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Congressional Record—House H6797 July 25, 2000 CONGRESSIONAL RECORD Ð HOUSE H6797 In 1976, the U.S. became a signatory to the after spending years on death row for crimes I hope that the authors of today's bill are International Covenant on Civil and Polit- they did not commit. truly serious about the need to prevent the ical Rights (CCPR), which 143 other nations It is cases like these that convinced such or- execution of the innocent, and that they will have also joined. Article 6(5) states, ``Sen- ganizations as the American Bar Associa- tence of death shall not be imposed for join the 79 members of this HouseÐboth Re- crimes committed by persons below eighteen tionÐwhich has no position on the death pen- publicans and DemocratsÐwho have cospon- years of age and shall not be carried out on alty per seÐto call for a halt to executions sored the Innocence Protection Act. pregnant women.'' The U.S. entered a partial until each jurisdiction can ensure that it has Madam Speaker, I have no further re- reservation to Article 6(5), which reads, ``The taken steps to minimize the risk that innocent quests for time, and I yield back the United States reserves the right, subject to persons may be executed. balance of my time. its Constitutional constraints, to impose It is cases like these that convinced Gov- The SPEAKER pro tempore (Mrs. capital punishment on any person (other ernor RyanÐa Republican and a supporter of EMERSON). The question is on the mo- than a pregnant woman) duly convicted the death penaltyÐto put a stop to executions tion offered by the gentleman from Ar- under existing or future laws permitting the kansas (Mr. HUTCHINSON) that the imposition of capital punishment, including in Illinois until he could be certain that ``every- such punishment for crimes committed by one sentenced to death in Illinois is truly House suspend the rules and pass the persons below eighteen years of age.'' [italics guilty.'' bill, H.R. 4888. added for emphasis] Thus, within the res- It is cases like these that should convince The question was taken. ervation itself, the U.S. bound itself not to every American that Governor Ryan and the Mr. HUTCHINSON. Madam Speaker, permit the execution of any woman who car- American Bar Association are right. We may on that I demand the yeas and nays. ries an unborn child. Congress has constitu- not all agree on the ultimate morality or utility The yeas and nays were ordered. tional authority to explicitly apply this of capital punishment. Indeed, you have be- The SPEAKER pro tempore. Pursu- treaty obligation to the states. fore you a pair of cosponsors who differ on ant to clause 8 of rule XX and the H.R. 4888's definition of ``child in utero'' Chair's prior announcement, further (``a member of the species homo sapiens, at that question. I spent my career as a pros- any stage of development, who is carried in ecutor in opposition to the death penalty. Con- proceedings on this motion will be the womb'') is taken verbatim from the Un- gressman LAHOOD is a supporter of the death postponed. born Victims of Violence Act (H.R. 2436), penalty. But we agree profoundly that a just f passed by the House on September 30, 1999, society cannot engage in the killing of the in- MESSAGE FROM THE SENATE by a vote of 254±172. (1999 House roll call no. nocent. We have come together in this bipar- 465) Similar definitions and terminology are tisan effort to help prevent what Governor A message from the Senate by Mr. found in numerous state laws. Like those Lundregan, one of its clerks, an- state laws, this bill has no effect on access to Ryan has called ``the ultimate nightmare, the state's taking of innocent life.'' nounced that the Senate has passed legal abortion, either for women on death with an amendment in which the con- row or anybody else. I have heard some suggest that the con- Vice President Gore, asked by NBC's Tim cerns expressed by Governor Ryan are some- currence of the House is requested, a Russert whether he agreed with the current how peculiar to the State of Illinois. Nothing bill of the House of the following title: prohibition on federal executions of pregnant could be further from the truth. The system is H.R. 4461. An act making appropriations women, laughed and said, ``I'd want to think fallible everywhere it is in place. for Agriculture, Rural Development, Food about it.'' (Meet the Press, July 16, 2000) On Only last month we received fresh evidence and Drug Administration, and Related Agen- July 17, ``Mr. Gore said he favored allowing cies programs for the fiscal year ending Sep- a