lion. Secretary Hodges instituted the So we have been very cautious. When want to debate it. They put it off at the U.S. Travel and Tourism Administra- you get rid of the Advanced Tech- time because the so-called authoriza- tion. It now is worth $7 billion to the nology Program, which I think would tion was coming up. This Senator is economy, is the largest industry in my be one reason the White House has in- ready to debate it at greater length State and in many, many other States, dicated a veto, everyone should under- when that measure arises, but we do and ranks right at the top of all en- stand why. Very minimal effort, but

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18133 very, very important effort being made that ‘‘We Republicans are more for tacts there. Get rid of him. They do not there. crime control than Democrats are.’’ like it, so get rid of Legal Services. It Let me move, Mr. President, if you The Democrats have the policemen on is the same thing in these big cities, please, to the Cops on the Beat because the beat program. There is nothing with landlord-tenant problems. They I have not spoken at length, and the wrong with that, but ‘‘we want to put never fix the pipes that freeze over, and distinguished chairman of the Judici- in our crime about the contract.’’ they are trying to get water and every- ary Committee, who has led the pro- Nonsense. But that is what we have thing else in there, and heat for the gram itself, the institution of it, the to go through with—it is not author- children. Throw them out on the street Senator from Delaware, Senator BIDEN, ized—and try to change the entire pro- and, surely, do not give them a lawyer. will be. He has a couple of hours re- gram around, where again, the local Come on. We know there is opposi- served. Members of his committee will law enforcement has to come with 25 tion to Legal Services. But, fortu- be speaking on that point. But, yes, I percent of the money. And after 3 nately, on the Republican side we have have an experience with respect to years, they are going to have to take it the leadership of the former chairman block grants. over. We have 26,000 cops on the beat. of the subcommittee, PETE DOMENICI of First, block grants are not author- I have been in law enforcement. For New Mexico, and he led the fight. I am ized. Senator GREGG and I, when we 4 years, I was the chief law enforce- sorry we did not get enough money. met, we did not have that much of a ment officer in my State. I know it in- The chairman of our subcommittee stonewalling on different programs be- timately. I can tell you that this is a tried, and I tried, but we could not get cause they were not authorized, but we wonderful endeavor that is working, any more. It is inadequate. We are have experienced it in other con- nonpartisan-like. All these law en- looking at a veto on the second go- ferences. The House Members, adhering forcement officers and entities all en- around. This is going to be a subject to their authorizing committees, say dorse these block grants. But it is like for concern and perhaps increase, hope- we agree with you, we want that done, delivering lettuce by way of a rabbit. fully, because it is a tried and true pro- it cannot be in the conference report. By the time the police chief sees where gram. We put the language in. I agreed It is not authorized. I have heard that his money is, yes, he might buy an with the former chairman, the Senator for years on end—for 18 years, as either extra radio, or get a consultant, or he from Texas, Senator GRAMM, that we ranking member or chairman of this might never get talked to. He will should not use money to sue the State particular subcommittee on appropria- never see an additional officer on the of New Hampshire. tions. This is not authorized. When it beat. So we have done that. Let us not I have watched these things every came up, the discussion on the Senate waste time and money on cops on the time you have these crowds that come side for authorization, they passed that beat. around and want to grab the poor peo- over. They did not want to debate that There is another endeavor I should ple’s money and bring a mass action one. It is not authorized, not on the Ju- emphasize in the opening statement, and go to the Supreme Court, and the diciary Committee, and everything and that is the Legal Services Adminis- lawyers sit around and eat it all up. else. So here, trying to write in, you tration, and that I have had experience They have enough money, those chari- could raise a point of order under the there. There have been those all the table legal defense funds, and every- rules, but we are not trying to waste way back when it was first instituted, thing else. Leave our Legal Services time. back years ago, when Legal Services— Corporation alone and do not sue the We ought to be home for Christmas I will never forget I had to work with Governor or the legislature. That is for right now. Something is wrong with Senator Javits of New York on this poor folks, not rich folks sitting this crowd. They do not understand life one, and we had to enumerate the du- around in Washington with their think itself. They want to start meetings at ties of domestic cases, landlord cases, tanks. 6 o’clock. They must not have a home employment cases, and otherwise, be- Senator GRAMM was correct, and I to go to. At 6 o’clock, everybody else is cause we found that in going and send- went along with him. I think that when home trying to get supper and go to ing money back to the Legal Services we come on the second go-around, we bed and see the children, or otherwise. Corporation, they were hiring the dem- are going to have to really beef up the But not this group. They think, for onstrators to come up here on the Cap- Legal Services Corporation. There is a some political reason, we ought to stay itol steps and call the Congress a bunch tremendous need now in our country, around and show that we are working of bums on account of Vietnam. So we and we should not be cutting it back or hard late at night. But we are not pay- thought it was not quite smart to be fi- trying to abolish it. ing the bills or getting anything done. nancing our own opposition, and it cer- Finally, I will soon terminate and try They have not authorized block grants tainly was not the intent; it was to get to retain my time for others. Mr. Presi- with respect to this one. money in the hands of poor folks, who dent, we have the State Department Now, they did under President Nixon. should get their day in court and could that is the front line with that Com- They called it the Law Enforcement not because they did not have any merce Department. With the fall of the Assistance Administration, or some- money. wall, we ought to be extending democ- thing, LEAA. We gave up the block It was really started by the American racy, freedom, and human rights to the grants. And I will never forget when Bar Association when our friend, Jus- world around with our Department of President Carter came to town. He tice Lewis Powell, was then a prac- State. They finally are falling in line said, ‘‘Kill this turkey.’’ It was an em- ticing attorney and President of the on a business basis. barrassment. They were putting tanks American Bar. In one endeavor to try You had the diplomats in years gone on the courthouse lawn in Hampton, to get rid of it, we brought Justice by where they were annoyed with VA. I do not know who was going to at- Powell over, and they realized the au- American industry and business trying tack the courthouse. They were buying thority and the thought and the re- to get business in a foreign land. Now, airplanes to fly to New York to buy sponsibility of the endeavor that they under Secretary Christopher and under spring clothes for the Governor’s wife, more or less abandoned the idea of get- Secretary Brown, they are working in and they were giving out consultants. ting rid of Legal Services. But farmers tandem, because they have to if we are It was a good little political pork pot, do not like the poor migrant worker— going to survive. They are working in where you could get anybody as a con- who may be cheated out of his money tandem, trying to open doors now by sultant. There were consultants all and who has to move on and cannot business leadership so they can com- over everything. We spent $8 billion take care of his family and everything pete. and we got nothing. We have done this. else—getting a lawyer. So the farm We need these embassies around. There is no education in the second crowd—I know them, I have them in They are trying to close down Edin- kick of a mule. There is no use trying my State—do not like that migrant burgh, Scotland. Bad mistake. They to go through this one because some- worker. They can cheat him, run him are trying to close down Florence, body put it in the contract. The only off, do not give him housing, or any- Italy. The educational institutes of reason it is in the contract is they are thing else. He does not know anybody this land—they have some 10,000 Amer- trying to get on top of the message in your community or have any con- ican students there. There are various

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18134 CONGRESSIONAL RECORD — SENATE December 7, 1995 cases and visa matters and everything ing, but it should be done in the right shown a clear desire for additional police to else coming back. Close it down and places. work hand-in-hand with communities to run it through Rome, you will spend I could go right to the point of the fight crime. The block grant approach would more money, sell the property and lose International Trade Commission. Why not guarantee a single new officer. COPS is a proven success and should be maintained it. have a jury find the fault of a dumping as a separate discretionary program. The So we have tried our best, yes, to violation and then have a different jury COPS program has reinvented Federal grant close those that are not needed, open find the actual sentence or injury? In making, putting grant monies into the hands up the new ones in the 14 Republics of fact, there are a bunch of sycophants of local agencies on an expedited basis. A the former Soviet Union, but more that are fixes for ‘‘yack-yack’’ free block grant program cannot accomplish than anything else, strengthen our trade. There is no such thing, but every what the current program has done. consular service and cut out all the De- time we find a dumping violation they The President would not sign any version partments of Government, keeping can never find an injury. We can save of this appropriations bill that does not fund the COPS program in its authorized form. their endeavors upon the Department $43 million getting rid of that crowd, Similarly, the bill fails to ensure funding of State. let the same entity, namely, the Inter- for important crime prevention activities, Specifically, there is no reason—go national Trade Administration—be most notably so-called ‘‘drug courts,’’ the down to Caracas, Venezuela; they want like the jury in a case that finds the Community Relations Service, and the the FAA to have something go down guilt also decides the sentence. You do President’s Crime Prevention Council. In ad- there, and then the head of the FAA not waste time and have another bu- dition, there are reductions below the re- has a reason to go and travel to South reaucracy reexamining. quest for the President’s immigration initia- America. The IRS would like to come tive. The Administration urges the Congress There are many places that we can to support increased funding for these vital in and they would like to have offices go along with the spirit of the revolu- programs, as well as the continuation of the around in foreign lands, and then the tion in the Contract, but this is not one Associate Attorney General’s Office. hierarchy of IRS can get in a plane and of them, where you want to abolish the The prison grants ‘‘Truth in Sentencing’’ they can travel around. Department of Commerce. provisions of the bill would disproportion- Now, we have the FBI, which I think I reserve the balance of my time. ately and unfairly benefit a small number of is a mistake, because you have the Mr. GREGG. I suggest the absence of States, deprive some States of any funds, CIA, and the FBI is going to be arrest- a quorum. I ask unanimous consent and harm many States—including some with ing CIA agents. You watch it. We have very strong sentencing policies. In addition, that the time be charged equally to the provisions would generate delay in the always tried to keep that division with both sides. awards of much needed prison grant funds respect to intelligence. With respect to The PRESIDING OFFICER. Without for all States. law enforcement, do not ever put your objection, it is so ordered. TECHNOLOGY PROGRAMS OF THE DEPARTMENT law enforcement in another man’s The clerk will call the roll. OF COMMERCE country. It is ineffective. It is a mis- The assistant legislative clerk pro- The Administration urges the Congress to take. But they are now endeavoring to ceeded to call the roll. support the technology programs of the De- put FBI around there. Mr. GREGG. I ask unanimous con- partment of Commerce that work to expand They ought to put them down on 14th sent that the order for the quorum call our economy, help Americans compete in the Street in this city. We do not have be rescinded. global marketplace, and create high quality enough law enforcement. That is why The PRESIDING OFFICER. Without jobs. The conference level would eliminate we have the Cops-on-the-Beat Program. objection, it is so ordered. funding for the Advanced Technology Pro- Mr. HOLLINGS. Mr. President, I ask gram (ATP) and prohibit new awards, which We have enough crime in America, is unacceptable to the Administration. ATP much less chasing it around in the var- unanimous consent a statement of ad- is a highly competitive, cost-shared program ious lands. ministration policy on this particular that fosters technology development, pro- But they like to travel. When they bill be printed in the RECORD. motes industrial alliances, and creates jobs. do, the poor Ambassador is the land- There being no objection, the mate- Eliminating ATP funding would force waste- lord, and he looks around and he has rial was ordered to be printed in the ful cancellation of ongoing research projects more and more and more people as- RECORD, as follows: before they are complete. The ATP program was created with bipartisan support, which signed to him and half of his budget is STATEMENT OF ADMINISTRATION POLICY it continues to deserve. already gone; there is a housekeeper in H.R. 2076—COMMERCE, JUSTICE, AND STATE, THE The bill also would sharply reduce funding the embassy and he cannot get his JUDICIARY, AND RELATED AGENCIES APPRO- for the National Information Infrastructure work done. PRIATIONS BILL, FY 1996 (NII) grants program. The NII program as- Mr. President, I hope we can cut back (Sponsors: Livingston (R), Louisiana; Rog- sists hospitals, schools, libraries, and local on some of that that is going around. If ers (R), Kentucky; Hatfield (R), Oregon; governments in procuring advanced commu- we want to try and help the State De- Gregg (R) New Hampshire) nications equipment to provide better health partment, we ought to embellish their This Statement of Administration Policy care, education, and local government serv- effort. We ought to acknowledge very provides the Administration’s views on H.R. ices. The conference level would eliminate 2076, the Department of Commerce, Justice, funding for the GLOBE program, which pro- genuinely, Senator GREGG, the chair- and State, the Judiciary, and Related Agen- motes knowledge of science and the environ- man, Mr. ROGERS, and their staffs on cies Appropriations Bill, FY 1996, as ap- ment in our schools. The Administration is the other side. It goes without saying proved by the Conference Committee. Your also concerned about reductions below the Scott Gudes on my side, I could not op- consideration of the Administration’s views request for the Manufacturing Extension erate without him, and we have David would be appreciated. program. Taylor, Scott Corwin, Lula Edwards, The Administration strongly opposes sev- The Administration is concerned with the and Vas Alexopolous on the majority eral aspects of the Conference Report. For funding levels provided for the Technology the reasons discussed more fully below, the staff. So we look forward to a very Administration to fulfill the U.S. Commit- President would veto the bill if it were pre- ment for the U.S.-Israeli Science and Tech- compatible working together on this sented to him in its current form. nology Commission and to maintain valu- particular measure. The bill would provide insufficient funds to able technology analysis and advocacy work It has 128 entities in it. You have the support the important activities covered by at a time of increasingly fierce global com- special Trade Representative, you have this bill. It would undermine our ability to petition. The Administration seeks addi- the Arms Control and Disarmament fight the war on crime and to support inter- tional funding for economic and statistical Agency. They could really spend the national organizations and peacekeeping ac- analysis and for the Census Bureau. In addi- day talking about what we have done, tivities; decimate technology programs that tion, we are concerned about the level of are critical to building a strong U.S. econ- how we cut back on the money. We funding for the Economic Development Ad- omy; and cripple our ability to provide legal ministration Defense Conversion program. have cut back; it is far less. This is $1.5 services for disadvantaged individuals. LEGAL SERVICES CORPORATION billion less than what the President of PROGRAMS TO FIGHT CRIME the United States asked for. We have The Administration is greatly concerned The bill would eliminate the COPS pro- with the conference funding level for the been in step with the ‘‘seam,’’ so to gram and, instead, fund a law enforcement Legal Services Corporation (LSC), which speak, of the revolution with the cut in block grant program that would allow spend- would cripple the ability of the Corporation spending. The distinguished chairman ing on anything from street lights to public to serve people in need, and urges the Con- and I both believe we should cut spend- works projects. The American public has gress to restore funding for the Corporation.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18135 The Administration does not support the ex- work in consulting and actively co- the President’s request for peace- cessive restrictions on LSC operations con- operating with the authorizers of the keeping operations by $220 million; tained in language provisions in the Con- Senate Foreign Relations Committee. third, it cuts the State Department ference Report. The restrictions imposed on Now, Senator GREGG served on the salaries and expenses spending by $50 the representation of clients unduly limited their access to the justice system. An alloca- Foreign Affairs Committee before ac- million; and, fourth, the President does tion of $9 million for management and ad- cepting his current responsibilities on not like it because it reduces the State ministration is essential to permit Corpora- the Appropriations Committee. I have Department’s foreign building spending tion management to meet its statutory re- to say to him, we miss the distin- by $36 million, including a $60 million sponsibilities, which include for the first guished Senator from New Hampshire rescission. The fact is, this conference time the awarding of grants on a competitive on the Foreign Affairs Committee, but report requires the administration to basis. we are grateful, as a member of the cut spending, and that is what the INTERNATIONAL PROGRAMS Senate Appropriations, he remains a President does not like. That is what The Conference Report includes a 50-per- strong and steadfast advocate for the the whole argument has been about all cent reduction to Contributions to Inter- concern of the American people relat- along. I wish it could also force the national Peacekeeping Activities and a 24- ing to foreign policy. President to reduce the size of the Fed- percent reduction to Contributions to Inter- While the CJS conference report does national Organizations, which fund the trea- eral bureaucracy, but we can work on ty-obligated U.S. share of activities of the not contain everything that I wanted, that later. United Nations, International Atomic En- it is consistent with the thrust of S. However, as a practical matter, Sen- ergy Agency, NATO, and others. These ac- 908, the State Department reauthoriza- ator GREGG’s initiatives to reduce tivities support important U.S. national se- tion bill. A great many of us have funding levels in this bill will require curity and foreign policy interests including, worked hard to craft the legislation to the administration to restructure its among others, the Middle East (including prepare the Department of State for Israel’s borders and Kuwait/Iraq), weapons efforts so as to meet reduced funding the challenges of the future. levels. H.R. 2076 is approximately $500 nonproliferation and safeguards activities, I confess, from time to time, Mr. sanctions against international renegade million below the authorization levels countries, promotion of an open inter- President, I have been discouraged that of the Senate Foreign Relations bill. national trading framework, control of dis- the administration and many of our At a time when the Federal Govern- eases such as Ebola viruses, and promotion colleagues on the other side have delib- ment is approaching the $5 trillion of human rights. These reductions would im- erately blocked every effort to permit Federal debt mark, the work of Sen- pair the ability of the U.S. to carry out and the Senate even to debate and vote on ators, like Senator GREGG and Senator safeguard important U.S. interests around this important reorganization legisla- the world. Also, without restoration of fund- HOLLINGS and others, is most encour- tion. aging. ing for these accounts, the Administration I have been encouraged by recent would be severely hindered in the pursuit of events that we may finally see a Sen- At my request, and I am so grateful much needed reforms at the organizations. to him, Senator GREGG included a 4- In addition, other international affairs pro- ate vote on a State Department au- thorization bill, perhaps as early as year extension of the Au Pair Program. grams of the Department of State, the Arms There is a similar provision in S. 908, Control and Disarmament Agency, and the this evening or tomorrow. United States Information Agency, are re- We shall see about that. The actions the State Department reorganization duced to levels that would hinder the execu- of the CJS appropriators have been in- bill. The Au Pair Program expired on tion of important national security and for- strumental in causing the administra- September 30, and that has caused eign policy activities. Finally, the Adminis- tion to recognize that the issue of reor- great hardship among many working tration regrets the inclusion of extraneous ganization and consolidation is not parents. Senator GREGG agreed to in- language in the bill related to the presence clude the extension of the program in of U.S. Government facilities in Vietnam. going to go away. I am very appreciative of the actions the appropriations bill, since Au Pair OTHER ISSUES of Senator GREGG and Senator HOL- enjoys wide support. The Administration objects to section 103, LINGS and others to stipulate that this So, in summation, I come here to which would prohibit the use of funds in the act for performing abortions, with certain appropriations conference report thank the two managers of the bill. My exceptions. waives authorization only until April 1, friend, Senator GREGG, has particularly In addition to the issues discussed above, 1996. Now, this key provision will re- been helpful, working with me. He has the Administration would like to work with quire the administration and the Con- made some very wise and reasonable the Congress to address the other concerns gress to act on an authorization bill for decisions in this bill. I congratulate that were outlined in the conferees letter of 1996. him. I congratulate Senator HOLLINGS, November 6, 1995. Without an authorization bill, the and I urge our colleagues to support Clearly, this bill does not reflect the prior- authority to spend appropriated funds the CJS conference report. ities of the President or the values of the American people. The Administration urges for the State Department and other re- Mr. President, if I have time remain- the Congress to send the President an appro- lated agencies will expire on the first ing, I yield it back and I thank the priations bill for these important priorities of April next year. Senator. that truly serves the American people. Now, as I mentioned earlier, the issue Mr. GREGG. Mr. President, I thank Mr. GREGG. I yield 10 minutes to the of reorganization and consolidation of the Senator from North Carolina for Senator from North Carolina. the foreign policy apparatus of the his generous remarks. His assistance Mr. HELMS. I certainly appreciate United States is not going away. Every and guidance and thoughts on this bill being yielded to by the distinguished day that the administration refuses to were extraordinarily helpful to me. Ob- Senator from New Hampshire. I thank plan for the future, the State Depart- viously, coming to this bill at a late the Chair. ment is going to pay a price for it. date, it was very nice to have the Actually, I came to the floor at this I hope that we can move the author- chairman of the Foreign Relations moment to pay my respects to Chair- ization bill into conference to provide Committee there to give me his man GREGG, who is our distinguished the administration with the authority thoughts and help us in crafting the colleague from New Hampshire, for his and the flexibility needed for a success- bill. I very much appreciate that. having brought the Commerce, Justice, ful restructuring of its operations. If State appropriations conference report President Clinton does not find this At this point, I will suggest the ab- to the floor. I know he enjoys working legislation acceptable, he will provide sence of a quorum—— with our distinguished friend from the Senate with yet another oppor- Mr. HOLLINGS. If the Senator will South Carolina who has been here 29 tunity to revisit the consolidation withhold just a minute, the Senator years and who is still the junior Sen- issue on this appropriations bill. from North Carolina, the chairman of ator from North Carolina, but FRITZ In any event, it is my understanding our Foreign Relations Committee—let HOLLINGS is a wonderful friend, as well. that the administration opposes this me say publicly, which I have told col- Both Chairman GREGG and Chairman conference report because, first, it pro- leagues along the line, the initiative of GRAMM, who recently inherited the vides $223 million less for international our distinguished chairman of the For- CJS issues, have done outstanding operations spending; second, it reduces eign Relations Committee to blend in

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18136 CONGRESSIONAL RECORD — SENATE December 7, 1995 the U.S. Agency for International De- perfect, this legislation nevertheless the Violence Against Women Act, leg- velopment Program, the U.S. Informa- represents an honest effort to achieve a islation that I worked on with Senator tion Agency, the Arms Control Disar- fiscally responsible Federal budget. BIDEN to get passed last year. As most mament Agency, and the other par- Of course, there are programs that I of my colleagues are aware, I have long ticular programs that they have in the would like to receive more money. I opposed programs I believed were mere Department of State is, I think, a salu- am sure there is not a single person sit- pork projects. In fact, I led the battle tary initiative on the chairman’s part. ting in this Congress who would not against last year’s crime bill because I I have worked the budgets. Specifi- want to spend more money on some felt that it had ballooned in terms of cally, if they appointed me the Under particular program or issue. This bill, unjustified costs. The Violence Against Secretary of State in charge in Africa, however, represents a compromise be- Women Act, however, is an important I could look over and could designate tween our desires, and our true, fis- program that deserves to be fully fund- the needs. At the present time, if I did, cally responsible, law enforcement ed. The act provides funds for: rape pre- the AID Director would say, ‘‘Oh, no, needs. vention education; battered women this is where we are going to put it.’’ To my colleagues that voted for the shelters; the investigation and prosecu- And he has all the money. balanced budget amendment, I would tion of domestic violence and child We need a coordinated effort. We can ask them to vote for this bill. To my abuse in rural areas; treatment and save, really, millions with the par- colleagues who voted against the counseling programs for victims; and ticular initiative. I happen to know, as amendment, but believed we needed a grants for developing community do- he knows, five Secretaries of State balanced budget and could achieve such mestic violence and child abuse edu- have recommended this. I intend to a budget, I tell them now is their hour. cation programs. support the distinguished chairman of Now is the time. This is an opportunity These programs are vitally impor- our Foreign Relations Committee. I for them to prove that they can exer- tant. Prosecutors and police officers state that as having been at the finan- cise the discipline and restraint needed must become more sensitized to the cial end of these endeavors on appro- to achieve a balanced budget. problem of violence against women. priations for over 25 years now. Even with the cuts necessary to Women who are abused by their Mr. HELMS addressed the Chair. achieve a balanced budget, I would spouses must have a place to stay and Mr. GREGG. I yield to the chairman note that the Department of Justice must have counseling available to re- as much time as he desires. receives a nearly 20-percent increase pair their shattered lives. Resources The PRESIDING OFFICER. The Sen- over fiscal year 1995. The violent crime need to be channeled to stem the tide ator from North Carolina. reduction trust fund, moreover, will be of violence directed against women. Mr. HELMS. Mr. President, I have increased by some $1.6 billion. While According to Justice Department enjoyed working with both of these the conference bill does not provide data, nearly a half-million women were Senators—a little longer with Senator federal law enforcement with as much forcibly raped last year. Some studies HOLLINGS, because he and I have been money as I might otherwise want it to, estimate that the total number of around here longer. But the Senators it nevertheless represents an enormous rapes, including those not reported to from New Hampshire and South Caro- commitment to fund core federal law authorities, may exceed 2 million. lina are remarkable Senators. And I enforcement programs. Similarly, domestic violence strikes appreciate your comments, Senator For example, the conference report at the heart of the most important po- HOLLINGS. I thank Senator GREGG. provides the Immigration and Natu- litical unit in America—the family. Mr. GREGG. Mr. President, at this ralization Service with nearly $2.6 bil- The family should be a safe harbor for point I suggest the absence of a lion. This represents a 23.5-percent in- those tossed about by the storms of quorum and ask the time be charged crease over fiscal year 1995 enacted lev- life, not a place of abuse or degrada- equally to both sides. els. The conference agreement provides tion. The PRESIDING OFFICER. Without funds for 800 new Border Patrol agents The act is one small, albeit vital, objection, it is so ordered. The clerk and 160 new support personnel. step toward addressing the problem of will call the roll. If you look at this chart, the Depart- family violence, and violence against The assistant legislative clerk pro- ment of Justice budget authority be- women generally. A vote for this con- ceeded to call the roll. tween 1990 and 1996, you can see that it ference bill means a vote to combat vi- Mr. GREGG. Mr. President, I ask is going up dramatically from around olence against women. unanimous consent that the order for $81⁄4 billion up to almost $16 billion. It The conference bill also contains leg- the quorum call be rescinded. has almost doubled in the last 6 years. islation I introduced with the distin- The PRESIDING OFFICER. Without So we are spending an awful lot of guished majority leader to reform friv- objection, it is so ordered. money, and I think doing it in the olous prison litigation. This landmark Mr. GREGG. Mr. President, I yield 15 right way. legislation will help bring relief to a minutes to the Senator from Utah. The bill also increases, by some 1,400 civil justice system overburdened by The PRESIDING OFFICER. The Sen- positions, personnel dedicated to ap- frivolous prisoner lawsuits. In 1994, ator from Utah. prehending, locating, and deporting il- over 39,000 lawsuits were filed by in- Mr. HATCH. Thank you, Mr. Presi- legal aliens. mates in Federal courts, a staggering dent. The FBI receives over $2.5 billion, a 15-percent increase over the number Mr. President, I rise today to urge 9.8-percent increase over 1995 enacted filed the previous year. The vast major- my colleagues to support passage of levels. Additionally, construction funds ity of these suits are completely with- the Commerce, Justice, State appro- are provided to renovate the FBI Com- out merit. Indeed, roughly 94.7 percent priations bill as it has come from the mand Center, to modernize the FBI of these suits are dismissed before the Appropriations Committee so that we Training Academy for use by Federal, pretrial phase, and only a scant 3.1 per- can get it to the President. As every- State, and local law enforcement offi- cent have enough merit to reach trial. one is well aware, the President has cers, and to begin construction on a In my home State of Utah, 297 inmate signaled that he will veto this bill. We new FBI laboratory. suits were filed in Federal courts dur- need to pass the bill and then begin the Similarly, the U.S. attorneys offices ing 1994, which accounted for 22 percent task of fixing any of the remaining receive an over 8.5-percent increase in of all Federal civil cases filed in Utah problems contained in this legislation. funds compared to the 1995 enacted lev- last year. The crushing burden of these We are at a watershed moment in els. frivolous suits is not only costly, but this Nation’s history. We are deciding The DEA receives some $806 million, makes it difficult for courts to con- whether or not we will have a balanced a 6.4-percent increase over last year. sider meritorious claims. budget or whether we will continue to This provides DEA with funds to im- Indeed, I do not want to prevent in- plunge our Nation into debt and mort- prove its infrastructure and to better mates from raising legitimate claims. gage our children’s futures. This bill support investigative efforts. While the vast majority of these claims represents one piece in the puzzle to In addition to these law enforcement are specious, there are cases in which achieving a balanced budget. While im- expenditures, the bill also fully funds prisoners’ basic civil rights are denied.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18137 Contrary to the charges of some crit- lease programs to relieve crowding— significant factor, and 20 percent re- ics, however, this legislation will not the ‘‘Corrections Yearbook,’’ 1994. In ported that these incentives were the prevent those claims from being raised. other words, 21,000 criminals were re- main or only factor. The legislation will, however, go far in turned to the streets not because they Thus, even under last year’s weaker preventing inmates from abusing the were no longer a threat to law-abiding truth-in-sentencing provisions, Federal judicial system. citizens, but merely because there was progress is being made. However, this They will have to pay something to not enough room to keep them in pris- bill is necessary to protect those gains file these charges, and that stops a lot on. and ensure that they continue. Under of the frivolous cases right there. And The Federal Government, of course, last year’s bill, States may qualify for there are other mechanisms that will cannot solve this crisis for the States. truth-in-sentencing funds by enacting make them think twice before they file But it can and should provide meaning- laws providing for truth in sentencing frivolous law suits. ful emergency assistance. only for second-time violent offenses. This legislation will also help restore This bill also provides meaningful in- Even more astonishing, States that balance to prison conditions litigation centives for States to enact truth-in- do nothing to change their laws could and will ensure that Federal court or- sentencing laws. At least 50 percent of end up with a chunk of the truth-in- ders are limited to remedying actual the funds under this program are re- sentencing grants by simply waiting violations of prisoners’ rights, not let- served for States that practice truth in for the funds to revert to the general ting prisoners out of jail. It is time to sentencing. It is appropriate for the grant fund, as the last year’s bill pro- lock the revolving prison door and to Federal Government to encourage the vides. Keeping faith with the States put the key safely out of reach of over- States, through the provision of extra that have made legitimate strides in zealous Federal courts. funds, to adopt truth-in-sentencing As of January 1994, 24 corrections laws that honestly tell citizens—and their area requires that we eliminate agencies reported having court-man- warn criminals—what the penalty is these potentially unfair loopholes. dated prison population caps. Nearly for breaking the law. This does not It is also vital, however, that we pro- every day we hear of vicious crimes mean that the Federal Government vide allowances for differences among committed by individuals who should should dictate any particular sen- state correctional policies, and not pe- have been locked up. Not all of these tencing system or sentence length. But nalize States that practice indetermi- tragedies are the result of court-or- it does mean that those States with nate sentencing, yet do an admirable dered population caps, of course, but criminal justice systems that mean job of keeping violent criminals off the such caps are a part of the problem. what they say should be rewarded. streets. My home State of Utah, for ex- While prison conditions that actually I would like to briefly dispel a mis- ample, employs a release guideline sys- violate the Constitution should not be conception about this truth-in-sen- tem that allows the board of pardons to allowed to persist, I believe that the tencing provision. Some of my col- keep the worst criminals off the streets courts have gone too far in micro-man- leagues are concerned that this provi- longer than would be possible in many aging our Nation’s prisons. sion will mandate that States adopt determinate sentencing systems. This This bill also contains important long sentences that they cannot afford amendment accommodates successful changes to the Prison Grant Program. to impose. This is simply not the case. indeterminate sentencing States. The conference bill provides nearly $618 The issue is not sentences of any par- Finally, I would like to address the million in grants to States to enable ticular length, rather, it is truth in law enforcement block grant proposal. them to engage in the emergency sentencing. Recent data from the Bu- While I do not fully support the lan- buildup of prison space and to encour- reau of Justice Statistics demonstrate guage of the current proposal, I never- age the States to adopt tough truth-in- that as of 1991, State prison inmates theless believe we should pass the con- sentencing laws. In contrast, the Presi- serving sentences for violent offenses ference report and fix the problems dent requested only some $500 million expected to serve less than half of their after the President returns it to us. for prison grants. sentences. This proposal improves, at least in cer- The conference bill makes four key The data also show that the inmates’ tain respects, the administration’s so- changes to the prison grants provisions expectations were accurate—violent called COPS Program. I understand included in the 1994 crime bill: prisoners released in 1994 served an av- that the President prefers the COPS First, it authorizes significantly erage of only 46 percent of their sen- Program, but I believe that a block more resources to assist the States in tences—‘‘BJS Selected Findings, Vio- grant program better supports the implementing a much-needed emer- lent Offenders in State Prison: Sen- local communities law enforcement gency buildup in prison and jail space. tences and Time Served, July 25, 1995.’’ needs. Second, it removes onerous and un- Moreover, in 1991, the Department of To begin with, this program moves us necessary Federal strings that were at- Justice reported that the average mur- away from the Washington-knows-best tached to the 1994 grant program, and derer was sentenced to 20.5 years, but philosophy. The proposal returns re- that would have eaten up a significant served only 7.7 years; the average rap- sponsibility to frontline local law en- portion of the grant money provided. ist was sentenced to 13.3 years, but forcement officials. If, for example, a Third, it ensures that the Federal served only 4.6 years; and the average community believes community-ori- money will be used to increase avail- robber was sentenced to 9.9 years, but ented policing works best in its juris- able prison space, instead of permitting served only 3.3 years. This is out- diction, it can hire police officers and the funds to be used for a variety of so- rageous. structure a community policing pro- called alternative sanctions, which Continued public confidence in our gram. If, however, the community would have left the States in the same criminal justice system requires that needs bullet proof vests or communica- dire need of prison space at the end of sentences mean what they say. A 20- tions equipment, it can buy that equip- the grant program as they are now. year sentence should not mean release ment with these funds. Finally, it includes meaningful in- in 7 years, once a person has com- centives—not mandates—for the enact- mitted a murder and been convicted of A serious problem with the so-called ment of State truth-in-sentencing it. This legislation will provide the COPS Program is that the award is en- laws. States with grant incentives to ensure tirely discretionary. It lacks a solid Prison crowding in many of our that violent criminals serve the sen- formula and instead depends upon the States has reached crisis proportions. tences imposed. good graces of Washington bureaucrats The average prison system in the Furthermore, Federal incentives to distribute the money. United States is operating at 112 per- work. A recent report from the Na- The conference report, however, es- cent above its rated capacity. In 24 tional Institute of Corrections stated tablishes a formula to distribute the States, prisons are under court-ordered that of the 29 States that considered money on a fair, consistent basis. Com- population caps. And, in 1993, an esti- truth-in-sentencing legislation in the munities will no longer have to wonder mated 21,000 inmates in 18 States were 1995 legislative session, 60 percent re- whether or not they are going to re- released under so-called emergency re- ported that Federal incentives were a ceive a grant.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18138 CONGRESSIONAL RECORD — SENATE December 7, 1995 This proposal also contains a lower either the No. 1 or No. 2 or number No. authorities, particularly in the Las matching requirement than the Presi- 3 industry in every State in America. Vegas and Reno areas, where the two dent’s program. Therefore, poorer com- It generates $417 billion annually and is most active authorities exist, putting munities can hire more police with less recognized as being, with the possible together that partnership which made of a financial strain on the community. exception of the health care industry, it possible for us to generate the larg- By lowering the match, we do not pe- the largest employer in America. est growth of tourism that has oc- nalize poorer cities that cannot afford In the context of our difficulty with curred in the history of Nevada. it. This is what the American people the international trading accounts, So I must say that I am extraor- want—assistance in handcuffing crimi- where the United States suffers from dinarily disappointed in this. It is bi- nals not handcuffing communities. an enormous trade imbalance, when all partisan in every sense. We ought to, it Critics complain that a block grant of those individual categories are seems to me, in the interest of making will lead to the abuses of the old LEAA added together, it is a shining example some sense, see if we cannot at least Program of years past. I would note, of where we enjoy a trade surplus, net keep this agency one more transitional however, that LEAA did far more good trade surplus, of some $22 billion. year. than harm. And many of the LEAA So this is an agency that is worth In that sense I certainly would invite grants occurred before the every penny that is expended. Putting comment from either the floor man- professionalization of the Nation’s po- this in the context of what is hap- ager or the minority floor manager lice forces. I do not believe that the ex- pening in the world today, out of the here in terms of, do we have any cesses that occurred under the LEAA 175 major countries in the world, we chance, my colleagues, of getting this would occur under the proposed legisla- will be the only one without some type funding, as the President indicated he tion. Indeed, I think that the Byrne of a national tourism office. The tim- is going to veto the bill so it will come grants stand as a testament to the ing of this, it seems to me, is particu- around again. ability of local communities to wisely larly bad. We are talking about jobs, I certainly would pledge to work with look after their own best interests. travel tourism provides 6.2 million di- the distinguished floor manager from While this conference report is im- rect jobs, and is growing at twice the New Hampshire, my long-time friend, perfect, I encourage my colleagues to rate of job growth in the national aver- the former chairman of the Senate support it and permit us to fix any re- age. Commerce Committee and one who ac- maining difficulties after the President So this generates economic growth tually presided at the birth. This ought has vetoed it. In closing, I would just here at home, jobs, $417 billion in the not to be an issue that divides us, Mr. like to thank Senator GREGG for his economy. In terms of the international President, on partisan grounds because work on the report. He has consistently trade, we have a net surplus of $22 bil- it has broad bipartisan support. The sought out the views of the Judiciary lion. And all we sought to accomplish Governors support it. The private sec- Committee and has attempted to incor- in this bipartisan amendment was to tor is most energized, and as I say, this porate our views into the final product. keep the agency funded for one more White House tourism conference was I look forward to working with Senator year, one more year, at a level of $12 the first time in years I have been in- GREGG. million. volved where we actually brought in Mr. HOLLINGS. Mr. President, I What the conference report did, it every segment of the tourism industry, yield—5, 10 minutes? seems to me, is absolutely indefensible, focusing on a strategy of how we can Mr. BRYAN. I would appreciate it if both in terms of philosophy as well as increase our international travel. the Senator will yield 10. I probably I would certainly invite comments pragmatism. It will cost us under the will use less. from my friend, the Senator from provisions of this conference report, to Mr. HOLLINGS. I yield 10 minutes to South Carolina. the distinguished Senator from Ne- terminate this agency immediately, $8 Mr. HOLLINGS. If the distinguished vada. million. We get nothing for that $8 mil- Senator will yield, Mr. President, let The PRESIDING OFFICER (Mr. lion. It simply represents severance me first acknowledge the leadership of KYL). The Senator is recognized for 10 pay to existing employees and the var- the chairman of our tourism caucus. As minutes. ious costs that are incurred in termi- he has indicated, he has correlated a Mr. BRYAN. I thank the distin- nating existing contracts. I mean, in is most wonderful coordinated effort on guished Senator from South Carolina. like cutting off your nose to spite your both sides of the aisle and more or less Mr. President and my colleagues, I face. some on the House side. wish to express my profound dis- This makes no sense at all, Mr. Presi- But I say to the Senator, in respond- appointment that the U.S. Travel and dent. And I know the distinguished oc- ing—I must say that the House con- Tourism Administration funding is not cupant of the chair from my neigh- ferees were pretty adamant. The Sen- included in this bill. boring State knows how important ator had the cooperation of our distin- I know that my friend and the rank- tourism is to his own State. We share a guished chairman. The Senator had the ing member of the Commerce Com- common interest in one of nature’s cooperation of this particular Senator. mittee, Senator HOLLINGS, proudly and great wonders in the Southwest, the And we continue to do our very best. rightly proclaims himself as one of the Grand Canyon. But I can tell the Senator, they were founding fathers of this very important International tourism is driven to a pretty intransigent on the House side. function. We are talking about some- large extent in our part of the world Mr. BRYAN. I am not unmindful of thing that in the current year is funded because of the interest and desire in the difficulties that occur in trying to at a modest level of $16 million. It is a seeing this great wonder of nature. We reconcile differences between the two program which has enjoyed bipartisan spend less than Malaysia, Tunisia, bodies. support. I wish to emphasize that. countries that are not ordinarily iden- I say to the distinguished chairman When we came to the floor earlier this tified as states that are in the van- of the subcommittee, the floor man- year to amend the Senate version to guard of promoting tourism. ager, the Senator from New Hampshire, continue it for a 1-year transition, a 1- So I must say that I think we miss a I pledge to work with him as well to— year transition of $12 million in fund- tremendous opportunity here. We just this is not a partisan issue. And I ing, we had the support of Senators had a very, very successful White would certainly, if he has any thoughts MCCONNELL, HOLLINGS, MURKOWSKI, House conference on tourism. Bipar- in terms of how I could be helpful, INOUYE, THURMOND, DASCHLE, and many tisan in every sense. It is the first time those of us who have spent a good bit others. in the years that I have been involved of time in trying to work out a reason- So the point I wish to make to my in the tourism movement. And I was able compromise, reorganizing that the colleagues is that this is not an issue very much involved, as the Governor of agency is going to be terminated at the which had as a cutting or defining edge Nevada, in putting together, in our end of the next fiscal year under the any sense of partisanship. We had State, a strategy at the State level to proposal that we advanced as a com- broad bipartisan support. develop a comprehensive approach to promise measure, I certainly would be Why do I think this is such an impor- tourism that compliments what is done happy to be guided by his suggestion in tant function? First of all, tourism is with the local visitor and recreation terms of how we might approach our

