23898 CONGRESSIONAL RECORD-SENATE August 24, 1994 SENATE-Wednesday, August 24, 1994

(Legislative day of Thursday, August 18, 1994)

The Senate met at 10 a.m., on the ex- At 10:30 a.m., the Senate will resume We are prepared also to vote on the piration of the recess, and was called to debate on the pending crime bill. This majority leader's substitute on the order by the President pro tempore will be the third day of debate. It is my health care bill, and to do that today, [Mr. BYRD]. hope that the Senate will be able to maybe, if we finish the other, or maybe The PRESIDENT pro tempore. The proceed promptly to vote on that meas- tomorrow or Friday or next week. Senate Chaplain, Dr. Richard C. Hal- ure. We want to dispel any perception out verson, will lead the Senate in prayer. I believe that a substantial majority there that somehow Republicans are Dr. Halverson. of Senators favor the bill and will vote not cooperating or not moving ahead. for its passage when given the oppor- We are prepared to move ahead. But we PRAYER tunity to do so. have rights, as every Member has The Chaplain, the Reverend Richard We had a series of meetings yester- rights, and each party has rights, and C. Halverson, D.D., offered the follow- day involving an exchange of proposals we intend to protect those rights. ing prayer: between the distinguished Republican We will have further discussion today Let us pray: leader and myself and other interested on the crime bill and why we believe it In a moment of silent prayer, let us Senators. We were unable to reach an should be trimmed back in certain remember retired Capitol Police Offi- agreement on how finally to proceed. It areas on the spending side and why we cer Raymond Dextradeur, who is very, is my understanding that we will re- believe that it should have certain pro- very ill in an intensive care unit. sume those discussions today. My hope visions added to the bill, some that Blessed is the nation whose God is the is that we can complete action on this passed this Senate by a vote of 2 to 1. Lord.-Psalm 33:12. bill promptly. One was accepted. The deportation of Mr. President, I reserve the remain- Eternal God, Lord of history, Ruler criminal aliens was accepted and der of my leader time, and I yield the of the nations, these are difficult hours dropped in conference. floor. I know that is what happens. I know in the Senate, filled with pressures, The PRESIDENT pro tempore. The the way it works. Some provisions do frustration, disappointment which minority leader is recognized. not survive conference. challenge patience, objectivity, and But what did survive conference was emotions. voting this bill up with a lot of spend- Mighty God of righteousness and THE CRIME BILL AND THE ing programs that were not envisioned peace, make Your presence felt in this HEALTH BILL by the Senate when we passed the bill place. Be Lord in the hearts and minds Mr. DOLE. Mr. President, I just ad- by a vote of 94 to 4. So I guess all but of Your servants. Guide this pres- vised the majority leader that we have four Senators are on record for a tigious debating society as it struggles a Republican conference at 10:30 a.m., strong crime bill. with the unprecedented diversity en- at which time we will discuss the pend- I assume in the crime bill, which demic in a democratic republic; ineffi- ing crime conference report along with passed the Senate, there are probably cient by its very nature, but the best health care and other issues that may some areas where we probably should form of government in history-envy of come before the Senate. have been a little more careful in the world. I guess, as is always the case, there is spending taxpayers' money. Blessed Lord, fill this Chamber with always some misinformation about But we are not swayed by the argu- Your light and love and peace. In Your what may be happening, and maybe it ment that since the House is not here, name, for the welfare of the Nation and is because I have given too much infor- if we do not do this, something drastic the glory of God. Amen. mation. might happen. We believe that the But I note this morning in the New American people expect us to protect York Times, one of our great news- RESERVATION OF LEADER TIME their interests, their interests in crime papers, just a flatout inaccuracy in one and their interests in spending their The PRESIDENT pro tempore. Under of the headlines. It says: "Dole Seeks money, and we hope we can do that. the previous order, the leadership time Measure Without Weapons Ban, Assert- If we lose, we lose. But we are pre- is reserved. ing He Has Votes To Block Bill." That pared to make the best effort we can, is just not true. We are not seeking a and we are prepared to move ahead on measure without a weapons ban. MORNING BUSINESS health care before we leave, if there is I have made two proposals to the ma- any recess. If not, we are prepared to The PRESIDENT pro tempore. Under jority leader, one I have discussed, and stay here and do that through the next the previous order, there will now be a one we have discussed privately so I 2 or 3 weeks and beyond, if necessary. period for the transaction of morning will not discuss it here. So I guess the point I would make is business not to extend beyond the hour But this is just not an accurate rep- I came to the floor just to correct the of 10:30 a.m., with Senators permitted resentation of the debate, and we will New York Times, and maybe just the to speak therein for not to exceed 10 have the debate. There should be a de- headline is wrong, but it is certainly minutes each. bate. But we should expect accuracy in not what I presented to the majority The majority leader is recognized. reporting, notwithstanding the report- leader. I think what they are suggest- ers' own views on a particular matter. ing is if the point of order is sustained, I think it is fair to say that there are SCHEDULE this would be what would happen. But a number of issues in the crime bill we are trying to avoid that. Maybe we Mr. MITCHELL. Mr. President and that will be discussed and on which we cannot avoid that. Members of the Senate, the Senate will will either work out some agreement So I just suggest that. And I guess have a period of morning business until or we will come to the floor hopefully there is a list of suggested amendments 10:30 a.m. with Senators permitted to early today and have a vote on the that we put together that may not be speak therein for up to 10 minutes point of order. I think it is important the final list, but that has been por- each. that we do that. trayed now by CNN and others that

0 This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. August 24, 1994 CONGRESSIONAL RECORD-SENATE 23899 this is the list of amendments that we money being spent under the con- smaller or by how much, the point of are going to insist on. ference report is actually less than was order did not address the amount of I think I indicated to the majority in the Senate bill. And the Senate bill money in the bill. leader when I gave him the list that was approved by a vote of 95 to 4, with The point of order addressed the pro- these were only proposed amendments almost every single Senator, Democrat vision in the bill which was placed and that I gave them to him just so he and Republican, voting for it, save four there to ensure that the money would would have information of what we Senators. And so no one should be be used only for fighting crime and not were thinking about and to have an op- under any mistaken impression that for other purposes. And the very Sen- portunity to look those over. somehow these funds have been ators now attacking this bill through Somehow the press is now suggesting ratcheted up during the years covered this point of order against that provi- that we are insisting on each of these by the bill. sion lavishly praised that provision amendments and we do not have a final The increase is attributable entirely when it was proposed and voted for it list. We do have a final list that I will in the aggregate to the fact that the on several occasions. shortly deliver to the distinguished bill is extended for a longer period of So no one should be misled or under majority leader. time. If we had kept the bill running any misimpression as to what is in- So we will have our own conference only through 1998, as originally passed volved in this challenge to the bill. and we will then come back and debate in the Senate, the amounts of money Mr. President, I hope we can work the crime bill conference report. This would be substantially less. this out in a way that permits the Sen- may be the third day we are on the So I hope all Senators and the Amer- ate to vote on the bill. That is all we conference report, but it is very impor- ican people are not confused by the want to do. We are not asking our col- tant. This is $30 billion; $30 billion is a rhetoric from our colleagues about big leagues to vote for the bill. If they lot of money. spending and more spending. In terms want to vote against it, that is their We think a lot of the money could be of annual rates in the years covered by perfect right. But we are asking that taken out and still have a better crime the bill, the conference report is less we be permitted to vote. I think it is a bill. That is the point we are going to than what they have already voted for modest request. I think it is a simple try to make. Maybe we will fail; maybe overwhelmingly. request. I think it is a reasonable re- we ought to keep spending money and Second, everyone should understand quest. Let us have a vote on the bill. If adding to the deficit. Many of us sup- that the point of order to be made by it passes, I think it will be good for the ported the trust fund suggested by the our Republican colleagues against the American people. If it fails, the Amer- distinguished Presiding Officer, but bill has nothing to do with the amount ican people will be disappointed, but that was at a much lower level. of money involved. It has nothing to do the Senate will have expressed its will So I look forward to working with with the amount of money involved. on the subject, as is appropriate and as the majority leader to see if there is The point of order is directed at a pro- I think the American people under- any way to resolve this. If not, we are vision in the bill which reduces the standably desire. Mr. President, I will have more to prepared to have the votes, win or lose. spending caps on discretionary spend- say on this subject later, but I did want And then we will have the debate about ing by the Federal Government and to clarify those few points. the bill and what happens after that. was placed in the bill to ensure that I yield the floor. Mr. MITCHELL addressed the Chair. the funds involved will be used exclu- The PRESIDENT pro tempore. The The PRESIDENT pro tempore. The sively for fighting crime and not for Senator from North Dakota [Mr. DOR- majority leader is recognized. other purposes. GAN] is recognized for 10 minutes. Mr. MITCHELL. Mr. President, I When the distinguished Presiding Of- would like to address the issue of fund- ficer, with his usual skill, proposed ing in the bill, the amounts of money such a mechanism, it was praised by THE CRIME BILL spent, and the reason for the changes, the very Republican Senators who are Mr. DORGAN. Mr. President, I lis- because the suggestion has repeatedly now making a point of order against tened with interest to the remarks of been made that the Senate passed a that provision in the bill. Indeed, if one the majority leader. I also listened to reasonable or a modest bill in terms of goes back and reads the record of de- the statement by the minority leader funding and the conference report has bates at the time, as I have done in the in which he indicated we should have a come back much larger. last few days, several of the Republican debate and then vote, as he said. I The fact is, Mr. President, that the Senators engaged in a competition to think it is important to point out he Senate passed a bill that covered the 5 suggest that it was really their idea, was not saying let us vote on the crime fiscal years from 1994 through 1998. In not the idea of the distinguished Pre- bill. If there were a vote on the crime the conference report that came back siding Officer, so as to claim credit for bill, clearly the crime bill would pass to the Senate, since we have nearly the concept. And it is that very con- the Senate and we would have a crime completed fiscal year 1994, the con- cept which is now the subject of the bill signed by the President very quick- ference report covers 6 fiscal years be- point of order by our colleagues at- ly. ginning with 1995 and extending tacking that provision in this bill as a What he was saying is let us vote on through the year 2000. way of defeating the bill. a point of order that they intend to In the years which are common to And so the issue ought to be clear on make, a point of order, I might add, both bills, the amount of spending is those two points, Mr. President-really that was not made-although it was actually less in the conference report three points. available and called to everyone's at- than it was in the bill which passed the First, the amounts of money in the tention-when the bill originally Senate. The only reason there is an in- bill are larger because the bill covers a passed the Senate. crease in the total is that the bill cov- longer period of time. Instead of 1994 The point of order now will serve as ers 2 fiscal years in the future which through 1998, it is now 1995 through the a device to require 60 votes to advance were not included in the original Sen- year 2000. In those years common to the crime bill-under the guise of ob- ate bill. both the Senate bill and the conference jecting to the spending in the crime So it is not correct for anyone to be- report, the amount of money is less per bill. As the majority leader has just lieve that there has been a substantial year. pointed out, that is a specious argu- increase in funding over the Senate- Second, the point of order, which is ment indeed. passed bill. Because the fact is, I re- going to be made against the bill by In fact, much of the spending that peat, in the years 1995, 1996, 1997, and our Republican colleagues has nothing was added in the conference was added 1998, which are the years that are com- do with the amount of money in the at the request of the people on the Re- mon to both the Senate-passed bill and bill. It does not make any difference publican side of the aisle for more pris- the conference report, the amount of whether the amounts were larger or ons and for the provisions that get 23900 CONGRESSIONAL RECORD-SENATE August 24, 1994 tough with criminals. The fact is the Two of my provisions included in this up behind another car, point a pistol at average expenditure per year in the 6- bill are especially important. They Patricia Lexie's head, and kill her-be- year conference report is less than the probably never will get much notice, cause, he said to his friends in the car, average expenditure per year in the 5- but they are very important. "I feel like killing someone," it was re- year bill that passed the Senate by a One of them, a sense-of-the-Senate ported in the papers. vote of 95 to 4. resolution already passed by the Sen- Another very high-profile crime last This debate is like a bad migraine ate in November, said: Victims or vic- year was the killing of basketball star headache. It goes on and on and on, and tims' families should be able to present Michael Jordan's father. The only rea- the folks on the other side stand up testimony prior to sentencing or parole son I single out this crime is because it and protest, "Gee, we are ready to of convicted criminals. was of a higher profile than most vote. We want to move ahead. We are Do you know what happens with crimes. If you look into it, as I did, it not obstructionists. We do not oppose criminals? A criminal can commit the is not any different than most violent anything." most heinous crime you can imagine. crimes. Of course they do. What is this all When he comes to court, they put a There are two suspects in that mur- about? It is because they simply do not nice necktie on him and a brand new der. One is Daniel Green. Someone we want the crime bill to pass-for a num- suit and he looks like he just stepped did not know? Someone who was a sur- ber of reasons. And they construct out of the church choir. They bring in prise to us? Oh, no. Like many in the these Byzantine arguments to suggest the minister, they bring in the neigh- criminal justice system, Daniel Green that it spends too much, and that there bor, they bring in the grocer, bring in had a violent record. Sentenced to 6 is a point of order that is of significant the barber and say what a wonderful, years in prison after assaulting an- importance to us. wonderful young man this is. I want other boy with an ax. Two years later, Part of the reason it spends more the victim or the victim's family to be with good time credits and parole, he than they would like is that they de- present to give testimony that says: was out. manded the spending. The point of "You might think this was a wonderful The other accused murderer was Mar- order was in front of them before and young person, but let me describe the tin Demery, who was with Daniel they said the point of order did not crime scene to you, and what it did to Green. Before he allegedly killed matter. In fact, they say, the very fi- me, what it did to our family, and what James Jordan, he had been indicted for nancing device that enables us to make it means to us." That ought to be part clubbing a 61-year-old store clerk with a point of order is one that we helped of the sentencing and it ought to be a cinder block-he put her into a create. Of course it was really a cre- part of parole hearings. coma-while robbing a market. Eight ation of the President pro tempore of Another amendment I authored in months after his indictment, he was this body-and a good one, because it this bill will eliminate the automatic still free on bond, even though he had said that if we are going to do some- presumption that gives every prisoner failed to appear in court for a hearing. thing in the crime bill we should pay in the Federal system automatic good These are the two people who are al- for it. time credit against their sentences. leged to have killed Michael Jordan's We found a way to pay for it-by re- Violent offenders should not get good father. Strangers to the system? Oh, ducing substantially the number of time credit, in my judgment. Those no. People who had been in the system, Federal employees, which we were who commit violent crimes should be people law enforcement officials knew, going to do and have done. We are sent to prison and they should stay in people who had been indicted, had been going to use the savings from that re- prison until the end of their sentence. charged, had been convicted, had been duction to pay for things we need to Does it cost us more? You bet it does. sent to prison, and then found their make this country a safer place. But those who talk about this as a fi- way through the revolving door back On the other side of the aisle, when nancial burden are ignoring the cost to the streets again to victimize an- they realized that this innovative de- shifting that happens when you let a other innocent American. vice was in fact fiscal conservatism-it violent offender out early to work his This legislation, this crime bill, in a was pay-as-you-go, it was do important or her will on the streets and commit very significant way leads the way things that need doing but pay for more violent crimes. The cost shift is across this country to say "three them while you do them-they not to the victims of those additional vio- strikes and you're out." For those only embraced it, several of them lent crimes committed while that per- criminals who have decided crime is a helped claim authorship. Which is fine. son should have been in jail. career, for those who have decided, But now, to come and say this gives us Let me give a couple of examples. "Victimizing Americans with violent heartburn and causes us to not want The people I will mention were not sen- crime, that is my life, that is my occu- the bill to advance, is a little disingen- tenced in the Federal system, but they pation," this bill says to them "Then uous in my judgment. are typical of what is happening all you pursue your occupation behind a But that is not why I came to the across this country. prison door because we are going to Senate floor. I came here to mention A fellow named Henry "Little Man" find you, we are going to prosecute some very important things in this James. I will never forget reading you, we are going to put you in jail, crime bill and call them to the atten- about him. A woman named Patricia and for the first time you are going to tion of my colleagues. Lexie was driving home with her hus- stay in jail." That is what this crime We have heard about "three strikes band on road here in Washington, DC, bill does. and you're out." We are building more at 10:30 at night after visiting friends. It is .not perfect. There are some prison space to keep violent criminals She was just driving along, and a car things in it I would rather not see in it. in jail. We are being smarter in how we pulls up beside them, a fellow pulls out But I am really tired of people taking address prison space because we recog- a pistol and shoots Patricia Lexie in a look at the best crime bill in the last nize that almost 50 percent of the peo- the head and kills her. Just like that. decade, which moves us in the right di- ple in prison are nonviolent. You do It turns out it is a fellow named rection in fighting violent crime, going not need the most secure prison cell for Henry "Little Man" James. He had out and finding "Moses" to put him on these nonviolent offenders. You can been in jail just days before on an at- television to talk about the pork in put them, as Senator GLENN and I suc- tempted murder charge, as a matter of this bill. cessfully urged when we first passed fact, and was let out on $10,000 bond. It The fact is, if Charlton Heston thinks the bill, in lower-security prisons, in does not take Dick Tracy to follow giving treatment to those addicted to Quonset huts with wire perimeters and somebody like this, to find out who is drugs is pork, then he does not under- so on, and open up the prison cells for committing violent crimes. This is stand anything about fighting crime. hardened criminals. To put violent someone who was in the system but You cannot put someone who is ad- criminals there and keep them there. was let back out on the streets to come dicted to drugs back on the streets August 24, 1994 CONGRESSIONAL RECORD-SENATE 23901 with that drug addiction, because they Because of the Congressional inquiry done compounds misconceptions about will commit another crime within a by you and your office, we have a totally dif- health care reform by promoting the half an hour. They must feed their drug ferent relationship with the IRS-one we can Clinton plan. The President's health addiction. live with. That means we can now sleep at night. I really mean that. And Bernice Olson care plan is dead. Congress is now de- We have several million people ad- was instrumental in helping us. She was bating alternatives. Some contain an dicted to drugs in this country but only truly a Godsend. Thank you Senator Baucus! employer mandate. As if their reliance several hundred thousand slots for Thank you Bernice Olson! on such a mandate were not bad them to get drug addiction treatment. On behalf of the many Montanans enough, they fail even to offer an ade- On the streets of this city, people will Bernice has helped over the years. I quate subsidy system to help small em- show up today and ask for drug addic- echo that sentiment: Thank you Ber- ployers. At the same time, there are tion treatment and they will be told, nice Olson. viable proposals to help small busi- "We do not have an opening. There is a I wish her and her husband Swan the nesses on the table. If the SBA intends waiting list." best in retirement. And I know Bernice to provide objective information on What will they do to feed their addic- will enjoy having more time to spend health care reform, shouldn't the agen- tion today? They will find some inno- with her two grandchildren, Meghan cy include a comparison of all the cent American somewhere and they and Kyla. plans and give people the chance to will commit a heinous crime. We must, make their own decisions? it seems to me, get tough with hard- ened criminals, and we must at the I do not feel such propaganda is an SBA PROPAGANDA ON HEALTH appropriate same time understand what causes use of SBA funds. Last CARE REFORM year, the agency also put out a slick crime, including drug addiction, and Mr. PRESSLER. Mr. President, dur- dedicate some resources to dealing brochure advocating the President's ing my opening statement on health agenda and tested a computer program with drug addiction. care reform, I took the Senate floor to and toll-free phone line to disseminate That is why I rise today simply to decry the partisanship that has ruled say this crime bill is a good bill. We information about Clinton health care this debate. The partisanship we have reform. Along with the ranking mem- ought to pass it. We should not make witnessed has brought meaningful excuses any longer. It has been through ber of the House Small Business Com- health care reform to a standstill. As mittee, Representative JAN MEYERS, I the House, it has been through the Sen- the ranking member of the Senate ate, it has been through a bipartisan exercised my oversight duties as rank- Small Business Committee, I wish to ing member and fought to stop those process. I would say to my colleagues bring my colleagues' attention to an- on the other side: No more excuses, let activities. Now, we are in the same po- other partisan act-this one orches- sition. I said this before and I will say us pass this crime bill and get it done trated by the Small Business Adminis- for the American people. it again: it is not the mission of the tration [SBA]. SBA to act as a mouthpiece for Presi- Mr. President, I yield the floor. a press re- The PRESIDENT pro tempore. The The SBA recently issued dent Clinton's health care reform agen- lease in region VIII, which covers Colo- Senator from Massachusetts [Mr. KEN- da. rado, Montana, North Dakota, South NEDY]. Reasonable people may disagree, but Dakota, Utah, and Wyoming. It may it appears unreasonable, unlawful, and also have been sent out by other SBA unethical to use taxpayer funds, sup- ORDER OF PROCEDURE regional offices. This release was re- plies, and equipment to lobby for the Mr. KENNEDY. Mr. President, I un- ceived by my State offices in South Da- administration's bill. Federal agencies derstand that under the previous order, kota. It outlined the benefits of the are prohibited by law from carrying for small busi- at the hour of 10:30, we return to the Clinton health care plan out lobbying activities. This release bill. I will not ask consent to be able to ness and gives an example of one small was sent, unsolicited, to media outlets proceed in morning business because I businesswoman who would save money in my home State and takes a particu- intend to make a comment that is re- under the Clinton mandate/subsidy sys- lar viewpoint which can hardly be con- lated to the bill itself. tem. sidered educational. The PRESIDENT pro tempore. The The SBA release does not give the real story on health care reform and Accordingly, I have requested that Chair thanks the Senator from Massa- SBA Administrator Erskine Bowles chusetts. small business. It gives one viewpoint- the administration's viewpoint. Many provide me with some answers. I have small business owners and small busi- asked Mr. Bowles to provide me with a TRIBUTE TO BERNICE OLSON ness advocacy groups strongly disagree list of everyone who received this re- Mr. BAUCUS. Mr. President. I wish with the administration plan for re- lease; the names of those who directed today to express my thanks and deep form. There is no consensus that an this effort; whether the General Coun- appreciation to Bernice Olson of employer mandate is fair or effective sel's Office was consulted as to its le- Vaughn, MT. After 14 years of loyal in containing costs and providing cov- gality; and if similar lobbying cam- service in my Great Falls office, Ber- erage. These real world experts under- paigns have been conducted. I ask nice is retiring at the end of this stand that job loss and wage reduction unanimous consent that this letter, month. would be the bottom line. Job loss esti- also signed by three of my colleagues During her time on my staff, Bernice mates due to an employer mandate on the Small Business Committee-two has helped thousands of Montanans re- have run from 600,000 to 3.5 million. of whom also represent region VIII solve their problems with the Federal I have talked extensively with small States-be printed in the RECORD im- Government. Through her hard work, business men and women throughout mediately following my remarks, to- cheerful disposition, and sense of com- the course of this health care debate. gether with a copy of the press release. passion. Bernice has been a truly out- They have told me, in no uncertain The SBA release is correct in one re- standing public servant. terms, that an employer mandate spect. We are at an historic moment. I know this because I know Bernice. would not protect them-it would put The security of thousands of small She cares deeply about people. And them out of business. An employer businesses and their employees are at that is why she has made a difference mandate of the type proposed in the stake. It is critical that small business for so many Montanans. Over the Clinton/Mitchell bill would cost busi- owners and their workers understand years, I've often heard from the people nesses in South Dakota $266,195,000 by the stakes and the various proposals Bernice has helped. Let me cite just the year 2002. for reform. They need access to accu- one example, a couple from Great Falls The release purports to dispel misin- rate and complete information to par- who were having trouble with the IRS. formation about President Clinton's ticipate in this process. They do not They wrote: health care plan. In fact, the piece need taxpayer-financed propaganda. 23902 CONGRESSIONAL RECORD-SENATE August 24, 1994 There being no objection, the article to use taxpayer funds, supplies, and equip- With the President's special discounts for was ordered to be printed in the ment to lobby for the administration's bill. small businesses. Regina would have paid know, federal agencies are prohibited RECORD, as follows: As you $3,100 to cover all of her workers and her by law from carrying out lobbying activities. family, while today she pays $3,400 for her U.S. SENATE. The enclosed release was sent, unsolicited, to family alone. In other words, the President's COMMITTEE ON SMALL BUSINESS. a variety of states-perhaps to all states. It health care plan would have allowed Regina Washington, DC, August 23, 199I4. takes a particular viewpoint which hardly to cover all 11 of her workers and her family Hon. ERSKINE BOWLES, can be considered "educational." for $300 less than she pays now to cover her Administrator, U.S. Small Business Administra- This SBA release is correct in at least one family and none of her workers. lion. Washington, DC. respect. We are at an historic moment. The Why then are small business owners in Re- a DEAR ERSKINE: Enclosed you will find security of thousands of small businesses and gina's situation so concerned with health by the Small copy of a press release authored their employees is at stake. It is crucial that care reform? Administration (SBA) Region VIII Business small businesses owners and their employees First, there is a lot of misinformation Administrator, Tom Redder. This release understand the stakes and the various pro- about the President's plan and other reason- was received last week by Senator Pressler's posals for reform. They need access to accu- able approaches in Congress. Ideology, not state offices in South Dakota. We assume rate and complete information to participate similar information was released throughout the bottom line, has governed much of the in this process. debate. the country. The release outlines the bene- We look forward to hearing from you in fits of the Clinton health care plan for small Second, the difficulties small businesses the very near future. face in today's health care system make it business and gives an example of one small Sincerely. businesswoman who would save money under hard for them to imagine being able to mure LARRY PRESSLER. easily provide coverage. the Clinton mandate/subsidy system. CONRAD BURNS. This release does not give the full story on Little wonder. Consider what Regina faces MALCOLM WALLOP. today. Right out of the starting gate, her health care reform and small business. It CHRISTOPHER BOND. gives one perspective-the administration's firm is likely to be denied coverage. Insurers viewpoint. Many small business owners and THE REAL STORY ON HEAL'I'H CARE REFORM commonly refuse to cover restaurants. Under advocacy groups strongly disagree with the AND SMALL BUSINESS IN SOUTH DAKOTA a practice called "occupational redlining", entire industries, including everything from administration plan. These people under- (By Tom Redder) stand that job losses and wage reductions oil field operations to lumber mills, are re- will occur if the administration plan is en- This is an historic moment-after 60 years fused coverage at any price bedause they are acted. Job loss estimates resulting from an of fits and starts, of road blocks and dead considered to be shaky financially or to have employer mandate range from 600,000 to 3.5 ends, we are finally making real progress to- high-injury risks. million. ward comprehensive health care reform. For Regina then has to fill the role of an entire We have talked extensively with small the first time ever, both houses of Congress employee benefits department-enrolling her business men and women throughout the are simultaneously considering proposals to employees, negotiating coverage, and deal- course of the health care debate. They have guarantee all Americans health care that ing with endless forms. told us. in no uncertain terms, that an em- can never be taken away. When her health insurance bill arrives, Re- ployer mandate would not protect them-it As the process moves forward, it is impor- gina will likely get hit again. She will likely would put them out of business. For in- tant that we continue to focus the debate on be charged much more than a large company stance, in the first year of implementation the special needs of small businesses. This is for the same benefits-as much as 35 percent alone, an employer mandate of the type pro- an extremely personal debate: the economic more. Administrative expenses claim a large posed in the Clinton/Mitchell bill would cost vitality of South Dakota's eighteen thou- part; some small businesses pay up to eight 1,708 jobs in South Dakota, 922 jobs in Wyo- sand small businesses and the health secu- times what large firms pay on these costs. ming. 1.784 jobs in Montana and 18,616 jobs in rity of South Dakota's more than 243,000 Once Regina secures a policy, she still Missouri. small business employees are at stake. South faces great uncertainty. Her insurer can The SBA press release purports to dispel Dakotans need to know the real story on raise her rates, drop her from coverage at "misinformation" about President Clinton's health care reform and small business. any point or, if Regina or one of her employ- For small business owners who want to health care plan. In fact, that release com- ees falls seriously ill, exclude that employee cover their employees, the most important pounds misconceptions about health care re- or radically raise the rates for the entire question is "What will I pay?". Small busi- form by promoting the Clinton plan. The company. Just when her family or her em- President's health care plan is dead. Con- ness owners want to know the bottom line- what reform means for their business and ployees most need their insurance, it might gress is now debating alternatives. Some not be there. contain an employer mandate. As if their re- their family. They want facts. not ideology. Regina Jaramillo owns one such business. The President's approach would fundamen- liance on such a mandate were not bad tally change the rules of the game and pro- enough, they fail even to offer an adequate a small restaurant in Topeka, Kansas, that she inherited from her parents. Through that tect small businesses. subsidy to help small employers. Many alter- The discriminatory restaurant, she provides minimum wage jobs insurance practices native plans to help small businesses also are under which insurers can refuse to cover cer- on the for 11 people. Regina pays more than $3,400 a table. If the SBA intends to provide tain businesses or exclude people because of objective information year for health insurance. Yet, that covers on health care reform. pre-existing conditions would be outlawed. shouldn't the agency include a comparison only the members of her family-but, none of of Regina and her workers would be guaranteed all the plans and give people the chance to her employees. make their own decisions? Regina's situation resembles that of thou- private health insurance, a comprehensive As members of the Small Business Com- sands of small business owners in South Da- package of benefits, and a choice of doctors mittee. we do not feel such propaganda is an kota and the rest of the country. and insurance plans. Entrepreneurs would no appropriate use of SBA funds. The concerns The facts are that the most reasonable ap- longer have to go out on their own and nego- we have outlined here are the same as those proach, and that of the President, is about tiate insurance coverage, or deal with to- expressed to you earlier regarding the SBA building on the current system by providing day's high administrative costs, hassle, and health care brochure, computer program and guaranteed private insurance through the paperwork. toll-free phone line. It is not the mission of workplace. Quite simply, the President be- Most importantly, the President's ap- the SBA to act as the mouthpiece for Presi- lieves that all Americans who get up and go proach would ensure that affordable health dent Clinton's health care reform agenda. to work each day should have health care care coverage is available to small busi- Accordingly, we wish to be provided with a coverage. nesses. Substantial discounts-from 25 per- list of all who received this release, not only Today, nine out of ten privately insured cent to 85 percent-should be provided for in South Dakota. but throughout the coun- Americans get their coverage through an employer of low-wage workers. And through try. Further, we want to be provided with in- employer. The simplest and least disruptive buying groups, small businesses and the self- formation about any and all regions which way to cover everyone is to task employers employed should have the bargaining power have conducted similar "lobbying" cam- to share the responsibility. Yet, the question they need to get the insurance rates that big paigns. We also would like to know who di- often asked is "Will this be good for the businesses and government currently re- rected this effort. Did the direction come small businesses that do not now cover their ceive. from SBA headquarters? The White House? workers?" Consider Regina's story: In Regina's case, that would mean better Who cleared the text of the message? Par- Under the President's approach, businesses insurance for her family and her employees- ticularly, we wish to know whether the Gen- like Regina's-those with fewer than 25 em- for less than she pays for just her family eral Counsel's office was consulted as to its ployees and average wages of less than today. legality. $12,000 a year-would have paid no more than Will health reform be good for your com- Reasonable people may disagree, but it ap- 3.5 percent of payroll to cover all of their pany, your families and your workers? In the pears unreasonable, unlawful, and unethical employees. past few days, members of Congress have August 24, 1994 CONGRESSIONAL RECORD-SENATE 23903 begun to debate the concept that every job our huge deficits. This Government is holds, they would each receive a refund should come with shared health benefits, as involved in far too many aspects of its of $2,038, or $4,076 between them. This many have come to understand that it is an citizens' lives. The Tax Foundation has makes their penalty for being married economically sound approach. Simply put, calculated that when State and local $3,717. guaranteeing health benefits at work. with In a time when structured discounts for small businesses, is taxes are added to Federal taxes, gov- family values and good for the economy, good for workers, and ernments take 37.6 percent of the in- concerns over the State of the middle good for small business. In fact. the U.S. Em- come of the average family with chil- class are at the forefront of the na- ployers in South Dakota that currently offer dren. For this reason calls for tax in- tional agenda, penalizing our citizens insurance would pay S630 million less in pre- creases are flawed. Our Government al- for entering into and strengthening the mium payments in the year 2000 than they ready demands enough of its citizens family bond of marriage stands as a would have without reform. Small busi- when it comes to taxes. brutal irony. Consider how much of nesses-who pay the most today-would gain Thanks to the Heritage Foundation's their wealth we ask the average Amer- the most under reform. analysis, the people I represent in ican family to give up so we can spend Look beyond the rhetoric. Judge whether it for them in Washington, DC. In 1950, offering South Dakota can now see how much insurance will help you attract and the average keep more productive workers. Get the facts, the 1993 Clinton tax increases will cost American family with chil- calculate how much you would pay under our State. South Dakota taxpayers will dren paid only 2 percent of its income each plan that is debated, and decide for pay a total of $520.2 million more to to the Federal Government in taxes. yourself. Washington over the next 5 years be- Today that family pays 24.5 percent. cause of the Clinton tax law. That is Charles Adams warns in his latest money transferred to the Government book, "For Good and Evil: The Impact LIMITED TAXES, LIMITED of Taxes on the Course of Civilization," GOVERNMENT that otherwise could have been used for investment in job-creating activities in "In any conflict between liberty and Mr. PRESSLER. Mr. President, Con- South Dakota and elsewhere. The so- taxes, liberty will give ground." The gress should rethink and reshape the called soak-the-rich taxes contained in average family now loses $10,060 per role the Federal Government plays in this tax package will cost South Dako- year of its income due to the increase in Federal the daily lives of the American people. tans an extra $225.8 million. My home taxes as a share of family income. This tax loss now exceeds the If we do not act decisively soon to scale State's retirees can expect to pay an cost of the average annual home mort- back the runaway growth of wasteful estimated $42.7 million more in in- gage. It is plain to see that, in Amer- and unnecessary Government spend- surtaxes. The creased Social Security ica, liberty has been giving ground ing-paid for with exorbitant taxes gas tax increase will take $116.3 million that punish people for being respon- under the constant onslaught of taxes. more, and other revenue raisers includ- This trend must be reversed. The whole sible-our Nation will find itself in dire ing higher business, estate, and gift straits. It is time for the representa- notion of just what government should taxes, will take an additional $135.3 or should not be responsible for has tives of the people to vote for measures million from the pockets of South Da- to lower our national debt, and lower been twisted beyond recognition. kotans. Taxes that discourage every- Many people today argue that Ameri- the overall tax burden that has been thing from investment and job growth, placed on the shoulders of the Amer- cans want expanded government serv- to getting and staying married, have ices, but they don't want to pay for ican people. become an excessive burden on the citi- In 1917, this body passed the Second them. The result is a national debt zens of this Nation. tt hathas grown from 1.8 trillion in 1985 Liberty Bond Act, which authorized As experts have studied the new tax the Secretary of the Treasury to bor- to $4.6 trillion today. I think the tide rates, it has become evident that the has turned. I am convinced Americans row money up to a specifically des- new system created by the 1993 tax bill believe it is time for Members of Con- ignated legislative limit in order to fi- unfairly soaks two-earner married cou- nance Government activities in times gress to start making the tough, and ples. It penalizes these families, put- sometimes politically painful, deci- of war. In those days, the initial debt ting an undue burden on couples trying sions that will begin reducing the over- ceiling was $11.5 billion. Twenty years to make a living. A story concerning all debt. We must not settle for a re- ago, the national debt had grown to the marriage penalty printed in the duction merely in the overall growth, $486 billion. Today it exceeds $4.6 tril- Sunday, July 10, 1994, Washington Post, but a real reduction in the $4.6 trillion lion. states that: principal which is dragging on our Na- Annual interest on the debt is an as- Combined with changes in the earned in- tion's economy. tronomical $300 billion. To put this $300 come tax credit, the [1993] tax law brings We should realize our constituents billion interest payment into perspec- back the so-called "marriage penalty" with are sick and tired of a government that tive, the Committee on Appropriations a vengeance. invades every aspect of their lives with recommended $244 billion in new budg- According to a study published by mandates and regulations. Americans et authority for fiscal year 1995 Defense the National Bureau of Economic Re- are more than ready to start seeing appropriations. When a nation spends search [NBER], in some circumstances, their Government live within its more on interest payments on its debt a married couple with two children and means, just as they must do every sin- than it does for defense, it is taking earnings totaling $20,000 will pay $3,000 gle day. the wrong course. We need to remem- more in income tax than if they were In order to avoid a fiscal emergency, ber that the system the Founding Fa- single. Economists Daniel R. Feenberg our Government must rethink how it thers envisioned for America was one of NBER and Harvey S. Rosen of approaches issues that clearly should of limited government with limited Princeton University state in a recent be assigned to the personal responsibil- power. Mr. President, we should return study, "The size of the marriage tax is ity of the average citizen. Americans to those roots. We must attack waste- now quite extraordinary." Their study have made it clear they would like to ful Government spending financed by indicates the tax rate for some lower- be paying the Government less of what confiscatory tax rates which penalize income couples this year will be as they earn. We should oblige them and our citizens for working hard and stay- high as 18 percent of their income. also cut back on doing for our citizens ing married. Feenberg and Rosen calculate that a what they clearly can accomplish for To deal with this debt, some have married couple who earn $10,000 a year themselves. Our tax policy must return called for tax increases, some for with two children, after figuring their to the ideal outlined by Sir William spending cuts, and some for both. It standard deduction, personal exemp- Blackstone, who said, "'Taxes are a por- should be obvious to everyone that the tions, and earned income tax credit, tion which each subject contributes of huge growth of Government and its ac- would get a refund of $359 if they filed his property to secure the remainder." companying entitlements, mandates jointly. If they would divorce, each What we are asking people to contrib- and regulations is the main reason for take a child and file as heads of house- ute now is being misused for purposes 23904 CONGRESSIONAL RECORD-SENATE August 24, 1994 that have gone far above and beyond equipment and deplorable school facili- Changes vital to progress in the math merely securing the remainder of our ties in many parts of the country are and science fields have been possible constituents' hard-earned wealth. distracting from the effective learning only through a comprehensive support It clearly is time for Congress to environment vital to providing chil- system set up under the National begin giving back to the people the re- dren with an adequate education. Science Foundation grant. Guidance sponsibility for ordering their daily Maxine's efforts were vitally impor- through the in-service component; the lives. If we don't take decisive action tant because education is the key to integration of science and mathe- now, the penalty for inaction truly will the future success of any nation and is matics with one another and with the fit the crime. one investment Congress can always be rest of the curriculum the establish- sure will be worthwhile. I have greatly ment of a strong network of individ- enjoyed the opportunity to work with uals involved at all levels of education; TRIBUTE TO MAXINE her and have benefited from her profes- and the partnering of education with SCHOCHENMAIER sionalism and expertise as we try to community and State leaders and busi- Mr. PRESSLER. Mr. President, maintain the effectiveness of the Im- ness and industry all have made SSI today I pay tribute to a distinguished pact Aid Program. one of South Dakota's most successful South Dakotan whose efforts to im- In South Dakota, Maxine's devotion educational tools. prove the education of our young peo- to the many small schools that rely on The impact of the National Science ple have been truly exemplary. For 18 impact aid funding has been instru- Foundation Systemic Initiative has years, Maxine Schochenmaier worked mental in maintaining our standing as been immediate. The changes made en- for the South Dakota Department of one of the top States in educational able South Dakota students to compete Education. She served as South Dako- performance. For her tireless efforts, more effectively in today's global econ- ta's main liaison between the National the students and citizens of South Da- omy and better equip them to deal Association of Federally Impacted kota owe her a huge debt. Through her with tomorrow's changes. On a more Schools [NAFIS], and the Department steadfast commitment to helping chil- local but equally important level, in- of Education. More than 50 South Da- dren receive a quality education, Max- State businesses, which in the past kota school districts utilize funding ine made an investment in South Da- were forced to recruit elsewhere, now from the Impact Aid Program. Maxine kota's young people which will pay can look to their own State to supply worked to secure the maximum fund- dividends far into the future. I com- a higher level of skilled workers. ing for school districts that lost tax mend Maxine Schochenmaier for all As the linkage between the various revenue due to the presence of a Fed- her efforts and wish her the very best educational levels created by the SSI eral Government activity. in her retirement from South Dakota strengthens, an increasing number of Each State has an individual or Department of Education. students with related majors will group of people responsible for working emerge from the university system, en- with the NAFIS to secure funds for its abling South Dakota to fill an ever-in- TRIBUTE TO SD NATIONAL impacted districts. Obviously, the bet- creasing demand in the math and ter they do their job, the more schools SCIENCE FOUNDATION SYSTEMIC science related fields. in their States can benefit from this INITIATIVE The program also is instrumental in program. Judging by the comments of Mr. PRESSLER. Mr. President, encouraging the participation of her colleagues, Maxine stood out as one today I pay tribute to a women and minorities in the fields of of the most accomplished and well-re- groundbreaking educational program math and science. The SSI has placed a spected State program administrators in my home State. The South Dakota high priority on eliminating the tradi- in the country. She maintained the Statewide Systemic Initiative [SSI] tional discrepancies in proportionate delicate balance among education, pol- has had far-reaching effects on edu- enrollment in these areas. For in- itics, and the administration of a com- cational reform. This 5-year grant pro- stance, this summer the statewide sys- plex program. gram from the National Science Foun- temic initiative is collaborating with According to her coworkers, Maxine's dation has enabled South Dakota to Sinte Gleska University faculty to pro- integrity and objectivity were always change the educational perspective of vide an inservice program to further an asset when searching for new and math and science courses from kinder- the development of native American better ideas about how to administer garten through the university level. As teachers and others working with na- the Impact Aid Program. When formu- a long-time and strong supporter of tive American students. This action is lating policies or resolving conflicts, educational reform, I applaud such ini- consistent with the SSI's goal of reach- her straightforward and insightful tiative. ing all South Dakota students. views always were refreshing. In the spring of 1991, South Dakota The South Dakota National Science Maxine balanced her drive to secure received a National Science Founda- Foundation Systemic Initiative will funding with an integrity that should tion grant to support a program to ini- continue to make a significant impact be an example to everyone who works tiate a more comprehensive approach on students and communities well into with the Federal Government. On one to math and science education. As an the future. The initiative's greatest hand, Maxine did everything possible award State, South Dakota has been goal is to continue the expansion of re- to maximize impact aid benefits for able to begin a new era in education. form, development, and leadership in South Dakota schools. On the other, While there remains room for improve- science and mathematics education. she balanced her efforts on behalf of ment, statewide change has made National Science Foundation funding South Dakota with an appreciation for South Dakota a leader in reforming has allowed South Dakota the oppor- the fact that this program affects all science and math education. tunity to greatly improve its edu- the States, and that each has an impor- The SSI has improved education in cational system. I commend the efforts tant and valid area of need. math and science through actual of all involved in this extremely impor- I believe this program is no less im- changes in teaching methods. A more tant program. portant now than when it was created hands-on approach to learning is now after World War II. Since its enactment utilized. Students are encouraged to in 1951, the Impact Aid Program has show what they have actually learned SOUTH DAKOTA VOCATIONAL grown until today it benefits more versus what they merely know. EDUCATION than 2 million students across the Changes also have been made in the Mr. PRESSLER. Mr. President, I rise country. In order to continue its effec- areas of student evaluation and assess- today to pay tribute to the South Da- tiveness, I have worked to ensure the ment to provide more accurate feed- kota Vocational Education Program's construction portion of the Impact Aid back on students' progress under the outstanding contribution to the econ- Program is maintained. Out-dated SSI. omy and industry of South Dakota. August 24, 1994 CONGRESSIONAL RECORD-SENATE 23905 With approximately 160 secondary and access to courses previously only avail- As we continue our deliberations on 4 post-secondary vocational edu- able at a single site. Telecourses open the extraordinarily important crime cational institutions, South Dakota is up opportunities for many, while si- legislation, I wanted to take this op- in the forefront of school-to-work edu- multaneously cutting cost duplication. portunity to express my grave concern cation. Students with disabilities are encour- regarding a number of aspersions that South Dakota's vocational technical aged to participate in vocational edu- have been raised about members of this schools help provide a skilled and com- cation programs. Tutors, readers, note- honorable and respected profession. petent labor force for business and in- takers, and others specialized in aiding The NASW, with its 150,000 members dustry in my State. They share the disabled students are equipped in every working in every general hospital in way to make it possible for all to re- credit for achieving a job growth rate the country, in adoption agencies, pri- ceive a good education. I commend in South Dakota that ranks eighth in vate practice, and school systems, pro- South Dakota vocational educators for the Nation. This has helped maintain vides at least 50 percent of all mental South Dakota's their efforts in affirmative outreach unemployment rate at health services in the United States. a relatively low 2.9 percent. and recruitment efforts. Cutting-edge technological education The South Dakota vocational edu- They have dedicated their lives to provided by South Dakota's vocational cation system also is a leader in pro- helping people in this country and they technical institutions helps attract viding education and training to incar- do much to ease human suffering, often new business to the State. Businesses cerated individuals in the correctional with long hours and low pay. know South Dakota can provide a work system. Teaching prisoners skills that I have been particularly sorry to hear force capable of adjusting to the rap- can provide options for employment members of our esteemed body malign idly changing labor market. upon their return to the community a profession known for its courage and One such program in my State is may reduce recidivism. Currently, spe- commitment. In my judgment, to put known as Tech-Prep. Instituted in 1990, cial attention is given to young offend- it mildly, it is simply irresponsible for it integrates the final 2 years of high ers-those especially receptive to the the National Rifle Association to place opportunities this training offers. In- school with 2 additional years at one of advertisements by a renowned movie deed, vocational education offers op- South Dakota's four technical insti- star maligning social workers as a po- tutes. Participants receive an associate portunities to every segment of our population. litical maneuver. The irony of these degree upon completing the 4 years of advertisements is the part where it is training. Funding is provided by the In 1980, Karen Dvorak joined my staff and contributed significantly to my ef- suggested that "what the public is not Carl D. Perkins Vocational and Applied being told is a crime." At the very Technology Education Act, which I forts for 15 years. She began her career same time, in the very same commer- voted for in 1990. Currently over 90 sec- in my Sioux Falls office and finished as cial, they do not disclose what is their ondary school districts are participat- my State director. Karen Dvorak grad- real purpose-to kill the ban ing in Tech-Prep. The four technical uated from the Mitchell Vocational probable schools involved in the program are the Technical School in Mitchell, SD. She on assault weapons. Instead, they in- Lake Area Technical Institute in Wa- isn't the only recipient of a vocational sult our Nation's social workers as a education who has worked on my staff. diversion. Furthermore, may I suggest tertown, the Mitchell Technical Insti- In 1975, I hired a vocational edu- tute, the Southeast that the assertion they make, and has Technical Institute cation student as an intern. To my in Sioux Falls, and the Western Dakota been made by members of this body, knowledge, this was the first such case that the bill provides two social work- Technical Institute in Rapid City. All on Capitol Hill. Tod Wells, an appli- four provide a link to the job market ers for every policeman has no basis in ance-refrigeration student, worked for fact. for students who do not wish to pursue me in the House during my first term. a 4-year college degree, but want to He pointed out many of the funding According to the leadership of the learn a valuable skill. According to problems previously faced by the voca- NASW, the profession of social work is Betty Widman, current South Dakota tional educational system before en- mentioned only twice in the entire Vocational Association president, only actment of the Carl D. Perkins Act. crime conference legislation and one of 20 percent of new jobs in the future Through its ability to adapt to the those times is in relation to a proposed may require a college degree, while 80 needs of the people of my State, the commission. Police around the country percent will need critical job skills. South Dakota vocational educational acknowledge over and over that they Preventing a potential labor shortage system plays a key role in the eco- cannot do it alone, and that they need is a primary mission of the South Da- nomic development of our State. Giv- help to prevent crime in the commu- kota Vocational Association. ing young people rewarding career op- nity. They need the help of parents, so- An emphasis on applied academics in tions while simultaneously creating a cial workers, teachers, and the clergy, vocational training provides young highly skilled work force creates in- and they need this help badly. people with the level of education centives for people and businesses to needed for the high-skilled high-wage remain and expand in, and even to relo- Our Nation's youth, and in particu- jobs for the future. Applied academics cate to, our State. The South Dakota lar, our Nation's adolescents, are ex- refer to scientific and mathematical vocational education system is of infi- traordinarily important to all of us and workplace training. Advanced theoreti- nite value to the people of South Da- they truly represent the future of our cal studies are substituted for real kota. I salute the efforts of all who Nation. In my judgment, we need ev- world problem solving. This gives man- work in the field. eryone's help to ensure that these indi- agement a well-trained employee who viduals will become productive, useful, can start immediately, with a minimal taxpaying citizens. I am confident that of costly on-the-job training. TRIBUTE TO THE NATIONAL ASSO- our Nation's social workers will con- Along with this emphasis on Tech- CIATION OF SOCIAL WORKERS tinue to be in the forefront of this im- Prep, South Dakota's vocational edu- Mr. INOUYE. Mr. President, over the portant societal effort. cational schools reach students in re- years, I have been privileged to work By unanimous consent, I request that of mote areas and small cities, especially closely with the elected leadership the letter by Mr. Sheldon Goldstein, of Social those in agricultural communities. Let the National Association executive director of the NASW, ad- me explain. Workers [NASW], and have been Mr. Heston expressing their In the summer of 1993, South Dako- pleased to be of assistance in modify- dressed to RECORD. ta's Department of Education began ing our various Federal statutes to en- concern be printed in the using the Rural Development Tele- sure that members of the association There being no objection, the letter communications Network [RDTN]. are appropriately recognized as autono- was ordered to be printed in the Fourteen satellite sites allow students mous health care providers. RECORD, as follows: 23906 CONGRESSIONAL RECORD-SENATE August 24, 1994 NATIONAL ASSOCIATION perspective to bear in mind that a bil- portunity to purchase one of these bat- OF SOCIAL WORKERS. lion seconds ago, Mr. President, the tlefield weapons and use it to wreak August 17, 199-1. Cuban Missile Crisis was in progress. A murder and mayhem in this country. It Mr. CHARLTON HESTON, billion minutes ago, the crucifixion of is time to stop that slaughter, and this c/o Mr. JACK GILARDI. Executive Vice President, InternationalCreative Jesus Christ had occurred not long be- bill will do it. Management. Beverly Hills. CA. fore. Earlier this year I encouraged Presi- DEAR MR. HESTON: We are dismayed that Which sort of puts it in perspective, dent Clinton to ban the importation of you agreed to read a script for national does it not, that Congress has run up assault weapons that have poured into broadcast that maligns a profession usually this incredible Federal debt totaling the United States by the millions every admired for its courage and commitment. 