Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 106 CONGRESS, SECOND SESSION
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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, SECOND SESSION Vol. 146 WASHINGTON, TUESDAY, APRIL 25, 2000 No. 48 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, May 2, 2000, at 12:30 p.m. Senate TUESDAY, APRIL 25, 2000 The Senate met at 9:30 a.m. and was lic for which it stands, one nation under God, ing up the conference report on juve- called to order by the President pro indivisible, with liberty and justice for all. nile justice, when we will be taking up tempore [Mr. THURMOND]. f the conference report on the Patients’ Bill of Rights, when we are going to PRAYER RECOGNITION OF THE ACTING start doing some substantive things on MAJORITY LEADER The Chaplain, Dr. Lloyd John education. The session is winding Ogilvie, offered the following prayer: The PRESIDING OFFICER (Mr. down. We have 13 appropriations bills Almighty God, in a few moments we VOINOVICH). The Senator from Arizona. with which we must deal in the proc- will pledge allegiance to our flag with f ess. I think it would be a real shame if words that may have become faith- we finished the year without having lessly familiar with repetition. As we SCHEDULE worked on some of these issues the affirm that we are one nation under Mr. KYL. Mr. President, today the American public want most, including You, dear God, shake us awake with Senate will begin debate on the motion doing something about prescription the momentous conviction that You to proceed to S.J. Res. 3, proposing an drugs for senior citizens and the rest of alone reign supreme and sovereign in amendment to the Constitution to pro- the American public. this Nation and very powerfully and tect the rights of crime victims, until Mr. KYL addressed the Chair. personally in this Chamber. Give us a 12:30 p.m. Following that debate, the The PRESIDING OFFICER. The Sen- renewed sense of Your holy presence Senate will stand in recess until the ator from Pennsylvania has 10 minutes. and fill us with awe and wonder. This is hour of 2:15 p.m. in order for the week- Mr. REID. Mr. President, there was a Your Senate and the Senators are here ly party caucuses to meet. At 2:15, the unanimous-consent request in that re- by Your divine appointment and are Senate will proceed to a vote on the gard that has not been approved yet. accountable to You for every word spo- motion to invoke cloture on the mo- Mr. KYL. I wanted to note that I am ken and every piece of legislation tion to proceed to S.J. Res. 3. If cloture sure the majority leader will be happy passed. Help them and all of us who is not invoked on the motion, then a to respond to all of the elements the work with them to live this day on the second vote will occur on cloture on distinguished minority whip has raised knees of our hearts, with renewed rev- the substitute amendment to the mar- when he is able to reach the floor. erence for Your presence and profound riage tax penalty bill. Mr. REID. Mr. President, I have no gratitude for the grace and goodness of I thank my colleagues for their at- objection to the Senator from Pennsyl- Your providential care for our beloved tention. vania speaking for 10 minutes as long Nation. May all that we say and do this f as the minority also has 10 minutes to day be done by Your grace and for Your speak in morning business. glory. For You are the Lord, the Cre- ORDER OF PROCEDURE The PRESIDING OFFICER. Is there ator, and our Saviour. Amen. Mr. KYL. Before we begin, I will also objection? Without objection, it is so f ask unanimous consent that Senator ordered. SPECTER address the Senate for 10 min- PLEDGE OF ALLEGIANCE utes on an unrelated matter. f The Honorable GEORGE VOINOVICH, a The PRESIDING OFFICER. Is there Senator from the State of Ohio, led the objection? Senate in the Pledge of Allegiance, as Mr. REID. Mr. President, I hope in RESERVATION OF LEADER TIME follows: the process of the debate this week we The PRESIDING OFFICER. Under I pledge allegiance to the Flag of the get some information from the major- the previous order, leadership time is United States of America, and to the Repub- ity as to when we are going to be tak- reserved. ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S2817 . VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2818 CONGRESSIONAL RECORD — SENATE April 25, 2000 PROPOSING AN AMENDMENT TO to move in to take custody of young pened with the potential powder keg in THE CONSTITUTION OF THE Elian, they had been armed to protect Miami last Saturday morning, it is my UNITED STATES TO PROTECT themselves. But the action necessi- view the Congress ought to consider in- THE RIGHTS OF CRIME VIC- tating their being armed had very stitutionalizing some permanent unit TIMS—MOTION TO PROCEED great potential for violence. It was a within the Department of Justice. The PRESIDING OFFICER. Under potential powder keg. Fortunately, The raid, which was conducted at 5 the previous order, the Senate will now there were no serious injuries. But a.m., has the potential—and it is hard proceed to the consideration of the mo- there could have been. And it is my to determine—of leaving very deep tion to proceed to S.J. Res. 3 which the view that there ought to be a look by scars on young Elian Gonzalez. When it clerk will report. the Congress at ways to improve these occurred, the question came into my The legislative clerk read as follows: procedures in the future. mind as to why the father was not at The Supreme Court of the United the scene, if not present at the house, Motion to proceed to S.J. Res. 3 proposing States, in the case of Garner v. Ten- an amendment to the Constitution of the but close to the scene to assist in United States to protect the rights of crime nessee, issued a ruling involving a Ten- soothing young Elian. I think the en- victims. nessee statute which involved law en- tire matter could have been avoided The PRESIDING OFFICER. The Sen- forcement officers using deadly force had the crowd been cleared, had there ator from Pennsylvania is recognized against a fleeing felon even if that been a court order, had the Govern- for 10 minutes. felon was unarmed. The Supreme Court ment taken up the representation of Mr. SPECTER. I thank my distin- of the United States held that this the uncle’s lawyer that Elian would be guished colleague from Arizona for statute was unconstitutional because peacefully turned over. yielding me a few moments this morn- deadly force may not be used unless it In the interim, it is my hope that the ing. is to save lives or avoid grievous bodily proceedings in Federal court will be ex- injury. Now, the problem with what pedited. I ask unanimous consent that f was done by the INS in moving in with the letters I wrote to Attorney General ELIAN GONZALEZ drawn weapons at 5 a.m. was that it Reno and President Clinton be printed could have triggered a chain reaction in the RECORD at the conclusion of my Mr. SPECTER. Mr. President, I have which could have led to violence. And statement. sought recognition to comment briefly there was really no necessity. They The PRESIDING OFFICER. Without on the case involving young Elian Gon- were not dealing with the customary objection, it is so ordered. zalez. At 11 o’clock this morning, Sen- INS case where they have a suspected (See exhibit 1.) ator LOTT has scheduled a closed-door terrorist or a violent criminal. This is Mr. SPECTER. Mr. President, those proceeding with Attorney General not a John Dillinger who has to be letters set forth in some greater detail Reno, and there are a number of impor- taken into custody. That matter could the way those hearings can be expe- tant outstanding questions which, in have waited another day. dited. When the Million Man March oc- my view, should be addressed. When I read the morning papers last curred in 1998 in New York City, the At the outset, let me make it plain Friday that the Department of Justice Federal court ruled on August 26, and that I believe and have believed that was considering moving in to take the court of appeals took it up on Sep- young 6-year-old Elian Gonzalez should young Elian Gonzalez, I wrote to both tember 1 and issued a 9-page opinion have been reunited with his father at the Attorney General and the Presi- the same day. In the Pentagon papers the earliest possible time. I believe dent and expressed the view that there case, only 18 days elapsed from the that as a legal matter there is no real were a number of less intrusive alter- publication of the papers until the case justification for any asylum proceeding natives which could have been under- went through the district court, the to keep young Elian Gonzalez in the taken.