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18139 colleagues in the House who are per- eral dollars. I can represent to the Sen- chief executive of his own State. I have haps less informed about what this ator from New Hampshire that, if we some sympathy and understanding of means to all of us. can get this compromise in a future how effective the Senator can be. Our Whether we are from the West, the conference report, because the Presi- distinguished friend from South Caro- Northeast, the South, wherever, clear- dent indicated he is going to veto this, lina also served as a chief executive of ly we have an industry which is grow- that I will represent to him it will be his State. So, together, we can work on ing enormously. We are going to have my intention to oppose any attempt to this. We are only talking about $12 mil- 661 million people that will be trav- extend the agency beyond that year, lion. I think we may be able to get that eling throughout the world by the turn based upon a representation that we back in. of the century. And America is the made on the floor. I thank the Senator. travel bargain of the world. I certainly So I am not part of any effort, I can Mr. GREGG. I appreciate the com- would be happy to yield to my friend assure my colleague, to just keep it ments of the Senator from Nevada. from New Hampshire and take any sug- alive this year and then argue, ‘‘Well, Probably the best way we can get that gestions that he might have in terms of look, we need to keep it alive another money is to get the entire Congress out how one might work with him and our year.’’ This is $12 million. This is it. of here for Christmas. Senate colleagues who understand how And this is the transitional year for At this point, I suggest the absence important this is. the industry. of a quorum and ask that the time be Mr. GREGG. I certainly appreciate The PRESIDING OFFICER. The time charged equally to both sides. the Senator from Nevada’s interest in of the Senator from Nevada has ex- The PRESIDING OFFICER. Without this, and his understanding of the im- pired. objection, it is so ordered. The clerk portance that tourism plays in the Mr. GREGG. Mr. President, I yield will call the roll. economy, obviously of his great State, myself time. The legislative clerk proceeded to but many of our States, tourism being The Senator from Nevada has ex- call the roll. the largest employer in the State of pressed a good case in the context of Mr. BIDEN. Mr. President, I ask New Hampshire. ‘‘we are going to terminate this agen- unanimous consent that the order for However, I think the concerns that cy; is it $12 million or $2 million we the quorum call be rescinded. the House raised had some credibility. need to do that.’’ The concern the The PRESIDING OFFICER. Without They were concerned about the fact House raised, I think, is a legitimate objection, it is so ordered. that this agency, although on a theo- concern. Mr. BIDEN. Mr. President, it is my retical downward glidepath toward I want to give a very distinct clari- understanding that there is roughly 1 being eliminated, may actually have a fication on this. As I understood the hour 40 minutes under my control. Is certain Phoenix-like quality to it, as a small business conference report, they that correct? result of the conference may actually wanted to follow, or suggested they fol- The PRESIDING OFFICER. That is be coming back to us with the request low, the Canadian system where the correct. for funding which would be in the mul- private sector does put in $50 million, Mr. BIDEN. Mr. President, I yield tiple millions of dollars, approximately but the Government puts in a match- myself such time as I may use up to $50 million as a joint venture exercise. ing amount, and that there is, if not that point. So I think they decided that rather stated, at least an implication we are I rise today in opposition to the De- than go through the gnashing of teeth going to end up with a joint program partment of Justice appropriations in and trauma of fighting this battle a involving the Federal Government or a this conference report and an attempt year from now, to fight it now and ter- request for a joint program involving by my Republican colleagues to rewrite minate the agency. They were very in- the Federal Government once the pri- the anticrime legislation on an appro- sistent in their position. I suspect that vate sector has raised the $50 million. I priations bill. it will be difficult, depending on how think that is the concern. That type of In my view, it is a lousy idea to re- this bill comes back, to change that po- contingent, potential liability should write crime policy on an appropria- sition. be nipped now rather than get into the tions bill, wiping out major programs But I am certainly happy to sit with fight at a later date. the Senate created only last year after the Senator and work with him on any We will certainly rejoin this issue 6 years of extended debate and replac- ideas that he might have. I think the when we get the bill back, and I appre- ing it with new programs without re- real concern here is that we be on a ciate the Senator’s thoughts. view or debate and doing it all on an glidepath to termination and that we Mr. BRYAN. Will the Senator yield appropriations bill. It is unnecessary, not be on a glidepath that is sort of a for the purpose of a single question? in my view, and it is completely con- touch and go. Mr. GREGG. Certainly. trary to how the Senate has tradition- Mr. BRYAN. I appreciate my friend’s Mr. BRYAN. Let me say, clearly the ally worked. comments. If I might respond and en- decision that we deal with is, what do I assume—and I see the distinguished gage him in a constructive colloquy. we do during this critical year? I un- chairman of the appropriations sub- The $50 million that the Senator made derstand the concern that may be ad- committee is here—I assume it is be- reference to is $50 million of private- dressed as to, will there be a request cause you cannot get the votes straight sector capital. As I am sure the Sen- next year or the year thereafter? I put up and down to change the law through ator from New Hampshire is aware, at my own credibility on the line and tell the authorizing process, because I have the White House conference one of the the Senator that, to his House col- not seen anybody come here to the reasons that was part of the com- leagues and to our House colleagues floor and say they do not want 100,000 promise—which was accepted by the who may have that concern, this is not cops. I have not seen anybody come to Senate—that was crafted in the fashion a guise to come back next year or the the floor and say they do not want the in which it was was that we recognized year thereafter. This, I think, is a very prison money the way it is allocated. that the agency would terminate at the practical way to deal with the situa- The argument goes on. But it is kind of end of this fiscal year under the pro- tion, which we all acknowledge that doing it in a way that obviates that posal the Senate embraced. Therefore, the Agency is going to be terminated kind of debate, discussion and votes on during this transitional year the indus- after the end of the year, as a practical individual items within the crime bill. try would have to come up with this $50 matter. For $12 million, we get the ben- We all know that the Republicans million. efit of a functioning Agency; for $8 mil- have wanted to change the crime bill, I say to the Senator—I know he lion, we get no benefit at all and sim- and they have wanted to change it knows this; perhaps our House col- ply pay folks to terminate contracts since it was passed, I assume in part leagues have not followed as closely; and for severance pay. because it has a Democratic label on it. again, I would certainly be delighted to To the extent I want to be helpful, I I have not heard many other compel- work with him—that $50 million is not assure the Senator I want to work with ling reasons why it is a bad idea. But an attempt to come in sideways or in him and encourage him to use his own they say it is in their Contract With the back door to get $50 million Fed- legendary persuasive skills as a former America to change the crime bill. I do

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18140 CONGRESSIONAL RECORD — SENATE December 7, 1995 not know anywhere under the Contract lished a year ago in the crime law and What we did, we fired cops. We fired With America the American people maintained in the Senate appropria- cops; we fired firemen; we fired law en- said they do not want 100,000 more tions bill. Because we had this debate, forcement people who we were paying cops. I do not know of any police under remember. We did this over here for with county funds and we rehired the Contract With America who say through the appropriations process. them with the Fed money. they do not want to build any more And as they say in the southern part of I see some of the staff on both sides prisons or who say they want to go my State, ‘‘Y’all lost.’’ are smiling. That is what we did, and back to the old LEAA days where cops But never fear; GINGRICH is here. So that is what will happen again. Be- could buy Dick Tracy watches, and you headed to the other side, and you cause then we would say—I will never small municipalities could buy ar- caved in in conference and now are forget sitting in a county council meet- mored personnel carriers, and you back here, I assume in part, to be able ing. The chairman of our council was a could spend money on public defenders to go home and say, ‘‘We didn’t cut the very distinguished man, his name was instead of on a cop, which you can do 100,000 cops program.’’ C.W. Buck. I mean that sincerely. He now the way the Appropriations Com- We have already funded more than was a very distinguished Republican. mittee has rewritten this legislation. 25,000 new police officers across the His father had been the Governor of the I do not recall anybody who ran as a country in this first year alone, and I State of Delaware. I turned to Mr. Republican on the Contract With challenge any of you to go home and Buck, saying, ‘‘Mr. Chairman, how America campaigning on those issues. hold a press conference and say you did much will this cost us?’’ He looked at The fact is that Senator DOLE and Sen- not want those cops to come to your me and said, ‘‘It will not cost any- ator HATCH at least had the good grace State—25,000. ‘‘Moses’’ Heston, better thing.’’ I said, ‘‘Why?’’ He said, ‘‘It is to straightforwardly introduce a bill to known as Charlton Heston, ran ads, Federal money. We don’t have to put change the 1994 crime law, and they was on an ad for months when we were up a cent.’’ have every right to try to do that. debating this crime bill saying there So in New Castle County, DE, and They introduced such a bill, but they was not even enough money in here for Wilmington, DE, we laid off cops, then have not chosen to act on it. No one 20,000 cops. We already have 5,000 more hired them back with Federal money. has called up the crime bill. than ‘‘Moses’’ thought would be in the What was the net effect? Not one ounce Where is the crime bill? I have been bill, with 75,000 more to come—unless of additional public safety, guaranteed. hearing since the day that Mr. GING- this became law. Not one new cop. But, boy, it is real ap- RICH became Speaker and the Demo- There are 25,000 that police depart- pealing when you are the county execu- crats lost control of the Senate that ments across the Nation have already tive and real appealing when you are one of the first items on the agenda put in place, and police departments the Governor and real appealing when was a Republican crime bill. Well, across the Nation have already applied you are the mayor not to have to come bring it on. Where is it? Where is the for more than $0.5 billion in fiscal year up with any money, and then go tell Republican crime bill? Let us debate it. 1996 to fund an additional 9,000 new your constituents what you are doing But, no, the Republican crime bill is cops, and these pending applications for them. now in the appropriations bill, allowing are now threatened by this conference Now, look, if Governors and mayors— everyone to go back home and say, no, report. In its place is a law enforce- if the reason you Republicans are doing I did not eliminate the 100,000 cops; I ment block grant, the old LEAA Pro- away with this program is in the name did not eliminate the drug courts; I did gram, which is written so broadly that of helping localities so they do not not do that; I did not change any of the money could be sent back to the have to put up their money to get a that. All I did was vote for an appro- States, could be spent on everything cop, great. Under the existing legisla- priations bill to give you more flexi- from prosecutors to probation officers, tion, they did not have to ask for a bility. from traffic lights to parking meters, cent. There is no requirement that Translated, you do not get 100,000 and not a single new cop. The block says, Athens, GA, must send in a re- cops. Translated, you do not get what grant, this block grant that is in the quest for more cops. Athens, GA, or is in the crime bill. Where is the Re- bill now has never been authorized by Berlin, NH, they say, ‘‘We don’t want publican crime bill? Please bring it to the Senate. any more cops and we don’t want any the floor. I have been waiting to debate Let me explain why, when I wrote more Federal money.’’ No problem. it. I can hardly wait. But it looks like this bill in the first place, now the Send it to Delaware. We will pay. I am going to wait until the next Con- crime law, I insisted it go for cops. Be- So in the name of helping localities, gress, assuming I am here, which is not cause the way it works now is that in letting them, from a ‘‘block grant’’— an assumption I am relying upon. order to get a new cop at home the that is a code word, folks. Block grant This is a blatant attempt to sidestep Federal Government will put up rough- means ‘‘we don’t have to spend it for the usual process in this body and, I ly $75,000 if the mayor, the county ex- cops because cops cost us money. It think, by stealth to try to get it both ecutive, or whomever puts up the rest. costs us money.’’ Governors and may- ways. This bill is, of course, dead. But it requires the mayor, the county ors and county executives, they have Dead. Dead. It is not going nowhere, to executive, the Governor to step up to their budget people coming in saying, use the vernacular. It may have the the ball, stop mouthing to their con- ‘‘Look, Gov, look, Mr. County Execu- votes to pass here. I hope that allows stituents they want more cops; they tive, look, Madam Mayor, if you sign you all to say that you have fulfilled just cannot do it. But under this legis- on to this, this means we have to, for your contract with yourselves, but you lation, they will get the money and the next x number of years, put in our are sure not fulfilling a contract with they will not buy the cop because when share of what this additional cop is the American people. they buy the cop, they have to make a going to cost us.’’ I hope you will feel good about that commitment they are going to keep It is like what you find in most and then maybe, after you come back, that cop for 5 years and they are going States. I have never been to a State after the President vetoes this, we will to straightforwardly tell the voters, legislative body—and I have been to a go through this again. Let us do it their constituents, that is what they number and had the privilege of speak- straight up, because I want you to are spending the money for. It is going ing to a lot of them—but Democrat or stand up on the floor and say, I do not to be a lot easier for them when they Republican, where they did not have, want 100,000 cops. Say it. We will de- do the budget now to say, I can make in the State legislature, debate that bate it. Take it to the people. it look like we are making progress goes like this: ‘‘You know, violent Notwithstanding that we will be here; we will not hire any new cops. We crime is an overwhelming problem in right back here doing this again in a will pay for those traffic lights we were the State of x, and we must do more to few days, I should like to list and then going to buy out of our city taxes with fight crime. We’re going to pass laws explain some of the major changes this Federal dollars. that increase the penalty tenfold, and conference report proposes. First, as I I used to be a county councilman. we are going to do this, and so on.’’ have mentioned, it would eliminate the That is what we did with the old LEAA They do pass all the penalty laws. 100,000 cops program that was estab- money. We did not hire any more cops. And then somebody has the temerity

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18141 to say, ‘‘By the way, we don’t have these programs were targeted for sepa- niority is. I think I am 16, 17, 15, some- enough prisons to put these people in. rate funds in addition to the funds for thing like that. In light of the 99 deci- We don’t have the prisons. There’s not the 100,000 cops. sions not to run again for office, if I get the space.’’ And then what do those But under the conference report of elected again, I may even be higher. folks do? Do they go to you, the voters, the Appropriations Committee, a I made the wrong pick. I came here and say, ‘‘Well, you know, we have got mayor would have only the amount of to legislate. I should have gone on the to raise your taxes to build more pris- the block grant out of which all efforts Appropriations Committee. I made a ons’’? Oh, no. They tell you how tough would have to be funded. The result big tactical mistake here. Had I gone they are, and then they let the folks would be that proven crime-fighting on the Appropriations Committee, I out of prison. programs that the Congress voted to would be the No. 3 or 4 ranking person That is why, by the way, nationwide, support last year would be effectively on that committee. Why have a Judici- if you live in the State of Pennsyl- eliminated. ary Committee? Why have a Commerce vania, you live in the State of Cali- I hear everybody talk, especially my Committee? Why do this? They do not fornia, you live in the State of Texas, good friend from Texas, PHIL GRAMM, legislate any of this. when you get sent to jail, you do not go talk about being tough on crime. And I I ask a rhetorical question: Why did to jail for the time for which you are hear a lot of my folks out there—a lot my friends, Senator DOLE and Senator sent. You get 10 years for robbery? You of folks on your side of the aisle—talk HATCH, not bring their crime bill to the serve on average 4.6 years. But guess about a lot of these liberal mayors. Judiciary Committee to be acted on? what? In the Federal Government, you Well, guess what the liberal mayors are Why did we not do that? I respectfully get sentenced to 10 years, you go to jail going to be able to do with your block suggest it is because they did not have for 10 years. Bingo. grant? They are going to be able to put the votes to win. I respectfully suggest You ever wonder why folks do not it all in programs if they want. They that in order to win, you would have to want to be tried in a Federal court and can go out and put it all in boys’ clubs say, ‘‘By the way, we don’t want 100,000 they prefer to be tried in a State court, and girls’ clubs if they want. They can cops added by this crime bill; we don’t even in tough hang-them States like put it all in prevention if they want, want more prisons built in this crime Texas and States like mine? Because and not one new cop if they want. bill the way we had; we want to change they are not nearly as tough as the Now, all of a sudden, I am amazed it.’’ Federal Government, because we put how trusting you are. I hear Senator Any of you who doubt what I am say- our money where our mouth is. We GRAMM and others talk about the lib- ing, any of the press who is listening to have said, ‘‘You do the crime, you do eral Conference of Mayors. Well, my this, you go ask any chief of police in the time.’’ It is called the Sentencing Lord, you are a trusting bunch. You the United States of America, you go Commission. I authored it with several really are. You have seen the light. I ask any superintendent of the State other people back in the early 1980’s. guess you are for straight prevention police in any State in America, you go now. What do you think the cities are And we do not fool around. ask the head of any county or city po- The point I am making is one that is going to do with this money? You and lice organization, and you ask him or not popular to make, and I should not they are going to go out and hire cops? her whether or not they think they will make, I am sure my political folks are Oh, yeah, right. With their tight budg- fare better with their budgets for their going to tell me, but it is the truth. We ets? So you folks on the Republican city, State or county with a block let the States off the hook, we let the side, I am amazed, have become the grant that allows the legislature and cities off the hook. They will not hire lily-livered liberals, what I am called the Governor to use it any way he over on this side. You all are the ones the cops, and that is what you all are wishes, or whether they will fare better now changing the rules. You are chang- doing. That is what you Republicans with the proposal with 100,000 cops. ing the rules. are doing here. It is not going to en- You ask them. Now that this can be all spent for When I wrote this legislation, Mr. hance public safety one iota. prevention, who are the tough guys? I I want 100,000 new cops on the street. President, I wrote it by first calling in hope you are not going to stand up and That is why I wrote the bill. We have the six major police organizations and make any more of those speeches roughly 550,000 local police officers. asking them, ‘‘What do you need most about, ‘‘Lock them up and throw the When this crime bill is all over and we to deal with the crime problem in key away, and don’t take my mama’s spend $30 billion, if you all have your America? What do you need the most?’’ gun away,’’ the ones we hear, you And they told me. So I wrote the bill way, we will have 575,000 cops on the know, rolled out every 4 months or so. street, maybe. I want 650,000 cops on Block grant means just that, it is a with them in the room. They were the ones who said, point the street. We need more cops. block grant: ‘‘Here you go, Mr. Mayor, blank, ‘‘If you don’t require the Gov- Again, you do not have to ask for a do with it what you wish.’’ single cop, Governor; you do not have You all ran ads, your national party ernors, the mayors to come up with to ask for a single cop, Madam Mayor; ran ads last election of prisoners danc- some of the money for only cops, we you do not have to ask for a single cop, ing in tutus. I thought it was really won’t get any new cops, because we’re County Executive. But if you ask, you good. It was a great ad. It shows these an expensive item. When we sit down in have to kick in, and we will give you prisoners dancing in pink tutus saying, the budget process in our town or our $75,000 per cop on average. Pretty ‘‘That’s what the Democrats want to city, we have to say to the mayor, ‘Mr. healthy commitment by the Federal do.’’ That is not what we did, but that Mayor, if you hire this police officer, Government. is what you are doing. Can you imagine you are taking on a salary of X amount Let me tell you what else this bill where this money would go if Jerry and benefits of Y amount and you are would do. This bill would completely BROWN were still Governor? making a long-term commitment, and eliminate or severely restrict other And you talk about getting tough on that is going to impinge on your budg- programs set up in the 1994 crime law, crime? This is not tough on crime, this et not this year but every year that like the Drug Court Program, the is just dumb. This just does not make that cop is around.’ But when you don’t Rural Drug Enforcement Grant Pro- any sense. If we are going to legislate do it this way, Joe, what you do is you gram, the Law Enforcement Scholar- by fiat like this, then we might as well allow them to say they are fighting ship Program, the Scams Program for do away with committee systems, with crime by putting lighting in parks. fighting telemarketing fraud against hearings, with subcommittee markups, That is a one-shot operation and a util- senior citizens, that the Senator from with full committee markups, with ity bill. Putting up traffic lights, that Utah, the distinguished chairman of careful consideration of authorizing is a one-shot operation. Hiring a proba- the Judiciary Committee, Mr. HATCH, legislation. We can simply do all our tion officer,’’ which I am all for hiring, authored and I coauthored. There are Senate business by appropriations which costs less money and allows the tried and tested programs that fight bills, which is the way we are doing it city or county or the State to reduce youth violence, for example, by putting these days. the rest of their State budget to do boys’ and girls’ clubs in housing I guess I am number—I do not know. what they are already doing. This is projects. Under the 1994 crime law, I do not know what my number in se- not revenue sharing, this is about cops.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18142 CONGRESSIONAL RECORD — SENATE December 7, 1995 Now, all that hyperbole about—I Service, Customs Service, U.S. Coast would just now, at the end of the first even heard one of our colleagues saying Guard, and the Internal Revenue, all fiscal year of funding, be preparing to when we passed the Biden crime bill, it working together in 13 regional task issue its first awards. That is how it is now the crime law, I heard my col- forces to target and destroy major nar- has worked in the six Presidential ad- league say, ‘‘All this means is we are cotic trafficking organizations. And ministrations I have been here for. just going to hire 100,000 new social you need them all. The President re- They would be just now doing it. workers.’’ I do not think there is any- quested $378 million for this program, The better part of the year would thing wrong with new social workers. but the Republican conference cut this have been consumed drafting regula- We could stand 100,000 new social work- amount by $19 million. This means tions and preparing application forms ers in America. But this is about cops. that we will cut the important drug- before money could finally be disbursed Under the crime law, you cannot use fighting capacity below the 1995 level. at the end of the year. The implemen- the money for that purpose. But my In other words, you have all decided tation of the 1994 crime law stands in crime-fighting Republican friends and that the drug problem, I guess, is less stark contrast to this typical scenario. the staff who helped them write this— worse this year than last year, not- Instead of requiring burdensome appli- I do not know if the staff realizes what withstanding all your speeches, with cations that often fail to work and fill a favor they have done for their prin- which I agree, that the problem is entire binders, a one-page application cipals. They have now allowed them to worse this year than it was last. But was developed by the Attorney Gen- hire 100,000 social workers. We should you decided to cut it. You did not de- eral. Instead of waiting until the end of the year to distribute the funds, the rename the bill: ‘‘The social worker cide to say we should restructure it or money was awarded in batches begin- bill.’’ You can hire instead of 100,000 that the money is not being used wise- ning only weeks after the passage of cops—there is not enough money left, ly and we should redo it; you decided to the law. As a result, we find ourselves, you can only hire 75,000 new social keep the existing system and cut it. at the end of the first year, with nearly workers. You cannot do that under my Let me also point out that the Re- all the fiscal year money out the door, bill, under the crime law, and this is publican conference report cuts the with all of the funds having already masquerading as fighting crime. President’s request for U.S. attorneys, I would like to briefly point out that U.S. prosecutors. Our Federal prosecu- been sent on their way to the States, another Republican plan in this con- tors are the ones who prosecute all and with more than 25,000 out of 100,000 ference report is to drastically cut Fed- Federal crimes. You cut this by $13 new cops already funded in every State in the Nation. In a word, the law is eral law enforcement as well. The con- million. The President requested an in- working. ference report does the following: It crease of $86 million to boost Federal In addition to the new police, the prosecutors, but the conference report cuts the FBI by $112 million below the law’s provisions combating violence backed away from this commitment. In President’s request, so new FBI agents against women are also working. The short, the conference report cuts the will not be hired; it cuts the Drug En- first criminal has been tried and con- President’s request for Federal law en- forcement Agency, the DEA, $5 million victed under the new Federal violence forcement. So our Federal effort below what the President has requested against women statute, resulting in a against crime and drugs will be fought for drug enforcement officers in this life sentence for Christopher J. Bailey, by fewer FBI agents, fewer DEA Nation; it cuts interagency drug en- who kidnapped and beat his wife nearly agents, and fewer Federal prosecutors forcement by $15 million below 1995 and to death. Otherwise, he would have than requested. I assume that is be- $19 million below what the President only gotten a couple years in jail. In cause you all think that there is less has requested; and it cuts Federal pros- addition, charges have already been crime, that there is less of a drug prob- ecutors by $13 million below the Presi- filed in another case. Every State has lem, and there is less of a need to pros- dent’s request. So much for your cre- received a grant to increase the police, dentials of tough on crime. ecute. prosecutors, and the victim services to If you believe that, this is fine, no I do not know why you are doing combat family violence. Rape shield problem. But somebody stand up and this. Maybe it is because you want to laws have been extended to protect tell me that. Stand up and tell me that give tax cuts to people making 250,000 more victims. Women no longer have is the reason why you cut it back. If bucks. But for my money, I want a to pay for medical examinations to you tell me you cut it back for budg- prosecutor. I want a new DEA agent. I prove they are raped, which had been etary reasons, then I say, fine, you want more FBI agents. You cut all of the practice up until now. The victims have made your priority choice. You them, every one of those areas you cut of rape are finally being treated like below the President’s request. have chosen other things to spend the victims of any other crime. These But as the saying goes, talk is cheap. money on, or to cut taxes for, rather long-overdue measures mean that Talk without commitment of dollars is than on these. That is a legitimate po- women are now being protected, in- meaningless. Republicans in the con- sition to take. But do not get up and stead of further victimized, by the ference have failed to fund the Presi- tell me how you want to fight crime, criminal justice system. dent’s request for Federal law enforce- how it has gotten so bad, how it is so Another major accomplishment of ment despite all the talk about being terrible, how we want to move so rap- the 1994 crime law is the military-style for law enforcement. idly on it, but, by the way, we can all boot camp prisons. Crime law dollars (Mr. BROWN assumed the chair.) do it with less money and effort. That are already at work helping 27 States Mr. BIDEN. Let us look at these cuts does not work. That does not work, I plan and build and run military-style to Federal law enforcement. The con- respectfully suggest. It may work po- boot camps for nonviolent offenders. ference report cuts $5 million from the litically, but not practically. Boot camps allow States suffering from $54 million boost requested for the DEA I would like to return to the merits overcrowding problems to move non- by the President. Again, we hear a lot of the 1994 crime law. The 1994 crime violent prisoners into cheaper space. of talk about how we need more to law, in my view, and in the view of law Boot camps cost about one-third the fight illegal drugs, and there is much enforcement officers across the coun- price, per bed, as a conventional prison, finger-pointing about that the adminis- try, is working. The passage of the and thereby free up space for the most tration should do more, and they major $30 billion anticrime package violent offenders in conventional pris- should. But in the end, it is the Con- last year capped a 6-year effort to ons. gress that fails to fund the drug en- launch a bold and comprehensive and Yet, another effort that is already forcement request of the President. tough attack on violent crime in the underway is the drug court program. In yet another important area, let us roots of American communities. As we But before I move to that, let me tell review what has happened in inter- pass the 1 year mark, it is already you what this prison program in the agency drug enforcement. The orga- clear that the major programs of the crime law would look like after it goes nized crime and drug enforcement task bill are working even beyond my expec- through this reincarnation, were the forces combine the efforts of the FBI, tations. Consider the 100,000 cops pro- President not to veto this. the DEA, U.S. attorneys, Immigration gram. If this had been a typical grant The prison program in the crime law and Naturalization and the Marshal program, the Federal Government we passed last year was designed to

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18143 meet two goals: First, to help States about these operating problems. A CONFERENCE REPORT PRISON FUNDING—HOW DOES increase and then use to a maximum close look at the fine print in this bill YOUR STATE DO?—Continued advantage the supply of prison space reveals what I believe is one of the 1994 they have available to them. The sec- most troublesome aspects. While $617 Crime Law Conference Win/Lose ond purpose was to encourage States to million is appropriated for prison Oklahoma ...... 3,864,000 2 0 2 0 adopt the kind of truth-in-sentencing grants in the conference report, the Re- Oregon ...... 5,046,000 0 ¥5,046,000 system that has been instituted by the publican conferees raided $200 million Pennsylvania ...... 14,756,000 10,769,000 ¥3,987,000 Rhode Island ...... 1,415,000 5,752,000 +4,337,000 Federal Government, to which I re- of that fund to fund prisons in just South Carolina ...... 11,150,000 9,209,000 ¥1,941,000 ferred about 15 minutes ago. Today, seven or eight States. South Dakota ...... 1,040,000 2 0 2 0 Tennessee ...... 6,617,000 2 0 2 0 prison systems in 34 States are under Let me explain that. The bill directly Texas ...... 21,224,000 2 0 2 0 court order for overcrowding, and be- funds $300 million to reimburse States Utah ...... 1,650,000 5,928,000 +4,278,000 Vermont ...... 1,001,000 (1) ...... cause there are not enough prison cells, for the cost of housing criminal aliens Virginia ...... 7,514,000 7,875,000 +361,000 in State prisons. That was a provision Washington ...... 8,312,000 2 0 2 0 many States are keeping violent crimi- West Virginia ...... 1,382,000 2 0 2 0 nals behind bars for roughly only 46 included in the 1994 crime law. I sup- Wisconsin ...... 2,797,000 0 ¥2,797,000 percent of the time for which they have port that goal. Wyoming ...... 1,191,000 2 0 2 0 been sentenced. On top of that $300 million in direct 1 No data. 2 State is ineligible for Conference ‘‘Truth in Sentencing’’ grants, suffi- Worse yet, 30,000 offenders, who each appropriations to reimburse States for cient data not available for determining eligibility under Conference ‘‘gen- year are convicted of a violent crime, incarcerating criminal aliens, language eral’’ grants. do not even see a single, solitary day in was slipped into the bill so that an ad- Source: State data compiled by National Institute of Corrections and De- partment of Justice. prison. That is, 30,000 convicted in ditional $200 million was shifted from State court systems of a violent crime general prison grants for all States Mr. BIDEN. Mr. President, let me do not see a single day in prison be- through the Criminal Alien Reimburse- point out to you, if you are in Alaska cause the States either do not have the ment Program. I assume that was a you will get $1.495 million less; if you money or do not have the leadership or legacy of the Senator from Texas be- are in Colorado, you get $3.822 million do not have the gumption to tell the fore he went to the Finance Com- less; in Delaware, you get $1.532 million taxpayers that if they want these mittee. So that means a few States are less; in Maine, you get $1.050 million tough laws, they have to build more going to get the money. less; in Maryland, $8 million less; in prisons. I point out to my colleagues if you Massachusetts, $8 million less; Mis- The 1994 crime law is helping States are not from Arizona, Florida, Texas, souri, $2 million less—I am rounding respond to that problem with a $9.7 bil- Illinois, New York, New Jersey, Cali- these numbers down—in Montana, $1 lion grant program. Under the 1994 fornia, or Michigan, funds that should million less. I did not think that was crime law, States can use the money to have gone to building prisons in your the deal. There are more problems with what build and operate additional secure States have been stolen in this con- they did with prisons in this conference prison cells for violent criminals or for ference report. I think this is out- report. In the crime law, it permits all boot camp prisons for nonviolent of- rageous. States to qualify for one or both pots fenders, thereby freeing up secured I support the need to reimburse of the prison money. There are two prison space for violent offenders. States for these costs, but in the 1994 pots of prison money. There is 50 per- Let me tell you about these boot crime law, we recognize that crime is cent for general grants that essentially camps. Today, there are 160,000 young, plaguing all States, not just a few of all States receive because there are no nonviolent minor offenders who are be- the largest States in America. hard strings or conditions on these dol- hind bars in costly prison cells. That I have a list here that I ask unani- lars, and 50 percent of the money is to just does not make any sense. They are mous consent to have printed at this go to States which meet the truth-in- nonviolent, they are first offenders pri- point, entitled ‘‘Conference Report sentencing standards we set out. marily, and they are behind bars at Prison Funding—How Does Your State The Republican conference also splits more than what it costs per year to Do?’’ prison dollars into two pots, but States send your kid to Harvard or Yale. There being no objection, the table are forced to choose either one or the What this does, the crime law en- was ordered to be printed in the other, even if they qualify for both. courages States to take them out of RECORD, as follows: This is the second reason why so many those systems if they choose, put them States will get so many fewer prison CONFERENCE REPORT PRISON FUNDING—HOW DOES in boot camps where you string barbed dollars on a Republican conference re- YOUR STATE DO? wire, you have the equivalent of port. It seems to me to be written by Quonset huts. Make them engage in Speaker GINGRICH to favor only the 1994 Conference Win/Lose military-style activities to occupy Crime Law biggest States. them. It does not hurt marines or Alabama ...... $5,671,000 (1) ...... There is a third problem that most trainees. Surely, it will not hurt them Alaska ...... 1,495,000 0 ¥$1,495,000 Senators will be hearing about from at about one-third the cost. Arizona ...... 8,617,000 17,368,000 +8,751,000 Arkansas ...... 2,954,000 2 0 2 0 the prison officials in their States. I I am encouraged that the Repub- California ...... 94,034,000 181,300,000 +87,266,000 know none of the Senators is likely to licans’ prison proposal permits States Colorado ...... 3,822,000 0 +3,822,000 Connecticut ...... 3,038,000 6,975,000 +3,937,000 be listening to this. They are doing to use the funds for boot camps. That Delaware ...... 1,532,000 0 ¥1,532,000 other things, including being in con- is an important change, I might add, D.C...... 3,326,000 2 0 2 0 Florida ...... 46,535,000 38,262,000 ¥8,303,000 ferences and hearings themselves, but and I compliment them for that on the Georgia ...... 14,680,000 2 0 2 0 in addition to the Senators on the House bill. But the fact of the matter Hawaii ...... 1,273,000 0 ¥1,273,000 Idaho ...... 1,279,000 0 ¥1,279,000 floor, warn your Senators and be pre- is, it is a big change. Illinois ...... 31,297,000 26,471,000 ¥5,456,000 pared that if this becomes law, you will One of the key problems in the Re- Indiana ...... 8,561,000 8,423,000 ¥138,000 get a call, most of you, from your home Iowa ...... 2,179,000 (1) ...... publican prison plan is it permits Kansas ...... 4,300,000 6,674,000 +2,374,000 State. You will have to answer them, States only to build or expand prisons, Kentucky ...... 3,422,000 0 ¥3,422,000 ‘‘Why did you cut the money for pris- Louisiana ...... 13,445,000 9,956,000 ¥3,499,000 leaving out the ability to spend the Maine ...... 1,050,000 0 ¥1,050,000 ons in my State? Why did you do funds to operate the present system. Maryland ...... 8,175,000 0 ¥8,175,000 that?’’ Massachusetts ...... 8,004,000 0 ¥8,004,000 The State of Florida, when we had this Michigan ...... 11,958,000 15,764,00 +3,806,000 I strongly urge you to take a look at debate on the bill, had built new pris- Minnesota ...... 3,013,000 6,981,000 +3,968,000 this little chart that I have just print- Mississippi ...... 3,996,000 6,593,000 +2,597,000 ons. They are sitting there with not a Missouri ...... 11,616,000 9,478,000 ¥2,138,000 ed in the RECORD. prisoner in them because they do not Montana ...... 1,040,000 0 ¥1,040,000 To illustrate the problem with these Nebraska ...... 2,329,000 2 0 2 0 have the money to operate the prisons. Nevada ...... 4,188,000 6,614,000 +2,426,000 changes, conditions, let me review the They needed them badly but did not New Hampshire ...... 1,248,000 2 0 2 0 situation from my home State. First of New Jersey ...... 8,152,000 14,185,000 +6,033,000 have the budget to operate them. This New Mexico ...... 3,050,000 2 0 2 0 all, truth-in-sentencing grants: The just does not make sense. New York ...... 54,953,000 45,227,000 ¥9,726,000 conference report changes both the North Carolina ...... 13,892,000 10,310,000 ¥3,582,000 When the 1994 prison provisions were North Dakota ...... 893,000 5,392,000 +4,499,000 standard and the language so that de- written we heard from several States Ohio ...... 16,313,000 11,293,000 ¥5,020,000 spite the fact that Delaware, unlike all

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18144 CONGRESSIONAL RECORD — SENATE December 7, 1995 but one other State in America, keeps Judiciary Committee again, assuming I Committee. I did that, and I became its violent criminals behind bars for 90 get reelected, which is certainly an as- the senior Democrat on that com- percent of the time for which they are sumption, and assuming the Democrats mittee—sometimes running it on the sentenced—unlike Pennsylvania or take back this place, I want to hire one minority side, sometimes the majority Maryland, my neighboring States, or of the staffers who gave this idea to side. New Jersey, it is one of the highest Senator HATCH, because it is magnifi- It took me all this time to figure it rates in the Nation, according to the cent. out, you steered me wrong, Boss. You Bureau of Justice Statistics—because The only States in the Union that did not send me the right way. I should Delaware State law only refers to a 75 really do not keep their folks in prison have gone to appropriations, because percent floor, Delaware is not eligible are the ones with indeterminate sen- anything I do in that committee—it for truth-in-sentencing grants under tences, but they are the ones who qual- took me 6 years to put this bill to- this little change. ify to be the toughest because, by defi- gether. We fought it and fought it and Second, general grants: The con- nition, you would have kept them in as fought it and fought it, and when you ference changes the rules to require in- long as they were supposed to be in be- came up with harebrained ideas like in- creased time served by State prisoners cause you never said how long they had determinate sentencing qualifies, I was since 1993. Well, Delaware’s truth-in- to be in. So, then, all of a sudden, when able to whip you straight up and down. sentencing law came into effect in 1990. you release them, they had been in all But now I do not even get a chance to We have been doing the right thing the time they were supposed to. That is do that. since 1990. But, no, it gets changed. brilliant, absolutely brilliant. But it So, I am at some point going to offer Delaware cannot increase the time does not have a darned thing to do with an amendment saying that the U.S. served since 1993 since we already did it what was the intent of the law. This is Senate should meet as a Committee of in 1990. You cannot get above 100 per- a definition of a self-fulfilling proph- the Whole, and we should call ourselves cent. That is just one illustration how ecy. the Appropriations Committee, and we my State and many others are going to The bottom line of all this is 34 all get a chance at this. I would like to be out in the cold. States can expect to lose prison money get in on this. It is one illustration out of the con- under this conference report. Again, I Russell Long, Senator Long, with ference report that cuts prison dollars have to admit, I admire the ingenuity whom I served for a long time—not for a State. I am sure there are other of my friends. I might add, though, it is nearly as long as the Senator from explanations where other States will easier to do this—I wonder what would South Carolina did—used to use that have their prison dollars slashed if this happen if we had to vote as if this were expression ‘‘I ain’t for no deal I’m not conference report were to become law. a crime bill. If this were a crime bill, in on.’’ It is obvious I am not in on this My staff has prepared this for me, you would have to defend that. You deal anymore. I authored the bill, but I and the title of the next section is would have to defend it. You would am out of it. I do not even get to de- ‘‘Why Does Utah Do So Well?’’ The have to stand up and say why that is a bate it in the usual form where you get conference report includes a special ex- good idea, and I would beat you. I to vote on it. If my friends are willing ception, one that appears to help Utah would beat you even on your side. I to have a freestanding amendment on and perhaps a few other States, in the would even get Republicans to vote this, we could ask unanimous consent truth-in-sentencing prisons. with me. to waive the rules to allow a vote on Section 20104, subsection (a), sub- But you figured out a way to keep the prison funding piece. I would wel- section (3) permits only those States that from happening. You put it in an come that. In the interests of fairness, with indeterminate sentencing to meet appropriations bill so we do not have to they might be willing to do that. What the 85 percent truth-in-sentencing do that. We can avoid the messy stuff do you think? I know the Senator from standard if they serve 85 percent of of legislating. We can avoid the messy Massachusetts would support me in their time under the State’s sentencing process of having to stand up and vote that effort, I expect. Maybe we ought and release guidelines. on this stuff. Do you remember how to do that. But I have a feeling we are Translated, if you have indetermi- many votes we had on prison funding not going to get to do that. nate sentencing, you get the money. when we had the crime bill up? It went There is another effort that is al- Well, far be it for me to criticize that. on and on and on. ready underway. That is that thing Some day I hope to be chairman of the The reason I point this out again—I called the Drug Court Program. This is committee again and I hope to take un- mean this sincerely—is not to criticize a long-overdue drug program to crack fair advantage of the process for my Senator HATCH. I think it is a great down on—let me give you the num- State. I am not criticizing, but I am idea. I think if I were he—I wish I had bers—600,000 drug-abusing offenders complementing my friend from Utah. thought of it. But I want to tell you, who are on our streets today, subject He does what a good chairman should the bottom line is 34 States are going to no random drug testing, no manda- do. He changed the law to benefit his to get less money. If we voted on that, tory treatment, and no threat of pun- State at the expense of other States. I from my 23 years here, the calculus ishment. understand that. I would do the same usually means 34 States beat the re- Let me translate that for you. Mr. thing if I were in his position. It is le- mainder. But, I say to the ranking President, 600,000 folks who were ar- gitimate. But I just point out that member of the committee, these guys rested—actually there were about 1.4 Utah has indeterminate sentencing. did it well. They did a good job. They million or 1.6 million arrested in Amer- Second, the term ‘‘sentencing and re- really rode you. You did not have the ica—1.4 million. And here is what hap- lease guidelines’’ has some circular votes. I know you fought like the devil pened. There are a total of 2.7 million logic. The only way someone can get on this one, but they did it well. This State offenders who are on probation. out of prison under an indeterminant is really a masterful piece of work. There are 1.4 million drug offenders on sentencing law is either when they In the absence of my friend from probation. There are 800,000 of that 1.4 have served a maximum sentence or South Carolina from the floor—I do not million who are being tested and treat- under some sort of release guideline. want to get him in trouble, but he is ed. And there are 600,000 convicted— So this definition is a self-fulfilling the guy primarily responsible for get- convicted—convicted drug offenders; prophecy. Prisoners have to serve 100 ting me elected, if anybody had helped not arrested. These are people who ei- percent of the time they have to serve. me, in 1972. But I kind of have a grow- ther pled guilty or have been convicted That is kind of fascinating, is it not? ing resentment toward him. He did not in a court of law, who are on the If it is indeterminate, you say at the tell me to get on the Appropriations street—no probation, no parole, no end of this, they served all the time Committee when I got here. I thought testing, no treatment, ‘‘no nothin’,’’ as they were supposed to serve so now you legislated here. I thought the proc- my Aunt Gerty used to say, ‘‘no they served 100 percent of their time so ess was, you were to get on authorizing nothin’.’’ now you qualify for that pot of money. committees. If I wanted to change the So we came up with an idea. We actu- I think it is really good. I mean, it is criminal justice system, I thought I ally got it from a Republican judge in admirable. If I become chairman of the was supposed to get on the Judiciary Delaware, and Dade County, FL. It is