4,674 of those billions-of dollars. In year from China and former Soviet- Did the NRA inform you that the National other works, the Federal debt, as I said bloc nations. The President banned im- Association of Social Workers (NASW) did earlier, stood this morning at 4 tril- ports of the Chinese weapons in May, not endorse the Crime Bill? Did they tell you that "social worker" appears only twice in lion, 674 billion, 171 million, 453 thou- but it is only a partial victory. Re- the House bill? Did they tell you how they sand, 528 dollars and 20 cents. It'll be maining stocks of those Chinese weap- computed the 2 to 1 ratio? Did you bother to even greater at closing time today. ons in this country can still be sold. In ask? addition, domestic assault weapons are Any one of our 150,000 members would up- as lethal as foreign assault weapons, hold your right to speak out on any issue im- CONCLUSION OF MORNING and they should be banned too. portant to you, even though we disagree. But BUSINESS There are about 2 million assault bashing crime prevention by casting social The PRESIDENT pro tempore. Morn- weapons that were imported, primarily workers as bad guys is irresponsible at least, from China, as well as from the East- and ignorant at best. ing business is closed. Do you really think that the work social ern European countries. The action workers do is so inconsequential to society that was taken by the President in that you could so easily dismiss us? I think VIOLENT CRIME CONTROL AND May put a halt to the weapons that you should think again. LAW ENFORCEMENT ACT OF were being imported from China. Much Sincerely. 1994-CONFERENCE REPORT of the commerce in Chinese weapons SHELDON R. GOLDSTEIN. was carried out by the Chinese mili- Executive Director. The PRESIDENT pro tempore. Under the order, the Senate will now resume tary, so these profits were funneled consideration of the conference report back to the repressive regime in China. IS CONGRESS IRRESPONSIBLE? accompanying the bill, H.R. 3355, which According to the Bureau of Alcohol, YOU BE THE JUDGE OF THAT the clerk will report. Tobacco, and Firearms, although as- The legislative clerk read as follows: sault weapons comprise only 1 percent Mr. HELMS. Mr. President, the in- of privately owned guns in the United credibly enormous Federal debt is like A bill (H.R. 3355) to amend the Omnibus Crime Control and Safe Streets Act of 1968 to States, they account for 8 percent of the weather-everybody talks about allow grants to increase police presence, to all firearms traced to crime. Assault the weather but nobody does anything expand and improve cooperative efforts be- weapons are eight times more likely to about it. Many Senators talk a good tween law enforcement agencies and mem- be traced to crime than conventional game-when they are back home- bers of the community to address crime and firearms. Some estimates are even about bringing Federal deficits and the disorder problems, and otherwise to enhance higher than that. Federal debt under control, but take a public safety. This legislation bans many of the look at how so many of them vote in The Senate resumed consideration of weapons of choice of violent crimi- support of bloated spending bills that the conference report. nals-the Uzi, TEC-9, M-ll, and others. roll through the Senate. The PRESIDENT pro tempore. The But this ban will also protect the pub- As of Tuesday, August 23, at the close Senator from Massachusetts [Mr. KEN- lic from other assault weapons that are of business, the Federal debt stood- NEDY] is recognized. easily concealed or equipped with mili- down to the penny-at exactly Mr. KENNEDY. Mr. President, on tary enhancements. There is no legiti- $4,674,171,453,528.20. This debt, never Monday, I spoke generally of my sup- mate purpose for an assault weapon forget, was run up by the Congress of port for the crime bill conference re- with a folding stock-which makes it the United States. port. Today I would like to focus on easy to conceal. And no sport requires The Founding Fathers decreed that two of the most important aspects of an assault weapon with a threaded the big-spending bureaucrats in the ex- the bill: the assault weapons ban and muzzle-which allows it to accept a si- ecutive branch of the U.S. Government community policing. lencer or grenade launcher. These char- should never be able to spend even a We must ban the military-style as- acteristics are designed for the battle- dime unless and until it had been au- sault weapons that are killing men, field. thorized and appropriated by the U.S. women, and children on the streets of We know the ban on assault weapons Congress. this country. Weapons like the AK-47, will save lives. The Senate knew that The U.S. Constitution is quite spe- the TEC-9, the M-11, and the SKS as- when it passed the ban as part of the cific about that, as every schoolboy is sault rifle have no legitimate sporting crime bill last November. The House supposed to know. purpose, and they should no longer be knew that when it passed the ban as a, And do not be misled by declarations manufactured or sold in any commu- separate bill in May. We know the ban by politicians that the Federal debt nity in America. works, and we must pass it in this was run up by some previous President Had the assault weapons ban been in crime bill. or another, depending on party affili- effect in December 1992, a deranged Another important public safety ini- ation. Sometimes you hear false claims teenager could not have gone into a tiative in this bill is the firearms deal- that Ronald Reagan ran it up; some- sporting goods store outside of Great er provision sponsored by Senator times they play hit-and-run with Barrington, MA, and purchased a Chi- SIMON and cosponsored by Senator George Bush. nese-made SKS assault rifle for $130. BENNETT. These buckpassing declarations are He took that weapon to Simon's Rock Today there are approximately false, as I said earlier, because the Con- College and shot six people, killing two 280,000 gun dealers in this country. gress of the United States is the cul- and leaving four others seriously in- There are more gun dealers in America prit. The Senate and the House of Rep- jured. The assault weapons ban in this than there are gas stations or even resentatives are the big spenders. legislation could have prevented that McDonald's. In 1991, the Bureau of Al- Mr. President, most citizens cannot tragedy, and it should have been en- cohol, Tobacco, and Firearms issued conceive of a billion of anything, let acted long ago. Every day we delay, an- 270 licenses a day for gun dealers-a alone a trillion. It may provide a bit of other deranged person has another op- total of 91,000 new and renewed licenses August 24, 1994 CONGRESSIONAL RECORD-SENATE 23907 that year. Only 37 of the 34,000 requests problem as the emergency that it is. munity policing means more than just for new licenses that year were denied. Fewer children will kill children if putting 100,000 more police officers on BATF estimates that only 20 percent they do not have easy access to guns. the beat. It means police who have a of all federally licensed dealers are ac- I also support the prohibition of pos- stake in the neighborhoods they patrol, tually local stores. The rest of the session of a gun by anyone subject to a who have the training to recognize the dealers operate out of homes, and ga- restraining order or convicted of spous- conditions that breed crime, and to rages-and even out of cars and hotel al abuse. That prohibition is included deal with these conditions effectively, rooms. in this bill. in order to prevent the crimes that are BATF also estimates that a majority Last year, Kristin Lardner was shot plaguing those communities. of these kitchen table dealers acquire a and killed in Boston by a former boy- I took time on Monday to spell out Federal license for the purpose of buy- friend against whom a permanent re- an extraordinary program in Dor- ing guns in bulk at wholesale prices straining order had been issued 2 weeks chester, MA, that is having a profound and in order to avoid State and local earlier. Such tragedies are not isolated impact on the issue of violence and laws, such as waiting periods and other occurrences. In May of this year Donna lawlessness in that community. It is an restrictions. Bianchi of Revere, MA, was shot and enormously creative program. We take For example, a gun dealer would not killed by her husband, despite the re- some pride in the fact that the Gov- have to undergo a Brady background straining order she had against him. ernor of Massachusetts has indicated check or waiting period, nor would a These individuals even with restraining the State will be prepared to make the Virginia kitchen table dealer have to orders, went out and purchased these matching grants to local communities comply with Virginia's one-gun-a- weapons and then went back and com- that are able to win these community month purchase law. mitted the heinous crimes of murder. policing grants on the basis of merit. This legislation requires applicants This provision will help put an end to This would ease the burden placed on for gun dealer licenses to be in compli- tragedies like these. communities that might be particu- ance with State and local laws before a The final firearm provision included larly hard pressed. I expect that there Federal license is issued. It requires in this bill will expand the definition of would be similar kinds of efforts made BATF to distribute a list of Federal li- armor-piercing ammunition in the 1986 in other States as well. There will be Law Enforcement Officers Protection censees to the appropriate State or competition for these community po- defini- local law enforcement agency. And it Act. This provision expands the licing grants, just as there was com- tion of armor-piercing ammunition to allows BATF 60 days, rather than the policing ban certain new varieties of bullets de- petition for the supplemental current 45 days, to act on an applica- grants awarded earlier this year. Eight signed to pierce bullet-proof vests tion for a Federal firearms license in communities in Massachu;etts re- order to ensure that licenses are only widely used by police officers. I see my friend and colleague, the ceived community policing grants this issued to qualified applicants. year, but many more applied and need In this area, we are going to be re- Senator from Ohio, and he remembers the long battle we had in the Judiciary more police officers. This bill contains spectful of the laws and regulations Committee getting support for the pro- the support for more police officers passed by States and local govern- hibition and banning of this armor- these communities asked for and need. ments. Rather than preempting those piercing ammunition that could go Obviously, there should be particular laws, we are requiring that federally li- through bullet-proof vests worn by po- help and assistance in areas of high vi- censed firearm dealers comply with lice officers in this country. olence. To provide additional police for those laws. To my best recollection, it took us 4 those communities is something that I Some people claim that criminals do or 5 years before we were able to gain hope the Senate will support by pass- not buy guns through legitimate deal- sufficient support in the Senate to be ing this crime bill. We need these offi- ers. But the facts demonstrate that able to pass this important measure. cers not only to make our communities criminals get guns both legally and il- This conference report continues to up- safe but to act as positive role models legally. In 1991, the Department of Jus- grade that legislation and takes into for young men and women. tice conducted a survey of State prison consideration the advancement in new Community policing has already had inmates. They found that more than 27 technology in armor-piercing ammuni- a substantial effect in reducing crime percent of the inmates had purchased tion. in many American cities. Lee Brown, their crime guns from a retail gun This provision is strongly supported our current drug czar, used it with dealer. by the Federal Law Enforcement Offi- great success in Atlanta, Houston, and Extraordinary. Twenty-seven percent cers Association and the Fraternal New York. of the inmates had purchased their Order of Police. Police officers risk We all agree on the need to hire crime guns from a retail gun dealer. their lives every day to protect the 100,000 new community police officers. We need to close the loopholes in the public. This provision will help to pro- Both the House and Senate have passed law and provide BATF with the capa- tect law enforcement personnel from bills supporting this commitment. bility to enforce the law and reduce the the deadly bullets designed to kill Now it is time for Congress to deliver number of guns readily available to them. on its promise to the American people. criminals. In many other ways in this legisla- We have heard the call. We cannot af- This bill will also strengthen existing tion, the U.S. Senate has an oppor- ford to turn our backs on the police Federal law by prohibiting the posses- tunity to demonstrate its unwavering and the people of this Nation who are sion of handguns by persons under the commitment to police officers in every counting on us to do what is right. age of 18. I want to commend our good community in the country. Many of the communities in my own friend, Senator KOHL, for his leadership Police chiefs across the country have State are counting on this community in this area. The rates of homicides put out the call for assistance. With policing program. We have built flexi- committed by teenagers increased by unprecedented rates of violent crime, bility into the legislation in the con- over 130 percent between 1985 and 1991. local police departments are saying ference report so that these commu- Many of the victims in these cases are they need more police on the streets to nity police officers will be available at themselves teenagers. Gunshot wounds reclaim neighborhoods and make the the earliest possible time. I think that are now the second leading cause of streets safer. Their call was answered was one of the creative aspects of the death for this age group. when President Clinton pledged to put conference report. The causes of violence are complex, 100,000 community police officers on The public deserves tough, smart ac- but one factor is clear. Handguns are the streets of America over the next 6 tion on crime. The Congress owes them far too accessible to minors. It is a na- years. no less. We have been negotiating this tional disgrace that so many children The community policing grants are crime bill for 6 years. The current ver- have guns, and we must deal with this the backbone of this crime bill. Com- sion represents a bipartisan effort to 23908 CONGRESSIONAL RECORD-SENATE August 24, 1994 combat violent crime in communities porting these assault weapons at an number of weapons on the streets of throughout the United States. The unprecedented rate. America than the Senator from Massa- time for delay is over. We say that we care about what is chusetts. We must pass this bill for the police happening with the growth of violence What we are engaged in at the mo- struggling to protect our neighbor- in these countries-the killings of ment is a filibuster. The Senator from hoods. We must pass the bill for the members of the courts and judicial offi- Massachusetts referred to how we victims of violence, so that their trage- cers, outstanding and courageous jour- passed the bill having to do with cop dies are not in vain. We must pass this nalists, members of political parties killer bullets. I remember that very, bill to keep the faith with 200 million that have taken on the crime cartels. very well because it was Senator MoY- Americans who are counting on us to The weapons that are being used to NIHAN'S bill and it had come to the take strong action against crime. mow those people down and commit floor. It was on the floor for about 8 This bill does the job. It deserves to those crimes are manufactured, sold, months. We could not move it until one be passed by the Senate and signed into and exported by the United States to day the Senator from Idaho, who is no law by the President as soon as pos- those countries and to those drug car- longer here, had a bill having to do sible-not buried under a phony point tels. with wheat in Idaho. At that point, I of order that is nothing more than a I think all of us recognize that we indicated I was going to put the cop- Trojan horse for the National Rifle As- have to deal with the problems of the killer bullet bill on as an amendment sociation. manufacture and export of these weap- to that bill. The Senator from Idaho Mr. President, I see my good friend ons that ravage young and old people came over and was very much con- from Ohio here. For years, he and I in this society and abroad. We can do cerned about that because he was have joined others here in an effort to much more to prevent these weapons, strongly opposed to my amendment curtail the proliferation of these weap- that are readily available to criminals and very much in favor of his bill. We ons of violence. I can remember going and drug cartels, from being used on worked out an agreement. We got an back to the 1986 act. In the 1986 act, countless innocent victims. We also agreement that we have individual, there were six former Secretaries of can do much more to stop the export of independent votes on each of those is- Defense, three Republican and three a great deal of the chemicals which are sues and the cop-killer bill having to Democrat, who made a special plea to used in processing much of the drugs do with cop-killer bullets. We passed it the Members of this body at that time that are eventually shipped back to the I think 99 to 1. to support a position that many of us United States from South America and I say that just as a preparatory state- have taken, to deregulate long guns. At other parts of the globe. ment to the fact that we are engaged in that time assault weapons did not pose In the previous administration there a filibuster here by the Members of the the kind of threat that they do today. was a significant reduction in person- other side of the aisle, prompted, We would deregulate long guns but nel used in the inspection and over- pushed, and supported by the National control the manufacture and produc- sight of the export of various kinds of Rifle Association. You can call it any- tion of small, concealable weapons, the chemicals that eventually find their thing you want. But I know a filibuster Saturday night specials, the weapons way into Colombia and other countries when I see one. I think that I probably of choice for those who are committing that are producing these products. have been involved in conducting as violence in our communities. These More can be done, Mr. President, par- many filibusters as any Member of this handguns have no hunting purpose ticularly in the area of reducing vio- body. Some I have been successful with whatsoever. lence. The U.S. Senate must act on this and some not so successful. But I see a But we were unable to gain support crime bill. filibuster. I know a filibuster. This is a for that position. Except for some of I hope that we have the opportunity filibuster. And this is a filibuster these military assault weapons like the to vote on this very important piece of against the crime bill prompted, sup- AK-47, the utilization of long guns in legislation which had bipartisan sup- ported, and urged upon the Members of homicides are less than 5 percent. They port in the House of Representatives that side of the aisle by the National do not pose the kind of threat to the and in the Senate when it passed in No- Rifle Association. security of our communities as either vember of last year. I must commend It is shameful. It is absolutely the assault weapons or the small con- the President for a willingness to take shameful that after 48 or 60-I am not cealable weapons. on a tough and a difficult lobby, the sure how many-Republicans in the But the National Rifle Association National Rifle Association, on these as- House of Representatives joined to would not have any part of it. We could sault weapons and for standing by his bring about the passage of the bill that have made a deal at that time to pro- guns. the President of the United States had tect the rights of hunters all over this I commend our Republican col- fought so hard to bring about and bring country and ease the regulation of long leagues, 46 of whom, in the House of to the floor of the House for passage; it guns that are legitimately used for Representatives were willing to deal is shameful that my colleagues on the hunting. with this issue and overcome partisan- other side of the aisle see fit to use a But, some Members of the Senate, ship to pass a strong crime bill for the dilatory tactic. acting on the behalf of the National American people. I had hoped that we There is no secret about what is hap- Rifle Association, said absolutely not. would have bipartisan support in the pening. This is not a new issue. This is Those Members thwarted that effort Senate for this bill. I think we will at the very same issue that was on the and chose the financial support of the the time the roll is called. This is a floor when the bill passed, and with re- National Rifle Association over the matter of enormous importance. I hope spect to which Senators DOLE, GRAMM, people whose interests they claim to the Senate will take action today to and DOMENICI said it was a great proce- represent. pass this tough, smart, crime bill and dure in order to fund the crime bill. Mr. President, not only is this a mat- bring it to the President's desk. The whole concept was brought about ter of importance for our own country, I yield the floor. by reason of the lead the President pro but it is important to other countries The PRESIDENT pro tempore. The tempore of the Senate, Senator BYRD, around the world. The Drug Enforce- Senator from Ohio [Mr. METZENBAUM]. who conceptualized the whole idea of ment Agency and the Treasury Depart- Mr. METZENBAUM. Mr. President, I the trust fund. They all thought it was ment estimate that 40 to 50 percent of rise to commend my friend from Mas- a brilliant idea, commended him for it, all the assault weapons used in the sachusetts for once again taking a and now they are on the floor raising a Medellin cartel and by the drug lords leadership role in the whole question of point of order in connection with its in Colombia and in South and Central controlling crime in this country. No usage. America are manufactured here in the one has been more active in the effort Mr. President, the American people United States of America. We are ex- to bring about a diminution of the want Congress to pass this crime bill August 24, 1994 CONGRESSIONAL RECORD-SENATE 23909 not tomorrow, not next week, not a Let me be clear. There are plenty of matic assault weapon and started mow- month from now, not next year. They provisions in this bill that I object to; ing down the children in the pool. want it now. in fact, that I absolutely despise. I am It has been a long and lonely road for They have made it clear that mean- also very disheartened that this bill us to get to this point. But the fact is ingful gun reform legislation is long does not include the Racial Justice Act that it is time for us to take those guns overdue. They have made it clear that and habeas corpus reform. These and out of the hands of the crazies, out of the Government must provide adequate other provisions I supported did not the hands of the criminals, out of the numbers of police and prisons. They prevail on the floor or in the con- hands of those who have no regard or are sick and tired of what is happening ference. But I do not stand here today respect for life. on the streets of America. They have as an obstructionist, hiding behind Law enforcement officials have con- made it clear that the programs ad- some procedural rule, because I lost. sistently been on our side. All along, dressing the root causes of crime are I never thought I would stand on the they have been telling us that they are not a matter of coddling but a matter floor of the Senate and support a bill being outgunned by the criminals. of common sense. that provides for 60 new capital punish- They do not carry semiautomatic as- Some of my Republican colleagues ment offenses because I do not believe sault weapons. Organizations like the are quite determined to bring down in capital punishment. I do not believe Children's Defense Fund have been this crime bill that the American peo- that is the answer. But I am saying warning us about the growing impact ple so clearly support. It is not enough that I am supporting this bill because I on our children, and labor, medical, re- that Democrats and Republicans came think the total package is right for ligious, civic groups, and business together and worked out compromises America. It is what the American peo- groups have all told us something had in conference, not just once but twice. ple want. It is what I want for my chil- to be done. But 41 Members on that Those Democrats and Republicans, dren and my grandchildren. side of the aisle say: Oh, no, we want to under the leadership of Senator BIDEN, I hope that we are about the business use a technicality, because the NRA chairman of the Judiciary Committee, of solving and not creating problems. I wants us to use the technicality, to worked all through the night Friday hope we can pass this bill. It is no se- keep this bill from being voted on. night, and then worked all day Satur- cret the main reason I support this bill It is not until recently that the day and then worked on Sunday, as is because it will ban semiautomatic American people raised their outraged well, in order to bring about the com- assault weapons. A ban on assault voices demanding that Congress ban promises that made it possible for the weapons is one of the most obvious and assault weapons. My colleagues on the House to pass the bill. effective anticrime measures that we other side aisle, do you not hear those The bill that is before the Senate at can take. people in America? this point had bipartisan support in the Are your ears deaf Assault weapons are about 17 times to their pleas House or it would not be here before us to ban semiautomatic as- more likely to be used in crimes than today. It is not enough because the sault weapons in this country? This conventional firearms. The more than 1 goal of some is not to pass a com- groundswell of anger resulted from the promise crime bill, a comprehensive million assault weapons that are on cumulative effect of a long history of bloody crime bill. The goal is to promote the the streets of America today, which are massacres that finally took its special interests of the antigun control manufactured and sold freely and wind toll on the collective patience of Amer- lobby and to defeat the will of the up in the hands of felons, drug traffick- ica. American people. ers, and youth gangs, are literally The American people have made This is incredible. This is politics at wreaking havoc and death across this their message to Congress plain: its cheapest. This is politics at its Nation. A crime bill that ignored that Enough is enough. They are saying worst. This is shameful politics. It is reality would not be worthy of the that to my colleagues on the opposite gamesmanship, gamesmanship maybe name. side of the aisle-enough is enough; do to win a political point. I am not sure It has been 51/ years since I first in- not try to keep this bill from being what that political point is, because troduced a Senate bill to ban semiauto- voted upon by a minority of the Sen- the American people want a crime matic assault weapons. It has been a ate. There simply can be no serious at- bill-the clearly expressed desire of the long, hard struggle. And finally, a cou- tempt to fight violent crime in this vast majority of Americans-to ban ple of years ago, we were successful in country without doing something to semiautomatic assault weapons, weap- working with Senator DENNIS DECON- stop easy access to these military-style ons that have no other purpose than to CINI of Arizona, and we worked out a weapons of war. kill a greater number of people at a procedure where I offered a bill. Then Mr. President, all of us who have faster pace should not be held hostage he offered a more mild bill to move in worked on this bill have been greatly to a single-minded special interest, the on the banning of semiautomatic as- impressed by the knowledge, the com- National Rifle Association, by this ill- sault weapons. We got it through the mitment, and the leadership of our conceived and ill-timed filibuster. Senate. That was not enough. We could chairman, Chairman BIDEN. I espe- Seventy-seven percent of the Amer- not conclude its action in the House. cially want to thank him for holding a ican people want a ban on semiauto- Then Senator FEINSTEIN joined our tough line on assault weapons during matic assault weapons. But a minority group and worked zealously and hard both conferences and preventing any of the Senate-because they do not in order to make some modifications of efforts aimed at weakening this much- need a majority, just a minority; they that bill, which became a part of the needed provision. He knew how strong- only need 41 votes-are determined to package that was sent over to the ly I felt, and he knows how strongly I keep the Senate from even voting on House and that is before us at this feel. Without the semiautomatic as- the measure. What an absurd idea. The point in time. I introduced that origi- sault weapons provision, I would not be leader of the other side comes forward nal bill after 5 children were murdered able to support this crime package. and says, well, we will have 13 amend- and 29 others wounded in a hail of bul- (Mrs. BOXER assumed the chair.) ments we would like to take up, and lets in a crowded school yard in Stock- Mr. METZENBAUM. There are many then after the 13 amendments are ton, CA. good points in it, and there are some I taken up, then we may raise this point I want to say to my colleagues on the am not that happy with. To me, it is of order, the very point of order that other side of the aisle who are parents sine qua non-that without which there they are talking about raising at this and grandparents, think for a moment is nothing--the ban on semi assault point. I hope they do not. if one of those five in that schoolroom weapons. Although a few technical I hope more levelheaded Members on had been one of your loved ones. Think changes were made to the assault the other side will conclude that that if one of your children or grandchildren weapons ban in the new conference re- is an inappropriate act and the Amer- had been in that swimming pool when port, none of the changes affects the ican people do not want it. loony came along with a semiauto- substance or in any way undermines 23910 CONGRESSIONAL RECORD-SENATE August 24, 1994 the legislation. Those changes were in- streets safe again. I never thought I You all voted for the same bill in the tended merely to make explicit that would vote for a bill adding that many past when the same point of order the ban on large-capacity magazines- capital punishment items-or any cap- could have been raised and not one of that is, those capable of holding more ital punishment items. The death pen- you raised it. You all said it was a than 10 rounds of ammunition-applies alty, in my opinion, is not an effective great way to proceed, and now you are prospectively only, to magazines man- deterrent to violent crime. Evidence using a technicality. Shame on you. ufactured after the effective date of the shows, and former Supreme Court Jus- Shame on you. law. In addition, in order to provide tices Blackmun and Powell, who in the A filibuster is not the way to defeat those who lawfully possess exempt past upheld the constitutionality of a crime bill. If 51 Members of the Sen- magazines more protection against the death penalty, both now state pub- ate do not want to pass this bill, so be prosecution, it was clarified that the licly that the death penalty is applied it. Government has the burden of proof in an arbitrary and racist manner. Jus- But the fact is we have a majority that a person possesses a banned maga- tice Powell now concedes that he was prepared to pass this bill, but you are zine that was manufactured after the wrong to cast the fifth and deciding trying to use the technicality to keep effective date. vote to uphold a death sentence in a the bill from being voted on. You are In addition to the ban on assault case where the defendant sought to trying to use a budget point of order. weapons, this bill contains other vital offer statistical evidence of racial bias. What an absurdity. What an impropri- measures to combat gun violence The Racial Justice Act would have ety. which I fully support. One measure will helped to remove the stain of racial How can you go home and face your toughen the regulation of federally li- prejudice from the death penalty in own family under the circumstances? censed gun dealers to weed out those America. Our failure to adopt this How can you go home and face your selling to drug traffickers and gun run- measure morally taints any and all of constituents? You are wrong. You are ners and to improve efforts to trace our crime fighting efforts. as wrong as you could possibly be. guns used in crime. Other provisions A broader imposition of the death I urge you to reconsider. I urge you will help to keep handguns out of the penalty also means that more innocent to let this bill come to a vote. Let it be hands of juveniles, spouses, and child people will be executed. A writ of ha- voted on up or down. If you do not like abusers. beas corpus is often the only way a de- it, the NRA does not like it and you The virtual explosion of domestic vi- fendant can prevent his execution for a want to vote with them, vote "no." But olence in our society makes it critical crime he did not commit. Incredibly, do not use a technicality to defeat the that we not only keep guns out of the meaningful habeas corpus relief has crime bill. The American people want hands of abusers, but also fight this been placed in jeopardy by several re- it. Let us have a chance to vote on it problem on all fronts. With this pur- cent Supreme Court decisions. I had on an up-or-down vote. pose in mind, the crime bill encourages hoped that the crime bill before us Madam President, I yield the floor. local authorities to more actively pur- would include habeas corpus reform. The PRESIDING OFFICER. The Sen- sue domestic violence arrests and pros- We must not abandon our efforts to ator from Nevada. ecutions where warranted and to estab- protect this most basic important Mr. REID. Madam President, would lish shelters that protect and counsel right. It is a constitutional right that I the Presiding Officer state the business battered women and their families. The believe should not be abandoned. before this body? bill also creates Federal penalties for Crime bills of the past have not made The PRESIDING OFFICER. The con- spousal abuse and interstate stalking. a dent in the crime rate in this coun- ference report to accompany, H.R. 3355 Unlike crime bills of the past, this try. Our battle against crime is doomed is the order of business. bill contains several provisions that if our only goals are to weaken con- Mr. REID. I thank you very much. address the root causes of crime. It in- stitutional protections, build more Madam President, I rise in support of cludes educational and recreational prisons, put more people to death, and moving to consideration of the passage programs to prevent children from be- impose mandatory minimum sentences of the conference report on the crime coming involved in the criminal justice that ignore individual circumstances bill. system, boot camps for first-time non- and keep people in jail to ripe old ages. Much of the debate we have heard violent offenders, and substance abuse I am proud and grateful to be part of a from opponents of this measure stems prevention and treatment programs. crime bill that finally breaks with the from the belief that too much is being Some of the opponents of this bill have failed policies of the past. Gun control, done to prevent crime and not enough trivialized the importance of preven- prevention and treatment, police, and is being done to punish crime. tion programs such as midnight bas- fair punishment must be a part of the Madam President, the State of Ne- ketball leagues. But the fact of the future if we have any hope of a future vada has a few more Democrats than matter is that these programs are at all. Republicans but not many. It is fairly cheap, simple to execute and, fortu- But I come back to the original point evenly divided. I want the people of the nately, they work. Getting kids off the of this discussion and these comments, State of Nevada to know that this is a street playing basketball is a lot and that is I say to my colleagues on bill that is not a bill that is a Demo- cheaper than having them on the the other side of the aisle: You are crat bill or a Republican bill. This is a streets involved in petty crime and being unfair to your own constituency. bipartisan bill. This bill passed almost major crime as well. Crime fighting You are being unfair to your own fami- unanimously just a few short weeks does not always have to be com- lies. You are so wrong about filibuster- ago, and now because of political plicated, original, or expensive. We all ing this crime bill that you ought to gamesmanship, political partisans are know that constructive physical activ- stand low and be ashamed of yourself. trying to take down this bill. There are ity is an effective way to channel all It is shameful, literally shameful to get people who believe that it would be kinds of negative tensions. They can 41 Members of the Senate to stand up good for the Republican Party to take laugh all they want about midnight and block passage of a bill to fight down this bill. Well, it may be good for basketball. But the blood, sweat, and crime in America. some Republicans, but it is not good tears from playing a ball game can help Have you no pride? Have you no char- for the Republicans of the State of Ne- avoid the blood, carnage, and tears acter? What kind of sense of respon- vada, and I am here on the Senate floor from criminal activity. sibility do you have that you want to today to tell the Senate that for the Although the crime bill contains play this political game? You are going Republicans of the State of Nevada and many provisions that will effectively to deny the President of the United the Democrats of the State of Nevada fight crime; unfortunately, it also in- States a political victory, but you do we need to pass this bill. cludes 60 death penalty provisions that not care what happens on the streets of Why? Madam President, about 7 per- will do precious little to make our America. cent of the criminals commit almost 80 August 24, 1994 CONGRESSIONAL RECORD-SENATE 23911 percent of the violent crime in this They had no place to go and very little modest investment in today's at-risk country. About 7 percent of the crimi- parental control. youth in the hopes that by so doing we nals commit about 80 percent of the Thomas Gholson, who understood will prevent future crimes? I say no. If violent crime in this country. troubled youth, said: "We are going to it is, Madam President, vote against The reason we need to pass this bill start a basketball program. We are this bill, but do not play these games is this will assist not only Federal au- going to get as many young people as that this is pork as if somebody who is thorities but State authorities to put we can come off the street. We have the in favor of this is getting some benefit away violent criminals. There are nu- gyms we built. We paid millions of dol- for themselves. merous other reasons that have been lars for them. Why not use them at I get as much benefit from this as the explained on this floor why we need to nighttime?' rest of the people of the State of Ne- pass this bill. This program in southern Nevada in vada do; that is, if this bill passes, I Madam President, I have been a po- Las Vegas has kept hundreds and hun- will get a little more peace of mind. It lice officer. I have worn the uniform. I dreds of young people in school. The or- is not going to eradicate criminal ac- have worn a badge. I have carried a ganizers serve as important mentors to tivity in the State of Nevada, but it gun. I have been a prosecutor. After I the many kids who play in this pro- will give the Federal authorities and went to law school, my first job was as gram. They are looked up to. They are the State and local authorities more a prosecutor. I spent a large number of respected. And in some instances, in tools to deal with criminal activity. years of my adult life defending people fact more instances than I would like That is what we need. charged with crime. So I have a little to admit, they are the only role model Criticisms of this measure, I think, bit of background about criminal ac- positive in nature that these young are disingenuous, especially, Madam tivities both from a police standpoint, people have. President, when you consider they a prosecutorial standpoint, and defend- The person who runs my southern voted for it before. And, as the major- ing those charged with crimes. Nevada office is a man by the name of ity leader explained on the floor today, I want to spend a little time today Eric Jordan. He wears on his finger a they cannot talk about the numbers. talking about a buzzword that has been Super Bowl ring. He played for the New They lose that game, because the only used to say how bad this crime bill is. England Patriots in the Super Bowl. numbers they complained about origi- It is used to deride a crime prevention Eric Jordan was raised in southern nally were that it did not give State program that opponents of the crime Nevada. He had good parents. He was and local authorities a long enough bill have become obsessed with, the so- able to go to elementary school, high time to get assistance. So we extended called midnight basketball program. school and college. I have spoken to that time. That is where the added dol- Time and time again opponents of this Eric, and there are not many people lars come from. legislation, even though they voted for who wear a Super Bowl ring. Why? Be- If you look at the findings summary, it previously, are saying this is pork, cause it is difficult to make it through you find that the trust fund dollars that the midnight basketball program high school, college, and certainly have been set up in this bill. Law en- is pork and, for this reason and a few through professional football. forcement, together with prisons, made others, bring it down; we do not need a But this is the program Eric Jordan up 77 percent of the bill. In the bill crime bill. said has kept people off the streets. He now, after the conference report, law In fact, the Republican whip in the should know. He was raised in the com- enforcement and prisons make up 77 House has said he thinks the Federal munity. percent of the bill. It did not change a Government ought to be encouraging I would ask opponents of this bill to percentage point. It changed it around kids to stay in school and study and ask themselves the following ques- a little as to how much went to prisons not go out and play basketball at mid- tions: Is it wrong for the Federal Gov- and law enforcement, but they are the night. I say to the Republican whip, ernment to provide money to programs same numbers. With prevention and who I served with in that body, that that teach at-risk youth about the im- drug courts, it originally started out at the midnight basketball does just that. portance of responsible parenting? The 23 percent; after the conference report, It encourages children to stay in obvious answer is no. 23 percent. It has not changed a per- school. It is about mentoring. It is Is it wrong for the Federal Govern- centage point. about teaching responsibility. It is ment to reach out to at-risk youths I say that we should be able to vote about working as a team. It is about and attempt to impart in them the im- on the bill. The people of the State of working with high-risk youth to assure portance of continuing their edu- Nevada-Democrats, Republicans, and they stay in school and sometimes go cation? Is it wrong for the Federal Gov- Independents-recognize that these on to college. It is about spending a lit- ernment to spend $5,000 to organize a random crimes, these random killings, tle more money on our youth today so basketball league for at-risk youths? It these random acts of violence are not we do not have to spend a lot more takes as much as $50,000 a year to keep directed at Democrats, they are not di- money on them as adults in the future. a young person in a reformatory, a rected at Republicans or Independents, How do I know about this program? I youth in prison, as much as $50,000 a they are directed at people who, by know about this program because one year. And we are talking about orga- chance, may be Republicans, Demo- of the first programs in the history of nizing a basketball league for a lot crats or Independents. our country that dealt with nighttime less. This is not a time to be partisan. By basketball was a program that started Is it wrong to spend a few dollars to being partisan, they stand the chance in Las Vegas, NV. It is a great pro- provide alternative activities for of bringing down this crime bill. And I gram. It is still in existence, and it is youths who are now aimlessly wander- say those that are facing election this evidence that it is both cost effective ing the streets and engaging in random year or next year or the year after in and crime preventive. criminal activity? the Senate should face the voters for These leagues were started almost 5 We read all the time about random bringing down this crime bill because years ago by a man in Las Vegas who criminal activity; people hurt other that is what they will do. worked for the recreation department. people for no other reason other than This is what the American people a man by the name of Thomas Gholson. they do not have anything else to do. really want-crime prevention. He was an energetic leader. He wanted Is it wrong for the Federal Govern- Let us get rid of this program, they to do something different. He wanted ment to attempt to make our streets say, this midnight basketball program. to do something more to justify his safer to walk at night and now even in If the kids are roaming the streets at paycheck than just go to work every the daytime? Is it wrong for the Fed- midnight and engaging in criminal ac- day. He came up with a program. There eral Government to encourage team tivity, lock them up; arrest them. This were kids on the street. You could play and civic behavior? Is it wrong for will prevent crime and will keep our drive down the streets and see them. the Federal Government to make a streets safe. 23912 CONGRESSIONAL RECORD-SENATE August 24, 1994 This is simply not realistic, Madam "It was like a chance to show I was bet- Basketball turns out to be a good vehicle President. We need to have strong law ter." said the soon-to-be Clark High School because of the relationships players develop atten- with their coaches, said Reed, who played on enforcement. We need to do better with junior. "I started listening and paying tion. Basketball is like teaching. You won't a Night Hoops team before landing his cur- cannot have the rotat- our prisons. We learn if you don't listen." rent job. ing prison system that we have. We Now in its third year, the summer basket- "They find out that somebody does care have to make sure that we have cer- ball league offers participants age 16 to 25 about them. Then they start to think, "If tainty of punishment. Our criminal something to do in the late hours of the somebody else can care about me, then I can justice system is breaking down, not night to keep them out of trouble. It also care,'" he said. because of a lack of severity, but be- provides the opportunity to interact with Mr. REID. I do this, Madam Presi- cause of lack of certainty of punish- professionals-including firefighters, deputy dent, because this article says it all. district attorneys, a public defender and a ment. Punishment is good because it is housing authority deputy director-who And I might add that this newspaper is certain, not because it is severe, and serve as coaches. a very conservative newspaper, edi- we do not have certainty of punish- The league, which plays at Doolittle Com- torially. But this is a feature article in ment. This legislation will help bring munity Center. North Las Vegas Recreation that newspaper and it says, as a sub- about certainty of punishment and Center and the Chuck Minker Sports Com- headline, "Players find enjoyment and maintain the severity when necessary. plex, is sponsored by the Las Vegas and encouragement in a basketball league So, doing away with the midnight North Las Vegas housing authorities; parks for young men and young women." departments from the two cities and Clark basketball program, as they want to do We in Nevada believe that at-risk County; the Federal Bureau of Investigation; is wrong. It is a partisan smokescreen, and the county public defender's office and youth are more than just young men. and the American people can see right Juvenile Court Services offices. We know that there are gangs that through it. "This stuff has kept a lot of kids off the consist only of women. We know that Solutions to today's crime problems streets." said referee Larry Cross. "Basket- some of the gang membership is also are not going to be found solely in the ball brings a lot out of a kid." made up of women. So the program af- construction of more prisons to house Las Vegas Housing Authority Deputy Di- fects young men and young women. America's youth and Nevada youth. rector Tom Gholson initiated the program, Let me read just a little bit, Madam along with Ray and Ross Transport owner George Allen, whose son is now a President, from what the writer of this conservative Republican Governor in Sammie Armstrong, after learning of a simi- lar league in Washington. D.C. article, Marlin Green, wrote. Virginia, George Allen, the famous late "I've gotten close to a lot of the young To get along with people. To never give up. football coach of the Washington Red- men and have been able to try to guide them These are two of the many lessons 16-year- skins, considered a conservative both in a positive direction and have learned that old Pharin Wheaton says he's learned on the field and off, put it best when he they want the same things as anybody else- through playing basketball in the Late Night said that the best offense is a good de- an opportunity." said Gholson. who coaches Hoops program targeting at-risk youth and fense. I agree with that philosophy, one of the teams. young adults in economically disadvantaged whether it is liberal or conservative. Often, players decide to get their high neighborhoods. Midnight basketball leagues offer ef- school equivalency degrees, go on to college This has been branded, Madam Presi- or find jobs, including positions with the fective defensive schemes that we can dent, as a midnight basketball pro- housing authority's apprenticeship program, employ in our fight against crime. which pays $8.50 an hour while teaching par- gram. Some of the games go as late as Do Government-run basketball pro- ticipants a skill, he said. midnight, but also they end earlier grams prevent crime and provide at- This year, the program has been expanded than that. It is a night basketball pro- risk youth with greater opportunities to include eight women's teams as well as 16 gram, popularly known as the Late to succeed? Yes. men's teams. Night Hoops Program. Madam President, I will ask unani- Diana Cranford, for one, is grateful. Anyway, on with the article. "There's nothing else to do around the mous consent to have printed in the "Before I was playing basketball, I really RECORD an article from the largest neighborhood," said the 15-year-old resident didn't want to live because I didn't think I of the Marble Manor housing project in West was nothing." Wheaton said, as he watched a newspaper in the State of Nevada. The Las Vegas. newspaper is now, in circulation, ap- Without Night Hoops, she probably would game from the bleachers at North Las Vegas Recreation Center. proaching a quarter of a million. It is be home watching television, said Cranford, Then. last year, he joined Late Night entitled "On-Court Lessons Prove Val- who will be a freshman at Cimarron-Memo- Hoops. uable." rial High School this year. "It was like a chance to show I was bet- Coaches also detect they're making a dif- I know that the pictures that appear ter," said the soon-to-be Clark High School on this cannot go into the CONGRES- ference. "You see a definite change as far as atti- junior. SIONAL RECORD, but I ask unanimous tude, as far as they want to do something I had two children that graduated consent that the article be printed in other than hang out," said Wayne from Clark High School. the RECORD. Carrington, Jr., assistant coach of the "I started listening and paying attention. There being no objection, the article Aggies. Basketball is like teaching. You won't learn was ordered to be printed in the What Wheaton has learned from Night if you don't listen." RECORD, as follows: Hoops has carried over into his