pregnant woman to choose whether to of this with the release of the first comprehen- tember 30, 2001, and for other purposes. sive statistical study ever undertaken of mod- delay her execution until she gave birth. The message also announced that the ern American capital appeals. The study, led `The principle of a woman's right to choose Senate insists upon its amendment to by Professor James Liebman of Columbia Uni- governs in that case,' he said.'' (The New the bill (H.R. 4461) ``An Act making ap- York Times, July 18) Gore's position implic- versity, looked at over 4,500 capital cases in propriations for Agriculture, Rural De- itly repudiates the innocent child principle 34 states over a 23-year period. According to velopment, Food and Drug Administra- embodied in the International Covenant on the study, the courts found serious, reversible tion, and Related Agencies programs Civil and Political Rights and in Title 18 error in 68 percent of the capital sentences U.S.C.A. Sect. 3596, both of which flatly pro- for the fiscal year ending September 30, handed down over this period. And when hibit the government from taking the child's 2001, and for other purposes,'' requests these individuals were retried, 82 percent of life. a conference with the House on the dis- them were found not to deserve the death Mr. DELAHUNT. Madam Speaker, I rise in agreeing votes of the two Houses there- penalty, and 7 percent were found innocent of support of the bill, which would prevent the on, and appoints Mr. COCHRAN, Mr. the capital crime altogether. execution of a woman who is carrying a child. SPECTER, Mr. BOND, Mr. GORTON, Mr. These are shocking statistics, Mr. Speaker. As the lead sponsor of the Innocence Pro- MCCONNELL, Mr. BURNS, Mr. STEVENS, It is hard to imagine many other human enter- tection Act, I commend the authors of the bill Mr. KOHL, Mr. HARKIN, Mr. DORGAN, prises that would continue to operate with for their concern that innocent human beings Mrs. FEINSTEIN, Mr. DURBIN, and Mr. such a sorry record. I dare say that if seven not be executed. However, I urge them to rec- BYRD to be the conferees on the part of out of every 10 NASA flights burned up in the ognize that there may also be a second inno- the Senate. upper atmosphere, we'd be reassessing the cent human being involved in such casesÐ f namely the mother herself. space program. If commercial airlines oper- Unfortunately, this very limited measure ated their planes with a 68 percent failure rate, COMMUNITY RENEWAL AND NEW does nothing to prevent the execution of an in- we'd all be taking the train. MARKETS ACT OF 2000 nocent adult human being for a crime she did Yet even if these statistics are wildly exag- Mr. ENGLISH. Mr. Speaker, I move not commit. gerated, where the taking of human life is in- to suspend the rules and pass the bill The Innocence Protection Act of 2000 (H.R. volved, it seems to me we must strive to reach (H.R. 4923) to amend the Internal Rev- 4167), which Mr. LAHOOD and I have intro- ``zero tolerance'' for error. As Governor Ryan enue Code of 1986 to provide tax incen- duced, would prevent such a thing from hap- recently said, ``99.5 percent isn't good tives for the renewal of distressed com- pening. Its two principal provisions concern enough'' when lives are in the balance. munities, to provide for 9 additional the two most important tools by which the pos- Nothing we can do will bring absolute cer- empowerment zones and increased tax sibility of error can be minimized: DNA testing tainty. Judges, jurors, police, eyewitnesses, incentives for empowerment zone de- and competent legal representation. defense attorneys, and prosecutors them- velopment, to encourage investments This legislation arose out of a growing na- selvesÐall are human beings, and all make in new markets, and for other pur- tional awareness that the machinery by which mistakes. As a prosecutor for over 20 years, poses. we try capital cases in this country has gone I certainly made my share of them. But we do The Clerk read as follows: have the means at our disposal to minimize seriously and dangerously awry. H.R. 4923 Since the reinstatement of the death penalty the possibility of error. And where lives are at Be it enacted by the Senate and House of Rep- in 1976, a total of 653 men and women have stake, we have a responsibility to put those resentatives of the United States of America in been executed in the United States, including tools to use. Congress assembled, 55 so far this year alone. During this same pe- The Innocence Protection Act will help en- SECTION 1.
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