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18145 called drug courts. Let me tell you the violence against women law. So it costly, the least administratively over- what drug courts do. They capture is not cut here. I guess my Republican burdened manner—was a direct re- those 600,000 folks and they say, ‘‘Here friends have heard the call that they sponse from police officers themselves, is the deal. You either—you are subject had better not fool around with that from police chiefs themselves, and to random drug testing. If you have a piece of it. from mayors all across this country job, you have to keep a job. If you are The reason I am taking so much time who simply did not have the ability to in school, you have to stay in school. today knowing that this is going no- respond to this crime wave? You have to show up for intensive pro- where anyway—it is going to be de- Mr. BIDEN. I say to my friend that bation. And if you do not do any of feated—is this is my attempt to play a he is absolutely categorically correct. those things, you go to jail—probably small part in raising the same kind of And there is one other piece of this. one of the boot camps which we fund- call. The new call is OK. We finally got After years of hearings, extensive hear- ed.’’ the Republicans to not fool with the vi- ings on the issue of violent crime in But my Republican friends—who I olence against women law. They are America—I realize it does not mean think are getting soft on crime, if not not going to. They will not have the much in the new process; you just do soft in the head on this stuff—they de- nerve to try to cut that again. They appropriations—but after years of cided we might as well let those 600,000 will not have the nerve to try to cut it hearings, there are only a few things folks wander the streets, every one of again. that we know about crime. The Sen- whom is an accident waiting to happen. But guess what, folks? They are now ator, as a former prosecutor, knows Every one is an accident waiting to going after your cops. The answer is this better than the Senator from Dela- happen. going to be, look, we are not cutting ware. If there is a cop on one corner, Before they put drug courts in Dade anything. The total dollars are cut, but and there is not a cop on the other, it County, FL, the rearrest rate for one- we are not cutting anything. We are is much more likely that the crime time drug offenders was 36 percent. just telling the States we are giving will be committed where the cop is not. After several years of these drug you a pot of money and you do with it I mean it sounds bizarre. We do not courts, the rearrest rate is down to 3 what you want. So if you want to hire know that much about criminal behav- percent. These work and they work in the cops, you can hire the cops. ior except we know that where there my State. Mr. KERRY. Will my colleague yield are cops and where there is light there But what is the wisdom here? It is for a question? is less crime—prevention of crime; let better to be soft than tough? Let us do Mr. BIDEN. Surely. alone the arrest and prosecution, pre- away with this program. The Justice Mr. KERRY. As a preface to a couple vention of crime. Department has already funded efforts of questions, I’d like to thank the Sen- So the purpose of the 100,000 cops and to help local officials plan 52 new drug ator and ask to be completely associ- the purpose for the request from the courts, begin 5 new drug courts and ex- ated with his comments—the extraor- cops was that they are outmanned, pand 8 other drug courts including one dinary, astute, and accurate com- they are outgunned, and they are out- in my home State, that a Republican ments—that precede these questions. witted because of all the array of tech- court, a Republican judge, a Repub- I also would preface it by saying that nology, the new and the different na- lican attorney general have put to- there is nobody in the Senate who has ture of crime in America. That is why gether. worked harder to produce a real com- we need more cops. That is why they Despite this concrete record of suc- prehensive, systemic response to crime asked for them. cess, the conference report would than the Senator from Delaware. Mr. KERRY. If I could further ask eliminate the separately targeted $150 But, is it not true—I ask the Senator my friend a question, is it not also true million Drug Court Program and re- having worked together with him on that while some communities may de- quire States to fund drug courts, if at this question of police officers and cops cide they do not need nor want a cop, all, out of the money that could be on our streets—that today we have, I for that community that might make spent on hiring cops on the beat. In believe, one-tenth the effective that decision, there are probably 10 or real terms, this could mean about strength of police officers in the streets 15 or 20 or 100 other ones in the country 85,000 drug-abusing offenders will not that we had 30 years ago? Is that not that could use 2 or 3 or 4 cops but be subject to drug testing and manda- true? which cannot get them because even tory treatment. Mr. BIDEN. That is true. If I can ex- the 100,000 cops is not enough to do The other provisions of the 1994 pand 60 seconds on the answer, I say to what we ought to be doing? crime law that are not affected by this my friend that 30 years ago for every Mr. BIDEN. I answer my colleague by bill are also proving to be very effec- crime committed, every felony com- saying the following: Look at the ap- tive in combating crime, such as provi- mitted, there were three cops. Today plications that have come in. I will sions against sexual offenders, death for every three crimes committed there once again compliment the Attorney penalty provisions, the Brady law, the is one cop. There used to be three cops General. Find me a cop in your State criminal alien provisions. for every felony committed. Now we or in the State of California, New The reason I say ‘‘not affected,’’ re- have for every cop three felonies com- Hampshire, or South Carolina rep- member we had this debate before. My mitted. Of the 20 largest States in the resentative of Senators on the floor, or Republican friends decided what they Nation, if you look at the last 10 years, Colorado, who calls the process burden- were going to do is cut money for the the increase in their police force is some; the one-page application, No. 1. violence against women legislation and about 1 percent. Even though the popu- No. 2, of the applications every single do it by the appropriating process. Do lations are growing, the crime wave is month there are more applications it that way. Legislate it that way. And growing above that. The 30-to-10 num- than there is money. They would prob- the distinguished Senator from South ber the Senator suggests I cannot ably be able to sustain 200,000 more Carolina came along and said—which swear is the number, but it is close. cops. I am pulling that number out. I he always does, and I am grateful—‘‘By Mr. KERRY. From 1971 to 1990, in the do not know for a fact. I know there the way, Joe, let me tell you what is midst of this increase in crime wave, are more applications than there is coming.’’ And through his leadership and in the midst of the diminution in money. we sort of just stood up and said, ‘‘Hey, the number of police officers, we in- Since my time is running out, I only look what they are doing.’’ creased the Federal spending on law- have 3 minutes left, I am told, may I We didn’t do anything special. They yers and public defenders by 200 per- conclude rather than answer, on an- insisted they were going to make the cent, and we increased prison spending other question? cut. We were going to debate it. We by 156 percent. But we only increased I would like to reiterate that in its hung on, hung on, hung on, and the the spending on police officers by 12 breadth the 1984 crime law reflects the very guy who suggested the cut—and I percent. lessons that have been learned over the admire him, I truly do, Senator GRAMM I ask the Senator, is it not true that past decade as we studied crime and of Texas—he ended up introducing the the effort to put 100,000 police directly law enforcement, and have worked on amendment to restore the money for into the streets of America—the least passing this law. And in its approach,

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18146 CONGRESSIONAL RECORD — SENATE December 7, 1995 as well as in its many specifics, the law every new cop that this new bill has in First, as I’ve mentioned, it would was a result of bipartisan efforts. We fact funded so far, just ask the police eliminate the 100,000 cops program es- should not retreat on this tough but chief, or the commissioner of police, tablished 1 year ago in the crime law smart crime package. It already is hard for whom that cop works, to list the and maintained in the Senate appro- at work preventing violent crime number of dollars that cop has made. priations bill. across the country. We should not re- Then go get the names of the people The 100,000 cops on the beat program treat on the 100,000 cops program that that police officer has collared, has ar- has already funded more than 25,000 we insisted on just a few months ago. rested—the criminal who he gets who new police officers across the country Let me point out that the $30 billion names the victims. And then you go in its first year alone. And police de- ask those victims whether or not this crime trust fund that uses the savings partments across the Nation have al- crime law made any sense. from cutting 272,000 Federal bureau- ready applied for more than one-half of crats—160,000 have already left—pays This all comes down to the little tiny things, and the little tiny things here a billion dollars in fiscal year 1996 to for every cop, for every prison cell, and fund more than 9,000 new police. These for every shelter for a battered woman are making sure there are fewer vic- tims of crime, and that those victims pending applications are now threat- and child. That is provided for in this ened by this conference report. crime bill without adding to the deficit are in fact getting their day if court, or requiring 1 red cent additional in and that they find the bad guy. That is In its place is a law enforcement taxes. That was the deal we made right why we need more cops. block grant program that is written so Mr. President, I rise in opposition to here on the Senate floor 1 year ago. broadly that the money could be spent Now my Republican colleagues are the Department of Justice appropria- on everything from prosecutors to pro- trying to block out what we did, and tions in this conference report and the bation officers to traffic lights or park- back out of the deal by refusing to attempt by my Republican colleagues ing meters—and not a single new cop. to rewrite anticrime legislation on an write the checks for next year’s fund- This block grant has never been au- appropriations bill. ing of the crime law. The money is thorized by the Senate. there in the trust fund. PROCEDURAL OBJECTIONS It is, in my view, a terrible idea to Let’s be clear on what is being done I have tried today to outline my ob- here. What this conference report does jections to the Republican retreat rep- rewrite crime policy—wiping out major programs the senate created only last is take a crime bill that has been resented by this conference report on passed only by the House, whose funds the key provisions of the anticrime law year and replacing them with new pro- grams without review or debate—on an have been authorized only by the last year. House, whose block grant idea has al- So I urge my colleagues to consider appropriations bill. It is unnecessary and completely contrary to how the ready been rejected by the Senate, and very carefully whether this is the right incorporate it into the appropriations form, the right idea, to dismantle these Senate has traditionally worked. We all know the Republicans want to bill so it is passed and funded—all in vital parts of the already successful change the crime law now at work. one fell swoop. and highly popular crime bill. They said so in their Contract With In the end I suspect that the merits I will speak more about the 100,000 America. House Republicans passed a will speak for themselves, and the cops program in a minute, but let me new bill. American people will decide whether it note that, in addition, the bill would Here, Senators DOLE and HATCH in- completely eliminate or severely re- is a good idea to take this trust fund troduced their bill to change the 1994 money and spend it on 100,000 cops and strict other programs set up by the 1994 crime law. They have every right to crime law—programs like: the drug the other programs here, or reduce it try to do so. and send it out in block grants. And court system, the rural drug enforce- But they have not chosen to do so. ment grant program, the law enforce- $525 million in applications are out Their bill has never been acted on by there as we speak. Already, as of No- ment scholarship program, the SCAMS the Senate, or even had one hearing. Program fighting telemarketing fraud vember 16, the Justice Department has Instead, what we now have with this received applications for an additional against senior citizens, and tried and conference report is an attempt to tested programs that fight youth vio- 9,100 cops under the 100,000 cops pro- change the current law by lifting en- gram beyond the 26,000 that have al- lence, for example, by putting boys and tire parts of the crime bill passed in girls clubs in housing projects. ready been granted. the House and attaching them to this This is concrete evidence that the appropriations bill. That House crime Under the 1994 crime law, these pro- 100,000 cops program is working, is nec- bill has already been rejected by the grams were targeted for separate funds essary, is local, and is needed. The shift Senate when we amended the appro- in addition to the funds for the 100,000 to a block grant is wrong for many rea- priations bill to restore the 100,000 cops cops program. But under the con- sons. The 9,100 additional police that on the beat program a couple of ference report, mayors would have only are all ready to go and waiting for us months ago. the amount of the block grant—out of only to finish this political debate, is This blatant attempt to sidestep the which all efforts would have to be fund- the most important reason why to shift usual deliberative process of this body ed. the block grant is the wrong thing to is, I believe, a terrible way to make The result will be that proven crime- do. Let us not try to change horses in law. fighting programs that the Congress midstream. This program is working. This bill is, of course, dead. It will be voted to support last year would be ef- If my Republican friends need to be vetoed because, among other reasons, fectively eliminated, all without any able to say they have a Republican it eliminates the commitment the consideration by the Judiciary Com- crime bill so that they can meet their President and Congress made to the mittee or the full Senate as to the wis- contract pledge, let them pass the American people to get 100,000 cops on dom of these changes. And all with the antiterrorism bill that we passed. It is the beat. And it will continue to be ve- strong opposition of the Nation’s law the Hatch-Biden bill. Let us call it the toed until my Republican colleagues enforcement community. Hatch-Republican bill. Let that be get the message that there will be no Mr. President, if we are going to leg- new crime bill without the 100,000 cops your crime bill. You can go back to islate by fiat like this, then we might on the beat program. The Senate has your Republican conservative friends as well do away with committees, with already rejected this bill without the and say, ‘‘You have a crime bill’’—in hearings, with subcommittee markups, 100,000 cops program and it should do so order to meet a pledge that no one with full committee markups, and with again. signed on to to dismantle one of the careful consideration of authorizing few big Federal programs that is work- OVERVIEW OF THE PROBLEMS WITH THE BILL legislation. ing, working well, working without ad- Notwithstanding that we’ll be right ditional bureaucracy, and to do the job. back here doing this again in a few We could simply do all the Senate’s Let me say in final conclusion, if you days, I’d like to list and then explain business on appropriations bills. doubt what I am saying, I challenge some of the major changes this con- I, for one, happen to believe that’s a you to go home and find out that for ference report proposes. terrible way to proceed and I believe

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18147 that’s reason enough to oppose this The President requested $378 million lence against women statute, resulting bill. The American people are not well for this program—but the Republican in a life sentence for Christopher J. served when major policy changes are conference cut this amount by $19 mil- Bailey, who kidnaped and beat his wife made under the time limits facing us lion. This means that we will cut this nearly to death. on these appropriations bills. important drug-fighting capability In addition—charges have already If the Republicans want to change below the 1995 level. been filed in another case. the crime bill, they have the right to In other words, we are not talking Every State has received a grant to try—but let’s do it the right way and about less of an increase—we are talk- increase police, prosecutors, and vic- then let’s vote on it. Wiping out major ing about cutting a significant part of tim services to combat family violence. pieces of the most significant anti- this program. Rape shield laws have been extended crime legislation ever passed by the Let me also point out that the Re- to protect more victims. Congress on an appropriations bill publican conference report cuts the And women no longer have to pay for makes a mockery of our Senate proc- President’s budget request for U.S. at- medical exams to prove they are ess. The importance of the programs torneys—our Federal prosecutors—by raped—the victims of rape are finally we are considering, not to mention the $13 million. The President requested an being treated like the victims of any perception of our institution, demands increase of $86 million to boost Federal other crime. better. prosecutors, but the conference report These long overdue measures mean But, given that we are here, I will in- backed away from this commitment. that women are now being protected— sist on a full opportunity to debate In short, this conference report cuts instead of further victimized—by the with my colleagues the merits of last the President’s request for Federal law criminal justice system. year’s crime law programs affected by enforcement. So our Federal effort Another major accomplishment this bill. against crime and drugs will be fought under the 1994 crime law is the mili- Before I do that, I first want to brief- by—fewer FBI agents; fewer DEA tary-style boot camp prisons: crime ly point out that another Republican agents; and fewer Federal prosecutors. law dollars are already at work helping plan in this conference report is to What is one to conclude from the ef- 27 States plan, build, and run military- drastically cut Federal law enforce- forts of the Republicans to gut the style boot camp prisons for non-violent ment. This conference report cuts the 100,000 cops on the beat program and offenders. FBI by $112 million below the Presi- severely reduce Federal law enforce- Boot camp prisons allow States suf- dent’s request—so new FBI agents will ment? Is it that tax cuts to a few are fering from overcrowding problems to not be hired; cuts the Drug Enforce- more important than protecting the move non-violent prisoners into cheap- ment Agency by $5 million below the safety of average Americans? er space—boot camps cost about one- President’s request; cuts interagency Now I’d like to return to the merits third the price per bed than conven- drug enforcement by $15 million below of the 1994 crime law. tional prisons—thereby freeing up 1995 and $19 million below the Presi- THE 1994 CRIME LAW IS WORKING space for most violent offenders. dent’s request; and cuts Federal pros- The passage of the major $30 billion Yet another effort that is already un- ecutors by $13 million below the Presi- anticrime package last year capped a 6- derway is the drug court program—a dent’s request. year effort to launch a bold, com- long overdue program to finally crack Let me address these cuts to federal prehensive, and tough attack on vio- down on the 600,000 drug-abusing of- law enforcement. The president re- lent crime and its roots in American fenders who are on our streets today, quested an increase of $337 million for communities. subject to no random drug testing, no FBI agents and other FBI activities— And as we pass the 1-year mark, it is mandatory treatment, and no threat of but the Republicans cut $112 million already clear that the major programs punishment. from that request. of the bill are working even beyond ex- The Justice Department has already We frequently hear claims in Con- pectation. funded efforts to help local officials gress of how much we support law en- Consider the 100,000 cops program. If plan 52 new drug courts, begin 5 new forcement. this had been a typical grant program, drug courts, and to expand 8 other drug But, as the saying goes, talk is the Federal Government would just court programs (including one in my cheap. Talk—without the commitment now—at the end of the first fiscal year home State of Delaware.) of dollars—is meaningless. The Repub- of funding—be preparing to issue the Despite this concrete record of suc- licans on the conference have failed to first awards. cess, the conference report would fund the President’s request for Fed- The better part of a year would have eliminate the separately targeted $150 eral law enforcement, despite all the been consumed drafting regulations million drug court program and require talk about being for law enforcement. and preparing application forms before states to fund drug courts, if at all, out Let’s look at these cuts to Federal money could finally be disbursed at the of the money that could be spent on law enforcement: the conference report end of the year. hiring cops on the beat. In real terms, cuts $5 million from the $54 million The implementation of the 1994 crime this could mean that about 85,000 drug boost requested for Drug Enforcement law stands in stark contrast to that abusing offenders will not be subject to Agency agents by the President. typical scenario. Instead of requiring drug testing and mandatory treatment. Again, we hear a lot of talk about burdensome applications that often Other provisions of the 1994 Crime how we need to do more to fight illegal filled entire binders, one-page applica- Law that are not affected by this bill drugs, and there is much finger-point- tions were developed. Instead of wait- are also proving to be very effective in ing about how the administration ing until the end of the year to dis- combating crime, such as the provi- should do more—but in the end it is the burse the funds, the money was award- sions against sexual offenders, the Congress that fails to fund the drug en- ed in batches beginning only weeks death penalty provisions, the Brady forcement requested by the President. after passage of the law. Law, and the criminal alien provisions. In yet another important area, let’s As a result, we find ourselves at the So, Mr. President, last year’s crime review what has happened in inter- end of the first year with nearly all the bill has achieved an extraordinary agency drug enforcement. The orga- fiscal year’s money out the door—all of measure of success during its first year nized crime and drug enforcement task the funds have already on their way to in operation. forces combine the efforts of the FBI, the States—and with more than 25,000 Yet, despite all of these accomplish- Drug Enforcement Agency, U.S. Attor- out of 100,000 cops already funded in ments under the 1994 Crime Law, the neys, Immigration and Naturalization every State in the Nation. In a word, anti-crime law is still under attack by Service, Marshals’ Service, Customs the law is working. the Republicans. Just as the entire Service, U.S. Coast Guard, and the In- In addition to the new police, the scheme of anti-crime initiatives is tak- ternal Revenue Service—all working law’s provisions combating violence ing hold, they would eliminate or dis- together in 13 regional task forces to against women are also working. mantle many of the law’s critical pro- target and destroy major narcotics The first criminal has been tried and grams and reverse the progress that is trafficking organizations. convicted under the new Federal vio- being made.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18148 CONGRESSIONAL RECORD — SENATE December 7, 1995 So while it is important to note the and moving forward to critical new loopholes so big that it would permit success we are having in implementing challenges, the Congress of the United all the money to be spent without hir- the act, that is not enough. States is in full retreat. The House has ing a single new police officer. Not one. We must also review at this point already dismantled the crime law, and Read their proposal. Money is sent why the 1994 Crime Law represents the now the Senate will decide whether it not to police but to mayors, and the right approach to reducing the problem will follow suit. money may be used not only for cops of violent crime in this country and This premature about-face after fi- but also for other types of law enforce- why Republican proposals would pre- nally putting in place the most com- ment officers or for many other pur- maturely divert us off the right track prehensive and carefully crafted set of poses or initiatives. Moreover, the and unwisely point us in the wrong di- anti-crime programs in our history is money could be used for other vaguely rection. not only foolish but irresponsible. defined purposes such as ‘‘equipment, THE MERITS OF THE 1994 CRIME LAW We owe it to the American people to technology and other material.’’ During the six-year period it took to follow through with the measures we Let me repeat—under the Republican enact this law, we undertook a major promised them and which they de- proposal the dollars can be diverted to study and evaluation of the current manded for the past several years. prosecutors, courts, or other law en- system to pinpoint the weaknesses in Let me address the merits of these forcement officials. anti-crime approaches. And for the programs. These may be worthy causes, but first time, the Federal Government THE 100,000 POLICE PROGRAM nothing in the Republican bill requires made a major commitment to help Let me turn first to the central pro- that even $1 be used to hire a single states and localities—where 95 percent vision of the new law—the 100,000 cops new police officer—and the one thing of crime occurs and is prosecuted—re- on the beat program that I will fight we know is that more community po- dress the greatest shortcomings of our with all my might to preserve. lice officers means less crime. system. I do not know a single responsible po- Look at the language of this bill. Not In the course of the crime study, six lice leader, academic expert, or public even one new cop is required. All it key shortcomings of our current sys- official who does not agree that put- says is that ‘‘recipients are encouraged tem became evident: ting more police officers on our streets to use these funds to hire additional 1. Most importantly, we do not have and in our neighborhoods is the best law enforcement officers.’’ That’s it. enough police out on the streets and in way to fight crime. Encouraged. our neighborhoods. Community policing enables police Mr. President, American commu- 2. We do not have enough prison cells to fight crime on two fronts at once— nities don’t need our encouragement. for violent offenders —so they end up they are better positioned to respond They need more police. serving, on average nationwide, only 46 and apprehend suspects when crime oc- We should not encourage the States percent of their sentences. curs, but even more importantly, they to keep the commitment this Congress 3. We have not come up with an effec- made to the American people. We tive response to criminals who abuse are also better positioned to keep crime from occurring in the first place. should keep our word. drugs. What this conference report does is 4. We do not treat family violence as I’ve seen this work in my home State take money that has been designated serious crime. of Delaware, where community polic- for cops on the beat and allows it to be 5. Our police are outgunned by crimi- ing in Wilmington takes the form of nals. foot patrols aimed at breaking up the used for a whole host of disparate pur- 6. And our nation’s troubled chil- street-level drug dealing that had poses. That means only one thing for dren—who are growing up in a world of turned one Wilmington neighborhood sure—the money will be wasted on illegal drugs, guns, crime and vio- into a crime zone. things the Federal Government should lence—don’t have safe places to go and These efforts successfully put a lid on not be funding. The great benefit of the lack positive activities to motivate drug activity, without displacing it to 1994 crime law was that it gave States them toward productive endeavors. other parts of the city. In practice, enough choice but also gave them The comprehensive anti-crime bill community policing takes many forms, enough direction. That direction is passed by the congress last year was but regardless of the needs of par- what differentiated this crime law designed to address each of these key ticular communities, the reports from from the failed crime laws of the past, shortcomings. the field are the same—it works. yet that direction is precisely what This law is now providing an unprec- The 1994 crime law targets $8.8 billion this block grant throws out the win- edented infusion of Federal dollars to for states and localities to train and dow. states and localities—to help them at- hire 100,000 new community police offi- That is the major flaw of the Repub- tack crime both at the back end—with cers over 6 years. lican block grant. more money for law enforcement and Now, we all remember the criticism I believe that the single most impor- prisons; and at the front end—with last year of the 100,000 police program. tant thing our communities need when more money for prevention programs The cops program won’t work, Repub- it comes to fighting crime is more po- that can help keep would-be criminals licans in Congress said. They got lice, and the current law guarantees off the road to ruin in the first place. Charlton Heston to say in national tel- our money will be used for just that The Crime Law reflects the primary evision ads that it would never happen, purpose. lesson learned over the last decade as that we would never see more than We should not abandon it 1 year after we studied crime and law enforce- 20,000 cops. enacting it. We must save the 100,000 ment—that all of the shortcomings in Well ‘‘Moses’’ could not have been cops program to ensure that the money our system must be addressed together, more wrong. We already have 25,000 for police is used only for police. that correcting one without the others new local police officers on the streets PRISON GRANTS is futile—because crime offers no sin- of America—after only 1 year under the The second major shortcoming in the gle, easy answer. new law. And because of the way we’ve current system is prison space, and the I had hoped to spend this year watch- set it up—with a match requirement prison program in the crime law we ing over the smooth and speedy imple- and spreading out the cost over a pe- passed last year was designed to meet mentation of the law, while turning my riod of years—the money will continue two goals: focus to those substantial crime-re- to work, keeping these cops on the beat First, to help States increase—and lated issues still before us—including a and preventing crime in our commu- then use to maximum advantage—their renewed fight against illegal drugs, and nities far into the future. supply of prison space; and second, to reform of our juvenile justice system But that progress will come to a encourage States to adopt the kind of as it struggles to deal with violent screeching halt if my Republicans col- truth-in-sentencing system that has young criminals the current system leagues get their way. been instituted at the Federal level. was never designed to handle. They have proposed and incorporated Today, prison systems in 34 States But instead of building upon the suc- into this conference report a new law are under court order due to over- cess the crime law already is having enforcement block grant—which has crowding.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18149 Because there are not enough prison costs, but the 1994 crime law recognized until after our children become ad- cells, many States are keeping violent that crime is plaguing all states not dicted to drugs, until after more Amer- criminals behind bars for only about just a few of our Nation’s largest bor- icans’ lives are ruined. half their sentences—46 percent is the der States. The anticrime law enacted last year nationwide average. FIGHTING DRUG RELATED CRIME answered that question unapolo- Worse yet, 30,000 offenders who, each The third major shortcoming of our getically. year, are convicted of a violent crime current system is the failure to limit In addition to fighting crime, the law are not even sentenced to prison. drug-related crime. made a commitment to preventing The 1994 crime law is helping States The new law provides money for spe- crime—a commitment supported by respond to this problem with a $9.7 bil- cialized drug courts to target low-level virtually every criminologist, every lion grant program. drug offenders who are out on the legal scholar, every sociologist, every Under the 1994 law, States can use streets breaking into cars and stealing psychologist, every medical authority, the money to build and operate addi- to support their habits. and simple common sense. tional secure prison cells for violent In most communities, these offenders Those who study this issue agree that criminals—or for boot camp prisons for are now largely ignored by our system. breaking the cycle of violence and non-violent offenders, thereby freeing They do not go to prison and they are crime requires an investment in the up secure prison spaces for violent not required to comply with drug test- lives of our children—with support and criminals. ing or get treatment. guidance to help them reject the vio- Let me tell you about these boot Most are simply sent right back out lence and anarchy of the streets in camps. Today, 160,000 young, non- on the streets on largely unsupervised favor of taking positive responsibility violent, minor offenders are behind probation—and they go right back to for their lives. Prevention is also what cops want— bars in costly prison cells. That just the cycle of drug use and crime to sup- what virtually everyone in law enforce- does not make sense. port their drug use. ment wants. So the law encourages States to The heart of the problem is that, just make the most efficient use of existing Every police officer I have talked to, like the prison populations, the proba- every prosecutor, every prison warden, prison cells—by putting violent offend- tion and parole populations have ex- ers in the most expensive cells, and every probation officer, says the same ploded. More than 3.5 million offend- thing—we can’t do it alone. And we housing nonviolent, minor offenders at ers—half of them drug addicts—are one-third the cost of conventional pris- can’t do it all after the fact. now living in their communities under And listen to local officials—the very on space in military-style boot camps. the nominal supervision of courts or people the Republicans say they want I am encouraged that the Repub- corrections officers. to give greater voice: Republican may- licans’ prison proposal permits States According to the Justice Depart- ors Giuliani of New York and Riordan to use this funding for boot camp pris- ment, of the roughly 1.4 million drug- of Los Angeles say this: [B]y funding ons—that is an important change from abusing offenders on probation, only proven prevention programs for young the house-passed appropriations bill. 800,000 are subject to some drug testing people, the crime bill offers hope—hope KEY PROBLEMS WITH CONFERENCE PRISON PLAN or drug treatment. The remaining that in the future we can reduce the One key problem with the Republican 600,000 drug-addicted offenders are on need for so many police officers and prison plan is that the plan permits our Nation’s streets each day, unsuper- jails. States only to build or expand pris- vised, untested, with no fear of punish- Listen to Paul Helmke, the Repub- ons—leaving out the ability to spend ment. They are accidents waiting to lican mayor of Fort Wayne, IN: [I]t’s a these funds to operate prisons. happen. lot less expensive to do things on the This just does not make sense, when Many of these probationers are high- prevention side than on the police side. the 1994 prison provisions were written, rate offenders. Hard-core addicts are This unity among law enforcement we heard several States had already estimated to commit up to 200 crimes a was the force that drove the prevention built prisons, but could not open these year to support their habits. programs into the 1994 crime law and prisons because of a lack of operating As the number of probation officers into the appropriations bill as passed funds. has not kept pace with the growth in by the Senate just a few months ago. A close look at the fine print of this the probation population, probation We need to give these programs a bill reveals what I believe is one of its caseloads now average 118 offenders. chance. If after a few years the preven- most troubling aspects. While $617 mil- In some areas, caseloads can exceed tion programs in the anti-crime law do lion is appropriated for the prison 200. not work, I will be first in line to grants in the conference report, the Re- With so many offenders, officers are change it. publican conferees raided $200 million able to conduct only minimal super- The 1994 crime law sets aside $5.4 bil- of that to fund prisons in just 7 or 8 vision at best—perhaps 15 minutes a lion to give States money—and flexi- States. week. bility—to implement many types of Let me explain—the bill directly We know who these people are. crime prevention programs that have funds $300 million to reimburse States Judges and probation officers have proven track records of success. for the costs of housing criminal aliens their names and addresses. So why do As part of that money, $30 million is in State prisons. This was a provision we ignore them? allocated to fund crime prevention pro- included in the 1994 crime law, and I Drug courts are designed to take grams such as TRIAD and boys and support this goal. But, on top of that these offenders and their crimes seri- girls clubs and other local initiatives. $300 million in direct appropriations to ously—offenders face random drug test- The TRIAD programs are the joint reimburse States for incarcerating ing and mandatory treatment. And, if efforts of sheriffs, police chiefs and sen- criminal aliens, language was slipped they slip back into drugs—they go to ior citizens—practical cooperation that into the bill so that an additional $200 jail. helps combat crime against our elderly million was shifted from the general Yet the Republican proposal totally citizens. prison grants for all states to the eliminates drug courts. The bill wipes In hundreds of public housing criminal alien reimbursement pro- out all funding. We must preserve the projects across the country, boys and gram. necessary money to fund the drug girls clubs give kids a safe place to So I point out to my colleagues—if courts. hang out after school—a place with you are not from Arizona, Florida, PREVENTION PROGRAMS positive activities and positive role Texas, Illinois, New York, New Jersey, I turn now to an issue that has been models. California, or Michigan—funds that the subject of more misinformation A recent, independent evaluation has should have gone to building prisons in and outright mischaracterization than reported that housing projects with your State have been stolen by this perhaps any other in the crime de- clubs experience 13 percent fewer juve- conference report. bate—whether we should work to pre- nile crimes, 22 percent less drug activ- This is outrageous, I support the vent crime before it happens, instead of ity, and 25 percent less crack use, than need to reimburse States for these waiting until after the shots are fired, do projects without clubs.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18150 CONGRESSIONAL RECORD — SENATE December 7, 1995 Other local prevention programs are write the checks for next year’s fund- ment. If he did, I have no doubt that having great success as well. For exam- ing of the crime law. the majority leader, the very next day, ple, in honolulu, professionals identify I have tried today to outline my ob- or one of the other Republican Presi- families at risk for neglect or abuse jections to the Republicans retreat—in dential candidates would be holding a when children are born and then visit this conference report—on the key pro- press conference attacking the Presi- their homes regularly over several visions of the anticrime law enacted dent’s position with an argument that years to help parents learn to care for last year. it would be ludicrous to disband the their children. In Houston, TX, a core So I urge my colleagues to consider only Cabinet Department that serves of professionals provides one-on-one very carefully whether this is the right as an advocate for American industry. counseling, mentoring, tutoring, job forum and the right idea to dismantle BLOCK GRANTS training and crisis-intervention serv- these vital parts of the already success- Mr. President, when I look at this ices to students at risk of dropping out. ful and highly popular crime law. bill, I think it is a little block grant Although many communities are put- In the end, I suspect that the merits crazy. It kills the Cops on the Beat ting their best foot forward, the need will speak for themselves and the Program and says make it a block and demand for prevention programs american people will decide whether it grant. far outpace the supply. is a good idea to debilitate the Crime I find this faddish obsession with And yet the Republicans have elimi- Law just as it is showing clear signs of block grants to be most interesting. It nated the separately targeted funding success. was just a little over 2 years ago that for these programs and thrown them This program is a very bad idea. I ex- President Clinton submitted a $16 bil- into the block grant—a move some pect we are going to get to debate this lion economic stimulus program. And I charge is cold-hearted and mean. But I again. So in light of that, and in light recall that it was the casualty of the say it’s just plain dumb. of the fact I have no more time—I am 103d Congress’ first filibuster in which The prevention money in the crime sorry. My staff is now fired. They gave Republican Member after Member at- law is an investment in our future that me a note saying before I had 3 min- tacked it for including block grants. we simply cannot afford not to make— utes, and now I see it is 30 minutes. But Each speaker talked about the types of not when we are spending $25 billion to I will yield the floor and reserve the re- questionable projects that could be al- lock people up every year. mainder of my time. lowable under block grants. They talked about pork-barrel swimming And there are issues here even more COPS ON THE BEAT/COMMUNITY ORIENTED important than money, because the POLICING PROGRAM pools, parking garages and canoeing fa- commitment that we make today will Mr. HOLLINGS. Mr. President, this cilities. Of course, none of those things define us as a nation tomorrow. conference report proposes to termi- was actually in the bill. But, the flexi- Prisons, though essential, are a tes- nate the successful Cops on the Beat or bility and discretion provided by block tament to failure: they are the right the Community Oriented Policing grants enabled Governors and mayors to fund such projects. And so, my Re- place for people gone wrong. [COPS] Program. This is one of the publican colleagues stood for days on On the other hand, when a life about craziest things I’ve seen since coming the floor and attacked the allowable to go wrong is set back on the right to the Senate. I had always thought uses of block grants. Predictably, there track—that is a testament to hope. that getting more police on the streets was a public outcry. In turn, they de- We build hope by showing children was a rock solid conservative, and for feated that bill, not for what was in it, that they matter, by challenging dis- that matter, a bipartisan value. If but because of the basic concept of affection with affection and respect, there was one thing I thought we all block grants. and by contrasting the dead-end of vio- could agree on, it was our belief in Now, here we are with the 1996 Jus- lence with the opportunity for a con- local law enforcement. tice appropriations bill and we have a structive life. This attack on this police program successful and effective program to That’s why we need to restore the comes as something of a surprise to hire and train tens of thousands of po- separate funding for these prevention me. I’ve looked back at the debate on lice officers and get them on the beat. programs, in addition to the funding last year’s crime bill, and what I saw And what is the opposition proposing? for the 100,000 cops program. was statement after statement by Re- To kill the program and create a block CONCLUSION publicans attacking the authorization grant that will send checks for Gov- In concluding, I want to reiterate of crime prevention programs—not hir- ernors. Unbelievable. that in its breadth, the 1994 anticrime ing police. As I recall, the only major REMEMBER THE LEAA? law reflects the lessons learned over argument against the Cops on the Beat Now, Mr. President, this block grant the last decade as we studied crime and Program was that some Republicans idea is deja vu. Those of us in the law enforcement and worked on pass- didn’t think we could succeed in get- Chamber that have been here awhile— ing this law. ting 100,000 additional police out on the those of us with an institutional mem- And in its approach, as well as in streets in America. Yet in statement ory—know that this notion of police many specifics, the law was the result after statement, they said they sup- block grants is nothing new. Back in of bi-partisan efforts. ported more police. the 1970’s, we tried a block grant pro- We should not retreat now on this Now, the tables have turned. The ma- gram for law enforcement and it was a tough but smart crime package that al- jority party is against police and the miserable failure. Our experience with ready is hard at work in preventing Cops on the Beat Program because we the Law Enforcement Assistance Ad- violent crime across the country. And are for it. That is absurd. After 29 years ministration, or LEAA, is worth re- we should not retreat on the 100,000 in the Senate, I have finally cracked viewing. cops program that we insisted on just a the code—as they say in the Pentagon. LEAA was ‘‘sooey pig.’’ It was a few months ago. In the current Senate, if Democrats boondoggle. It was all those things Let me also point out that the $30 support a program, then the majority that my Republican colleagues com- billion crime law trust fund that uses feels compelled to do the opposite. And plained about in 1993. Communities the savings from cutting 272,000 Fed- they will do the opposite even when across the Nation used their LEAA eral bureaucrats (160,000 have already they are cutting off their noses in spite block grant funds to buy tanks, cars left) pays for every cop, every prison of their faces, as in the case before us. for mayors and even encyclopedias. cell, every shelter for a battered The lesson that I guess we as Demo- LEAA funds were used to hire consult- woman and her children that is pro- crats need to learn is that we appar- ants who produced numerous plans vided for in the crime law—without ently must do the opposite of what we that only were shelved to rest in peace. adding to the deficit or requiring new think is right. Then the Republicans The LEAA was the Beltway Bandit’s taxes. will do the right thing. So tomorrow, I best friend. It was the same old story— That was the deal we made right here guess I should call the President of the Federal money was used to fund on the Senate floor 1 year ago. Yet now United States to suggest that he come projects for which Governors or city my Republican colleagues are trying to out with both barrels blazing in a call councils were unwilling to use locally- back out on the deal by refusing to to eliminate the Commerce Depart- raised funds.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18151 Quite simply, LEAA was a waste of town is enthused. In a small town like Some have said that we in Wash- taxpayer funds. By the time President Yemassee, one extra police officer has ington shouldn’t decide if local govern- Carter came to town, he had seen a tremendous impact. ments need more police. They claim LEAA firsthand as a Governor in Geor- Quite simply, in South Carolina that we should just give them a check, gia. And he knew of the program’s Fed- towns like Yemassee, Abbeville, Cal- or as this conference agreement pro- eral largesse and wastefulness. So he houn Falls, McCormick, and Mullins, poses, give checks to governors and rightfully told Congress to kill the pro- and in larger cities like Charleston, mayors so that they have the ‘‘flexi- gram. Greenville, and Columbia, the COPS bility’’ to allow them to buy other A good summary of our experience program has made a difference. Across things or establish prevention pro- with the LEAA is in the 1982 edition of the Nation, the successful addition of grams. the Congressional Quarterly: 26,000 more officers in just 2 years Well, Mr. President, the last time I Fourteen years after its creation, the Law shows that we have a winner with the checked, 10 out of 10 people who call Enforcement Assistance Administration COPS Program. For once, Congress and the police for help—are calling for a (LEAA) went quietly out of business April 15, the Administration got one right. cop. They don’t want to hear about a a demise ordered by Attorney General Wil- Let’s take a look at why. The COPS check or flexibility. They don’t want to liam French Smith but preordained in the program is focused. It has measurable know about a tank or high-falooting, final years of the Carter Administration. goals. It is all teeth and no fat. It’s ad- Dick Tracy gadgets. They want a po- In its somewhat troubled life, the grant ministrative costs are less than 1 per- lice officer to come to their assistance. agency dispensed nearly $8 billion to local cent. Compare that to the block grant There is no higher need than putting law enforcement agencies for programs such proposal, which has administrative foot soldiers out on the front lines to as improved police equipment, shelters for costs at 2.5 percent. No other federal homeless youth and special local task forces battle crime. If there are other law en- program can match the COPS pro- to prosecute ‘‘career criminals.’’ In recent forcement infrastructure needs, there gram’s efficiency. years, however, LEAA was criticized for re- are enough other existing federal pro- quiring too much red tape in its grant pro- In fact, part of the COPS program is specifically targeted to help smaller grams, such as the popular Byrne grant gram and for wasting money on Dick Tracy- program, to meet those local needs. type gadgetry. communities like Yemassee. This part, Results speak for themselves. Some COPS ON THE BEAT called COPS FAST, has no redtape. In- stead, all that is required is a one-page 26,000 police are out in local commu- Mr. President, for $8 billion we got nities that weren’t out there just two nothing from these LEAA block grant application. Also, the COPS program has account- years ago. If we stick with the COPS programs. Compare that with the Cops program, that number will be more on the Beat Program. We have spent ability. It’s no giveaway. It requires a shared commitment and responsibility than 40,000 in just another year. $1.358 billion in 2 years. Already, we Maybe that’s the problem. Maybe my have gotten more than 26,000 additional at the local level. Police and sheriffs’ departments have to make a local fi- Republican colleagues want so police officers funded to go on the beat desparately to kill the COPS program in small towns and cities throughout nancial commitment to be involved. They have to put up 25 percent in simply because it is so effective. America. Mr. President, I have received numer- I don’t believe that I have ever seen matching funds to participate. Furthermore, the COPS program has ous letters from police and law enforce- a more effective program with less red- cut administrative overhead with a ment groups across this nation that tape. And if you want to hear about the customer response center, personalized are pleading that we restore funding success of this program, just talk with grant officers, and simplified proce- for the COPS program. Let me just local sheriffs and police chiefs across dures. The Justice Department is get- quote from a few here: the country. ting out funds to small communities The Fraternal Order of Police (Presi- In South Carolina, the COPS pro- within two months of application. And dent Gilbert Gallegos): gram has funded more than 255 extra there are no middlemen. The program police to patrol communities. And it’s Since its inception in September 1994, the is fully competitive and non-partisan. COPS program has provided 26,000 state and working. Members of my staff have Finally, the COPS program has been local officers. These men and women, and traveled extensively across South working with the Defense Department those who join them as the COPS program Carolina to meet with local police to to initiate a ‘‘Troops to Cops’’ program continues to meet its goals, will play a vital find out about the program. As far as I to encourage the hiring of recently-sep- role in the effort to make our streets safe for know, there has not been a single nega- arated members of the military, such law-abiding citizens. . .. On behalf of the tive comment about the program. In 270,000 rank and file officers who make up as our friend in Yemassee. the FOP, you have our thanks and support. fact, most chiefs and sheriffs were ex- THE WAR ON CRIME National Association of Police Orga- tremely supportive of the program. Mr. President, the conference report nizations—Robert Scully, Executive Here are some typical comments we before us adds funds to hire thousands got about the program: of additional Border Patrol agents, FBI Director: ‘‘This was the easiest Federal pro- agents, federal prison guards, INS in- The National Association of Police Organi- gram I’ve ever seen,’’ one chief said. spectors and DEA agents. These are the zations (NAPO) representing over 185,000 ‘‘There is no way we could have hired rank and file police officers and 3,500 police people that my sheriffs and police associations . . . has been behind the COPS an additional officer without this chiefs in South Carolina call ‘‘the grant,’’ said another. program since day one. We oppose altering Feds.’’ Now, maybe we could use more this successful program to a block grant ap- ‘‘The application form—just one Feds. But, if we think that only they proach because we know that unless the page—was so simple. There is no way it will really make a dent in the war on monies are given directly to law enforce- could have come from Washington.’’ crime in America, we are fooling our- ment agencies to hire more police officers, Finally, listen to what was said by selves. the funds will be diverted by local bureau- the chief of police of Yemassee, a small That war is going on in every city crats with their own agendas. . . . (COPS) is lowcountry town in Beaufort and and town across America. Crime gen- the single most effective crime program Hampton counties that is a few miles erally is a local, not a federal, occur- working to make our streets safer and law enforcement sees no reason to change it. from Hilton Head Island. Administra- rence. What Americans fear most today tors with the COPS program dealt di- is violent crime in their communities Police Executive Research Forum— rectly with the Yemassee Police De- —murder, rape and robbery. Generally, Chuck Wexler, Executive Director: partment and expeditiously provided those crimes are dealt with by local po- Police Executive Research Forum mem- funding. The department was able to lice, not the Feds. This COPS program bers have spoken out strongly against the hire one additional officer, an ex-ma- is the best and most effective weapon proposed Senate block grant program which, rine who recently left Parris Island. under this appropriations package, would re- that has been developed so far to assist place the COPS program. The replacement of Jack Hagy, Yemassee’s chief, told my state and local law enforcement offi- the COPS program with block grants would staff that it is the first time in his ca- cers in combatting these crimes. Un- hinder PERF members’ efforts to improve reer that the Federal Government ever like block granting, the COPS program public safety and address community prob- did anything for Yemassee. The entire does it right. lems. . . . this issue is of ideal importance to