school life. Among other things, the article says: [From the Las Vegas Review-Journal] He made the junior varsity basketball team and plans to play on the varsity team It also provides the opportunity to interact ON-COURT LESSONS PROVE VALUABLE next year. His schoolwork has improved, too, with professionals-including firefighters. PLAYERS FIND ENJOYMENT AND ENCOURAGE- Wheaton said, noting he upped his grade- deputy district attorneys, a public defender, MENT IN A BASKETBALL LEAGUE FOR YOUNG point average last year to 3.0 a housing authority deputy director-who MEN AND WOMEN Wheaton's now setting his sights on col- serve as coaches. (By Marlan Green) lege and a sports administration career. The league, which plays at Doolittle Com- To get along with people. To never give up. The camaraderie of the teams has meant a munity Center. North Las Vegas Recreation Those are two of many lessons 16-year-old lot to Wheaton. Center and the Chuck Minker Sports Com- Pharin Wheaton says he's learned through "The guys on the team. they try to like be plex, is sponsored by the Las Vegas and playing basketball in the Late Night Hoops a dad to you if they see you have no guid- North Las Vegas Housing authorities; parks program targeting at-risk youths and young ance," said Wheaton, who lives with his departments from the two cities and Clark adults in economically disadvantaged neigh- mother in West Las Vegas and says he is not County: the Federal Bureau of Investigation; borhoods. close to his father. and tie county public defender's office and "Before I was playing basketball, I didn't Program coordinator Will Reed is one per- the Juvenile Court Services offices. really want to live because I didn't think I son Wheaton said he turns to for guidance. Do you think the FBI and the Clark was nothing," Wheaton said. as he watched a "You're not going to reach them all, but game from the bleachers at North Las Vegas for the ones that you do reach, it's worth it." County Juvenile Services and the pub- Recreation Center. said Reed. 26, a former professional football lic defender's office and the DA's office Then. last year, he joined Late Night player who grew up in predominantly black are involved in this because they want Hoops. West Las Vegas. to make more delinquents? I think August 24, 1994 CONGRESSIONAL RECORD-SENATE 23913 they are involved in this program be- (See exhibit 1.) ited the first such league, in Glenarden, cause they are curing delinquency. Mr. REID. Margaret Carlson says: Maryland. That is what this program is all about. "Stop the shooter!" shouts the man with That is right out here not far from "This stuff has kept a lot of kids off the the blue bandanna around his head. There's a where I am speaking. street," said referee Larry Cross. "Basket- cop nearby, but he makes no move on the 6- "The last thing midnight basketball is ball brings a lot out of a kid." ft. 3-in. teenager who is taking aim. That's about is basketball," President Bush said at Las Vegas Housing Authority Deputy because the patrolman is one of about 75 the time. "It's about providing opportunity Director, Tom Gholson-who I spoke spectators who have dropped by for an Under for young adults to escape drugs and the the Stars basketball game-and the shooter streets and get on with their lives. It's not about a little earlier-initiated the simply wants to sink a basket. program, along with Sam Armstrong- coincidental that the crime rate is down 60% I am not going to read all the article, since this a good personal friend of mine-after program began." but I want The program has grown to serve about learning of a summer program in Wash- to read part of it because it makes the point as to the charade 10,000 kids in 50 cities. Says David Mitchell, ington, DC. going on here in the U.S. Senate about police chief of Prince George's County in "I've gotten close to a lot of the young the pork. That is only a subterfuge to Maryland: "You hook them with basketball men and have been able to try to guide them with all the trappings-in a gym with ref- in a positive direction and have learned they kill the bill. The article continues, erees and uniforms and a tournament-and want the same things as anybody else-an next paragraph. then you teach them lots of other things as opportunity," said Gholson. who coaches one Somehow, though, midnight basketball has well." However, expanding this proven crime of the teams. become the laugh line of the crime bill. It stopper to the many thousands of kids who Madam President, I have had the has come to stand for all that is wrong with want to join will take more than a patch- pleasure of watching these young liberals and their woolly talk about "root work of volunteer coaches, country recre- causes." men-I did not see any of the young ation programs and local businesses to pay Madam President, the Senator from for the referees, bus drivers, utilities, uni- women-watching the young men. forms and equipment. The money in the They were so proud of being able to be Nevada has been called a lot of things these Senate Chambers but never a bill-$5 million in 1996, rising to S10 million on a team and being part of something. in in 2000-sounds like a lot. But remember: it For most of these young men it was liberal, and I support this bill. cost at least $20.000 to lock up one person in the first time they had ever been part What the ridicule of midnight basketball prison for a single year. of anything-part of a team-that was shows is how mindlessly partisan Congress has become. For the most part Republicans So I believe if we are going to be constructive in nature. were in favor of the crime bill-including bashing on pork we should find another The article goes on to say: Subtitle F, called Midnight Sports. That was victim and not midnight basketball. Often. players decide to get their high before they realized that they could recap- If you take five at-risk youths and school equivalency degrees, go on to college ture the law-and-order issue for themselves organize a forum where they can learn or find jobs, including positions with the by stalling the bill. Suddenly the G.O.P. and of alternatives to criminal activity and housing authority's apprenticeship program, conservative think tanks-even Charlton which pays $8.50 an hour while teaching par- the importance of responsible behavior, Heston, speaking for the National Rifle Asso- we are talking about a taxpayer sav- ticipants a skill, he said. ciation-were all over it. Instead of putting This year. the program has been expanded 100.000 police officers on the street, they ing, if we can keep five young people to include eight women's teams as well as 16 said, the crime bill would find only 20,000; it out of prison, of a quarter of a million men's teams. would create more social workers than cops: dollars. Diana Cranford, for one, is grateful. it would also release 10.000 drug dealers. If the issue is whether we ought to be "There's nothing else to do around the spending money on these kinds of pro- neighborhood," said the 15-year-old resident This is Time magazine, not HARRY of the Marble Manor housing project in West REID, even though I certainly under- grams, we must also ask questions like Las Vegas. score and support what they say. The this: How can we pay taxpayers' dollars Well, she would have "something to next sentence is: "All those allegations to farmers to ensure they do not har- do," paraphrasing, but it would prob- are untrue." vest wheat or some other crop, that ably not be what we want her to be All those allegations are untrue. they do not plant, but insist no Federal doing. They are a cover to defeat this crime dollars should be spent to keep our right "You see a definite change as far as atti- bill. I repeat, the people of the State of youth out of trouble and on the tude, as far as they want to do something Nevada, Democrats and Republicans, track? Maybe we should do away with other than hang out," said Wayne when a violent crime hits them or their price support programs and programs Carrington Jr., assistant coach of the family or their friends nobody asks if dealing with farm subsidies. Aggies. they are Democrat or Republican. I personally think there are some This is a great program. I could not When the ambulance comes, when the programs we could cut down there. But let the time go by with the bashing police show up, they do not say are you these programs were developed for real that the so-called midnight program Democrat or Republican or did you reg- good reasons-to increase farm produc- has taken without defending something ister independent? That is not the tion, to allow farmers to maintain a that has been good for my community. question. The people of the State of Ne- price that they could sell their crops. It is wrong they are trying to bring vada want something done about Prisons, reformatories, are not cheap down the bill for pork. This is pork? If crime. This is not a cure-all, but it cer- to run. The costs simply do not stem this is pork we need more of it. tainly will go a long way in allowing from incarceration. Prisoners file friv- I have given the local flavor that I local police to do more than what they olous appeals once they get in prison. understand very well. Last night at have been able to do. In the State of Nevada, the Federal home, as I was resting, trying to doze She goes on to say: "Before civility court system, about 40 percent of the off, I picked up this week's Time maga- and politics completely broke down, cases filed in our Federal court system zine, and sure enough, in Time maga- George Bush"-in case we have forgot- are by prisoners. Opponents of this bill zine there is a commentary written by ten, he was our President, and I might bemoan us spending money on preven- Margaret Carlson. This is the August 29 add, a very fine man. I like George tion but have no problem spending bil- issue of Time magazine. The article is Bush a great deal. I prize three letters, lions to lock people up and allow them entitled "Order on the Court." handwritten letters, he wrote to me on to drain away our judicial resources. Madam President, I ask unanimous things I did to support my Republican There are billions of dollars in this consent that this article as well as the President. He was grateful and sent me bill for crime prevention, for locking Levy article be printed in its entirety handwritten letters saying that he was people up, for law enforcement, for in the RECORD at the conclusion of my grateful. I like George Bush very much. drug courts-and I am glad it is there. remarks. Before civility in politics completely broke But do not beat up on the nighttime The PRESIDING OFFICER. Without down, George Bush gave midnight basketball basketball programs. Call it like it is. objection, it is so ordered. the Republican imprimatur. In 1991 he vis- You want to defeat this bill because it 23914 CONGRESSIONAL RECORD-SENATE August 24, 1994 is a bad bill? You want to defeat this and we want to give them help. The cop nearby, but he makes no move on the 6- bill so President Clinton may be em- only way that I can see that they can ft. 3-in. teenager who is taking aim. That's barrassed because the bill just passed get the help they need is through this because the patrolman is one of about 75 spectators who have dropped by for an Under the House? But do it on that basis, be legislation. the Stars basketball game-and the shooter up front, vote against the bill. Do not There are many other things that we simply wants to sink a basket. Every Tues- do it on this technicality, because the look to for help. Drug court programs- day and Thursday night inside Dunbar High American people will see through this. we have a very successful program in School gym-12 blocks from the Capitol and The people of the State of Nevada- Nevada. It started in southern Nevada, five from one of Washington's most notori- consisting of Democrats and Repub- championed by a judge by the name of ous drug markets-the only shots the police licans and some independents-they Jack Lehman, a man I practiced law have to worry about are lay-ups and free with in the same community for a throws. know a partisan harangue when they Somehow, though, midnight basketball has hear one. number of years. I am personally grate- become the laugh line of the crime bill. It It is outrageous to accuse those who ful to him that he gave up a lucrative has come to stand for all that is wrong with support this kind of program as being law practice to become a State court liberals and their woolly talk about "root soft on crime. It is a red herring, and judge. He is doing a wonderful job. causes." The criteria set out to define com- those who make this charge know it is These drug court programs, which he munities eligible for funds-those with a a red herring. pioneered in Nevada, will receive high incidence of joblessness, illegitimacy, I think most people who have gotten money in the State of Nevada, an esti- AIDS and crime-have been parodied as re- mated $4.8 million over the next 6 quiring teams to be made up of HIV-positive, to the U.S. Senate have a pretty good drug-taking pregnant dropouts. And the very record as far as fighting crime, but years for the State of Nevada. name doesn't help. At midnight all the good that is up to their own constituency to Criminal record systems, we can get kids are supposed to be in bed, and anyone determine. But for me, as an example, some help with. For example, enforcing who isn't should not be coddled with give- I support the death penalty. I support the Brady law. Judges, prosecutors, aways. More curfews will do the job and they cracking down on sexual predators and public defenders, about $1 million to cost nothing, the critics say. What the ridi- child molesters. The issue I believe is the State of Nevada. cule of midnight basketball shows is how not whether this is a tough crime bill, Madam President, the State of Ne- mindlessly partisan Congress has become. vada stands to gain significantly from For the most part Republicans were in favor but whether it should be killed on a of the crime bill-including Subtitle F. technicality. this legislation. I think it would be a real shame if this legislation did not called Midnight Sports. That was before they The State of Nevada benefits from realized that they could recapture the law- this crime bill. In dollars and cents, we pass. and-order issue for themselves by stalling benefit from this crime bill. Those who oppose these programs, I the bill. Suddenly the G.O.P. and conserv- The State of Nevada is going to get think, should reexamine their con- ative think tanks-even Charlton Heston, more than 500 police officers. That sciences. They are the naysayers who speaking for the National Rifle Association- do not believe the Federal Government were all over it. Instead of putting 100.000 po- might sound like a lot. The Presiding lice officers on the street, they said, the Officer, I see, and also her colleague could and ought to reach out to our Na- tion's at-risk youth and steer them crime bill would fund only 20.000: it would from the State of California, have 30 away from a life of crime and toward create more social workers than cops: it million people in the State of Califor- would also release responsible civic 10.000 drug dealers. nia, and I know 500 police officers does behavior. They are All those allegations are untrue. The hill using nighttime basketball, not sound like much. We have about 1.4 night funds 75% of salary and benefits for 50.000 hoops, as a ploy to defeat this whole million people living in the State of new police officers by the year 2000. with bill. I think it is wrong. Do not tell me local funds providing the remaining 25%. Nevada, and 500 police officers scat- this prevention does not work. Preach Moreover. $7 of every $10 in the bill goes to- tered around the State of Nevada will it to someone else, but not to the peo- ward law enforcement and prison construc- make a significant impact. ple of Nevada. We know that it works. tion. As for the release of drug dealers, Given Nevada's share of the popu- Arguably, criminal activity has been judges would be required to review the man- lation and the additional $6.5 billion in datory minimum sentences and free less prevented. Kids were provided with al- egregious criminals-probably 400 at most- discretionary dollars, Nevada should ternatives to hanging out and getting expect a total of about $75 million to make room for truly violent offenders. over in trouble. And, hundreds of thousands, Before civility in politics the completely broke next 6 years. Of that total, up to 85 if not millions, of taxpayers' dollars down, George Bush gave midnight basketball percent can be used to hire police offi- have already been saved because we are the Republican imprimatur. In 1991 he vis- cers and about $11 million can be used not incarcerating young men and ited the first such league, in Glenarden, to help pay for the training over time, women, but teaching them through Maryland. "The last thing midnight basket- administrative costs, and community ball is about is basketball." President Bush mentoring and being part of a team. said at the time. "It's about providing oppor- policing in Nevada. These are real So, Madam President, in the State of things that help the State of Nevada. tunity for young adults to escape drugs and Nevada, if we can keep 10 kids out of the streets and get on with their lives. It's Boot camps-we hope to get some in the reformatory in Caliente or in Elko, not coincidental that the crime rate is down Nevada. we can save hundreds of thousands of 60% since this program began." Byrne enforcement grants-we will dollars just in the first year. The program has grown to serve about get part of those moneys if this bill I do not really like everything in this 10.000 kids in 50 cities. Says David Mitchell. passes. Madam President, I have not bill. There are parts of it I do not like, police chief of Prince George's County in heard anyone on this floor complain Madam President. But there is such an Maryland: "You hook them with basketball with all the trappings-in a gym with ref- about Byrne grants. They are in this overriding goodness in this bill that I bill. They erees and uniforms and a tournament-and do not complain about them am going to support this bill. If this then you teach them lots of other things as because they work. They help in doing bill were given a fair shot, people on well." However, expanding this proven crime something about illegal drug traffick- both sides of the aisle would vote over- stopper to the many thousands of kids who ing. whelmingly for it. I think it is a shame want to join will take more than a patch- Rural law enforcement grants-Ne- on a technicality that we may not have work of volunteer coaches, county recreation vada is going to get money for law en- that ability. programs and local businesses to pay for the forcement in rural Nevada for drug and I ask the people of this country to referees, bus drivers, utilities, uniforms and crime enforcement. We need that help. equipment. The money in the bill--S5 million make sure that we have the ability and in 1996. rising to $10 million in 2000-sounds About 85 percent of the people of Ne- the opportunity to vote on this bill. like a lot. But remember: it costs at least vada are in Reno and Las Vegas, maybe EXHIlTrr 1 $20.000 to lock up one person in prison for a a little more. But we have huge, vast ORDEIR ON !'THlCOURT' single year. areas where tourists use the highways (By Margaret Carlson) Mr. HATCH addressed the Chair. coming to Nevada. These small com- Stop the shooter!" shouts the man with The PRESIDING OFFICER. The Sen- munities throughout Nevada need help, the blue bandanna around his head. There's a ator from Utah. August 24, 1994 CONGRESSIONAL RECORD-SENATE 23915 Mr. HATCH. Madam President, we spent, it would just be added to the def- could be described in that way. As a have been listening for days to argu- icit. matter of fact, I have a list here of a ments on the floor. I would like to My question to you on that point, number of the programs that are still bring it to a close, and I would like to though, is, is it not that one of the in this conference report, some of be able to resolve these matters. I things you want to try to address with which certainly were not in the bill think we have provided a means to the amendments, that you would like to be when it passed the Senate originally, majority leader where we might be able able to offer, is to reduce the overall and there are hundreds of millions and to do that. spending level in this bill that went billions of dollars. The Model Intensive I have been listening to the distin- from $5 billion or $7 billion when origi- Grant Programs, which is $625 million, guished Senator from Nevada, and he is nally introduced all the way up to $30 that will go to 15 cities, hand-picked by a dear friend of mine. He acts as if this billion now? It seems to me we could at the administration; the Local Partner- money is going to be there. I can tell least cut back some of the spending in ship Act, $1.6 billion which takes the you what the people in America think. this bill which would just be added to form of revenue-sharing grants to be They know it is not going to be there, the deficit, if we do not. Is that one of distributed by the Department of Hous- and I am telling them it is not going to the amendments or series of amend- ing and Urban Development for three be there. ments you will have? general purposes. One of particular in- Who here in this country today be- Mr. HATCH. The Senator makes a terest, the National Community Eco- lieves that this administration is going wonderful point. It is one of the amend- nomic Partnerships, the Department of to cut back on 250,000 Federal employ- ments we would have. I just saw on Health and Human Services-not the ees in order to create this money CBS nationwide news this morning a Justice Department, HHS-would pro- which, by the way, other committees liberal Democratic mayor from Kansas vide $270 million in grants to commu- have already spent, anyway? You have get on and say, 'We don't want the nity development corporations to "im- committees that have tapped into this money for the police." Why would he prove the quality of life." No pretense so-called trust fund, assuming that it say that? Everybody is saying, "We of tying the use of these funds to any is going to be there; 250,000 employees don't have enough police," and that is sort of crime control is made. under GORE Reinventing Government what we are trying to do with this bill, Now, let me ask the Senator, the dis- have to be thrown out-not thrown out, is it not? He said, "We don't want the tinguished Senator from Utah, are but gradually done away with. When money." these some of the projects that could was the last time you saw that happen, You know why, because people do not be knocked out by the amendments he in order to get this money? understand out there-maybe it is time would have, some of the programs that So we talk about how our States are we tell them-that the State has to put clearly do not affect fighting crime in going to benefit from this money. I up 25 percent of the money in the first these communities? would like to know where it is. This year for these new police, but in the Does the Senator have others that he country is awash in debt, and here we second year, they have to put up 50 per- could cite that we could possibly knock are talking $30 billion more. Maybe cent, and in the third year, 75 percent out and save money or move that that miracle will occur. I believe in of the money. money over into legitimate crime miracles. I have been raised to believe They are saying if we had 20-this is fighting? in miracles. I have seen some miracles what the mayor said, or at least one of Mr. HATCH. Clearly, the conference in my lifetime. But I really lack a cer- the policemen said it and then the report still contains billions of dollars tain amount of faith that this Federal mayor confirmed it. If we had 25 per- of pork barrel projects, or what we Government and this administration is cent of the money now, we would be would call wasteful social spending going to somehow find $30 billion over hiring policemen now, and we would be programs-wasteful because many of the next 6 years to spend on this bill. putting them to work. But we do not them are duplicative of dozens, if not Mr. LOTT addressed the Chair. have the money. hundreds, of other programs already in Mr. HATCH. Madam President, if I How are they going to have 50 per- existence. And one of the things the can make one last sentence. In fact, cent the next year and 75 percent the House did this last weekend was knock even if-even if-we somehow get rid of next year? There is not anybody who out the job training part of it. It was those 250,000 Federal employees to fund looks at this who does not realize that almost $1 billion. They knocked it out this trust fund because the Congress, we are putting a little more than $1 bil- because we already have 154 job train- at least the House, has been so prof- lion to hiring new police in this coun- ing programs in this country at a cost ligate, and the conference committee, try from this bill a year, and that it is of almost S25 billion. to go to $33 billion and then back to $30 not going to a hire 100,000 police even I might say the bottom line is these billion, according to the budget people, at best. And let us say if you get 20,000 programs are not about crime preven- we are still going to have a $13 billion you would be lucky. And then the tion, as President Clinton likes to deficit. At best, that is what we are States are going to wind up footing the claim, but about placating the most going to have. bill in the end and policemen are say- liberal wing of the Democratic Party I do not know about you, but I think ing, rookie cops are not going to help with pure social spending, more of the the American people are sick with it. that much under these circumstances same. They are fed up with it. And now, for when we are going to pay the bill. The Senator mentioned the Model In- us to act like this is all going to hap- Mr. LOTT. Madam President, I would tensive Grant Programs. That is a pro- pen because of a crime bill, they are like to ask the Senator to yield again gram of $625 million of pure pork. just sick of it. for one more question before moving on Under this program, as the Senator Mr. LOTT. Will the Senator yield for to another subject. said, 15 cities hand-picked by the ad- a question? Mr. HATCH. Sure. ministration-my goodness, why would Mr. HATCH. I will be happy to. Mr. LOTT. I had hoped to make a not the Justice Department do that? I Mr. LOTT. Madam President, the statement on a whole number of areas. guess they do, do they not? They are Senator's point is, the truth of the but I think since the ranking member the administration, are they not? Fif- matter is, there will not be funding for of the Judiciary Committee is here it teen cities are going to be the wonder- a number of these programs. For in- best I be able to ask him two or three ful beneficiaries of this well-inten- stance, there will not be 100,000 law en- specific questions. tioned grant program and they are forcement officers put on the streets Mr. HATCH. Sure. given complete discretion on how to across this country. And, as a matter Mr. LOTT. A question has been spend this money, and it may be spent of fact, in addition to that, there is at raised, what is pork? Is there pork in on any purpose loosely tied in in the least probably $13 billion, maybe more, this legislation? There are billions of grant application to crime reduction. that will not be paid for. If it were dollars of programs that certainly Goody-goody. 23916 CONGRESSIONAL RECORD-SENATE August 24, 1994 The problem with that is there will first time by an overwhelming major- book." But, whatever the amount, the trust not be any money there to do it any- ity. fund tells us to put aside $6.5 billion of our Mr. HATCH. We helped. total in a special checking account-kind of way, or if the money is there to do like a "Christmas Club"-that we will only that, you can guarantee it will not be Mr. REID. To say it would take a use to pay for the police, prisons and preven- there for prisons or police or apprehen- miracle is not true. tion in the crime bill. sion, prosecution, conviction, incarcer- I would also say to my friend from The PRESIDING OFFICER. The Sen- ation, and punishment of criminals, Utah regarding his concerns about why ator from Utah has the time and has which is what we really started out to HUD should be involved in this? We the floor. do. have all read the paper. That is where Mr. HATCH. I thank the Chair. Let Take the Local Partnership Act. much of the crime in this country is me continue to answer the question of That is $1.6 billion in pure pork, which bred, in the housing developments. The my friend from Mississippi. takes the form of revenue-sharing midnight basketball program in Las He said, what are some of these pro- grants to be distributed by the Depart- Vegas started as a result of a person grams? We just named $625 million in ment of Housing and Urban Develop- who worked in housing. the Model Intensive Grants Program, ment-the Department of Housing and Mr. HATCH. If I could take back my pure pork; Local Partnership Act, $1.6 Urban Development. What made them time, let me just answer some of that. billion-that is with a "B"-pure pork, experts on crime? They are hardly ex- I commend the Senator if he has been with the most generalized, generalized perts on housing and urban develop- able to reduce spending in the Federal description. ment. As I understand it, they have al- Government on that one small, soli- Let me give you the National Com- ready overspent their budget-for three tary Appropriations Subcommittee. I munity Economic Partnership. Now, general purposes: Education to prevent believe the Senator has worked hard, let us see what this has to do with crime, drug abuse treatment to prevent but I am talking about $5 trillion of crime. This is what my Democrat coun- crime, and job programs to prevent debt now. terparts think we should be doing for crime. Wait just a second. Let me just say crime when we are awash in violent Keep in mind, there are 154 Federal what I am going to say. I am talking criminals, that is, other than their programs, Federal job training pro- about $5 trillion of debt, and if I am constant harping on the fact that the grams now paid for by you, the tax- going to spend crime money, I do not whole battle here is over guns. payers, almost 25 billion bucks and want HUD spending it. I want the Jus- Give me a break. My side is not fight- they want to give them more for these tice Department or somebody who ing guns at all right now. We hate that duplicative programs. knows something about crime spending provision, some of us, but the fact is we Look, if they want to do these social it, some department that really deals lost. What we are fighting is pork. And engineering programs, I might even with criminal problems. And I do not we are fighting the fact that they took vote for them if they would do them want to have it spent on pure pork so- 30-plus anticrime, tough amendments straight up and not hide them in the cial programs when we have got violent that we passed here by almost unani- crime bill. criminals running all over this country mous votes in the Senate out of the Mr. REID. Will the Senator from berserk. Frankly, when you can show crime bill in the House. Utah yield? me when we have made a real dent in Mr. LOTT. Will the Senator yield at Mr. HATCH. I will not yield now be- getting those 250,000 employees gone, I that point, and I will stop asking ques- cause we did not get a chance to talk might believe this. But even then you tions? last night. I waited for 3 hours just for are $13 billion in deficit under this $30 Mr. HATCH. Sure. 15 minutes and finally had to leave in billion bill. Mr. LOTT. I had one other point I despair. Let me just finish the answer to the wanted to make, and it fits in right Mr. REID. I only interrupt because there. question. Will the Senator explain to me on the Senator mentioned my name, and I Mr. REID. I appreciate the Senator that point why the strong language would be happy to respond. yielding. I would ask unanimous con- that we had in the Senate-passed bill Mr. HATCH. I would be happy to sent that a statement regarding the that increased the penalty on criminals yield for that. deficit, the trust fund does not add to using a Mr. REID. I appreciate that very that commit crimes while the deficit-I would not take the Sen- handgun was deleted? much. I will take time responding ator's time, but I would ask the re- I have, for the life of me, tried to fig- later. marks be made part of the RECORD. ure out why they say they want to get The Senator said he doubts the trust Mr. HATCH. That would be fine. gun control and yet when we try to get fund will be funded as a result of cut- There being no objection, the mate- tougher on criminals who use hand- ting back Federal programs. rial was ordered to be printed in the guns, they take that out. Mr. HATCH. I not only doubt it. I RECORD, as follows: What possible explanation could exist know those funds are not going to be TRUST FUND DOES NOT ADD TO DEFICIT for that? there and so does the Senator from Ne- This point rests on little more than an ac- Mr. HATCH. Does the Senator not re- vada. counting rule-the Republicans point out alize that there are those on the con- Mr. REID. The Senator is aware that, (correctly) that in fiscal year 1999 and fiscal ference committee-of course, all very for example, in the legislative branch, year 2000 there are no discretionary budget liberal-who believe that these people which is part of the overall cut, we caps, so there is no budget total agreed to by really did not commit the crimes, that have met our responsibility by cutting a congressional budget resolution, so-the they are a product of their environ- personnel by 4 percent, overall admin- argument goes-we cannot guarantee that the crime bill will not add to the deficit in ment, and that the environment is so istrative accounts by 14 percent. The fiscal years 1999 and 2000. bad that it produces these criminals Federal Government has 3.4 million This is a "Red Herring." The trust fund and they should not be held responsible employees, and this trust fund called language in the crime bill specifies that the for it? Why should we be hammering for cutting approximately 250,000 peo- $13 billion in reductions to fill the trust fund them with tough mandatory minimum ple- in 1999 and 2000 will be made from "com- sentences when they use a gun because Mr. HATCH. Yes, 250,000. parable amounts for budgetary purposes"-in that is what they learn in these tough Mr. REID. Out of the 3.4 million em- other words, none of us know how many dis- areas? Unfortunately, there may be a ployees. I think we can do that easily. cretionary dollars the Federal Government will have to spend in 1999 modicum of truth to that. But I think We are already well toward that. and 2000. but what- And I ever the total it will be reduced by $6.5 bil- people still have to be held responsible would just say to my friend that it lion in 1999 and $6.5 billion in 2000. for their actions, but they do not feel seems very clear we can do that, and In plainer English. none of us know exactly the same way. It is apparent. the people on that side of the aisle be- how much money is going to be in the Fed- But back to the Senator's other lieved that when this bill passed the eral Government's discretionary "check point. I thought it was a real good August 24, 1994 CONGRESSIONAL RECORD-SENATE 23917 question. Look at the National Com- The Federal Government knows more [From the Washington Times. July 11. 1994] munity Economic Partnerships. The about basketball than you and I. They WHERE THE PENDING CRIME BILL FALLS Department of Health and Human know more about what to do. They will SHOR'T Services-get this again. The Depart- tell us how to hire our policemen and (By William Bennett and Thad Cochran) ment of Health and Human Services- what they should act like. We are By now the figures are all too familiar. not Justice, not any law enforcement going to give them sensitivity training Over the past three decades, violent crime in agency, not the FBI, not the DEA, or as a matter of fact under this bill. It is America has increased by more than 500 per- anything else-they are going to pro- unbelievable the strings attached in cent. Yet, nearly 3 out of every 4 convicted vide $270 million in grants to commu- this bill. criminals are not incarcerated, and fewer than 1 in 10 serious crimes results in impris- nity development corporations "to im- Mr. GRAMM. Will the Senator yield? onment. prove the quality of life." I think that Mr. HATCH. Yes. The American public will not accept wide- is wonderful. I just cannot believe how Mr. GRAMM. I see the Senator is spread lawlessness indefinitely. If the rate of serious about crime some of our col- caught up in his passion with this bill. violent crime continues to rise. people at leagues really are. And I think there are plenty of reasons some point will look for a police state to re- store There is no pretense of tying the use to be caught up. If my phone calls and order. This makes it all the more ur- gent that we gain control of our streets. of these funds to any sort of crime con- mail are an example of how the Amer- trol. No. They are hiding it in the Unfortunately. members of Congress are ican people feel, they are caught up in using the crime issue as a pretext for doing crime bill because they think the it, too. But I did want to have one tiny what they do best: increasing federal spend- American people want a crime bill to little bit of time. ing on social programs, while reducing the do something about crime and it is a Under the Local Partnership Act, we independence and authority of state and good opportunity to spend more. That are going to give $1.6 billion that will local officials. The major effect of the crime bills cur- is why it is a $30 billion bill. It can go be passed out on the basis of the tax rently making their way through Congress on and on. I think the point is made. rate in cities so that big taxing cities We could go on through 30 programs will be to federalize street crime. will get a lot of money and low taxing Virtually all violent street crime now falls like this. Some of them are good. cities will not get much. under the jurisdiction of state and local gov- I saw the distinguished Senator from Mr. HATCH. That will encourage ernments. Yet the Senate version of the Nevada talk about how midnight bas- lower taxes, will it not? crime bill detracts from local authority by ketball adding more crimes to the works in Nevada. I am for that. Mr. GRAMM. But I think the prize of federal code. I think it is a great. The House version would add 66 felonies to It has been work- this whole bill is that the mayor of ing without Federal the list of crimes eligible for the death pen- Government fund- Providence, RI, has said that with $3 ing or strings. It has been working on alty, but it would all but do away with the million he gets under the Local Part- death penalty by enabling a person convicted a voluntary basis, and he made the nership Act he has what I believe is the of a capital crime to argue that his execu- point. I do not care if the HUD employ- most innovative idea of the whole tion would reinforce a pattern of racial dis- ees helps with them. The fact of the crime bill. And the mayor of Provi- crimination. matter is it has Because the burden would be on the state been working volun- dence, RI, has proposed this innovative tarily. It was one of President Bush's to prove discrimination was not involved, program where you would take people the so-called Racial Justice Act would make points of light. It was supposed to be a who were convicted of graffiti viola- voluntary it virtually impossible to implement the program. I believe in it. I tions who wrote nasty words on public think midnight basketball is a terrific death penalty. But the worst feature of this buildings-we have all seen their provision is the message it sends: that race. idea. But the problem is, if you read work-he would like to take $3 million not the crime itself, is the most important this bill, you find that there are Fed- under the Local Partnership Act, factor in imposing a death sentence. eral strings attached to it. money provided by this bill, and train Both the White House and Capitol Hill are committed to increasing the number of po- I would like to just point out a few of these graffiti violators to be real art- them, if I can read this fine print. It is lice. However. even though individual merit ists. The Senator has to admit that is nowhere more important than in the hir- very fine print. This is a big bill, as this is a man who can have a future in Senator BIDEN said. There is all kinds ing of a police officer, the House bill calls for the Federal city. state and of nice language local authorities to adopt racial. like this in here. Let [Laughter in the galleries.] ethnic, and gender guidelines in hiring. me read this. There is a man who would have the Since more than 88 percent of the funding would Midnight sports league programs that shall capacity with powerful ideas-- be controlled by the Executive require each player in the league to attend Branch. these "guidelines" could quickly employment counseling, job training, and The PRESIDING OFFICER (Mr. DOR- turn into quotas. other educational classes provided under the GAN). The Chair would ask the galleries Besides burdening state and local authori- program, which shall be held in conjunction to refrain from demonstrations. ties with even more federal rules and regula- with the league's sports games at or near the Mr. HATCH. Will the Senator yield tions. these bills would make states and lo- site of the game. for a second? The only problem with calities increasingly dependent on Washing- This is the Federal Government run- this is that they have not asked the ton's largess. Included in the House version National Endowment for the Arts to is roughly $9.2 billion in '60's-style social ning midnight basketball. You have programs to prevent crime. This tax money family outreach in this particular pro- supervise the program of graffiti train- would fund everything from midnight bas- gram. I could go on and on. You have ing. ketball leagues-with federal rules detailing them running midnight basketball that The PRIESIDING OFFICER. The even the composition of neighborhood has been working well on a voluntary Chair requests that Senators seeking teams--to self-esteem classes, arts and basis without the Federal Govern- to ask a question of the person who has crafts. dance classes, physical training pro- ment's interference or strings at- the floor to actually ask the question grams and conflict resolution training. If Congress is as serious as its rhetoric tached, dictating what we have to do in of that person. about fighting violent crime, it should help midnight basketball. I am sure we will Mr. LOTT. I would like to ask one provide states and localities with the re- have a nice set of regulations telling us final question. I ask unanimous con- source: they need to apprehend and lock up how to play basketball. sent to have printed in the RECORD an felons for their full sentences, and thus put Mr. GRAMM. Will the Senator yield? article from the Washington Times by an end to revolving door justice. Mr. HATCH. Yes. William Bennett and our colleague, For example, it should establish an anti- Mr. GRAMM. I was wondering, as the Senator CO'CRAN, from my home State crime trust fund. Under a proposal by Rep. Senator was going through that, if of Mississippi, entitled "Where the James Sensenbrenner. Wisconsin Repub- lican, Congress would rebate an amount they would have the NBA rules and the Pending Crime Bills Fall Short." equal to 2 percent ol federal income tax reve- college rules and the high school rules? There being no objection, the mate- nues to the states to spend onlcrime fight- Mr. HATCH. No. These are inner city rial was ordered to be printed in the ing. This would put between S15 billion to S55 rules. They will have Federal rules. RECORD, as follows: billion into the hands of the people on the 23918 CONGRESSIONAL RECORD-SENATE August 24, 1994 front lines in the war on crime during the ists there was not much we could do if I did not answer that question a lit- next five years. about it, leave it to another death of a tle bit better that my colleague asked. Because of crowded conditions in many crime bill that, you know, we did not My colleague from Delaware refers to state prison systems, judges are imposing even bring it up. And I have to say that the Dole-Hatch gangs program, which prison caps, which result in early release of criminals. This must stop. certainly is a mistake, because you sounds like a pretty softheaded pro- Congress should reform federal rules, such cannot have a tough crime bill without gram. But he wrote that program; he as those surrounding habeas corpus, to pre- habeas corpus reform and the ending of wrote that legislation. Senator Dole vent convicted felons from tying up the these endless appeals. So the Senator and I offered a tough gang amendment court systems with endless appeals. It should makes a very good point. which enhanced penalties for gang of- also establish a good faith exception to the Let me just talk about a couple more fenses. When we offered our amend- exclusionary rule to prevent criminals from of these pork barrel programs. What is ment, we incorporated the Biden gang otherwise solid evi- beating the rap because pork barrel to the Nation out here may grants provision. We did so to build bi- dence was taken in technically imperfect not be pork barrel to some of our more search and seizure operations. partisan support to demonstrate our These are just a few of the measures that liberal colleagues in the Congress. So I own good-faith efforts in this area. could have a real impact on violent crime. have to at least admit that. I think we That was written by Senator BIDEN. We Until members of Congress adopt a crime have been making a pretty good case of put it in our bill. package oriented toward empowering state why should HHS and why should other Senator BIDEN has spoken eloquently and local governments, they should refrain agencies that really do not work daily about his opposition to the Dole-Hatch- from talking tough on crime. with the actual problems of crime, ex- Molinari prior crimes amendment. We Passage of the policies now being consid- cept indirectly, be handling these ered would only further erode Congress' al- decided that there should be an admis- ready damaged credibility. Congress should funds? Why should just 15 cities get the sibility or at least a presumption in salvage the few sound policy options left in bulk of some of these funds? favor of the admissibility of evidence the crime bills-such as truth in sentencing Let me mention a few more. Commu- of prior acts by rapists and child mo- provisions-and make a fresh start on a nity-based justice grants. This is $50 lesters. We think the game is up, it is tough problem. million in grants that would require time to get tough on those people. I Mr. LOTT. The question is this: The social workers' involvement in the have to say that Senator BIDEN did operative sentences in this article are prosecution of criminal cases. Partici- speak eloquently about his opposition these. pating prosecutors would be required to that. But in conference he offered simply Congress should reform Federal rules to to "focus on the offender, not this provision as part of the Senate prevent convicted felons from tying up the the specific offense, and impose indi- Democrats' offer to the House. He did vidualized sanctions such as conflict court systems with endless appeals. It should this early Sunday morning, and I was also establish a good faith exception to the resolution, treatment, counseling and there. We stood here and accused Sen- exclusionary rule to prevent criminals from recreation programs." The program de- ator BIDEN of authorizing this particu- beating the rap because otherwise solid evi- fines young violent offenders as indi- lar provision? Of course not. He does dence was taken in technically imperfect viduals up to 22 years of age "who have not like it. He does not like the Mol- search and seizure operations. committed crimes of violence, weapons In other words, the American people offenses, drug distributions, hate inari-Dole-Hatch provision. We do, but are really looking for a strong crime crimes, civil rights violations, and of- he does not. But we are not accusing bill with limits on endless appeals and fenses against personal property." him of writing it or even supporting it. in a good faith rule so that the policemen, Grants are discretionary with the At- To suggest that the gang grants law enforcement people, doing their job torney General this time. the Senate bill was written by Senator in good faith will not have the crimi- Police recruitment; $24 million is DOLE is pure bunk. Unfortunately, we nals and the evidence thrown out on given to the Attorney General to make have seen a lot of that around here. technicalities. discretionary grants to community or- I have some more to say, but I notice Here is my question. Are either of ganizations to "recruit and retain ap- that the distinguished Senator from those in this bill? plicants for police departments." Do California is ready to speak. So I will Mr. HATCH. Neither of them are in you not think police departments can be happy to relinquish the floor in just the bill. do their own recruiting without com- 1 minute. Mr. LOTT. Through all this exercise munity organizations doing it? I will say this: The gun issue is no over the past year, the two most criti- Ounce of prevention. This is a $91 longer an issue and anybody who says cal points probably in most people's million program. This program is es- it is just plain is not informed or does minds are not even in here. tablished to coordinate all of the not realize the negotiations involved. Mr. HATCH. That is right. I have to wasteful spending programs established Our side wants basic amendments to do state why. The reason is because we by this bill. Believe it or not, the coun- away with pork barrel spending in this passed a tough habeas corpus reform cil is given $91 million of its own grant bill and to strengthen and toughen the bill in the Senate, and the House money to hand out on a discretionary bill again with Senate amendments passed a soft one. When we got to con- basis for mentoring, tutoring, and that were overwhelmingly passed here. ference, of course, the liberal con- other programs involving participation That is what we want. We want that ference committee dominated all by by adult role models such as programs opportunity to get our Senate language Democrats just chose the soft provi- assisting with employability. We have back in and, as a matter of pride, we sion. Of course, that is one of the rea- dozens of those in existence. GAO has Senators ought to do that. sons why the last crime bill died. It said what we are doing for our young The gun issue, as far as I am con- was not the gun. It was for reasons like people is more than adequate under the cerned-and I believe as far as this side this that we killed it. The reason the current program. So we are going to is concerned-is one that we have lost. exclusionary rule did not pass is be- add money in here because it is a good We feel badly about it. We do not feel cause the House passed a good exclu- vehicle, it is going to go through. We good about it. We think it is wrong, sionary rule and we passed a weak one. may as well hide it in the crime bill and we can give plenty of reasons why When we got to conference the liberal and beat our breasts and say how great it is wrong. But it has been lost. conferees took the weak one, just like and compassionate we are in spending The real issues are two: Pork, which they took the weak habeas corpus re- all this taxpayer money to help people. this bill is filled with, and I have just form. And, of course, that is another It is to be for prevention and treatment been making some of those cases. And reason that last crime bill died. It was programs to reduce substance abuse, the tough-on-crime provisions that not the gun thing that caused it. It was child abuse, and abortion counseling as were stripped out by the liberal House this. well. conferees and, I might add, Senate con- So it was a conscious decision this That is what this bill does. There is a ferees as well, that were in the Senate time, that since the same Congress ex- lot more to be said. I would feel badly bill, the Biden-Hatch bill, which was a August 24, 1994 CONGRESSIONAL RECORD-SENATE 23919 considerably different bill than this there for the assault weapons legisla- land. it ended up being killed. I do not want one. I would have fought for it, and did tion." it to die this time. Without it. there are no fight for it, all the way through. But it If that is true, then I make a pro- prisons, no additional police officers on the was gone just like that once the liberal posal. There can be a unanimous con- streets, and no effective crime bill. conferees decided they were not going sent agreement, and we can bring the Now, suddenly, this very funding to do the really tough things about assault weapons up. The Republican mechanism that everybody voted for 95 crime, but they were going to still play minority can say: we will not make to 4, that these three distinguished this game that they are doing some- you file for cloture, and we will have Senators testified on behalf of, is being thing about crime with your money an up or down vote on assault weapons, met by cries of "throw it out, throw it that is not here, will not be here-not and the bill can go directly to the out." Now when the bill is almost 30 billion dollars' worth-at least $13 President for signature, if passed passed: "Throw it out. We do not like billion in deficit, even if you can get again-as I fully expect that it would it. Why do we not like it? Well, we do all that trust fund money. And I chal- be. I challenge them. I challenge them not like it because we do not think the lenge anybody to stand here on the to do that. money will be there." I have heard so many arguments that floor and say they know we will get it, Let us talk for the moment about especially when we are not doing very are disingenuous. Let me begin to take them on one by one. whether the money is going to be there much about other deficit problems. Let us talk for a moment about the or not. The work force reduction of I yield the floor. funding mechanism of this bill. I wish 252,000 Federal personnel has begun. It Mrs. FEINSTEIN addressed the I were doing campaign commercials: is already mandated by Federal law. Chair. flip-flop, flip-flop. That is what the mi- As a matter of fact, in a crime trust The PRESIDING OFFICER. The Sen- nority is doing on the issue of the fund analysis just produced by our very ator from California [Mrs. FEINSTEIN] crime bill trust fund. This has been own Budget Committee, it is clear that is recognized. said on the floor again, but still Sen- the revenues will be there. After just 5 Mrs. FEINSTEIN. Mr. President, I ators come back and contradict them- fiscal years of work force reduction have been listening to these remarks, selves. Let me quote Senator HATCH, savings, the crime bill will capture in and I must say my heart is breaking, November 4, 1993 on the floor of this the trust fund more than enough because I see a bill that is important to Senate: money-over $33 billion-to pay for all the American people being taken hos- He, Senator BYRD, was the one who came 6 years of the programs authorized by tage by a minority of this body. Hos- up with the funding mechanism. I just want this much maligned, and much needed, tage-taking is a Federal crime, and it to personally compliment him for it. plus the bill. I also note that those are net sav- will be a crime if we do not send the ability to put this together the way we are putting it together. ings, which take into account all bene- President a crime bill today. fits that will be paid to retiring or ter- Mr. President, I have just heard the Now today he is critical. Second item: Senator DOLE, the mi- minated workers. remarks from the distinguished rank- nority leader, November 19, 1993: This is not my estimate, this is the ing member of the Judiciary Commit- From day one. Republicans have insisted Budget Committee's estimate. It is not tee that "This is not about guns. We that any anti-crime bill we pass must be based on wishful thinking. It is based have lost that battle." Mr. President, I fully paid for. Security has a price, and it is on a mandatory law which is in place saw the list of 13 amendments the Re- a price we at least attempt to pay for by es- and which is already reducing the Fed- publicans want, and number 12 is-and tablishing a violent crime reduction trust eral payroll. I quote-"strike the assault weapons fund. In the months ahead we will see wheth- ban." It is to strike the assault weap- er we live up to the trust fund commitment. What is especially interesting about ons ban. Senator GRAMM, senior Senator from this is the crime bill will cost $30.2 bil- Why do people not tell the truth on Texas, May 19, 1994: lion over 6 years, but the trust fund in the floor of this Senate? Why do they First of all. it [Motion to Instruct] asks will accrue more than $33 billion not tell the truth so we can deal with our conferees to stay with the funding mech- just 5 years. Clearly, suggestions to the anism that Senator BYRD offered. I was a co- it? Why come forward when the Repub- contrary notwithstanding, the money sponsor of it. It was a broadly supported bi- will be there to pay the bills. licans are passing around a piece of partisan effort. So the first thing I want our paper with 13 amendments, and the conferees to do is stay with our funding Mr. President, I ask unanimous con- 12th amendment says "strike the as- mechanism. sent that this document entitled sault weapons ban," and then say-as The senior Senator from Texas was "Crime Trust Fund Comparison" be the ranking member of the Judiciary referring to the trust fund, and I quote printed in the RECORD at this point. Committee just said, "We have lost him again: There being no objection, the mate- that battle. We are not going to raise Every time we have gotten down to the rial was ordered to be printed in the that issue. We admit that the votes are goal line trying to make it the law of the RECORD, as follows: CRIMETRUST FUND COMPARISON [In billionsof dollars]

1994 1995 1996 1997 1998 1999 2000 Total

VCRTF(Senate): Budgetauthority ...... 0.720 2 423 4 267 6 313 8.545 ...... 22.268 Outlays ...... 0.209 1.027 2.493 4 330 6 373 ...... 14.432 CCF(President). Budgetauthority ...... 2.423 4 287 5.000 5 00 6.500 ...... 23 710 Outlays ...... 0 703 2.334 3.936 4.904 5.639 ...... 17.515 Conferenceproposal: Budgetauthority ...... 2423 4.287 5.000 5 500 5.500 6 500 30 210 Outlays...... 0.703 2.334 3.936 4 904 5 639 6 225 23.740 Savings: Budgetauthority ...... 3.113 4.287 6.327 8 394 11.027 NA 33 148 Outlays...... 3.007 4.233 6.234 8,491 10 917 NA 32.882 VCRTF:Violent Crime Reduction Trust Fund in the Senate-passedCrime Bill with CBOestimated outlay; CCF.CBO Estimate of CrimeControl Fund in the President'sBudget. Savings-Savings from the FederalWorkforce Reduction Act of 1994 (CBOEstimates).