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18152 CONGRESSIONAL RECORD — SENATE December 7, 1995 the law enforcement community and the en- that my Republican colleagues will did it ever have a more important func- tire nation, it is imperative that you and agree to restore funding for the Com- tion in our Government. your colleagues understand and consider our munity Policing Program. concerns. Having Senator HOLLINGS in the Far too many issues become partisan Chamber at this time, having served National Sheriffs’ Association— this year. This is the craziest session of Charles Meeks, Executive Director: with Mr. Hoover on the Commission for Congress that I have seen. Our support reorganizing the executive branch of On behalf of the National Sheriffs’ Associa- for police and sheriffs has always been tion, I am writing in support of your amend- Government, I remind my colleagues, bipartisan. Let’s not change that. I in the wisdom of his youth, Senator ment to the FY96 Commerce, Justice, State hope that my Republican colleagues HOLLINGS was a Republican, a young Appropriations bill to continue the COPS will listen to their local law enforce- program. Because of the COPS program, over Republican, and a great admirer of Mr. half of the nation’s sheriffs have hired over ment officers, that they will support Hoover, as am I. And it is, as I say, a 1,300 deputies moving toward increased law our men and women on the front lines, little ironic that he helped, along with enforcement presence in our counties. This and that they will join me in sup- others of this body, to help create a program of police hiring, in conjunction with porting the Cops on the Beat Program name for that Department, and there community policing, will go a long way in when this Commerce, Justice and State helping to reduce crime in our counties. was only one name to ever consider, bill comes back to the Senate. and that was Herbert Hoover. The Law Enforcement Steering Com- Mr. GREGG. Mr. President, I yield 5 mittee—James Rhinebarger, Chairman: minutes to the chairman of the Appro- The chairman of the Foreign Rela- The elimination of the COPS program priations Committee, Senator HAT- tions Committee, Senator HELMS, would hinder our efforts and the progress FIELD. voiced his frustration this morning made in community policing, and would ulti- Mr. HATFIELD. Mr. President, I rise about the pace of authorizing legisla- mately prove detrimental to the nation’s to support this conference report and tion. This is a serious problem because public safety. . . . This is an issue of vital consider it a balanced approach in the budget resolution, in our efforts to importance to the law enforcement commu- meeting the funding needs of the agen- balance the budget, loses a lot of its nity and the entire nation. cies and departments contained in the teeth in the absence of necessary au- AN ATTORNEY GENERAL WHO’S BEEN THERE bill, and considering it within the con- thorizing legislation needed to enact Mr. President, I have served with text, of course, of the parameters of the cuts in domestic discretionary quite a few chief law enforcement offi- the budget resolution. spending contained in the resolution. cers since I came here in 1966. There Senator GREGG has done an excellent We are in a situation, Mr. President, are a lot of impressive names on that job picking up on the difficult task of as members of the Appropriations Com- list—Ramsey Clark, Griffin Bell, John bringing this bill through conference. I mittee, where we are getting ‘‘Hail Co- Mitchell, Elliot Richardson, Ben Civi- might just remind our colleagues that lumbia’’ from all sides in this par- letti, William French Smith, Dick Senator GREGG came into this picture ticular dilemma that we face in this Thornburgh, and Bill Barr. But, I have sort of like a little after halftime in Congress. This has been the case for to say that I have never seen a better the game to start quarterbacking this many years, because we do appropriate Attorney General than Janet Reno. particular bill. I think he and his staff funds to hundreds of programs that She comes from local law enforcement deserve a lot of credit for the product lack authorization, expired or other- and is from an area that has its share that is before the Senate today. wise. We appropriate funds to programs of crime, Dade County, FL. I also want to compliment Senator With Attorney General Reno, what and departments the Senate has voted HOLLINGS for his dedication to this bill to eliminate. you see is what you get. She is a no- and its programs. nonsense leader who understands ac- This has not been an easy year for As the President and the Congress countability. She understands first- any of us here on this committee or continue to negotiate a road map to a hand what is needed to combat crime. within the Senate, but I think it has 7-year balanced budget, our trip must This Cops on the Beat Program is her been made easier by the fine leadership include stops through the authorizing program. During a speech last year, she of this subcommittee. And I might committees. The Appropriations Com- summed up why we need the COPS Pro- comment at this time that Senator mittee cannot shoulder the whole bur- den in reshaping, redesigning and gram and why it is far and away the HOLLINGS and his staff have served most important component to last with distinction on this subcommittee eliminating programs and departments year’s crime bill. In addressing police for almost a quarter of a century. His without guidance from the relevant au- groups in October of last year, she said: knowledge and expertise was a critical thorizing committees of jurisdiction. The truth is, criminals do not stand in awe factor in framing the bill and bringing This conference report includes crit- of a piece of paper or a bill or an Act. They it to this point in the process. ical funding for ongoing scientific re- look at results. Violence in this country does As you remember, the budget resolu- search being conducted by the National not magically recede because we have a piece of paper that says it should. Violence in this tion passed by both the House and Sen- Oceanic and Atmospheric Administra- country recedes and is reduced because of ef- ate called for the elimination of the tion. While I would have preferred forts of officers on the front lines making a Department of Commerce. I voted for more funding for the NOAA operations, difference in their community, . . . and of of- the budget resolution and continue to research and facilities, I am pleased ficers getting the resources they need to do support its goal of a balanced budget. that the Agency is very close to a the job. This conference report does not elimi- freeze, at the level provided in 1995. CONCLUSION nate the Department of Commerce. It For the Department of State, the op- Mr. President, at this point we can- does cut funding Departmentwise by erations accounts, including salaries not really change what the Republican 14.5 percent. But it does nothing close and expenses, have been funded at a leadership has chosen to do to the to eliminating this Department. level adequate to address the many COPS Program in this conference I should like to sort of make a side- pressing demands of our Foreign Serv- agreement. This agreement is in the bar comment here, which is that it is a ice officers. It may not mean for the nature of a substitute, and the COPS bit ironic that the Republican Party programs we have committed to, and Program cannot be amended or voted seems to be the leading proponent of particularly peacekeeping activities, upon separately. I, for one, do not be- abolishing the Department of Com- we are really underfunded. lieve that we should be rewriting the merce, with its headquarters being 1994 crime bill in this conference agree- named the Herbert Hoover Department The conference report provides $348.5 ment. of Commerce Building, because prob- million for the Economic Development As I stated earlier, this conference ably the greatest Secretary of Com- Administration. This is a slight de- report is going to be vetoed. Make no merce of all time, the man who really crease from the 1995 level and would mistake about that. It is my hope that built the Department, was Secretary allow the EDA to continue their wor- we can move expeditiously on to round Herbert Hoover under the Harding-Coo- thy efforts. two and develop a bill that can become lidge administrations, and that Depart- Also, on the issue of the Legal Serv- law. And, as part of that process, I hope ment never had a stronger leader, nor ices Corporation, I supported Senator

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18153 DOMENICI and worked with him in con- The PRESIDING OFFICER. Without The problem in America is that over ference to get the funding at a higher objection, it is so ordered. the last 10 or 15 years we have sent a level. Mr. KERRY. Mr. President, I thank message to people that the probability While we ended up at the House level the Senator from South Carolina. I of being apprehended is not so good. In of $278 million, this important issue de- may not use the entire time, but I fact, Mr. President, two out of five peo- serves further consideration in the sec- would like to pick up where I left off in ple who commit murders in America ond round after the expected veto of the questioning with the Senator from will never cross the threshold of a po- this bill. Delaware. There is not anybody in lice station, let alone a courthouse. We Negotiations are ongoing with the America who has not become so have also learned that in community administration on this bill. This morn- aware—I think ‘‘overwhelmed’’ is a after community after community ing, we received a letter from the Of- better term—by the level of violence where we have put police officers on fice of Management and Budget which that seems to consume this country at the street in community policing, life states that the President would veto this time. has improved. this appropriations bill. I am hopeful I think it reached a new level of de- Just this past week the Attorney that we can reach an accommodation pravity with the story a few weeks ago General visited Lowell, MA, where we with the administration on this bill when a woman was murdered and cut managed to get a Federal grant to help and the other six appropriations bills open so that her live fetus could be create a community policing entity in that remain. taken out by animals who somehow a part of town that had seen pimps and Again, I thank Senators GREGG and had the notion that it was an accept- prostitutes and drug gangs take over HOLLINGS and compliment the staff for able way to give someone else a live the streets. The moment the police their hard work. child. We are raising sociopaths in this came in, the pimps and prostitutes and The PRESIDING OFFICER. Who country at a rate that ought to alarm drug gangs disappeared and the stores seeks recognition? every American. I think it does alarm on that street came back to life and Mr. HOLLINGS. Mr. President, let them, and it somehow rings rhetorical me thank the distinguished chairman seniors began to say, ‘‘We can come out alarm bells in Congress, but it just of our house again and walk to the of our committee. He and I have been does not produce a response that is in harness together since 1958 when he store.’’ It is basic. adequate. Here we have a bill that turns its was elected the Governor of Oregon and I think most Americans know that. I back on the pleas of police officers, on I the Governor of South Carolina, and think most Americans understand that you get saddened when you see all your the pleas of local communities and sug- unless the 36 percent of children na- gests that somehow we are going to be good friends announce that they are tionwide who are born out of wedlock, better off by creating a block grant leaving, and particularly this friend who have little prospect of anybody in where communities will now compete here because he has been absolutely their lives giving them some values, against all the other interests in the fearless, has Senator HATFIELD. unless the prospect of those kids gain- community in law enforcement rather It has just been a thrill to watch him ing some sense of what this country than going to the priority that we at the gubernatorial level and then at and civil behavior is all about in- chose—which is putting police officers the national level, a man of his own creases, we are going to see a lot worse on the street. mind, absolutely ethical, of the highest in the next 10 or 15 years. I suppose block grants might be con- integrity and most of all dedicated—I What astonishes me, Mr. President, ceivable if you had the resources being think I am dedicated to peace, but is that every analysis by competent there is no doubt that some would say people, every criminologist, every re- dedicated in all the other areas so that I would rather start a war than stop it searcher in the field of youth violence, you could make a difference. But the —but no doubt about the Senator from is telling us that this Nation is going fact is, we do not have those resources Oregon, he wants to stop all wars. And to see a wave of criminal activity in the other areas, and we know it. The he has really made history in that re- among our young unless we do some- police should not have to compete gard. That is why, as warlike and as thing about it. against the computers, against the contentious as I can be, I am trying to The response in this bill, notwith- cruisers, against the equipment, look with favor on the present propo- standing good efforts by good people to against floodlights for a jail, that we sition relative to Bosnia. take a minimal number of resources need. If they do then we are going to go But thanks should go to the distin- and shift them around, is just inad- back to where we started from—that guished chairman of our Appropria- equate. It is simply inadequate when prompted us to guarantee that there tions Committee for his leadership. We we know that we have one-tenth the are well equipped police officers on our had an awfully difficult time getting number of the police force we had 30 streets. Mr. President, about 11 percent of all the bill to Senator GREGG for his lead- years ago—when people are scared to ership. He saved that bill two times go out of their home at night—go to a our crimes in this country occur each when we were not going to have a bill. part of town that they know may not year in our 85,000 public schools. It is So I am particularly grateful for his be safe at night—when people are wor- estimated today that 1 out of 20 stu- overcomplimentary remarks about me. ried whether or not their car will be dents brings a gun to school at least Incidentally, I was at the time, in stolen when they go out. once a month. We understand that per- 1953 and 1954, a Democrat. I was trying The greatest single message and de- haps more than 200,000 students in to start up as a Republican, but the terrent in taking back the streets from America now pack weapons along with late Senator Burnet Maybank grabbed that fear and from that kind of thug their lunches because of their fear of me and said, ‘‘What’s the matter with dominance are police officers. The Sen- violence in and on the way to school. you, boy?’’ I said, ‘‘Well, I wanted to ator from Delaware said that 15 years According to the National School Safe- run here for the legislature.’’ He said, ago—this is a fact we talked about ty Center, nearly 3 million crimes are ‘‘You’ve got to run as a Democrat.’’ I many times—we had 3.5 police officers committed in, near, or around a school said, ‘‘Yes, sir.’’ per violent crime in America. Today we campus every year. That is one crime Mr. HATFIELD. Easy composure. have anywhere from 3.5 to 4.6 violent almost every 6 seconds that a school is Mr. HOLLINGS. That was easy crimes per police officer. in session. composure. I thank the Senator. It is not rocket science to begin to So, Mr. President, this is not a smart Mr. President, I yield to the distin- understand the relationship between approach to the problems of increased guished Senator from Massachusetts 10 putting the police officer on the street criminal activity in this country. It is minutes. and the ability to deter crime. Most not enough. If this represents the best Mr. KERRY. I thank the Senator. thugs do not go out and walk into a 7– that we can do at a time when the Mr. HOLLINGS. Mr. President, I un- 11 or a gas station when there is a cop country is in crisis, then we ought to derstand 20 minutes were reserved for standing 40 yards away or where there be forced to go back to the drawing the Senator from Arkansas which have is someone that is on a regular patrol board and do better. been yielded back, so I yield 10 minutes and they know the chances of being ap- Mr. President, violence is an epi- of that time. prehended are pretty good. demic in America that knows no local

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18154 CONGRESSIONAL RECORD — SENATE December 7, 1995 or State boundaries. It is spilling over to Governors to control. Perhaps, this school campus every year—about 1 into thousands of communities across time, they will in fact spend it all on every 6 seconds that a school is in ses- America. In September, in Massachu- police, and do so wisely. This will be a sion. setts, a young prosecutor, Assistant real test, and we will all be watching; Mr. President, as this Congress talks Attorney General Paul R. McLaughlin, not just those of us in the Senate, but about the problems of crime and vio- was gunned down by a hooded youth in the American people, suffering the rav- lence, the inescapable reality is that a display of a level of gang violence ages of crime and violence, all over the conditions described above create and immorality unprecedented in this America. an educational environment that country. It was a brutal assassination That suffering, its magnitude, the thwarts the efforts of public school of a public servant doing his job—the utter disgrace it represents for every teachers to educate students; it im- kind of violence we see in other na- man and woman in this Chamber, that pedes teaching and learning, and un- tions, but not in America. is the real issue before us. derscores one of the main reasons why Against that backdrop, it is ironic It is estimated that crime has in- more and more parents are refusing to that I have to come to the floor of the creased by more than 600 percent since send their children to public school. U.S. Senate to plead with some of my 1950. But before another member of this colleagues to keep cops on the street— Communities have been ravaged by body stands up to criticize public to plead for them to abandon ideology indiscriminate acts of violence. Such schools and public school teachers, it is and their own political agenda and re- acts have been and are eating away at time each of us consider the environ- spond to do what is right, not what is the core of our cities and towns, and ment many public school teachers find expedient. the impact on our schools has been themselves trying to teach in. In urban I fear, Mr. President, that our head- devastating. I do not believe that there America, that environment has been long rush to balance the budget at any has been a rural, urban, or suburban hostile not only to teaching, but to life cost—even the cost of the life a young school that has escaped its grasp. itself. Students committing indiscrimi- prosecutor—is irrational, irresponsible, Families have been destroyed, law- nate acts of violence against another shortsighted, and immoral. lessness has exploded, and many young student because of drugs, clothing, or Now, I know that perhaps nothing people have watched first hand as their simply because they wanted to. In fact, could have stopped this brutal murder, friends and relatives were killed in the arrest rate for juveniles aged 10–17 but we have to ask ourselves today, front of them. Such killings have left for weapon law violations increased 117 what are our priorities. What kind of an indelible impact on the lives of percent between 1983 and 1992. people are we if we chose the bottom these young people—an impression It is no longer enough to say that line over the lives of public officials. If that will stay with each of them for- you cannot teach a child who comes to we rigidly hold to extremist dogma no ever. school hungry. The problem today is matter who gets hurt and who suffers. Mr. President, the problems of crime well beyond the single issue of hunger Mr. President, let us bring this de- and violence that we talk about today that previously confronted public bate about Commerce-Justice-State are not new, but have been at least 30 school teachers. Today’s problems are appropriations to where it belongs— years in the making. During this time multifaceted and to a greater degree with the will of people—the concerns of we have watched violence emerge as than ever before, are compounded by thousands of local police officials who one of the leading public health crime and violence on the way to, dur- came to Washington to testify year epidemics in the United States. ing and after school. after year for us to give them directly As the people of this Nation and the Public school teachers today must the tools they need to fight crime on Congress prepare to do battle over now serve not only as teachers, but as the streets. whether and how to restructure our na- counselors and referees, while also And almost 8-years later we are here tional health care system, let us not fearing for their own safety. virtually thumbing our noses at them forget two important facts. What is before us therefore is the fact and doing so in the same week that vi- First, the medical costs associated that both approaches—both the Demo- olence on the streets has reached a with gun violence in 1992 have been es- cratic bill and the Republican bill, the dangerous new level. The real issue be- timated at approximately $3 billion. 1994 crime bill and the 1995 appropria- fore the Senate is not which formula Second, average charges for a young tion—both of these efforts are woe- we should adopt. Yes, there are real gunshot patient in 1991 equaled the fully, shamefully inadequate. differences. The formula of the Repub- cost of a year of tuition, room and We are like doctors who discover, at lican bill allows much more discretion board at a private college—about long last, that our patient has cancer; to State Governors, as to how the $14,000. and we are prescribing aspirin. money will be spent. Last year we re- Mr. President, crime and violence Just as to police: the President told quired that the money go directly to have reached into every part of our us, and he is correct, that we now have police departments, because we know daily lives and that of our children. No one-tenth the effective police strength the sorry history of police funding. American, no matter what age, has es- of 30 years ago. Did he ask us for ten From 1971 to 1990, as the country was caped its wrath and its impact on edu- times the police, to return us to the literally drowning in a tidal wave of cation has been so severe that 10 per- levels of security we once knew? No. He crime, and still is, our Governors and cent or more of the Nation’s largest did not suggest 5 million new police. He mayors and legislatures—indeed the school districts have installed metal did not ask us for 1 million. He did not entire political structure—engaged in a detectors this year than last year. As ask us to, and we did, even double the policy of unilateral disarmament. shocking as this has become, even police we now have. From 1971 to 1990, in the midst of this more alarming is why so many schools He asked us, we will remember, for crime wave, we increased spending on have been forced to do this. funds to add perhaps 30,000 new police. lawyers and public defenders by over First, about 11 percent of all crimes We, in the Senate, last year, Demo- 200 percent. We increased prison spend- occur each year in America’s 85,000 crats and Republicans, joined to in- ing by 156 percent. We increased spend- public schools. crease the number to a possible 100,000. ing on State and local police by all of Second, it is estimated that one in 20 But we did not by that act begin to 12 percent. students bring a gun to school at least solve the problem, or meet the needs of So in last year’s bill, we said, we are once a month. the country. going to give control over this money, Third, it has been said that more What do we need? The American peo- this relative pittance of Federal fund- than 200,000 students pack weapons ple are already paying, out of their own ing, directly from the Federal Govern- along with their lunches because of pockets, for about 1.5 million private ment to the cops who need it. We said, fear of violence in, or on the way to police—three times the number of po- ‘‘We are going to require that the school. lice paid for by taxes, on public pay- money be spent on police.’’ Finally, according to the National rolls. They are not available to work Now the new majority wants to take School Safety Center, nearly 3 million where the real problems are. They are all the Federal money, and give it back crimes are committed in or near a not trained to work the mean streets

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18155 where crime and criminal activity What is that purpose? The purpose is $7 in savings is accrued. There are now breed. They protect only enclaves. Is really to show that a police force in a evaluations coming out of drug courts. that to be our strategy, as in the Viet- crime-troubled area with trained com- We are finding—surprise of all kinds— nam of long ago—to protect only the munity police officers who know the they are working. ‘‘An Evaluation of enclaves of the comfortable, and busi- communities and know the difference the Oakland Drug Court After Three ness, and leave the rest of our own fel- between the bad guys and the good Years,’’ by Judge Jeffrey Tauber of the low citizens alone and unprotected? guys are going to be more effective in Oakland-Piedmont-Emeryville Munic- In Vietnam, I saw a lot of wonderful making good arrests and, secondly, in ipal Court, found the following results, men give their lives for this country: retarding crime in that area. which I quote: not for some abstraction, not for a To date, the crime bill has targeted The data collected supports the conclusion piece of colored cloth. But for their about $8.4 billion directly to States and that the imposition of an immediate and in- families, and for their fellows, and for localities. tensive supervision and treatment program the children that too many of them This program, as I said, is working. substantially reduces the rate of felony re- never lived to see. Are we keeping faith According to the Department of Jus- cidivism during a 3-year period following ar- with them? Are we protecting their tice, California has received sufficient raignment. It is estimated that there were 44 children and grandchildren today? Are funding to support the hiring or rede- percent fewer felony arrests— we doing our duty to preserve the ployment of 3,900 police officers from That is 582 fewer felony arrests— country for which they, as so many be- the crime bill COPS program. This is for offenders in what is called the FIRST fore them in the history of the Nation, not pork. This is beef. These funds have Program—fast, intensive, report, supervision gave the last full measure of devotion? gone to the larger and most troubled and treatment—than under the previous pro- gram. So let us vote these funds today. But crime-plagued cities: Los Angeles, San let us understand that this bill is less Jose, San Francisco, San Diego, and, California is expected to receive an than a beginning, less than a start. It most recently, Oakland. estimated $119 million for drug courts, is my understanding that there will be As a matter of fact, beginning in or enough for about 59,500 offenders offered, later this year, a new sub- March of next year, the Los Angeles over the next 6 years. By eliminating stantive crime bill. At that time I in- Police Academy will be graduating 100 this program, this bill will deprive tend to offer amendments that will officers a month for 6 months, funded States of a tough program to get and substantially increase authorized through the community policing as- keep nonviolent offenders off drugs and spending assistance to State and local pects of this bill. to unclog our courts of violators who law enforcement, and to perhaps begin Additionally, community policing would otherwise walk. the debate we should have had long be- funds have gone to smaller California Another problem I have with the bill fore this time. cities—Selma, Victorville, Santa Cruz, is the cuts in the Commerce programs. Mr. HOLLINGS addressed the Chair. Ojai, and Millbrae. I come from a State where 1.2 million The PRESIDING OFFICER. The Sen- It is no coincidence, then, that the people are out of work. The unemploy- ator from South Carolina. ment rate currently exceeds 7.8 per- Mr. HOLLINGS. Let me thank the crime rate in California’s biggest cities dropped by 7 percent during the first 6 cent. It exceeds the national rate by 2 distinguished Senator. points. This bill cuts EDA, which is the I now will yield 10 minutes to the dis- months of this year, compared to the last remaining economic tool provided tinguished Senator from California. same period last year, with double- The PRESIDING OFFICER. The dis- digit decreases—double digit, that is by the Federal Government since pro- tinguished Senator from California is more than 10 percent—in homicide, in grams were developed in the 1970’s to recognized. rape and in robbery. help cities. Mrs. FEINSTEIN. Mr. President, I California’s Attorney General, Dan The program that is cut targets the thank the Senator. Lungren—a Republican, by the way— defense conversion support. In my I think what is one man’s pork is an- credited the intensified use of commu- State, to cut defense conversion and its other person’s beef. I remember on the nity-oriented policing by local police ability is to put people out of work, floor of this body, when the crime bill departments for this drop in crime. At- plain and simple. was first considered, the wonderful torney General Lungren said of com- The bill also eliminates funding for porker that the Senator from New munity-oriented policing, and I quote: the Advanced Technology Program York had drawn on a chart and had be- ‘‘It should be utilized in every part of which assists firms with new tech- fore this body. The contention was that the State.’’ nology to provide new breakthrough the crime bill, and this particular as- I could not agree more. products and processes. One of the pect of it, was a porker. So the COPS Program is working. ‘‘If things that California was assured, I want to say, it has turned out to be it ain’t broke, don’t fix it.’’ It is put- having gone through more than 30 base the beef of the crime bill. There is no ting cops on the streets. It is reducing closures, with between 500,000 and 1 question in my mind that the commu- crime. million people who have lost their jobs nity policing part of the crime bill is Second, my other concern with this so far because of defense downsizing, is the most popular part of the crime bill bill is the drug courts. In America, we that there would be an adequate pro- out there. constantly have the debate: Do you gram of defense conversion to help in- ‘‘If it isn’t broke, don’t fix it.’’ The fight drugs on the supply side or do you dustries convert into nondefense pur- fact of the matter is, in my State, fight them on the demand side? I know, suits. And now we find that these funds crime rates are going down in all of the as a mayor for 9 years, that you have will be cut off by this bill as well. It is jurisdictions because of the community to do both and you have to do it well. unfortunate. policing aspect of this bill. America has never fought drugs equal- Let me conclude by saying, commu- So I am very disappointed—there are ly on the supply side and the demand nity police have reduced crime. Com- good things in this bill—but I am very side. munity policing works. The crime bill disappointed by the fact that we take This crime bill was the first time has worked. It is not pork; it is where the discretionary aspect out of the that more moneys were put in for pre- the beef is. community policing bill, make it a vention and for rehabilitation to al- I thank the Chair. I yield the floor, block grant program, give it to the most equal the amount for interdiction and I yield back the remainder of my local jurisdictions, but enable those and enforcement. Drug courts were a time. local jurisdictions to use it for what- relatively new aspect. The PRESIDING OFFICER. The Sen- ever they want to use it. They can use About $1 billion dedicated to drug ator from New Hampshire is recog- it for new squad cars. They can use it court programs over the next 6 years is nized. for some aspects, I gather, of police eliminated in this conference report. Mr. GREGG. Mr. President, before I stations. They can use it for desk ser- That is a mistake. A study by the Cali- yield time, I do think that a number of geants, if they want to. That defeats fornia Department of Alcohol and Drug comments that have just been made the purpose of the community policing Programs found that for every $1 spent both by the Senator from Massachu- aspect of this bill. on treatment for alcohol or drug abuse, setts and the Senator from California

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18156 CONGRESSIONAL RECORD — SENATE December 7, 1995 deserve a quick response, because I do on high to the State and local commu- The President complains that police not believe that they accurately char- nities comes from their own pockets. It are outgunned by criminals, but under acterize the bill. is not free money. I have often won- the COPS Program, localities are pro- It was ironic, in fact, that the Sen- dered how we got into a situation in hibited from spending grants on guns ator from Delaware came down here this country where folks down where I and ammunition, equipment, tech- and excoriated us for approximately an grew up, in Lawrenceburg, TN, will get nology, training, or other purposes hour and a half on the attitude this bill in their car and drive by the court- that actually correspond to the needs takes, specifically citing one of the house, to Nashville, past the State cap- of the citizens where the police will ac- programs, which is prison construc- ital, and go out to the airport to get on tually serve. The District of Columbia, tion, where we have created the possi- a plane to fly to Washington, DC, and with an enormous crime problem, re- bility of States to obtain approxi- talk to me about how many cops they fused to apply for a COPS grant be- mately $0.5 billion in prison construc- ought to have in Lawrenceburg. That is cause the police chief says that the tion for illegal aliens. the situation we have gotten to in this District has all the police it needs. This was not done to benefit my country. What it lacks is appropriate tech- State. My State does not have a whole While I do not think the conference nology and equipment. If the Federal lot of illegal aliens running around. report is the ultimate solution to this, Government does not even know what This was done to benefit the State of I think more and more money ought to is best for Washington, DC, how can it California, the State of Texas, the be left in the pockets of the people on know what is best for communities State of Florida, and it was done at the the local level and let them solve the around the rest of the country? expense, as was pointed out most viv- problems. It is certainly better than Of course, the monetary rules are the idly by the Senator from Delaware, at any alternative we have. COPS Program’s worst infringement on the expense of some of the smaller The conference reports reflects what State’s rights. COPS funds officers at States, of which I happen to be a rep- those of us who are new to this body $25,000, but the Justice Department’s resentative. were elected to do. Its provisions re- own figures show that the average po- So I find a certain irony when the flect the reality that there is not al- lice officer costs $50,000. When a local- Senator from California comes down ways a Washington-based solution to ity receives a COPS grant, it is also re- and attacks this bill on the basis that every problem. The Constitution limits ceiving a Federal order to spend an- it is not doing enough. I find equal the power of the Federal Government. other $25,000 that the community irony when the Senator from Massa- Crimes, traditionally, in this country might wish to spend on other law en- chusetts comes to the floor and says we are not a national problem, with excep- forcement functions, or even other de- are not spending enough money, when tions, but it is primarily a State and sirable local functions, or even tax re- this bill increases the spending in the local problem. By eliminating the lief. crime area by 19 percent. To do that, it COPS Program, the conference report Sunnyvale, CA, which the Clinton ad- had to take the money from the State respects the proper role of the States ministration hailed in its Reinventing Department and the Commerce Depart- and the people under our constitu- Government campaign, returned its ment because we were assigned a cer- tional system. COPS grant because it was required to tain allocation. The COPS Program shows insuffi- spend an enormous amount of its own So if the Senator from Massachu- cient respect for our system of fed- money and to comply with numerous setts, or other Senators, wish to attack eralism. With the COPS Program, citi- Federal strings as a condition of Fed- the nature of this bill and the amount zens of States and localities are taxed eral funding. of money being spent on crime preven- by the Federal Government. The tax Moreover, the COPS Program is po- tion in this bill, which happens to be a money is returned to the States, minus litical. Applicants are required to indi- 19-percent increase—a substantial in- the cost of a Federal bureaucracy, and cate the locality’s congressional dis- crease considering the present cli- with the addition of many strings on trict. The COPS office is duplicative. mate—I believe they should tell us their own money. The Justice Departments’s Bureau of where they want to take more money The formula for allocating the money Justice Assistance career civil servants from—from Commerce or the State De- is peculiar. COPS funds go to commu- already dispensed law enforcement partment? nities without regard to their crime grants to State and localities. By con- On the issue of the drug courts, the rate. The COPS office knowingly gave trast, COPS funds are allocated by po- fact is that under the block grant pro- $75,000 to one town for the police chief litical appointees in a separate office. posal, drug courts are not eliminated. to leave the office for the street, sup- That office has a budget of $28 million, They are an available option for any posedly. He wound up reading stories much more than the $16.3 million of State that decides to expand and use to second graders. How does that serve COPS grants that Tennessee has re- drug courts. It is very much available any Federal purpose? Two officers were ceived, for example. under that block grant. sent to a low-crime Chicago suburb, By contrast, the conference report There are other points on which I whereas a poor Chicago suburb, whose replaces the COPS Program with block will probably have to reserve my right crime rate tripled, received only one grants. Local officials will best deter- to put a written statement in the simply because it had fewer officers mine how to meet local needs, without RECORD. than the wealthier suburb. the interference, or even the existence I now yield 7 minutes to the Senator The strings on localities make even of a Federal bureaucracy. It would from Tennessee, Senator THOMPSON. less sense, Mr. President. The money have been better if the conference re- The PRESIDING OFFICER. The Sen- can be spent only on putting police on port had gone further, in my opinion— ator from Tennessee is recognized. the street. Rural areas may not find eliminating block grants and simply Mr. THOMPSON. Mr. President, I community policing appropriate to letting localities make their own law thank the Senator from New Hamp- their sparse population, but with the enforcement decisions, and leaving the shire, who makes some very valid COPS Program, that is the only option. money there for them to do it with. points. One of them, essentially, is that It is said on the floor of this Chamber Then, municipalities would be respon- it focuses on the crucial issue here, and that, my goodness, they might spend it sible for decisions made, and we would that is whether or not law enforcement on police cars, equipment, or do some- have a little bit more accountability in is a State and local function still, as it thing else with the money. our governing process. When multiple has always been in this country, or My question to that is: What is the layers of Government are involved with whether or not, basically, it is a mat- problem? Have we in this body street crime, each level can pass the ter for the Federal Government to at- achieved such expertise on the details buck to another, and the citizenry will tend to, given the Federal Govern- of law enforcement in the small com- not know who to hold accountable. ment’s wonderful track record in solv- munities across the Nation that we are The differences between Congress and ing these problems historically. in a position of supplanting our judg- President Clinton are clear. President I think people realize, ultimately, ment for the people whose responsi- Clinton may well veto the conference that this money that flows down from bility it is? report over the COPS Program. He may

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18157 feel he wants to take a stand on some- conference report and felt it necessary COMMERCE-JUSTICE SUBCOMMITTEE, SPENDING thing. If he wants to take a stand for a to remain at the House funding level. TOTALS—CONFERENCE REPORT—Continued Federal, bureaucratic, inefficient, and However, it is highly likely that the [Fiscal year 1996, in millions of dollars] inflexible program, so be it. The con- President will veto this bill. When we ference report’s approach is local, flexi- revisit this issue, I and a number of my Budget au- thority Outlays ble, and efficient. In fact, it is so effi- colleagues will insist on a higher fund- cient, Tennessee will not only receive ing level. Subtotal nondefense discretionary ...... 22,659 23,738 more than twice as much money under This bill retains the Legal Services Corporation but significantly restruc- Violent crime reduction trust fund: this approach than under the COPS Outlays from prior-year BA and other ac- Program, but it will not have to com- tures its activities. I believe the Cor- tions completed ...... 826 poration should withstand scrutiny H.R. 2076, conference report ...... 3,956 1,286 ply with the whims that come from Scorekeeping adjustment ...... out-of-touch bureaucrats. I am sure from even its harshest critics. Tough new restrictions on the uses of LSC and Subtotal violent crime reduction trust many other States will find themselves fund ...... 3,956 2,112 in the same position. Therefore, I rise non-LSC funds are in place and en- forceable through the independent of- in support of the conference report. Mandatory: I yield back any time I may have re- fice of the inspector general, rather Outlays from prior-year BA and other ac- than through the Corporation itself. tions completed ...... 2 20 maining. The funds will be targeted toward H.R. 2076, conference report ...... 503 480 Mr. GREGG. Mr. President, I yield 5 Adjustment to conform mandatory pro- basic legal services for low income in- grams with budget resolution assump- minutes to the Senator from New Mex- dividuals ensuring equal access to jus- tions ...... 27 25 ico. The PRESIDING OFFICER. The Sen- tice. Within 6 months, the Corporation Subtotal mandatory ...... 532 525 ator from New Mexico is recognized for will be out of the more controversial business activities that have brought Senate subcommittee 602(b) allocation: 5 minutes. Defense discretionary ...... 151 218 Mr. DOMENICI. Mr. President, I rise so much criticism in the past. Nondefense discretionary ...... 22,659 23,739 Finally, I note that the conferees Violent crime reduction trust fund ...... 3,956 2,113 in support of the conference agreement have continued bipartisan support for Mandatory ...... 532 525 accompanying H.R. 2076, the Com- the Fulbright Exchange Program rec- Total allocation ...... 27,298 26,595 merce-Justice-State appropriations bill ommending $102.5 million to continue for fiscal year 1996. the program in fiscal year 1996. Adjusted bill total compared to Senate sub- The conference agreement provides committee 602(b) allocation: Since the Fulbright Program was Defense discretionary ...... ¥1 $27.3 billion in budget authority and signed into law in 1946, nearly 230,000 Nondefense discretionary ...... ¥0 ¥1 $19.1 billion in new outlays for the pro- Fulbright grants have been awarded to Violent crime reduction trust fund ...... ¥0 ¥1 Mandatory ...... grams of the Departments of Com- U.S. citizens and to nationals of 150 merce, Justice, State, the judiciary, other countries. These scholars go Total allocation ...... ¥27,298 ¥26,595 and related agencies. abroad to study, teach, or conduct re- Note.—Details may not add to totals due to rounding. Totals adjusted for When adjustments are made for search and foreign nationals come to consistency with current scorekeeping conventions. prior-year outlays and other completed the United States for the same pur- Mr. DOMENICI. Mr. President, let me actions, the bill as adjusted totals $27.3 pose. billion in budget authority and $26.6 For every $100 the U.S. Government suggest that in times when we do not billion in outlays. spends on Fulbright exchanges, the have all the money in the world, the Under very difficult funding Fulbright Program attracts $44 from appropriation process, in my humble contraints, this is a bill that honestly foreign governments and from in-kind opinion, has a very, very specific job to and straightforwardly sets forth fund- support and private contributions both do and that is to prioritize where the ing priorities while staying within the here and abroad attesting to its inter- money will be spent. If there is not subcommittee’s revised 602(b) alloca- national stature. enough money for what everybody tion. The final bill is less than $1 mil- Non-U.S. Government support for the wants in a bill, then it is the responsi- lion in budget authority and $2.4 mil- Fulbright Program increased by 20 per- bility of those who lead the committee lion in outlays below the revised 602(b) cent from 1993 to 1994 alone, a strong to look at the spectrum of things they allocation. indication of the program’s prestige are supposed to be considering and say, I commend the new chairman of the throughout the world. subcommitee, Senator GREGG, for the I am pleased that the Congress will ‘‘Which are most important?’’ fine job he did in conference on this support the Fulbright Program in its Frankly, under our new chairman, bill. This bill provides dramatic in- 50th anniversary year. Senator JUDD GREGG, ably assisted by creases in our front-line law enforce- I urge my colleagues to support the the ranking member, Senator HOL- ment and the Border Patrol as well as conference agreement. LINGS, who has chaired this sub- Mr. President, I ask unanimous con- increased flexibility for States in de- committee before, they have done just veloping their crime fighting strategy sent that a table showing the Budget Committee scoring of the conference that, as it pertains to the No. 1 issue in through the new State and local law the United States of America: crime. enforcement assistance block grant. A report accompanying the Commerce, total of $1.9 billion will be provided to Justice, State, and the judiciary appro- If you ask the American people what States and local governments for the priations bill be printed in the RECORD they would want us to spend their hiring and equipping of law enforce- at this point. taxes on in this bill, they would say ment personnel, updated technology, There being no objection, the mate- pay for crime prevention, and U.S. at- and crime prevention programs. rial was ordered to be printed in the torneys who are prosecuting, and for There are a few items for which I RECORD, as follows: prisons that are holding prisoners, and would like to express particular appre- COMMERCE-JUSTICE SUBCOMMITTEE, SPENDING for U.S. marshals who make sure they ciation to the distinguished chairman TOTALS—CONFERENCE REPORT are taken into custody, and pay for and ranking member of the sub- [Fiscal year 1996, in millions of dollars] FBI and DEA, and, lo and behold, add committee. One is the $4 million pro- to that the entire Department of Jus- vided for the Women’s Outreach Pro- Budget au- tice criminal apparatus. Funding for thority Outlays gram under the Small Business Admin- these kinds of programs went up 19.2 istration, another is the flexibility for Defense discretionary: percent. States to fund drug court programs Outlays from prior-year BA and other ac- tions completed ...... 92 Frankly, I come to the floor to con- under the law enforcement block grant, H.R. 2076, conference report ...... 151 125 and lastly, the agreement to preserve Scorekeeping adjustment ...... gratulate the chairman and ranking the Legal Services Corporation. Subtotal defense discretionary ...... 151 217 member for that. They have added one With regard to the Legal Services other area that definitely needs im- Nondefense discretionary: provement, because if you ask Ameri- Corporation, I must say that I am not Outlays from prior-year BA and other ac- pleased with the final funding agree- tions completed ...... 6,561 cans what else they are very worried H.R. 2076, conference report ...... 22,659 17,177 ment of $278 million. I realize the Scorekeeping adjustment ...... about, they will say, ‘‘Illegal immigra- House was concerned about passing the tion.’’ They will say ‘‘our borders are

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18158 CONGRESSIONAL RECORD — SENATE December 7, 1995 not our borders any more. They are with Vietnam I hope it is my last. Un- the Foreign Relations Committee, the sieves,’’ and they will say, ‘‘What can fortunately, I have been given one chairman of the Armed Services Com- you do to improve it?’’ more opportunity. mittee, the chairman of the Asian/Pa- In this bill, in a dramatic way, we The bill before us conditions funds in cific Subcommittee, the chairman of have increased the Immigration and an unacceptable manner for expanding the International Operations Sub- Naturalization Service, the INS. The diplomatic relations with Vietnam on committee, as well as the House chair- American people would vote ‘‘aye’’ for our efforts to gain the fullest possible man of the International Relations that. They would say yes. accounting of American servicemen. Committee and the National Security Frankly, there are a lot of other The President has made clear in his Subcommittee on Military Personnel. things in this bill that are secondary. statement of policy on this bill that he Moreover, four of our major national If we had all the money in the world we will veto it. Among the reasons he list- veterans organizations—the American ought to fund them. I want to lodge a ed for doing so is his objection to this Legion, the Disabled American Vet- complaint and a concern because we particular provision. erans, AMVETS, and Vietnam Vet- did not have enough money, but if we This being the case, I will not take a erans of America—support this lan- ever get back to the table and are pro- long time to discuss the issue. But I do guage, in addition to the National ducing another bill, I am a strong ad- want to point out one simple fact: The League of POW/MIA Families and the vocate of giving legal services to poor President of the United States has nor- National Alliance of POW/MIA Fami- people who need a lawyer. I am not an malized diplomatic relations with Viet- lies. In short, there is broad support for advocate of Legal Services taking on nam. That is a fact. The Senate has this provision, notwithstanding the re- all kinds of causes. I want them to pay managed to at least grasp this reality. marks by the Senator from Arizona. for individual poor Americans who are Just over 2 months ago it supported The fact is, Mr. President, that all being sued or have a lawsuit, so they the President’s decision by voting Congress has asked for from the Presi- have access to a lawyer. against an amendment prohibiting nor- dent in this provision is his assurance I believe Democrats and Republicans mal economic relations with Vietnam. that Vietnam is fully cooperating on alike ought to be for that. This bill As for the other body, the language the President’s own established cri- contains prohibitions against the Legal which has made Vietnam an issue in teria for measuring progress by Viet- Services Corporation that they can live this bill at all was approved without a nam on the POW/MIA issue. Let me re- with and still provide services for the recorded vote. peat, so there can be no misunder- poor. It does not have enough money Mr. President, to state the obvious, standing: all the Senate and House con- but there is not enough to continue the President must have the authority ferees have asked for is the President’s providing the most critical services. to conduct our foreign relations. assurance that Vietnam is fully cooper- This bill may not see the light of Whether I agree or disagree with the ating on the President’s own estab- day. It may be vetoed. Who knows President of the United States—in this lished criteria for measuring progress what the budget negotiations might case I happen to agree—I know that by Vietnam on the POW/MIA issue. If bring? I came to the floor to say I be- elections have consequences. For bet- Vietnam is not fully cooperating, then lieve we are about $60 million below ter or for worse, President Clinton was I would think most of my colleagues the Senate-passed level for Legal Serv- elected to conduct our Nation’s foreign would agree that perhaps we need to ices, and I hope at some point we can policy. take a closer look at the administra- make that up. He is the President of the United tion’s policy toward Hanoi and whether I close these remarks once again by States and he has decided it is time to it is working. If the President says saying if ever there was a sub- move forward in our relationship with Hanoi is fully cooperating, then it is committee that saw what America Vietnam. Again, this is a fact. full steam ahead with Vietnam rela- truly needs from its Federal Govern- He will veto this bill, as is also with- tions. ment, and where our people would like in his constitutional authority, and we I am both confused and amazed that their taxes spent, this subcommittee will begin again. I hope the next time the Senator from Arizona does not like did it, because they have increased the conference committee considers the term fully cooperating. All year every legitimate bona fide area of the issue of United States-Vietnam re- long we have heard rhetoric praising crime prevention that the U.S. Govern- lations it will dispose of it in a manner Vietnam’s cooperation on the POW/ ment is in by a significant amount. I that allows us to put the issue behind MIA issue from the administration and laud them for it. I hope we can eventu- us. certain Members of the Senate using ally get this new money into these pro- I yield the floor. every adjective in the book—words like grams and these activities. Mr. SMITH. Mr. President, I rise to ‘‘superb,’’ ‘‘splendid,’’ ‘‘unprece- I yield the floor. strongly support the compromise lan- dented,’’ ‘‘undiminished,’’ ‘‘great,’’ Mr. GREGG. First, I wish to thank guage that was worked out by the ‘‘outstanding’’—that is what we’ve the Senator from New Mexico for his House and Senate conferees with re- been told, Mr. President. But now, generous comments. I yield 5 minutes spect to an expansion of our diplomatic when we ask the administration to put to the Senator from Arizona. presence in Communist Vietnam. I also their assurances in writing, with words The PRESIDING OFFICER (Mr. take vigorous exception to the remarks that have real meaning, some people up THOMPSON). The Senator from Arizona. made by the Senator from Arizona, here get nervous and we see the kind of Mr. MCCAIN. I congratulate the au- Senator MCCAIN, in opposition to the statement we heard earlier. Ironically, thors for an excellent piece of legisla- work done by the conferees. I would I think the remarks made earlier may tion. I come to the floor quite often say to my friend from Arizona that cause the American people to wonder complaining about wasteful spending this language is so reasonable, that whether they have been deliberately earmarks and other pork barrel there is no way the House is going to misled by the President in order to projects and find this legislation large- back down on it, and I intend to use allow the normalization of full tax- ly devoid of that. I want to express my every means at my disposal to prevent payer-funded relations with Com- appreciation to both the Senator from any weakening of the approved lan- munist Vietnam. I find it very trou- South Carolina and the Senator from guage. Moreover, while I respect the bling that my friend is raising a red New Hampshire. I hope we can con- Senator from Arizona’s right to raise flag on such a reasonable provision. tinue that practice and indeed expand his objections, I must say that I am ex- Mr. President, should the Senator it. I have seen it in 2 of the 13 appro- tremely disappointed that he would from Arizona or any other Senator priations bills, and I hope that we will make such a statement with respect to want an extended debate on this issue, be able to continue to make progress in this specific provision on Vietnam I would put them on notice right now that area. worked out by the conferees. that they will get such a debate from Mr. President, the reason why I came I would note that, in addition to a this Senator if they try to weaken this to the floor, and I will not use my full majority of the House-Senate con- language in the coming days. time, is that every time I come to the ferees, this provision is supported by The reason many of the wounds from floor to talk about our relationship the majority leader, the chairman of the Vietnam war have yet to heal has

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Specifically, down in Houston on the started the telecommunications bill Mr. President, I ask unanimous con- superconductor we had Nobel Prize that we are trying to conference. It had sent that a copy of the referenced pro- winners there, but the competitor, a very interesting beginning, that par- vision on Vietnam be printed in the Japan, orchestrated some 22 entities ticular program, you might say, in law. RECORD immediately following my re- and markets and wins and profits. We It was back in 1912, at the sinking of marks in order that my colleagues may win the prizes. They win the profits. the Titanic, whereby David Sarnoff, see how reasonable a provision it really We wanted to get on top of that par- working in the store Wannamakers, in is. I yield the floor. ticular problem and with the advance Philadelphia, selling wireless sets, There being no objection, the mate- technology program whereby they pick went up on the roof and contacted sur- rial was ordered to be printed in the the winner—not the Government—and vivors and nearby ships in the rescue RECORD, as follows: it is picked by them coming with at and orchestrated the rescue effort. He BILL LANGUAGE AGREED TO ON NOV. 27, 1995, least 50 percent of the funds and there- stayed up there 3 days and nights. The BY THE HOUSE-SENATE CONFERENCE ON H.R. after reviewed, peer reviewed by the crowds gathered below. 2076, THE COMMERCE/JUSTICE/STATE AND THE National Academy of Engineering, that But, thereafter, then everybody JUDICIARY APPROPRIATIONS BILL FOR FIS- the award is made. wanted a wireless, and, by 1924, under CAL YEAR 1996: It is has worked very successfully. Secretary Hoover, the industry asked SEC. 609. LIMITATION ON THE USE OF FUNDS The industry, particularly the elec- to be regulated. They had jammed the FOR DIPLOMATIC FACILITIES IN VIETNAM.— tronics industry, the computer indus- airwaves and you could not reach any- None of the funds appropriated or otherwise try and otherwise, came to us and the made available by this Act may be obligated one. They said, ‘‘For Heaven’s sakes, or expended to pay for any cost incurred for: Council on Competitiveness under we need the National Government to (1) opening or operating any United States President Bush, John Young of Hew- come and regulate us.’’ diplomatic or consular post in the Socialist lett-Packard testified on behalf of this So, those who are now running Republic of Vietnam that was not operating program. around, deregulate, deregulate—we on July 11, 1995; I dovetailed the program, having want to. We want to catch up the law (2) expanding any United States diplomatic chaired the hearings otherwise on the with the technology, which is far ahead or consular post in the Socialist Republic of trade bill back in 1988. It was not in the Vietnam that was operating on July 11, 1995; of us here in the Congress. But, in so budget. Thereafter, President Bush did doing, we want to make certain it is or pick up and submit a request for it. (3) increasing the total number of per- done on a competitive basis rather Now, over on the House side they sonnel assigned to United States diplomatic than a noncompetitive basis. We do not have the bit in the teeth relative to or consular posts in the Socialist Republic of want to extend the monopoly. winners and losers, industrial policy, Vietnam above the levels existing on July 11, So, that being the case, I retain the all kinds of nonsensical pollster slo- 1995, remainder of my time. gans—are you for the Washington Gov- unless the President certifies within 60 days, Mr. SARBANES. Mr. President, I rise based upon all information available to the ernment picking winners and losers? U.S. Government, that the Government of You hear some of that, and of course today in strong opposition to the con- the Socialist Republic of Vietnam is fully co- carried to its logical conclusion about ference report on the Commerce, Jus- operating with the United States in the fol- the best government is the least gov- tice, and the State Department appro- lowing four areas: ernment, and we do not have to wait priations bill for fiscal 1996. (1) resolving discrepancy cases, live- While this agreement is an improve- sightings, and field activities, for Washington. Just do away with the county and State government and let ment in some respects over the bill (2) recovering and repatriating American that passed the Senate earlier this remains, the township operate and forget about (3) accelerating efforts to provide docu- Washington, too. fall—most notably in the funding for ments that will help lead to the fullest pos- These are good arguments on the the Economic Development Adminis- sible accounting of POW/MIA’s, campaign trail but the fact of the mat- tration—it still fails to provide ade- (4) providing further assistance in imple- ter is we have an ongoing program that quately for many programs which are menting trilateral investigations with Laos. should never be abolished, to maintain absolutely essential to promoting eco- Mr. HOLLINGS. Mr. President, mo- the development, not just the research, nomic and business development, in- mentarily the Senator from Delaware, but the development of our technology. vesting in research and development who I understand has substantial time At the end of World War II we had 50 and protecting American consumers. left, will come to the floor. percent of the work force in America in I want to underscore some of the Let me agree with my distinguished manufacturing; 10 years ago it was most egregious provisions in this con- chairman relative to the Immigration down to 26 percent; today, it is 13 per- ference agreement. and Naturalization Service whereby we cent. First, this bill proposes to eliminate cut not only New Hampshire, we cut I used to go to the factories in New the President’s Community Policing the State of South Carolina and other Hampshire campaigning. Program, one of the most successful small States to the tune of $500 mil- There are very few factories left in and popular anticrime initiatives ever lion—half a billion bucks out of the New Hampshire. I can find up on the enacted. Communities throughout the prison fund, out of prison construction, highway, 128, I think it is, going up Nation have already benefited enor- so that we could set up this imprison- from Nashua to Boston, Wang and mously from the Federal resources ment of immigration violators in the some of the others, Wheeler, Beta, made available under this program. States of California, Texas, Florida, Frye—oh, I had a good time. There are today over 25,000 new police and otherwise. I mentioned earlier, the Governor of officers on the street battling violence So there should not be any criticism North Carolina, there, after Secretary and drug-related crime. In my own on that score. There should be thanks of Commerce Hodges, he had been the State of Maryland, 365 new officers are to the Senator from New Hampshire national president of the Rotary, and on the beat in urban and rural commu- and the committee that has done its his widow, now a resident of your home nities creating a new sense of security work in that particular regard. State, made sure I was introduced to and adding to the quality of life for all Otherwise, Mr. President, let me em- all Rotary Clubs up there. It was a tre- of our residents. The conference agree- phasize one more time the advance mendous pleasure. Otherwise, when re- ment’s proposal to replace this pro- technology program while I have a few ferred to on the Hoover Commission by gram with a block grant program minutes. We started that in our Com- our distinguished full chairman, Sen- would defeat the entire premise of merce Committee after a series of over ator HATFIELD of Oregon—yes, we community policing by shifting money

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18160 CONGRESSIONAL RECORD — SENATE December 7, 1995 away from providing new police offi- cess to the American legal system and at well under that. But to do so, it may have cers to communities in need. Lumping the protection it affords the many to rely on various sampling techniques that COPS grants in with other law enforce- basic rights we enjoy in this country. many Republicans are leery of. Some of the Maryland’s Legal Aid Bureau, which biggest costs the census faces are in going ment and prevention programs would back and finding those who do not reply to instead allow States to use the money receives by far the largest portion of the census form. Sampling would cut those for numerous other intentions ranging its total funding from the Legal Serv- costs. So a key question is whether Congress from prosecutors to housing code in- ices Corporation, has done an out- is willing to accept sampling methods in the spectors. standing job of representing Maryland interest of saving money. If the savings came Second, the conference agreement citizens living in poverty. With the instead from less intensive efforts to find has proposed to significantly reduce funding received from LSC, the 13 legal those who do not answer the census initial funding in important programs and query—many of them are poorer than aver- aid offices located throughout Mary- age, members of minority groups, immi- laboratory upgrades for the National land provide general legal services to grants and city dwellers—the biases that al- Institute of Standards and Technology. approximately 19,000 families and indi- ready creep into the data would deepen. I would zero out the Advanced Tech- viduals annually, assisting Maryland- Many in Congress suggest that costs could nology Program which assists busi- ers in such routine legal matters as be cut and response rates improved if the nesses large and small in developing consumer problems, housing issues, do- census shortened the questionnaire of its high-risk/high-impact technologies for ‘‘long form,’’ which goes to about one Amer- mestic and family cases, and applying ican in six. A shorter long form would save the 21st century. The ATP is fast be- for and appealing the denial of public some money, but at the cost of data lost to coming a key mechanism accelerating benefits. government, business and researchers of all the pace of commercial technology de- I am very concerned that the signifi- kinds. If ever there was a place for one of velopment. In its first 5 years of oper- cant reduction in funding in this con- those cost-benefit analyses the new Congress ation, ATP has already shown tremen- ference report for legal services would seems so fond of, this is it. dous potential for enhancing economic seriously impair the ability of legal For the next fiscal year, the Clinton ad- ministration had asked for $193.5 million for growth—especially during this time of services organizations like Maryland the census, and the Senate went right along. intensifying investor pressure to cut Legal Aid to provide these vital serv- But the House appropriated only $135 mil- costs and spend limited research funds. ices. lion. The conference committee has settled Even though ATP is relatively new, it Fourth, the conference report cuts on $150.3 million. For the short term, it’s not is already helping researchers in 38 $43 million from the administration’s clear to us that the census is the best place States. The conference agreement fiscal 1996 budget request, funding that to look for that much in savings, especially would eliminate not only future grant is absolutely essential for the Bureau since the bureau is now spending on techno- logical improvements and research designed initiatives, but also suspend funds for to gear up for the 2000 census. These to save money when the big bucks start get- projects already in progress. This pro- cuts would seriously endanger the Cen- ting spent around the year 2000. The test gram has truly been a success and sus Bureau’s ability to collect and should be whether small cuts now would risk must be continued. process periodic economic data. This larger cost increases later. Even more impor- I am also particularly concerned data is essential for businesses and pol- tant is for Congress to face up to the under- about the rescission of $75 million in icy makers to understand what is hap- lying policy issues, since the goal of a cheap- prior year unobligated balances and re- pening in the economy. A recent edi- er census could be at odds with some of Congress’s other objectives. duction of $10 million in the fiscal 1996 torial in the Washington Post under- request for the modernization of scores the importance of this funding Mr. HOLLINGS. Mr. President, the NIST’s 35-year-old laboratory facilities for the Census and I ask unanimous Senate had proposed a 20-percent cut in in Gaithersburg and Boulder, CO. With- consent that it be printed in the the budget of the International Trade Commission. The conference report re- out these funds, NIST will be unable to RECORD immediately following my proceed with its construction of the statement. stored most of the International Trade much needed Advanced Technology For these and other reasons I urge Commission’s budget. Various trade re- laboratory, the centerpiece of NIST’s my colleagues to join me in rejecting organization proposals have been ad- upgrade and construction program. As this legislation. vanced. Any attempt at trade reorga- the only Federal laboratory whose ex- There being no objection, the edi- nization must also encompass the reor- plicit mission is developing scientific torial was ordered to be printed in the ganization of the International Trade standards and providing technical sup- RECORD, as follows: Commission. It is my firm belief that the Commission flaunts the will of the port for U.S. industry’s competitive- [From the Washington Post, Dec. 7, 1995] Congress with regard to enforcement of ness objectives, NIST must have mod- COUNTING THE COST OF COUNTING ern infrastructure—the laboratories, our trade laws. Furthermore, the Com- Measured by the product created for the mission is rife with internal conflict. equipment, instrumentation, and sup- money spent, the U.S. Census Bureau is one port—in order to maintain a viable sci- of the most valuable agencies of government. At this time I ask for unanimous con- entific research program and to keep Data from the Census Bureau are vital to sent that memorandums written by the Chairman and various Commissioners our Nation on the cutting edge of business, to academia, to transportation be printed in the RECORD. Mr. Presi- science and technology as we move planners, to those who assess future housing demand and to many others. Census numbers dent, these memos speak for them- into the 21st century. are also among the country’s most impor- selves, and they speak volumes for the Third, Mr. President, I am deeply tant political numbers, determining how leg- concerned about the funding level for need to reform the ITC. islative seats are allocated and where bil- There being no objection, the mate- the Legal Services Corporation in this lions in federal dollars will go. rial was ordered to be printed in the conference agreement. The agreement The Census Bureau, like every other agen- RECORD, as follows: would provide significantly less fund- cy, is caught up in the battle for a balanced ing than provided in the Senate bill, budget. The bureau is unusual among federal WASHINGTON, DC, June 30, 1995. which would have reduced substan- agencies because its costs do not go up along MEMORANDUM tially the funding for legal services a straight line; they peak toward the end of To: The Commission. one decade and the very beginning of the from the fiscal year 1995 level of $400 From: Chairman Peter S. Watson. next, because of the bureau’s central mis- Subject: Attempted override of direction to million. sion: to conduct a national head count every issue press release re study in Inv. No. For more than two decades, the 10 years. The misfortune for the Census Bu- 332–TA–344. Legal Services Corporation has been at reau is that the cuts needed to achieve a bal- Earlier today I learned from the Director, the forefront of our efforts to give real anced budget between now and 2002 fall right Office of Public Affairs, of a purported deci- meaning to the words emblazoned in in the middle of its biggest spending years. sion by four Commissioners to override my stone above the portals of the Supreme The Census Bureau itself agrees with its direction to her to issue a press release in Court: ‘‘Equal Justice Under Law.’’ various critics that its needs to figure out the form that I had approved. how to produce better data for less money. If Section 1331, of course, provides that any The Legal Services program has pro- the census in the year 2000 were conducted of my administrative decisions ‘‘shall be sub- vided critically needed services to mil- exactly as the 1990 census was, the estimates ject to disapproval by a majority vote of all lions of poor, elderly, and disabled citi- are that its cost would grow from $2.6 billion the commissioners in office.’’ But that sec- zens who otherwise would not have ac- to $4.8 billion. The bureau wants to come in tion does require a vote. As our own General

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Counsel has advised: ‘‘While the statute WASHINGTON, DC, July 12, 1995. cerning a Commission study is not an admin- clearly provides that the Commissioners MEMORANDUM istrative decision within the Chairman’s au- shall have the right to vote on the question To: Director, Office of Public Affairs. thority under 19 U.S.C. 1331(a)(1), but rather of disapproval, it is silent with respect to From: Vice Chairman Nuzum, Janet Nuzum, a substantive matter involving external rela- tions, for which Commission approval is re- voting procedure. We know of only two ways Commissioner Rohr, Commissioner quired. In this case, a majority of Commis- in which the Commission and other collegial Newquist, and, Commissioner Bragg. sioners disapproved the press release in favor bodies vote on matters—by notational voting Subject: Press Release in Inv. No. 332–344. (e.g. action jacket) and by vote in the course We are very concerned about the events of of a revised press release. Thus, when you di- of a meeting. The Commission utilized both Friday, June 30, surrounding the issuance of rected the issuance of a press release that forms of decisionmaking at the time Con- a press release that had been disapproved by had been disapproved by a majority of the gress was considering the amendments to a majority of the Commission. You work for Commission, you acted outside of your au- section 331, and we presume that Congress the entire Commission, and may not carry thority. intended that disapproval votes could occur the instructions of a single Commissioner, Although this was not a case of an at- in either manner.’’ including the Chairman, if those instructions tempted override, you are incorrect in sug- gesting that a vote to override an adminis- The reason for such voting is to allow all conflict with the direction of a majority of trative action by the Chairman can only be Commissioners a say in any business before Commissioners. accomplished by means of an action jacket the Commission—in other words, it enforces In the future, we expect that you will take or by vote in the course of a public meeting. some minimal deliberation by the entire actions consistent with the views of the The courts have upheld various means of no- body, whether in writing or orally. Commission majority. If you encounter what you believe are unfair tactics or intimida- tational voting, including the separate ex- This advice was confirmed to me late tion by a single Commissioner attempting to pression of views to an office compiling the today by the Inspector General. I continue, thwart the will of the majority, please advise views. In this case, four Commissioners ex- therefore, to direct the issuance of the press the remaining Commissioners promptly and pressed their disapproval of the press release release as originally drafted. take no action until so authorized by a ma- and their concurrence in a revised text, both Per Administrative Order 94–26, ‘‘any Com- jority of Commissioners. We will not tol- to the Director of Public Affairs and to your missioner may request that an item, other erate such behavior by our colleagues and office, orally and by means of electronic than an outstanding action jacket, be placed have advised them that we will take appro- mail. This would have been sufficient for an on the agenda for a public meeting of the priate action if it occurs. In the case of a ca- override, had this been an override situation. Commission.’’ If any of my colleagues wish reer employee threatened with termination Your action further contravenes 19 U.S.C. to do so, they may. or other adverse personnel action for refus- 1331(a)(3) which states: ‘‘No member of the ing to follow instructions that violate the Commission, in making public statements with respect to any policy matter for which WASHINGTON, DC, June 30, 1995. will of a majority of the Commission, we note that the Chairman does not have the the Commission has responsibility, shall rep- MEMORANDUM authority to terminate a supervisory em- resent himself as speaking for the Commis- To: Peg O’Laughlin. ployee at or above grade GS–15 without the sion, or his views as being the views of the From: Peter S. Watson. express approval of a majority of the Com- Commission, with respect to such matter ex- Subject: Press Release for Inv. 332–TA–344. mission. 19 U.S.C. 1331(a)(2)(A). In the case of cept to the extent that the Commission has other adverse personnel action, the Commis- adopted the policy being expressed.’’ I direct you to issue the attached press re- You directed the issuance of a press release lease immediately. The authority of me to sion majority can and would take action to override any such adverse action under these to the public with the knowledge that it did direct the release of the same, over the ob- not represent the policy of the Commission. jections of certain Commissioners; is con- circumstances. Press releases concerning Commission de- In fact, there was a majority consensus on tained in CO70–S–066, a copy of which I at- terminations or reports require the approval what the policy of the Commission would be tach. As there has been no legally recognized of the Commission. Contrary to the Chair- regarding this study and the public’s access override of my direction to you, the press re- man’s characterization in his memorandum to its contents, but you did not agree with it. lease is to be issued without any delay. CO70–S–066 (June 30, 1995), the issuance of Instead, you made your own determination Using the same authority, I direct you, or such press releases is not an administrative on what that policy should be, and you rep- any subordinate of yours, not to release any decision subject to override by a majority of resented to the public that policy as being other press release concerning this investiga- the Commission within the scope of 19 U.S.C. the Commission’s position, knowing that it tion unless authorized by me in advance, in 1331(a)(1). Rather, as described in the at- was not. Thus, in our view, you improperly writing. tached memorandum from the General Coun- represented yourself as speaking for the Commission by ordering the issuance of this Attachment. sel, the issuance of a press release regarding a Commission response to an Executive release as a Commission document. ITC RELEASES STUDY ON THE ECONOMIC EF- Branch request is a substantive matter in- Your actions in this matter are rendered FECTS OF ANTIDUMPING AND COUNTERVAILING volving external relations, and as such re- even more egregious by the ‘‘management by DUTY ORDERS AND SUSPENSION AGREEMENTS quires majority approval by the Commission. intimidation’’ tactics that you employed. It This is precisely the reason that such press is highly inappropriate for the Chairman to The United States International Trade threaten career government employees with Commission (ITC) today released the results releases are routinely circulated by the Of- fice of Public Affairs to all Commissioners’ adverse personnel action if they fail to fol- of its investigation Economic Effects of low his personal instructions that violate Antidumping and Countervailing Duty Or- offices—for approval by the Commission, not approval by the Chairman. The Commission the clearly-expressed position of a majority ders and Suspension Agreements (Investiga- of the Commission. We are very concerned tion No. 332–344). The report, which also re- did not approve the press release that you issued on June 30; in fact, a majority of Com- about your use of such tactics, which place ports on the economic effects of the dumping the entire Commission at risk for employee and subsidy practices that such orders and missioners disapproved it, and instead indi- cated its approval of a revised press release. grievances, sexual harassment lawsuits, and agreements address, was forwarded to U.S. resulting potential liability. To the extent Trade Representative Mickey Kantor, who thus, issuance of that press release was im- proper. that we are required to do so by law, we requested study. hereby serve notice that we do not condone The investigation was originally requested WASHINGTON, DC, July 12, 1995. such behavior and will not hesitate to take by former USTR Carla Hills in January 1993. appropriate action should it occur in the fu- MEMORANDUM Ambassador Kantor resubmitted the request ture. in June 1993 with a broadened investigative To: Chairman Watson. scope. The ITC instituted the investigation From: Vice Chairman Nuzum, Commissioner WASHINGTON, DC, July 13, 1995. in July 1993. Two days of public hearings Rohr, Commissioner Newquist, Commis- MEMORANDUM sioner Bragg. were held in September 1994 as part of the To: Vice Chairman Nuzum, Commissioner ITC’s full investigative process. Subject: Press Release in Inv. No. 332–344. We strongly object to your action of Fri- Rohr, Commissioner Newquist, Commis- The ITC report Economic Effects of Anti- day, June 30, in directing the issuance of a sioner Bragg. dumping and Countervailing Duty Orders press release that had been disapproved by a From: Peter S. Watson. and Suspension Agreements (Investigation majority of the Commission. We are dis- Subject: CO69,64,67 & 71–S–001 dated July 12, No. 332–344, USITC Publication No. xxxx, turbed by your heavy-handed tactics regard- 1995, Press Release in Inv. No. 332–344. June 1995) can be ordered without charge by ing issuance of a Commission press release, Thank you for the above-referenced joint calling 202–205–1809 or by writing to the Of- which before your actions of that Friday had Memorandum and the Memorandum GC-S- fice of the Secretary, Publications Branch, been an uncomplicated collegial process. We 295 attached thereto, both dated July 12, 500 E Street SW, Washington, DC 20436 (FAX: also disagree with both the premise and sub- 1995. 202–205–2104). stance of your memorandum CO70–S–066 The submissions are interesting insofar as The report will also be available on the (June 30, 1995). they reflect creative interpretation and writ- ITC’s Internet server at http://www.usitc.gov The premise of your memorandum is incor- ing. Yet, as entertaining as your submissions or ftp://ftp.usitc.gov. rect: the issuance of a press release con- might be, I do not find them compelling.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18162 CONGRESSIONAL RECORD — SENATE December 7, 1995 Instead, I find the interpretation of Com- made before the end of FY 95 will affect our been made. The Commission would be hiring mission voting procedure the GC set forth in budget planning for FY 96, I believe it is im- highly productive individuals at a GS–9 level GC-L-047, and in which the IG orally con- portant that the Commission be advised of (average entry level is GS–11/3) who have al- curred, to be compelling. Accordingly, I con- my decisions in that regard and given the op- ready been trained. I note that precedent ex- tinue to be directed by it, and I will expect portunity to comment on the same. ists to convert co-op personnel during a hir- relevant Commission employees to do the I recently received a request (OP–S–028) ing moratorium. Although the Commission same. For the same reason, the validity of dated July 21, 1995, from the Director of Op- does not have a legal obligation to hire co-op my original action stands. erations regarding certain critical staffing employees on a permanent basis, it makes What I found less amusing was the asser- needs. Attached for your review and informa- sense to do so with successful candidates if tion that my conduct ‘‘place [note: not may tion is Mr. Rogowsky’s July 21, 1995 memo- we are going to continue to embrace the pro- place] the entire Commission at risk . . . randum, other memoranda related to re- gram. 2 It is my understanding that the Of- sexual harassment lawsuit’’. A separate com- quests for hiring authority, and background fice of Personnel does not believe an exten- munication will be forthcoming on this par- information on the ITC’s Cooperative Edu- sion of their temporary status is possible. ticularly serious, and totally groundless, cation Program. Moreover, they would not have health insur- charge. Upon review of these memoranda and after ance unless converted. Because the co-op em- numerous conversations with staff, I have ployees, if converted, would likely be among WASHINGTON, DC, July 14, 1995. decided that it is sagacious to authorize Of- the first to go in a RIF targeted at Indus- fice of Industries (OI) to convert three co-op MEMORANDUM tries, I would advise them in advance of their employees to permanent status (authoriza- questionable job security. To: Chairman Peter Watson. tion to hire into the co-op program granted Please provide me with your comments in From: Vice Chairman Janet Nuzum, Com- 12/27/94 by this Office) and to authorize the writing by the close of business August 16, missioner David Rohr, Commissioner Office of Information Systems (OIS) to an- 1995. Don Newquist, Commissioner Lynn nounce and hire a computer specialist. I have Bragg. concluded that it is in the ITC’s best interest WASHINGTON, DC, August 17, 1995. Subject: Clarification of our memo of July to fill these positions despite the possibility MEMORANDUM 12. that the Commission’s FY 96 appropriation In light of your comments in CO70–S–070 of may necessitate a reduction in force. At this From: Peter S. Watson. late yesterday, we wish to clarify our state- time, I do not expect to grant any other hir- To: David B. Rohr. ments in the last paragraph of our memo- ing authorizations in FY 95. Subject: Use of title: ‘‘Senior Commis- randum of July 12. We were not, and are not, We may estimate that the Commission will sioner’’. alleging that you have engaged in sexual have approximately 425 full-time permanent I am in receipt of your Memorandum CO64– harassment, and regret any inference of employees on board at the close of FY 95 (if S–055 dated August 14, 1995. Upon a thorough such. Our concern is the use of intimidating the aforementioned positions are filled). This review of the entire matter it is clear that tactics and the possibility of grievances or number is based on several considerations in- the only relevant activity of disseminating lawsuits being filed by staff should such cluding the assumption of a conservative at- misleading information relates to your per- treatment persist. Obviously, we would not trition rate during FY 96. The last trans- sistent and ongoing public use of the non-ex- welcome such filings; besides the obvious action report (AD–S–175 dated August 7, 1995) istent title ‘‘Senior Commissioner’’. It is a legal costs, there would be serious repercus- indicates that the Commission has approxi- matter of public record that you are the sions to morale within the agency. We need mately 423 funded permanent position filled. longest-serving Commissioner. However, it is a Chairman who leads by respect, not threat. This number would change as follows: 1) the obvious from the style and context of your We hope you agree. In bringing these con- Commission is currently expecting to hire a use of the term ‘‘Senior Commissioner’’ that cerns to your attention now, it is our sincere Director of Administration and a Director of the same connotes a formal and legal title, hope that you will appreciate these concerns Economics (+2); 2) four more voluntary early and does not merely indicate relative length and that we can all avoid this situation from retirements will occur by September 30th of tenure. escalating. (¥4); 3) replacing Andy Fontaine in OIS and The correspondence attached to your approving the conversions of the three co-op Memorandum indicates that you have on at WASHINGTON, DC, July 17, 1995. employees would add four (+4). The net re- least three occasions formally and in writing MEMORANDUM sult under this scenario would be 425 perma- represented yourself with the title ‘‘Senior Commissioner’’. The record reflects that you To: Vice Chairman Janet Nuzum, Commis- nent employees. I recognize that staffing in sent two letters to the Financial Times and sioner David Rohr, Commissioner Don Commissioners’ offices may fluctuate slight- one letter to Inside U.S. Trade using this non- Newquist, Commissioner Lynn Bragg. ly as well. existent title. This self-appointed title ap- From: Peter S. Watson. It is, or course, useful to ask whether the parently misled the Letters Editor of the Fi- Subject: CO69, 64, 67, & 71–S–003 of July 14, Commission could sustain 425 full-time per- nancial Times who indeed addressed you with 1995. manent employees under different budget the title ‘‘Senior Commissioner’’ in his re- I am in receipt of the captioned Memo- scenarios. Based on Mark Garfinkel’s esti- sponse to you dated August 1, 1995. randa. In respect to your actions that I took mations, if we are funded at $44.5 million, Please note that the term ‘‘Senior Com- issue with in the last paragraph of my the Commission would be able to support 425 missioner’’ does not appear as a title desig- Memorandum CO70–S–070, knowledgeable positions. If we are funded at $43.5 million, a nating a position in any statute relating to counsel has advised me that, upon a review furlough appears to be required to avoid a the Commission, or in any Commission regu- of the facts and applicable law, he believes RIF. If, however, we are funded at $42.5 mil- lation, directive or administrative order. See actionable libel was committed by each of lion or below, a RIF would become necessary the attached OGC Memorandum LMS–S–041. you (and perhaps others, yet to be identified) even with a furlough. All of these scenarios Your use of non-existent title is, at the in respect to the same. assume a non-personnel expenditure reduc- least, a profound embarrassment to the Com- Adlai Stevenson once observed that it is tion of 10% (not including rent) and some at- mission and especially to yourself. Moreover, often easier to fight for principles than to trition in FY 96. We also expect some savings I am concerned that any continuing use of live up to them. I have no lessons to learn from reducing leased space to be realized in 1 the same might bring about a situation that from those who would presume to piously FY 96. With the departure of Andy Fontaine in results in a claim that use of the title in school me while simultaneously publishing OIS, there exists a critical need for addi- question is in violation of law. In this con- and disseminating the insidious and odious tional technical computer support in that text one should note 18 USC Section 912 enti- language referred to. I am, however, pre- Office. The only other OIS employee that has tled ‘‘Officer or employee of the United pared to accept the unconditional retraction a technical experience is Wally Fullerton. States’’ which states: of, and apology for, the language that you While OIS may be currently over-staffed, ex- ‘‘Whoever falsely assumes or pretends to be issued as an end of your role in this most re- isting employees cannot be trained to fill an officer or employee acting under the au- grettable matter. Andy’s position. It is important to note that thority of the United States or any depart- the positions currently filled by Andy and ment, agency or officer thereof, and acts as WASHINGTON, DC, August 11, 1995. Wally Fullerton would likely be placed in a such. . . shall be fined under this title or im- MEMORANDUM separate ‘‘competitive level’’ from other prisoned not more than three years, or To: The Commission. staff, preventing those positions from com- both.’’ From: Peter S. Watson. peting in a RIF targeted at OIS. In that context, the Supreme Court case of Subject: Request for hiring authorizations. The Office of Industries is operating at a United States v. Barnow, 339 US 74, 60 1 Ed The purpose of this memo is to seek com- level well below its current ceiling of 125 155, 36 Ct 19 (1915) supports the obvious con- ment on action I am considering on several full-time permanent positions. The co-op clusion that 18 USC Section 912 is to be read requests for authorization to hire. As you conversions will still leave industries six po- broadly to include the false representation know, I instituted a hiring freeze this past sitions below its ceiling and fill important or as to some office or employment which has April (Administrative Order 95–13) that al- critical needs in OI divisions. I am mindful no legal or actual existence. As the Court lows exceptions for demonstrated critical that a significant investment in the program notes ‘‘. . . the mischief is much the staffing needs. Because all hiring decisions and these particular employees has already same. . . whether the pretender names an