Mrs. FEINSTEIN. Mr. President, I Before putting this issue aside let me lion. So what the Republicans would thank you very much. just note for the record that the Re- propose is $28 billion. What we are publican crime bill would cost $28 bil- talking about is $30.2 billion. Is that a

79.-05! 0-9!7 \'ul. 1.101(Pt. 17) 21 23920 CONGRESSIONAL RECORD-SENATE August 24, 1994 difference worth killing this crime bill by gang warriors. It is used by kids. It magazine and an easy trigger, he just over. is used by drive-by shooters. And, as no began to fire it very rapidly. A bill that has been through the Ju- Californian will ever forget, it was used He hit this Sergeant Rodriguez, a 32- diciary Committee of this Senate, has by a drifter named Patrick Purdy on a year veteran of the Houston Police De- been subject to amendment for days on Stockton schoolyard to kill 5 children partment, the first Hispanic-American end on the Senate floor, was approved and wound 29 others. ever in that police department. He hit in the Senate 95 to 4. A bill that was Some of us want to take AK-47's off him. He went down. He lay close to further honed in not one, but two, bi- the streets, and some of us-a majority death for 2 months. He then picked partisan House-Senate conference com- of the House and Senate, I might add- himself up with two bullets in his body mittees and ultimately approved by think that they ought to be banned. and insisted that he was well enough to the House with a 40-vote margin pro- Why will the NRA not address the come to Washington last week to de- vided by Republicans. I think and hope question directly? Why are they spend- liver a very simple message. He said not, Mr. President. ing thousands and thousands of dollars that the time has come to end this Let me turn now to another of the on TV ads to talk about pork? nonsense and to ban these weapons of truly disingenuous claims being made I will tell you why. Because the war. about this bill and the process that American people want the assault That is why the NRA is interested in produced it. Namely, say the minority, weapons ban. Mothers all across this this bill. That is why they are inter- "We were not sufficiently involved in Nation do not want to have to worry ested suddenly in pork. Does anybody the crime bill conference report." I say about their kids going to school and believe the National Rifle Association to that, nonsense. catching a bullet in the brain as stand- cares about anything other than the At the marathon conference my staff ing in their schoolyards. I am not being ban on assault weapons that Congress attended around the clock, there were dramatic, Mr. President, this happens has effectively approved four times, Republican senior staff present. There with regularity across this country. but must get through the Senate one were Democratic senior staff present. People do not want to be mowed down last time before the President can-and There were Republican legislators at work, like the workers in a printing this President will-sign it into law? I present. There were Democratic legis- plant in Kentucky where a deranged do not believe that anybody really lators present. Everybody with a role and disgruntled employee came in with thinks so. in the process, and the minority does one of these weapons and with 100 The NRA knows that these guns are have a legitimate role in that process, rounds in a magazine. cop killers, that every major police or- was present. We all saw, if we watched This is not an academic concern. Vio- ganization in the Nation has pushed C-SPAN over the weekend, how House lence is now the No. 1 killer of workers hard to get it into law for years. That Members came forward one after the on the job in my State of California, is why they need another rallying cry. other with 1-minute speeches to say Mr. President. That is why they transparently talk why they could support the conference Here is another reason for the NRA's pork, because they have nothing hon- report or why they could not support sudden interest in quality prevention est to say. it. So let us be very clear: everybody programs. Because, Mr. President, we You cannot go up against one of these with a claim to be at the table had a want to stop future production of the weapons with a .38 revolver. You cannot. seat and a role in hammering out this AR-15. Let me tell you about this You cannot go up to it with a magnum. You cannot meet this crime bill. weapon. It is a cop killer. Its bullets go weapon unless you have another The third utterly political and dis- through a bulletproof vest. They go assault weap- ingenuous argument made against this through a wall. They go through a car on. That is what is going on here. And, I must say, the minority is dis- bill, let us get down to it, is the pork door. They just killed a police officer ingenuous. It says that it is not now argument. Let me ask another ques- in Los Angeles that way. Her father trying to block passage of the assault tion. Last night I listened for 2 hours was a cop. She raised her kids, went weapons legislation. The minority as the chairman of the Judiciary Com- back to the Police Academy and grad- knows, like the NRA, Mr. President, mittee, the very distinguished Senator uated as "Most Inspirational New Offi- that it too has to pretend publicly even from Delaware, gave what in my view cer." Four days later she was dead. as, in private, it circulates an amend- was the best speech I have ever heard That is why we want the free flow of ment list that seeks to strip the as- on the floor of the U.S. Senate. He AR-15's to the streets stopped. sault weapons section from the crime spoke with passion, commitment, and The NRA also is involved with this bill conference report. There is reason knowledge of the law bill on behalf of this about what was weapon and the why the truth is not spoken truth and what was by them fiction in this bill. people who sell it-an M-10 semiauto- either. One of the questions he properly matic assault pistol. It is a copy of a There is a new CNN poll, conducted asked, and I thought about it when I MAC-10 machine pistol. It is sold with on the 17th of this month, went home and I turned just a week on C-SPAN a 32-round magazine, threaded barrel ago. Let us take a look. and I saw him once again, was "Why for flash suppressor, and is among the Do people want the crime bill? Yes, would the National Rifle Association- 10 firearms most often traced by Fed- 46 percent of them favor it; and only 29 the No. 1 gun lobby in this Nation, that eral agents each year. A version of this percent of them oppose it. has a stranglehold over many Members gun was used in a 1992 bank robbery in Now, what do they favor in the crime of both bodies-run a spot with Maryland in which four tellers were bill? Assault weapons ban: 71 percent of Charlton Heston that talks about pork taken hostage and two died. Eleven the people of America favor it; 26 per- when we know what they are interested people in Atlanta were convicted of cent oppose it. Community notification in is the assault weapons ban, when we gun trafficking after shipping nearly of sex offenders-89 percent favor it; know what they are interested in is al- 1,000 of these guns to New York over 2 just 8 percent oppose it. "Three strikes lowing weapons like this, an AK-47, to years. and you're out," on the ballot in Cali- be sold on the streets of our cities?" Let me tell you about a sergeant in fornia, is in this bill: 74 percent of the This is a gun, Mr. President, which the Houston Police Department, people favor it; 21 percent oppose it. comes standard with a 30-shot maga- George Rodriguez, who also knows this Providing dollars to hire more police: zine, but can accept magazines-includ- gun all too well. He made a routine 79 percent support it; 18 percent oppose ing 100-round clips-that was originally traffic stop and walked up behind the it. designed and made for troops of the So- car. The driver of the car had one of The most maligned program of all, viet Union. It is the most widely used these weapons. He cracked open the midnight basketball: 65 percent of the semiautomatic rifle in the world. Up to door and, without even turning around people support it; 31 percent oppose it. 50 million of them exist. Now, however, or aiming, he pointed the weapon like These provisions are supported. it is wielded not just by soldiers, but this and, because it has a 32-round These provisions are supported. The August 24, 1994 CONGRESSIONAL RECORD-SENATE 23921 American people want this bill, and yet taking place. A law has been passed. of condition of supervised release. So this bill is being held hostage by a Re- They must take place. What the Budg- we have toughened provisions after re- publican minority in the most dis- et Committee found is, including pay- lease from a Federal penitentiary. ingenuous way. ing departing employees benefits, that Revocation of probation mandates Mrs. BOXER. Will my colleague yield in 5 years, this will produce $33 billion revocation of probation for possession for a question? in 5 years, which is $3 billion more of drugs and firearms. Lying on a gun Mrs. FEINSTEIN. Of course; I am de- than the crime bill requires over 6 application increases the penalty for lighted to yield. years. So the money will be there at lying from 5 to 10 years. Felons pos- Mrs. BOXER. I am so proud of the the end of 5 years, according to the sessing explosives, prohibits felons and senior Senator from California for the Budget Committee's analysis. drug addicts from possessing explo- work that she has put into this bill and Mrs. BOXER. If I might, Mr. Presi- sives; explosives destruction, prohibi- for her tenacity in working against all dent, just say to my friend, I appre- tion against transactions involving odds to make sure that weapons of war ciate her bringing fiscal responsibility stolen firearms or stolen guns, up 10 are no longer going to be on the streets to the floor of this Senate. years. of our cities and counties throughout All of these arguments we are hear- It goes on with these: Using firearms America if-if-we can get a vote on ing are a subterfuge. They are make in commission of a felony, up; firearm this bill. believe; make believe. The real reasons possession by a violent felon, up; re- But the question I had for my col- the Republicans do not want this bill- ceipt of firearms by nonresidents, up; league: She and I were here, and I was I think there are two-they want to firearms or explosive conspiracies, up; sitting in the Chair, when the distin- hurt this President. A couple of them stealing guns or explosives, up; dispos- guished Senator from Utah [Mr. are already practically announced for ing of explosives to prohibited person, HATCH], who is the ranking member on President. I hope the people of America up; interstate gun trafficking, up: the Judiciary Committee, attacked the will call those Senators-the minority drive-by shooting-something that con- trust fund. I have not seen him get so leader and the Senator from Texas, Mr. cerns every resident of every big city upset in a while. He said this is ter- GRAMM-on the phone and leave word: in this Nation-up to 25 years for rible; the money is not going to be "Don't block this bill for your own po- shooting into a group of two or more to there; this is awful. litical ambition." That is not what we further an escape from a major Federal I remember, when this bill was ini- are supposed to be about. drug offense. tially debated and the idea of a trust I ask unanimous consent that the Adult prosecution of juvenile offend- fund came up, I recall that Senator words of Senator HATCH from Novem- ers-very interesting. Many people are HATCH was very supportive of it. So I ber 18-and I have this page of the concerned about juvenile crime, under- asked for the RECORD. I would like to RECORD-be printed in the RECORD at standably so. As you know, we have ask my colleague if she remembers this time so that the American people worked on legislation together, Mr. this. can see, when our colleagues get up and President, with respect to guns in The Senator from Utah, who now blast this trust fund, that a few short schools. Many people are very con- wants to launch a point of order months ago they praised it like it was cerned that young people, 16 years old, against this bill because of the trust the new solution to the problems of the who go out and kill and rape and fund, that same Senator said in No- world. maim, be treated as adults. This bill vember: Mrs. FEINSTEIN. I thank the Sen- makes possible the prosecution of cer- I have to say we now have a trust fund, at ator very much for that helpful addi- tain hardcore juvenile offenders as least in the Senate bill, that I am going to tion. adults. fight with every fiber in my being to keep. Now, let me dispel another myth pro- Let me talk about some drug pen- So the Senator from Utah, who now mulgated by the minority: That this alties. We have heard this bill is soft on wants to bring down this bill because crime bill is soft on crime. Not so. Not drugs. Using kids to sell drugs, up to a of the trust fund, which he says now is so. Here is the truth. Not my impres- threefold penalty increase for using not a good idea, said he would fight sions of the bill, or "spin," but a list of youngsters to sell drugs in drug-free with every fiber in his being to keep it. what is, in fact, in it: zones; drug dealing in public housing, And further, he says, "If we can hold Death penalties-and many Members up; drug dealing in drug-free zones, up; on to it,"-meaning the trust fund- of this body are opposed to the death drug use in Federal prisons, up; smug- "and we intend to, we are going to penalty. I happen to favor it, but many gling drugs into prison, up; drug traf- have a bill that will make a tremen- Members are opposed. There are pres- ficking in prisons, up; selling drugs at dous dent in crime in this society, and ently two Federal death penalty a truck stop, up. it could not without the funding mech- crimes. This bill would take it up to 60 Let me go into some other penalties. anism of the distinguished Senator death penalty crimes. Three strikes and you're out-three from West Virginia," meaning Senator In addition to that, this bill would convictions of serious violent felony or BYRD, who thought of the idea of the strengthen sentences on over 70 crimes. serious drug abuse in this bill and you trust fund. I am going to go through those crimes go to prison for life. So I say to my colleague-she used because it is important that people un- Criminal street gangs, an additional the word disingenuous-is this not out- derstand. 10-year penalty for a gang member who rageous that the very people who Semiautomatic weapons, section 401, commits a Federal drug crime or crime praised this trust fund, indeed said enhances penalties for using or carry- of violence and has a previous convic- they would fight with every fiber of ing weapons during Federal crimes of tion. Again, using kids to commit their being to save it, are now going to violence or drug trafficking crimes. crimes enhances penalties for all launch a point of order against the bill Second offense for using or carrying crimes where defendant used a juvenile because we have a trust fund? explosives; enhances penalty for second or encouraged a juvenile to commit a I ask that question of my friend. conviction for using or carrying an ex- crime. Mrs. FEINSTEIN. I say to the Sen- plosive to commit any Federal felony. Repeat sexual assault offenders, dou- ator, she is absolutely right. Regarding guns, the list of increased bles the maximum penalty for repeat And, even more than that, she was penalties goes on: Smuggling firearms, sexual assault offenders. The first of- not on the floor-and I am very pleased sentence is up; theft of guns and explo- fense can be Federal or State. That is she is here now-but her very own com- sives, sentence is up; revocation of su- a major, major change. mittee, the Budget Committee, has pervised release, mandates revocation Aggravated sexual abuse, Federal just done an analysis. As you well of a supervised release and institution penalties; direct sentencing commis- know, the mandatory personnel reduc- of a prison term for a defendant who sion to review and recommend en- tions in the Federal work force are now possesses drugs or firearms in violation hanced penalties for aggravated sexual 23922 CONGRESSIONAL RECORD-SENATE August 24, 1994 abuse; interstate travel to commit by a State-by a State, this is interest- billion-into prevention programs that spousal abuse, a new Federal offense is ing-for drunk driving on Federal lands work. In fact, many of the programs created. Sex offenses against victims if a child is in the vehicle up to 1 extra were sponsored and supported by my under the age of 16, broadens the defi- year; up to 5 extra years if the minor is Republican colleagues who know-but nition of a sex offense as the inten- seriously injured; up to 10 extra years may have forgotten-that prevention tional touching through clothing with if the child is killed. and pork are two different matters. intent to abuse, humiliate or harass. It International child pornography, pro- Is the Violence Against Women Act makes it much stronger. Assaults vides up to 10 years in prison for engag- pork? It accounts for 23 percent of all against children, increases the penalty ing or conspiring to engage in sexually the prevention money in this con- for simple assaults against a youth explicit conduct with minors outside ference report. under 16, creates a new penalty for as- the United States. Are drug courts that will assure test- saults against youth under 16 resulting It changes the good time, the time ing and supervision of first-time, non- in substantial bodily injury. accorded to a prisoner who serves time violent drug users to unclog our courts Hate crimes, something I put in the without a disciplinary offense and it and jail violators who would otherwise bill in the Senate. If you commit a fel- strengthens the provision and limits it. walk pork? The $1 billion in the bill for ony against another and prosecutors Trafficking in counterfeit goods-and those courts accounts for another 14 can show beyond a reasonable doubt so on. percent of all prevention money in this that the victim of the felony was cho- Mr. President, I ask unanimous con- bill. sen because of their race, religion, dis- sent this entire list be printed in the Is the Local Partnership Act, which ability, gender, or sexual orientation, RECORD at the appropriate place, as a will give mayors and county super- the Federal sentencing guidelines are demonstration of how this crime bill visors and other local officials the abil- upped by one-third in this bill. actually strengthens Federal penalties. ity to target money to programs that The bill also includes Federal pros- The PRESIDING OFFICER. Without work in their communities-proven ecution of 13-year-olds as adults in objection, it is so ordered. programs-pork? I know from my days some instances. Assault-it increases (See exhibit 1.) as mayor of San Francisco that it is the penalties for assault of a Federal Mrs. FEINSTEIN. Mr. President, not and the Local Partnership Act officer, of a foreign official, of U.S. what is important about this-because funding here accounts for another 23 maritime and, within territorial juris- this is not State law-is that it ways percent of all prevention money in this dictions, Congress, Cabinet, Supreme implicitly to the States, here are report. Court, et cetera. Manslaughter, in- tougher penalties that are producing in Taken together, just these three line creases the penalty for involuntary the Federal Government which you items in the report account for 60 per- manslaughter on Federal territory might use as a model for increasing cent of all prevention money in the from 3 to 6 years-doubles it. them in State law. The conference re- bill. In addition to citing these impor- Conspiracy to commit murder for port also: Has 60 death penalties; al- tant statistics, let me relate this dis- hire. It broadens the murder-for-hire lows juvenile killers and rapists to be cussion of prevention to my own per- statute to include conspiracy to travel tried and sentenced as adults; funds sonal experience. interstate to commit murder for hire. 120,000 prison cells; includes a 3-strikes- I was mayor of San Francisco for 9 Remember, this is a Federal bill so it is and-you're-out provision; funds 100,000 years, was a county supervisor for 9 those things in the Federal domain. cops everywhere in America; ups pen- years, that is 18 years in local govern- Then a whole series of civil rights alties for more than 70 violent crimes; ment. I will never forget one day as penalty enhancements are included: and puts a quarter billion dollars into mayor walking through the western Conspiracy against rights, deprivation new prosecutors, and U.S. attorneys. addition and a woman rushed to me of rights, federally protected activities, Is that soft? Are those prison cells and said, "Mayor, would you please put religious property, free exercise of reli- upholstered? Will those cops have cap on a curfew?" gion protected, fair housing broadened, pistols instead of real sidearms? Is the And I said, "Why do you want a cur- arson-something I know well, in an death penalty for carjacking, which I few?" arson-subject city-increasing the pen- added to the bill, too lenient? And she said, "Because I cannot get alties for damage or destruction of So, Mr. President, I say to my Repub- my child to come home at night." property by fire or explosives. lican colleagues, the conference report And I said, "How old is that child?" Crimes against the elderly. There is before the Senate is not soft on crime, And then she just stunned me, she no excuse to steal an elderly person's as they insinuate. said, "Ten years old." purse, smash her head against the con- Finally, Mr. President, I want to go And I thought, my goodness, if some- crete and crack open her skull-an ac- to another subject and that is the sub- body cannot control their 10 year old, tual case of which I am aware. No ex- stance-such as it is-of the so-called what will happen when that child is 15? cuse, nothing, justifies that kind of be- pork point raised by the minority. 16? 17? 18? havior. This directs the sentencing Forty Republicans say that this bill And then I tried as mayor to start commission to ensure increasingly se- is full of pork. Well, that's baloney. my own program with youngsters who vere punishment for physical harm im- What the bill has in appropriate pro- either had worse than a 60-percent tru- posed on elderly victims. It requires portion is tough law enforcement, pris- ancy rate from school or were sus- enhanced penalties for the second of- on and prevention-not pork programs. pended or expelled for disciplinary rea- fense. Programs that work: sons, to get the toughest kids I pos- Terrorism penalties, a whole series of The conference report before the Sen- sibly could and work with them. For increased terrorism penalties. I will ate today spends 45 percent-$13.45 bil- several years, I tried to work with not go into them in detail, but they are lion-of the money in the bill-all of it them. I was a mentor to one of them. in the bill. real, by the way-on State and local That youngster had two family mem- Alien smuggling, counterfeiting, law enforcement assistance; bers shot in drug-related disputes and weapons of mass destruction, airport The report before the Senate today lived in the projects. I traveled regu- violence, document forgery, maritime puts 32 percent-S9.7 billion-into pris- larly through streets inundated with violence, white collar penalties, mail on construction. Half of that money is drugs. I saw kids hanging out on the fraud, extortion, kidnaping, receiving tied to the requirement that, over the corners with nothing to do. proceeds of a postal robbery, credit next few years, State prisons assure I learned some things in those 18 card fraud, insurance fraud, computer that criminals serve at least 85 percent years. I found that prevention does crimes, theft of major artworks, scams, of their sentences-the Federal aver- work. I found that most police want et cetera-all strengthened. age; prevention programs. That is why in Drunk driving with kids-strength- The report before the Senate today my city there is a police fishing pro- ened. It enhances the penalties imposed puts the balance, just 23 percent-S7.054 gram and police take kids fishing, talk August 24, 1994 CONGRESSIONAL RECORD-SENATE 23923 to them, get to know them, try to wanted that money, I had to produce EXHIBIT 1 straighten them out. That is why we local money to match it. That is not NON-DEATH PENALTIES IN CONFERENCE have what is called a PAL, a Police unheard of, not unreasonable. REPORT Athletic League, where police them- Second, the suggestion has been GUN PENALTIES selves get children together and play made that local jurisdictions will not Semiautomatic Weapons (§401) Enhances games. be interested in matching funds. Well, penalties for using, carrying semiautomatic I went out myself and read stories to that certainly was not the Justice De- weapon during federal crime of violence or youngsters who had never heard a fairy partment's experience this year with drug trafficking crime. tale, youngsters who lived in San Fran- $150 million in police supplemental hir- Second Offense for Using or Carrying Ex- cisco who never saw the Golden Gate ing grants awarded. These grants, plosives (§402) Enhances penalties for second Bridge, who never saw a tree, who did which were awarded according to the conviction for using or carrying an explosive not know different colors of green, same matching requirements as the to commit any federal felony (current en- hancement-10 years). youngsters who did not have a bed or a community policing money in the con- Smuggling Firearms (§403) Increases pen- home in which to sleep. This is all true, ference report before us, were amaz- alty for smuggling a firearm into U.S. to vio- Mr. President. ingly popular. Fact: There were 10 late a federal or state drug trafficking law or I worked with girls: pregnant, 14 times the number of applications for to commit a crime of violence-up to 10 years old. One million of our 14-year- supplemental police grants by local years. olds become pregnant every year in communities for last year than there Theft of Guns and Explosives (§404) Pro- this country and give birth to single were dollars to make available. vides up to 10 year penalty for stealing a mothers-a child begets a child that Everywhere I go in California, may- firearm or explosive which has moved in she cannot take care of. That is why ors and chiefs of police have said to me, interstate commerce. prevention is important. "I wish I could have gotten some Revocation of Supervised Release (1405) of Mandates revocation of supervised release That is why working with children is those moneys, we would have found our and institution of prison term for defendant important. That is why mentoring is local match for those funds." who possesses drugs or firearm in violation important. And I respectfully submit I respectfully submit to those who of condition of supervised release. to you that is why Republicans, as well are holding this bill hostage that local Revocation of Probation (§406) Mandates as Democrats, propose crime preven- jurisdictions will use these dollars; revocation of probation for possession of tion programs. Why is it, though, that that they will fund these police offi- drugs. firearms. when a Democrat proposes a crime pre- cers; that it will increase response time Lying on a Gun Application (§407) In- vention program it is pork, and when a to those "A-priority" calls where it creases penalty for lying on a gun applica- Republican proposes a crime preven- makes a difference sometimes between tion from 5 to 10 years. Felons Possessing Explosives (§408) Pro- tion program, well, it is real crime pre- life and death, often between convic- hibits felons, drug addicts from possessing vention? tion and acquittal. explosives. Project safe works; neighborhood Mr. President, youngsters are dying Explosives Destruction (§409) Authorizes watch works. They develop a sense of across this Nation. People are dying in the summary destruction of explosives sub- one neighbor looking out for another their workplace. They are dying when ject to forfeiture where the explosives can- neighbor. They develop a sense of com- they go to the automatic teller to de- not be safely removed and stored. munity, and they develop a coordi- posit a check. They are walking down Prohibition Against Transactions Involv- nated sense of goals among members of the streets of some of our proudest ing Stolen Firearms or Stolen Guns (§411) that community to protect each other. cities looking over their shoulder at Prohibits possession, receipt, sale of stolen I have seen it work. I know it reduces firearm, ammunition that has moved in who is behind them. interstate commerce-up to 10 years. crime, just as I know cops on the beat, Do you do it, Mr. President? I do it Using Firearm in Commission of Forgery community policing, work. And that is on occasion. I do it. I do it when I do (§412) Enhances penalties for using or carry- why this bill is so important. not see a police car or a police officer ing a firearm in commission of felony coun- Some of these kids that I worked and I know I am in a troubled area. I terfeiting or forgery. with I could not change. Others have will walk down the center of that side- Firearms Possession by a Violent Felon gotten out of the projects, gotten walk and I am alert. I know who is be- (§413) Enhances penalties (depending on through school, they are able to work, hind me and who is to the side of me number of prior convictions) for gun posses- they have gotten a job because there all of the time. We should not have to sion by defendant previously convicted of a was a lifeline, somebody who cared, a live this way in the freest Nation on violent federal felony or serious drug offense. Receipt of Firearms by Nonresidents (§414) program that cared in a life where all Earth. Prohibits non-license from receiving firearm they eat is fast food, have no adult su- This is the largest crime bill in the if not a resident of any state unless for law- pervision, they have no bed, many of history of our Nation. It has been dis- ful sporting purposes. them, at night, and are shuttled from cussed and rediscussed. I must say to Firearms or Explosives Conspiracy (§415) place to place. They can go someplace the minority, please, the time has Enhances penalties for conspiracies to vio- where somebody cares, is willing to come, let us pass this bill. And if, in late federal firearms. explosive laws. help them turn around their lives. That fact, the unwritten agenda is not really Stealing Guns or Explosives from a Li- is what prevention is all about. your 12th point to strike the ban on as- censee (§417) Provides up to 10 years for theft I have been a mayor. I have used Fed- weapons, agree to a unanimous of firearm or explosive from a licensee or sault permittee. eral moneys. I remember revenue shar- consent resolution. Let us vote-50 Disposing of Explosives to Prohibited Per- ing, block grants. I used them. I put $5 votes or more-on assault weapons. Let son (§418) Prohibits any person from trans- million in the police department, put us send it to the President, let us get it ferring explosives to felon or other prohib- $5 million in the fire department. Yes, signed, and let us take it out of this ited person (current law forbids transfer by it helped me balance a budget. It made picture. Otherwise, I must believe that licensees)-up to 10 years. our city safer. It hired new police offi- part of the minority's agenda is to stop Interstate Gun Trafficking (§520) Increases cers. the United States of America from ban- penalty for interstate gun trafficking-up to Two small additional points. First, I ning assault weapons. 10 years. have heard on the floor earlier today Mr. President, I believe very deeply Drive by Shooting (§208) Up to 25 years for shooting into group of 2 or more to further that, "Well, this does not fully fund that the time for passage of this bill or escape from major federal drug offense. 100,000 police officers." As mayor of has come, the most important piece of Adult Prosecution of Juvenile Offenders San Francisco, I was under court order legislation of this session. If we can (§614) Expand category of federal offenses for to develop a new wastewater system just vote on it. it will pass overwhelm- which juveniles may be prosecuted as adults for the city which cost about a $1.5 bil- ingly. I ask for that up-or-down vote. to include receiving a gun with the intent to lion and was not 100 percent funded by Thank you. commit a felony: traveling interstate to get the Federal Government either. If I I yield the floor. a gun with intent to commit violence, drug 23924 CONGRESSIONAL RECORD-SENATE August 24, 1994 trafficking crime: transferring a gun know- gun: robbery, bank robbery, aggravated sex- (e.g. forcible seizure, property destruction, ing that it will be used in a crime.' Directs ual abuse, sexual abuse. (House) injury to person). court to consider extent to which juvenile Assault (§2901) Increase penalties for as- Violence against Fixed Platforms (§701) Up played leadership role in an organization, or sault of: federal officer, foreign officials, offi- to 20 years for violent acts against fixed otherwise influenced others to take part in cial guests, within U.S. maritime and terri- maritime platforms. criminal activities in deciding whether to torial jurisdiction. Congress, Cabinet or Su- WHITE COLLAR PENALTIES transfer to adult status. preme Court, and President and President's Mail Fraud (§2103) Broadens the mail fraud DRUG PENALTIES staff. statute to include use of private interstate Manslaughter (§2902) Increases penalty for Using Kids to Sell Drugs (§615) Up to three- carriers to commit fraud. involuntary manslaughter on federal terri- fold penalty increase for using kids to sell Receiving Proceeds of Extortion or Kidnap- tory from 3 to 6 years. drugs in "drug free" zones. ping (§2941) Provides up to 3 years for the Conspiracy to Commit Murder for Hire Drug Dealing in Public Housing (§616. knowing receipt of extortion proceeds; up to (§2905) Broadens the murder-for-hire statute §1503) Increases penalties for dealing drugs 10 years for the transport or receipt of ran- to include conspiracy to travel interstate near public housing. to som. commit murder-for-hire. Receiving Proceeds Drug Dealing in Drug-Free Zones (§1505) of Postal Robbery Addition of "Attempt" Offenses to Federal Enhances penalties for dealing drugs in a (§2942) Provides up to 10 years for the know- Robbery, Burglary, Kidnapping, ing receipt drug-free zone. Smuggling, of postal robbery proceeds. and Malicious Mischief Statutes Credit Card Fraud (§2102) Makes it an of- Drug Use in Federal Prison (§1506) En- (§2969) Civil Rights Violations (§2903): fense to: use with intent to defraud another hances penalty for simple drug possession in Conspiracy against rights. Broadens crimi- person's credit card; solicit a person to offer federal prison or detention facility. nal civil rights conspiracy statute to punish credit card or sell information regarding the Smuggling Drugs into Prison (§1506) En- kidnapping, aggravated sexual abuse and at- same: show without permission a person's hances penalty for smuggling drugs into fed- tempted murder in connection with civil transaction records. eral prison or detention facility. rights deprivation-up to 10 years. Insurance Fraud (§2101) Creates a new of- Drug Trafficking in Prisons (§1501) Man- Official deprivation of rights. Broadens fense of insurance fraud, including false dates that sentence imposed for providing or criminal civil rights statute to punish use or statements, embezzlement, and obstruction, possessing drugs in prison be served consecu- attempted use of dangerous weapon, explo- with maximum penalty of 15 years. tively to any other drug sentence imposed. sives or fire in official rights deprivation-up Computer Crime (§2601) Strengthens fed- Selling Drugs at a Truck Stop (§1411) En- to 10 years. eral laws in relation to hackers; prohibits hances penalties for drug-dealing near truck Federally protected activities. Broadens transmission of programs to cause damage stops and rest areas. criminal civil rights statute to punish use or to, or to deny the use of. a computer or sys- Cocaine Penalty Study (§3092) Requires attempted use of dangerous weapon, explo- tem; provides a civil remedy. Sentencing Commission to submit a report sives or fire in deprivation of federally pro- Theft of Major Art Work (§2966) Prohibits on sentencing disparities regarding crack and penalizes the theft or procurement tected activities, such as voting, serving as by and cocaine. (House) juror, or joining labor organization-up fraud of any object of cultural heritage held to 10 in a museum. OTHER PENALTIES FOR VIOLENT OFFENDERS years. Scams (§3901) Enhances penalties for tele- Three time Loser (§501) Life imprisonment Religious property/free exercise. Broadens marketing and other fraud targeted at senior for 3 convictions of serious violent felony or statute to punish use or threatened use of citizens. serious drug offense. (House) dangerous weapon in defacing religious prop- Animal Pests (§5105) Makes it a federal of- Criminal Street Gangs Additional 10 year erty or obstructing free exercise of religious fense to mail non-indigenous species. penalty for gang member who commits fed- beliefs-up to 10 years. Interstate Wagering (§5109) Makes it a fed- eral drug crime or crime of violence who has Fair Housing. Broadens Fair Housing Act eral violation to transmit in interstate com- previous conviction (state or federal). to punish use or threatened use of dangerous merce information for the purpose of procur- Using Kids to Commit Crimes (§5130) En- weapons or explosives or fire. ing a lottery ticket. hances penalties for all crimes where defend- Arson (§2907) Increases penalties for dam- MISCELLANEOUS PENALTIES ant used a juvenile or encouraged a juvenile age or destruction of property by fire or ex- to commit a crime. plosives. Drunk Driving with Kids (§1602) Enhances penalties imposed Repeat Sexual Assault Offenders (§3211) Extension of Civil Rights Statute (§2911) by state for drunk driving on federal lands if child is in vehicle--up to Doubles maximum penalty for repeat sexual Extends protection of civil rights statutes to 1 extra year; up to 5 extra years if assault offenders (first offense include all persons (now limited to state "in- minor is can be federal seriously habitants"). injured; up to 10 extra years if or state). (VAWA) child is killed. Crimes Against Elderly (§2002) Directs Sen- Aggravated Sexual Abuse: Federal Pen- International Child Pornography (§824) alties (§3212) tencing Commission to ensure increasingly Directs Sentencing Commission Provides up to 10 years in prison for engag- severe punishment to review and recommend enhanced penalties for physical harm im- ing or conspiring to engage in sexually ex- for posed on elderly victim; requires enhanced aggravated sexual abuse. (VAWA) plicit conduct with minors outside the U.S. Interstate Travel to Commit Spousal penalties for violent second offenders. Crediting of Good Time (§5101) Amends 18 Abuse (§3321) Creates new federal offense to TERRORISM PENALTIES USC §3624 regarding release of prisoners to travel interstate or to cause someone else to Failure to Depart (§5005) Increases pen- change the requirements for violent crimi- travel interstate to intimate, harass, or in- alties for failing to depart or reentering the nals (serving sentences of more than one jure. (VAWA) U.S. after an order to deportation, to a maxi- year and less than life) to receive good time Sex Offenses Against Victims Under Age of mum of 20 years. credit. Such offenders may receive credit of 16 (§3702) Broadens definition of sex offense Alien Smuggling (§215) Increases penalties up to 54 days for each year served after the as the intentional touching through clothing for alien smuggling for profit. first year of the prisoner's sentence if the with intent to abuse, humiliate, harass. Counterfeiting U.S. Currency Abroad (§721) Bureau of Prisons determines that the pris- Assaults Against Children (§301) Increases Extends counterfeiting laws to acts commit- oner has displayed exemplary compliance penalty for simple assaults against a youth ted overseas. with disciplinary regulations. under 16; creates new penalty for assaults Terrorist Felonies (§724) Enhances pen- Trafficking in Counterfeit Goods (§2904) In- against youth under 16 resulting in substan- alties for any felony involving international creases penalty for trafficking in counterfeit tial bodily injury. (House) terrorism. goods or services from 5 to 10 years: in- Hate Crimes (§2409) Directs Sentencing Weapons of Mass Destruction (§711) Out- creases penalty for second offenders from 15 Commission to enhance sentences at least 3 laws use of weapons of mass destruction years to 20 years. Military Medals and Decorations (§3056) levels for persons convicted of hate crimes. against U.S., Americans overseas-up to life; Amends Travel Act (§2906) (also see §617) Increases death penalty if death results. 18 USC §704 to provide a maximum penalty for interstate travel to commit vio- International Airport Violence (§719) In- punishment of one year for the unauthorized wearing, manufacturing or selling of a Con- lent crime in furtherance of drug trafficking creases penalties for acts of violence or de- gressional Medal of Honor (current punish- from 5 to 20 years. struction at international airports-up to 20 ment Federal Prosecution of 13-Year Olds as years. is up to 6 months); broadens the mean- ing of the term "sells" Adults (§1101) Discretionary transfer for 13- Document Forgery (§712, §5124) Enhances as applied to Congres- sional Medals of Honor to include year olds who commit assault (with intent to penalties for various offenses involving false t.rades. barters, or exchanges for value. (House) commit murder or felony, with dangerous documents for immigration purposes to 10 weapon) murder, attempted murder and with years; 15 years if used for drug trafficking; 20 Mr. DODD addressed the Chair. years if used for international terrorism. The PRESIDING OFFICER (Ms. SSenate bill also included drug possession as Maritime Violence (§701) Up to 20 years for MOSELEY-BRAUN). The Chair recognizes transferable crime-mark deletes. violent acts against maritime navigation the Senator from Connecticut. August 24, 1994 CONGRESSIONAL RECORD-SENATE 23925 Mr. DODD. Madam President, first of So I commend her for her efforts, and that was perfect in every regard or all, before she leaves the floor, let me I am very hopeful, as is she, that before that did not include some extraneous commend our colleague from California very long, hopefully in the next several material from time to time. One can for the eloquence of her remarks. More days, we will have an opportunity to make a case that we ought not to have than anyone in this Congress, the dis- vote on this issue and that we will be any such matter in any bill that comes tinguished Senator from California able to pass this crime bill, including before us, but each and every one of us [Mrs. FEINSTEIN], has been the leader the ban on these assault weapons. at one time or another has been guilty on the assault weapons issue. When that occurs, the American pub- of including extraneous matter in a bill Over the years, others have tried val- lic, and particularly the people of Cali- that we have asked our colleagues to iantly to deal with the issue of guns. fornia, will owe a deep debt of grati- support. And so I do not think we col- As a child growing up, I recall in 1959 tude to their Senator. lectively advance or enhance our own when my father was a freshman Mem- So I commend the Senator for her ef- reputations by engaging in a debate ber of this body offering the first gun forts. that has little or nothing to do with control legislation. I think he got three Mrs. FEINSTEIN. I thank the Sen- how most people feel in this country votes. In those days, he was trying to ator. which is that we should try to get ban the mail order of weapons. Mr. DODD. Madam President, I want something done. Some who are old enough may re- to take a couple minutes, if I may, in So my hope is in these next few days member that in the back of Argosy this debate just to try to maybe lower we can come to a vote on this issue. We Field and Stream magazine you could the temperature a bit here. I am very have had a lot of debates and com- literally send away in the mail and get hopeful we are going to get to a vote on promises and conferences, bazookas and rocket launchers and all and I think this issue. But I would just observe, we probably glaze over the eyes of most sorts of surplus weaponry delivered to Madam President, that the shrillness of our constituents when we engage in you. of this debate is not helping anyone in In fact, the weapon that was used by that kind of rhetoric. this body. I do not think that the im- Again, I would Lee Harvey Oswald in the tragic assas- say to my Republican pression of this body is necessarily colleagues-and I see sination of President Kennedy, the the distinguished being advanced by the finger pointing minority Mannlicher-Carcano rifle, was acquired leader has come to the floor- that is going on. I do not think people from a mail order house in Chicago. that some of the best aspects of this By 1968, after the tragic assassina- really care or understand the minutia crime bill originated on the other side tions of President Kennedy, Martin Lu- of some of these debates on points of of the aisle, and I think those col- ther King, Jr., and Robert Kennedy, my order and procedures and details, mo- leagues take great pride in the author- father's legislation became law and we tions of one kind or another. ship of these ideas. They were able to ban the mail order of would like us to do the right My experience is, Madam President, thing. weapons in this country. We then had I think they believe that there is you do not get anything done in this legislation dealing with the Safe a legitimate problem in the streets of Chamber, in this body, unless it is done Streets Act, but it was a laborious our country, not just in urban America in a bipartisan way. I do know from fight. but in suburban and rural America, time to time we would like it to be oth- My father has been deceased now for that there is a significant problem with erwise, but in every piece of major leg- almost 25 years, but were he alive crime. They have identified that for us. islation that I have been associated today he would be very, very proud of I think regardless of where one lives or with I have had a major Republican co- the Senator from California. what State one represents that mes- sponsor. Mrs. FEINSTEIN. I thank the Sen- sage comes through loud and clear. When it was child care, my major co- ator. I am hopeful that in the next day or sponsor was Senator HATCH of Utah, Mr. DODD. I might point out, Madam so we can vote on this package that and I never would have passed that bill President, Connecticut is the single has been the subject of debate now for without his involvement and his par- largest gun-producing State in the almost the entire 2 years of this Con- ticipation. On family and medical United States. So the issue of guns in gress. A lot of work has gone into this leave, had it not been for KIT BOND of Connecticut has not just been an issue bill. It is not merely the product of Missouri and DAN COATS of Indiana and of law and order. It has been a jobs people who sit on this particular side of people like JOHN CHAFEE and others, we issue. Colt Manufacturing goes back as the Chamber who have the label of never ever would have passed family a historic supplier of weapons for this Democrat associated with their name. and medical leave legislation. I think country's military and we are very Much of what is in this bill, much of it is probably true, if people were to go proud of that tradition as well as those what is good that is in this bill, sprang back and look at some of the major is- of other manufacturers in our State. from the ideas and thoughts of our col- sues before this Congress, particularly So when my father took on the issue leagues on the other side of the aisle, before this body, the Senate, that in of guns more than 30 years ago it was those who wear the label Republican. order to get something done you have a lonely battle to try and inject some I do not believe we are necessarily to work together. That is how it hap- sanity into a process where literally endearing ourselves to our constituents pens around here. The rules in effect children could apply or send away for a who do not think of themselves first almost require it because of how we are weapon in the mail and receive it. and foremost as Democrats or Repub- organized and how we are set up to And I wanted just to express my grat- licans or independents or whatever function. itude to the Senator from California other political party or association So again I just want to take a mo- for her untiring determination that we with which they may identify. They ment, Madam President, to try to try and deal with the assault weapons think of themselves first and foremost bring us back to a sense of getting issue. All this really does is try and as Americans, and they see this as a something done. Now, points of order take off the streets weapons that have problem they would like to have us do will be raised, whatever. I think we no value or purpose for a hunter or a something about. probably should have them raised, let sportsman. I think the chairman of the Judiciary people express their views on various A collector can make a case, I under- Committee, Senator BIDEN, Senator issues-as has happened over the past stand that, but the argument that HATCH, and many others who have been couple days-and then move on. I think somehow these weapons have value for involved have put together a good bill. the bill would pass if we had an up-or- those who engage in the legitimate It has its flaws. It has its short- down vote. sport of hunting just has no place, nor comings. The bill is changed, no question do I think anyone accepts or even buys But in my 14 years as a Member of about it. The conference report added the notion that they have value in that this body, Madam President, I have yet money. Again, change in conference is regard. to see a bill that satisfied everyone or not a unique experience around here. If 23926 CONGRESSIONAL RECORD-SENATE August 24, 1994 it were an unprecedented action, I We do not hear much about them be- please act and decide. That is what we could understand the concern. But my cause they are working. We hear only were sent here to do. I think we ought experience is that this is the nature of about the stories that do not work, ex- to do it sooner rather than later. a conference and what happens when amples of violence. ORDER OF PROCEDURE the House and the Senate meet to re- The headline in the New York Times Mr. DODD. Madam President, I see solve differences. Someone once said if this morning about the tragic shooting the distinguished Republican leader. I the Congress did not exist, we would in the subway of that city yesterday want to take a few minutes on another have fist fights in its place. Hopefully, captured our attention. I am trying to subject, if I may. I will sit down if the Congress is a place where you can re- keep this in perspective, and have some Republican leader has some pressing solve some of the natural conflicts that sense of proportionality about it that issue to talk about. I will just take 5 our constituents feel and move for- is important. minutes, and ask unanimous consent ward. I again emphasize that I hope we do to speak as if in morning business. I So I hope today that we will move the right thing, and pass this bill. I apologize to my colleagues for break- forward on this bill with an up or down think our instincts were pretty good ing the flow of the debate. I want to vote. Also, I would just honestly say several months ago when this body, by take a few moments to address the that if I could write a crime bill, I an overwhelming vote of 94 to 5, I be- issue of Cuba. might just have a one-page bill that lieve it was, passed the Senate version made a block grant and sent the money of the crime bill. It went to conference. THE ISSUE OF CUBA back to our municipalities and States Some changes have been made. I think and let them figure out what they improvements have been made in the Mr. DODD. Madam President, I think it is important would do with it. I have heard people bill, that are without any question not that we discuss the lecture here day in and day out what to the satisfaction of everyone. I would issue of Cuba, and what is going on ought to be done. I honestly believe like more prevention, I suppose, in the with the literally hundreds and hun- dreds of displaced most of our police departments do not bill, than others would have supported. persons. This issue has been the subject of some discussion need to be lectured by their Senators But I am satisfied that the conferees have done a pretty good job. and debate here in the Senate as to and Congressmen. They go out every how we ought to proceed. day and do a pretty good job under I have confidence in my colleagues that they do the best they can under As of August 22, a little over 7,000 Cu- tough circumstances to defend our bans have arrived in Florida since the the circumstances. They do not always lives and our property. beginning of the year. That is nearly To listen to some here from time to get what they want. But that is the na- double the number of Cubans that ture of our business. If we all insisted time, you would think that the local- sought refuge in the United States in we wanted, ities did not know what they were upon getting exactly what 1993. Clearly, this is a situation that doing and needed to be told by their we would never get anything done. Pol- cannot be allowed to continue. How- elected representatives how they ought itics is the art of compromise. Most of ever, there does not seem to be any end to be doing their business. Obviously, the people who serve in this Chamber, to it. my proposal is not going to happen. regardless of label or political party, In the immediate and short term, I Nonetheless, I believe we might have a understand that and are darned good at do not believe that the President of the considerable amount of success in re- compromise, are good citizens, and are United States will have any other ducing crime if we would just give our strong patriots. choice but to act to alter a policy that communities the resources they need My hope is we will remind ourselves is serving as a very powerful magnet to get out and get the job done. of that particular part of our business, and that is attracting hundreds and Second, I would point out-I realize to engage in the art of compromise- thousands of Cubans every day to risk this may be a minority view here in that is what I think must be done their lives in ill-equipped rafts and the Senate-I do not think the problem here-and move on with this bill and boats for the dangerous 90-mile journey is quite as bad as some have suggested. try to address some of the other press- to the United States. Despite the criti- In fact, the statistics show that crime ing problems that we face in our coun- cisms that have been made in this rates overall are coming down. The try. Chamber and elsewhere concerning the problem is that we are seeing an explo- So my hope is we will have a vote on President's recent change in policy to- sion among young people in criminal this, that we will not spend hours and ward Cuba, I would seriously question activity. That is serious. It is almost hours pointing fingers at each other, whether any President, Republican or impossible to turn on the nightly news screaming and yelling back and forth Democrat, would sit back and do noth- anywhere in America and not have as as to who cares more or less. I think all ing in the face of what appears to be an the lead story some act of violence of us care about this issue. We all open-door policy by Cuban authorities that has occurred in our communities. would like to help our constituents for those Cubans who wish to take to So whether it is a typical event or not, back home. We have gotten the product the sea. it is indelibly burned in our minds that now that has been delivered to us, a Our Nation has the capacity to re- this is something going on everywhere, product in which many, many people- ceive and accept immigrants. We do so all the time, in growing numbers. Republicans and Democrats-have had far more generously than any other na- In fact, statistics show that overall more than ample opportunity to ex- tion on the face of the Earth. But there crime rates are coming down in certain press their views and ideas. I think now are tolerance levels as to what we can areas. But with certain types of crime is the time to act, and we should do so. accept and how much we can manage there is an increase. We ought to pay My hope is the rhetoric will come as a Nation. So the notion that the attention to the latter. We ought to try down and that we will lower the tem- President has engaged in some dreadful to deal with the real problems. perature here a bit and get about the action by diverting these people seek- I happen to believe that our police business of casting our votes and allow- ing to leave Cuba for good cause, I departments and our communities are ing-as the majority leader said this think is unfounded and unfair. I think doing a lot of good things. But as all of morning-the Senate to express its will again any President faced with a simi- us know, the media does not report either to support or to defeat this con- lar situation would have taken, frank- about planes that fly, they only report ference report on the crime bill. That ly, a very similar action. But, I think about the ones that do not. The fact is is what our constituents want us to do. we have to begin to think anew about that there are people out there doing a They do not want us to engage intermi- our approach towards Cuba. I think we good job every day in mentoring pro- nably in a debate that just loses them need intelligent and creative thinking, grams for young people: Boys Clubs, when we start talking about the arcane not just some of the mindless passion Girls Clubs, Police Athletic Leagues, procedures of this institution. Act ei- that surrounds this subject and this de- and the like are making a difference. ther positively or negatively, but bate. August 24, 1994 C:ONGRESSIONAL RECORD-SENATE 23927 Let me just begin by stating some- might want to listen to Ernesto slovakia, Hungary, and many other na- thing that I think probably should be Bettencourt and Alicia Torres, who tions, such as the Soviet Union, only a stated more frequently. I know of no testified before my Subcommittee on few short months ago. Yet, that chain, other ethnic group that has contrib- the Western Hemisphere a year or so that domineering and threatening envi- uted more economically, socially, or ago on how to deal with Cuba today. ronment has changed. It changed be- culturally to the fabric of our country Both of those individuals were just as cause we found creative ways to engage in less time than Cuban-Americans maltreated by the Castro government in a dialog and discussion with the have. In the space of a short 25 years, as anyone else. Yet, they asked us to leadership of those governments at the the people who have left Cuba for good follow a different path in trying to deal time when they were oppressive. cause because of the intolerable condi- with the problem of Cuba. All I am asking for here is that the tions in that country, have made a sig- Lord knows, we have engaged in dip- Clinton administration and we in this nificant contribution to this Nation. lomatic relations and political discus- body not close our eyes, not shut down I was just reading a speech that my sions with Kim Il-song in North Korea. the possibility of exploring new ways father gave on the floor of this Cham- We now have most-favored-nation sta- to establish a new foreign policy with ber in the spring of 1961 in which he ac- tus with the People's Republic of the advice, with the consultation, and curately and properly described the China. And we sit down and try and with the diversity of thought within events that occurred in Cuba, the lit- work out a political solution with the the Cuban-American community in eral hijacking of any hopes for democ- leadership of the Serbians in Central this country. And, not to assume that racy in that nation by the forces that Europe. We have watched President de one or two people speak for everybody, took control of that island under lead- Klerk work with the ANC in trying to because I do not believe they do. ership of Fidel Castro. resolve the problems of South Africa. So I urge my colleagues here to look I certainly understand and can relate We have watched Prime Minister Rabin at those ideas. and identify with the sense of anger sit down and try to work out a problem Mr. SIMON. If my colleague will and the frustration that Cuban-Ameri- with Arafat and with King Hussein. All yield. I was over in my office listening, cans feel for how they have been treat- over the globe we are watching the po- and I want to say to my two colleagues ed and how their families have been litical and diplomatic process work who were on the floor before that what treated by the Castro government over with people who absolutely have to- you say makes so much good sense. the years. There is no debate that I tally opposing views from one another, Our policy toward Cuba is a response to know of about our collective outrage and yet they understand the value of the national passion rather than the and sense of identity with the Cuban- that process. national interest. It seems to me that American population of this country Yet, in this one situation, the nation what we might do, recognizing that for what they feel; what they have been of Cuba and our relationship to it, we Castro has one of the worst human robbed of by the government in Cuba. seem to be unwilling to examine and rights records of any leader in this But having said that, Madam Presi- explore alternatives. I am not suggest- hemisphere-but that is also true of dent, I think it is also important that ing they may even work, but we ought China, and we give China MFN status; we try to think freshly, if we can, to try them. The idea that any govern- and obviously China is a much greater about how to begin to deal with this ment, whether it is this administration long-term threat-would it not make problem other than just dealing with or any other administration, could not sense to at least take two initial steps: displaced persons. explore and examine the political and First, to say that we will at least sell First of all, I think it is important to diplomatic channels of how to help re- food and medicine to Cuba; and second, state that the Cuban-American popu- solve the issues that divide two nations we will permit Americans who want to lation is not a monolithic population. I is a mistake. travel to Cuba to legally do that and think every one of us in this Chamber If we continue to engage in this one- not go through Canada or Mexico or would be offended if it was suggested faceted situation-if we can find a way someplace? somehow that some one person, using to have a political channel open up Mr. DODD. I say to my good friend- my own ethnicity, if I can, speaks for with Kim I-song in North Korea, the and I thank him for his kind remarks- all the Irish-Americans in this country. "dark hole" of nations, if you will, on that I think certainly that ought to be There is no monolithic view among the globe; and if we can extend most- examined and explored. We have a new Irish-Americans about the events in favored-nation status to the largest Secretary General of the OAS, the Northern Ireland. There are many dif- Communist, repressive government on former President of Colombia, Presi- ferent opinions within the Irish-Amer- the face of this Earth, in my view, we dent Gaviria, who, by the way, ended ican community about events that oc- ought to be able to examine and ex- up with the job of Secretary General curred in the land for which they have plore new avenues with the island of with the strong backing and support of a particular caring. Certainly, I think Cuba. the United States. He has a unique and that can be said of every single con- That is not to endorse or to want to special knowledge of Cuba. It seems to stituency represented in this body. To perpetuate the rule of Fidel Castro- me that we ought to be examining and suggest somehow that Cuban-Ameri- quite the contrary-any more than it is exploring this issue through the OAS. cans are all of one mind as to how we to perpetuate the rule or governance of And we do not allow Cuba to be a mem- ought to deal with Cuba is insulting to the leadership of the People's Republic ber of the OAS. Cuban-Americans. of China, or North Korea, or any other It makes more sense to try to deal There is a diversity of thought oppressive government around the with somebody under those cir- among the population of Cuban-Ameri- globe. cumstances than to engage in perpet- cans as to how we ought to deal with But to have one isolated example of ual isolation and not even explore ways these problems. I think we do them a unwillingness to go forward and not to in which we can facilitate change. great injustice by assuming somehow listen to the diversity of thought and Somebody pointed out the other day that one or two or three people speak ideas that exist within the Cuban- that one of the reasons that the Polish for everyone across generations, across American community is to make a Government under Ceausescu collapsed economic and cultural and political mistake, and this should change. The was because faxes, phone calls, videos, feelings and ideas. cold war is over. Cuba no longer pre- and information from the West was So I hope that we might, as we de- sents the kind of threat it did even a getting into Poland. We were beginning bate and discuss what needs to be done few short months ago. to have an ability to change people's here, listen to the diversity of thought There is a threat, obviously, to the ideas and views. I think Radio Marti within that community in our own population of Cuba with the continu- and Television Marti are good ideas; country as to how we ought to ap- ation of a repressive government. But they get information into the island of proach the problem of Cuba; that we that was true in Poland, Czecho- Cuba. Gerald Ford, President Ford, was 23928 CONGRESSIONAL RECORD-SENATE August 24, 1994 absolutely correct when he reversed Through diplomatic procedures, we Leon Panetta. However, the adminis- the policy on the secondary boycott, tried to resolve the crisis there. Ulti- tration has spent more time denying a that did nothing at all except basically mately, it has fallen apart, unfortu- blockade is an option than they have hurt our own industries and companies nately. developing a strategy to bring freedom in this country. I am not suggesting that we ought to to Cuba. There has been a lot of good thinking exclude some of the options being con- The administration has been quick to by Democrats and Republicans on how sidered today. But those options ought interdict Cubans but slow to do any- to approach this problem. And, as the not to be resorted to prematurely, and thing against Castro. The anti-Castro Senator from Illinois has pointed out, we ought to at least explore the possi- measures-halting airplane charters, we have managed, with other govern- bility of reaching some rapprochement stopping remittances, condemning ments that are just as repressive, to here to some of these problems. If that human rights vioaltions-have not find ways to deal with the strong argu- fails, if Castro is unwilling to do any- been implemented. Some question ments made on the floor of this Cham- thing at all, then consider these other their effect on the Cuban people. The ber that the way to increase human options, but do not jump to those op- administration has no strategy for a rights or improve human rights in the tions before you have given a chance transition to democracy in Cuba. They People's Republic of China was not to for political and diplomatic efforts to announced a series of stop-gap meas- extend most-favored-nation status. I prevail. ures but there is no plan and no long- think it is a credible argument, that it On this note, Madam President, I term policy. There is concern that a will in fact improve the situation apologize to the minority leader who hidden agenda of normalization with there. has been patiently waiting for the Cuba will emerge. If we can apply that in the People's floor, and I yield the floor at this mo- The administration will not even call Republic of China, where a billion peo- ment. for Fidel Castro to step down imme- ple live under the repressive thumb of Several Senators addressed the diately. We have all heard months of a government that denies them their Chair. calls for Cedras and other Haitian mili- basic human rights, can we not at least Mr. DOLE. Madam President, I will tary leaders to resign, but there is si- explore that with a nation that is send- just take 5 minutes. lence about Castro. Castro has a 35- ing thousands of people on rickety Mr. DODD. That is a Connecticut 5 year track record of murder, tyranny, rafts to our country, people that we minutes? export of terror, and human rights then have to house at Guantanamo or Mr. DOLE. That is a Kansas 5 min- abuses. Why the reluctance on the part some other place, begging other na- utes. of the Clinton administration's policy- tions to house and keep them at our makers? Do they think Castro can con- tribute to a democratic Cuba? I do not cost and expense? CUBA SITUATION I do not think that is a wise course to know anyone who thinks Castro will be be following, and it is not good judg- Mr. DOLE. Madam President, I have the midwife for Cuban democracy. The ment. a little different view on Cuba. administration's first step should be to I thank my colleague. We have had this morning a press call for the immediate removal of Cas- Mr. SIMON. I thank my colleague for conference where President Clinton's tro from power-no conditions, no waf- his leadership. advisers just announced an expansion fling. Castro's ideology and ambition Mr. METZENBAUM. Madam Presi- of facilities at Guantanamo, indefinite have created the Cuban crisis, and it dent, I rise to commend the Senator for detention of Cuban refugees, and pos- will not be resolved while he clings to addressing himself to this issue this sible safe havens throughout the hemi- power. morning. I think he is exactly on tar- sphere-but not a word about Castro Second, the administration must get. I think our policy is an absurd one. stepping down immediately. Instead of make a serious effort to build an inter- As recently as this morning, I was calling around the hemisphere for safe national coalition to isolate Castro. talking with one of our Nation's more havens, President Clinton's goal should Going to the United Nations to con- famous artists, and he said, "Why is be to make Cuba a safe haven-a safe demn Castro's human rights violations our policy on Cuba what it is?" I said, haven without Castro for all Cubans. is not enough. If tough sanctions are "I am frank to tell you I do not know President Clinton's new policy on good enough for Haiti, that should be the answer, but I am going to discuss it Cuba has failed. The flow of refugees the goal for Cuba. The administration with one of the people I think is more fleeing Castro's tyranny has acceler- should call an emergency meeting of knowledgeable than I, Senator DODD of ated since last Thursday-more than the Organization of American States to Connecticut." I am pleased I was on 7,000 since the policy shift. President address the lack of democracy in Cuba. the floor when you addressed yourself Clinton's Cuba policy punishes the Castro's denial of freedom to the Cuban to this subject. I identify with the Sen- wrong Cubans: Freedom seekers are ap- people should be a hemispheric con- ator's remarks. I think he is right, and prehended while Castro gets off scot- cern-a Latin American problem just this Nation needs to revisit this issue free. as much as it is an American problem. and change its position. The continued refugee flow dem- Third, the administration should ap- I think Senator SIMON addressed him- onstrates once again that Cuba is not proach Canada and our European allies self in part to it in saying that we Haiti. News reports quote an adminis- on the Cuban crisis. It is their invest- ought to see that we get food and medi- tration official saying, "It's not clear ment and their tourists which provide cine to Cubans. I agree with that, but I why the Cubans aren't reacting as ex- Castro far more cash than remittances think we ought to go further. I cannot pected." It may not be clear to the ad- to help starving Cubans. Castro poses a explain the contradiction in our policy ministration, but it is pretty clear to clear threat to American national se- in doing business with some of the na- me: Cubans continue to flee because it curity through his cynical export of his tions of the world whose policies are is the first time in years they can leave people. Our allies need to understand more repressive, and we give them without being shot in the back, mur- that we will not tolerate continued most-favored-nation status. dered at sea, or thrown into a political subsidy of a regime that threatens I thank the Senator for his remarks prison by Castro's regime. American security. and indicate if I can be of help in fur- After strong criticism last week, the It is morally and politically bank- thering his views, I am with him. Clinton administration decided to in- rupt to punish Cuban freedom seekers, Mr. DODD. Madam President, lastly, clude some half-measures to increase while letting Castro off the hook. Many I do not know whether opening up dip- pressure on Castro. I support efforts to Cubans have died in the last few days lomatic and political channels will tighten the screws on Castro-includ- trying to leave Castro's terror. Castro work or not. But it seems to me we ing consideration of a blockade as men- has now successfully dictated Amer- ought to try. We did that in Haiti. tioned by White House Chief of Staff ican immigration policy. He should not August 24, 1994 CONGRESSIONAL RECORD-SENATE 23929 be allowed to dictate our foreign pol- country to pay for the crime bill. But ber contained the Simpson criminal icy. During the campaign President it also trusts the Clinton administra- alien removal provision, making it Clinton promised to support democracy tion to pay for most of it after the 1996 easier to deport criminal aliens after in Cuba and to oppose deals with Cas- election. they have served their sentences, rath- tro. Not all of his national security Let me just make another point here, er than letting them walk out of prison personnel share those views. Many of because I think it is important to set a.nd able to commit more crimes. We them were the architects of President the record straight. My colleagues would like to change that and enact Carter's efforts to normalize relations should not misconstrue my support for the Simpson criminal alien removal with Castro in the 1970's. This adminis- the original Senate crime bill. provision. It will be one of the amend- tration has normalized relations with When the Senate bill originally went ments that we will bring up if we are Vietnam, and offered aid to North out, it was the Biden-Hatch bill. It was successful on this point of order, or on Korea. Cuba should not be added to a tough-on-crime bill, and it did not any agreement the distinguished lead- that list. have the pork in it that we now have in ers of this body work out. The President should renounce any the conference report. Frankly, it was The original bill I supported in No- deals with Castro. He should instead a good bill, and its trust fund was defi- vember contained the Smith-Simpson pursue a foreign policy that envisions a cit neutral. Terrorist Alien Removal Act, which Cuba without Castro. I did say this morning that I ques- made it easier to boot out alien terror- tioned, and it has been through the en- ists from this country. suing months that I have questioned it, The bill I supported in November VIOLENT CRIME CONTROL AND whether this administration will cut contained the Moseley-Braun-Hatch LAW ENFORCEMENT ACT OF 250,000 employees and thus provide the provision to prosecute violent juveniles 1994-CONFERENCE REPORT moneys for the trust fund. I really do 13 and older as adults for certain hei- The Senate continued with the con- not believe it will. I do not know any- nous crimes. We are tired of these sideration of the conference report. one else who believes that it will ei- kids-drive-by shootings and all of the Mr. DOLE. Madam President, with ther. other things that they have done. And reference to the earlier statement on To make a long story short, Presi- I commend the distinguished Senator the crime bill, Senator MITCHELL and I dent Clinton and his allies are suggest- from Illinois for having been the spon- will have a meeting a little after 2 p.m. ing that the conference bill before us is sor of that amendment and having We do not know what will happen at pretty much the same bill we sup- made such cogent and eloquent argu- that meeting. We are trying to proceed ported in the Senate last November. ments for it on the floor, and she did. in good faith on each side. That may or They know better. I think they are The bill I supported in November may not be resolved. If not, we will simply putting up a smoke screen to fully restricted so-called drug court have a vote this afternoon on the point cover their hijacking of scarce crime- treatment programs to nonviolent first of order. fighting resources into Great Society- offenders. This bill goes way beyond I yield the floor. style social spending boondoggles. that, with money being wasted on hard Several Senators addressed the Like I say, the distinguished Senator core offenders. I am not against doing Chair. from Delaware worked long and hard it in theory, if we had unlimited money The PRESIDING OFFICER. The Sen- and deserves a lot of credit. I also have to spend. Hope still springs eternal in ator from Utah is recognized. worked long and hard. I certainly have my breast. But why not use those Mr. HATCH. Madam President, I will worked long and hard to help get the scarce funds for first-time offenders? not take long. I know the distinguished violence against women bill through. The current bill does not. Senator from Virginia has been wait- And we are going to try to do that be- All of these and more are missing ing. I have to correct the record. fore we get through here. We are going from the bill before us. Once President While I was off the floor, it was sug- to try and pass this bill with that pro- Clinton and his allies, in a conference gested by some of my Democratic col- vision intact. controlled by liberals from his side of leagues that I changed my opinion on Let me tell you something else. Some the aisle, got their hands on the Senate the trust fund concept, that the reason of these people have bowed, once again, bill, these tough provisions went out that I am critical of this bill and its to their party's liberal wing and they the window and they larded the bill up trust fund is one of political motiva- do not want the American people to with more and more pork programs. tion. know it. The President and his liberal con- That is hardly the case. I will remind The bill I supported in November did gressional allies took a Senate bill, my colleagues that I did support the not have the $1.62 billion Local Part- which was not perfect, by any means- trust fund and its concept in the Sen- nership Act in it. We consider that not there were provisions we did not like in ate bill. That was a completely dif- only deficit spending, but a boon- it-but which had more pluses than ferent bill from this bill. doggle. The Senate bill did not have minuses, and both turned it into a ve- This bill's trust fund is not the same the $625.5 million Model Intensive hicle with pork for special interests at all. It is not even the same proposal. Grant Program boondoggle. This is to and softened it considerably. The old trust fund that was $22 billion, name just two of the pork provisions, The Senate bill, apparently, was just we passed out of the Senate. This one to the tune of nearly $2.25 billion, sent too tough on crime for this President. is $30 billion. Clearly, it is $13 billion in to us by the other body and contained It was only $22 billion, in contrast to deficit. The old trust fund was budget in this conference report. I might add the $8 billion more, $30 billion bill we neutral as we passed it on the floor. they are two of the programs we would have before us now in this conference. That is why we did not raise a point of like to remove from the bill. So nobody should misconstrue my order against it. This one contains $13 The original bill I supported in No- position on the trust fund. It is com- billion in deficit spending. vember did have tough mandatory min- pletely different now than what it was My fellow citizens out in America imum sentences for the use of a gun in when I argued in favor of it on the floor should just think about that. We have a crime. The bill I supported in Novem- of the Senate. a bill here that is going to spend $13 ber had tough mandatory minimum I thought it was splendid at the time, billion more than we have. The old sentences for selling drugs to minors but that was last November. The more trust fund was a 5-year plan, which re- and for using minors in a drug crime. I think of it and the more I see how quired more spending in the early The bill I supported in November this administration is operating and, years. This new trust fund requires contained the tough Dole-Hatch-Brown frankly, the more I see how the Con- nearly half of its spending to be in the antigang provisions, with tough Fed- gress is operating, I do not have any years 1999 and 2000. Who is kidding eral penalties for violent juvenile gang real faith that we are going to reduce whom? This trust fund promises the offense. The bill I supported in Novem- Federal employment by 250,000. In fact, 23930 CONGRESSIONAL RECORD-SENATE August 24, 1994 Federal employment is growing every The mandatory minimum provisions people in this body vote for it they do day. I really doubt seriously that we for committing crimes with the use of not have to hold their nose. are going to have the trust fund money a gun, it is no longer there. Now, what Frankly, it is something that needs to be able to fund this bill. kind of "anticrime" reasoning would to be done. Maybe we will be success- Last, but not least, even if we did, take that out? ful, maybe we will not, but we are giv- even if the trust fund worked, the bene- And, by the way, the two Republicans ing it everything we have. fits are now put off until 1999-2000, so it who opposed this bill when it went out I yield the floor. will be paid for only after this Presi- of the Senate did not oppose it because The PRESIDING OFFICER. The Sen- dent is reelected, if he is reelected. of the gun issue. They opposed it be- ator from Virginia is recognized. And, even if they were, you would still cause of the death penalty. And they Mr. ROBB. Madam President, as the have a $13 billion deficit. We would be made that clear. Senate stands deadlocked over a $30 spending $13 billion more dollars that I guess what I am trying to say is billion crime bill, 5-year-old Andre we do not have. that we are tired of business as usual Grady lies paralyzed and fighting for Now, I do not think that is the way in this body. We may be a minority and his life in a Norfolk, VA, hospital, an to do business. I do not think that is we may get tramped on from time to innocent victim of the kind of violence the way to run our country. That is time, but you are not going to tramp the crime bill is designed to address. one reason why we are raising such on some of us without an effective Last week, while riding his bike out- Cain here. We are not just going to roll fight back. side his grandmother's house at 3 over and play dead because we are I have to say, this administration o'clock in the afternoon, Andre was outmanned here. We know the Demo- just ignored the Republicans in the gunned down in a drive-by shooting. crats have controlled the Congress for Senate, even though Senator DOLE sent The responsibility for determining most of the last 60 years. And we know a message to the President offering to who shot Andre now lies with the judi- that this administration ignored the help in this matter. He offered to co- cial system. Republicans in the Senate. We are just operate, offered to bring Republicans The responsibility to help prevent not going to be ignored. We think we along, offered to try to resolve the is- senseless violence from claiming more are right on these issues. We are going sues. The administration figured, by innocent 5-year-olds in Andre's neigh- to fight until we at least have a chance resolving some issues with a number of borhood-and in neighborhoods all to bring these issues up and bring them young Congresspeople over in the across the Commonwealth of Virginia up in a decent way. House that they could simply bind the and the Nation-lies with us today. I also understand that the distin- Senate, and the Senate would just roll We have pending before the Senate guished Senator from California indi- over and play dead. It just so happens, the conference report on a $30 billion cated that she thought I was being dis- we do not have to do that, nor will we. crime bill that passed this body in a ingenuous with regard to guns. Well, The American people expect more very similar form by a vote of 95 to 4 how can she come to that conclusion? I from us. We will give them more. We just 9 months ago. do not think any Senator on the Demo- are going to stay here as long as we A bill that focuses on prisons, police, crat side has been in our Republican have to. If we have to go to a point of punishment, and prevention. caucus meetings where we agreed to order and if we win, we are going to Let me repeat that, Madam Presi- what the issues are. I have discussed bring up these amendments. If we lose, dent, this bill focuses on prisons, po- what happened in those meetings. And then the American people are going to lice, punishment, and prevention. I made it very clear that the gun issue lose once again because you are going That means that if this bill passes, was not and is not the issue. to have a $30 billion bill loaded with more police officers are put on our Yes, we do not like the ban. We did pork. That is likely to be funded first, streets, providing reinforcement for not like getting beaten on it. We do not instead of the prisons, instead of po- the men and women who currently like having second amendment rights lice, instead of law enforcement. And serve our communities, enhancing the taken away from the people. We do not many of these anticrime provisions are overall safety of our neighborhoods, like decent, law-abiding sports people not very tough at all in this bill. and providing a real deterrent to those losing their right of access to a number When the House defeated the rule, ev- contemplating a criminal act. of these firearms. But we lost. erybody said it was about guns. Sen- If this bill passes, prison sentences And I do not know of anybody on our ator BIDEN said that on the floor; so did are toughened and extended, keeping side who is now trying to make the gun the President. But guns are still in the violent criminals off the streets for ban issue the major issue. It does not bill. greater periods of time. have to be. Moreover, it does not have And I am telling anybody that thinks If this bill passes, prison systems are to be under the proposals that the mi- that I may be disingenuous that I expanded, allowing for the implemen- nority leader is making to the major- think it is disingenuous for the Demo- tation of tougher and longer sentences. ity leader. crats to try to make that the issue If this bill passes, juveniles guilty of So to even imply that I am disingen- when it is not. They have been doing it violent crimes will be treated as uous implies that somebody over there from word one because they do not adults, ensuring greater fairness to vic- must have a spy in our meetings. A have the arguments to uphold the pro- tims and reducing recidivism through person who just plainly cannot hear visions of this bill that we have been tougher sentencing. well and cannot see well. talking about. And they know it. They If this bill passes, greater access to Keep in mind, the Senate bill passed figured they were going to get along by prevention programs will reduce both 95-4 with the gun ban in it only because hiding all of the pork in the bill, this the number of young people engaging the bill otherwise was a tough 1960's style social spending, because in violent criminal acts and the num- anticrime bill. Only two Republicans they know that people want a crime ber of people falling victim to violent on this side voted against it. And yet, bill, a real crime bill. crime. people on this side of the aisle, the Well, I am personally sick of it and If this bill passes, expanded provi- Democrat side, have been talking we are not going to roll over and play sions to protect women against violent about guns for the last few days be- dead just because we are a minority. crimes will be implemented. cause that is the only issue they have. So, Madam President, I feel deeply Very importantly, Madam President, They cannot talk about the bill and about having a crime bill. Nobody if this bill passes, 19 types of dangerous the pork issue because they know that wants one more than I do. assault weapons-designed to kill large the bill is loaded with pork. They can- I would like to have the Senate crime numbers of human beings-will be out- not talk about tough provisions on bill. We cannot get that now. But I lawed. crime, even the Moseley-Braun provi- would like to reform it and make it a The police officers, the sheriffs, the sion, because it is no longer in there. little bit better so that at least when commonwealth's attorney's and the August 24, 1994 CONGRESSIONAL RECORD-SENATE 23931 judges in the Commonwealth of Vir- am convinced that, on balance, it will They were that the only concern of ginia with whom I have spoken support reduce crime in America and make our the opponents were those who wanted this legislation overwhelmingly. They streets safer. to defeat the assault weapons ban. support it because it gives interested It is worth the money we will save They were that the bill was as close States and localities the resources they from downsizing the Federal bureauc- to perfection as was possible and could desperately need to fund anticrime ini- racy. not possibly be changed. tiatives on a voluntary basis. This is We cannot continue to just debate During the course of the succeeding not a Federal mandate. States and lo- this issue. We have been doing that for week, each of those arguments turned calities simply do not have the capac- almost 6 years and we cannot devise out to be fallacious. In fact, the defeat ity to shoulder the entire financial bur- parliamentary maneuvers to try to of the rule, the technical rule, in the den alone. delay its passage further. House of Representatives, did not mark Law enforcement officers have told We have communities under siege the end of the crime bill. In fact, it me they fear turning a dark corner and that cannot wait any longer for help turned out that a handful of dedicated facing an assault weapon more sophis- and they are counting on us for help. Members, mostly from the minority ticated and more deadly then the one We have Americans insecure in their party, mostly relatively junior, suc- they carry to protect our streets and own homes and neighborhoods and we ceeded in removing $2 billion, $3 billion our neighborhoods. have it in our power to help. of the pork from the bill, adding at In addition, the Virginia General As- And we have a 5-year-old child named least a handful of good law-enforce- sembly is currently reviewing a pro- Andres, who lies paralyzed in a Norfolk ment provisions, including one that posal to eliminate parole in the Com- hospital fighting to recover from a had been sponsored by this Senator and monwealth of Virginia. This has al- senseless gunshot wound when he accepted unanimously by the Senate of ready been done at the Federal level, should be spending an innocent sum- the United States. but to do so in Virginia, we would need mer afternoon riding his bike in front Lo and behold, those who voted in an enormous amount of new funding to of his grandmother's house. favor of the bill then in the House of build and expand prisons. The crime Madam President, it is time to act, it Representatives, the President of the bill could help fund this initiative. is time to pass the crime bill. United States said, "Gosh, now we have We ought to pass this bill and we I thank the Chair and I suggest the a better bill than the one that just 1 ought to do it now. absence of a quorum. week ago was defeated." "However," Virtually every major law enforce- The PRESIDING OFFICER. The they all reported, "it must be abso- ment agency in the country has ex- clerk will call the roll. lutely perfect now because we certainly pressed support for it. The legislative clerk proceeded to do not want the Senate of the United It includes $9 billion to hire 100,000 call the roll. States to debate it in detail. We don't new police officers-a potential $215 Mr. GORTON. Madam President, I want the Senate of the United States million for Virginia. ask unanimous consent that the order to avail itself of the same right to It includes $9 billion to build new for the quorum call be rescinded. amend, to change before it comes to a prisons and boot camps-a possible $108 The PRESIDING OFFICER. Without final vote that the House of Represent- million for Virginia. objection, it is so ordered. atives took." It includes $3 billion to enhance ac- Mr. GORTON. Madam President, We hear exactly the same arguments tivities at the Federal Bureau of Inves- within a relatively short period of today. First, that the budget point of tigations and the Drug Enforcement time, the Senate is going to get an op- order is a mere technicality. It is, how- Agency, and $7 billion for proven and portunity to determine whether or not ever, Madam President, something effective crime prevention programs-a the crime bill before us will be passed more than a technicality that a budget guaranteed $108 million for Virginia. entirely unchanged or whether, as was point of order that was waived last No- It also includes tough, increased pen- the case in the House of Representa- vember for a $22 billion bill, might not alties for crimes committed with fire- tives, it could be improved; not im- be waived for a $30 billion bill. In the arms, for drug use, for drug-trafficking, proved in the marginal fashion which mind of this Senator at least, who may for sex offenses, for assaults against took place in the House of Representa- not have been here long enough to con- children, and for "gang" crimes. tives, but dramatically. sider several billions of dollars to be a In addition, this bill expands the Fed- Because this crime bill requires a mere technicality, that difference is a eral death penalty to cover over 50 new waiver of the Budget Act, voices other profound difference. It is all the dif- offenses, including terrorism, murder than those who crafted the conference ference in the world and overwhelm- of a law enforcement officer, large- committee report, are going to be ingly merits a real debate over a point scale drug trafficking, drive-by heard. After a conference committee of order and an upholding of that point shootings, and carjackers who murder. which added to the pork and subtracted of order so that this bill can be reduced In an effort to keep more prisoners in from the law enforcement provisions of to being at least roughly the same size jail and deter repeat offenders, it elimi- the bill which was passed by the U.S. it was when it left this body the better nates the automatic granting of good Senate, for myself I am confident that part of a year ago. time credits and creates incentives for one way or another we are going to get When a bill is produced, as this one States to adopt truth-in-sentencing that opportunity to improve this crime was, not just by one party, at least be- guidelines, which requires prisoners to bill. fore the last meeting last Sunday serve at least 85 percent of their terms, The history of the debate since the night, but only a handful of Members and mandates life imprisonment for original conference committee report of even that party, when it includes criminals convicted of three violent is relatively short, and memories are matters that were not earlier debated, felonies or drug offenses. still fresh about the arguments that when it excludes matters for which Some opponents of the bill are now were made in the White House and in both Houses voted by significant ma- criticizing its price tag-and I am the press and in the House of Rep- jorities, something is wrong with the about as tough on Government spend- resentatives immediately following the procedure and another debate is more ing as anyone. defeat of the rule for the consideration than appropriate. But the indisputable fact is this bill of the original product of that con- Madam President, this Senator hopes is paid for. It is paid for with the ference committee. that there will be an agreement involv- money saved by reducing the Federal They were that a crime bill was dead ing the majority party and the minor- work force, by 252,000 positions. for this year. ity party which will outline and limit And while I understand some of the They were that this was a sneaky both the number of amendments which concerns about specific provisions in parliamentary trick designed to kill ought to be considered and the time the bill-no bill is ever perfect, and I the bill. during which they ought to be debated. 23932 CONGRESSIONAL RECORD-SENATE August 24, 1994 This Senator feels that there is a very This morning, there was a report on The pretense that somehow or an- real possibility of such an agreement. a national network from Kansas City, other to change one thing in this bill But if there is not, that we should avail MO, with a very, very high crime rate, will kill it is exactly that. The pre- ourselves, as our rights as Senators, to in which the police officers are simply tense that it is perfect at the present reexamine a number of significant pro- overwhelmed and need more members. time so that we should not touch any- visions in this bill. The chief of police had discovered, thing in it is just exactly that. The In fact, it seems to me that the very however, that the promise of 100,000 pretense that it is not filled with pork delays on the part of those who say we new cops on the beat was a hollow is just exactly that. And the pretense must pass it in exactly the form in promise, a promise which my jurisdic- that it does everything that needs to which it was passed by the House, have tion, when I was attorney general of be done to strengthen the hand of our increased public scrutiny of the bill, the State of Washington, had it ex- law enforcement officers is just that. have increased public criticism of tended any further, would have been We have an opportunity to change much that is in this bill, have in- required to bring a suit to enjoin false pretense into reality, and to pass a creased the demands from all across advertising, a promise of 100,000 new very good anticrime bill if it is allowed the country, as well as from Senators police officers, with a big asterisk that to be amended, as I believe it will, dur- on this side of the aisle, that we get the beneficiary pay 25 percent of the ing the course of today and succeeding down to passing a bill which actually cost the first year, 50 percent of the days. does something for our law enforce- cost in the second year, 75 percent of Mr. BIDEN addressed the Chair. ment and which does not just scatter the cost in the third year, and all of it Mr. BROWN. Will the Senator yield money widely across the land for what- thereafter. for a question? ever any individual Member thinks The response there, and the response Mr. GORTON. I will be happy to might have been a good idea. has been from many of my law enforce- yield. When we end up in this bill with ment officials, if we had that kind of The PRESIDING OFFICER. The Sen- more than $1.5 billion for a program money, we would have already hired ator from Delaware. identical to a program which was pro- those police officers. But we certainly Mr. GORTON. Madam President, I posed as a part of the notorious and cannot do it on a partial Federal sub- have not yielded the floor. unlamented stimulus agreement a year sidy for 3 years, a period of time basi- Mr. BROWN. I asked the distin- and a half ago, with no changes other cally that it takes to train them to be guished Senator to yield for the pur- than the preamble-then for economic good, effective police officers, and then poses of a question. recovery now for crime control-we are be left with the entire cost ourselves. Mr. BIDEN. I did not hear that part. not dealing seriously with the fiscal This was a promise that was made The PRESIDING OFFICER. The Sen- concerns of the people of the United that is not kept in this bill. ator may yield for a question. States of America. Lord knows, we could have kept that Mr. BROWN. There is included in the Madam President, for this bill to be promise with less money than is in this bill some $6 to $7 billion in spending, acceptable, a wide range of programs in bill if we had switched money from often called pork barrel spending but the bill which are not directly related many of this wide range of other pro- the advocates of that spending describe to the safety of our people in their grams into this one. I think that you it as preventive spending. The Senator will homes, on their streets, in their see, when amendments are pro- has a long career in the legal profes- posed, schools, must be removed. We must be there will be money taken out sion, particularly as a prosecutor. How from projects serious and focused in our attentions in that looked good to much crime will be reduced by the $6 to Members on this bill. And then, Madam President, this side of the aisle, that $7 billion in new spending that is in- were sponsored by in the quiet before the storm here early Members on this cluded in the bill? side of the aisle, as well on this Wednesday afternoon, I, at as those pro-- Mr. GORTON. My own estimate, I say grams which were added either least, express my confidence that we on the to my colleague from Colorado, is very other side of the aisle in this are going to get body or in little. But I must confess, to a certain that opportunity; that the House of Representatives. Members will be allowed to vote. We need a lean, mean anticrime bill. extent, that is only an estimate be- I hope-I do not know whether I am This Senate is likely to vote very cause so much of what is in this bill ei- correct in this regard or not-that one quickly this afternoon on whether or ther duplicates existing programs or is of the strong law enforcement provi- not that is what we are going to get. entirely untested that it literally sions which can be restored to the bill The people of the United States are seems to me simply to be a blind is one which the distinguished occu- up in arms over what was sold to them throwing away of money in the hopes pant of the chair, at this point, intro- as a crime bill and what they now un- that somehow or another crime rates duced and, I believe, passed unani- derstand is very largely a pork bill. I might somehow be affected. mously through the Senate relating to look forward to the debate on specific I find this particularly strange, I can violent crimes by juveniles and allow- amendments. I look forward to a de- say to my colleague, from Colorado, be- ing them, to a greater extent than is fense of specific elements in this bill cause of the fact that there are now the case today, to be tried as adults when we can vote on them individually being funded, in part by money from when they have acted as adults and en- on their own particular merits. the Federal Government, a number of dangered and wounded and killed peo- I strongly suspect that there will be crime prevention programs which have ple just as adults will. a bipartisan majority, joining Members been of demonstrable value in reducing I hope that is one of the opportuni- of both parties in this body, to restore crime. One of them, one particularly ties that we have because it is cer- crime-fighting measures, to remove close to the heart of this Senator, is tainly an example of one of the strong money measures which could not pass the Byrne grants for multijurisdic- antiviolence provisions of the original on their-own merit and were hidden tional drug task forces. Here we had, as proposal in the Senate that simply dis- away in this bill in hopes that they recently as January of this year, a pro- appeared from this bill during the could be passed without debate, with- posal by the President of the United course of the meetings of that secret out careful examination. States in his budget to wipe them out, conference committee between the If we do that, if we follow that kind to cancel them after 3 or 4 years of in- House and the Senate. of debate, we, first, will be responsible creasing success. No single item in this Madam President, this Nation needs to the citizens who sent us here, and, year's budget exercised law enforce- a crime bill, but it does not need just second, we are likely to end up with a ment officers in the State of Washing- any crime bill. It needs one that will bill that I suspect the President will ton, I know from firsthand experience, attack the problem successfully and end up signing and saying, my gosh, and law enforcement officers from well, more than by simply a splattering they improved it still more in the Sen- across the country as did the cancella- of money across the landscape. ate than they did in the House. tion of these Byrne grants. And with a August 24, 1994 CONGRESSIONAL RECORD-SENATE 23933 bipartisan majority, ultimately they Mr. GORTON. Almost, I might add, went up over that period of time and were restored, first, cautiously in a by looking at the chart at the same that we can conclude that the stock budget resolution and, ultimately, as rate. market causes increased crime? recently as last Thursday or Friday, by Mr. KERREY. Will the Senator from I would like to ask question of the the appropriations bill for the Justice Colorado or Oregon yield for a ques- distinguished Senator from Washing- Department to a point at which they tion? ton. He has the floor. will be increased over last year. Mr. BROWN. I might simply follow Mr. GORTON. Yes. I appreciate the It was a wonderful coincidence for up that comment with a question. question from the Senator from Ne- this Senator because that great res- What proof is there-- braska. toration took place just as we had Mr. BIDEN. Madam President, who My answer to his question is that, of headlines in newspapers in eastern has the floor? course, he is correct; that from the Washington about a magnificently suc- The PRESIDING OFFICER. The Sen- point of view of logic courses that he cessful major drug bust conducted by ator from Washington has the floor. and I both took when we began college, the very teams that were being funded Mr. BROWN. That pork barrel spend- you cannot necessarily put two iso- in part by these Byrne grants. ing will indeed result in lower crime lated factors together and show that But in a bill that was going to cost rates? they have risen or fallen at the same ultimately $33 billion, was there any- Mr. KERREY. Will the Senator yield time together and say that one is the thing more for Byrne grants? No. No. for a question? cause of the other. Just a whole bunch of new sets of Mr. GORTON. I just did. I would like I may say, however, that was not the ideas. to answer the one that I already yield- question that I was asked by the Sen- There is another program, still new, ed to. ator from Colorado. He did not ask me called weed and seed-aid from the Mr. KERREY. Will the Senator yield whether or not I thought that the in- Federal Government to roughly 20 for another question? crease in welfare spending had caused major cities across the country, of Mr. GORTON. I will after I have the increase in crime on his chart here. which one is located in the State of taken care of this one. He asked me, in light of these two Washington, which brings together law I think the question asked by the facts, whether I thought that another enforcement officers and various social Senator from Colorado was whether or increase in welfare spending contained welfare agencies that zero in on high- not I have any indication with my in this bill was going to cause a dra- crime neighborhoods. It has been a background that these programs which matic drop in the crime rate. My an- marvelous success in the city of Se- we have attacked as spending programs swer to that question was no. I was not attle, and I am told it has been an are likely to have a significant impact asked the question whether or not I equal success in a number of other on reducing crime rates. My response thought that his welfare spending cities across the country. Why not add to that is any such question obviously chart was the cause of the increase in to a successful experiment like that can be answered in any way. Certainly, the crime rate. with respect to crime prevention ef- the experience of the last 20 or 30 In any event, the Senator from Ne- forts? years, as outlined on the chart there, braska gives me the opportunity to re- These are only a couple of examples would indicate that to so believe that peat the point for which I came to the of where we know that this kind of would be a triumph of hope over experi- floor; that is, there ought to be time in work could work. But instead, where ence that literally dozens or hundreds this debate, which essentially has gone we have 266 job training programs, we of these programs in the past have not on for 1½ years, I think, from the mid- will add a 267. We are going to have I been accompanied by any lessening of dle of last year when we first began to think about 155, or we have 266 juvenile the crime rate, and to think that doing talk about crime, as to whether or not programs, and we are going to add two more of the same thing, particularly by a number of specific programs in this or three more. There is no study of doing it in an uncoordinated fashion, is bill are appropriately a part of a crime which of those work, no relation, no going to have a dramatic and positive bill, or ought to be voted on separately, figuring out what we should add to be- impact on crime is to put it, at least, and whether or not a number of cause it is already highly workable. It without significant proof. anticrime substantive measures, which is just another set of programs of that I will be happy to yield to the Sen- were debated and passed by the Senate sort. ator from Nebraska. of the United States and dropped in The National Community Economic Mr. KERREY. I have a very short this bill, ought to be restored. Partnership, what has that to do at question of the distinguished Senator The only way in which we can have this point with crime prevention? from Washington, Madam President, that debate rather than an amorphous, Would we have passed at a time of bur- and I suspect, by association, the dis- generalized debate on the whole bill is geoning budget deficits a $270 million tinguished Senator from Colorado. to sustain a point of order raised under brand new grant program totally un- The distinguished Senator from the Budget Act, or have a unanimous tied to crime statistics at all had we Washington is a lawyer and has a great agreement that we will go to these voted on it separately, individually? I deal of legal experience, probably has amendments. think not. But one of the things that worked with a lot of charts, and knows I am here simply to say that these we will attempt to do during the course that if this occurs, thus, this follows. are questions that we ought to allow to of the rest of this debate by sustaining I am wondering if the distinguished be debated in the context of specific a point of order is to let the Senate of Senator from Washington believes that amendments aimed at specific grant the United States vote specifically on just because I do a graph that has one programs that are included in this bill. whether or not its Members think that line going up, and another line below is With that, I yield the floor. is the way in which we ought to be going up, that that means necessarily Mr. BIDEN addressed the Chair. spending money. the first line follows the second. I sus- The PRESIDING OFFICER. The Sen- Mr. BROWN. I might say to the Sen- pect that it would be possible for me to ator from Delaware. ator that the contention by the advo- take the very attractive chart of the Mr. BIDEN. I sincerely hope my cates of this pork barrel spending that distinguished Senator from Colorado friend from Washington-I wish he had it would reduce the crime rate flies in and show the stock market increased followed the debate up to now like he the face of our experience. Since 1960, over that period of time. I suspect the says he wants to follow it from here on. we have seen welfare spending explode stock market would go up in real dol- I find this fascinating. I have always from $30 billion to $230 billion, and at lars. thought my wife, a former Republican, the same time we have seen the crime I ask my friend, the distinguished and most of my friends are Repub- rate not go down but go up, over tri- Senator from Washington, would that licans, that Republicans grasp concepts pling in that same period. mean therefore that the stock market as rapidly as Democrats do. 23934 CONGRESSIONAL RECORD-SENATE August 24, 1994 But I am finding that on every issue cause had he paid attention, he would meet again, and then it is not amend- where the Republican minority, and know he made a number of factual able in the other House? I feel a bit in- the minority in the Republican Party, misstatements. I will stand here later secure talking about the Senate rules does not like what is going on, they when he gets to come back to make it with the man back here who literally conclude they need more time. I do not clear, if he wants to debate the points knows them better than any man has think they are really slower. I am sure I am about to raise, where he is factu- in the history of this body-not this that is not true. ally inaccurate. He said this bill went body, but the history of this body. I I do not understand where my friend out of here-this crime bill-that was think he would sustain what I am say- from Washington was as we debated just a nice old bill he voted for. Golly, ing, but he would say it in a more ar- these points the last 6 years. I do not it got over there in that House and ticulate fashion than I am. know where he was the last year when they did something different to it, and I do not understand what these folks we debated this very point that my those old folks got together in that are talking about. They know full well brilliant friend-and he is a brilliant conference committee and they really you cannot amend a conference report. man with two advanced degrees, a very jerked it around, and one of the results You can get a concurrent resolution fine fellow from Colorado-is about to of that was that we cut law enforce- correcting the enrollment at the desk raise. We have debated that point. ment. and all this other malarkey, but you The other thing is that I am also I would like to point out to him that cannot amend a conference report stunned at how so many people who we increased the amount of money without starting a whole new bill over have been around here for a while do spent on law enforcement from the bill again. They know that. Maybe they do not understand how the Congress he thought was a good bill, to the bill not know it, in which case they now works, do not understand the Constitu- he is going to vote down, now by $1.3 know it, and they will withdraw this tion, and the way the process works billion. Factually, $1.3 billion more approach they are taking. But if they here. The way the process works is we money in law enforcement-that was do know it, then they know the truth debate issues on this floor, in this his phrase-now than in the bill he of what they are saying. They want to body, that go into a bill that some- voted for. kill this bill-or at least start from times are not debated on the House Second, factually, we increased the scratch again. side. And the House, golly, they some- amount of money for prisons $3.2 bil- Madam President, I go back to the times debate particular aspects of a lion more than in the bill he voted for. point made that police officers are piece of legislation that we do not de- This bill we are about to vote on, this against this bill. Again, for the 50th bate. That is why we have conference conference report, if they ever let us time, I will put in the RECORD the fol- committees. That is the purpose of a vote, this bill has $3.2 billion more dol- lowing number of pages listing all the conference committee because some- lars than he voted for. law enforcement organizations-I will times one body puts into a piece of leg- So if my calculation is correct, there not take the time to read them again- islation something the other body does is $4.5 billion more-if you count pris- that all endorse the bill. not. Under the way in which the legis- ons as law enforcement-law enforce- My friend from Washington was a lative process was designed to work in ment money in this bill than the bill prosecutor. Maybe that is why he does this country, instead of going back and he thought was so good enough to vote not understand some of this, because repeatedly debating them and debating for. So he is factually-not politically, he focused so much on prosecution. But them on both sides of this Chamber, not rhetorically-he is simply factually the way in which cops always got help, meaning this end of the Capitol and incorrect. I am sure some of his staff the way in which he got help when he that end of the Capitol, we have a con- will call that to his attention. was a prosecutor, the way in which the ference committee to resolve the dif- Third, he says it includes matters States get help from the Federal Gov- ferences. Maybe that is a surprise to that were not debated earlier. Guess ernment for this law enforcement people. I thought everybody knew what? Has he ever found any bill he has thing, is not the Federal Government there were conference committees. ever voted for-see, the public does not says: By the way, we are doing away I thought they knew the purpose of understand this because this is not with the distinction between State and conference committees. My friend from their full-time job to do this. But what Federal jurisdiction and we, the Fed- Washington says "when this bill is ac- we ultimately vote on are not bills. We eral Government, from this point on ceptable." I have news for him: It is ac- ultimately vote on conference reports. are going to pay your bills. That is not ceptable to 57 people here. Is that not That is the only thing that ends up be- how we do it. That is not how it has an unusual thing? It is acceptable- coming a law-a conference report, been done. right now. Right now, this bill, which which is something that the House and We say: You all need some help and we are going to be put through par- the Senate have finally agreed to. We here is the deal. We will put up X liamentary hoops on, is acceptable. do not have two different Governments amount of money if you will put up X The appropriate thing, the proper here, where the Senate passes a bill amount of money. We did that this thing, the precise thing my friend from and the President can sign the Senate year in something my friend from Washington should say is: When this bill, or the House passes a bill and he Washington, if I am not mistaken-and bill is acceptable to me, SLADE GORTON, can sign the House bill. If that were I may be-strongly supported, another and when this bill is acceptable to a the case, we would teach our kids in $150 million for a supplemental appro- minority of us, 41 of us, when we deign school, well, there are House laws and priation in which my friend from West to accept it, then the majority of you there are Senate laws. But there are Virginia made sure the police got, and can have it. not. I understand that one of the great that is how we got it. And that said: The majority of the House already Speakers of the House, Sam Rayburn, Look, for every dollar you want from said this was acceptable. The majority used to have a thing he called the the Federal Government, you have to of the Senate is prepared this moment "Rayburn board of education," to put up a dollar. For every single city, to say it is acceptable. But it is not ac- teach new Members about how the State, county, that came to ask for ceptable. It is not acceptable to my process works. that money that got a penny from the friend from Washington, until he de- Conference reports are what we vote Federal Government, 10 did not get it, bates things which have already been on. They are not amendable. Why do because there was not enough money. debated. But it is not acceptable to my friends think there is a Senate rule So that is why we put more money in him. and a House rule that says once the there. Second, my friend says things-as I conference passes a report and one of Why all of a sudden is it, oh, my said, I wish he had paid attention to the two Houses, the House or Senate, goodness, you mean to tell me we are the debate as closely in the past as he votes for it that the conference is dis- not going to pay forever to pay for the said he is going to in the future, be- banded and they are legally not able to salaries of police officers in our cities August 24, 1994 CONGRESSIONAL RECORD-SENATE 23935 and the counties from the Federal Gov- I gave a list to her today. She asked year so they have a commitment for ernment? I mean, is that really what what is in there to every one of them. even another year, and he says that my friend from Washington thought? The liberal wing of the Democratic one of the problems with this bill is it Holy mackerel, I am sure the staff will Party is for 100,000 cops. The liberal is 6 years long and it cost too much straighten him out on that and explain wing of the Democratic Party is for money, that we commit for too long to him-or it may be that he thought 125,000 new State prison cells. down the road. that. I do not know. If you were not a The liberal wing of the Democratic Keep in mind now, if the issue is local person asking for these moneys Party is not the old wing I knew. So if money, and I would suggest there may and you have never been involved in that is what he defines as the liberal be a little bit of-the fancy word we this, you might think that is what the wing of the Democratic Party, then I used in this body is being "mildly dis- Federal Government does. Madam suspect I would like to see the conserv- ingenuous." President, the Federal Government ative wing of the Democratic Party. I went and got the press release that does not do that, has not done that, is There was another thing my friend was attached to the bill of my Repub- not doing that now. So what is the sur- from Washington said. I will cease lican friends when this conference re- prise? after this. There is so much to say be- port was stalled in the House. They had Madam President, my friend says cause there is so much misinformation press conferences. They went on tele- that these Byrne grants are important going out on the airways now. My vision. They went to the floor here. things. The bill he voted for, where friend from Washington and my friend This is from their press conference there was $23 billion, had no money for from Utah said, "This point of order what they released on June 30, 1994, Byrne grants. Yours truly, me, added a lies," implying it lies because the bill just a couple months ago or 2 months billion dollars in this conference re- is more expensive than the one that ago almost now. Guess what the first port. How can he be unhappy with this left here. They said: "That is a prob- thing it says in here, and I am quoting. conference report on the grounds of lem. We ought to get the cost down on The Republican proposal is a deficit neu- Byrne grants when that has a billion this bill." tral $28.24 billion 5-year plan. dollars in there when he was happy Let us do that. Get that cost down. I know my friend from Colorado is a with the bill that went out of here that They said they are not for anything bright guy and really is quicker with he voted for that had no money for that did not go out of here at $22 bil- numbers than I am because he always Byrne grants? lion. That further confused me because has charts. That is a more expensive I hope you can understand my sense remember when the House of Rep- bill than the bill you say is too expen- of confusion here. I hope anybody lis- resentatives got hung up on the debate sive to vote on because $28.24 billion tening can understand why I am a lit- about racial justice and the House of over 5 years on an annualized basis is tle confused. It astounds me. It Representatives got hung up on the more than $30.2 billion over 6 years. astounds me that a man can come in gun control issue and it looked like the I find incredible the ingenuity of my and say this is a bad conference report conference would not meet because we Republican friends who say the con- because of Byrne grants, and the thing could not get the House to agree to ference report is too expensive, the he said was a good deal did not have come and meet with us, my Republican only bill that made any sense was the Byrne grants, and the conference re- friends wisely said: "Look. Those bill that went out of here that was port that he says is a bad thing has the Democrats are not making any much less expensive, but in the mean- Byrne grant money in it-$1 billion. progress over there. So let us introduce time we propose a bill that is more ex- Now, Madam President, it was also our own bill." And there were big press pensive. Do you all find that confusing pointed out by my friend from Wash- conferences, and the press came to me or is it just me? ington State-and I will not take all and said, "What do you think of that When I regain the floor after every- the time to do all that I would like to new Republican bill?" one speaks here, I hope one of my Re- respond to my friend from Washing- I went back. I thought I remembered publican friends can explain to me how ton-he comes along and he said, "Here that Republican bill that they signed. I they could be for $28.24 billion in a is what I want to do." He said, "What do not know if everyone signed on, but trust fund over 5 years, against $30.2 we ought to do is we ought to just start they usually do everything together, to billion for a conference report for 6 this thing all over again from scratch." their great credit. I do not know how years and for a $22.3 billion bill for 5 Then earlier today, my friend from many they got. Maybe it was 40 or 41 years. Utah, who does know all this stuff be- on, or maybe all, or maybe 20. I do not Again, I have to admit Republicans cause he has been an expert on this and remember the number. But a lot of Re- have always confused me, and I have to deals with it, spoke. It is his jurisdic- publicans said, "This is our alter- admit that particularly minorities tion. Let me make it clear if it were a native." within a minority of the Republican telecommunications bill or health care This is the last point I will make, Party have confused me the most. bill, I do not know much about it. I try and I will come back to these points But make no mistake about it, my to understand, but I do not offer myself after others get to speak. Keep in mind friend from Washington said, and I am as an expert. That is not my job to do now what the premise of my friend going to get the exact phrase, "when every single day like this is in the Sen- from Utah, my friend from Washing- this bill is acceptable," let me be the ate. I am pretending everybody should ton, and possibly my friend from Colo- first to announce, because no one know everything. I wish they would rado is: This bill just costs too much seems to listen, let me announce again pay more attention to the debate and money. This conference report with the bill is acceptable to over 55 Mem- not what someone tells them or what $30.2 billion in a trust fund with real bers of this body. If they let us vote in they read in the paper some advertise- dollars over the next 6 years, that is the next 20 seconds, I promise them I ment they see. My friend says this bill just too expensive. We should have can prove to them that 55 at least, and is a product of the Democrats "bowing stayed with a trust fund proposal that I suspect 63 or 64, but 55 people are for to the liberal wing of the Democratic was $22-some billion, even though the the bill. It is acceptable right now. But Party." increase was because we added more if they want to be petulant and it is Let me define the liberal wing of the cops, we added more prisons, and we not acceptable to them and they want Democratic Party. The liberal wing of added an extra year of commitment to to take their ball and go home, I under- the Democratic Party is now for 60 new the States. stand. They can do that. That is the death penalties. That is what is in this Is it not kind of fascinating that my nature of the rules. But the bill is ac- bill. The liberal wing of the Demo- friend from Washington says one of the ceptable now, right now. If they let us cratic Party has 70 enhanced penalties, problems he has with the cop provision vote by the day's end, it will be on the and my friend from California, Senator is we do not promise the States President's desk probably tomorrow, FEINSTEIN, outlined every one of them. enough, right? Then we add an extra and 100,000 cops will start their way to 23936 CONGRESSIONAL RECORD-SENATE August 24, 1994 the streets, 124,000 prison cells will hope that I might bring a little more clear that a 60-vote point of order does start to be built, and tens of thousands light than heat to the debate in the few lie against the pending amendment. of people's lives will be changed be- words I shall have to say. And I hope The distinguished Senator from New cause they will not be in jeopardy. that I shall speak with an Mexico and I discussed this earlier I yield the floor. "untrammeled mind, not enslaved by today, and we both agreed that it did, Several Senators addressed the passion." that it would lie." Chair. Mr. President, there are some Sen- Therefore, Mr. President, it should The PRESIDING OFFICER. The Sen- ators who would like to defeat this come as no surprise to any Senator ator from West Virginia. conference report by means of a 60-vote that a section 306 point of order would Mr. BROWN. Madam President, are Budget Act point of order against its have lain against that measure or we rotating? consideration. Such a point of order is would lie against this measure. We all The PRESIDING OFFICER. The Sen- indeed available to them under section knew that such a point of order would ator from West Virginia has been rec- 306 of the Budget Act. That point of exist upon the adoption of my amend- ognized. order does not relate to the spending ment, if the conferees agreed to retain Mr. BROWN. Are we not rotating the provided in this measure. Rather, sec- it. speaking, Madam President, which I tion 306 prohibits the inclusion of cer- Now, that is the way it was. understand was the agreement with the tain budgetary matters in measures And all those sayings will I over-swear; Republican and Democratic leaders? not reported by the Senate Budget And all those swearings keep as true in soul The PRESIDING OFFICER. There Committee. Since this measure was not As doth that orbed continent the fire has been no order to that effect. reported by the Budget Committee, yet That severs day from night. The Senator from West Virginia is reduces discretionary spending caps The trust fund is a novel concept recognized. and creates a new category of spending, which should be used only rarely, but (Mr. CAMPBELL assumed the chair.) namely the Violent Crime Reduction crime in this country is a major, major Mr. BYRD. Mr. President, may I say Trust Fund, the conference report is crisis that justifies this approach and to the distinguished Senator, I will not subject to such a point of order. the conferees in their wisdom realized be long. The' very same point of order as has that fact. Mr. President, after Caesar had spo- been stated on this floor by numerous With regard to the trust fund, as my ken in the Roman Senate, protesting Senators could have been made against colleagues will recall, the crime bill against the death penalty, Sallust- the underlying bill. The Violent Crime passed by the Senate last year author- meaning Gais Sallustius Crispus, a Reduction Trust Fund was included in ized 77 percent of trust fund spending Roman historian who lived between the that bill by a Senate amendment, for strengthened law enforcement ef- years 86 and 34 BC-in his report of the which I offered on November 4 of last forts-specifically, 50 percent for in- debate, writes that for the accomplices year. In fact, the very distinguished creased State and local assistance and of Catiline, Cato, when called on by the Senator from New Mexico [Mr. DOMEN- strengthened Federal efforts to control Consul to speak, demanded that they Ici] and I discussed this very point be- our borders; and, 27 percent for State be put to death under the ancient laws fore the amendment was voted upon in prison construction grants. The re- of the Republic. From Cato's speech, I the Senate. The vote on the amend- maining 23 percent of the trust fund ment quote only the following strain: was 94-4, with the same people was authorized for spending on preven- who would now raise the point of order Do you think it was by arms that our an- tion programs. That was last year, voting in favor of the amendment at cestors raised the State from so small