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18163 existing or non-existing office or offi- Countervailing Duty Orders and Suspension naval base for use as an INS satellite cer. . .’’. Agreements,’’ which included the $16 billion training facility. Since the entire Commission is now on no- dollar cost figure, actually originated in and Although the FBI does not receive tice of your continuing use of the said title was disseminated from this agency with quite the funding that I would like it and of possible claims arising from ongoing some sort of deliberate intent that it be mis- to, it nevertheless receives a substan- use thereof, I hereby direct you to imme- taken for a Commission-sponsored document. diately and permanently cease and desist in I think we all should be very concerned tial increase over 1995. the use of the same. about the appearance (at least) of dishonesty The conference report represents and lack of integrity at the Commission if, over a 9.8-percent increase compared to WASHINGTON, DC, August 1, 1995. indeed, such information originated here and fiscal year 1995 enacted levels. This in- MEMORANDUM was disseminated as though it were a Com- crease provides resources enabling the To: The Chairman. mission publication. I believe the informa- FBI to address many projects and ini- From: The General Counsel. tion disseminated was, in fact, wrong. I doc- tiatives. These initiatives include: Per- Subject: ‘‘Senior Commissioner’’. umented this in my previous memorandum. sonnel to staff the FBI Command Cen- This is in response to your request for a re- Regardless, however, of how the information ter; FBI legal attaches; safe streets view of whether the term ‘‘Senior Commis- is characterized, it appears to have been dis- task forces; FBI laboratory equipment seminated as though it were from the Com- sioner’’ appears as a title designating a posi- and personnel; emergency response tion in any statute relating to the Commis- mission. This is the critical misrepresenta- tion—not that the information was wrong— teams; upgraded databases on gangs; sion, a Commission regulation, a directive, State, local, and Indian tribal law en- or an administrative order. We have found no but that it was apparently deliberately mis- such usage in statutes (both current provi- represented to be from the Commission. forcement training; aviation mainte- sions and those applicable in 1996) relating to Therefore, I renew my request for your nance and equipment; and wireless the Commission, the Commission’s Rules of thoughts and those of my colleagues about radio communications. Practice and Procedure, directives, or ad- any actions that we might take to shed light Construction funds are provided to ministrative orders. on this case and assure that similar occur- renovate the FBI Command Center, to rences are precluded in the future. I will modernize the FBI Training Academy have to assume that continued silence by WASHINGTON, DC, August 22, 1995. you or any other Commissioners is a lack of for use by Federal, State, and local law To: Chairman Peter S. Watson. enforcement officers, and to begin From: David B. Rohr. interest and concern. I also renew my request for your commu- work on a new FBI laboratory facility. Subject: Your memorandum CO70–S–082 (use The conference report does not in- of term ‘‘Senior Commissioner’’); My nications with the Financial Times related to memorandum CO64–S–055 (Title VII the Title VII study. clude a $29 million request relating to Study, Investigation No. 322–334). Mr. HATCH. Mr. President, I would the full annualization of personnel that I have seen your August 17, 1995 memo- just like to make a few comments with could have been hired in fiscal year randum, CO70–S–082. I note that you take respect to Senator BIDEN’S remarks. 1995. In light of this hiring delay, how- issue with my use of the term ‘‘Senior Com- First, Senator BIDEN remarked that ever, the full personnel funding request missioner,’’ but avoid the important matter the process by which this bill was is not necessary. raised by my memorandum CO64–S–055, the The report provides significant fund- circulation of misleading information to the brought to the floor was problematic. I agree, the process was imperfect. I ing for U.S. attorneys offices as well. media on our Title VII investigation and re- The $925,509,000 in the conference re- port. would rather have brought the author- Your views regarding the use of the term izing language through the normal port represents over a 8.5-percent in- ‘‘Senior Commissioner,’’ while interesting, process. I would note, however, that we crease compared to the fiscal year 1995 reveal a surprisingly deficient research ef- have already held more hearings on the enacted levels. Funding will support fort. Rather than merely parse the statute, authorizing language in this bill than expedited deportation of denied asylum you could have researched Commission cus- the Judiciary Committee held on the applicants, Federal victims counseling tom and tradition, precedent that is impor- entire 1994 crime bill. I think it’s tough under the Violence against Women Act tant in matters such as these. Such research and increased demands for criminal would have revealed the use of the title by to argue about the process by which this bill was sent to the floor. prosecution and related activities. other Commissioners at appropriate periods The conference report also pays for Second, I would like to address the of their tenures. I recall, in those cases, the security upgrades at U.S. attorneys of- Senior Commissioners were accorded cour- so-called cuts to Federal law enforce- fices, increased prosecutions of immi- tesy and respect by their colleagues, quali- ment. Federal law enforcement is in- ties that are, indeed, in short supply within gration laws, and funds to maintain at- creased nearly 20 percent over 1995 lev- torney and support personnel levels for the current Commission. els. And I would note that since 1990, Also on the ‘‘Senior Commissioner’’ issue, the prosecution of violent crime. I must point out that the letterhead I use the only real cut to Federal law en- The DEA also received an increase in clearly shows the statutorily designated forcement came in the President’s first this bill, as it should. Drug use is the title of ‘‘Commissioner’’ in the upper left budget. Indeed, Congress actually re- scourge of America, and it needs to be hand corner. My use of the term ‘‘Senior stored the President’s cuts. combated. Commissioner’’ is subordinate to this statu- For example, the Commerce, Justice, I fought for $60 million in trust fund tory designation. The term ‘‘Senior’’ in State conference report funds INS at money for the DEA during the Com- ‘‘Senior Commissioner’’ is merely an adjec- an increased rate of $2,557,470,000. prehensive Terrorism Prevention Act. I tive, reflecting my seniority of tenure among The conference report provides over a the current Commissioners, a fact that even appreciate the Appropriations Com- your memorandum acknowledges. Seniority 23.5-percent increase of fiscal year 1995 mittee taking my funding rec- of tenure is statutorily referred to in section enacted levels. This increase provides ommendation into account and pro- 331(c)(1)(B) of the Tariff Act of 1930, as funds to better control our borders and viding DEA with $60 million of trust amended. I am merely using the title as it to stem illegal immigration. fund money. has been customarily used at this agency, The conference report provides funds The conference agreement provides and, in my case, perhaps, also as a reference for 800 new border patrol agents, 160 over a 6.4-percent increase compared to to chronological age. support personnel, and allows for bet- fiscal year 1995 enacted levels. This I am very disappointed that you have cho- ter INS efficiency by redeploying inte- sen to ignore the purpose of my memo- provides to the DEA funds to improve randum CO64–S–055, which was to call your rior agent positions to locations where its infrastructure and to better support and our colleagues’ attention to what I be- the illegal immigration problem is investigative efforts. lieve to be misleading publicity regarding most severe, the border. The conference report includes pro- the Title VII report. My concern is height- The report also increases, by 1,400 po- gram increases for the DEA’s legal at- ened by a second letter from the Financial sitions, personnel dedicated to appre- tache program, contract linguist sup- Times, received on Friday, August 18 (copy hend, locate, detain, and deport illegal port, advanced telephony, office auto- attached), which states in paragraph 2 that aliens. Funding is also provided for mation, new agents for domestic heroin ‘‘Nancy Dunn’s original story . . . was based over 2,800 detention beds and funding upon information supplied by the ITC.’’ (em- enforcement, mobile enforcement phasis added). This suggests very strongly for antismuggling units. teams, and wireless radio communica- that the June document ‘‘Release of U.S. Construction funds are provided for a tions. International Trade Commission (ITC) Study triple fencing pilot project in southern The conference report does not in- on Economic Effects of Antidumping and California and funds to renovate a clude $15 million requested relating to

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18164 CONGRESSIONAL RECORD — SENATE December 7, 1995 full annualization cost of personnel I ask unanimous consent that two of believe that Congress would not do the that could have been hired in fiscal the analyses to be printed in the same thing if no other change were year 1995. In light of this hiring delay, RECORD following my remarks. made to the prison grant program. Im- however, the full request personnel is The PRESIDING OFFICER. Without plying otherwise to arrive at the de- not necessary. objection, it is so ordered. sired result is disingenuous. The marshal’s service is also ade- (See exhibit 1.) Some of the Department’s results quately funded under the bill. Mr. HATCH. The problem is, the may be skewed on political grounds. The conference report provides over a numbers they use are unreliable, and Some of the results look peculiar in- 12.9-percent increase compared to fiscal are based on assumptions which are ei- deed. For instance, one analysis pur- year enacted levels. This agreement ther unprovable, or simply untrue. ported to show which States would provides funds to upgrade security at Indeed, an early Department criti- qualify for truth-in-sentencing grants, existing courthouses. Additionally, it cism of this grant program stated that: which would qualify for the less-lucra- provides additional security personnel, [t]he way the funds are divided among quali- tive general grants, and how much equipment, and communications funds fied States prohibits the determination of each State would receive under the for new and expanded courthouses. grant amounts until all States applications conference report. Perhaps it is only a As for today, we are trying to bal- are submitted and reviewed for compliance, coincidence, but among the 28 general ance the Federal budget. The Presi- and grant decisions are made. grant States in this analysis were 16 dent’s request for Federal law enforce- Yet the figures being bandied about States that are represented in the Sen- ment was not made in the context of purport to be exactly such determina- ate by 18 Senators who sit on either the balancing the Federal budget. He has tions. Judiciary Committee or the Com- the luxury of not balancing the budget. There are several sets of numbers merce, Justice, State Appropriations I would certainly like to put more floating around. Apparently, the De- Subcommittee. money back into Federal law enforce- partment would run figures based on There is much more one could say ment, but where will that money come any assumption given them. In such a about the numbers being bandied about from? case, one really can use statistics to by the Department of Justice on this I would ask if we do not balance the prove anything. issue. I will say no more about them, budget now, then when will we do it? As just one example of the wildly except to comment that this debate Where should we take the money from? varying sets of numbers released by the should involve policy arguments, not The plain truth is, this bill is an in- Department, under one set, my State political scare tactics. The bottom line crease to Federal law enforcement—an of Utah would receive no money in fis- is that I believe that, if it is adminis- increase of 20 percent. The only budget cal year 1996, in another it would qual- tered in an unbiased manner, all our passed here in recent years that cut ify for $2,324,958, and under a third sce- States will receive a fair share of funds Federal law enforcement was Fiscal nario, Utah would receive $4,350,000. under this bill—a share that is propor- Year 1994—The first full Clinton budg- There is even a fourth analysis, under tionate to their crime rate and to their et. which Utah receives more than $7.3 efforts to keep criminals off the I would also like to comment on the million. I understand that a fifth anal- streets. If a problem with the language Prison Grant Program Senator BIDEN ysis exists that gives Utah nearly $6 does exist we will certainly fix it on mentioned. The Department of Justice million. At this rate, eventually the the next round. has engaged in what might be chari- Department will be reporting that all This bill is not perfect. But it has its tably characterized as a campaign of of the money will go to Utah. While my priorities right, and devotes signifi- misinformation about the prison State, like each of our States, can cer- cantly more resources to the incarcer- grants provisions contained in the con- tainly use prison grant assistance, this ation of violent prisoners than the fis- ference report. For example, while only highlights the spurious nature of cal year 1995 appropriation bill did. committee staff was working on the de- these so-called analyses. Each of these That bill appropriated only $24 million tails of these provisions, the staff solic- analyses presumably are evaluating of an authorized $175 million. I believe ited and received informal comments the same program. that we can do better, and this con- from the Department’s Office of Policy As an example of assumptions used in ference report does so. I urge my col- Development. The Department’s com- the analyses that are simply untrue, leagues to support it. ments contained numerous factual er- the Department has repeatedly as- Furthermore, my friend from Dela- rors. sumed that the grant program would ware has also criticized the indetermi- For example, I was quite surprised to be funded at a level of $500 million in nate sentencing provisions in the con- receive a letter on behalf of the Amer- fiscal year 1996. Yet the conference re- ference report. ican Society of Corrections Adminis- port which the Department purports to I listened with great interest to my trators [ASCA] which parroted, errors be evaluating clearly appropriates $617 colleague’s remarks. I am certain that and all, the Department’s informal million for the program. it was not his intent to imply that this comments. These comments were ap- Moreover, several of the Depart- provision was designed to harm other parently transmitted to corrections de- ment’s analyses assumes that all $500 States. partments in every State. As the cor- million assumed appropriated pursuant The truth is, 34 States practice some rections director of my State of Utah, to the 1994 crime bill would be applied form of indeterminate sentencing. In who serves as the legislative com- directly to grants, while it assumes many instances, violent prisoners can mittee chairman of ASCA, noted in a that under the conference report, only be kept in jail longer in these States followup memorandum to the associa- $300 million would be applied to grants. than in determinate-sentencing States. tion’s executive director: With such a starting assumption, it is For instance, in Delaware, even if they These informal comments appear to be de- hardly surprising that the analyses keep a prisoner in jail 10 years, he signed to sidetrack or block any congres- would conclude that States will receive could be out in 9. In a system like sional attempts to revise the 1994 crime bill less funding under the conference re- Utah’s, the same criminal could be sen- in any way as the administration admittedly port. tenced to 5 to 15 years. Using criteria does not want any revisions to this Bill. The problem is, the premise simply very similar to the Federal sentencing Recently, the Department has been isn’t true. While the conference report guidelines, the Utah Parole Board can circulating a series of spreadsheets admittedly utilizes $200 million of the keep the prisoner in for 5 more years. containing data purporting to dem- $617.5 million appropriated to provide This bill does nothing more than onstrate how many of our States would extra assistance to truth-in-sentencing level the playing field for indetermi- suffer under the conference report as States with high numbers of criminal nate States that keep violent thugs compared to the 1994 crime bill. aliens, there is absolutely no reason to locked up.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18165 EXHIBIT 1 CRIME SUBCOMMITTEES—Continued *** State is ineligible for truth-in-sentencing grant awards under the pro- visions of the conference bill. Sufficient data are not available to determine [Grant amounts in thousands of dollars] eligibility for conference bill general grant awards at this time. CRIME SUBCOMMITTEES Assumptions [Grant amounts in thousands of dollars] Truth in Percent Under all scenarios, total appropriation is $500,000,000. sen- change, Current Law (Column 1): Current law assumes all formula grant funds com- are awarded because of ‘‘reverter clause.’’ One percent for administrative Percent tencing paring Truth in change, grants costs has been taken off the top, but none for technical assistance or dis- sen- awards cretionary funding. com- Current S. 3 under the under the tencing paring State law con- S.3 Grants (Column 2): Under S.3, 1% is taken off the top for adminis- grants grants con- trative costs. awards grants ference ference Current S. 3 under the under the bill in- Truth in Sentencing Grants Under the Conference Bill (Column 3): State law con- cluding bill to grants grants ference con- current 1. The Attorney General uses no program funds for housing Federal pris- ference that INA oners in non-Federal institutions. bill in- awards law cluding bill to awards 2. From the initial $500 million appropriated for truth in sentencing and that INA current general grants, Section 20109(a)(1) allocates 0.3% ($1.5 million) for pay- law ments for the incarceration of offenders under Indian tribe jurisdiction. Ad- awards awards New Hampshire ...... 1,248 0 *** —— New Jersey ...... 8,152 5,894 10,732 32 ministrative costs are set at one percent ($5 million) to be comparable with New Mexico ...... 3,050 2,828 0 —— other formulas. Total for formula New York ...... 54,953 44,051 34,924 ¥38 Direct SCAAP appropriations comprises $300,000,000. The conference bill grants ...... $495,000 $495,000 $405,600 ¥0 ¥ ¥ North Carolina ...... 13,892 11,765 7,750 44 requires that the difference between the initial authorization for prison Total awarded ...... 495,000 $387,060 $195,707 20 North Dakota1 ...... 963 1,599 9,917 307 grants ($500 million) and direct SCAAP appropriations ($300 million) be di- Ohio ...... 18,313 13,088 8,488 ¥45 verted from prison grants to awards under the Immigration and Nationality Alabama ...... 5,571 0 NA —— Oklahoma ...... 3,884 0 *** —— Act. Alaska 12 ...... 1,495 1,592 0 ¥100 Oregon1 ...... 5,048 2,847 0 ¥100 Footnotes From the Table Arizona ...... 8,617 7,817 13,188 53 Pennsylvania ...... 14,768 5,875 8,006 ¥48 Arkansas ...... 7,954 2,768 *** —— 1 These states are expected to be ineligible for both types of prison grants Rhode Island ...... 1,416 0 4,204 107 under the conference bill—general grants and truth in sentencing grants. California ...... 94,034 74,780 139,511 48 South Carolina ...... 11,150 9,808 6,937 ¥18 3 The states are not eligible for general grants because they fail to meet the Colorado ...... 3,822 0 0 ¥100 South Dakota ...... 1,040 0 *** —— Connecticut ...... 3,038 2,819 5,102 58 Tennessee ...... 6,617 4,071 *** —— parameters established by Section 20103(a)(2), which requires that states Delaware 3 ...... 1,632 1,914 0 ¥100 Texas ...... 21,224 13,762 *** —— ‘‘increase[d] the average prison time actually to be served in prison’’ since Dist. of Columbia ...... 3,328 2,962 *** —— Utah3 ...... 1,550 1,985 0 ¥100 1993 for part 1 violent crimes. According to the 1995 Bureau of Justice Sta- Florida ...... 48,636 37,432 29,429 ¥37 Vermont ...... 1,001 1,544 NA —— tistics report, ‘‘Violent Offenders in State Prison: Sentences and Time Georgia ...... 14,880 5,950 *** —— Virginia ...... 7,514 6,749 8,858 ¥22 Served,’’ (p.4) the average minimum time for violent offenders to serve be- Hawaii 3 ...... 1,273 1,758 0 ¥100 Washington ...... 8,312 7,577 *** —— fore release has not increased since 1993 for the indicated states. Idaho 2 ...... 1,278 1,761 0 ¥100 West Virginia ...... 1,382 0 *** —— 2 These states are expected to be ineligible for both types of prison grants Illinois ...... 31,927 25,948 20,007 ¥37 Wisconsin3 ...... 2,797 0 0 ¥100 under the conference bill—general grants and truth in sentencing grants. Indiana ...... 8,681 7,573 6,170 ¥28 Wyoming ...... 1,191 173 *** —— The states are not eligible for general grants because they fail to meet the Iowa ...... 2,179 0 NA —— parameters established by Section 20103(a)(3), which requires that states Kansas ...... 4,300 4,223 4,900 14 NA: Data are not available to determine eligibility for conference bill truth ‘‘increase[d] the average percentage of time of the sentence to be actually Kentucky 2 ...... 3,422 0 0 ¥100 in sentencing grant awards for Alabama, Iowa, and Vermont. served in prison’’ since 1993 for part 1 violent crimes. The above BJS report Louisiana ...... 13,456 11,421 7,621 ¥43 ——No grant is made under S.3, hence percent difference is meaning- indicates that the percent of the average maximum sentence to be served Maine 12 ...... 1,060 1,824 0 ¥100 less; or it is unknown if the State is eligible for a general grant under the for violent offenses has not increased since 1993 for these states. Maryland 3 ...... 8,176 6,907 0 ¥100 conference bill. 3 These states are expected to be ineligible for both types of prison grants Massachusetts3 ...... 8,004 5,805 0 ¥100 * Totals include projected 1998 award funds based on estimated 1995 under the conference bill—general grants and truth in sentencing grants. Michigan ...... 11,958 8,182 12,038 1 distributions for Truth in Sentencing and the Immigration and Nationality The states are not eligible for general grants because they fail to meet the Minnesota ...... 3,013 2,804 5,088 89 Act (TIS/INA) diverted from prison grants under Section 20110(b) and does parameters established by Section 20103(b)(2)(B), which requires that Mississippi ...... 3,998 3,964 4,818 21 not reflect direct SCAAP appropriations. states ‘‘increase[d] the average time served in the state for the offenses of Missouri ...... 11,516 9,975 3,874 ¥87 Dollar amounts listed indicate the estimated award for truth in sen- murder, rape, and robbery’’ since 1993. The above BJS report indicates that Montana2 ...... 1,040 1,618 0 ¥100 tencing grants. Zeroes indicate that the state failed to meet the necessary the average time served for violent offenses has not increased above 1993 Nebraska ...... 2,329 0 *** —— requirements as stated in the conference bill for both general grant awards levels for the indicated states. Nevada ...... 4,188 1,584 4,873 16 and truth in sentencing grant awards. COMPARISON OF POTENTIAL STATE AWARDS UNDER CURRENT CRIME ACT PRISON GRANTS, S. 3, AND NOVEMBER 28 CONFERENCE BILL AT $500 MILLION—PRELIMINARY [Grant amounts in thousands of dollars]

Percent difference* Percent difference exclud- Truth in ing TIS/INA grants sentencing TIS/INA Compared to current law State Current law S. 3 grants grants awards** Conference grants under the (1998 pro- Conference bill + TIS/ Conference Conference conference jection) S. 3 grants bill + TIS/ INA vs. S. 3 bill vs. cur- bill vs. S. 3 bill* INA rent law

Total for formula grants ...... $495,000 $495,000 $293,500 $200,000 ¥0 ¥0 ¥0 ¥41 ¥41 Total awarded ...... 495,000 367,060 195,765 200,000 ¥26 ¥20 8 ¥60 ¥47 Alabama ...... 5,671 0 NA ...... —— —— —— —— —— Alaska 12 ...... 1,405 1,802 0 ...... 27 100 100 100 100 Arizona ...... 8,617 7,617 6,085 7,000 ¥12 52 72 ¥30 ¥20 Arkansas ...... 2,954 2,769 *** ...... ¥6 —— —— —— —— California ...... 94,034 74,780 29,979 108,000 ¥20 47 85 ¥68 ¥60 Colorado 3 ...... 3,822 0 0 ...... ¥100 ¥100 0 ¥100 0 Connecticut ...... 3,038 2,819 5,117 ...... ¥7 68 81 68 81 Delaware 2 ...... 1,532 1,914 0 ...... 25 ¥100 ¥100 ¥100 ¥100 Dist. of Columbia ...... 3,326 2,962 *** ...... ¥11 —— —— —— —— Florida ...... 46,535 37,432 16,625 12,000 ¥20 ¥38 ¥24 ¥64 ¥56 Georgia ...... 14,680 5,950 *** ...... ¥59 —— —— —— —— Hawaii 3 ...... 1,273 1,758 0 ...... 38 ¥100 ¥100 ¥100 ¥100 Idaho 2 ...... 1,279 1,761 0 ...... 38 ¥100 ¥100 ¥100 ¥100 Illnois ...... 31,927 25,946 12,744 7,000 ¥19 ¥38 ¥24 ¥60 ¥51 Indiana ...... 8,561 7,573 6,180 ...... ¥12 ¥28 ¥18 ¥28 ¥18 Iowa ...... 2,179 0 NA ...... ¥100 —— —— —— —— Kansas ...... 4,300 4,223 4,897 ...... ¥2 14 16 14 16 Kentucky 2 ...... 3,422 0 0 ...... ¥100 ¥100 0 ¥100 0 Louisiana ...... 13,455 11,421 7,307 ...... ¥15 ¥46 ¥36 ¥46 ¥36 Maine 12 ...... 1,060 1,624 0 ...... 55 ¥100 ¥100 ¥100 ¥100 Maryland 3 ...... 8,175 5,907 0 ...... ¥28 ¥100 ¥100 ¥100 ¥100 Massachusetts 3 ...... 8,004 5,805 0 ...... ¥27 ¥100 ¥100 ¥100 ¥100 Michigan ...... 11,958 8,182 9,659 2,000 ¥32 ¥3 42 ¥19 18 Minnesota ...... 3,013 2,804 5,122 ...... ¥7 70 83 70 83 Mississippi ...... 3,996 3,984 4,838 ...... 0 21 21 21 21 Missouri ...... 11,616 9,975 6,964 ...... ¥14 ¥40 ¥30 ¥40 ¥30 Montana 2 ...... 1,040 1,618 0 ...... 56 ¥100 ¥100 ¥100 ¥100 Nebraska ...... 2,329 0 *** ...... ¥100 —— —— —— —— Nevada ...... 4,188 1,564 4,853 ...... ¥63 16 210 16 210 New Hampshire ...... 1,248 0 *** ...... ¥100 —— —— —— —— New Jersey ...... 8,162 5,894 7,737 2,800 ¥28 29 79 ¥5 31 New Mexico ...... 3,050 2,826 *** ...... ¥7 —— —— —— —— New York ...... 54,953 44,051 18,873 15,000 ¥20 ¥38 ¥23 ¥66 ¥57 North Carolina ...... 13,892 11,765 7,565 ...... ¥15 ¥46 ¥36 ¥46 ¥36 North Dakota ...... 963 1,599 3,956 ...... 66 311 147 311 147 Ohio ...... 16,313 13,668 8,287 ...... ¥16 ¥49 ¥39 ¥49 ¥39 Oklahoma ...... 3,884 0 *** ...... ¥100 —— —— —— —— Oregon 2 ...... 5,046 2,847 0 ...... ¥44 ¥100 ¥100 ¥100 ¥100 Pennsylvania ...... 14,756 5,975 7,901 ...... ¥60 ¥46 32 ¥46 32 Rhode Island ...... 1,415 0 4,221 ...... —— 198 100 198 100 South Carolina ...... 11,150 9,608 8,767 ...... ¥14 ¥39 ¥30 ¥39 ¥30 South Dakota ...... 1,040 0 *** ...... —— —— —— —— —— Tennessee ...... 6,617 4,971 *** ...... ¥25 —— —— —— —— Texas ...... 21,224 13,752 *** ...... ¥35 —— —— —— —— Utah ...... 1,650 1,985 4,350 ...... 20 164 119 164 119 Vermont ...... 1,001 1,544 NA ...... 54 —— —— —— —— Virginia ...... 7,514 6,749 5,778 ...... ¥10 ¥23 ¥14 ¥23 ¥14 Washington ...... 8,312 7,377 *** ...... ¥11 —— —— —— —— West Virginia ...... 1,302 0 *** ...... ¥100 —— —— —— ——

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18166 CONGRESSIONAL RECORD — SENATE December 7, 1995 COMPARISON OF POTENTIAL STATE AWARDS UNDER CURRENT CRIME ACT PRISON GRANTS, S. 3, AND NOVEMBER 28 CONFERENCE BILL AT $500 MILLION—PRELIMINARY— Continued [Grant amounts in thousands of dollars]

Percent difference* Percent difference exclud- Truth in ing TIS/INA grants sentencing TIS/INA Compared to current law State Current law S. 3 grants grants awards** Conference grants under the (1998 pro- Conference bill + TIS/ Conference Conference conference jection) S. 3 grants bill + TIS/ INA vs. S. 3 bill vs. cur- bill vs. S. 3 bill* INA rent law

Wisconsin 3 ...... 2,797 0 0 ...... ¥100 ¥100 0 ¥100 0 Wyoming ...... 1,191 173 *** ...... ¥85 —— —— —— —— NA: Data are not available to determine eligibility for conference bill truth in sentencing grant awards for Alabama, Iowa, and Vermont. * Dollar amounts listed indicates the estimated award for truth in sentencing grants. Zeroes indicate that the state failed to meet the necessary requirements as stated in the conference bill for both general grant awards and truth in sentencing grant awards. ** Totals include projected 1996 award funds based on estimated 1995 distributions for Truth in Sentencing and the Immigration and Nationality Act (TIS/INA) diverted from prison grants under Section 20110 (b) and does not reflect direct SCAA appropriations. *** State is ineligible for truth-in-sentencing grant awards under the provisions of the conference bill. Sufficient data are not available to determine eligibility for conference bill general grant awards at this time. —— No grant is made under S. 3, hence percent difference is meaningless: or it is unknown if the State is eligible for a general grant under the conference bill. See next page for assumptions and notes. Assumptions: Under all scenarios, total appropriation is $617,000,000. Current Law (Column 1): Current law assumes all formula grant funds are awarded because of ‘‘reverter clause.’’ One percent for administrative costs has been taken off the top, but none for technical assistance or discretionary fund- ing. S. 3 Grants (Column 2): Under S. 3, 1% is taken off the top for administrative costs. Truth in Sentencing Grants Under the Conference Bill (Column 3): 1. The Attorney General uses no program funds for housing Federal prisoners in non-Federal Institutions. 2. From the initial $500 million appropriated for truth in sentencing and general grants, Section 20109(a)(1) allocates 0.3% ($1.5 million) for payments for the incarceration of offenders under Indian tribe jurisdiction. Administrative costs are set at one percent ($5 million) to be comparable with other formulas. Direct SCAAP appropriations comprise $300,000,000. The conference bill requires that the difference between the initial authorization ($500 million) and direct SCAAP appropriations ($300 million) be diverted to awards under the Immi- gration and Nationality Act/TIS provision. Truth in Sentencing/Immigration and Nationality Act Awards (Column 4): These states fulfill truth in sentencing provisions and are therefore eligible to receive additional funds under the Immigration and Nationality Act. Footnotes from the Table: 1 These states are expected to be ineligible for both types of prison grants under the conference bill—general grants and truth in sentencing grants. The states are not eligible for general grants because they fail to meet the param- eters established by Section 20103(a)(2), which requires that states ‘‘increase[d] the average prison time actually to be served in prison’’ since 1993 for part 1 violent crimes. According to the 1995 Bureau of Justice Statistics report, ‘‘Violent Offenders in State Prison: Sentences and Time Served,’’ (p.4) the average minimum time for violent offenders to serve before release has not increased since 1993 for the indicated states. 2 These states are expected to be ineligible for both types of prison grants under the conference bill—general grant and truth in sentencing grants. The states are not eligible for general grants because they fail to meet the parameters established by Section 20103(a)(3), which requires that states ‘‘increase[d] the average percentage of time of the sentence to be actually served in prison’’ since 1993 for part 1 violent crimes. The above BJS report indicates that the per- cent of the average maximum sentence to be served for violent offenses has not increased since 1993 for these states. 3 These states are expected to be ineligible for both types of prison grants under the conference bill—general grants and truth in sentencing grants. The states are not eligible for general grants because they fail to meet the param- eters established by Section 20103(b)(2)(B), which requires that states ‘‘increase[d] the average time served in the state for the offenses of murder, rape, and robbery’’ since 1993. The above BJS report indicates that the average time served for violent offenses has not increased above 1993 levels for the indicated states.

Mr. COHEN. Mr. President, when this tise of some of the most knowledgable for the Department of Commerce, bill was originally on the Senate floor, poverty law attorneys in the country. State, Justice and related agencies. And, at a time when we are trying to and Senator DOMENICI offered his I appreciate the diligent work of the amendment to preserve the Legal Serv- reduce the intrusiveness of the Federal Government, we are imposing new Fed- respective House and Senate sub- ices Corporation, I supported Senator committees to craft a conference re- DOMENICI’s effort but expressed some eral mandates on how private organiza- port that seeks to maximize funding grave reservations about the restric- tions—such as Maine’s Pine Tree Legal that will be allocated to the Depart- tions that were being placed on recipi- Assistance and the Voluteer Lawyer ents of LSC funds. Project—may use their own money. ment of Commerce, Department of I hoped that the conference might The bill also fails to provide the Cor- State, the Department of Justice and come to understand the folly of these poration with sufficient administrative the 18 other agencies included in this restrictions and report out a bill that funds to properly perform the competi- appropriations measure. It has been would provide the LSC with sufficient tive bidding and monitoring require- made clear from the development of funds to fulfill its important mission of ments that this bill creates. H.R. 2076, that this measure would be I realize that there are many in the subject to a Presidential veto. Today, ensuring that our most needy citizens other body that wish to eliminate LSC as we debate this conference report it have equal access to our system of jus- in its entirety and see these measures tice—a promise written in stone on the as the first steps in that process. But is apparent the President will follow front of the U.S. Supreme Court. there were over 60 votes in the Senate through to veto this measure. Unfortunately, the product of the to preserve LSC and those votes should While I will support the conference conference with respect to the LSC is not be ignored. agreement today, because it contains entirely inadequate. I understand that the President in- vital funding for very meritorious pro- Under the conference report, LSC tends to veto this legislation, so I ex- grams, I want to express my serious funding would be cut from $400 million pect that the issue of the funding and reservations with legislative language in fiscal year 95 to $278 million, a re- structure of LSC will be before this included in this measure that may seri- duction of over 30 percent. body again. I agree that LSC must The bill would place 19 separate re- ously undermine the ability of law en- share in the budget belt-tightening forcement officials to effectively ad- strictions on recipients of LSC funds. that is being experienced throughout dress crime in their respective States These restrictions control not only the entire Government. And some new and cities. how legal services organizations may restrictions may be in order to ensure use their Federal grants but also how that LSC funds are targeted at the As you know, I have been a strong they may use funds derived from the most critical needs of our indigent citi- supporter of the 100,000 cops program. States, bar associations, and private zens. This program, which passed with wide- donations. But in the end, the Corporation must spread bipartisan support as part of the Under this bill, legal services organi- be provided funds sufficient to guar- 1993 crime bill. In that bill, Congress zations and the skilled attorneys that antee the continued operation of its authorized funds to go directly to work for them are precluded from tes- programs and restrictions that hinder where the problem exists: that is the tifying at a legislative hearing, com- legal services organizations from pro- shortage of law enforcement personnel. menting on a public rulemaking, or moting the interests of their clients This important program would be ad- communicating with Federal, State, or must be eased. I will continue to work ministered in a block grant under the local officials that operate programs toward this result with the President legislation now being considered. for the indigent. and members of the Appropriations At a time when we are authorizing Committee on both sides of the aisle. I am concerned that scarce dollars the States to operate welfare, Med- Mr. CAMPBELL. Mr. President, I would be spend by some mayors on icaid, and a host of other programs would like to make a few brief com- anything that can arguably be con- with less Federal intervention, we are ments on the conference report to H.R. strued as law enforcement under a depriving them of the advice and exper- 2076, the fiscal year 1996 spending bill block granting scheme.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18167 Also, I want to once again, reiterate successful in driving down drug use by Plainfield, NJ, and I saw what the my strong support for drug-court fund- teenagers from the all-time high of 54 Community Policing Program has ing. In Denver, our drug court is a percent in 1979 to just 27 percent by meant for that town. The results have tough, law-enforcement oriented solu- 1992. been dramatic. tion to society’s drug problem. It has PRIDE has proposed a grassroots Crime has been reduced. The rela- already begun to show success. It plan focused on a renewed parent tions between the police and the com- would be a mistake to eliminate this movement in the fight against teenage munity have improved. And the whole valuable tool for enforcement of our drug use. The goal of this effort is to city has benefited. drug laws. educate parents and involve them in I’ve seen similar results in several Understanding this bill will be vetoed programs that will prevent and reduce New Jersey cities. by the President, I look forward to drug abuse by their children. PRIDE’s Mr. President, community policing working with my colleagues to reach a volunteer-based approach will allow works largely by preventing crime be- middle ground in a subsequent appro- parents to create a drug prevention fore it happens. Under the program, of- priations bill. program most suitable to the needs of ficers are encouraged to get out of Mr. COVERDELL. Mr. President, as their community. I feel strongly that their cars and onto the streets. There, the Senate considers the 1996 Com- the best solutions are found closest to they go to know the people of the com- merce, Justice, and State appropria- the problem, which in this case, is the munity and their problems. In the tions conference report, I wanted to local level. I believe PRIDE’s proposal process, they also gain citizens’ trust focus my colleagues’ attention on the is a valiant step toward preventing and confidence. The improved relationship between need to obligate substantial resources drug use among our Nation’s most vul- the police and their community has to combat the devastating increase in nerable targets—our children. Putting several payoffs. Perhaps most impor- drug use among our children. Let me an end to drug use among teenagers is tantly, officers are able to identify and take this opportunity to describe one a key component in winning the war resolve conflicts early on—before they such effort. against the drugs. erupt into violence. Community police In its annual survey of drug use by In closing, I urge the Attorney Gen- officers often know when tensions are junior and senior high school students, eral to ensure that adequate resources building between rival gangs, or be- the National Parents’ Resource Insti- are available to combat teenage drug tween a husband and a wife. And they tute for Drug Education [PRIDE] re- use. In addition, I encourage the De- can take steps to defuse these tensions ported significant increases among partment of Justice to make available teenagers for crack, cocaine, heroin, in a constructive way. discretionary grant funds through jus- By contrast, officers who don’t get LSD, non-LSD hallucinogens, tice assistance and juvenile justice pro- out of their patrol car may have no inhalants, and marijuana. grams to support PRIDE’s efforts to es- idea that violence is about to erupt The PRIDE survey found that 33 per- tablish programs involving parents in until it’s too late to do anything about cent of our high school seniors smoked our fight against teenage drug use. it—or after the fact. marijuana in the past year, and 21 per- Mr. LAUTENBERG. Mr. President, I Community policing also makes citi- cent smoked monthly. Since the 1990–91 rise in opposition to this conference re- zens feel more safe. People tell me that school year, annual reported use of port. it’s very reassuring to see an officer marijuana in junior high school has Mr. President, before I discuss my walking the beat, available to help out risen 111 percent and has risen 67 per- views on the conference report, let me if a problem arises. This increased cent in high school. There has been an begin by commending the distinguished sense of security can make a huge dif- alarming 36-percent increase in cocaine Senator from New Hampshire, Senator ference in the quality of peoples’ lives. use by high school students since 1991– GREGG, and the distinguished Senator It allows them to go out at night, to 92, which was the period of lowest use from North Carolina, Senator HOL- take their kids for a walk in the park, in recent years. If we allow this trend LINGS, for their hard work on this legis- to get to know their neighbors. to continue, teenage drug use will lation. Senator GREGG in particular These are the kind of things that reach the U.S. all-time high of 54 per- has managed to get up to speed on the Americans should be able to take for cent, in less than 2 years. Let me re- intricacies of this legislation after Sen- granted. But they can’t in today’s cli- state, we will have more kids in high ator GRAMM left the subcommittee. mate of fear. school who are on drugs than are not. That’s not an easy thing to do, and he Another benefit of community polic- Despite these alarming trends, sur- deserves real credit for his efforts. ing is that it helps to involve the police veyed teenagers report only one-third Similarly, Senator HOLLINGS, as al- in the daily lives of young people. of nearly 200,000 parents talk to their ways, has demonstrated his expertise As you know, Mr. President, many children frequently about the dangers on the programs covered in this legisla- teenagers today are growing up with- of drug use. Yet the study shows that tion, and he also deserves credit for his out fathers, and without responsible parental involvement could signifi- work. adults who can set them on the right cantly deter drug use, even among Mr. President, given the hard work of course. Community policing officers older teenagers. Among high school these two Senators, I rise to oppose the can help fill that void. Although no po- students whose parents never talk conference report with some reluc- liceman can substitute for a father, of- about drugs, 34 percent smoked mari- tance. However, I have serious con- ficers can help instill a sense of values, juana, versus 24 percent who said their cerns with the final product, and so I and can lead young people away from parents speak about drugs a lot—a rel- am left with little choice. lives of crime and drugs. ative decrease of 29 percent. Drug use I am especially concerned about the But they can’t do that if they’re just declines sharply among students whose complete elimination of funding for the sitting in their patrol cars, isolated parents frequently discuss drugs with Community Policing Program. from the community. them. Mr. President, this body previously Mr. President, a broad range of law According to the president of PRIDE, voted to fully fund the COPS Program enforcement officials have recognized Dr. Thomas J. Gleaton, the most effec- reaffirming our commitment to put- the value of community policing. In tive drug prevention program in the ting 100,000 new police officers on the fact, a national poll found that a clear world—parental intervention—is used streets. majority of chiefs and sheriffs surveyed far less than we think. Unfortunately, we apparently have called community policing the most Since last March, PRIDE has devoted now backed down in the fact of opposi- cost-effective strategy for fighting a great deal of attention to the ques- tion from the House. And this con- crime. tion of how we, as a nation, can again ference report would completely elimi- In addition, national law enforce- capture the necessary level of parental nate the COPS Program. ment organizations, including the involvement that successfully drove Mr. President, the Community Polic- Major Cities Chiefs of Police, the Na- down teenage drug use in the previous ing Program is a program that works. tional Association of Police Organiza- two decades. By active involvement in I can attest to that because I’ve seen it tions, the National Sheriffs’ Associa- the antidrug movement, parents were first hand. A few months ago, I was in tion, and the Fraternal Order of Police,

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18168 CONGRESSIONAL RECORD — SENATE December 7, 1995 all have come out strongly in support effectively balance the budget, we high as 80 percent of the total for aero- of the COPS Program. These are the should make smart cuts, and protect space research and development. people at the front lines in the battle investments that will improve our Today, this industry is a critical U.S. against crime. And they know what quality of life, will provide high-wage, economic sector, employing many works. high-skilled salaries and will maintain thousands of Americans, and exporting Mr. President, it would be a serious U.S. leadership in the global economic billions of dollars worth of American- mistake to eliminate the Community marketplace. Afterall, these are the made products. Aerospace R&D invest- Policing Program in favor of a whole reasons we are trying to balance the ments have brought a huge rate of re- new bureaucratic mechanism that does budget in the first place. turn for the taxpayer. This sector illus- not now exist, and has no track record BACKGROUND OF OVERALL TECHNOLOGY CUTS trates that investing in innovative of success. In a recent talk to directors of Fed- technologies has been a keystone to Unlike the Community Policing Pro- eral laboratories, the House Speaker the Nation’s economic growth. gram, which was worked out in lengthy listed three priorities for his view of Until now, Presidential and Congres- negotiations during last year’s crime our technology future: We should be on sional support for Government invest- bill debate, the new block grant pro- the cutting edge of defense and knowl- ment in R&D has been bipartisan. In gram in this bill hasn’t been subject to edge, We should systematically bring 1960, President Eisenhower announced serious review. We don’t know whether science to Government, and we should in his State of the Union Message, it will work. maximize the speed by which we move There also are serious questions We now stand in the vestibule of a vast from science to product. He is right new technological age—one that, despite its about how State politicians will use about this agenda. Even though it is capacity for human destruction, has an equal this money. Under the terms of the singled out in this bill for elimination, capacity to make poverty and human misery block grant, Governors could choose to Commerce’s Advanced Technology Pro- obsolete. If our efforts are wisely directed— fund building code inspectors, parking grams [ATP] fits the Speaker’s agenda and if our unremitting efforts for dependable meters, bullhorns, or even carpets for perfectly. This cut comes against a peace begin to attain some success—we can courthouses. They wouldn’t have to background of deep R&D Program cuts surely become participants in creating an hire a single new police officer. this year. The American Association age characterized by justice and rising levels of human well-being. Mr. President, there is no need to for the Advancement of Science esti- deal with these kind of questions, and mates that Congress’ current course President Eisenhower understood the variety of other problems that are will cut Federal R&D by 30 percent. science and technology and its rela- involved in creating a whole new pro- Three recent comprehensive tech- tionship to Government. He supported gram. The Community Policing Pro- nology reports explain the need for a great expansion of R&D investment gram has an established track record. Government involvement in tech- including the growth of the research It’s been up and running for some time. nology investment such as the ATP university and the creation of ARPA, And we know it works. I’ve seen the re- program. An October National Insti- the great Defense Department R&D in- sults myself. And I am sure many of tute of Science and Technology plan- novator. In 1961, Eisenhower noted my colleagues have seen similar suc- ning report in October entitled, ‘‘Tech- that: cesses. nology and Economic Growth: Implica- The free university, historically the foun- So, Mr. President, I hope my col- tions for Federal Policy,’’ points out tainhead of free ideas and scientific dis- leagues will not abandon our national that ‘‘technology is the single most im- covery, has experienced a revolution in the commitment to providing 100,000 new portant determining factor of long- conduct of research. Partly because of the police officers. Community policing huge costs involved, a Government contract term econmic growth’’; it dem- becomes virtually a substitute for intellec- will make a real difference in reducing onstrates why Government investment tual curiosity. crime, if we stick to it. Yet this con- in science and technology programs le- ference report proposes to eliminate verage similar investments in the pri- In other words, the old stereotype of the program altogether. And that vate sector. the brilliant tinkerer, laboring away in would be a serious mistake. The Council of Economic Advisers his basement, making a great techno- Mr. President, another serious prob- has just released a report entitled, logical breakthrough with no help from lem with this conference report is that ‘‘Supporting Research and Develop- the outside world is an engaging, but it virtually eliminates crime preven- ment to Promote Economic Growth: out-of-date image today. Individual in- tion programs. The Federal Government’s Role,’’ and ventors, or even private businesses act- Mr. President, it’s a cliche, but it’s it tells us just how damaging cuts in ing on their own, do not have the re- also true that an ounce of prevention is R&D will be. In November, the admin- sources necessary to keep America at worth a pound of cure. And there has istration released a white paper on the forefront of technological innova- never been a more urgent need to help technology and economic growth that tion. ensure that young people, especially, underscores this point. It reviews the I am concerned, however, that the are given positive alternatives to lives role that Government has played on a majority in Congress this year is now of crime. Arrest rates for violent bipartisan basis in supporting innova- reversing their historic course and now crimes by juveniles have risen by near- tive technologies that create high-wage plans to sacrifice the techology invest- ly 100 percent in the last decade. And job markets, to provide our citizens ment that made the United States a these arrest rates are expected to dou- with higher standards of living and to global economic leader. I admire the ble again in the next 15 years. maintain U.S. leadership in the global goal of balancing the budget in 7 years, We need to do more to reverse these economy. and I have supported legislation to trends. And yet the conference report The CEA report points out that U.S. reach that goal. But I do not support largely ignores this need. Government support in research and some of the means; including this con- I urge my colleagues to reject this development has yielded a rich history ference report, that the majority has conference report. of innovation, from Samuel Morse’s chosen to reach that end. Cutting tech- Mr. LIEBERMAN. Mr. President, I original telegraph line in 1842, to dis- nology investment is akin to throwing rise today to express my deep concern covery of DNA and the creation of the lifeboats overboard to reduce the over the cuts in programs in the Com- Internet. Investments in research and ballast of a rapidly sinking ship. Cut merce, State, Justice appropriations development have high rates of eco- technology funding, and you cut the conference report. nomic return for the Government—a heart out of our efforts to promote eco- CUTS IN COMMERCE PROGRAMS stunning 50 percent social return and a nomic growth, trade, job creation. Yet Let me turn first to cuts in the Com- 20 to 30 percent private rate of return. that is what the majority’s budget will merce portion of the bill. Most of us The effect of Government technology do by slashing research and develop- agree that we must balance the budget, investment on the American people is ment funding by one-third by the year but let us avoid the trap of being penny clearly illustrated in the aerospace in- 2002, at a time when other industri- wise and pound foolish in this process dustry. Even as recently as the late alized countries—our competitors—are of making cutbacks. In our efforts to 1980’s, Federal investments were as increasing their technology budgets.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18169 Some like to say that Government Historically, the private sector have ‘‘created over 19 new jobs during should run more like a private busi- moves in the same direction as the 1995 directly related to the ATP pro- ness. Well, imagine you are the head of Government sector with regard to R&D grams, with 15 in Connecticut, and will AT&T, and you see MCI pouring mil- investments. Trends in Federal re- create scores of additional jobs in Con- lions into R&D. Do you say, ‘‘Great. search and development support cycles necticut and the United States.’’ Since Let us cut our R&D budget, and that correlate closely with private R&D; as the R&D will provide a foundation for will improve our bottom line?’’ If you Federal investment expands, the pri- products that can be commercialized. did that, the board of directors would vate sector responds with a subsequent He adds that companies like CuraGen have your head. increase in R&D spending. So the Fed- would not be effective players in the The Japanese Government, one of our eral investments leverage private sec- global market competition without the chief competitors, intends to double its tor investments. The CEA study warns, support of ATP. technology investment in the coming therefore, that the upcoming cut in Edward Dohring, the president of Li- years. And we are going to respond to Federal R&D will likely lead to cor- thography Systems, Inc., in Wilton, that challenge by cutting our tech- responding reductions in private sector CT, wrote to me in support of ATP, em- nology investment? I fear that these R&D. phasizing the merits of the fair selec- discrepancies in investing trends will The administration’s white paper on tion process which is entirely based on do real harm to U.S. exports and to our R&D investments points out that ‘‘the technical and business merit. He adds: economy as a whole. According to the Republican budget puts American tech- Half of all ATP awards and joint ventures Office of Technology Policy, the Amer- nological and economic leadership at fo went to small business directed partner- ican high-technology trade balance, grave risk’’ and ‘‘this is exactly the ships * * * and quality proposals in pursuit after being a key factor for years in wrong time to cut investment in of ATP funds far outstrip the funds avail- U.S. economic growth, is now deterio- R&D.’’ The white paper argues that we able. Without ATP, the technological oppor- tunities would be slowed, or ultimately for- rating rapidly, with an abrupt shift must protect key investments in re- feited to foreign competitors more able to from a surplus of $26.6 billion in 1991 to search, education and technology while make key investments in longer term, high- a deficit of $4.3 billion in 1994. With se- balancing the budget. er risk research, such as is the focus of ATP. vere budget cuts in technology and a ATP ATP stimulates economic growth by diminishing trade performance, Amer- In 1991, Alan Bromley, the science ad- developing high-risk innovations and ica will loose its footing on the high- viser during the Bush administration, by enabling technologies through pro- technology global market ladder. developed a list of critical long-term, posed and cost shared by industry. U.S. In his book, ‘‘Blindside: Why Japan Is high-risk technologies which should re- Government investment in research Still on Track to Overtake the U.S. by ceive Government and industry atten- and development is in peril at a time the Year 2000,’’ Eamonn Singleton lists tion and support. From these initial when our competition is increasing its technologies that have been commer- ideas, ATP was established to provide a support. Cuts in R&D are bad news for cialized and are the chokepoints that cost-sharing mechanism to support America’s future. Last month, the Con- Japanese industries now control in the new, world-class products, services and gress approved conference reports that electronics industry: flat panel dis- industrial processes projects valuable reduced both the Department of Trans- plays, compact disc players and CD- to Government users, that would also portation’s research, development, and ROM drives, notebook computers, stimulate U.S. economic growth. These technology programs and the Depart- semiconductor materials and equip- industry-government partnerships ment of Energy’s alternative energy ment, cellular phones and pagers, fax evolve from industry-proposed ideas for R&D programs by 30 percent from the machines and laser printers. A Japa- viable new, innovative technologies President’s budget request. The CEA nese technology expert notes that the which are managed by industry, in- report confirms that Federal invest- ‘‘silicon revolution promises as big a volve significant university participa- ments in R&D have a significant im- transformation in the world economy tion and are cost shared with NIST. pact on high-wage jobs and maintain- as all of the other technologies devel- ATP equals industry-driven, fair com- ing U.S. leadership in the global econ- oped since the 18th century put to- petition, partnership, and evaluation. omy. Now is not the time to drop out of gether.’’ These are all technologies ATP does not fund product develop- the global R&D race and wander down where the initial advances originated ment initiatives. Tax credits are not a a path toward technology bankruptcy. in the United States. Outside of the substitute for the ATP. Without gov- We need to protect our R&D invest- electronics field, Japan’s technology ernment cooperation, these types of ments, maintain our strong base and advantage has enabled it to take a lead precompetitive projects would other- build upon our technology infrastruc- in a long series of economic sectors in- wise be ignored or developed too slowly ture so that America will remain an cluding auto parts, auto industry man- to effectively compete in the global en- economic world leader. Eliminating ufacturing machinery, molds and dyes, vironment. ATP, as this conference report pro- cameras, medical and scientific instru- ATP programs have already begun to poses, is a grave error. ments, musical instruments, and con- establish niches in the marketplace OTHER TECHNOLOGY PROGRAM CUTS struction equipment. This is not the creating new jobs for Americans, in- This bill also contains large cuts in moment to cut back on U.S. R&D. cluding the small- to medium-sized the National Information Infrastruc- The Council of Economic Advisers re- business sectors. For example, in my ture grants program which helps sup- port reveals that the United States has State of Connecticut, CuraGen Corp. ply community services with advanced fallen behind Japan and Germany in its has received two 3-year, ATP awards in communications equipment to promote cumulative nondefense research ex- 1994 for unique ideas that are designed better health care, local government penditures as a percentage of GDP for to combat serious illness as well as to efficiency, and education services. the past 20 years. More serious, the diagnose and prevent disease. Edward Funding for the GLOBE Program CEA study shows that the United Rothberg, the chair of the board of which promotes understanding of States by the end of the decade will Laticrete International, Inc.: wrote to science and environmental science in also be behind Japan in actual annual me saying that schools would be zeroed out in this bill. funding spent on nondefense R&D. This The greatest benefit of this (ATP) program Commitments made to the joint is a dangerous development in an area is the development by CuraGen . . . to pro- projects of the United States-Israeli where the United States has long relied vide the means to attack and eventually Science and Technology Commission on a comparative economic advantage. cure serious illnesses that result in a high by Commerce’s Technology Adminis- number of deaths from cancer, and hundreds Though we are leaders in telecommuni- of billions of dollars spent for drugs to con- tration would also be hampered by the cations, semiconductors, and com- trol illness. A few million invested in re- reductions in this bill. Two other pro- puters now, we well may soon stand be- search to prevent illnesses will save a grams: the Manufacturing Extension hind other industrial countries if they hundredfold the investment in drugs that Program and the Economic Develop- continue to put their money where the only maintain, but do not cure them. ment Administration Defense Conver- jobs are and if we begin to pull our According to Gregory Went, the vice sion program will also be compromised money back. president of CuraGen, these two awards if this bill is passed.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18170 CONGRESSIONAL RECORD — SENATE December 7, 1995 CUTS IN JUSTICE PROGRAMS leadership, since they reach people we will have another opportunity to The conference report also undoes around the world living under repres- address this topic. I urge conferees to much of the good work we accom- sive governments or in emerging de- reconsider this provision and to elimi- plished in passing the 1994 anticrime mocracies. I was also disappointed to nate this unnecessary and unhelpful bill. It takes the COPS program—an see support for the National Endow- encroachment on the President’s power extraordinarily successful program ment for Democracy reduced even mod- to conduct foreign policy. that has been putting thousands more estly. Mr. THURMOND. Mr. President, I police on the streets of our commu- World leadership is a responsibility rise today in support of the language nities quickly and efficiently—and which is not free. But the financial included in this conference report turns it into a smaller, State block cost for effective American diplomacy, which reprograms money to establish a grant program. There are no guaran- formal and public, is a reasonable price Border Patrol training facility at the tees under the conference report that to pay for the continued U.S. leader- Charleston Naval Base. This announce- States will use those dollars to put ship in the world which is so important ment was made back in July of this more police on the streets. As I under- to the safety and prosperity of every Year after the Department of Justice stand it, they have discretion to put American. completed a competitive evaluation of these Federal dollars to use for general I cannot support this Commerce, several active and former Department law enforcement purposes. Experience State, Justice conference report. It of Defense facilities. In August, Con- tells us that fewer police will be funded strips funds needed to fight the war on gress approved the reprogramming re- under such an approach. And every crime, to develop the technology that quest that was sent by the Department study tells us, and my constituents will be a keystone to our economic fu- of Justice for this facility. During con- certainly have let me know, that what ture, and to undertake basic foreign ference on this appropriations measure, we need to feel safer and be safer in policy tasks. the committee voted by an over- their communities is more police walk- RESTRICTING THE UNITED STATES GOVERNMENT whelming majority of 11 to 1 to put the ing beats. I am strongly opposed to GROWTH OF UNITED STATES-VIETNAM RELA- Border Patrol training facility in TIONS drastically altering this program, and Charleston. particularly doing so on an appropria- Mr. BOND. Mr. President, one provi- It is expected that this facility will tions bill. sion in the Commerce, Justice, State train up to 2,400 agents over the next 3 appropriations bill that I oppose is the CUTS IN FOREIGN AFFAIRS years. Also, approximately 60 full-time The bill also does not adequately language that prohibits the Depart- instructors will be employed to con- fund foreign affairs functions essential ment of State from spending any funds duct the training. Mr. President, to expand our diplomatic relations to American engagement in the world Charleston is an ideal location for this with Vietnam until the President cer- and pursuit of our interests abroad. facility. It is only about 2 hours from tifies that Vietnam is fully cooperating While the funding levels are higher Glynco, GA, where the Border Patrol with the United States in four areas re- than in the original bill, they remain has its main training facility, and the lating to POW/MIA’s: First, resolving inadequate, funding for State Depart- naval base has readily available and discrepancy cases, live sightings and ment operations—American diplomacy convertible facilities to use for this field activities; second, recovering and and services for American citizens and project. The facilities, climate, and repatriating American remains; third, companies around the world—is set friendly community make Charleston accelerating efforts to provide docu- below last year’s levels. The President an ideal location for the Border Patrol ments that will help lead to the fullest had requested an increase in order to possible accounting of POW/MIA’s; and School. Mr. WELLSTONE. Mr. President, the keep necessary foreign posts open, re- fourth, providing further assistance in conference report the Senate is cur- place antiquated computer equipment implementing trilateral investigations rently considering does some weighty and maintain U.S. assets. with Laos. The funding levels for international I must say that I am somewhat damage to the 1994 Violent Crime Pre- organizations are grossly insufficient dumbfounded as to why we would in- vention Act passed by a bipartisan to meet our obligations and our na- clude this provision. In fact, the Presi- Congress last year. It would dismantle tional interests. The United Nations, dent certified these four criteria this the Community Oriented Policing NATO, and other organizations carry past summer, when he made the deci- Services [COPS] Program, block grant out activities—from peacekeeping and sion to move forward on full diplo- it, and combine it with the crime pre- nonproliferation to control of epidemic matic relations with Vietnam. vention block grant into one big block diseases and protection for human I certainly understand that there are grant. It would also cut funding for the rights—which directly serve America’s many who disagree with that move, resulting block grant. Along the way it national interests. but the fact is that as President, he has destroys funding for child safety cen- Many of these international organi- the authority to conduct foreign af- ters. The bill does fully fund the Vio- zations need management reforms fairs, and it is not appropriate for us to lence Against Women Act, also known similar to the reinventing Government try to undercut him. as VAWA, and for that I am grateful. exercise which Vice President Gore is Shortly after the President moved Mr. President, I want to begin my leading within the U.S. Government. forward with full diplomatic relations, statement by focusing on the positive, But our diplomats cannot effectively a vote was taken in the Senate on and by congratulating my colleagues pursue these reforms, and reduce the whether additional sanctions should be for deciding to fully fund VAWA. The expenditures of these organizations, if imposed against Vietnam. By an al- conference report restores the $76 mil- the United States is not a responsible most 2-to-1 margin, the Senate voted lion for VAWA that the House would member. For some functions, such as that no, we should not implement any have cut. VAWA funds are of vital im- U.N. peacekeeping, U.S. arrearages more sanctions on Vietnam. Let me re- portance to this nation. VAWA funds have already impeded sound manage- peat that. By nearly 2-to-1, we in the training for police, prosecutors, and ment and cost-efficient procurement. Senate said ‘‘no more sanctions on victims advocates to target family vio- The United States must be a respon- Vietnam.’’ lence and rape; programs to reduce sex- sible member of the international com- The President made the right deci- ual abuse and exploitation of young munity. We should pay our debts. It sion in moving forward with full diplo- people; training for judges and prosecu- does not make sense to build up arrear- matic relations. This provision would tors on victims of child abuse; training ages to the U.N. and other organiza- threaten those new relations without for State court judges on rape, sexual tions which we will need to pay off in in any way helping to meet its goal of assault, and domestic violence cases, the coming years as we move toward a resolving MIA cases. Moving forward and programs to address domestic vio- balanced budget. with relations and increasing bilateral lence in rural areas. Public diplomacy programs are also contacts is the best way of achieving Last year, $240 million was promised severely underfunded in this bill. The that goal. by Congress for the Violence Against international broadcasting programs It appears almost certain that this Women Act [VAWA] programs for fis- managed by USIA are critical for U.S. bill is headed for a veto, which means cal year 1996—$176.7 million for VAWA

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18171 programs administered by the Depart- I thank my colleagues for protecting munities. It is very flexible. Local ju- ment of Justice, and $61.9 million for this program. I wish that the rest of risdictions can work with the Justice VAWA programs administered by the the conference report reflected such Department to meet their particular Department of Health and Human concern on the part of my colleagues needs. The Justice Department has Services. for preventing crimes. acted swiftly, has minimized the paper- All of this is funded out of $4.2 billion Unfortunately, the conferees have de- work, and has staffed 800 numbers for provided by the Crime Trust Fund in cided to block grant COPS and to com- immediate assistance. It is not sur- 1996. Funding in the Crime Trust Fund bine it with local community crime prising, therefore, that approximately comes from eliminating 123,000 Federal prevention block grants. There are 200 Minnesota jurisdictions have par- jobs and cutting domestic discre- may serious problems with this ap- ticipated in this program. What’s more, tionary spending. Full funding of the proach. Attorney General Janet Reno has cre- Violence Against Women Program has In passing the crime law last year, ated a new effort at the Department of no effect on the budget deficit and re- Congress authorized $75.9 million for Justice to target some of these new quires no new taxes. Now, I want my local community crime prevention cops on the beat to help address domes- colleagues to clearly understand what block grants for fiscal year 1996, and tic violence. this all means. Last year, we as a coun- $1.85 billion for COPS. Instead of fully Having more cops involved in com- try decided that addressing crime was funding both individual programs, the munity policing fighting crime means a top priority. We decided that savings conference report that is before us cre- less crime. It is as simple as that. In from streamlining the Federal Govern- ates a single block grant, combining only a short time the COPS Program is ment and cutting other domestic pro- both the COPS program and the pre- already delivering on its promise of grams would go to fight crime. vention block grants and funding the providing more police officers in a very As a country we made a commitment result, the local law enforcement block cost effective, flexible manner. Not to breaking the cycle of violence and grant, at $1.9 billion, about $25 million surprisingly those on the frontline in see that a person’s home is the safe less than the two programs would have the fight against crime have only place that it should be. As of today, we cost individually. praise for this program. Police chiefs, are still living up to that commitment, First of all, I believe that this block sheriffs, deputies, and rank-and-file po- by supporting this program. grant approach would open the door to lice officers all support this effort to I must also commend my colleagues funding anything under the sun that a put more police in communities. on the Appropriation Subcommittee on governor determines is law enforce- But now this very successful and pop- Labor/HHS for their efforts and wisdom ment or crime prevention. And it effec- ular crime-fighting program is under in fully funding the Violence Against tively could eliminate all crime pre- attack by Republicans who have con- Women Act program under their juris- vention that was envisioned by the 1994 verted its funding into a block grant. diction. crime bill. For when law enforcement The conference report block grant plan We must remember all the programs is pitted against crime prevention ef- does not stipulate that the money in the Violence Against Women Act are forts, law enforcement always wins. must be spent on hiring cops. Instead, a package. Senator BIDEN and others The only specifically earmarked crime the money can be redirected to fund worked for 5 years on this piece of leg- prevention money left is now the Vio- restaurant inspectors, parking meters, islation. All the pieces of it fit to- lence Against Women Act. Out of an al- radar guns—and any other of a host of gether. They all must be in place for it location for the Department of Justice things. to work effectively. For example, we of $14.5 billion dollars, only $175 million The money ought to be spent the way can encourage arrests by police officers is directly targeted to the prevention it was intended and the way law en- but if they are not properly trained to of crimes. forcement officials want it spent: to understand the dynamics of domestic This, I say to my colleagues, turns hire police officers. The Nation’s major violence, an arrest could make the sit- the clock back on the commitment we police enforcement organizations all uation more explosive. Likewise, if made last year to help communities agree on this point. more batterers are being arrested but which are both fighting and trying to We all know that crime is one of the judges are not trained to understand or prevent crime. great plagues of our communities. Peo- take domestic violence seriously, While I am on the subject of ignoring ple in the suburbs and people living batterers are likely to go free or be our commitments, in addition to gut- downtown are afraid—they are afraid charged with lesser offenses. ting prevention programs, the con- to go out at night, they are afraid to Violence Against Women Act pro- ference report guts the very center- venture into the skyways, they are grams deserve the funds we are giving piece of the 1994 crime law—COPS, afraid to leave their cars parked on the them. Anything less would have re- which provides money for hiring, over 5 street. We also all know that having a sulted in a betrayal of the bipartisan years, 100,000 more police officers to pa- larger police presence helps deter the promise Congress made. Domestic vio- trol our Nation’s streets. To date, very crimes that people fear the most. lence must continue to be a priority for under this program, more than 25,000 Buying more parking meters, radar national crime-fighting efforts. police officers have been hired—in Min- guns, or hiring more restaurant inspec- We know all too well that violence in nesota alone, 354 new cops have been tors does not address this plague nor the home seeps out into our streets. If funded, and Minnesota has applied for address peoples’ legitimate fears. we do not stop the violence in the 128 more. Importantly, each of these of- It is peculiar that the party that home we will never stop it in the ficers were hired to be on the beat, not claims to be tough on law and order is streets. We knew this when we passed in the office. proposing as one of their first steps to the crime bill last year and it is still At a time of very tight budgets, the change a successful, cost-effective law true today. money for both the COPS Program and and order program—one that ought to As I travel and meet more and more the crime prevention block grant come have broad, bipartisan support. women and children who are victims of from savings achieved by reducing the Crime prevention was also an essen- domestic violence, I become even more Federal bureaucracy. None of these tial element of the crime bill. Despite outraged that a woman’s home can be new police officers or crime prevention the fact that at each step of the way in the most dangerous, violent, or deadly programs are adding an additional bur- passing the crime bill prevention pro- place she can be; if she is a mother, the den on the taxpayer. We as a Congress, grams got watered down, in the end we same is true for her children. It was and indeed a country, made fighting decided that crime prevention had to with the passage of the Violence crime a top priority last year when we be part of that bill. Against Women Act that Congress said, decided to use the savings from stream- Two years ago, when Congress began loud and clear, it is time to stop the lining the Federal Government and consideration of the crime bill, we cycle of violence, it is time to make from cutting some domestic programs started with a substantial portion of homes safe again, and it is time to help for fighting crime. the crime bill addressing prevention; communities across the country deal The COPS Program is a good pro- after all, prevention is crime control, with this crisis. gram. It is reaching and helping com- stopping crime before it ever happens.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18172 CONGRESSIONAL RECORD — SENATE December 7, 1995 It, by the way, included something get serious about reducing violence in Supervised visitation centers would: that I think is extremely important— the home, do not believe for a moment Provide supervised visitation for supervised visitation centers. A model that we are going to stop the cycle of families where there has been docu- that I brought from Minnesota to help violence. mented sexual, physical, or emotional families with a history of violence, Mr. President, I believe that a highly abuse. which I will discuss in a moment. trained police, highly motivated, com- Provide supervised visitation for Ultimately, we ended up with a crime munity-based, sensitive to the people families where there is suspected or bill that included a block grant to the in the communities, can make a dif- elevated risk of sexual, physical, or States for prevention programs—the ference. They are wanted and they are emotional abuse, or where there have local community crime prevention needed. But the conference report we been threats of parental abduction of block grant. And, funding was not even are considering today will do nothing the child. authorized until fiscal year 1996. We to prevent the criminal of tomorrow. Provide a safe and neutral place for haven’t even given it a chance to work And indeed without more cops on the parents to visit with children who have and get into communities—the only beat it may not do much to fight the been put in foster care because of abuse provision in the crime bill other than criminals of today. and neglect. VAWA that was intended to prevent Every 5 seconds a child drops out of Provide a safe location for custodial crime, one of the few provisions that school in America. This is from the parents to temporarily transfer cus- was not funded until next year. Children’s Defense Fund study. Every 5 tody of their children to non-custodial The local crime prevention block seconds a child drops out of a public parents. Serve as an additional safeguard grant, like the COPS program, was sup- school in the United States of America. against children witnessing abuse of a posed to provide a lot of flexibility to Every 30 seconds a baby is born into parent or sustaining injury to them- the States and communities. Under poverty. Every 2 minutes a baby is selves. this block grant communities could born with a low birthweight. Every 2 minutes a baby is born to a mother The Child Safety Act would have sup- have determined what types—within a ported the establishment and operation general list of about 14 different ideas— who had no prenatal care. Every 4 minutes a child is arrested of approximately 30 centers across the of prevention programs to fund, and United States. The Child Safety Act re- which prevention plans fit their com- for an alcohol-related crime. Every 7 minutes a child is arrested for selling quires grant recipients to submit an munity the best. But this block grant annual report to the Secretary of was for prevention, nothing else. And, drugs. Every 2 hours a child is mur- dered. Every 4 hours a child commits Health and Human Services on the vol- as I stated earlier, it had not even had ume and type of services provided at a chance to be implemented. This com- suicide, takes his or her life in the United States of America. And every 5 the supervised visitation center. Twen- ing year would have been the first year ty percent of the grants made under funding would actually go to help com- minutes a child is arrested for a violent crime. the Child Safety Act would support the munities. Mr. President, if we do not continue establishment of special visitation cen- But instead these 14 programs are to be serious about the prevention ters created to study the effectiveness now left to compete for funds with po- part, we are not going to stop the cycle of supervised visitation on sexually and lice stations and mayors’ offices and of violence. severely physically abused children. jail. The money will never make it to All too many young people are grow- These centers would be staffed with community prevention efforts. ing up in neighborhoods and commu- qualified clinicians and would have en- If we were to listen to people in the nities in our country where if they hanced data collection capabilities. communities that are most affected by bump into someone or look at someone From the reports submitted by grant the violence, they would tell us that the wrong way they are in trouble, recipients, the Secretary would prepare money has to go to prevention. You where there is too much violence in and submit a report to Congress on the have to put some resources toward their homes, where violence pervades effectiveness of supervised visitation making sure our young people have op- every aspect of their life. And people centers. portunities. How interesting it is that who grow up in such brutal cir- Mr. President, because this program those who would essentially eliminate cumstances can become brutal. And is unenumerated it doesn’t stand a these prevention programs do not come that should not surprise any of us. chance in competition with other, es- from those communities, do not know Prevention and law enforcement— tablished entities under the conference the people in those communities, and I both essential elements of any crime report’s block grant. Mr. President, do not think asked the people in those fighting effort. These two should not there is nothing that will replace this communities at all what they think have to compete with each other for program. There is no one who will step should be done. funding, nor should funding be cut for in and take care of these children. Mr. President, I can just tell you either. There is no one who will try to make that in meeting with students, stu- Which brings me to the most painful these families whole. The communities dents that come from some pretty part of my statement today. This new trying desperately to repair themselves tough background—students at the block grant takes away funding for will get no help from us. Work Opportunity Center in Min- child safety centers. By discarding Mr. President, for this and the other neapolis, which is an alternative local community crime prevention reasons I have discussed today, I have school, young students who are moth- block grants, which would have pro- severe reservations regarding this con- ers and others who come from real dif- vided funding for child safety centers ference report. ficult circumstances, all of them said specifically as one of its 14 prevention Mr. BRADLEY. Mr. President, I rise to me: You can build more prisons and programs, the conference report dis- in opposition to H.R. 2076, the Con- you can build more jails, but the issue cards this program as well. ference Report Making Appropriations for us is jobs, opportunity. You will Child safety centers were created by for the Departments of Commerce, Jus- never stop this cycle of violence unless the Child Safety Act, which became tice and State. This bill would elimi- you do something that prevents it in law in 1994 as part of the crime bill. It nate the Community Oriented Policing the first place. authorized funds to create supervised Program [COPS] and replace it with a Then I turn to the judges, the sher- visitation centers for families who block grant program. By gutting a pro- iffs, and the police chiefs, and I call have a history of violence. gram that has proven effective in put- them on the phone in Minnesota, and I The prevalence of family violence in ting police officers on the streets to ask them what they think. And they our society is staggering. Studies show interact with community residents, say yes we need community police and that 25 percent of all violence occurs Congress is reneging on a promise that yes we need the other parts of the among people who are related. Data in- was made to the American people last crime law, but they all say, if you do dicates that the incidence of violence year to aggressively attack the epi- not do something about preventing in families escalates during separation demic of crime. crime, if these young people do not and divorce. Many of these assaults In August of last year, Congress have these opportunities, if we do not occur in the context of visitation. passed the $30.2 billion Violent Crime

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18173 Control and Law Enforcement Act of zens problems that merit attention, GENDER BIAS STUDIES IN THE COURTS 1994, the largest, most comprehensive such as prostitution, illegal dumping, Mr. SIMON. Mr. President, I rise piece of legislation in the history of and loud music which creates a public today to discuss one of the remaining this country. The centerpiece of the nuisance. The officers then solve the barriers to equal justice in our State crime bill is the Community Oriented community problems. The cops on the and Federal judicial proceedings—bias Policing Services Grant Program beat also handle citizen concerns that by judges and court personnel, and in [COPS], a six year, $8.8 billion crime traditionally fall outside the realm of particular, gender bias. I, and my col- fighting program designed to put police activity, such as repairing leagues from Massachusetts and Dela- 100,000 law enforcement officers on the streets, towing abandoned cars, and ware, Senators KENNEDY and BIDEN, streets. I provided a jumpstart for the razing abandoned buildings. The police strongly believe that funds appro- community policing initiative in the department reports that community priated for the Federal judiciary, as set crime bill when I introduced a bill in policing has have a significant impact out in title III of the fiscal year 1996 March of 1993 that authorized a major on providing citizens with safer com- Commerce-Justice-State appropria- new expansion of community policing. munities and an enhanced confidence tions conference report, should be used Mr. President, in 1 year, roughly 80 in the police force. to study bias in the courts, if any, and percent of the police departments in Mr. President, this legislation pro- to educate judges and court personnel the country have been authorized to vides that the block grant funding can about this barrier to equal justice in hire or redeploy almost 26,000 officers be used for basic law enforcement func- the courts. for community policing. To date, Mr. tions, which can include prison guards, As enacted, the Violence Against President, over 300 New Jersey jurisdic- meter maids, file cabinets and parking Women Act includes a provision—the tions have received more than 670 addi- meters. There is no guarantee that one Equal Justice for Women in the Courts tional cops to walk the beat. Over the police officer will be hired to stand Act—that authorizes and encourages next 5 years, New Jersey can expect to with community residents to fight each of the Federal judicial circuits to receive a total of about $250 million in crime. I am reminded that when Con- conduct studies of the instances, if community policing grants to hire ap- gress debated the crime bill, critics of any, of gender bias in the courts and to proximately 2,800 officers on the beat. community policing argued that it was implement appropriate reforms. These Mr. President, community policing impossible to put 20,000 police officers studies were intended to examine the involves establishing a close relation- on the streets over the life of the crime effects of any differential gender-based ship between community residents and bill. However, in approximately one treatment in areas such as the treat- the entire police department. This en- year, almost 26,000 cops have been de- ment of litigants, witnesses, attorneys, hanced relationship will result in bet- ployed to walk the beat and rid com- jurors, and judges, the services and fa- ter law enforcement by putting more munities of crime. Mr. President, a cilities available to victims of violent cops on the beat to stop trouble before year ago a promise was made to put crime and the selection, retention, pro- it turns into violent crime. Community 100,000 police officers on the streets motion, and treatment of employees. policing also will improve the overall within 6 years. We are well on the way In addition to authorizing the circuit quality of life of community residents to fulfilling this promise. However, if studies, the act also requires the Ad- by involving all police personnel in Congress kills the community policing ministrative Office of the United community activities. program—a program that has proven States to act as a clearinghouse to dis- In my talks with the citizens and law hugely effective in combatting crime— seminate any reports and materials enforcement officers in New Jersey, I the guarantee that Congress will make issued by these gender fairness task have been told that the Community to the American people is that their se- forces. The act also requests the Fed- Policing Program is improving the curity is no longer a priority issue. eral Judicial Center to include in its quality of life by making neighbor- educational programs, such as training hoods and communities safer. For ex- Mr. President, Congress has had past programs for new judges, information ample, in Woodbury, NJ, Chief Carl experience with block grants in the related to gender bias in the courts. Kinkler has reported that the one po- Law Enforcement Assistance Adminis- These circuit-by-circuit studies were lice officer hired under the COPS Pro- tration Program. I would like to re- included in the act after the Senate Ju- gram has made a tremendous dif- mind my colleagues that this program diciary Committee unanimously ac- ference in the quality of life in the had to be terminated because of waste. cepted an amendment that I had of- city. The hiring of the officer has al- We should not make the same mistake fered. In passing the Violence Against lowed the department to deploy two of- today by eliminating a highly success- Women Act, Congress recognized the ficers to patrol a problematic commu- ful program that to date has funnelled need for research of this kind and the nity where open air drug dealing has Federal money directly to approxi- importance of disseminating the re- been prevalent. During the last 3 mately 80 percent of police depart- sults of such research throughout the months, 11 major drug arrests have ments around the country to enable judicial system. taken place and open air drug dealing those departments to deploy officers on The importance of these studies ex- has declined by 90 percent. According the beat to form a partnership with tends well beyond their actual results. to Chief Kinkler, deploying cops on the community residents to fight crime. For example, the Hate Crimes Statis- beat has allowed the city of Woodbury Mr. President, the community polic- tics Act, which I authored and which to allow the residents of this commu- ing program has been immensely suc- President Bush signed into law in 1990, nity to take control of their neighbor- cessful and is supported by the law en- requires the Justice Department to col- hood. forcement community, including the lect data on crimes based on race, reli- In Newark, NJ, the community polic- Federal Law Enforcement Officers As- gion, ethnicity, and sexual orientation. ing program has been enormously suc- sociation, the Fraternal Order of Po- Oversight hearings on the implementa- cessful. Officers patrol neighborhoods lice, the International Brotherhood of tion of that act demonstrated that one on foot, and in those areas requiring Police Officers, the National Associa- of its many benefits was to dramati- acute attention, Neighborhood Sta- tion of Police Organizations, the Na- cally increase the awareness and sensi- bilization Units have been set up. tional Organization of Black Law En- tivity of the police about hate crimes. These units are literally mobile police forcement Executives, the National In this case, requiring circuit courts to stations, in which police officers in a Troopers Coalition, the Police Execu- study gender bias would have the same specially equipped van drive into an tive Research Forum and the Police beneficial effect of increasing the area and set up a police station in the Foundation. In addition, 65 percent of awareness and sensitivity of judges and community. the American people support funding court personnel about gender bias. In addition to solving and deterring for more police officers. I urge my col- While some of my colleagues may crime, Newark police indicate that of- leagues to stand with the American disagree, I strongly hope that, as au- ficers on the beat have been instru- people in opposition to this bill and thorized by Congress, the Federal judi- mental in dealing with quality of life preserve the community policing pro- ciary will issue the reasonable funds issues. The officers solicit from citi- gram. appropriated under this act to fulfill