begin- when the Senate passed the bill. nings to such grandeur. * * * that time. I might add, Mr. President, The crime bill conference agreement that among the cosponsors of the But there were other things from which on the floor today has a similar they derived their greatness. * * * They were amendment were Senators DOLE, industrious at home, just rulers abroad, and anticrime emphasis, with 77 percent of HATCH, GRAMM of Texas, MACK, THUR- the trust fund authorized for increased to the Senate chamber they brought MOND, DOMENICI, MITCHELL, BIDEN, SAS- Federal, State and local law enforce- untrammeled minds, not enslaved by pas- SER, KERRY, DODD, DORGAN, CONRAD, sion. ment efforts and, again, 23 percent for D'AMATO, COHEN, LIEBERMAN, BRYAN, "* * * and to the Senate Chamber they WOFFORD, ROBB, HOLLINGS, and LAU- prevention programs. The only dif- brought untrammeled minds, not enslaved ference-the only difference-is the by passion." TENBERG. Let me go through that list again. shift within law enforcement to pro- Mr. President, I have listened to this Among the cosponsors of that amend- vide even greater assistance to States debate as much as I cared to listen and ment were Senators DOLE, HATCH, for prison construction. In essence, this as much as I could bear to listen at GRAMM of Texas, MACK, THURMOND, DO- conference agreement acknowledges times. I have viewed and listened to it MENICI, MITCHELL, BIDEN, SASSER, the fact that if we want the States to from the chair. I have listened to it KERRY, DODD, DORGAN, CONRAD, follow the Federal lead and mandate from my office and viewed it on the D'AMATO, COHEN, LIEBERMAN, BRYAN, truth-in-sentencing, then we have to screen, and I have listened to it at WOFFORD, ROBB, HOLLINGS, and LAU- help by assisting the States with the home in the evenings. TENBERG. funding to build more prisons. There has been a great deal of edifi- To act as though this conference re- In total, the crime bill conference cation in my doing so. But there has port creates some new unforeseen agreement authorizes nearly $13.5 bil- also been, I think, Mr. President, too Budget Act point of order is a bit lion for law enforcement assistance, in- much of the use of political assault ri- disingenous, to say the least. During cluding $2.6 billion for increased Fed- fles. I think there is too much politics the debate on my amendment, Senator eral efforts and $10.8 billion for State involved in this debate. That has DOMENICI stated the following: "I am and local assistance. Of particular note struck me, as I have listened to this de- sure the distinguished chairman agrees is $8.8 billion to hire additional police bate-the crossfire, the sniper fire, the with me that the pending amendment officers in communities throughout political ambush. And that is not edify- violates section 306 of the Congres- America; $1 billion to expand the popu- ing, or informative, or instructive to sional Budget Act, which prohibits con- lar and effective Byrne Formula Grant the people who are watching their tele- sideration of legislation under the ju- Program; $200 million for additional vision sets throughout the land. risdiction of the Budget Committee local prosecutors; $240 million for rural I would like, Mr. President, if I could, that has not been reported by the drug enforcement; and $1.2 billion to just for a few minutes, to speak a bit Budget Committee. The section 306 strengthen border enforcement. more seriously and soberly. I do not in- point of order can only be waived by an Another $9.7 billion is included in tend to engage in the Democrat-versus- affirmative vote of 60 Senators." this conference agreement for State Republican crossfire, the flowing of I then responded to the Senator from prison construction grants and for the partisan charges and countercharges. I New Mexico as follows: "I want to be reimbursement to the States for the August 24, 1994 CONGRESSIONAL RECORD-SENATE 23937 costs of incarcerating illegal criminal First, the Federal Workforce Re- Let me make clear that any Senator aliens. structuring Act of 1994 was enacted who has problems with some of the On the prevention side, a total of $7 into law earlier this year. That is law. funding provisions of this legislation billion is included in this conference And that act sets annual civilian per- need not kill this bill to have his or her agreement to support drug courts, im- sonnel reductions for the Federal Gov- problems addressed. plementation of the Violence Against ernment for each of the years 1994 This is not an appropriations bill. Women Act, drug treatment in State through 1999. I have here CBO's analy- This is an authorization bill. Not one and Federal prisons, and the Local sis of the effects of those personnel re- thin dime-not one-not one thin dime Partnership Act. ductions which, as I have said, are re- is appropriated in an authorization So, for those who come to the floor quired to be made by law. bill. This legislation will be without to oppose this crime bill conference The law says they will be made. That teeth, as far as funding is concerned, agreement and suggest that it is laden is what the law says. I cannot change until the Appropriations Committees with "social programs", let the record it. Mr. President, you cannot change it. act each year to fund the provisions of show that this simply is not the case. For that law to be changed, Congress this crime bill. Any Senator can ad- The conference agreement now before must change it. That is the law. Until dress programs or provisions not to his this body contains the same emphasis Congress changes it, that will be the or her liking at that time. "There are on prevention that my colleagues on law. many events in the womb of time both sides of the aisle supported by a For 1994, according to CBO, Federal which will be delivered." So, Mr. Presi- vote of 95 to 4 just 9 months ago. Twen- civilian personnel had to be reduced dent, if somebody thinks there is pork ty-three percent of the trust fund will from 2,103,600 to 2,084,600 (a reduction in this bill, let them offer an amend- support prevention programs--pro- of 19,000 positions); for 1995, such per- ment to future appropriations bills to grams that are primarily antigang in sonnel reductions will have totaled remove it. focus and which permit localities flexi- 76,475; and by the end of 1999, total Fed- That will be the time, this will be the bility in their implementation. eral civilian personnel reductions will place. That will be the legislation on For instance, the term "midnight equal 221,300, according to CBO. which to act to remove any perceived basketball" has crept into the debate Second, the CBO analysis calculates so-called pork. in a very disparaging way. Some State the annual budgetary effects which will No special vehicle is needed for that. and local communities may prefer to occur from the above-stated Federal ci- There is no need, may I say to my use their grants for midnight basket- vilian personnel reductions. friends on the other side of the aisle in ball, or for 7 p.m. basketball, or 5 p.m. Those reductions are going to be particular, there is no need to attempt basketball or 6 a.m. basketball; others made. The law says so. They have to be to reopen this conference report to do may want to use their grants for boys made. How they will be made-by attri- that. Those claims are a ruse to dis- and girls clubs; and still others may tion, whatever-they will have to be guise an effort to kill this bill. use their grants for programs to pre- made. That is what the law says. You If there is the perception that there vent crimes against the elderly. These cannot get around that law. is pork in this bill, the time to remove and others are qualified activities but Now, what are the annual budgetary the pork is when the appropriations are not mandates. In the final analysis, effects of those personnel reductions bills come before the Senate each year. local communities-my home town of which are set in place by law? That is where the funding is. That is Sophia-will have the right to choose. Over the period 1994-1999, CBO esti- where the money is and if there is They are the ones on the firing line. pork will be This conference agreement provides mates the savings will be $34.29 billion pork, that is where the offer an amend- greater budgetary control than did the in budget authority and $33.59 billion and any Senator may Senate-passed bill last year, combined in outlays. ment to remove it. Therefore. Mr. President, the facts It is simply not accurate for any with greater flexibility to fund those Member to claim that there is a need programs through the annual appro- are that we have enacted into law the to take down this entire conference re- priations process. Federal Workforce Restructuring Act No element of the trust fund is off- of 1994 which, unless changed by law, port because of dissatisfaction over budget and a separate sequester proc- will result in Federal civilian person- some funding provisions. The appro- ess is created to ensure that each year nel reductions totaling 221,300 positions priations process is still alive, it is crime trust fund expenditures stay over the period 1994-1999 and these per- well, and it still remains as a good ve- within the amounts provided in the sonnel reductions will result-accord- hicle and the proper vehicle for ad- act. ing to CBO-in budgetary savings to- dressing the funding specifics of this The conference agreement also al- taling $34.29 billion in budget authority crime bill. lows the Appropriations Committees and $33.59 billion in outlays. So let no one hide behind dissatisfac- each year to transfer up to 10 percent The Violent Crime Reduction Trust tion over one or two provisions in this of the funds authorized from any par- Fund, which is authorized in the pend- important crime bill. There will be an- ticular program to any other program. ing conference report, will receive an- other turn at bat next year without to- This gives the House and the Senate nual deposits over the period 1995-2000 tally killing this important legislation. the opportunity in each of the next 6 which will total $30.2 billion. I may have changes I will want to try years to examine carefully the various Let me say that again. The Violent to make at that time. Others may have programs for which authorizations are Crime Reduction Trust Fund, author- changes. But, let us not be so insistent provided in this act and to set the ized in the pending conference report, on perfection that we take down a funding levels for them in the appro- will receive annual deposits over the major piece of important legislation- priations bill. period 1995 to the year 2000 which will one of great benefit to the citizens of Certain Senators during this debate total $30.2 billion. this Nation, many of whom have been have stated that the savings in Federal As one can see then, the savings over terrorized by crime in our streets-on civilian personnel costs, which were the period 1994-1999 from the Federal the thin, flimsy reed of needing to anticipated in the creation of this trust Workforce Restructuring Act of 1994 make a correction here and now. That fund, will never occur. Therefore, they are more than sufficient to fully cover claim is not justified and just not so. say that we are, in fact, going to be in- the entire trust fund authorizations Mr. President, the people of this Na- creasing the deficit if we fully fund the contained in this act. Furthermore, tion are watching this Senate. I hope programs authorized in this act. That there is no deficit spending in this act. they are. I hope they do not get turned is simply not correct. There is no spending in this act at all. off by the political sniping, the par- Mr. President, their "words are a This is not an appropriations bill. The tisan firing of political assault weap- very fantastical banquet-just so many spending will only come about in an- ons. They are not watching Democrats strange dishes." nual appropriation acts. or Republicans. They are watching one 23938 CONGRESSIONAL RECORD-SENATE August 24, 1994 of the bedrock institutions of their ons are overflowing. How long is this conference report. Let me be specific Government. Are we going to prove to Senate going to wait to act? How long because it is important to understand them that inside the beltway here we are we going to let the people "twist that measures which were approved by live in a cocoon? Surely we have only slowly in the wind" while we engage in overwhelming votes in the Senate and to take note of the killing and crime partisan argumentation on this Senate which had significant support in the that go on here in the District of Co- floor? How long will we continue to let House were just dropped from the con- lumbia where we meet at this very mo- the problem of rampant, violent, crimi- ference report. ment to realize that we have a horrific nal activity terrorize law-abiding citi- Included in the items that the con- problem in this Nation concerning vio- zens while our monumental egos lock ference committee simply omitted lent crime. in mortal combat? from the bill was the criminal alien de- No wonder people have questions Let us pause and remember the words portation provision offered by the dis- about the efficacy of their govern- of the Preamble to our Constitution: tinguished Senator from Wyoming. mental institutions when we behave in We the People of the United States, in This measure passed overwhelmingly this fashion. No wonder people are frus- Order to form a more perfect Union, estab- in the Senate. It calls for the expedited trated with this Congress. We dither lish Justice, insure domestic Tranquility, deportation of illegal aliens who have and posture and we insist on having provide for the common defence, promote been convicted of violent felonies. Let our own way while people out there are the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do me repeat that. For someone who is being brutalized, raped, robbed, and ordain and establish this Constitution for convicted of a violent felony and who is murdered by criminals. How can one the United States of America. an illegal alien, this provided for their claim to be tough on crime and then Note the words "promote the general expedited deportation. vote to hold up this bill on a proce- welfare." That does not mean the gen- The conference committee was so lib- dural point of order-a point of order eral welfare of a political party. It does eral that they left that out of the bill that was discussed when this bill was not mean the "general welfare" of any entirely even though this body over- initially before the Senate and that one special interest group. Those hal- whelmingly approved it. That needs to was deemed not useful to raise because lowed words "promote the general wel- go back in. It needs to go back in not of the critical importance-the critical fare" do not mean the general welfare because it represents my view or an- importance-of this bill. of any Senator's campaign for reelec- other's view but because it represents That is why it was not raised. I said tion to this body or to any Senator's the view of the American people. it could be raised. Mr. DOMENICI said it The campaign for the Presidency, or for second provision, the Dole- could be raised. But we deemed it of any other office. Hatch-Brown Federal anti-gang provi- such importance at that time to pass They mean the "general welfare" of sion. As the distinguished President is the bill that it was not raised. the people of these United States. well aware, in Colorado we have had a This is the type of posturing which Please let us stop this ruinous public number of gang members come in from will ultimately make the Senate an display of partisan trench warfare on California, gangs moving from Los An- irrelevancy-ultimately make the Sen- this floor. Let us remember why we are geles to Denver and Aurora and setting ate an irrelevancy-in the life of this here, rise to the occasion, act like Sen- up shop. Nation. If we cannot respond to the ators, and do something that will help If you talk to the Aurora police, you overwhelming violence in this Nation us all, regardless of party. There is quickly find that they not only know when people are afraid on the streets of nothing which would more "promote the names of the gangs and that the their own communities and behind the the general welfare" in the short run gangs are the same as the Los Angeles locked doors of their own homes, per- than to pass this worthy crime legisla- gangs, but the organization is similar. haps we are already irrelevant. tion. They have literally moved hundreds of If we cannot put aside our own small People are dying. People are suffer- gang members from California into the personal nits and picks, our fear of cer- ing. Lives are being shattered. It is Denver area. They sell drugs; they sell tain special interest groups, our fixa- time to come together, for our people, crack cocaine; they engage in a wide tion on partisan warfare for an issue as and let this measure pass. variety of violent crimes. There is an critical and as pervasive as rampant I yield the floor. urgent need for Federal involvement to violent crime in our streets, then how Several Senators addressed the address the interstate nature of this vi- do we dare call ourselves Senators? Chair. olence problem. How can we claim to be representa- The PRESIDING OFFICER. The Sen- One of the roles of the Federal Gov- tives of the people when the people's ator from Colorado. ernment is simple identification. Fed- major concern falls upon deaf ears in Mr. BROWN. Mr. President, I wish to eral assistance in identifying gang this body and we trivialize the debate pay tribute to the distinguished chair- members that are traveling across by putting political party first before man of the Appropriations Committee State lines to set up a nationwide gang the people, before the Nation? for his thoughtful discourse. While we system is a Federal challenge and In conclusion, let me repeat my en- come to a different conclusion in this ought to be addressed. That has over- dorsement of the crime bill conference matter, his factual presentation was whelming support. It was simply agreement before the Senate today and most helpful in the debate and it pro- dropped by the conference committee. urge my colleagues to support its vides a basis for working together as That does not represent the will of this prompt passage. Enactment of this we move forward. body, nor the will of the American peo- crime bill will make a difference. It Mr. President, I do not intend to take ple. will authorize additional police officers a long time, but I do want to lay before A third provision is the Moseley- to communities throughout America; the Senate some of the reasons for rais- Braun prosecution of violent juveniles. it will strengthen Federal enforcement ing the point of order. It stems from This provision passed in the Senate and of our Nation's borders; and it will pro- the fact the conference committee that was dropped by the conference commit- vide the prison beds to prevent the was appointed was far more liberal tee, again, defining itself as much more Russian-roulette release of violent of- than both Houses. Indeed, it drafted a liberal than our membership or that of fenders before they have served their conference committee report that is the House. full sentences. not only inconsistent with what the What did the Senator from Illinois Mr. President, crime is a terrible American people want but also incon- want to do? She focused on mandating problem in our land. Our people fear for sistent with what both the House and prosecution of violent juveniles as the safety of their children and their the Senate enacted. adults in those circumstances where grandchildren. Metal detectors are be- Those are serious charges, but I they involved a Federal sexual offense coming familiar fixtures at our school- think it is important for Americans to or Federal crimes of violence with a house doors. How shameful! Our pris- understand what was left out of this firearm. In those two circumstances of August 24, 1994 CONGRESSIONAL RECORD-SENATE 23939 violent crime she asked for juveniles to which was $22.3 billion. The difference able to the body an alternative so that be tried as adults. is that our bill was paid for and the the bodies can work their will. It is a I remember the moving speech that committee report is not. How is it not device to allow the majority in both she made on this floor. To take that paid for? Two years of spending are the House and the Senate to make it- amendment out and throw it away does added during which the discretionary self heard. That is not within our rules. not symbolize a real commitment to spending caps are not lowered. And it is a tragedy because it leads to the wishes of this body or to strong law So two things are different about this circumstances like this where a bill enforcement. Our distinguished col- bill as it comes from the conference comes back from conference that not league from Colorado, Senator CAMP- committee than when it left the Sen- only does not represent the will of the BELL, has been a leader, both at the ate. When it left the Senate every Senate, but does not represent the will State level and the Federal level, in en- penny it spent was paid for by lowering of the American people either. suring that those people who use a fire- the caps. As it comes back to us, 2 And lastly, there is a dramatic dif- arm in the commission of a crime re- years of spending are added where ference that exists between the U.S. ceive strong, tough penalties. there are no caps-S6.5 billion in 1999, Congress and Colorado and most State I remember the Campbell amendment and $6.5 billion in the year 2000. That is legislatures. Conferees are normally that strengthened and toughened pen- why people have problems with this limited to the scope of the differences. alties for people who misused firearms bill. It is different than what left the Keep in mind what happened here: This in that way. The Federal mandatory Senate. It is not paid for. bill came out of the Senate spending minimum sentences for using a firearm I have heard the President on tele- $22.3 billion. It went to the House, and in the commission of a crime were vision a number of times talk about they made it $27 billion. It goes to con- dropped from our bill and not included how strong a bill this conference report ference, and they compromised on $33 in the conference committee's report. is because he holds it out that it is paid billion the first time and a little over It was because the conference commit- for. It is not paid for. If the President $30 billion the second time. I suppose if tee was far more liberal than this body. wants a bill that is paid for, he is going you have a sense of humor this appeals They did not represent us when they to favor the amendments that will be to you. To say my position is $22 bil- went to the conference committee. offered after the point of order is made lion and your position is $27 billion and Men and women of good conscience and upheld. If the President means we are going to compromise on $33 bil- will disagree on the propriety of man- what he says, he does not want the con- lion or $30 billion may show a lot for datory minimum sentences. But there ference report kept in its current form. your flexibility. But it does not show a is one such penalty that I find difficult That is why there was no need to darned thing for your math. to believe was dropped by the con- offer a point of order when it left the This conference committee, so far to ference committee: mandatory mini- Senate: it was all paid for when it left the left of this body, ignored the clear mum sentences for selling drugs to mi- the Senate. When it came back, it was wishes of both the House and the Sen- nors. People who sell drugs to our not paid for. ate. As a consequence, the conference kids-that is what we are talking There are some additional changes committee denies the House and the about-who sell drugs to our kids or that occurred. I will not go into all of Senate the ability to make their will. who employ children in the drug trade, them. But let me simply sum it up by That is why this point of order is being deserve a much tougher sentence. That saying this: What we have before us is offered, to simply allow people to vote was dropped by our conference commit- dramatically different, and it is dra- on the real issues and let the majority tee-once again, far more liberal than matically different because it left out of both the House and the Senate work this body and far more liberal than the some of the strongest anticrime provi- their will. American people. sions that were included in the Senate. The real underlying problem with When the bill left this Senate, it was The omission of these tough penalties this is the breakdown in our conference paid for. There was a total of $22 billion is a result of the conferees simply ig- system, a breakdown in the system in the crime fund and a $22.3 billion re- noring the wishes of the Senate. that denies the majority to work its duction in the discretionary spending That is why this bill has been fussed will. caps. That trust fund that passed the about in the House and the Senate. It Some have replied that Republicans Senate was paid for. is why it has taken far longer to pass are trying to stop this bill or slow the Let me quote a letter from the dis- than it should have. It is because we bill down. Nothing could be further tinguished chairman of the Budget have conferees, theoretically rep- from the truth. I want a vote on this Committee which was introduced into resenting the Senate, that have simply bill. I want a vote on the real alter- the RECORD on August 22 by the chair- forgotten their obligation to the Sen- natives, and I want to get on with it. I man of the Judiciary Committee. Here ate and have not stood up for the spe- think the American people deserve a is a quote: cific provisions that we insisted upon strong anticrime bill. Next, the violent crime reduction trust once, or even twice. Is this a way most Mr. President, the facts are these. fund language reduces the caps on discre- legislatures do business? No; it is not. Only 1 out of 10 serious crimes results tionary spending. This ensures that the Con- The State legislatures of most States in imprisonment in this Nation. If gress cannot use these savings for any other you have purpose. If any Senator sought to spend this operate conferences in a dramatically there is a question as to why money to spend in excess of newly lowered different way. Let me be specific be- a breakdown of law and order, it is be- caps for any purpose other than the crime cause these are fair changes that we cause there no longer exists the cer- bill, then any other Senator could raise a ought to institute here. tainty that if you commit the crime point of order that would take 60 votes to First of all, we should demand that you will do the time. As a matter of waive. the meetings be open. No secret ses- fact, 9 out of 10 serious crimes do not That quote is from the Senator from sions should occur. We should demand result in imprisonment. Tennessee, the chairman of our Budget that conferees give notice of when they We have established the opposite of Committee. That is a very important are going to meet. That was not done certainty of punishment. We have point because our distinguished appro- here either. Members met in secret adopted a system that provides a high priations chairman referred to that without public notice. probability of no punishment. Three trust fund and those caps. Third, Colorado and most States out of four convicted criminals are not Mr. President, the difference between allow for minority reports. That is, if incarcerated. This is part and parcel of the bill that is before us from the con- the conferees are not able to agree in why ignoring the mandatory minimum ference committee and the bill that we conference, they allow someone who is sentences is such a serious matter that passed is not just in the amount of not in the majority in the conference ought to be dealt with. money; that is, this bill spends over $30 to send back a minority report. The Mr. President, I want to draw the at- billion versus the one that left here purpose of it is simply to make avail- tention of the Members of this body to 23940 CONGRESSIONAL RECORD-SENATE August 24, 1994 the chart that I have on my left. It has a proposal by Representative Conyers assist such youth in making healthy been suggested by a number of Mem- for an economic stimulus. The bill that and responsible choices. Mr. President, bers of this body that the $6 billion to he introduced, H.R. 5798, which this we have described almost every desir- $7 billion of pork barrel spending in provision was lifted from, does not able, nice attribute we can with all this bill would reduce crime. In fact, it even mention crime. Let me emphasize these new spending programs. But, is called that; it is "crime reduction or that. The bill does not even mention once again, they duplicate ones that crime prevention money." The sugges- crime. It was put on the crime bill, are in existence, and they lack any tion is that if you spend more money frankly, because it could not pass on clarification, any clear goals or any on welfare or programs of this kind, its own merits. It involves $1.6 billion, significant, long-term record of you will reduce crime. and in the words of the original Con- achievement of those goals. Mr. President, let me acknowledge yers bill,-the legislation is to address The National Community Economic that there are many good programs, "declining social services." Partnership gives away $270 million in and some could well have that impact. I ask Members to consider whether or taxpayer dollars to encourage private But to suggest that the key to reducing not they think this $1.6 billion really is investment in distressed local commu- crime is to increase this kind of spend- going to reduce crime. nities. Private investment is encour- ing simply is not borne out by the The Model-Intensive Grant program. aged with $270 million in "nonrefund- facts. Most State legislatures, when That is a creative label. It spends $625 able lines of credit." they come up with spending programs, million to find meaningful alternatives Ask yourself: are Government hand- will do something more than just pass to crime. This may include a new outs to encourage community eco- them. The conscientious legislators recreation center in some lucky Mem- nomic partnerships the answer to will ask the proponents of the program: ber's district, or improved public trans- crime? Tell me what results you expect. They portation, or almost anything else you The key to economic prosperity is do not just put the rhetoric out there. can think of-except criminal punish- not Government handouts. If it were, They say: Write it down for me. Put it ment. Could some of the money go for our growth rate would be the greatest in figures. Whether it is $5 billion a good purpose? Certainly, it could. in the world. Think about it for a more, $6 billion more, or $7 billion But should we not, as guardians of the minute. If the real key to economic more, how much will that reduce the public money and as those who take progress, either in the inner cities or crime rate? What specific results do people's hard-earned savings away from the Nation as a whole, were more Gov- you expect from the expenditure of them in taxes, demand specifics before ernment handouts and national com- public money? That is good budgeting we hand out the dough? munity economic partnerships and and good common sense. When you The Family and Community Endeav- Government subsidies, then why have spend the taxpayers' dollars, you spe- or Schools Grant Program. This pro- we not had runaway growth in the last cifically identify a goal that you ex- vides $243 million for academic and so- several decades? It is because we have pected to accomplish. cial development, and educational, so- had runaway Government handouts The thesis is that this additional cial and athletic activities, nutrition and runaway Government spending. spending of $6 billion to $7 billion services, mentoring programs, and pa- The truth is that real economic would reduce the crime rate. Ask your- rental training programs. It provides progress is not the product of Govern- self what our record has been. Since $243 million. ment handouts and subsidies. If it 1960, welfare spending in the United Mr. President, if these programs were were, we would not have a problem to States has gone from $30 billion up to the key toward reducing crime, why talk about. The truth is real economic $230 billion. It is much higher right have the ones we have tried not growth comes from rewarding people now. If the thesis that higher spending worked? We have 154 job training pro- for hard work, allowing productivity on welfare items and on Government grams on the Federal level on the and incentive to foster in the society, social programs were the key to reduc- books now-154. I know of nobody who and letting Government eliminate the ing the crime rate, you would expect comes to the floor and says they are a regulations that impede the creativity almost an eightfold increase in welfare ringing success, that they have solved of each individual. spending to have reduced the crime the problem of unemployment. If 154 This measure is not a blueprint for rate. If that were your thesis, you Federal programs for job training have increasing economic activity. It is an- would expect almost an eightfold in- not worked, why will three new ones in other failed program. crease would have wiped out crime en- this bill make the difference? The Other pork includes the saturation tirely. What happened to crime? The truth is that what is missing is not jobs program, again duplicating 154 ex- crime rate tripled at a time when wel- more Federal grant money or Federal isting programs, midnight sports fare spending exploded almost eight- training programs. What is missing is leagues, supervised sports recreation fold. The crime rate tripled. far more serious than that: it is real programs, ana funds for recreational Mr. President, I am not suggesting crime control. facilities. that the increase in welfare spending The Community Schools, Youth Many of these sound good. But we caused the increase in the crime rate. I Services and Supervision Grant Pro- ought to at least allow a separate vote do not know of strong, valid proof that gram. This one gives $567 million to on these items. We ought to at least would show that. But I do know that private community organizations. The ask ourselves if they are real crime those figures are relevant to show that money is earmarked for supervised prevention measures, how much crime an increase in Government welfare pro- sports programs, extracurricular, and they will prevent, how they will reduce grams and an increase in Government academic programs, including entre- the crime rate, and what we expect social programs are not the key toward preneurship, cultural, health programs, from them. reducing the crime rate. There is no social activities, arts and crafts, dance Almost all of these programs dupli- other conclusion. If you honestly be- programs, tutorial, and mentor pro- cate existing programs that have lieve that we can solve this crime rate grams. The money can also be used for failed, that have not done the job, that simply by more spending, please look renovation of facilities. Once again, have not reduced the crime rate. at the facts. The facts indicate that it there is no clear objective and no clear It does not mean that we give up. It has not worked, and I do not believe it indication of what we are going to get does not mean that we do not try. But, will work. for the funds. Once again, there is du- Mr. President, I personally believe it is Mr. President, some have said these plication of existing services. appropriate to ask Members to at least pork programs can accomplish some There is the Assistance for Delin- vote on these programs. I personally good. Let me go through some of them. quent and At-Risk Youth which pro- believe it is appropriate to put back The Local Partnership Act is in- vides $36 million to fund activities to into the anti-crime bill the tough pen- cluded in the conference report. This is increase the self-esteem of such youth, alties and the mandatory minimum August 24, 1994 CONGRESSIONAL RECORD-SENATE 23941 sentences that can make our streets comes now from the conference, has with great interest that the distin- safer. eliminated many provisions that the guished Senator from Colorado did not People who use a firearm in the com- American people strongly support. It talk about accountability for the mission of a violent crime ought to do includes a number of pork barrel hand- money we are spending on prisons or additional time. This crime bill should outs that the American people strongly the money we are spending on law en- not be simply an excuse to hand out oppose, and I do not believe we do our forcement, both of which are about 80 more Federal money, but it ought to job properly if we do not address these percent of this particular piece of legis- reflect our commitment and our con- issues to make a good, get-tough crime lation. viction that the safety of our streets is bill. As I said, when I talk to law enforce- important and worth protecting, that I yield the floor, Mr. President. ment people in the State of Nebraska, it is far more important than a simple The PRESIDING OFFICER (Mr. they are not sure any of it is working. pork barrel bill, that it is far more im- WELLSTONE). The Senator from Ne- I heard a very rock solid conservative portant than simple Government hand- braska is recognized. chief of police in Grand Island say to outs. Mr. KERREY. Mr. President, the me the other day when talking about Mr. President, I intend to vote to statement I will give to you-but I this piece of legislation which he sup- sustain the point of order if it comes must say I was listening very carefully ports say," I have been arresting peo- forward. I intend to vote for respon- to the distinguished Senator from Col- ple for 30 years and thrown them in sible amendments to put the crime bill orado. I would like to respond to some jail. I am not sure any of it is working back into the form both by Members of of the things that the distinguished any longer." this body and by the House intended it Senator said. This question of accountability, what to be in. I have a great deal of respect for the works and does not work, is not just in The President said the crime bill was Senator from Colorado. He and I earlier prevention. It is also in the area of paid for. We ought to make sure it is this year both went into the tank on a prisons and law enforcement. paid for. The President talked about specific proposal to cut spending, a pro- I think an honest person would come 100,000 new policemen. Critics have posal for which I have been rewarded to the floor and say, "We are not sure pointed out that there is only enough still with letters from constituents what is going to work. We know that money in the bill for 20,000 policemen, who say they may never vote for me something needs to be done. We know not 100,000, and that money is phased again because of the cut proposal that action needs to be taken. Gosh, we do out over time. I do not accuse anyone I put in there. So I appreciate his lead- not know." of bad faith coming up with the 100,000 ership in that regard. I, indeed, point out that colleagues number. Let me say, Mr. President, that one are concerned on the preventive side, My own estimate is that the dif- of the promises that I made to the peo- unlike the law enforcement side and ference lies in the ancillary cost, the ple of Nebraska is to do something prison side. because of concern for ac- cost of training policemen, the cost of about crime. Thus, I have spent a lot of countability. equipping the policemen, the cost of time with law enforcement officers, po- We have written in on page 64 lan- providing the car, the salary increases lice chiefs, sheriffs, county attorneys, that says that all grant applica- and fringe benefits. guage I think it would be foolish to think prosecutors, defenders, people who tions have to have specific measure- that we are going to get 100,000 new po- work with children, judges, school ment accounts for youths served by the lice officers. But I do think we ought to teachers, parents, and community lead- program. We do not have that kind of have a chance to work on that, so that ers. I have spent a lot of time, and I outcome requirement for law enforce- we can actually make it happen. must say that one of the most difficult ment or for prisons. We do put it, I One alternative that I hope will be things that you have with crime is think quite appropriately, given the considered by this body is the sugges- there are not any clear answers, there imprecise nature of the programs on tion that I received from the mayor of are not any real simple easy solutions. prevention area. Denver just recently. He suggested we But there is one thing I am quite cer- The distinguished Senator from Colo- use some of the money for policemen to tain about, and that is that the people rado says this bill does not express the provide overtime pay to their existing of Nebraska, if they read this bill, will of the American people. I hope we police force which is already trained, would not judge it to be liberal. Indeed, have the debate. My advice to the ma- already equipped and which can work I expect, and I already know, in fact, jority leader is do not lose this debate. overtime. By using some of this addi- that the liberals in Nebraska, particu- Let us come down and look through all tional money for overtime pay, we can larly those who work on the defense 33 titles. Let us read to the American circumvent the extra costs and make side of the equation, are opposed to the people. Let us tell them what is in this the dollars go further. bill. They do not like the death penalty bill. Let them decide, do they want Re- And last, Mr. President, let me say provision. They do not like the manda- publicans and Democrats to come to- this: it is not unreasonable that people tory minimum provisions. There are a gether and vote for this piece of legis- who act in good faith and good con- lot of things in this bill they do not lation? science will come to different conclu- like. I must say, based upon my conversa- sions about crime. That is not to sug- I can understand why a liberal will tions with people in Nebraska who gest that one side has a monopoly on come to the floor and say "I am want a conservative approach to law the truth. The truth is that compassion against this bill." I would greatly re- enforcement, and I will speak to that and assistance at times can well be spect that conclusion. I must say I do later, I must say my reading of this bill helpful. It is also true that tougher not understand how someone who says there may be things in there they do penalties must be used as well. "my philosophy is conservative" comes not like. If we are to solve this problem that to the floor after reading the particular I indicated earlier I expect liberal goes to the very core and the very bill in question. I know there are lib- Nebraskans are going to oppose this heart of American society, we have to erals in Nebraska who oppose this bill bill. They, in general, will say, look, be willing to move in both directions. because, in fact, it does take a very you made a good-faith effort to listen But we must insist that those who rep- tough stance on law and order and, as and try to put something in place that resent this body in conference are true a consequence, they will have opposi- will change the way things are going to the Senate. We must insist that the tion, and I respect and appreciate that. and make oar streets and communities conference bill reflects the will of the Second, Mr. President, I heard the safer. Senate, the will of the House, and the distinguished Senator from Colorado I hear the distinguished Senator from will of the American people. talk a lot about the pork in this pro- Colorado talking about changes that The bill, as it comes from the con- posal, particularly the $6 billion over 6 were made in the House having to do ference, does not do that. The bill, as it years program for prevention. I noted with criminal illegal aliens, gangs, 23942 CONGRESSIONAL RECORD-SENATE August 24, 1994 prosecution of violent juveniles, and For all the hoopla about pork and shootings, and carjackers who murder. minimum mandatory sentences. I sup- waste, the Violent Crime Control and It mandates life imprisonment for port all the things that distinguished Law Enforcement Act of 1994 author- criminals convicted of three violent Senator from Colorado was talking izes us to spend an average of $5 billion felonies or drug offenses. It increases about. per year, ranging from a low of $2.4 bil- or creates new penalties for over 70 But I say to Americans who are lion in 1995 to $6.5 billion in the year criminal offenses, primarily covering watching this debate, do not believe, 2000. That average figure is less than violent crimes, drug trafficking, and by implication, that there is nothing in one-third as much as we spend per year gun crimes. this bill dealing with criminal illegal on foreign aid; less than one-half the Nebraskans feel like we are being aliens or gangs or prosecution of vio- amount we spend on the farm bill; and suckers when it comes to immigration lent juveniles or minimum mandatory one-ninth of the amount we will spend enforcement. That is why this bill pro- sentences. just to cover the increased cost of Fed- vides expedited deportation for aliens Again, I say, I expect that liberal Ne- eral health care programs. who are denied asylum. It increases braskans in fact will not like titles 13 If you compare the volume of our penalties for smuggling aliens and for and 14 and 15 that deal with all of these speeches about crime or the demand document fraud. It provides new money things. from the citizens of our States to do for border patrol agents, asylum re- Again, I hope that the citizens of this something about crime with the form, and other immigration enforce- country have the opportunity to look amount of money we are including in ment activities. at this piece of legislation. I hope this this bill, you are bound to ask what all Nebraskans of both political parties debate provides them with the oppor- the huffing and puffing is about. You believe that victims of crime need help. tunity to carefully examine it. Is it might ask why we are creating a spe- That is why this bill allows victims of perfect? No. Do we know what works? cial trust fund for crime when we do violent and sex crimes to speak at the Unfortunately, we do not have good not for foreign aid, or the farm pro- sentencing of their assailants. It also guidelines to make absolutely certain gram, or health care? You might ask requires child molesters to pay restitu- this is going to work. I hear the distinguished Senator from why, when we are finally debating an tion to their victims. And, it prohibits Colorado say, "Well, this is not paid for issue where Americans are willing to diversion of victims' funds to other and that is why I spend money, do we suddenly become Federal programs. am going to vote The against it." unanimously concerned about the defi- second area of consensus in Ne- Well, on that basis, there are 100 cit? braska is that we must come to the aid votes against the defense authoriza- The simple answer to all three is that of our local law enforcement officials tion. On that basis, there are 100 votes we are confused. Uncertainty is the in order to increase the likelihood that against the transportation authoriza- order of the day, even for those of us criminals will be caught, thereby de- tion. It should not come as a surprise who have spent a lot of time asking creasing the incentive to violate the to Americans-certainly not the distin- questions and listening to the answers law in the first place. And there is con- guished Senator from Colorado, who, as of Federal, State, and local law en- sensus that crime is not a problem con- I said earlier, joined with me, or I with forcement officials, prosecutors, de- fined to our urban areas. him, going in the tank earlier this year fenders, judges, juvenile advocates, That is why this bill authorizes about recommending specific lines of $95 bil- educators, and parents explain what $2 billion per year in multiyear grants lion total of reductions in authoriza- they fervently believe needs to be done. to be made available to State and local tions-it should not surprise Ameri- In spite of that confusion and in spite police efforts, including a special provi- cans to discover that that goes on with of the high-decibel dispute going on in sion for rural law enforcement. This is every authorizing piece of legislation. the Senate this week, this crime bill is a relatively small amount given the Mr. President, this debate is about noteworthy because in Nebraska Re- challenges faced by our community po- crime. In Nebraska, it is the No. 1 prob- publicans and Democrats agree more lice force. The most legitimate criti- lem for the majority of the people. It is than they disagree about what needs to cism of this program is that it is too a problem, as I have alluded to, with- be done. While some here are using this little and too late to save lives already out easy answers. It is a problem which issue for political purposes beyond lost. places our moral beliefs into conflict coming to the aid of the men and There is also consensus that our Fed- with our need to feel safe in our homes women who are fighting the battle eral crime fighters are being asked to and to feel safe when our children walk against crime, at home there is a lot do more and more with less and less. to school. more consensus on this issue than with That is why this bill authorizes about Crime is a problem whose heroic sto- most others. $500 million per year for the FBI, the ries are mixed with failures, tragedies, There is consensus in four key areas. Drug Enforcement Agency, Immigra- terror, and disgust. It is a problem First, there is consensus amongst Ne- tion and Naturalization Services, the where the soaring spirit of mankind braskans that our laws must be tough- Border Patrol, the U.S. Attorneys, the comes crashing down to earth. We walk er on the criminals and more under- Treasury Department, the Justice De- away from American crime scenes standing of the victims. There is con- partment, and the Federal courts com- shocked and dismayed. sensus that delays in carrying out pun- bined. This is a rather small pat of but- It is a problem, Mr. President, which ishment or leniency in granting parole ter to cover a rather large piece of has drawn us to debate one more time has weakened the chain that holds in toast we have given these agencies in a comprehensive crime bill. Given the check the violent impulse of inten- the form of new work to do. difficulty of passing this bill, you tional crime. Forty-five percent of this bill's au- might guess it to be monstrous in size, That is why this bill provides stiff thorization is for law enforcement. Of complexity, and costs. It is not. new penalties for violent and drug the $30.2 billion total over the entire 6- Measured by size or complexity, it is crimes committed by gangs. It triples year period, $13.5 billion will be avail- smaller and simpler than the Repub- penalties for using children to deal able to city police departments, sher- lican health care bill. In length, it is drugs near schools and playgrounds. It iffs offices, courts, prosecutors, and 368 pages, Mr. President. It contains 33 enhances penalties for crimes using public defenders. If you include the titles. It is understandable, even by children, and for recruiting or encour- spending for new drug courts that near- those of us in this body who are not aging children to commit a crime. ly everyone believes is needed to en- lawyers. That is why this bill expands the force our drug laws, then half of this Measured by total dollars spent per Federal death penalty to cover about 60 bill's spending is on law enforcement. year, it is smaller than virtually all of new offenses, including terrorism, mur- The third area of consensus is that the 13 appropriations bills passed by der of law enforcement officers, large- Nebraskans believe we need to change this Congress each year. scale drug trafficking, drive-by- our prison policies. Nebraskans want August 24, 1994 CONGRESSIONAL RECORD-SENATCE 23943 violent criminals behind bars. They This bill funds local efforts to fight persons subject to family violence re- want to build and operate prisons and violence against women and children. straining orders, the ban on assault ri- incarceration alternatives such as boot Women and children are the most vul- fles looks like a dangerous first step on camps. They want to make certain nerable targets of violent crime. Both the road to a ban on all guns. that sentences are carried out as adver- in and out of the home this American I have concluded this ban on 19 spe- tised and, they do not want criminal il- problem is a top priority of urban and cific weapons, and weapons with spe- legal aliens to be let off the hook. rural law enforcement officials. cific features, does not represent such a That is why this bill authorizes about This bill funds local partnership ac- step. For the 1 percent of the crime vic- $1.3 billion per year in grants to States tion for anticrime efforts in drug treat- tims who are on the receiving side of to build 'and operate prisons and incar- ment, education, and jobs; model inten- these weapons, and for the police whose ceration alternatives. That is why this sive grants for model crime prevention lives are at risk, I have concluded this bill authorizes $300 million per year in programs targeted at high-crime neigh- restriction is both necessary and pru- grants to States for the costs of incar- borhoods; community corporations to dent. cerating illegal aliens. stimulate business and employment op- However, I also need to be clear that Of the total spending in this bill, 32 portunities. I will defend the right of Nebraskans to percent will go to build new prison and Again I heard it disparaged earlier. own and use guns safely. I do not be- incarceration alternatives and operate Mr. President, there is no better solu- lieve the second amendment is an ar- existing ones. This means that $8 out tion for the problem of crime than find- chaic principle clung to by fanatics and $10 spent by this bill will go for law en- ing an individual a job that provides nut cases. I believe it is just as nec- forcement, prisons, and drug courts. that individual with the dignity, to feel essary and proper right to extend a free Why this is not seen as a major victory as if he or she has some worth. and independent people in the late 20th for Republicans who have been arguing This bill provides funding for drug century as it was in the 18th. Further, in favor of this course for years is be- treatment for State and Federal pris- I believe that gun ownership is itself a yond me. oners and crime prevention block deterrent to crime which is commonly Fourth, at home there is consensus grants to be used as local needs dic- overlooked and understated by too that we must try again to prevent tate. many enthusiasts of gun control. crime before it occurs. In the words of As I said earlier, crime prevention is There is one last specific concern Omaha Police Chief Jim Skinner "our not an exact science. There are very about the assault rifle provisions of boat is taking on water." few proofs which can be offered to this bill which I need to raise on behalf To be clear, the demand for spending skeptical taxpayers. There are very few of Nebraskans who worry that this law on prevention is as strong with law en- guaranteed successes. In truth, any could be overreaching. The Bureau of forcement officers as it is from social person who enters this field must be Alcohol, Tobacco and Firearms helped workers. That is not the only dif- prepared for the wrenching pain of fail- compile the list of features that could ference between prevention in the nine- ure. Crime prevention is most defi- result in the banning of hand guns, ri- ties and social programs in the sixties. nitely not for the cynic or the faint of fles, or shotguns that should not be In the nineties we do not excuse the ad- heart. banned. If this bill becomes law, I in- olescent criminal's behavior with theo- Still, there is not a community in tend to hold hearings next year to de- ries about society's failure. We do not Nebraska where leaders are not work- termine if this definition is too expan- indulge weaknesses with talk about it ing on projects to fill the holes in the sive. The problem being someone else's fault. leaking boat. They know the first step of crime will not be completely solved if we We insist upon personal responsibil- is to strengthen the family. They know can get beyond the political posturing and pass this ity from parents who must teach the we must help our children grow up bill. Instead, we values which are the first line of de- with the values of hard work, dis- will begin to make a realistic try. Crime is a problem fense against crime. We require bench cipline, deferred with a gratification, and, solution. Do not think it is not. But do marks and taxpayer accountability. We most important, respect for the prop- not think we are going to solve this understand the need for demonstrable erty of others. They have tough-mind- one without doing a lot of things dif- progress to keep the citizens's trust. ed ideas to go with their compassionate That is why the ferently. $1 billion per year hearts. They need a Federal partner, Crime used to be a problem for other available to local communities is allo- and this bill gives them one. people. You know, it was a big city cated the way it is. This is not a top- Contention is not absent from the problem. No, it was an inner-city prob- down effort. This is a partnership Nebraska consensus. Two issues stand lem. A problem we could ignore be- which begins with the local community out. First, a strong, dedicated, and cause it was not affecting us in a per- putting forward a plan and matching principled minority believe passion- sonal way. money. Rather than a Washington- ately that the death penalty is neither Lately, however, crime has been get- knows-best approach, this crime pre- morally justified nor a deterrent ting very personal in Nebraska. When a vention begins at home. against the kinds of crimes which it is woman is afraid to take a walk at Before you assume this money is applied. night in Memorial Park in Omaha, going to be wasted listen to the list of I confess I am not morally com- crime is getting personal. When par- community efforts to be supported. I fortable with executions. And I am not ents are afraid to send their child out heard my friend from Colorado list persuaded of this penalty's capacity to on Halloween in Central City or out to some in a disparaging fashion. I would deter. My decision to support the pub- play in Pierce, crime is getting per- love to have a debate about each and lic taking of a life is based on one be- sonal. When North Omaha children every one of them. I believe it is impor- lief: In some cases it is the right pun- sleep on the floor because of drive-by tant for the American people. ishment; in some instances it is appro- shootings, when South Omaha students This bill funds community schools priate for the crime. talk about friends who have died of gun for after-school weekend and summer Second, an equally dedicated and battles, then crime is getting personal. safe-haven programs to provide chil- principled minority believe that a ban Not only is crime becoming personal, dren with positive activities and alter- on the manufacture of assault weapons its face is changing. A decade ago when natives to the street life of crime and is an unreasonable and unnecessary re- the news carried the picture of a person drugs. striction of Americans' constitu- accused or convicted of a violent At almost every townhall meeting, tionally guaranteed right to bear arms. crime, the image was of someone we almost every meeting I have with citi- While they do not oppose the prohibi- did not know. It was a stranger's face. zens in Nebraska, it is this kind of pro- tion in this law of the sale or transfer Cartoonists could, and did, draw the gram they talk about being needed. It of a gun to a juvenile or the prohibi- stereotypical unshaven, grisly looking comes from law enforcement officers. tion of gun sales to, and possession by, character we all loved to fear. 23944 CONGRESSIONAL RECORD-SENATE August 24, 1994 Lately, the faces are becoming more ment goes through a budget process, of the aisle have said let us stop using familiar. Lately, they are looking more then when it needs it simply adds to the so-called technicalities to change and more like our own children. Late- the deficit. That addition, in this case, the bill. They are referring to the fact ly, we are not only afraid for our chil- is some $13 billion. that this bill violates the Budget Act dren, we are afraid of them. What have we done in this bill? We and it takes 60 votes to waive the That is why there was so much sup- started with a Senate crime bill that Budget Act. port for the punishment meted out by cost $22 billion. It went over to the Suddenly, it has become convenient Singapore authorities, against an House and was increased to $29 billion. for some Members to claim that the American teenager. Caning is tough It went to the conference and increased Congressional Budget Act, the only medicine. In truth it is a method of to $33 billion and was revised once method we have to control the'deficit- torture. more and was brought down to $30 bil- the only method to control the defi- It is just as true that American lion. You would think that a com- cit-is somehow a mere technicality. I adults and their families are being tor- promise would suggest somewhere in suggest, what a convenient argument. tured by teenage hoodlums, gangs, and the area between $22 billion and $29 bil- Was it a technicality when many on thieves. We are too often being tor- lion. No, it was not. It was $33 billion, that side of the aisle relied on a similar tured by children who have become now down to $30 billion. Budget Act violation to kill a biparti- predators showing no regard for the The conference report is one I cannot san effort by 53 Senators to gain con- property, privacy, of the rights of oth- support, even considering the modifica- trol of the deficit by creating a legisla- ers. tions made by the other body, and I ob- tive line-item veto? Was it a technical- This crime bill allows us to begin to ject to the bill for a number of reasons. ity when they used a similar Budget take a different direction with crime. I think that there is not a tough Act violation to kill a bipartisan effort It says we have been too lenient with enough position taken on crime. It has by a majority of Senators that would criminals of all ages. It says we have become a means for those who care have prevented raising the defense not enforced the discipline children more about the criminal than the vic- budget to pay for social spending? need to distinguish right from wrong. tim. A bill that funds so-called "feel- Mr. President, the American public It says that respect for others must be good" social pork under the banner of should not be fooled about so-called taught, and if it is not learned, dis- "Let's get tough on crime." technicalities. Raising a point of order respect will be punished. You can see the pork in this, but one under the Congressional Budget Act is I urge Senators to support the con- would ask, "Where's the beef?" the only tool we have to prevent-to ference report and oppose the Gramm The bill that the President called the prevent, Mr. President-unlimited defi- point of order. Nebraskans and all toughest,. the smartest crime bill ever cit spending. As all of my colleagues Americans need the changes provided would have put as many as, it is esti- should recognize, the crime bill that in this legislation, and they need them mated now, some 16,000 Federal in- left the Senate did not increase that now. mates already tried and convicted back deficit. But the bill that has emerged Several Senators addressed the on the streets. I will tell you, people in from conference almost certainly in- Chair. my State do not support that. Not only creases the deficit and, I have said, by The PRESIDING OFFICER. The Sen- that, they do not support this crime as much as some $13 billion. ator from Alaska is recognized. bill. Our calls have been running 95, 96, So in the rush to get this crime bill Mr. MURKOWSKI. I thank the Chair. 97 to 1. I checked yesterday. We had to the President before Labor Day, I Mr. President, I will try to be very about 130 calls condemning the crime ask, have we forgotten the deficit and brief. First of all, I intend to vote for bill, one in support of it. the debt? I remind my colleagues that the point of order, and I look forward If we are going to put these criminals just a month ago, the Office of Manage- to voting on a number of amendments back on the street, what do we really ment and Budget released its that are likely to come forth if, indeed, accomplish? It would have made it midseason budget review. That report an agreement is recognized. harder to convict child molesters and has not been discussed here to any ex- It is rather amusing that we should rapists. It dropped mandatory commu- tent, but it should, because that report be criticized on this side of the aisle for nity notification of the whereabouts of contains some devastating news about attempting to improve the crime bill recently released violent criminals. It the deficit, news that should keep us since that is exactly what happened on dropped mandatory HIV testing of rape up perhaps all night around here as we the House side in the process of reach- suspects. Fortunately, the other body address our responsibility for fiscal re- ing an accord. And that accord was was tough enough and smart enough, sponsibility. It not only showed that reached as a consequence of a number as I said earlier, to cut 3 billion dollars the deficit is going back up next year, of Republicans joining in a bipartisan worth of pork and force some of these but that because of higher interest effort to improve the crime bill. important provisions to be added back rates, the Government is going to I will add, Mr. President, that im- to the bill. spend an additional $125 billion-$125 provement came directly as a result of I think we need to be tough and billion on top of the $1.173 trillion we the reduction of some of the so-called smart in the Senate today. As I have already pay-for interest-interest, Mr. pork programs that are in this legisla- said before, when the bill left the Sen- President-over the next 5 years. tion. Why should we not in this body ate it authorized $22 billion in Federal I was a banker in my former life. We have that same right? Clearly, we spending, fully offset-fully offset-by lived on interest. It is like having a should. savings from Federal employee reduc- horse that eats while you sleep. It goes I am going to dwell on something a tions. on and on and on. It is taking a bigger little different from points made by Well, whether those Federal em- chunk out of our budget-14 percent. some of my colleagues. This bill, as it ployee reductions would really ever Canada-do you know what the Cana- stands now, adds $13 billion to our Fed- occur is another question, but at least dian budget interest costs are? Over 20 eral deficit. I have not yet heard a sat- they identified the funding. When the percent of their budget. isfactory explanation as to how we are House added the $7 billion in spending, Let us reflect back in December 1980. going to pay for that. It is simply the conference added another $6 billion, What was the prime rate in the United added to the deficit, and I think the as I said, and the revised conference States? It was 20.5 percent, December American public is beginning to wake cut $3 billion. 