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18174 CONGRESSIONAL RECORD — SENATE December 7, 1995 the purposes of the Equal Justice for and investigations of bias in the courts as this—that are critical to the admin- Women in the Courts Act and achieve are consistent with that important istration of justice. the ultimate goal of our Federal judi- goal. The Judicial Council of the U.S. Mr. BIDEN. I wish to thank the Sen- cial system—equal justice for all. Court of Appeals for the Eighth Cir- Mr. KENNEDY. I thank the Senator ators from Illinois and Massachusetts cuit, which includes the State of Ne- from Illinois for his remarks, with for their remarks on this important braska, voted unanimously to conduct which I fully agree. There should be no subject. The Violence Against Women a bias study. The council’s vote does disagreement on the need to take steps Act is the first comprehensive measure to identify and eliminate any gender- aimed at making our Nation’s streets, not reflect any doubt about the talent or race-related bias in our judicial sys- college and university campuses, and or integrity of any judge on that court, tem. We must not tolerate any barriers homes safer for women. Following ex- but rather reflects their commitment to equal justice in our State and Fed- tensive hearings, the Judiciary Com- to the identification and elimination of eral judicial proceedings. More than 40 mittee unanimously approved the act, bias where it exists, and their recogni- State and Federal court systems have and Congress passed this landmark leg- tion of the importance of that task to conducted studies of gender bias in islation. preserving the integrity of our judicial their courts. In part in reaction to Subtitle D of the act, entitled ‘‘Equal system. some of the State court studies, the Justice for Women in the Courts,’’ was As a member of the Appropriations 1990 report of the Federal Courts Study an important part of that legislation. Subcommittee on Commerce Justice, Committee supported educational pro- As described by my colleagues, this State and Judiciary, I fully support the grams on bias for judges and court per- provision encourages the circuit judi- use of Federal funds for the continu- sonnel. The Study Committee found cial conferences to conduct studies of ation of this effort to improve the jus- that many task force studies at the gender bias within their respective cir- tice system in the eighth circuit and State level revealed the presence of cuits and to disseminate their results. other Federal circuits. gender bias in State judicial pro- By enacting this provision, Congress Mr. BRADLEY. I wish to join my col- ceedings. The 1990 report concluded, intended to promote a greater under- leagues in their support for the con- ‘‘[w]e believe education is the best standing of the nature and extent of tinuation of the work of the Federal ju- means of sensitizing judges and sup- gender bias, to educate judges, and, ul- diciary in studying the existence, if porting personnel to their own possible timately, to reduce any bias. The inappropriate conduct and to the im- Equal Justice for Women in the Courts any, of gender bias in the courts. portance of curbing such bias when Act takes us one step closer to achiev- I am proud to say that in 1982, the shown by attorneys, parties, and wit- ing and maintaining equal justice Chief Justice of the Supreme Court of nesses.’’ under the law. It is an important part New Jersey established the Nation’s The Judicial Conference of the of an overall effort to ensure meaning- first task force on gender in the courts. United States has endorsed the need ful protection of the rights of those Now, the majority of States have com- for gender bias studies three times. In who were victimized by sex crimes, do- missioned gender task forces and 1992, the conference adopted a resolu- mestic violence, and crimes of violence issued reports of their findings. In gen- tion noting that ‘‘bias, in all its forms, motivated by gender. eral, these studies have identified some presents a danger to the effective ad- A majority of the Federal circuits problems in the State courts and iden- ministration of justice in Federal have already established gender bias tified steps that can be taken by the courts’’ and encouraging each Federal task forces. Some circuits have ex- bench and bar to improve the fair circuit not already doing so to ‘‘spon- panded the mission of the task forces treatment of attorneys, litigants, and sor education programs for judges, sup- to include the study of racial and eth- employees. porting personnel and attorneys to sen- nic bias issues as well. I strongly be- No one should question the impor- lieve that these studies and related sitize them to concerns of bias based on tance of ensuring that our Federal race, ethnicity, gender, age, and dis- education and training programs are courts truly function as fair, neutral ability, and the extent to which bias critical to understanding whether adjudicators. Toward that end, the may affect litigants, witnesses, attor- there is any disparate treatment in the Federal courts should be commended neys, and all those who work in the ju- courts and, if so, what steps the courts for taking the steps to identify and, dicial branch.’’ In 1993, the conference’s should take to address it. where it exists, to eradicate, gender ‘‘Resolution on the Violence Against Task forces on gender, racial and eth- bias in decisionmaking, employment, Women Act,’’ endorsed the gender bias nic issues have been endorsed by, and the treatment of individuals. The studies provision as having great among others, the National Commis- work of these gender fairness task merit. And earlier this year, the con- sion on Judicial Discipline and Re- ference approved a report of its Court moval, the Long Range Planning Com- forces may not always be popular. The Management Committee that encour- mittee of the Federal Courts and, as work may not always be comfortable aged the study of gender and race bias noted by my colleagues, the Federal for some. But in the end, their work by the Circuit Judicial Councils. Courts Study Committee and the Judi- will help ensure that the courts are, When we passed the Violence Against cial Conference of the United States. and are perceived to be, fair to all liti- Women Act last year, we encouraged As ranking member of the Judiciary gants. such studies, a policy that remains in Committee, and as the author of the I agree with Senators SIMON, KEN- force unless it is repealed or altered by Violence Against Women Act and the NEDY, BIDEN, and KERREY that the Fed- a subsequent statute. But even without 1994 crime bill, I wish to join my col- eral judiciary is fully authorized under our encouragement, the judiciary re- leagues in expressing my strong intent, the Violence Against Women Act to tains inherent authority to investigate that the Federal judiciary is author- conduct these important studies and bias in the courts. It strikes me as an ized to use funds appropriated for vio- that the allocation to the judiciary inappropriate intrusion into the inter- lent crime reduction programs, as set under this appropriations bill may be nal affairs of a coequal branch of gov- out in title III of fiscal year 1996 Com- used for that purpose. merce-Justice-State appropriations ernment for Congress to prohibit such Mrs. BOXER. I was proud to be a co- conference report, to study gender bias studies. author of Violence Against Women Act As the national debate on the O.J. and other related barriers to equal jus- when I served in the House and I am Simpson trial made clear, many mi- tice in our courts. norities are skeptical that they will be Mr. KERREY. I concur with distin- pleased now to join my colleagues in treated fairly in the justice system. guished Senators’ analysis of the sta- stating my strong support for the im- Many women harbor similar doubts. tus of funding for the bias studies and portant work of the gender task forces The bias task forces are one way with their beliefs about the importance authorized under VAWA. I fully agree through which the judiciary can ad- of these studies. When we encouraged that the courts are authorized to con- dress legitimate problems. The judicial the judicial circuits to conduct gender tinue this work using funds provided in branch, independent of the Violence bias studies, Congress acknowledged this appropriations bill. Against Women Act, is obligated to en- the importance and tradition of judi- The ninth circuit was the first Fed- sure the fair administration of justice, cial self-examination on issues—such eral circuit to form a task force to

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18175 study the effects of gender in the judi- survey of the court to determine At CRS, the Cuban-Haitian program cial system. The work of the task force whether gender bias exists there. Con- is one of two missions that com- was initiated before Congress encour- gress has unequivocally authorized this plement each other successfully: con- aged such studies. The ninth circuit re- work and I strongly believe that the flict resolution and Cuban/Haitian re- port was issued in July 1993 and it con- Federal judiciary should continue this settlement. The Cuban-Haitian Pro- cluded in part that ‘‘[a]lthough the ju- effort. gram has been successfully adminis- diciary aspires to a system of justice in COMMUNITY RELATIONS SERVICE tered by CRS for 15 years. CRS has suc- which the gender of participants is of Mr. GRAHAM. Mr. President, I would cessfully implemented the out- no import, the results [of the study] like to take this opportunity to speak placement operations of Cubans and document that in the current world, on the conference agreement regarding Haitians from Guantanamo and the re- gender counts.’’ Supreme Court Justice the structure of and funding for the settlement programs for unaccom- Sandra Day O’Connor called the ninth Community Relations Service. panied alien minors. The resettlement circuit report a comprehensive, well- The appropriations level for the Con- program has been indispensable to our supported report. flict Resolution Program of the Com- Defense Department’s Atlantic Com- The majority of Federal circuits have munity Relations Service [CRS] of the mand in managing the Cuban-Haitian already created task forces to study U.S. Department of Justice in this programs at Guantanamo and in Pan- the effects of gender in the courts. bill—$5.3 million—would have a cata- ama. CRS has helped to resettle over Their work should not be discouraged strophic impact on the agency’s con- 17,000 migrants as part of DoD’s Oper- in any way now. flict resolution mandate. ation Sea Signal. Mr. LAUTENBERG. As a member of CRS is vital to this Nation’s ability The conflict resolution program the Appropriations Committee Sub- to continue to make progress in im- works hand in hand with communities committee on Commerce, State, Jus- proving race relations. The important throughout the country to gain recep- tice, and Judiciary, I wish to express work of CRS is essential to preventing tivity to the influx of refugees and en- my support for the work of the task and resolving the day-to-day racial trants under the Cuban/Haitian pro- forces on gender and racial bias in the conflicts in the communities we rep- gram and has smoothed the way for an courts. I concur with my colleagues as resent. Without an effective CRS, ra- orderly resettlement process. CRS re- to the importance of the task forces cial tensions and conflicts will disrupt settlement efforts directly support and I join my colleague, Senator BRAD- the economy and tear at the social fab- local communities by reducing and pre- LEY, in noting that New Jersey has ric of the hometowns across Florida venting strain on local public services been a leader in the effort to ensure and elsewhere. and preventing potential community Over the past 3 years CRS has shifted gender and racial fairness in the tensions. courts. resources from headquarters adminis- Both missions of CRS, Cuban-Haitian I firmly believe that funding for this tration to field conciliation, leaving resettlement and the Conflict Resolu- important work is provided for in this CRS with no buffer of administrative tion Program should remain as a sepa- staff. Due to a series of budget reduc- appropriations bill and I join my col- rate division within the Department of tions over the years, the CRS conflict leagues in encouraging the judiciary to Justice. Should the Senate have an- resolution budget is almost all salaries continue this work. other opportunity to consider the Com- Mr. GLENN. I thank my colleagues and expenses at this point. Because this program does not oper- merce, Justice bill, I would encourage for their insightful remarks on this im- ate large scale grant, contract, train- my colleagues to support the CRS lan- portant topic. I believe what we are ing, or other operations that could off- guage in the Senate-passed bill. really talking about here is maintain- Mr. FORD. Mr. President, when the set the impact on personnel, this fund- ing the ability of the judiciary to ad- ing reduction will lead to the necessity Commerce/Justice/State appropriations dress issues of particular importance to to lay off almost 65 percent of the con- bill was before the Senate I noted that that branch of government. And bias is flict resolution staff. it included an amendment of the Na- certainly such a topic. The judiciary is At this funding level, CRS would tional Voter Registration Act of 1993. in the best position to determine only be able to staff its 15 offices That amendment is in this conference whether this topic merits study or edu- around the country with 2 or 3 concil- report. Since a veto of this measure is cational activities. And I believe the iators in each office. Florida’s regional likely, this is not the right time to judiciary should be given the flexi- office is in Atlanta and covers 7 other pursue my objection to this amend- bility to do so. states in the region. With these drastic ment. But, it is my purpose now to give The Judicial Council of the Sixth cuts, these people cannot begin to pro- notice that I will continue—at the ap- Circuit, which includes my home State vide the racial conflict resolution serv- propriate time—to oppose this and any of Ohio, felt strongly enough about this ices that Florida needs. other attempt to weaken the Motor- issue that it has approved the forma- And even with this modest staffing Voter Act. tion of a task force on gender fairness level of 2 to 3 conciliators in most of- The provision that I object to would and a task force on racial and ethnic fices, the ability of the agency to sus- change the exemption provision of the fairness. tain independent administrative and Motor-Voter Act. That exemption was Mr. BUMPERS. I join my colleagues management operations would be seri- drafted—at the specific insistence of to express my support for the efforts of ously undermined. Republicans—so as to exempt only the task forces on gender bias in the We must recognize what this loss of those States that had already, as of Federal courts. service will mean to the people of this March 11, 1993, enacted election day Six of the seven States in the eighth country. Without the full funding of registration or had no registration re- circuit have conducted gender and/or $10.6 million CRS, the country will be quirement. The amendment in this racial bias studies. When bias was doc- without a vital service that no one conference report would change the umented, these State task forces rec- other than CRS can provide. date to extend the exemption to in- ommended improvements designed to Further, I am opposed to the transfer clude two more States, New Hampshire assure the fair administration of jus- of the Cuban-Haitian Resettlement and Idaho. tice for men and women in the courts. Program from the Community Rela- The Motor-Voter amendment in- In 1994, Chief Judge Richard Arnold tions Service to the Immigration and cluded in this report violates the pur- of the U.S. Court of Appeals for the Naturalization Service. INS is, in large pose of the exemption provision. That Eighth Circuit appointed a 30-member part, an enforcement agency whose purpose was clearly stated by the Re- gender fairness task force on gender mission is not that of administering re- publican floor manager of the Motor- bias. The group includes 12 Federal settlement activities such as the Voter bill. His statement regarding the judges from each of the 7 States in the Cuban-Haitian program. I am also con- exemption is clear and unambiguous, circuit as well as court administrators, cerned that the Cuban-Haitian program so I will repeat it here. attorneys, and law professors. These would be lost in such a large organiza- Republicans slammed the escape-hatch distinguished task force members are tion as INS which has scores of prior- shut. No longer is this bill a backdoor means committed to a careful, responsible ities. of forcing states into adopting election day

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18176 CONGRESSIONAL RECORD — SENATE December 7, 1995 registration or no registration whatsoever. which is developing surgical implant ilies of our POW/MIA’s get answers to * * * Republicans succeeded in grand father- components, Gensym Corp. of Cam- the fate of these heroes. But I believe ing in the five States that would have quali- bridge which is developing variable air the way we secure continued and even fied for the exemption prior to March 11, conditioning systems and the Lorron enhanced assistance from the Viet- 1993. Corp. of Burlington that is working to namese is by engagement. With regard to requests from other upgrade fire protection modeling codes. I believe this provision could have states—Michigan, Illinois, and South I had hoped the Senate figure of more the perverse effect of setting back our Dakota—urging that the exemption than $100 million would prevail. In- efforts. This amendment, offered by the not include such a deadline, the Repub- stead, the elimination of funding for House in conference, is really a thinly lican floor manager said ‘‘their con- this program will deal a severe set- disguised effort to undermine the ad- stituents are better served by the clos- back to many start-up and other high- ministration’s decision to normalize ing of the escape hatch than if it had technology firms in my State. relations with Vietnam, and it is con- been left open.’’ The conference report preserves $80 trary to the Senate’s position opposing It should be clear from the foregoing million in funding for the Manufac- direct linkage of the POW/MIA issue that this is not merely an insignificant turing Extension Program [MEP]. and the process of normalizing rela- or technical amendment. Its purpose is Through the University of Massachu- tions with Vietnam. contrary to the intent of the exemp- setts at Amherst and Bay State Skills, Mr. President, being a strong sup- tion provision of the Motor-Voter law. MEP has provided valuable, hands-on porter of the Cops on the Beat and Its underlying intent is obvious and technical and management consulting other anticrime programs administered should be addressed directly. This is on manufacturing processes for small by the Justice Department, being a another attack on the implementation and mid-sized businesses. MEP esti- staunch advocate for the international of the Motor-Voter law. It is also a mates that every dollar of its support trade, technology, environmental and thinly veiled attempt to curry favor of generates $15 in economic growth for fisheries programs carried out by the New Hampshire election officials short- the local community. The funding cut Commerce Department and being a ly before that all-important first Presi- contained in this report will hurt com- steadfast advocate for the resolution of dential primary. panies like Alpha Industries of Woburn, international conflicts through diplo- I made a more detailed statement of whose 600 employees are successfully matic means, it pains me to have to op- my reasons for opposing this amend- making the transition from manufac- pose this conference report. But I must ment when this measure was first turing semiconductors for the Defense and I will, knowing that the funding under consideration. Rather than re- Department to a commercial product cuts and terminations will not sustain peat them now, I will conclude by reit- operation. the programs we must have to keep our erating that I will continue to oppose— Among many other programs in my streets and communities safe, to keep at the appropriate time—this and any State that will be hurt as a result of our economy vibrant and to promote other attempt to weaken the National funding reductions or terminations in job creation and to maintain our pres- Voter Registration Act. the conference report are the Massa- ence in and the peace of this world. Ms. MIKULSKI. Mr. President, I rise Mr. KERRY. Mr. President, I rise in chusetts Biotechnology Research Insti- today in opposition to the conference opposition to the conference report ap- tute, which has leveraged venture cap- report accompanying the fiscal year propriating funds for the Departments ital funds for new biotechnology com- 1996 Commerce, Justice, State appro- of Commerce, State and Justice for fis- panies in and around Worcester, and cal year l996. The funding levels con- priations bill. the textile center at the University of I am opposed to this conference re- tained in this report are no better than Massachusetts at Dartmouth, which port because it takes this country in those contained in its predecessor that had hoped to become the first univer- the wrong direction. The conference re- the President vetoed. I have expressed sity outside the Southeastern United port undermines our efforts to fight earlier my extremely serious reserva- States to participate in the National crime by abolishing the highly success- tions about the provisions relating to Textile University Centers. Cutbacks ful COPS Program and replacing it the Justice Department and the elimi- in the National Telecommunications with a block grant to the States. Under nation of the Cops on the Beat Pro- and Infrastructure Assistance Program the COPS Program, Maryland has re- gram that I and many of us worked so will hurt groups in my State that are ceived funding for 440 new police offi- hard to enact. seeking to get on the information su- cers throughout the State devoted to I now would like to focus my com- perhighway. Among them are the Exec- community policing and keeping our ments briefly on those provisions of utive Office of Education in Boston streets safe. This conference report the conference report that deal a seri- that is developing a statewide, inte- would pull the rug out from under this ous blow to the Commerce Depart- grated, interactive voice and data net- program and jeopardize future funding ment’s technology programs as well as work, called the Massachusetts Infor- for these officers. to the provisions relating to Vietnam. mation Infrastructure. This network In addition, this conference report Many of the Commerce Department will begin by connecting 20 of an esti- makes draconian cuts to the Commerce technology programs, like the Ad- mated 352 sites at libraries of K–12 Department that will harm America’s vanced Technology Program and the schools and higher education institu- ability to maintain its technological Manufacturing Extension Program, tions, local government and health and edge. The conference report contains a have played a pivotal role in the start- community organizations throughout rescission of $75 million in construc- up of high-technology and biotech busi- Massachusetts. More than 80 other en- tion funds for the National Institute of nesses and the growth of jobs in these tities in my State have sought assist- Standards and Technology [NIST]. sectors in my State of Massachusetts. ance from this program, but are not These funds were going to be used to The conference report completely likely to receive any help in the face of construct a new advanced technology zeros-out funding for any new projects the proposed funding cuts. laboratory that would play a critical that would have been supported by the I would now like to turn briefly to role in maintaining America’s techno- Advanced Technology Program, or the State Department title of the bill logical supremacy. ATP. The ATP had been funded at a that relates to Vietnam. Originally built between 25 and 40 level of $323 million in fiscal year l995, The conference report conditions the years ago, the majority of NIST’s fa- and the President had requested more establishment of an embassy in Viet- cilities are now technically and func- than $490 million for this program in nam on a certification by the President tionally obsolete, which makes it dif- fiscal l996. Companies that had applied with respect to Vietnamese coopera- ficult if not impossible to support the for new project funding to bring ena- tion on providing POW/MIA informa- requirements of advanced research and bling technologies to the point of com- tion. As the former chairman of the development projects. As a result, ex- mercialization will be denied funds Senate Select Committee on POW/MIA periments are often delayed or subject under this bill. This will hurt a number Affairs, I believe that no one has to costly rework, and scientists must of firms in my State, including worked harder or more conscientiously often accept levels of precision and ac- Dynamet Technology of Burlington to ensure that our Nation and the fam- curacy below those needed by industry.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18177 As the only Federal laboratory whose For years, I have identified specific tion that the United Nations has proce- explicit mission is developing scientific examples of budgetary mismanagement dures in place designed to ensure com- standards and providing technical sup- and wasteful practices at the United pliance with the recommendations of port for U.S. industry’s competitive- Nations. I believed that the solution to the inspector general. ness objectives, NIST must have a these practices was the same solution In short, there must be enforcement modern scientific infrastructure—the the federal government has adopted to of management reform, not simply rec- laboratories, equipment, instrumenta- ensure American taxpayer funds are ognition or discussion of the need for tion and support—in order to maintain well-spent: an independent inspector it. That is why the withholding re- a viable scientific research program general. Specifically, what was needed quirement in the conference report be- and to keep our Nation on the cutting then and now is an office or mechanism fore us is needed. We have made edge of science and technology as we that can conduct budgetary audits; rec- progress, but we have yet to achieve move into the 21st century. This view ommend policies for efficient and effec- our ultimate goal: real reform within was recently underscored by a group of tive U.N. management; investigate and the United Nations. For that reason, 25 nobel laureates who called the lab- detect budgetary waste, fraud and we must stay the course. We must con- oratories ‘‘a national treasure,’’ which abuse; and provide an enforcement tinue to insist on a withholding of tax- ‘‘carry out the basic research that is mechanism that would enable the Sec- payer dollars until the United Nations essential for advanced technology.’’ retary General, or even the so-called has cleaned up its act. Under the conference report, the inspector general, to take corrective Mr. President, I intend to speak in Commerce Department’s Advanced action. more detail on this matter in the near Technology Program receives no new The withholding requirement was put future, particularly on the subject of funding for fiscal year 1996. The ATP is in place for two reasons: First, it was our contributions to the United Na- another vital program for developing important to demonstrate that the tions, and additional reforms that new technologies that lead to the cre- U.S. Government was very serious must be put in place. In the meantime, ation of new jobs by supporting innova- about putting an end to U.N. fiscal I am pleased that the conference report tive research. mismanagement. As the single largest maintains our commitment to U.N. re- I believe this bill will not further contributor to the United Nations, I form. I commend my friend from New America’s long-term economic inter- believed that it was time to use this le- Hampshire for his efforts to make sure ests nor the interests of my own State verage to achieve real reform at the this provision was included in the final of Maryland. Furthermore, the cuts to United Nations. Second, I believed that bill. I look forward to working with law enforcement will hurt our ability American taxpayer dollars should not him and all my colleagues to ensure to fight crime in the streets and make be used to subsidize waste, fraud, and our U.N. management reform goals are our neighborhoods safer. abuse. Frankly, I had sought a higher met. So, I will oppose the approval of this withholding amount—50 percent—to Mr. DOLE. Mr. President, earlier this conference report. achieve this goal, but twenty percent year, America recoiled in horror as we Mr. PRESSLER. Mr. President, I was the highest I could get through heard the tragic story of Stephanie would like to address briefly a few pro- what was then a Senate controlled by Kuhen, a 3-year-old girl who was shot visions in H.R. 2076, the fiscal year 1996 the Democrats. dead in her family’s car after the car Commerce-Justice-State appropria- Since the adoption of this with- took a wrong turn and drove down a tions bill, that relate to funding of the holding provision, U.N. reform has be- gang-infested alley in Los Angeles. United Nations. come a more important and open topic Stephanie’s grandparents have re- First, I want to compliment the fine of discussion in the halls of the United marked, ironically and unfortunately work of the new subcommittee chair- Nations, and the Clinton administra- with some truth, that their family man, the Senator from New Hampshire, tion. During the 50th anniversary cele- would probably be safer in Bosnia. Senator GREGG, for his great work on bration of the United Nations, the In September, we read about 42-year- this bill. As all of us know, our friend President devoted much of his address old Paul McLaughlin, a Massachusetts from New Hampshire had to assume to U.N. management reform. The State prosecutor, devoted to his job, command, so to speak, while this bill United Nations has appointed a so- who was shot dead at point-blank was in flight. And as all of us know, called inspector general that released a range outside a commuter train station this is a very important and com- report detailing vast mismanagement while returning home from work. At plicated piece of legislation. The Sen- within the United Nations, particularly the time of the murder, police specu- ator from New Hampshire took com- in the area of peacekeeping activities. lated that it may have been a gang-or- mand and has produced a good bill that All this is good news. A few years ago, dered assassination. Several officials is worthy of our support. former Attorney General Dick remarked that ‘‘the slaying was the One provision worth noting is that Thornburgh, in his capacity as Under- kind of event that might happen in which would limit U.S. contributions secretary General for Management, Italy, Colombia, or other nations where to the United Nations. Under the con- produced a similar report, and the prosecutors, judges, and police are kid- ference report, 20 percent of the funds United Nations did everything it could napped or assassinated.’’ appropriated for our regular budget as- to hide it from public view. And last August, three employees of sessed contribution to the United Na- So the fact that the United Nations a Capitol Hill McDonald’s restaurant— tions would be withheld until a certifi- has produced a report detailing its own 18-year-old Marvin Peay, Jr; 23-year- cation is made by the President to the mismanagement is an important devel- old Kevin Workman; and a 49-year-old Congress that the United Nations has opment. The United Nations has been a grandmother named Lillian Jackson— established an independent office of in- mismanagement addict, and it has were all herded into the restaurant’s spector general as defined in section taken the vital first step to reform its basement freezer late one Saturday 401(b) of Public Law 103–236—the For- addiction: recognition. The United Na- night and shot in the head. All three eign Relations Authorization Act of tions recognizes it has a serious mis- died instantaneously. 1994. management problem and it now is Mr. President, what I have just de- This withholding requirement should willing to admit it. It is about time. scribed did not take place in Bosnia or sound familiar to my colleagues. The However, one more crucial step needs Italy or Colombia or some other coun- provision in the conference report ex- to be taken: action. The U.N. must try, but right here in America. These tends a withholding requirement I of- take action to correct its addiction, are real people. With real families. fered as an amendment to the Foreign and that is why the withholding re- Feeling real pain. And dying real Relations Authorization Act during quirement in the conference report be- deaths. They are citizens of our coun- Senate consideration in 1994. The rea- fore us today is so important. By my try. son why I took this step nearly two interpretation of section 401(b) of Pub- SOME FACTS ABOUT CRIME years ago was because of rampant lic Law 103–236, the President would be We must put an end to this madness. waste, fraud, abuse, and outright thiev- unable to make this certification be- If America wants to continue calling ery at the United Nations. cause of the requirement in that sec- itself a civilized society, we can no

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18178 CONGRESSIONAL RECORD — SENATE December 7, 1995 longer accept an annual crime tally of or better lab equipment may not have the ceptable from both production rate ca- nearly 24,000 murders, 100,000 forcible political appeal of 100,000 new cops. But for pability and because of handling sys- rapes, 670,000 robberies, and more than some cities, they may be a much better deal. tems problems.’’ And let me emphasize that if a local 1 million aggravated assaults. We must I objected strenuously against this community wants more police offi- stop tolerating the intolerable. study in 1993 because it would be a Listen to these facts. cers—needs more cops—it can use the waste of Federal resources and because Fact: For the first time in our Na- block-grant funds for this very pur- tion’s history, the FBI estimates that a pose. it was intended to lead to renewed dis- posal of sewage sludge in the ocean. majority of all murders are committed TRUTH-IN-ADVERTISING by persons who are strangers to their Mr. President, in the coming days, Mr. President, the study has been com- victims. In a very real sense . . . no we will no doubt hear President Clin- pleted, and the Navy determined the matter where we live or where we ton denounce the Congress for attempt- technology was not feasible. The work. Americans are hostage to the vi- ing to repeal his so-called 100,000 COPS money was wasted and yet, in these cious, random acts of nameless, face- Program. But what the President will difficult budget times, a request is less strangers. not say is that this program never ex- being made to do a similar study by a Fact: More and more young people isted in the first place. The current different agency of the Federal Govern- are resorting to violence. According to program fully funds only 25,000 new po- ment! When is enough enough? the Justice Department, the murder lice officers, not the 100,000 we hear so Mr. President, our oceans are too val- rate among 14-to-17 year-olds has in- much about. That is not just my opin- uable to be used as a garbage dump. creased by 165 percent during the past ion. It is the opinion of experts like Our oceans include diverse species that 10 years, fueled in large part by crack Princeton University Prof. John rival the tropical rain forests. Because cocaine. If current trends continue, ju- Diiulio. of the rich environmental heritage of venile arrests may double by the year So, when it comes to the COPS Pro- the oceans and the tremendous eco- 2010. gram, it is time for a little truth-in-ad- nomic vitality of our coasts that are Fact: Violent crime is destroying vertising. dependent on a clean ocean environ- America’s minority communities. The OTHER PROVISIONS ment, I have worked to end the ocean Justice Department estimates that a This conference report contains other dumping of sewage sludge and the prop- staggering 1 out of every 21 African- important provisions: $10 million for er handling of contaminated sediments. American men in this country can ex- the innovative police corps program; That is why I sponsored legislation to pect to be murdered, a majority rate truth-in-sentencing grants that will ban ocean dumping of sewage sludge that is twice the rate for U.S. soldiers help the States abolish parole for vio- and sponsored provisions in water re- during World War II. lent offenders; the Prison Litigation sources development legislation that Fact: The revolving prison door Reform Act, which will go a long way keeps swinging and Americans keep will help develop technologies to de- to reduce the number of frivolous contaminate dredged sediments. dying. At least 30 percent of the mur- claims file each year by litigation- Mr. President, this study is not just a ders in the United States are com- happy inmates, the so-called frequent- study of whether a technology will mitted by predators who should be be- filers; and $500 million to reimburse the work. It is a study about the feasibility hind bars, but instead are out on the States for the cost of incarcerating il- of a technology that is designed to fa- streets while on probation, parole, or legal aliens, including those who have cilitate illegal activities. bail. committed crimes while in the United LAW ENFORCEMENT BLOCK GRANT States. The intent of this technology is to Now, Mr. President, this conference Finally, I want to commend Senator dispose of contaminated dredge mate- report will not solve the crime prob- JUDD GREGG, the manager of this bill, rials. Clean dredged disposal is used lem. The best antidote to crime is not for his skill in developing this con- beneficially on golf courses and other a prison cell or more police, but con- ference report and bringing it to the uses. However, the disposal of contami- science—that inner voice that restrains floor. Senator GREGG just recently as- nants in the ocean that this technology the passions and enables us to recog- sumed the chairmanship of the Com- contemplates is illegal above trace nize the difference between right and merce, Justice, State Subcommittee, amounts under the Marine Protection wrong. and with today’s action, he has proven Act and several international conven- To put it simply: values count, not that he is a very fast learner indeed. tions. just in our lives, but in our society. Mr. LAUTENBERG. Mr. President, I Mr. President, the tourism industry There will never be enough prisons or want to go on record opposing a last police to enforce order if there is grow- in my state, the water recreation in- minute addition to the statement of dustry and users, and numerous envi- ing disorder in our souls. managers in the conference report on But, of course, we have to start ronmental groups have rejected addi- the Commerce, Justice, State and Judi- tional disposal of contaminated sedi- somewhere. Last year, I opposed the ciary appropriations bill, to which I ob- ments as contemplated by this lan- so-called crime bill because I believed ject strenuously. On page 127 of the guage. The public has spoken out force- it was a flawed Federal policy—too statement of managers there is a provi- fully and repeatedly against the ocean light on punishment and too heavy on sion to have a deep ocean isolation dumping of pollutants. And, the Navy pork, spending billions and billions of study. This report language would have has determined that this technology is dollars on untested social-programs. NOAA conduct an analysis of a par- not feasible and will lead to the release This conference report tries to correct ticular patented technology that would of contaminated toxic sediments into some of these excesses. be used for the disposal of dredge soil The report also rejects the ‘‘one-size- the water column. to the deep ocean. fits-all approach’’ of the current COPS Mr. President, I strongly object to Mr. President, I know that this re- Program by giving local communities this direction to NOAA. First, there port language is not binding on the more flexibility to determine what best was no mention of this issue in the Agency. Based on the fact a similar suits their own unique law-enforce- House bill, the Senate bill, the Senate study has just recently been carried ment needs. Is it more police? Better report or the House report. But, it is in out, I strongly urge the Agency to ig- training? More squad cars? Or perhaps the conference report. nore this ill-conceived and ill-consid- modern crime-fighting technology? As Second, this is special interest legis- ered language. the Washington Post recently edito- lation of the most egregious kind—it is rialized: Mr. GREGG. Mr. President, I suggest intended to help one and only one com- the absence of a quorum and request Because community policing has proved to pany at the expense of the environ- be so effective and so popular with the pub- the time be allocated equally to all ment. sides. lic, many areas will spend the money as Third, the company had, in the past, Washington intends. But if new technologies, a similar study provision in a Defense The PRESIDING OFFICER. The more cars or a social service unit trained clerk will call the roll. with juveniles are needed, why shouldn’t appropriations bill. In January, the local authorities have more choice? Word Navy released its study that this tech- The bill clerk proceeded to call the processors, a modernized telephone system nology was determined to be ‘‘unac- roll.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18179 Mr. HOLLINGS. Mr. President, I ask place; the Arms Control and Disar- to whether AID also attempted to hire unanimous consent that the order for mament Agency, which is called ACDA; personnel on a basis other than the the quorum call be rescinded. and the U.S. Information Agency, question, were the persons being hired The PRESIDING OFFICER. Without USIA—and folding their functions into qualified for the job? objection, it is so ordered. the State Department, thus saving bil- This is not JESSE HELMS talking. Mr. HOLLINGS. Mr. President, on be- lions of dollars. This is the inspector general of the half of the leadership, I ask unanimous Senators know the history of what Agency for International Development. consent the 12 remaining minutes of has transpired since that day early this Whether the laws have been broken the distinguished Senator from Arkan- year when I offered that bill. There has will be decided after careful review of sas be yielded back. been one delay after another. But I am information that led the inspector gen- The PRESIDING OFFICER. Without hopeful that late this afternoon Sen- eral of the Agency for International objection, it is so ordered. ator KERRY and I will complete an Development to request the Depart- Mr. HOLLINGS. Mr. President, I sug- agreement that will lead to a con- ment of Justice and the Office of Man- gest the absence of a quorum with the summation of the activities so that we agement and Budget to review the time assigned to all sides. can have some ambassadors confirmed many, many pages of information al- The PRESIDING OFFICER. Without and some other things accomplished by ready transmitted to the Justice De- objection, it is so ordered. The clerk the Senate Foreign Relations Com- partment and to OMB. will call the roll. mittee and the U.S. Senate, which I will add, Mr. President, that this The bill clerk proceeded to call the could have been done months ago had matter will be carefully examined by the Senate Foreign Relations Com- roll. it not been for the objection to our mittee at the earliest practicable time. Mr. GREGG. Mr. President, I ask having a vote on my bill. That is all I ever asked. I did not ask Interestingly enough, the Agency for unanimous consent that the order for International Development operation that there be a victory or that the bill the quorum call be rescinded. in South Africa has been extolled and be passed. I asked only that there be a The PRESIDING OFFICER. Without praised by Mr. Brian Atwood, whom vote. But that was denied me. And the objection, it is so ordered. President Clinton appointed to head media, of course, do not make that COMMENDATION OF STAFF the Agency for International Develop- clear. That is all right with me if it is Mr. HOLLINGS. Mr. President, again ment. Now, Mr. Atwood calls the oper- all right with them. They are not very I would like to thank the professional ation in South Africa AID’s flagship accurate about many things anyhow. staff who worked so hard on this appro- program in Africa—a program that has Many Senators are aware that Vice priations bill. On the majority side I spent, I might add, Mr. President, more President GORE has been one of the want to recognize David Taylor, Scott than $450 million of the U.S. taxpayers’ most vigorous opponents of my pro- Corwin, Vas Alexopoulus, and Lula Ed- money in the past 5 years. wards. And, of course, I would be re- posal to abolish the Agency for Inter- All right. Now, Mr. Atwood, in de- miss if I did not recognize Mark Van national Development as an inde- fending his agency explains that AID DeWater, our full committee’s deputy pendent entity and place it directly employees were simply overtaken with staff director. Time and time again under the purview of the Secretary of ‘‘enthusiasm’’—and that is his word—in Mark worked to develop compromises State—a proposal, I might add for em- awarding contracts in South Africa. that let this bill go forward. Finally, I phasis, that has been supported from And AID management suggests that want to recognize Emelie East, of our the very beginning by a majority in the this multimillion-dollar problem can minority staff, who staffs this bill, for- U.S. Senate and endorsed by five be solved simply by giving a little eign operations, military construction, former U.S. Secretaries of State. ‘‘sensitivity’’ training to AID employ- As I understand it, Vice President and defense appropriations. ees in South Africa. Gore is in South Africa today. And ORDER OF PROCEDURE That is Mr. Atwood’s, and AID’s, po- while Al Gore, as we called him when sition as of now, as I understand it to Mr. GREGG. Mr. President, I ask he was a Senator, is there, I do hope unanimous consent that all time be be. It remains to be seen, of course, that he will take the time to visit the whether the American public will buy yielded back, except that there be 10 South African mission of the Agency minutes reserved for the leader and 10 that explanation. for International Development. My own view is that the American minutes reserved for the ranking mem- Let me point out that the Agency for people have a right to know exactly ber of the Appropriations Committee, International Development was created what is going on with AID’s giveaway Senator BYRD; that a vote be set to more than three decades ago as one of program in South Africa. Congress has occur at 4 o’clock on final passage; those temporary Federal agencies— an obligation to get to the bottom of that the yeas and nays be ordered; and, temporary, don’t you know. it, and I for that reason have asked the that, pending the 10 minutes being used Well, Ronald Reagan used to say that distinguished Senator from Kansas, by the leader, or the 10 minutes to be there is nothing in this world so near Mrs. KASSEBAUM, who chairs the Afri- used by Senator BYRD, we be in morn- eternal life as a ‘‘temporary’’ Federal can Affairs Subcommittee of the Sen- ing business. agency. And AID, the Agency for Inter- ate Foreign Relations Committee, of The PRESIDING OFFICER. Is there national Development, is one of them. which I am chairman, to schedule a objection? Let me get down to business. I have hearing on this matter on December 14 Without objection, it is so ordered. before me documented information dis- at 2 p.m. Senator KASSEBAUM has indi- Is there a sufficient second? closing that the Agency for Inter- cated that she shares my concern There is a sufficient second. national Development’s inspector gen- about the inspector general’s report, The yeas and nays were ordered. eral has just completed an extensive and she has readily agreed to schedule Mr. HELMS addressed the Chair. investigation into abuses in U.S. for- such a hearing. We will request the The PRESIDING OFFICER. The Sen- eign aid programs in South Africa in- presence of members of AID’s South ator from North Carolina. volving millions upon millions of dol- Africa management as well as AID offi- f lars of the American taxpayers’ money. cials in Washington who directly over- This investigation raises, obviously, se- see the South Africa program in order REFORMATION OF THE FOREIGN rious questions about the contracting AFFAIRS APPARATUS to give them an opportunity to explain and hiring practices within the Agency to the Senate and to the American peo- Mr. HELMS. Mr. President, it is not for International Development’s mis- ple precisely what has been going on in exactly a secret that I introduced legis- sion in South Africa, as well as the South Africa. lation many months ago to reform the headquarters here in Washington, DC. Mr. President, I thank the Chair and foreign affairs apparatus of the United These questions range from whether I yield the floor. States by abolishing three wasteful, AID officials unlawfully awarded mul- Mr. MURKOWSKI addressed the anachronistic Federal bureaucracies— timillion-dollar Federal contracts to Chair. the Agency for International Develop- politically connected U.S. organiza- The PRESIDING OFFICER. The Sen- ment, which we call AID around this tions, and they range from that point ator from Alaska.

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