1980, prime rate. Rates are going up up to the machinations of this bloated We are still looking at a bill that is today. If the 1980 rate was applied to Government. $8 billion-that is right, $8 billion, with the accumulated debt of this Nation An individual, obviously, can add to a big "b"-more expensive than what today, we would be looking at nearly a his credit card, he can write a check, the Senate passed. Now, $8 billion third of our budget going to pay inter- but he must pay. The Federal Govern- later, some Members on the other side est on the debt. So do not say it cannot August 24, 1994 CONGRESSIONAL RECORD--SENATE 23945 happen around here. Oftentimes, what ons. The compromise report passed out absence of this provision, this is simply goes around comes around. of the other body actually cut an addi- not a tough crime bill. This is a politi- Let me leave you with one more sta- tional $800 million from the first con- cal bill, and we all know it. This is a tistic, Mr. President. And we are talk- ference report. My State of Alaska bill designed to provide a little politi- ing about the pork in this bill and the ranks first in the Nation in the cost of cal cover for some 30-second TV ads. In $13 billion of deficit spending. Two corrections and 12th in the Nation in my opinion, Mr. President, it is a trav- years from now interest on our na- incarceration rates. Prison construc- esty to ask the American people to pay tional debt will exceed all spending- tion is important to my State and was some $30 billion for that. And that is all spending-on defense. an important element of the bill the an additional $13 billion added to the That is how far we flip-flopped. Inter- Senate passed. Now there is not even a deficit. As a consequence, Mr. Presi- est does not provide one job. It does guarantee that the $7.9 billion remain- dent, I urge my colleagues to reject the not provide any inventory. It does not ing will actually go for a sufficient conference report. provide any plant expansion. It simply number of prisons. And, of course, the I yield the floor. I would be happy to has to be paid. administrative costs are going to come respond to my friend from Massachu- So, Mr. President, as we address the out of that. setts. reforms on this side, I want to take all Some of the new social programs in Mr. KERRY. Mr. President, I thank the pork out. I want prisons. I want this bill sound good but not after it be- my friend. I know the Senator from capital punishment. I want what we comes clear that these programs really West Virginia has been waiting, and I need to take care of the criminal prob- rob resources from really tough law en- do not want to disturb the order here. lem. I am not concerned about mid- forcement programs while increasing- I will wait to respond to a number of night basketball. If you want midnight increasing-the deficit, Mr. President- issues raised by the Senator. But I basketball, I think it is appropriate we are not paying for it. really want to raise the most impor- that the States and cities address that. I want the Senate to vote up or down tant issue here to dispose of the reality Should that really be a responsibility some of these unnecessary programs. of where we are. of the Federal Government? I think it The crime bill should not spend $50 The Senator says that this is not is fine to have all the activities you million on social workers or a quarter funded and it increases the deficit. I want, but is it an obligation of the Fed- of a billion on community development ask the Senator whether or not he has eral Government? I do not think so. when the real need is someplace else. read the conference report, specifically But I think building prisons is. I think I also want the Senate to vote up or pages 319 through pages 321, in which it having harsh penalties that criminals down on important provisions the Sen- is very clearly set out as a matter of can understand in advance are, and ha- ate already agreed to but were dropped law that these reductions must take beas corpus, which is not in here, un- along the way. place; that the money can only be ap- fortunately. Nonpermanent aliens convicted of propriated exclusively for this purpose Mr. KERRY. Will the Senator yield violent crimes should be deported. to the levels set and that unless it is for a question? That was stripped out of the bill. We appropriated it cannot be spent. Mr. MURKOWSKI. I would like to go should insist on tougher Federal pen- Now, is the Senator aware of that? ahead and finish because I am just alties for violent street gang crimes. Mr. MURKOWSKI. The Senator is about through, and then I would be Juveniles who commit Federal sexual aware of that. The bill does not cap ex- happy to yield. offenses as well as other Federal vio- penditures each year. And I am So I would ask the President if a lent crimes ought to be tried, in my sure- mere $13 billion increase in the budget opinion, as adults, and we should insist Mr. KERRY. That does not in and of deficit is a technicality. I do not think on enhanced mandatory minimum sen- itself add to the deficit. so, and I do not think the American tencing for selling drugs to minors or Mr. MURKOWSKI. If I may re- people believe it. employing minors in the drug trade. spond- The simple fact is that this crime bill But when middle Americans see what Mr. KERRY. That does not in and of as it is structured now does not do the they are really getting, that is, a weak itself add to the deficit, does it? job. The bill in reality pays for some crime bill at a price we cannot afford- Mr. MURKOWSKI. On the contrary. I 20,000 new policemen nationwide. That and we cannot because we are adding would like to have a chance to reply. It is about one new officer for each police to the deficit-they are going to be certainly does add to the deficit, be- department in the Nation. And the angry with Congress. They are angry cause there is absolutely no spending problem with it is that the Govern- now and rightfully so. cap certain years. And as a con- ment picks up the tab on the first 75 Finally, Mr. President, the con- sequence, I wonder if the Senator from percent the first year, 50 percent the ference report contains a ban on cer- Massachusetts can identify where it is next year, the next year it is the other tain firearms, and as one who hunts, I going to be paid for, specifically, how way around, the Federal Government am very familiar with these. Unfortu- the $13 billion that is the spending caps picks up only 25 percent of the tab and nately, it is a ban based on the charac- and it is an additional amount, not off- in the fourth year that obligation falls terization-I repeat-the characteriza- set specifically by the reduction in on the local government entirely. tion of the firearm's appearance, not Federal employees and not controlled In my State of Alaska, every year we its functional capability. A ban that is by caps, will be paid for. As far as I am have, unfortunately, some 660 people clearly in conflict with the constitu- concerned, Mr. President, the Senator out of 100,000 victimized by serious tional guarantee that the citizens of and I can debate this in a year from crime-car theft, larceny, rape, mur- this country have the right to bear now or 2 years from now and we will, I der. This crime bill is too weak, in my arms. think, agree we have added $13 billion opinion, to make a real difference, and The constitutionality of this measure to the deficit. in the opinion of the people in my in the face of the second amendment Mr. KERRY. Let me ask the Senator, State who are addressing these prob- has already been discussed at great is the Senator from Alaska insinuating lems. length. I would like to see a vote. I or accusing directly or stating that the So who is going to benefit? Well, we want a vote on the right to bear arms distinguished chairman of the Appro- know that a few politically connected with no limitations. We want to see priations Committee, the President pro big city mayors-15 of them-are going our Members stand up and be counted tempore of the Senate, who just gave a to benefit from discretionary grants on this as we should and not hide be- long address on the Senate floor articu- handed out by the Attorney General. hind a charade. lating how this is paid for under law, is Over $5 billion was cut in the $13 bil- Frankly. in my opinion, Mr. Presi- he suggesting that that distinguished lion Senate-passed prison construction dent, that is reason enough to oppose Senator has misled the entire Senate bill-$5 billion cut. We need more pris- the conference report. But even in the and the country? 23946 CONGRESSIONAL RECORD-SENATE August 24, 1994 Mr. MURKOWSKI. The Senator from people who told you the sky was going The PRESIDING OFFICER. Does the Alaska would respond by specifically to fall in last year when we passed the Senator from Alaska yield the floor? stating that there are no caps in cer- budget, but nevertheless we have the Mr. MURKOWSKI. Yes. I still would tain years and as a consequence-- deficit reduction? Do you want to be- be happy to respond to any questions. Mr. KERRY. That is not what I asked lieve the distinguished chairman of the Mr. KERRY addressed the Chair. the Senator. Appropriations Committee who said The PRESIDING OFFICER. The Sen- Mr. MURKOWSKI. Without the caps, this is funded? Or do you want to be- ator from Massachusetts. in replying to the Senator from Massa- lieve the Senator who just stands on Mr. KERRY. Mr. President, before chusetts, there is no guarantee that the floor and says we have this debt? yielding the floor to the Senator from there is adequate ability to offset that How did it happen? It happened under West Virginia, let me say to my friend additional $13 billion that is just hang- the watch of President Reagan and that I hear his passionate disagree- ing out there. President Bush, and I might add with ment. But he is not just disagreeing Mr. KERRY. The Senator from West the complicity of the Congress. But with me. He is disagreeing with what Virginia- never once did they veto those appro- he says. He is disagreeing with what Mr. MURKOWSKI. We went from $22 priations bills. the distinguished President pro tem- billion to $30 billion and the caps were So I do not think it is very hard to pore of the Senate said. in place 5 years in the Senate bill. find the answer for how we got where More importantly, I think he is ig- Mr. KERRY. I would say to the dis- we are. The question is how we are noring what is already happening. tinguished Senator, Mr. President, that going to get out of here with this crime There are less Federal employees today this talk about the caps is smoke bill. than-I think this is correct-since the smoke and mirrors. screen, subterfuge, Mr. MURKOWSKI. If I could respond time of President Kennedy. That has It is the whole process here. The Sen- to my friend, I would state the fact and happened during the course of the last ator from West Virginia, the chairman the reality is-he can agree or dis- year and a half under the performance of the Appropriations Committee, has agree-the Government is going to made clear to the Senate and the coun- review. It is happening. spend an additional $125 billion on top Senators can come to the floor and try that as a matter of law this is paid of the $1.173 trillion to pay for interest wish away these realities. But the for by reductions of 252,000 employees. over the next 5 years. Is he suggesting American people do not want wishes The Senator from Alaska and his that figure is inaccurate? Because it is friends come to the floor again and and partisanship, they want facts. And not. the fact is people are being reduced again, and they just want to say some- Mr. KERRY. No. I am not suggesting thing and make it true even though it that. today. The fact is there is a trust fund. is not true. Mr. MURKOWSKI. Or that figure oc- The fact is this money must be appro- I ask the Senator, is he saying the curred because of deficit spending? I priated each year. And the U.S. Senate Senator from West Virginia has misled would hope he would acknowledge that. will have to stand here and be account- the country in his comments in the Mr. KERRY. Mr. President, here is able for what it does today. If we say Chamber? the game. We are going around in cir- we are going to reduce that debt, we Mr. MURKOWSKI. I respond by sim- cles. I asked a question. Is the Senator can be held accountable in the future. ply stating the fact that we have an ac- misleading? We still have not had an The question is do we want to be? cumulated debt of $4.6 trillion. Now, answer. I pointed out where in the law Mr. DOMENICI. Will the Senator did that occur by various members of it is paid for, and he is talking about yield for a question? the leadership or committee chairmen interest on the debt. I understand in- The PRESIDING OFFICER. The Sen- misleading us? I do not know how to terest on the debt. I supported Gramm- ator from West Virginia was to be rec- explain to my friend from Massachu- Rudman-Hollings. I have been prepared ognized. setts the reality, but we have accumu- to vote for balanced budget laws. Let Mr. DOMENICI. Will the Senator lated $4.6 trillion worth of debt. Our us get it done. But this bill will not in- from Massachusetts yield for a ques- deficit this year is $170 billion. How did crease the deficit. To come out and tell tion? that occur? It occurred through the Americans that is going to happen is The PRESIDING OFFICER. Will the good efforts of 100 Senators trying to just incorrect. It is the game that is Senator from West Virginia yield to be responsible. But we are irresponsible being played here. the Senator from Massachusetts to in the sense that we are dedicating I will await my turn in line. I thank yield for a question to the Senator some-well, it is roughly 14 percent of the distinguished Senator from West from New Mexico? our budget-to interest on the debt. Virginia. I thank my colleague. Mr. KERRY. I am going to stay on Now, how did that occur? Mr. MURKOWSKI. If I could respond, the floor, I say, and I would be happy Mr. KERRY. Mr. President, I would I would simply challenge my good to have a colloquy. be delighted- friend. The position of the Senator Mr. DOMENICI. I will stay also and Mr. MURKOWSKI. It occurred from Alaska-if I may respond-is that give my remarks. I do not have to ask through efforts similar to this. the first $22 billion was paid for when it a question. I thank the Senator for his Mr. KERRY. I would be delighted to left here. There is no way to identify generosity. answer the question of the Senator specifically how it is paid for now. Mr. ROCKEFELLER addressed the from Alaska. When President Carter So I simply do not accept the gener- Chair. left office, the debt in this country was alization of my good friend from Mas- The PRESIDING OFFICER. The Sen- less than $1 trillion. When Presidents sachusetts who is claiming that some- ator from West Virginia is recognized. Reagan and Bush left office, indeed, the how, through a magic reduction of Fed- Mr. ROCKEFELLER. Mr. President, debt of this country was over $4 tril- eral employees, which I think in our yesterday every American was made a lion. For the first time in the history lifetime we have yet to see, it is going potential victim of a grave crime. The of this country since Harry Truman to suddenly occur and make up this dif- perpetrators made no effort to conceal was President of the United States we ference. their motive or their weapon. They can now say that we have had the third I would suggest that reality dictates looked at the possibility of enacting an consecutive year of deficit reduction. that is not going to be the case. We historic, desperately needed anticrime It came about through a reduction funded $22 billion. Now there is $13 bil- bill, and believe it or not, their reac- bill that every single Republican said lion that is not offset. It is out there. tion was to pull the trigger. was going to bankrupt the country, We are going to add it to the deficit. Today, we can only hope this was a would not provide new jobs, and was We are going to be paying interest on temporary moment of insanity. not going to be real deficit reduction. it. There is no excuse, no plea, no alibi I ask America. Who do you want to I thank the President. I thank the that could possibly justify a band of believe? Do you want to believe the Chair. Senators ganging up to kill an August 24, 1994 CONGRESSIONAL RECORD-SENATE 23947 anticrime, antidrug, antiviolence piece your Senators who are forming the many tools-the funds, the punish- of legislation that they heralded and blockade against the crime bill to ment, the public commitment-in the voted for en masse-by a vote of 95 to come out and vote for a bill to make rest of this bill to fight crime in every 4-less than a year ago. you and your families and police offi- way we know how. Nor is there anything subtle about cers and our streets more safe. Ask Mr. President, again, this is the this attack on the crime bill. Now that them a simple question. Will you vote crime bill that 95 Senators voted for the stakes are human lives, we had bet- to protect me and my family from the last November. This is the crime bill ter call it like we see it: Just a few too terror of crime? Will you do it today? that we're trying to enact today. It many Senators are thinking far too Every piece of this bill is urgently costs the same amount of money over 5 much about something called winning needed. It has got money to build more years that it cost last November, paid seats instead of defending streets. prisons for violent criminals. It will set out of the same kind of trust fund that Let us face it, this is a big election up boot camps for people young enough 94 Senators voted for last November. It year. More Democrats are up than Re- who maybe can be kept from a lifetime includes virtually the same desperately publicans. Keep the crime bill from of preying on others. It will slap longer needed measures to make our people passing this Senate, keep the crime bill sentences and tougher penalties on and our police officers safer than it did from the President's desk, and maybe criminals that have no business being last November. The only difference be- you will score some points for Repub- on our streets. It will put more police tween last November and today is licans. officers on those streets. And yes, this whether taking on crime or taking on But what about everyone else? Why bill will give our communities, our Democrats is more important. worry about the people of our State schools, our States more funds and And the Senators coming up with who still will not be safe? Why think more tools to try to prevent crime and dozens of reasons to hold up this bill about our police officers who risk their channel people into jobs, into class- know perfectly well that every single lives every day for the rest of us, and rooms, into places that may convince one of us had a chance to contribute to who are begging the Senate to pass this them that there is a better way. what's in this package and what isn't. bill? Why give a minute's thought to This crime bill also retains the ban This bill includes provisions and pro- the criminals and the gangs still on the on a very specific list of 19 military- grams that resulted from countless street, buying more Uzis, selling more style assault weapons. This one provi- hours of negotiation among virtually drugs, mowing down innocent people? sion, out of a. comprehensive piece of every Member of this body. Never in my wildest dreams did I I am upset about this for a reason. think that pure politics could legislation that deals with crime on lead to My State needs this bill to pass, today, this new, all-time low on an issue that many fronts, has generated the most conflict of all over this bill when it not tomorrow, not next week, not next is as fundamental as the safety and month. lives of the American people. How can comes to its actual contents. As the Senator of West Virginia, I Most people do not think about West anyone in the group of 95 Senators, Virginia when they decry America's who voted for the crime bill last No- understand the concerns about gun control. My State has a proud heritage crime problems. Yes, the problems are vember, explain this incredible retreat? much worse in other States and in the Has political self-interest really come of hunting and sporting. The vast ma- jority of West Virginians are law-abid- big cities. But we all know that crime to this? has made its way to every town and When I was listening to the debate ing, good people-and my obligation is to defend their rights to protect them- neighborhood. last night, I heard at least one Senator I have spent a lot of time recently ask why it matters if this crime bill selves and their liberties. But I also feel a sacred obligation to talking about crime with the leaders sputters for a few days. and police officers and people of my First deal with the changing world before us, of all, the Republican blockage State. In June, I held a statewide sum- against this crime bill puts the passage with its new dangers that rage at our police officers and our people. This is mit on crime to learn about the kinds of a crime bill in grave jeopardy, pe- of crime that are preying on our State riod. the reason I have voted for this ban on The Senators blocking this crime and to talk about how together we can bill have to decide right this minute 19 kinds of assault weapons. Because fight to stop it. whether they will let us protect Ameri- these guns are now, in today's world, the weapons of choice for some of the We in West Virginia are seeing our cans. streets and our schools and our com- But let me point out the reason to most dangerous criminals. We simply have totry and keep them from stamp- munities become less safe. We shudder get the hurdles out of the way. It is along with the rest of America at the called human lives. ing out lives senselessly. Again, just 10 months ago, on Novem- This bill does not say that a ban on wave of killings and shootings that fill evening news and our morning ber 19, 95 Senators voted for the pas- military-style assault weapons will end the sage of this anticrime bill. And thanks crime. It will not even come close. But newspapers. We proudly still have the to the heroic efforts of the Senator this part of the bill is just one of many, lowest crime rate in the country. But from Delaware, many of our colleagues many steps we must take at every behind that one comforting statistic, drug in both Houses, and the President, we level, through government and as citi- West Virginia is experiencing now have the final version, called the zens, to defend ourselves from today's trafficking, domestic crimes, gangs, in violent conference report, of a bill that is al- dangers. and a startling increase West Virginians who worry about the crime. most identical to the Senate version The people and law enforcement of that those 94 Senators voted for. possibility of more restrictions on guns West Virginia need this crime bill to In just 6 of those months, 1,829 vio- will want to look at the part of this legislative package that actually pro- pass today. lent crimes were committed in my Listen to what Rufus Park, the tects more than 600 other kinds of guns State alone-1,829 violent crimes, be- mayor of Charles Town, WV wrote me: in order to ensure our law-abiding citi- tween December 1993 and May 1994-36 that the drug that these are guns that they can It is my strong conviction murders, 183 rapes, 419 robberies, 1,191 zens problem is much too great for us to solve on assaults. legally own and collect. our own and with our limited resources, and That is why every minute counts. Police officers and sheriffs in West that we must have assistance from the Fed- That is why anyone blocking the pas- Virginia, and their fellow officers eral level. sage of this crime bill cannot come up across this country, have asked us to Listen to what Larry Starcher, a with a single excuse for putting poli- include this ban on assault weapons. chief judge in Morgantown, wrote me: tics over the safety of their constitu- They fear for their lives as they try to You have my support for the crime bill. ents. defend ours. I think they deserve this While we may nor agree with every facet of I say to the American people that we response from all of us, as we pledge to it. it is a needed piece of legislation-par- need your help. We need you to call give our communities and leaders the ticularly more police officers. 23948 C:ONGRESSIONAL RECORD-SENAT E August 24, 1994 I know that every single Senator has had to climb over the body to run for I indicated to my colleagues that it gotten these letters and phone calls help. would be necessary for me to convene a from the people of their States who are How can anyone hear a story like meeting of Democratic Senators to- on the front lines. We are hearing and this, knowing there's help for our com- morrow morning for that purpose, fol- reading the fears and the needs of law munities to combat domestic violence, lowing which we will then be prepared enforcement officials all over America. and stand in the way of passing this to respond to the proposal. People who have every reason to expect bill? So the debate will continue this that selfish politics shouldn't hold a West Virginia can start winning the evening for as long as the managers candle up to public safety and to wag- war on crime if and only if the Senate wish to do so, but there will be no roll- ing the fight against crime. roadblock on this bill comes crashing call votes, and we hope to have an an- Those are the voices that we should down. nouncement tomorrow morning with respond to. Those are the people we Mr. President, I am here to beg for respect to the schedule. should feel most responsible to. Mayors sanity. The obstructionists are picking I thank my colleagues for their cour- desperate for help to make their towns' on the innocent. Nothing is worth de- tesy. streets safe again. Judges begging for nying the chance we have today to de- The PRESIDING OFFICER. The Sen- the resources to make their court- fend the safety of the American people. ator from Rhode Island is recognized. to pass this bill, rooms, once again, more than just re- If we are not allowed Mr. PELL. Madam President, as the volving doors. Cops already over- things will only get worse. If a Senate Senate prepares to take action on the whelmed by their jobs and asking for blockade prevails, through a budget conference report of the crime bill I help. Teachers-and students-eager to point of order, through threatening let- add my voice to the chorus of those ters, through filibustering or cloture make schools a refuge from the mean who will support final passage of the votes, the only winners-the only win- streets, not an extension. And every- bill. It is clear that there is no issue ners-will be the thieves, the gangs, day people tired of giving up their more important in the minds of Rhode the cold-blooded criminals that prey on neighborhoods to thugs, and now Islanders and Americans than the the streets and schoolyards and back- crime epidemic which currently watching a group of Senators throwing yards of every single State in the up roadblocks to a bill that may make plagues our country. The time for deci- Union. sive, broad based, and meaningful Fed- a difference. For all we talk about taking on eral assistance is long overdue and I This crime bill will make a difference a chance to really crime, now we have am pleased that the 6 years of work in West Virginia. Some of us worked do it. We can put more police officers that went into forging this crime bill hard to include grants for rural States on the streets, and those police can be has produced a package which looks as like mine, so we finally get some help. better trained and equipped. We can if it will finally turn rhetoric into re- There is $1.7 million in rural law en- give judges the ability to keep truly ality. And here very great and real forcement funding in this bill for West dangerous people where they belong- Virginia. If we prove that we will keep behind bars-and serve their commu- credit must go to Mr. BIDEN, the Sen- violent offenders in jail, and we will, nities better. We can get to at-risk kids ator from Delaware. Our cities, towns, West Virginia can get $17 million for early and keep from them from becom- and neighborhoods will directly benefit more prison space and boot camps. We ing career criminals that just get car- from the increased law enforcement, are guaranteed $44 million to hire more ried along through the criminal justice relief from prison overcrowding, tight- police officers. Our courts and law en- system. We can protect women and ened and revamped sentencing, and forcement officials can apply for grants kids from being victimized. prevention measures in this bill and to keep better track of crimes; beef up Americans deserve so much better. they need this assistance immediately. our courts; protect more women from The people of my State deserve so If the Senate approves this conference the domestic violence that plagues our much better. Around this country, citi- report, I am confident that the Presi- State; and help our communities with zens are struggling to protect them- dent and the administration will act their different crime and drug prob- selves, their children, their fellow citi- with due haste so that this much need- lems. zens. And here they watch a group of ed shot in the arm for our local At our summit on crime in June, Senators protecting some kind of polit- crimefighting efforts will be adminis- West Virginians heard the tragic news ical edge or advantage that I don't tered as soon as possible. that domestic violence continues to de- even understand. Before I begin to speak to the broad- stroy lives and families around our Mr. President, on behalf of the people er aspects of the bill however, I feel State. This is another reason that pass- I represent, I ask my colleagues to that I must address some confusing and ing this crime bill is so urgent. This take down the roadblocks. Restore misleading information that has come package includes the Violence Against peace and sanity within these walls. out in debate today regarding the ef- Women Act, a bipartisan proposal to Together, we joined as 95 Senators last fect of the bill on a program in our cap- help the victims of domestic violence. November and promised help to our ital city of Providence, RI. Here is another area where Senator people against crime. Together, we On the floor and on news programs BIDEN has extended steadfast leader- must join again, right now, and keep earlier today, it was said that accord- ship on behalf of Americans and the that promise. ing to the mayor of the Providence, RI, people of my State, and I am proud to The PRESIDING OFFICER (Mrs. $3 million would go to a program which note that I cosponsored his bill. FEINSTEIN). The majority leader is rec- would have graffiti artists trained to I have visited a West Virginia shelter ognized. be mural artists. I was not aware of for battered women and children, and Mr. MITCHELL. Madam President, I this supposed actual example of what talked to them about the trauma they have had several discussions today this bill is going to do in my home have been through in their own homes. with the distinguished Republican State, as it has been claimed, so I con- They need help and they have already leader, the most recent one just a few tacted the mayor's office and inquired waited far too long for that help. Pass- moments ago, and following that dis- as to what this was all about. The an- ing this bill is the only way we can in- cussion I am announcing there will be swer I received certainly cleared things stitute a series of steps, including $1.62 no rollcall votes today. up and I can tell the Senate unequivo- billion of real support, to protect and The distinguished Republican leader cally that this bill will not send $3 mil- bring relief to these victims. and I have had several discussions, the lion to retrain graffiti violators into Since May of this year, two brutal most recent one in which he presented mural artists in Providence. Indeed, I murders occurred in West Virginia to me a proposal for how best to pro- ask unanimous consent that a letter I where one family member killed an- ceed with this matter. That proposal have received from the mayor of Provi- other. In one case, a small child was prepared as a result of a Repub- dence, Buddy Cianci, on this subject be watched as her mother was killed, and lican Senators caucus held today. printed in the RECORD. August 24, 1994 CONGRESSIONAL RECORD--SENATE 23949

There being no objection, the letter this case, I am confident that the able plied; an increase from the current 13 was ordered to be printed in the and articulate mayor of the city of to 60. I do not believe in the death pen- RECORD, as follows: Providence, Mayor Cianci, and his ad- alty and recall that the last time some- MAYOR OF PROVIDENCE; ministration, who have incidentally one was put to death in Rhode Island, Providence, RI, August 24, 1994. done a fine job of running and manag- it was later shown that he was inno- Senator CLAIBORNE PELL, ing Rhode Island's largest city, would cent of the crime of which he was con- U.S. Senate use any funds received under this bill victed. Consequently, capital punish- Washington DC. in an appropriate and fiscally prudent ment has been outlawed in Rhode Is- DEAR SENATOR PELL: I am honored that members of the United States Senate have manner to combat crime. And again, land since 1852. I firmly believe that brought Providence, Rhode Island into the should any Senator be concerned, I can capital punishment does not serve as a national debate regarding the Crime bill. tell you that he has told me that the deterrent and that in pursuing the However, there have been some misunder- entire $3 million he expects Providence death penalty the country is going standings that I would like to clear up. to receive under the LPA will not be down a path abandoned long ago be- When the Crime Bill is passed. Providence allocated to the graffiti program. Inci- cause it is not only uncivilized but has will not be spending S3 million a year to con- dentally, this program is not a frivo- also been shown to be ultimately inef- vert graffiti writers into painters of public lous creation of this bill. It was estab- fective and often administered in a dis- murals. We expect that our entire LPA allocation lished following the recommendations criminatory fashion. would be S3 million over six years. Only a of a task force established by the Other issues which have troubled me small portion of the $500,00 we would receive mayor and it is one that is strongly in the debate over this bill include the annually would go to the graffiti program. supported by the residents of the city endorsement of the three-strikes-and- You should know that people who live in of Providence. I find it disheartening you're-out provision in the bill and the urban neighborhoods strongly support our ef- that some have seized on this program, heavy emphasis on incarceration and forts to rid the city of graffiti vandalism. distorted, and misrepresented its scope inflexible punishment rather than Last October, I created a special task force and the impact that the crime bill crime prevention. The non-sensical ac- to address this problem. In less than a year, graffiti on more than 1.000 homes and other would have upon it and encourage my cusations that the prevention measures structures in Providence has been painted colleagues to stick to the facts in de- contained in this bill are merely social over. Meanwhile, about 60 graffiti-writers bating the merits of the crime bill. pork-barelling are truly irresponsible have been arrested and convicted. The courts Regarding the larger specifics of the and shortsighted. As a society we must assigned these youths to the public service of crime bill, I note that much of the de- do more to address the root causes of cleaning graffiti from buildings in their own bate in recent days has centered on crime and prevent it from happening in neighborhoods. To date. about 200 buildings guns. Of particular concern to members the first place rather than just locking have been cleaned by convicted youths. We of the National Rifle Association and people up and throwing away the key. have also begun to involve convicted graffiti who sub- writers in the painting of public murals in those elected representatives Fortunately, numerous programs were their own neighborhoods. scribe to their beliefs is the ban on cer- preserved in the conference report and With LPAA funds, we will develop a com- tain assault weapons contained in the with them, we are headed down the prehensive series of programs to reach so- bill. I have long supported banning path of truly dealing with crime in a cially isolated urban youths, and redirect such weapons and am pleased that Con- constructive way. them towards socially and economically con- gress has finally taken some affirma- In sum, while I may not like all that structive behavior-for themselves and their tive action to curb the availability of is in the bill, I support this bill because neighborhoods. We must all remember that these weapons whose primary and prac- the good outweighs the bad. Inevitably it is much cheaper to turn around a teenage boy today than incarcerate a convicted felon tically sole purpose is simply to kill when you are dealing with an issue as tomorrow. people. Gun violence is out of control broad and as contentious as this, com- I trust that you will convey to your col- in this country and we must take promise is necessary in order to avoid leagues the importance of the work we have measures to combat it. Should anyone paralysis and gridlock. I commend the begun in Providence. doubt the prevalence of gun-related vi- President, the Judiciary Committee, Sincerely, olence, I will include for the RECORD a and especially its chairman, Senator VINCENT A. CIANCI, Jr.. chronology from the Providence Jour- BIDEN, for their diligent and persistent Mayor of Providence. nal which is the latest in a monthly efforts. Thanks to their dedication we Mr. PELL. Madam President, in listing of incidents involving gun vio- finally have a bill which will truly take brief, the letter states that Mayor lence in the State of Rhode Island. The a historic step in our Nation's history Cianci had simply been speaking about long and ever-growing list of incidents in the fight against crime. the $3 million Providence is expected is numbing to read and further evi- Madam President, I ask unanimous to receive under the Local Partnership dence that we must take steps to ad- consent that materials detailing gun- Act title of this bill. He then stated dress the menace of guns in our daily related incidents in Rhode Island print- that programs like the one already suc- lives. I am pleased that this crime bill ed in the Providence Journal be printed cessfully in place in Providence which takes the first steps toward doing so. in the RECORD. deals with graffiti violators in a con- Regarding other provisions, I am There being no objection, the mate- structive way would be an example of pleased that this bill will provide for rial was ordered to be printed in the the kinds of prevention and interven- additional police officers throughout RECORD, as follows: tion programs that could be allocated the country and that the concept of [From the Providence Journal-Bulletin. Aug. with some of these funds. It is absurd, community policing, or the cop on the 18. 1994] irresponsible, and disingenuous to say beat, is endorsed. I am also particu- 1994: GUNS IN RHODE ISLAND that the entire $3 million would go to larly pleased that the Violence Against Throughout 1994, the Journal-Bulletin will this one very small program and indeed Women Act is included in the bill and publish a monthly listing of incidents involv- the mayor firmly states that he has no that we begin the effort to combat the ing guns. The list will be cumulative, allow- intention of doing so. all-too-common phenomenon of domes- ing readers to see the total number of re- The crime bill purposely, and I be- tic violence in America. These and ported gun incidents for the year. Suicides lieve appropriately, has left the discre- many other provisions make a serious and attempted suicides are included only if tion for the use of such funds with the and constructive effort to address they occurred in a public venue andior in- local jurisdictions that receive them volved police. crime at all levels. Aug. 17: A man with a torn rubber glove for use as they see best. This is wise as I must also state however that this over his face storms into a hair salon at 99 I believe that the decisions on how best crime bill contains much that I do not Lambert Lind Highway, Warwick, pulls a to deal with crime and develop crime particularly like. Most distressing to handgun from a paper bag. robs customers prevention are almost invariably best me is the drastic increase in the crimes and employees and flees in a car later found left to local officials and citizens. In for which the death penalty may be ap- abandoned at the Warwick Mall. 23950 CONGRESSIONAL RECORD-SENATE August 24, 1994 Aug. 16: Alphonzo Zeigler, 37. is shot in the July 29: Four people tell Providence police find five bullets in a bedroom and a dis- back after allegedly beating his girlfriend in they were robbed at gunpoint outside 123 assembled .32-caliber revolver under a mat- front of several witnesses. After the shooting Ohio Ave. about 3:45 a.m. by four young men tress. Keith Antone, 29, of 223 Park Holm is is reported, about 3 a.m., Providence police in a small gray car. Moments later police charged with possession of a firearm without find Zeigler, critically wounded, huddling in spot a car matching the description on Prai- a permit and possession of a firearm after his driveway at 84 Hamilton St. The woman rie Avenue, stop it after a short chase and being convicted of a crime. The conviction is hospitalized in serious condition. Police arrest four 17-year-olds. Police find a .38-cal- was for domestic violence. say witnesses told them Zeigler hit her sev- iber revolver under a seat. July 17: Two men approach Wesley eral times with a board, but "when we asked July 29: A man wakes in his bedroom at 25 Beckton, 29, and Sterling Washington, 38, as them about the shooting, they all said they Tappan St., Providence, shortly after mid- they work on a car on Potters Avenue, Prov- didn't know anything about that." No gun is night to find a masked man with a pistol on idence. After a brief verbal exchange one of found. top of him, he later tells police. Another the men pulls a shotgun loaded with birdshot Aug. 15: An exchange of threats and insults man stands nearby with a sawed-off shotgun. from behind his back and fires on Beckton between two carloads of young people ends in After a struggle the man with the pistol and Washington, wounding both. They tell a fatal shooting at Gridley and Bismark takes $600 from a night stand, goes down- police they cannot identify the assailants. Streets, Providence, at 4:30 a.m. Manuel Mi- stairs and takes a purse from a woman sleep- July 14: As Providence police approach an randa, 18, of Pawtucket is shot to death and ing on a couch and beer from the refrig- unregistered car they stopped on Wadsworth David Daluz, 19, also of Pawtucket. is wound- erator. Both robbers leave by the front door. Street, passenger Charles Abbott, 24, alleg- ed when they get out of their car. Police stop July 29: Luis Tavarez of 25 Massie St., edly puts a loaded .38-caliber pistol under the the other car minutes later and find that Providence, is hospitalized with an unspec- seat. He is charged with possession of a pis- Jose Gonsales, 19, of Brockton, Mass., is also ified gunshot injury after a friend reports tol without a license. wounded. Alderico Mendes, 18, who gives ad- Tavarez apparently shot himself acciden- July 17: Jesse Robbins, 23, allegedly hides a dresses in Stoughton and Brockton, is tally in a car outside his house about 5 a.m. shotgun under a car seat as Providence po- charged with murder. July 28: Kimberly M. Walsh, 23, of North lice disperse a crowd on Cranston Street Aug. 14: At 2:30 a.m., according to East Kingstown is found shot to death in the about 11 p.m. Robbins is charged with illegal Providence police, Jon K. Andrews rings the woods off Route 403, a pistol beside her body. possession of a firearm and possession of a doorbell at 67 Viola Ave., where his ex-wife is July 28: Danny Shepard. 17, and a friend stolen firearm. staying, and forces his way in by pointing a are playing with a gun about 11:30 a.m. near July 13: Mirto Troian, 67, of Hillhurst Ave- pistol at the head of the man who lives Eddy and Nebraska streets, Providence, nue, Providence, a former custodian for St. there. The resident pushes Andrews out and when the gun fires and a bullet grazes Bartholomew Parish, is found shot to death he leaves, but returns just as police arrive. Shepard's head. about 5:45 a.m. in front of the parish school After a chase, police arrest Andrews on Cres- July 25: A masked gunman locks a clerk, on Laurel Hill Avenue. Police find a shotgun cent View Avenue near the carousel. An- two patrons and the owner in a cooler at the nearby and an apparent suicide note in drews. 30. of 121 Earl Ave., is charged with Coventry Wine and Liquor store. 600 Wash- Troian's pocket that says." Thanks St. drunk driving, assault with a dangerous ington St., Coventry, about 9:20 p.m. and Bart's for letting me breathe asbestos for 30 weapon and three felony gun charges, includ- takes an undisclosed amount of money from years." The current custodian says Troian. a ing possessing a firearm after conviction of a the cash register. widower, recently had a tumor diagnosed and violent crime. He has twice been convicted of July 22: Cranston police investigating an was very depressed. The pastor says asbestos domestic assault. alleged drug dealer seize 23 weapons from his was cleaned up several years ago. Aug. 11: Three masked men burst into a home at 251 Capuano Ave., including hand- July 9: In an apparent dispute over a debt. temporary employment agency at 920 Chalk- guns, shotguns, rifles and crossbows. Four two men in a car shoot at a parked car occu- stone Ave., Providence, about 4:45 a.m. and guns are loaded: an AK-47 assault rifle, two pied by a woman and a man. on Ford Street, rob three people at gunpoint. snub-nosed .38-caliber revolvers and a .45-cal- Providence, at 7:15 p.m. Bullets strike the Aug. 11: Leonard Walker, 34, is shot in the iber pistol with a laser gun sight. Anthony C. car and a nearby house. Police later arrest groin by one of two would-be robbers, who Simone Jr., 40, is charged with various drug Keith Ware. 28, and Jumanee Orry Jackson, approach him in a car as he walks on the and weapons offenses. 24. at 70 America St. and seize two handguns. Route 95 overpass near his home at Dexter July 20: Someone reports shots fired at 39 July 7: Two men with guns and a woman Manor, 100 Broad St.. Providence. He tells Temple St., Providence, about 9 p.m. Police with a knife rob five people of more than police he was shot when he refused to give are met by a crowd of about 50 people they S4,000 in an apartment at 11 Babcock St.. them money. say "turned riotous." After a brawl, police Providence, being used as a clothing store. Aug. 10: A .22-caliber handgun is among arrest three adults and two juveniles for as- July 3: Ronald Volpe. 39, is shot to death as items reported stolen in a break at Century sault and disorderly conduct, and seize a .25- he trims his hedges at 39 Whipple Court. Plating International Inc.. 472 Potters Ave., caliber pistol and a small amount of mari- North Providence. Neighbors tell police Providence. juana. Volpe had been feuding with his next-door Aug. 4: Ernest E. Chandler III. 18, and a 16- July 20: A 17-year-old boy is shot in the leg neighbor, James A. Gallagher. about those year-old are arrested in a drug raid at Chan- on Chad Brown Street, Providence. hedges for three years. Gallaher is charged dler's apartment at 755 Atwells Ave., Provi- July 20: A masked man enters the Better with murder; police seize a shotgun and sev- dence. Along with marijuana and cocaine. Bake Shop at 373 Smith St.. Providence, at eral other weapons from his home. police seize a loaded pistol. 8:30 a.m., points a gun at an employee and JUNE Aug. 2: A resident of Pawtucket's flees with an undisclosed amount of cash. June 27: Keith Singleton, 18, of 27 Goddard Woodlawn neighborhood reports seeing four July 19: Hugo Herrarta and Jose Ruiz are St., Providence, is arrested on a warrant masked gunmen threaten another man be- robbed and assaulted by four men, one armed charging him with assaulting a woman with hind 67 West Ave. and fire about 10 shots into with a shotgun and another with a board, at a gun on Feb. 22. the rear of the house about 10 p.m. Police 146 Burnett St., Providence, about midnight, June 26: Edgar Berreondo. 29, breaks into say they are trying to identify and find the they tell police. Ruiz is treated for a head Ana Hernandez's apartment at 18 Joseph St., man who was threatened. cut. Providence, about 3 a.m. and guns down Her- Aug. 2: Bernard H. Speaks holds his 5- July 19: Fernando Tavares, 23, is fatally nandez and Elmer Flores, 24. He then kills month-old son hostage at gunpoint in his shot at 4:30 p.m. as he sits in his car arguing himself. The day before, Berreondo attacked home at 43 Atlantic Ave.. Providence, after a with a man on a bicycle at Parkview Avenue Hernandez when she refused to resume their judge grants custody of the child to his es- and O'Connor Street, Providence. He man- relationship, and police advised her to get a tranged wife. Speaks, 52, a state prison guard ages to drive to a nearby store, where em- restraining order immediately. She was so for nearly 19 years, surrenders after more ployees call police and rescue workers, but fearful that she asked her sister to take her than two hours of negotiations. dies a few hours later. A warrant is issued two children, 11 and 5, for the night. By Aug. 1: Jorge Ajaka. 35, of 271 Potters Ave., charging a suspect with murder. morning police have an arrest warrant, but Providence, allegedly threatens his ex- July 19: Harvey Monplaiser, 19. of 60 Penn it's too late. In a suicide note to his brother, girlfriend with a gun at her home. 347 Pot- St., Providence, is charged with illegal pos- Berreondo wrote: ters Ave. Police arrest him at his home and "I'm desperate. Ana was at session of a .38-caliber pistol and two 17- fault." seize a shotgun and a handgun. year-olds are charged with drug possession June 24: Rolando Miles, 18. is shot down on JULY after residents complain that youths are Stanwood Street, Providence, and dies on July 31: Curtis Lee. 20. is shot in the back selling drugs in the area. Police seize a sec- the operating table a few hours later. Wit- as he walks away after breaking up a fight ond pistol from the basement of 60 Penn St. nesses say Miles and another. unidentified between two people at Weybosset and July 18: Responding to a report of gunshots man were arguing loudly in the middle of the Clemence streets in Providence about 1:50 at 2:30 a.m., Newport police hear a man and street when the other man pulled a pistol a.m. a woman arguing inside 131 Sims St. Police from his waistband and shot Miles. August 24, 1994 CONGRESSIONAL RECORD-SENATE 23951 June 24: Jose DoSantos of 16 Barnes St., hospital and tell police they heard a single woman sits on her front steps at 10 Kossuth Pawtucket is arraigned on a domestic as- gunshot and didn't see anyone fire a gun. Po- St. with her two young children, she later sault charge for allegedly punching his wife, lice say they refused to cooperate further. tells police. Violanta DoSantos. Mrs. DoSantos told po- June 15: Two women are in a car in front May 22: A woman tells police a woman she lice her husband showed her a gun, accused of 29 Hart St.. Providence, when two men ap- has been feuding with pointed a gun at her at her of seeing another man and said if he saw proach, flash a gun and demand money. The her home, 50 Hamilton St., Providence. her with him he would shoot them both. women speed away, one later tells police. May 18: Rodney M. Perry, 23. is shot and June 24: A passenger tosses a loaded pistol June 12: Christopher Ross of Providence. is critically wounded outside 14 Louisa St., out of a car being followed by Providence po- shot in the arm during a dispute at Elmwood Providence, across the street from a Boys & lice shortly after 2 a.m. Police stop the car and Potters Avenues about 10 p.m. Girls Club. Police find at least six shell cas- on Orange Street and passenger Angel June 11: A 13-year-old boy is charged with ings in the street and slugs in nearby occu- Melendez, 22, is charged with possession of a possession of a handgun after Providence po- pied houses on Oxford Street. Perry and firearm. lice find him on Taylor Street about 10:10 Khalid Mason, who brought his wounded June 22: A Providence woman tells police p.m., then find a loaded 9mm gun on his friend to the police station, decline to give someone pointed a gun at her at Prairie Ave- backpack. details on what happened. nue and Oxford Street about 1 a.m. Police June 11: Kolawole Azerz, 19, of Providence May 17: State police raid 592 Pippin Or- stop a car matching her description on Pavil- is shot in the thigh during a dispute at Cran- chard Rd.. Scituate, and charge Bill Parham. ion Avenue and seize a loaded handgun from ston and Lester Streets about 5:30 p.m. 30. of that address with possessing steroids under the seat. Da'ud Nural-Islam. 21 of 64 June 11: Providence police charge Julio with intent to deliver and possessing a gun Camp St. is charged with possession of the Silva. 39. of 207 Camp St. with illegal posses- while possessing a controlled substance with gun without a license. sion of a firearm, a loaded .25-caliber pistol. intent to deliver. June 21: Gunfire erupts in Providence's June 9: Arthur DeFusco, 42, of Bristol May 16: Warwick police charge Christopher Washington Park neighborhood about 8:25 shoots a dog in the Crandall Road area of Woods, 19, with assault with a dangerous p.m. as Edwin Rodriguez, 17, and Eugenia Tiverton while looking for his stolen truck. weapon after four youngsters say he pointed Vasquez, 18, exchange shots in a dispute over and is charged with a misdemeanor court of a shotgun at them in front of his house at 127 a car. according to police. Rodriguez. stand- discharging a firearm without the permis- Cavalcade Blvd. Woods tells police he was ing on his porch at 206 California Ave., is sion of the land owner. DeFusco says the dog angry because someone in the neighborhood struck in the chest and critically wounded. A was chasing him, and he shot in self-defense. had kicked his car but says he held the un- 15-year-old relative then shoots Vasquez in (The dog is treated and released to its loaded gun by his side, and did not point it the face with a shotgun, later telling police owner.) at the youngsters. he was trying to protect Rodriguez. Vasquez, June 9: Four robbers confront Dennis May 15: Jose Matos. 21. of 18 Derry St., of Worcester, Mass., is charged with assault Green of Warwick and two of his friends at Providence, is shot while riding in a friend's with intent to murder and the 15-year-old is the Temple to Music in Roger Williams Park car about 2:10 a.m., he later tells police. The referred to Family Court. about 6:30 p.m., and shoot Green, 30, in the friend got into an argument with another June 21: A woman is raped at gunpoint by forearm "simply because he didn't have motorist and a passenger in the other car a masked man who cut through a screen to enough money," according to police. fired at them, striking Matos in the arm. get into her apartment, on Tappan Street, June 8: Newport police charge Steven F. May 13 and 14: Agents of the attorney gen- Providence. about 1:20 a.m. He then ransacks Borges. 32, and Russell J. Ney, 37, with carry- eral's narcotics strike force seize a pistol and the apartment and steals $39. ing a concealed weapon after they allegedly a shotgun, along with drugs, cash and a car. June 20: A woman is raped and two fami- try to sell a handgun to patrons at the On and arrest seven people after investigating lies robbed in a house on Norwich Avenue, Deck Circle bar on Broadway. alleged drug dealing in and around the Vet- Providence, after three men confront the June 8: Adriano Diaz, 70, of 62 Stanwood erans Memorial housing project in woman's boyfriend outside their home about St. fires a shotgun into the air about 3 a.m. Woonsocket. (Seventeen more suspects are 9:30 p.m. and put a gun to his head, forcing He tells Providence police he had been argu- arrested on drug charges May 16.) him back inside. They tie up the woman and ing with some men. and when one smashed May 12: A handgun and 50 rounds of ammu- the couple's children, and rob them of $40. his car windows he fired a single shot. Police nition are reported stolen in a break at 57 Raymond St. Providence. One man rapes the woman. The other two charge him with discharging a firearm with- May 11: Two handguns and a watch are re- take the boyfriend upstairs to a neighbor's in a compact area. ported stolen in a break at 95 Corinth St.. and force him to knock on the door. When June 5: A male acquaintance threatens a Providence. the neighbor opens the door the intruders Providence woman with a gun at her home, at 596 Public St.. about 11 p.m., she later May 10: Paul Gonsalves, 27, is shot in the burst in, tie up that woman and her boy- leg at a playground on Oxford Street in friend, rob tells police. them of $790 and ransack the Providence about 6:30 p.m. He tells police a apartment. June 4: A Providence woman tells police her boyfriend put a gun to her head and man he was playing basketball with fouled June 20: Vincent Lantigua of 92 Lonsdale him, they got into an argument and the Ave. in Pawtucket's Woodlawn neighbor- threatened to kill her about 9 p.m. He is not there when police arrive at her home, at 47 other man went to the side of the court hood. fires several shots at his upstairs where someone handed him a pistol. neighbors, with whom he has been feuding Lancashire St.; they seize a clip with six rounds of .32-caliber bullets. May 10: A 20-year-old Providence woman is for several weeks, according to police. (Nei- abducted at gunpoint about 3 a.m. by a man ther neighbor is injured.) Lantigua, 30, is MAY who orders her into his car at the Valley charged with two counts of assault with a May 31: An 11-year-old boy tells a coun- Street and Atwells Avenue, she later tells dangerous weapon. selor at the Camden Avenue Elementary police. She says he drove to the rear of the June 20: Albert Stokes. 27. is shot in the School in Providence that two of his friends Journal-Bulletin's Regional Circulation Cen- leg after two men with whom he had been ar- were having trouble with some boys in the ter at 55 Valley St. and ordered her from the guing on Houston Street, Providence, return neighborhood, pooled their money and car. with a .32- or .38-caliber pistol. bought a gun. By day's end police recover a May 9: Steven Price. 22. who was shot in June 19: David Scialo holds a gun to an- loaded .32-caliber revolver from a 14-year- April after a fistfight, is arrested trying to other man's head. punches him and threat- old. settle the score, according to Providence po- ens to kill him at about 12:30 a.m. near Canal May 25: A man accosts Vincent A. Paolino. lice. After shots are reported outside the Street and Park Row, according to Provi- 26. on Raymond Street. Providence, about 10 Living Room nightclub on Rathbone Street. dence police. Police find a loaded .25-caliber p.m., demanding money and a telephone. police charge Price, of 268 Indiana Ave.. with handgun in Scialo's pocket. Scialo. 26. of When Paolino refuses, the man pulls out a carrying a pistol without a license. They say Groton St., is charged with assault with a gun and fires several shots, wounding he tossed a loaded pistol into a trash con- dangerous weapon, carrying a firearm while Paolino as he runs away. tainer behind the nightclub. intoxicated and committing a crime of vio- May 25: A 17-year-old girl shoots herself at May 8: When a couple pull into their drive- lence while armed. Exeter-West Greenwich Junior-Senior High way at 166 Sixth St., Providence, a man June 16: Garrick Ashley of 29 Fairmount School with her father's handgun about 5 points a gun at the wife and robs them of St., Providence, is charged with receiving p.m.. in an apparent suicide attempt. She is S100. they later tell police. stolen goods after police find him with a hospitalized with a shoulder wound. May 8: Providence police, responding to a loaded handgun at 270 Pumgansett St. May 25: A .38-caliber gun is reported stolen report of a man with a gun on Chapin Ave- June 15: Adrian Ashby of Providence is overnight, along with money from the cash nue, charge Pedro Ramirez. 22. of 105 Chapin shot in the head by an unidentified assailant register, from Agaty's Store, 148 Sabin St. Ave. and Edgar Azurdia, 20. of 83 Ralph St., while a passenger in a car on June Street. He Pawtucket. with possession of a gun without a license. tells police he heard several gunshots. The May 24: Two men fire shots down Kossuth May 8: Vladimir Vasquez. 22. of 322 Veezie driver and another passenger take him to the and Putnam Streets about 9:30 p.m. while a St. is charged with possession of a firearm 7!-059 0l--17 V,l. 1.11(PI. 17) 25 23952 CONGRESSIONAL RECORD-SENATE August 24, 1994 without a license and firing without a li- signals the driver to stop. After a chase, in a stolen van driven by a fourth man. Min- cense and firing in a compact area after Rayner J. Vasquez, 18, of Providence is ar- utes later, the van arrives at the home of one shots were fired at Carpenter and Courtland rested on gun and other charges. Police say of the suspects, 367 Woonasquatucket Ave., Streets, Providence. he was carrying an unlicensed, loaded .25-cal- North Providence, where police and FBI May 8: Mary E. Stanford, 24, of 190 Gallup iber pistol. agents are waiting. One suspect flees, bran- St. is charged with assault with a dangerous April 19: Two men approach an attendant dishing a gun; another, still in the van, weapon and carrying a pistol without a li- at a car wash at 930 Main St., in the raises a gun above the dashboard. Officers cense after allegedly threatening a woman Woodlawn neighborhood of Pawtucket bind fire at least 10 shots, wounding the three sus- with a gun during a fight at 10 Croyland Rd. and rob him at gunpoint and strike him in pects in the van: Jamie Rose, 22. of 27 Robin May 8: A charred body, later identified as the head with a pistol. St., Normand J. Verrill, 31, 30 Kelley St., and that of Barry R. Kourmpates of Warwick. is April 15: Bristol Patrolman Steven P. Christopher Thibodeau, 36, 217 Webster Ave., found in Beavertail State Park in James- Calenda is indicted on two counts of assault all of Providence. David M. Vial, 23, of the town. An autopsy shows he died of gunshot with a dangerous weapon for allegedly point- Woonasquatucket Avenue address, is ar- wounds. Kourmpates, 23. had been released ing his service revolver at a dispatcher on rested nearby a half-hour later. from the Adult Correctional Institutions in two occasions in January. April 3: Shortly after midnight, a state po- March. April 14: Robert Volante, 27, of 40 Smart lice SWAT team is sent to the home of a Fos- May 1: Albert Gonzales. 20, of Pawtucket is St., Providence, is arrested on several gun ter man threatening to commit suicide. shot in the leg in a friend's apartment on charges after police stop his car at Branch After 2½ hours, police, the man's family and Summit Street. Central Falls. Police issue Avenue and Vandewater Street, in the North a friend talk him out of it. an arrest warrant for the other man. End. April 1: Ronald Coppola, 58. of Cranston APRIL April 12: A 16-year-old boy is charged with and Peter Scarpellino. 28, of North Provi- April 29: A .25-caliber semiautomatic hand- illegal possession of a gun found hidden in dence are gunned down at point-blank range gun and eight rounds of ammunition are re- bedsheets at 151 Reynolds St., Providence. at the Hockey Fans Social Club, 1362 Plain- ported stolen from an apartment at 160 Cot- (Police were investigating a report that two field St.. Cranston, in what police call an un- tage St., Pawtucket. youths had assaulted a woman and stolen her derworld dispute over respect. Police say April 29: Gerald Greene of 91 Parade St., pocketbook; another boy found in the house Antonino Cucinotta, 52. of Johnston believed Providence. is shot in the chest at Bridgham was charged with the robbery.) he had been slighted at the club, returned and Westminster streets. He says two men April 12: North Smithfield Patrolman and shot both victims in the head. wearing hoods pulled up in a car, confronted Scott Gould is shot at in the Union Ceme- MARCH tery at 1:30 him and, police say, "shot him for unknown a.m. as he investigates a report March 31: Patrons in Boot's Pub, 1757 Cran- that shots had reasons." been fired. Charles G. Ventry, ston St., Cranston, dive for cover when gun- April 27: Two men come looking for Steven 27. of Woonsocket is charged with assault fire sprays through the window about 9:45 with Price, 22, after a fistfight and find him at the intent to murder, two counts of assault p.m. Nobody is hurt. Police find a stolen car and carrying Bucklin Street Playground in Providence. a pistol without a permit. Po- on nearby Bolton Street, with spent shell One opens fire, wounding Price and a 13-year- lice seize two .38-caliber pistols and nearly casings in it. 200 rounds old boy who police say was "minding his own of ammunition. March 29: Manuel Rodriguez. 27. is shot in business, just playing baseball." April 11: A teenager tells police a masked the chest by one man while another holds gunman and April 27: Adalberto Leal, who stalked Carol two other men burst into 316 him down on the busy sidewalk outside his A. DiResto and threatened to kill her for Ohio Ave., Providence, and stole a watch, apartment at 850 Broad St.. Central Falls. months after she ended their relationship. jewelry, three VCRs and other items. Rodriguez is critically wounded; police issue walks into the Warwick hair salon where she April 10: Four people are injured and a fifth an arrest warrant for a man he knows. works and guns down DiResto, 26. and owner escapes with a scrape in two drive-by March 29: Two men abduct a 14-year-old Rocco Ruggiano Jr. He then apparently shootings in Providence, about 1 a.m. on girl at gunpoint from Broad Street near turns the sawed-off shotgun on himself; po- Hanover Street and just after 2 a.m. at Hoyle McDonald's, drive to an apartment in an lice find his body near DiResto's in the base- Square. The victims are Hann Han, 24; area she doesn't recognize and rape her, her ment of the salon, at 1928 Warwick Ave. Four Sophearak Huy, 21; Frank Franco and Robert mother later tells police. women, including DiResto, had obtained re- Hernandez, 25, all treated for gunshot March 28: Diane Blais and Stephen straining orders against him in the past four wounds, and Michael Fantasia. 24. who ap- Natalizia of Providence tell police they were years. He was sentenced to probation for vio- parently is grazed by a bullet. Arrested on sitting in her car at India Point about 10 lating one; police say they were unable to ar- gun charges are Prathip Prum, 22; Vireak p.m. when it was struck by another car. rest him for violating the order obtained by Three men got out, one hit Natalizia with a DiResto because they couldn't find him. April 8: After a car chase from Johnston stick and another pulled out a gun and de- April 26: Authorities arrest three people in into Providence ends in a collision, two manded money. The couple jumped back in connection with an alleged heroin ring, seiz- Johnston police officers corner one of the their car and drive away. ing drugs, money and two loaded semiauto- three suspects behind 10 Whitehall St. He al- March 27: gas station attendant David A. matic handguns. Alejanditio Maldonado, 22, legedly advances on the officers, threatening Rao, 52, fires two shots at a fleeing robber of 13 Yale Ave., Providence, is charged with them with a knife. While backing up, officer who put a gun to his ribs. The 8:30 p.m. inci- two counts each of possessing a firearm dur- John Sinotte slips, fires a shot and falls sev- dent, at the busy intersection of Newport ing a crime of violence and possession of a eral feet off a deck. Ronald Curt, 27, of Provi- and Beverage Hill Avenues in Pawtucket, firearm by an alien, as well as drug counts. dence is charged with assault with a dan- sets off a controversy over whether Rao was April 26: Jose M. Morales, 25. is shot in the gerous weapon. justified in shooting. David E. Hall, 20, of 41 chest after approaching two men tampering April 8: Roger Daniels, 20, of Newport is Lowell Ave. is charged with the robbery and, with his car, parked behind his apartment at charged with selling a 357-Magnum pistol to according to police, says the gun he used was 127 Silver Spring St., Providence. an undercover agent. a plastic toy. April 25: Troy Auger, 19, of 69 Mowry St., April 7: A 17-year-old girl tells Providence March 27: Kenneth Butler. 19, tells Provi- and Todd Guertin, 17, of 168 Douglas Ave.. police a man pointed a gun at her stomach in dence police he was talking on a telephone Providence. tell police three men tried to get the Dunkin' Donuts on Allens Avenue and outside 343 Elmwood Ave. when two men them to get out of their car on Mowry robbed her of $20. wearing ski masks drove up and shot him in Street. then shot at them as they drove off. April 6: Manny Fortuna is shot on Hamil- the finger. Guertin is treated for a shoulder wound, and ton Avenue, Providence, by a man demand- March 27: Providence police seize a .38-cali- Auguer is hospitalized with a neck wound. ing money he says Fortuna owes him, wit- ber revolver from an apartment at 40 Marl- April 23: Michael Harrop, 40, allegedly nesses tell police. After Fortuna falls to the boro St. frequented by runaway youngsters. drives into his former girlfriend's yard at 56 ground, the man fires several more shots at March 24: A report that someone had fired Maple St.. West Warwick, about 1:15 a.m. and point-blank range, then leaves in a car driv- shots from a car on Laura Street. Provi- fires a shot into the air from a 357-Magnum. en by another man. Hospitalized in stable dence, leads to the arrest of Peter Duval, 25, Harrop, of 3 Schofield St.. surrenders an hour condition. Fortuna, 24, of 56 Tell St., refuses of Westport, Mass. Police stop his car on later and is charged with several misdemean- to identify his assailant. Broad Street and charge him with illegal ors. April 6: Two stocking-masked robbers hold possession of a gun and marijuana. April 22: A handgun is seized, along with up LAR Imports, at 92 Broad St., Cum- March 23: A man is shot in the abdomen S17.000 and two vehicles, as police arrest berland, at gunpoint. Two customers with in- outside his home at 69 Hendricks St. Central eight suspects in an alleged Warwick-based fants are in the store. The robbers flee in a Falls. at 10:30 p.m. Police decline to identify sports-betting operation. stolen Jeep. him. April 20: A Scituate police officer spots a April 6: Three men rob the Dexter Credit March 23: Sixteen-year-old Allen McCreedy car with no license plates on Route 116 and Union, in Central Falls, at gunpoint and flee of Providence is killed instantly when a rifle August 24, 1994 CONGRESSIONAL RECORD-SENATE 23953 being handled by his best friend discharges. March 18: A Providence man tells police a Atwells Ave., Providence, when a bullet The shooting, in the basement of the 14-year- gunman stole his jewelry, jacket and car whizzes up through the floor. Their down- old friend's grandparents' home at 100 when he stopped at a liquor store at Elma stairs neighbor, Celso E. Teixeira. tells po- Donelson St., is accidental; police say the ant Broad Streets about 8:30 p.m. lice he was working on his AR-15 rifle when boy didn't know the gun was loaded. March 17: Jason E. Ferrell, 23. of Provi- the weapon went off. Teixeira, 21, is charged March 23: Fredrick Harris, 35. of 26 Lor- dence is treated in a hospital for a wound to with firing a weapon in a compact area. raine St.. Pawtucket, threatens to "blow his leg that he tells police he suffered when March 8: Three men kick in the door of the away" his girl-friend and shoot another two men confronted him outside 59 Anthony Bayside Credit Union at 1144 Eddy St., Provi- woman with a sawed-off shotgun, according Ave., Pawtucket. dence, and one points a gun at a clerk. de- to police. Harris, who is charged with as- March 16: A shotgun is among items re- manding money. sault, reportedly bought the gun a week ear- ported stolen in a break at 84 Veazie St., March 8: Marie A. Gonder, 29 and mother of lier. Providence. three, is shot to death in her home on March 22: A driver making a potato-chip March 15: After a dispute in the New York Chaplin Street, Pawtucket. Police charge delivery at Elmwood Avenue and Wilson System restaurant on Smith Street, Provi- her husband. Robert 0. Gonder, 48, with mur- Street about 10 a.m. is robbed at gunpoint of dence, a man fires five shots into a car. Don- der. $54, he tells police. ald Hannah of Providence and Mark March 7: Providence dog officer Scott Sco- March 22: A resident of 571 Cranston St., Bergeron of North Providence are treated for field says someone fired five shots at him on Providence, tells police a man threatened injuries. Sean Lewis. 18. of 1715 Chalkstone Jenkins Street. him with a gun at his home about 4 p.m. Ave. is charged with two counts of at- March 7: After a minor collision in the March 22: When officers arrive at 38 Royal tempted murder. parking lot of the Living Room, a nightclub St., Providence, to investigate a report of do- March 14: When Rafael Carvallo of Central on Rathbone Street. the driver whose car mestic assault. Eric S. Jones, 27, throws a Falls and his fiancee arrive at McDonald's at was struck gets out and fires four shots from loaded .380-caliber pistol out the window, ac- 1481 Broad St., Providence, they hear a dis- a 9mm handgun through the other's wind- cording to police. He is charged with domes- turbance and gunshots. Heading back to shield. Jason Odom is hospitalized with tic assault and possession of a pistol without their car, he feels pain in his foot and real- wounds in the face and arm. a license. izes he's been shot. March 3: Joseph Harbough of 34 Hilarity March 21: A man points a shotgun at a March 14: Shots are fired inside the St., Providence, tells police that two men clerk at the Mutual Gas Station on Mendon Charlesgate Apartments for the elderly in with guns barged into his bedroom about 1 Road, Cumberland. and demands money, but Providence during a dispute between the a.m., pistol-whipped him and robbed him. is scared off and runs away without any. On sons of two tenants. Nobody is hit by bullets, March 1: Providence police seize a gun in a July 28. Richard Jacques. 24. of Lincoln is ar- but Marilyn Siegel, 70. suffers critical head drug raid at 889-891 River Ave. rested and charged with attempted robbery. injuries of undetermined cause. Police arrest FEBRUARY March 21: A distraught man leads state po- her sons Steven and Paul Siegel and seize a lice on a short chase * * * evading a road- cache of guns and ammunition from Mrs. Feb. 28: Police break through a heavily block, then * * * church parking lot for more Siegel's apartment, where her sons had been barricaded door at 145 Oxford St.. Provi- than an hour. pointing a handgun at his staying. dence, where they seize 94 bags of cocaine head. Police eventually persuade him to give March 11: A resident of 400 Smith St., and a loaded pistol. Two 18-year-olds are up the gun, and he is taken to a psychiatric Providence, tells police someone apparently charged. hospital. fired a bullet through her window. Feb. 28: Hector Cabevuda tells Providence March 21: After a traffic confrontation on March 13: Summoned to 691 Mineral Spring police that two men. one with a gun. robbed warren Avenue. East Providence, police ar- Ave. about 3:45 a.m. for a reported shooting, him as he made a call at a public telephone rest Lesonga D. Rankin. 29. for threatening Pawtucket police find John Buco uncon- on Broad Street about 8:10 p.m. About 9:30. the other driver and his girlfriend with a scious and bleeding from a gunshot wound, a police stop two suspects on Prairie Avenue gun. They seized a loaded 9mm gun. five 357-Magnum on the floor beside him. The and seize a loaded handgun from one, a 17- other guns and ammunition from Rankin's next day police say Buco. 33. of 116 Samuel year-old. He is arrested and referred to Fam- home at 170 Warren Ave. Rankin, a state Ave. shot himself accidentally, and he is ar- ily Court. Training School employee, is charged with raigned in his hospital bed on weapons Feb. 25: Providence police and federal assault with a dangerous weapon and posses- charges. agents seize a handgun during a drug raid at sion of a firearm while intoxicated, and fired March 12: Jazell Robinson. 22. is shot in the 183 Eastwood Ave. several days later. back outside Club David on Westminster Feb. 24: Two men. one with a shotgun and March 21: Providence police seized a loaded Street. Providence, by one of two men who the other with a handgun, enter Fidas Res- .32-caliber handgun from Perry Snead. 23. a ran toward the club brandishing guns. The taurant, 270 Valley St.. Providence, about motorist they stopped on Pumgansett assailants flee in cars. 1:30 a.m. and demand money. Street. March 12: Westerly police charge six peo- Feb. 23: After a traffic dispute in Paw- March 20: Providence police, responding ple, including three juveniles, after a dispute tucket's Fairlawn neighborhood, Randall S. about 2 a.m. to a report of shots fired at an erupts in gunfire outside a house on Lisi, Jr.. 19. allegedly places a gun against Erastus Street address in Olneyville. find the Winnapaug Road. (No one is injured.) Within Vince Lombardi's head, then lifts it slightly ground and the house littered with spent minutes police seize two semiautomatic and fires, missing Lombardi by inches shells of various calibers. They later learn a handguns with obliterated serial numbers Lombardi. 25 is struck on the head with a man was taken from there with a gunshot from a Pennsylvania man; the next day, in a bag of beer bottles as he tries to flee. Lisi, of wound. Andrew Brown. 19. of 15 Peyton St. raid connected with the shooting, they seize 280 Langdon St., Providence. and two com- was hospitalized with what was described as a sawed-off shotgun, a machete and mari- panions are charged with assault. a .10-caliber slug to the back of the head. juana from a house at 7 Pond Rd. Feb. 22: An Economy Cab driver is robbed March 19: The ex-boyfriend of an 18-year- March 11: When Joseph Burton of the Fam- on Manton Avenue about 1:40 a.m. by two old Providence woman abducts her from her ily Court's Bureau of Family Support tries men he picked up in Olneyville. He tells po- home at gunpoint and rapes her somewhere to serve a subpoena on the owner of a busi- lice they threatened him with a gun. in the city, she later tells police. ness on DeSoto Street, Providence. the man Feb. 19: Two boys. aged 13 and 14. are ar- March 19: Two residents of Benefit Street, pulls out a gun and chases Burton and a wit- rested after a confrontation with other Providence, report separate holdups at gun- ness away. Burton later tells police. youths in North Smithfield. Police say one point in the neighborhood. March 11: An 81-year-old Pawtucket of the boys had a knife, the other a gun. March 19: A woman from Methuen, Mass., woman tells police that when she answered a Feb. 17: Alain Moise. 27. a doorman at First tells Providence police a man threatened her knock at her back door a man with a ski Impressions, a South Providence nightclub. with a gun, struck her with a baseball bat mask pushed his way in and robbed her at is shot to death by a man police say had been and stole $50 while she was walking on Al- gunpoint. thrown out a half-hour earlier. The gunman lens Avenue late at night. March 10: A 14-year-old boy tells Provi- then fires into the crowd of about 50 cus- March 18: Anthony Morehead, 27. is dence police someone fired a gun at him and tomers, wounding Reginald Baptiste. and charged with domestic assault after Patricia his 11-year-old friend while they were walk- flees. Morris. 30, of 20 Van Buren St., Providence. ing through a cemetery on Douglas Avenue Feb. 16: Responding to a report of drug tells police he put a gun to her head and about 6:50 p.m. sales in a common hallway at 91 W. Clifford threatened to kill her if she broke up with March 9: As a Pawtucket man exits Route St., Providence police arrest Noel Osborne. him. 95 at noon, a man he knows drives up beside 22. of 152 Tell St. at gunpoint as he accosts March 18: A pizza-delivery driver tells him, points a handgun at him and drives off. an occupant with a loaded handgun. Providence police he was robbed at gunpoint he later tells police. Feb. 16: Two men in ski masks, one with a on Puritan Street at Huntington Avenue March 8: A Providence couple and their handgun, rob the Woodlawn Credit Union on when he stopped to ask for directions. children are sitting in their apartment at 912 Main Street in Pawtucket. It is the fifth 23954 CONGRESSIONAL RECORD-SENATE August 24, 1994 armed robbery at an area credit union in team arrests Wayne J. Champlin, 39. who presented earlier to the distinguished three months. threatened to kill himself. Five weeks ear- majority leader, Senator MITCHELL. on Feb. 15-16: Federal agents and local police lier, Champlin shot himself in the neck with behalf of the Republican conference by in Newport, Providence and Philadelphia ar- a shotgun. the Republican leader. rest two dozen people, seizing drugs and Jan. 20: A Pawtucket woman is robbed by more than 20 assault rifles, sawed-off shot- three hooded men, two brandishing hand- I ask unanimous consent that the guns and handguns. They say they have bro- guns. who invade her Prospect Heights proposal be printed in the RECORD in ken up a "major violent crime ring" and apartment at night. Her young children and full. identify two suspects in a 1993 shooting a niece scream, the phone rings and the men There being no objection, the mate- death. flee. rial was ordered to be printed in the Feb. 15: Hassan Brown. 22. of 24 Trask St., Jan. 18: Two youths,one with a silver gun, RECORD, as follows: Providence, is charged with firing a gun in order a North Providence man out of his car CRIME his apartment. Police, investigating a report outside 55 Hope St.. Providence., they drive CONSENT AGREEMENT of shots fired, find Hassan and two friends in off with the car, picking up another boy and I ask unanimous consent that the pending the apartment and a handgun and two shell a girl. Police later arrest all four, and link crime conference report be laid aside. casings on the floor. two to the Warwick carjacking. I further ask unanimous consent that the Feb. 15: John Murray, owner of Michael Jan. 18: At 2 p.m., two gunmen rob the Senate now proceed to S. Con. Res. that Gerard Jewelers. Main Street, West War- Dexter Credit Union at 934 Dexter St., would correct the enrollment of the con- wick. shoots and wounds a robber who put a Central Falls. ference report to accompany H.R. 3355, and gun to his head and threatened to kill him. Jan. 17: A Warwick woman's car is stolen that it be considered under the following Police charge the alleged robber, Danny L. from her by three youths at the Rhode Island agreement: (with all amendments listed lim- Loaiza, 19. with five felony counts. Mall. One points a silver pistol at her. ited to 1 hour, equally divided) Feb. 10: A Providence woman reports that Jan. 16: Christopher A. D'Angelo. 35. of 178 PROPOSED REPUBLICAN AMENDMENTS-AUGUST two masked males came through the back Old County Rd., Smithfield, is charged with 24, 1991 assault for allegedly pistol-whipping a man hallway of her home on Detroit Avenue, Four amendments striking approximately showed handguns and robbed her of cash and police said he had picked up in Providence, $5 billion in "social spending" from the con- thinking he was a woman. jewelry. ference report (excluding funding under the Feb. 9: A 17-year-old boy flags down police Jan. 15: Three men approach a Charlestown Violence Against Women Act). on Smith Hill and says two boys tried to rob man as he sits in the passenger seat of a car Tigthen prison language: elimination of re- him; one hit him in the head with a gun, parked at 51 Pine St. in downtown Provi- verter clause, thereby ensuring that funds leaving a two-inch gash. Police arrest two dence at 4:20 p.m. Once brandishes a hand- remain allotted for truth-in-sentencing: boys. ages 13 and 17. on Smith Street. gun. they order him out and steal the car. Feb. 9: A Providence man tells police a Jan. 14: A youth shoots and wounds a elimination of "correctional plan" language man who had been feuding with his brother woman on a street in Chad Brown housing that unnecessarily burdens state prison ad- drove by and fired two shots at them. project in Providence. ministrators; ensure that prison funding will Feb. 8: Raymond L. Martin. 48. of 326 Plain Jan. 13: James B. McKinney. 36, of Provi- go to build "brick-and-mortar" prison cells, St.. Providence. is arrested after allegedly dence allegedly points a gun at a desk clerk not just prison "alternatives"; truth-in-sen- shooting at a neighbor, Valerie Robinson. of the Comfort Inn in Pawtucket and de- tencing for first-time violent offenders. during an argument. The shot missed Robin- mands money. He runs. Police chase him and Simpson amendment expediting criminal son, but grazed the skull of Rita Hopper. exchange shots. No one is hit. He is later ar- alien deportation. Robinson's niece. rested. Gramm mandatory minimum penalties for Feb. 7: Johnston police say David Howe. 28. Jan. 6: A robber, believed to be a woman, gun crimes. one of two arrested after a drug deal staged holds up the Quick Mart store at 164 Park Mandatory minimum penalties for selling by undercover officers, is shot in the shoul- Ave.. Cranston, brandishing a semiautomatic drugs to minors. der when Detective Melvin Steppo's drawn handgun. Mandatory minimum penalties for employ- gun accidentally discharges during a strug- Jan. 6: A man with a gun robs the Fleet ing minors to sell drugs. gle. National Bank in downtown Providence Drop mandatory minimum repeal. Sub- Feb. 3: Providence police officer Steven M. about 9 a.m. He flees in a car. Police shoot stitute Senate-passed proposal with a re- Shaw. 27. is shot to death at pointblank several times. David Posman, 37, is later ar- quirement that federal prosecutors have a range by a robbery suspect inside 110 Bene- rested in Seekonk. Mass. role in the decision to deviate from the man- dict St.. in the West End. Other police offi- Jan. 5: A 16-year-old student at Provi- datory minimum. cers return fire and kill Corey Fields. 24. hid- dence's Mount Pleasant High School points a I further ask unanimous consent that ing in a closet. handgun at the neck of another student in a following the disposition of the above Feb. 1: A tip leads Providence police to the school hallway and threatens to kill him. mentioned amendments, if any amend- bodies of an unidentified man, shot in the Jan. 3: Three men, one brandishing a hand- face, and a woman, shot several times in the gun, rob the Midland Farms convenience ments are agreed to, the conference re- torso, in adjacent houses on Burnside Street. store, 136 Spring St.. Pawtucket, about 10 port be placed back on the calendar The woman was later identified as Rosa Ji- a.m. and it not be in order in the Senate to menez. 23. Jan. 2: Derrick Barnes. 24, of 25 Nicholas consider that conference until the JANUARY Brown Yard, Providence, is shot to death as House has adopted the Senate concur- Jan. 21: Anabo; Garcia. 34,of Pawtucket is he sits in a car on Camp Street in Provi- rent resolution as amended, if amend- dence's Mount Hope neighborhood. Adrian shot in the leg near 110 Benedict St. in Prov- ed. idence's West End. Hazard. 17. and Derick Hazard, 23. are charged with murder. I further ask unanimous consent that Jan. 24: An argument between partners of if all of the amendments mentioned an employment agency on Broadway in Jan. 1: Gail Brown of North Kingstown is Providence erupts in gunfire when Hua shot in the hand at a New Year's Eve party above are defeated or tabled, then the Thack allegedly fires several handgun in Warwick's Conimicut section. Police say Senate proceed to a vote on cloture on rounds into Huy Ly. leaving him in serious she grabbed a handgun her husband, Joseph the conference report, at a time to be condition. Brown, was pointing at someone else. determined by the majority leader, Jan. 24: A man with a nylon stocking over A mounting toll after consultation with the Republican his face robs the Sunoco station at 1620 Post Killed by guns ...... 34 leader, with 2 hours equally divided be- Rd.. Warwick, at gunpoint. Wounded by guns ...... 55 tween the two leaders prior to the clo- Jan. 24: Several men wearing masks, one 2 ...... Reported rapes ...... 5 ture vote, and that if cloture is in- carrying a handgun, force their way into 109 Reported robberies 2 . . . .and...... attempted...... Sumter St. in South Providence in the early robberies ...... 54 voked, the Senate proceed to an imme- morning, tie up the occupant and rob him. diate vote on adoption of the con- 2'Includes 15 suicides. Jan. 23: Two hooded men, one carrying a "Involving guns. ference report. handgun, rob five people at 3:30 p.m. at Gar- Sources: 1994 Journal-Bulletin reports. R.I. Medi- Finally, I ask unanimous consent cia Auto Sales on Pine Street, Pawtucket. cal Examiner's Office. that if the House agrees to the Senate Jan. 22: Two men. one with a handgun, ap- concurrent resolution as amended, proach a Central Falls woman outside her Mr. DOLE addressed the Chair. house at midnight. Ordered back inside, the The PRESIDING OFFICER. The Re- then it be in order for the majority woman is raped, her husband pistol-whipped. publican leader is recognized. leader, after consultation with the Re- Jan. 21: After a six-hour standoff at 36 Win- Mr. DOLE. Madam President, I want- publican leader, proceed to the crime throp St., West Warwick, the police SWAT ed to just make a record on what was conference report, and there then be 2 August 24, 1994 CONGRESSIONAL RECORD-SENATE 23955 hours for debate to be followed by a So that is the first point. $25 billion, still $3 billion more than it cloture vote on the conference report, There were 10 amendments, 4 amend- was when it left the House-even and if cloture is invoked, the Senate ments dealing with spending; 4 amend- though you added one more year. Still, proceed to adoption of the conference ments. And then there will be an it is a very massive effort. Recall that report, without an intervening action amendment to eliminate the reverter Senate bill passed by a vote of 94 to 4. or debate. clause, to be ensured funds remain al- Only four Senators, I think two on Mr. DOLE. Madam President, let me lotted for truth in sentencing. Because each side of the aisle, voted against just explain what the proposal was. we are concerned about this bill, many that bill. In effect, we would lay aside the con- of us thought if you committed a vio- So there is no question about where ference report. We would call up a Sen- lent crime-underscore violent-you people stand on this legislation. It is a ate concurrent resolution, which would would do your time, or 85 percent of question where they stand after it was accompany the conference report, and your time. Now it has been changed. loaded up and became a spending bill; then it would be considered under an Oh, you get to commit the second vio- it became a social welfare bill instead agreement of 10 amendments, an hour lent crime before you serve your time, of a crime bill. I hope if the majority on each amendment, equally divided. so you get a discount for the first vio- leader will be able to accept what we Then, if any of the amendments are lent crime. think is a reasonable proposal-I must agreed to, the conference report goes We eliminate a lot of other things in say we have had about 3' hours of con- back on the calendar, the concurrent the prison part that Senator HATCH ference. I understand the majority resolution goes to the House, and then may want to address. He is more of an leader has a conference tomorrow the House can either amend it or ac- expert on this than I am. We also try to morning at 9:30. But we believe this is cept it or do whatever. ensure that the prison funding will go a fair proposal. If all the amendments are tabled or to build brick and mortar: Prison cells, Some are objecting and saying this defeated, then the Senate would pro- not just prison alternatives. has to go back to the House. The con- ceed to vote on cloture on the con- Then, as I said, we have the truth-in- current resolution, if there are any ference report, at a time determined by sentencing for first-time violent of- amendments adopted, have to go back the two leaders. fenders. Then we had an amendment to the House. That is true. So what? It Then finally, if the House agrees to adopted in here, offered by the distin- goes back to the House They act on it. the concurrent resolution, as amended, guished minority whip, Senator SIMP- If they accept it then we pass the con- after consultation with the Republican SON, on criminal aliens, deportation of ference report in the Senate. That can leader and the majority leader, the criminal aliens. It was accepted: Unan- be done in a matter of days. That is my Senate proceed to the crime conference imous consent. Nobody was opposed to understanding. I would have to check with report, and there be 2 hours debate, to it. It was dropped in conference. We the Parliamentarian on the House side. Most of these matters can be be followed by a cloture vote on the would like to offer that amendment. conference report. And if cloture is in- An amendment by the Senator from cleared by Democrats and Republicans in the House and would not take a voked, the Senate proceed to adopt the Texas [Mr. GRAMM] with reference to mandatory minimum penalties for gun great deal of time. conference report without any inter- So, just to keep the record straight. crimes. He spoke to that. He can speak vening action or debate. make it clear, we are cutting out all Let me say, just in very quick sum- to that again. The Senator from Alas- spending-call it whatever you want. mary, what this agreement does and ka is also interested in that and has The Senator from Delaware said is it what it does not do. I have heard so been for some time. fish? many different stories, some related by Mandatory minimum penalties for pork or is it chicken or is it Whatever it is, it is out except for do- CNN and others that I did not think selling drugs to minors-what is wrong mestic violence and drug prevention, were quite accurate. The New York with that? Is anybody here going to Federal and State prisons. We believe Times subheadline was totally inac- vote against that? We hope not. There it is a step in the right direction. curate. ought to be a mandatory sentence for Keep in mind there are already 260- We are taking all the pork out of selling drugs to minors. some programs, Federal programs now. this. Democrats say what we put in was Mandatory minimum penalties for It is not that we are taking the last lit- pork; we said what you put in was employing minors to sell drugs-just as tle program away. We spend about $25 pork. Let us just take it all out. As far reprehensible. There ought to be man- billion already on many of these pro- amend- as the American taxpayers are con- datory penalties. Again, these grams- cerned, that will save them about $5 ments passed overwhelmingly, with a Mr. HATCH. On job training alone. billion. big margin, and for some reason some Mr. DOLE. On job training alone; and We leave in the money for domestic were rejected in the conference. there are another hundred programs violence, because we have had hearings Then we dropped the mandatory min- dealing with many other areas. So just on that and I think we can justify the imum repeal and substituted a Senate- so the RECORD will reflect what we did $1.62 billion or whatever it is for child passed proposal with the requirement propose to the distinguished majority abuse, spousal violence, and a lot of that Federal prosecutors have a role in leader, I hope I have explained it cor- other programs in that $1.6 billion. the decision to deviate from the man- rectly. But it is a $5 billion reduction We also would leave in, I think, datory minimum because that is some- in spending: $5 billion. It is a lot of about $400 million for drug treatment thing that had been suggested, I guess money. We are prepared to surrender in Federal and State prisons, because by the U.S. Attorneys Association. I any amendments-I think on this side that is prevention. No question about will yield to Senator HATCH to clarify it is about S600 million added. But so it. Nearly every one of the other pro- anything I might have messed up. what? Take it out. Go back and have grams, which add up to about $5 billion Mr. HATCH. These are President some hearings, see if you can justify it. in the House bill or the Senate bill, Clinton's own prosecutors that we are If that is the case, maybe it will belong many without any hearings and many satisfying here. on a bill next year. without any justification and many Mr. DOLE. It was their request? I have nothing further to say. were in fact social programs, will be Mr. HATCH. That is right. Mr. HATCH. Will the Senator yield taken out. Mr. DOLE. The thing you did not find for a few questions, just for clarifica- The Local Partnership Act was taken in there was any amendments on guns. tion purposes? out of the stimulus package, which was So there is no guns and no pork. It is Mr. DOLE. Yes. defeated last year, $1.8 billion. It had pretty clear cut. Mr. HATCH. What happens if the ma- nothing to do with crime and was just We want to join all those who want a jority leader rejects this offer? stuck in the crime bill on the House crime bill-want a crime bill. Not a Mr. DOLE. If the majority leader re- side by liberals on the conference. spending bill but a crime bill. It is still jects this, as I have told the majority 23956 CONGRESSIONAL RECORD-SENATE August 24, 1994 leader, then we would make a point of Mr. HATCH. Just one last question, way you solve the crime problem is order against the conference report. It Mr. Leader, and that is this. Is it not spending billions of dollars you do not is subject to point of order under, I true that the Simpson amendment ex- need to spend, and others of us feel think, section 306 of the Budget Act. pediting criminal alien deportation-in there are other ways to deal with crime Then there would be a motion to waive, other words when an alien is convicted and that is with tough mandatory pen- and if it is waived there would be de- and sentenced the judge can issue a de- alties. bate on the conference report. Then it portation order right on the spot, so If you sell drugs to minors it ought will be voted upon after a cloture vote. the minute that alien serves his or her to be mandatory. If you engage minors If it is not waived, then the bill is open term they are gone? They are out of to sell drugs it ought to be mandatory. to amendment; the conference report our country and out of our hair and not We are ready to vote on those amend- disappears. able to commit any crimes in our land; ments. I think it would be hard to re- Mr. HATCH. Could I ask another that the mandatory minimum pen- sist, and I think there would be a lot of question? For 2 days I have seen people alties for gun crimes, that the manda- bipartisanship in not only the debate on this floor savaging Republicans be- tory minimum penalties for selling but in the vote. cause they seem to think this is all a drugs to minors, that the mandatory Mr. HATCH. If I can ask one last gun fight. They seem to think this is minimum penalties for employing mi- question, one of the arguments is that we all over assault weapons. nors to sell drugs, and that the tougher are asking the House to vote on this When the Republican leader says as- again. mandatory minimum sentencing stat- But it seems sault weapons are out, what he means to me that is precisely utes, were all in the Senate crime bill what is that, if I am interpreting the Sen- they are asking us to do; is it and all passed overwhelmingly? not? ator correctly, is that we are not even Mr. DOLE. As far as I recall. I would Mr. DOLE. True, they want us to let considering the assault weapon ban as have to doublecheck but we did have the conference report go -the Demo- in the bill? It is in the bill? the votes down there. I think each crats. They say, let the conference re- Mr. DOLE. That is correct. passed by rather substantial votes in port go, let the President sign the bill, Mr. HATCH. That means nobody is every case. Maybe one was 58 to 42, I and then we will send the bill over. going to raise an issue about it? think on the minimum sentence for use Mr. HATCH. Is it not true that the Mr. DOLE. I think in the list of of guns. House cut a deal with the President, amendments we had yesterday, which Mr. HATCH. Quite substantially they Leon Panetta, and the House leader- were only proposed Republican amend- passed. ship over there, and all we are asking ments, somebody singled out amend- Mr. DOLE. Substantially. is some of these provisions that we ment 11 or 12 which says "strike gun Mr. HATCH. And they were in the fought hard for on the floor and I ban." original Senate bill? fought hard for and Senator BIDEN Mr. HATCH. That is right. Mr. DOLE. Right. fought hard for that all of us passed Mr. DOLE. That is no longer in here. Mr. HATCH. So the conference report with pretty substantial votes, be given Mr. HATCH. So there would not be a is considerably different from the consideration by the House and put motion to strike the gun ban. original Senate bill? back in? Mr. KERRY. Will the Senator yield Mr. DOLE. Right. Mr. DOLE. Let me also include, after for a question? Mr. HATCH. And it lacks all this the list of the proposed amendments Mr. DOLE. There would not be a mo- stuff on crime provisions that we all which I delivered to the majority lead- tion to strike it. passed here and had motions to in- er and also a copy of the agreement-it Mr. HATCH. So the guns would not struct to keep in, in conference? has already been included in the be an issue? It is a nonissue? Mr. DOLE. Let me just conclude by RECORD-let me also add an editorial Mr. DOLE. I think it is a nonissue. saying that the majority leader made a from the Wichita Eagle which says the Some have tried to make it such, be- proposal which we looked at, and it, in best thing to do with the crime bill is cause-for reasons best known to them, effect, said sometime later next month not to pass it because of the spending- but it is not an issue now. It is not in we will bring up a bill and you can because of the spending. And I do be- here. offer all these amendments on that lieve the American people, despite the Mr. HATCH. Exactly what I have bill. Then we will send that to the spin put on by the other side, are be- been saying for 2 days while we have House. ginning to understand there is a lot of been getting savaged by the other side. The House might take it up or might spending in this bill-a lot of spending There is only one reason they have not take it up. If they took it up there in this bill. done that and that is because it is the is no assurance it would pass. Now I The Wichita Eagle is not known to be only issue they have left. understand there may be a further pro- a conservative newspaper in my State, Mr. DOLE. There are a number of is- posal: In addition we will guarantee but they have taken a look at it and sues. I must say-somebody said why the House will take it up. What does they decided there is too much spend- do you want to have a cloture vote? I that guarantee? We do not have any le- ing. We have not justified it. will tell you, if we do not knock out verage. The only leverage we have now Madam President, I ask unanimous some of the spending, there are a lot of is the conference report, and I have to consent to print that editorial in the people who will not vote for cloture. If believe if the shoe were on the other RECORD. There being no objection, the edi- we cannot take out the $5 billion, why foot and we were trying to say just torial was ordered to be printed in the should you vote for cloture? You may send it over to the House, we will get RECORD, as follows: not adopt some of the enforcement pro- them to take it up, they would not buy visions. If we cannot, why should we that. [From the Wichita Eagle. Aug. 24, 1994] vote for cloture? Maybe some will say Mr. HATCH. That is right. DIE. CRIME BILL-CRIME-FIGHTING IS A LOCAL RESPONSIBILITY I cannot vote for cloture with a gun Mr. DOLE. We would not buy that. ban, but that is going to be just part of The most appealing aspect of the $30.2-bil- So I hope-we have tried to make it lion crime bill passed by the House Sunday is the mix. There will be a whole number clean, tried to make it simple: No guns, that the money to pay for it would come of reasons why some may or may not no pork, 10 amendments. We are ready from a 270,000-job reduction in the federal vote for cloture, and a vote for cloture to go. If we cannot get that agreement government. The money to pay for all the means we shut off debate. We are pre- let us have the point of order, win or anti-crime programs created in the bill pared to move as quickly as we can and lose. Let us have the point of order. wouldn't go onto the $4 trillion-and-growing if we do not have the votes, if we make Let us let the American people know, national debt. the point of order and do not A better course for the House, though, have the win or lose, that there is a fundamen- would have been to adopt a resolution ac- votes, then we will debate the motion tal difference in philosophy around knowledging that, yes, Americans are wor- to waive. here and that some people think the ried about crime and exhorting state and August 24, 1994 CONGRESSIONAL RECORD-SENATE 23957 local officials to do something about it- assault weapons ban in the Senate is would take place for certain at a time while at the same time eliminating the very small, but it is somewhat greater to be agreed upon, as I understand it. 270.000 jobs. The savings could have been ap- in the House. plied to deficit-reduction. There could be no filibuster. You con- The national debt The proposal is a greater threat to Americans' security that the distinguished trol that, Mr. Leader. than crime could ever be. Republican leader has given us does Mr. MITCHELL. Well, Mr. President, Besides, there's little reason to expect that not include an effort to strike out the the purpose of a filibuster is to force a the programs in the crime bill will make one assault weapons ban in the Senate 60-vote requirement in a situation whit of difference in the crime rate: not the where it would almost certainly fail, which otherwise would only require 51 federal death penalty for 50 new crimes, not but it would create a new opportunity votes. the extra 100.000 police officers, not generous to do so in the House where that oppor- Mr. STEVENS. Will the Senator new subsidies for prison-building by the tunity does not now exist and where yield further? states, not the ban on certain kinds of semi- Mr. MITCHELL. Certainly. automatic assault rifles, not the three- the chances for succeeding in striking out the assault weapons ban would be Mr. STEVENS. That is guns. That is strikes-you're-out provision for federal guns. We want a chance to see who is crimes, not even the crime-prevention pro- much higher; in effect, exchanging an grams that survived congressional cost-cut- existing right in the Senate which has violating the second amendment, but ters' knives. almost no chance of approval for the we are willing to do it whenever you The real hope for reducing the crime rate creation of a new right in the House are ready. Mr. MITCHELL. I thank the Senator lies in neighborhood action against the so- which does not now exist and where the cial forces that turn children to crime. Gov- because I think he chances for succeeding are somewhat has made my point ernment has a role in attacking those forces. very effectively. but the impetus has to come from citizens higher. Mr. BROWN. Will the distinguished themselves. So I understand and respect that if majority leader yield for a question on If extra public money is needed to create someone wants to strike out the as- guns? local or state anti-crime programs, it should sault weapons ban from the crime bill, Mr. MITCHELL. Certainly. be raised from local or state tax bases. Cre- this proposal makes sense. It is a very Mr. BROWN. Madam President, I re- ating such programs at the federal level is carefully thought out proposal in that spectfully suggest to you, as one less effective, because Washington can't pos- on regard because it gives up the right in this side of the aisle who voted for the sibly hope to envision and write programs the body where the right now exists that work equally well in Boston, Spokane, ban on assault weapons, that there is Wash., and Wichita. but where it cannot succeed and cre- no filibuster here. To suggest that The matter now rests before the Senate. ates a new right in the body where the there is a filibuster is a disservice to where Republicans object to it because of its right does not now exist and where it the Members on this side and to the cost. Good. This thing may collapse yet. If it could succeed. proposal that was sent to the majority does, the American people will be just as safe That is one of the factors that we leader. as they are now. will have to take into account in evalu- The fact is this proposal does not Mr. DOLE. So we will await the con- ating the proposal. guarantee the House of Representa- ference tomorrow, and I assume at that Second, under the proposal, no action tives will get to vote-even one vote- time there will be another meeting be- could occur on the crime bill-none on assault weapons. I know the distin- tween this Senator and the distin- whatsoever-if one or more of the pro- guished leader is aware that amend- guished majority leader. posed amendments were adopted. If ments that come to the floor in the Mr. MITCHELL addressed the Chair. they were adopted as part of the reso- House are governed through the Rules The PRESIDING OFFICER. The ma- lution, it would then go to the House of Committee. It is obviously a much jority leader is recognized. Representatives where it would pre- stricter set of rules than we have in the Mr. MITCHELL. Madam President, I sumably be fully amendable, and not Senate, but to suggest that the Speak- thank my colleague for his comments. only could an amendment be offered to er's Rules Committee would permit a I regret that I was not present during strike out the assault weapons ban, but vote on assault weapons is something I all of his remarks and, therefore, am any other amendments could be of- do not believe would happen. not able to respond to all of them. fered, and no one knows what the re- Second, I would point out that for I would like to make a few comments sult of that would be. one who has fought this battle through on the proposal that has been made and The proposal is not clear on what on this side of the aisle, I think it is reiterate what I told the distinguished would occur at that point if the House very significant that the proposal that Republican leader, that we will have a adopted a concurrent resolution dif- has been brought to you is a measure conference of our colleagues tomorrow ferent from that which had previously which does not involve a specific and review the proposal and respond been approved in the Senate. At least I amendment to delete the gun ban and, and make what I hope will be an appro- do not understand what would occur, more specifically, clearly does not priate and acceptable response. and we hope to get that clarified. mandate a vote in the House. I would like to offer a couple of ob- Now, finally, the proposal is that we Third, I think it puts the legislation servations about it, though, particu- vote on a list of 10 amendments which in a form where the ban that has been larly as it relates to some of the are presented as necessary to correct passed in this Chamber and in the central concerns on our side. what is wrong in the crime bill, and yet House Chamber will become part of the The Senate recently voted on ban- even if all 10 were adopted to correct law, no matter what we do in the form ning assault weapons, and the vote was what is wrong in the crime bill, a fili- of amendments. 56 to ban assault weapons, 43 not to ban buster would still occur and we would Last, as one who thinks that a ban them. It was a decisive vote. It seems have to file cloture and get 60 votes to ought to take place, I believe that al- clear to all concerned that if the Sen- defeat the filibuster. Well, the question lowing the votes in the Senate and a ate were to vote again on an effort to is, if these amendments will correct ratification in the House on the ques- strike out of the crime bill the assault what is wrong in the crime bill, then tions of pork and the questions of being weapons ban, that effort would fail. why would we need to get 60 votes at soft on crime will be the best way to In the House, the vote on the assault the end? Have I misread- put this bill into the shape it must be weapons ban was much closer, 216-214 Mr. STEVENS. Will the leader yield? in to become law. with three Members absent and not Mr. MITCHELL. Have I misread the To the contrary, it is my belief that voting. proposal in that regard? by refusing this proposal, that by re- Under the existing circumstance, the The PRESIDING OFFICER. Does the fusing further votes on important House does not have the opportunity to majority leader yield? crime control amendments, it will do amend the crime bill to strike out the Mr. MITCHELL. Yes. more harm toward eventually passing a assault weapons ban. The Senate does. Mr. STEVENS. That proposed agree- ban on assault weapons than any other But the likelihood of striking out the ment indicates that a cloture vote course of action we might take. 23958 CONGRESSIONAL RECORD-SENATE August 24, 1994 I thank the distinguished leader for the Brady bill sometime soon. And I sort of a loose rules or conference com- yielding that time. even talked to the Speaker. mittee and added some more amend- Mr. MITCHELL. I thank the Senator. But I really believe that what we are ments to the conference committee as If I could just respond briefly to the talking about can be accomplished they were agreed to by the bipartisan last comment, I have proposed that the very quickly, in a matter of days the group there. Senate debate and vote on those provi- President could sign the conference re- So this is not anything that is sions. Of course, it already has. Every port. And we think this can be done. unique, it has never been done before. provision there has been debated and We have already cleared it on the Re- It is done, maybe not frequently, but voted on in the House, Senate, and I publican side in the House. The minor- there is certainly a lot of precedent for think in the conference, although I was ity party has no objections, said they it. not a member of the conference. And I would not stand in the way of this I have not given up yet on the Brady proposed that. I am agreeable to that. being cleared even while they may not bill. We are still going to have several In fact, I will agree to do that when- be in session. Now, they may have to weeks here, and I am trying to think ever the distinguished Republican lead- move from pro forma to another type what I wish to put on it but no good er would like, that we bring them up session. That can be done. But there thoughts have come to mind. and vote on them. would be no-not every House Member Mr. MITCHELL. Well, I just await My concern is that the crime bill not would come back, and according to Mr. my friend and colleague. be held hostage to those provisions. GINGRICH there would be no objection Mr. GRAMM. Will the distinguished That is the only area where we dis- to clearing what we propose if in fact majority leader yield for just one mo- agree. My concern is that if we do it in some of the amendments were adopted ment? the manner suggested, the crime bill in the Senate concurrent resolution. Mr. MITCHELL. For a question or will never become law, whereas if the So we are not talking about a big statement? concern is that we take up and debate delay or taking up a lot of time. But Let me finish my statement. Then I and vote on these provisions I am just to say that we will bring will yield the floor. up a sepa- Mr. GRAMM. It agreeable to that. I am agreeable to rate bill and you put your amendments is a question but a little statement building doing that right away. And then that on there and we go ahead and sign the up to it, so the Senator understands debate and those votes would occur. conference report the question. and maybe the House Mr. MITCHELL. If I could finish The problem is-and this is an appro- will my even agree to consider it, in my own statement, then I will priate concern the distinguished Re- yield the view, I do not really believe that is floor. Then publican leader has expressed-there is the Senator can say any- something that we could sell on this thing no guarantee what will happen in the he wants. I think that is fair to side of the aisle. all concerned. Everybody House. But that same argument applies has a chance Mr. MITCHELL. Madam President, if to do it. to the concurrent resolution. We have I might just respond on the question of I want to just address the subject of no guarantee what will happen in the the Brady bill, right here on page 2 of spending which has been much dis- House. the calendar is the unanimous-consent cussed here and was just mentioned by Mr. BROWN. I appreciate that. I agreement on the Brady bill that was might simply the distinguished Republican leader. add one comment on entered into on November 24, 1993. And The first point to be made is that the that. For Republicans to have that that provision provides that any time bill which passed the Senate by a vote concern about a House dominated by the Republican leader wants I will of 95 to 4 and which I believe was the Democratic sup- Party is one thing. For bring up the Brady bill amendments. ported by all but two Republican Sen- the Democratic leader to have that The decision not to bring up those ators and two Democratic Senators concern about the House actions, amendments was the decision made by covered 5 fiscal years-from 1994 which is dominated by his own party our distinguished colleague, the Repub- through 1998, inclusive. The conference and by a Rules Committee that, the lican leader. report, that is, the measure now before last I counted, was 2 to 1, plus 1 Demo- The House has not got anything to do the Senate, covers 6 fiscal years, 1995 crat, strikes me as a wholly different with this because unless and until the through the year 2000. So everyone concern. Senator advises me that he wants this should understand that it is for a dif- Mr. MITCHELL. Well, I understand brought up-and I am prepared to do so ferent period of time and and appreciate that. And I have offered a longer pe- whenever he asks to do it-there is riod of time. The first bill, as majority leader allowing for a proc- 1994 through nothing for the House to do because we 1998, the second bill 1995 through the ess in the Senate like the Rules Com- have not acted upon it. mittee. year 2000. In the years which are com- So I do not believe that is in any way mon to Would the distinguished Republican both bills, that is, the 4 fiscal analogous. If the Republican leader years 1995 through 1998, the amounts of leader like me to yield? wants me to bring up those amend- Mr. DOLE. Yes. I have been advised money to be laid out in each year are ments, I will do so, and I have told him less that under the House germaneness in the bill now before the Senate that, any time he wants. We made that than the rule, the gun amendment would not be bill that was voted by the agreement and that commitment. So Senate by a vote of 95 to 4. The spend- in order under the rules over there. I that is a different situation from the will double check it. ing is actually less in each year. As I understand one which we are now describing. Mr. the HATCH. Will the Senator yield? germaneness rule in the House, you Mr. DOLE. Will the Senator yield? Mr. MITCHELL. Let me could finish my not offer a gun amendment. So Mr. MITCHELL. Yes, I will certainly statement if I might. that argument goes out the window. yield. The increase is a result of the two And I must say that if I were in the The PRESIDING OFFICER. Does the extra years that were added, 1999 and majority leader's position, I would Republican leader wish to be recog- 2000 after dropping off the first year, probably say, well, why do we not just nized? and since the first year was only part bring up a separate bill and you would Mr. MITCHELL. I have the floor, but of a fiscal year the amounts were very have all these amendments; you can do I will yield to the distinguished Repub- small. That is the first point. it tonight and maybe-and we will even lican leader. That is to say, the amounts in the get the House to consider it. We will Mr. DOLE. It also occurs to me the years common to the Senate bill that even go as far as saying they will con- House could have done the very same passed 95 to 4 last fall and the bill now sider it. thing that we are proposing. They before the Senate are less each year in We have already made one of those could have sent us a House concurrent the bill now before the Senate than arrangements on the Brady bill. I do resolution, whatever, and asked us to they were in the bill that passed. not say the majority leader acts in bad do something. I mean they had the Now, the second point to be made is faith. In fact, I guess I would bring up same right except they went back into that the Republican crime bill here in August 24, 1994 CONGRESSIONAL RECORD-SENATE 23959 the Senate was for $28.24 billion over 5 Mr. HATCH. That is just what you sion, and that provision was in the bill years. The Democrats' proposal is $30.2 said. which passed the Senate the first time. billion over 6 years. Mr. MITCHELL. I read from a The Senate was fully aware of it. I ac- Now, this document has been put out quotation of your document. That is knowledge that not raising it on the by our Republican colleagues. This is not a position of mine. bill does not preclude anyone from the Republican alternative crime bill Mr. HATCH. I do not know anyone raising it now. The point of order re- conference report dated June 30, 1994. who disputes it. mains in existence to be exercised as And I will read the first two sentences. Mr. BIDEN. I do. If the Senator will Senators choose. But the point is that The Republican proposal is a deficit neu- yield for a question, if you wish to find it was praised as a means for dealing tral $28.24 billion 5-year plan. someone who will dispute, it is I. with this issue. And I believe that it is Mr. HATCH. Will the Senator yield Mr. HATCH. Is yours deficit neu- significant in this debate as we debate on that point? That is important be- tral- -$30 billion? and prepare to vote, if we do, on the cause that is at that point. Mr. BIDEN. Yes. point of order, which Mr. MITCHELL addressed the Chair. does, of course, The PRESIDING OFFICER. Does the require 60 votes to overcome. majority leader yield? Mr. HATCH. Show me how, when, and why. Mr. BIDEN. Will the Senator yield Mr. MITCHELL. If I could just finish for a question? reading the sentence. The PRESIDING OFFICER. The ma- jority leader has the floor. Mr. MITCHELL. Madam President, I Mr. HATCH. All right. am going to yield the floor and let any- The PRESIDING OFFICER. The ma- Mr. MITCHELL. I do not think that actually was a question. But I have no body else who wishes to seek the floor. jority leader does not yield. Several Senators addressed the Mr. MITCHELL. Let me read the two objection to the Senator making it. I would like to finish my statement, Chair. sentences, if I might, and then I will and let other Senators have the floor. I The PRESIDING OFFICER. The yield for the question. Chair recognizes the manager of the Again I am reading. This is from the think everybody will have a chance to speak. I do not want to try to monopo- bill, the Senator from Delaware. Republican description of the two bills. Mr. BIDEN. Madam President, I It is the Republican alternative crime lize the debate. I merely want to make one further point about the point of promise my colleagues I will be only 30 bill. I am advised by my colleague that seconds. I ask the majority leader, this was released by the Senator from order. The point of order has nothing to do since I do not know all of the details- Utah at a press conference. So the doc- with the amount of money in the bill. I am not sure what the counterproposal ument says, if I could just read the So while a lot of the discussion has of the Republican Party has been first two sentences: intermingled the two and created here-but is it not true that if, in fact, The Republican proposal is a deficit neu- we accept at this moment every single tral $28.24 billion 5-year plan. The Democrat among many people the impression that the point of order is being made thing the Republican compromise of- anticipated proposal is a $30.2 billion 6-year fered, we would still be in violation of plan (full funding takes until the year 2000) because of the amount of spending in which proposes $13 billion in deficit spend- the bill, it should be clear that there is the Budget Act? ing. no such relationship. There is no rela- Mr. MITCHELL. Yes. On the level of spending, the level-- tionship whatsoever. Mr. BIDEN. Thank you. Mr. HATCH. I think at this point- The point of order is based upon the Several Senators addressed the Mr. MITCHELL. Of $28 billion over 5 fact that the crime bill includes a pro- Chair. years is more money per year than $30 vision which reduces the spending caps The PRESIDING OFFICER. The billion over 6 years, which, I think we now in place on discretionary spending Chair will recognize the Senator from do not agree on much, but I think we by the Federal Government so as to en- New Mexico. Mr. DOMENICI. I thank the Chair. can agree on that. sure that the money goes to the crime Mr. HATCH. If the Senator will bill and is not spent for other purposes. I know that the distinguished major- yield-- It is not the amount of money that ity leader has to leave the floor. But, The PRESIDING OFFICER. The ma- triggers the point of order. It is the ex- hopefully, he will be here long enough jority leader does not yield. istence of a provision which reduces so that I can at least say, as one who Mr. HATCH. I am entitled to ask a the caps, a measure which is within the was for the trust fund and urged Mem- question. jurisdiction of the Budget Committee bers not to support a point of order, I The PRESIDING OFFICER. The ma- but which was not reported by the feel that the American people should jority leader has the floor. He does not Budget Committee. The point of order know that we have changed things sub- yield. seeks to strike down the crime bill be- stantially since I was for it. Let me tell Mr. HATCH. He said he would yield cause this provision is in it. you how. for a question. The point I want to make is that the First of all, there is nobody that can Mr. MITCHELL. I yield for a ques- provision which is being attacked by deny that being for a bill and saying tion. the point of order was approved know- "do not waive the point of order" does Mr. HATCH. Let Senators at least ingly by the full Senate on several oc- not commit a Senator to that position ask questions. You can refuse to an- casions. And many of the Senators now under any circumstances. You can swer them. proposing and saying they are going to change anything, and because he was Mr. MITCHELL. I just said I will vote for the point of order praised this for waiving it once does not mean that yield for a question. provision when it was first proposed, he ought to be for waiving it all the Mr. HATCH. We agree that is what lavishly praised it. And, in fact, there time. that bill was, 90 percent of it was for was a kind of competition for credit as So I might tell you two things that law enforcement. It was filed pursuant to whose idea it was in the first place. are very different and that the public to a $33 billion conference report. It is So no Member of the Senate and no ought to know are very different. a considerably different bill from this member of the public should be con- No. 1, there is $3 billion more in so- one, and it would do something against fused on that point. called pork. That is enough to say, crime far better, far tougher than the Mr. BIDEN. Will the Senator yield "OK, I do not support this approach current conference report. Plus it is for a question? anymore." I want to use the point of deficit neutral. The distinguished ma- Mr. MITCHELL. Yes. If I could just order to deny a bill that I used to be jority leader admitted that this $30 bil- finish the sentence-- for and, therefore, I was for denying lion conference report today has a $13 The PRESIDING OFFICER. The ma- the point of order, but now is different billion deficit. jority leader has the floor. by $3 billion. Mr. MITCHELL. Madam President, Mr. MITCHELL. The point of order Second, it is now 6 years, 2 additional just a moment-- relates to the existence of that provi- years. So that we will not confuse 5 23960 CONGRESSIONAL RECORD-SENATE August 24, 1994 versus 6, there are 2 brand new years of I make the following point: First, it the Senate in answer to the majority trust fund in it. I might say to the ma- should be clear that these amounts leader was, "That is the guns," and jority leader I have checked this as may be appropriated. That is what it that, in effect, negated what the mi- carefully as I can. I submit that the $13 says in the measure. These are nority leader himself had said, "This is billion provided in those 2 years are amounts that may be appropriated not about guns." This whole situation considerably different than the money from the trust fund. So just as no one is about guns. Because, as the distin- that was in the trust fund in the 4 can guarantee what the Senator guished majority leader pointed out, no years. warned against, so he cannot guarantee one can guarantee, once we amend this In fact, I can tell the people of this that will add to the deficit. bill in any fashion, what the House will country that I have no doubt that $13 Second, with respect to the caps, the do. There is a greater likelihood the billion will add to the deficit. And if caps are only in existence for 4 of the House will produce an amendment to anybody wants to go through this with first 6 years. So since there is no mech- strip the gun ban from the bill, and in a fine-tooth comb, I will convince you anism, since there is no cap in exist- effect, that is why opponents of the that we are left with the total attitude ence, there is no mechanism for impos- gun ban have raised this point of order. to set the budgets in 1999 and 2000. How ing or altering the caps in the fifth or They know that they can use this tech- do we know we are saving this $6 bil- sixth years. nical point to initiate an amendment lion when we have not set that budget Mr. DOMENICI. The Senator is cor- process that will let their forces in the yet? When we voted for it the first rect. In fact, I say to him that one of house kill the weapons ban. time, the budget for America had a dol- the reasons I was for the trust fund was So for the American people who are lar number on it for each of those 4 because it only went for the 4 years for listening now and trying to figure out years. which we had caps. That absolutely as- what this is all about, what is really You knew precisely that you were sured us of the savings. If you went 1 happening here, a little bit of history not adding to the deficit, because you year beyond it, I would have been may help. lowered the amount allowed to be against -the trust fund because we In recent history, in a whole bunch of spent by $22 billion. Now there is $13 would not be assured of the savings. speeches on the Senate floor, Repub- billion in new spending, and I am pre- Let me make one last point. My good licans have talked about how this is pared to say that will add to the defi- friend, the majority leader, said if you not a tough crime bill and how they cit. I believe it. I have no confidence look at the 4 years, there is less spend- want to take this bill back and make it that the Congress will literally reduce ing in 4 years, and there is more spend- tough. Yesterday, when I was on a tele- the deficit sufficiently to account for ing in the next 2-as if spending is not vision show with the Senator from that. I think they will increase the spending. The truth of the matter is Texas, he blurted out and said, "Every- budget sufficiently to add that in. that there is more spending on preven- body in America knows the Democrats So, in summary, this is a totally dif- tion, or pork, in this bill by $3 billion. are not tough on crime. Republicans ferent trust fund. It is not paid for. No- There is $3 billion more-not in the have always been tough on crime and, body can say to the American people first 4 years, but in the 6 years. by gosh, we want to get a tough crime that the second 2 years are budgetarily Mr. MITCHELL. Mr. President, I will bill." neutral. I do not believe it. And every- just conclude by saying that my under- What this is all about is not just body says the Senator from New Mex- standing is that the trust fund lan- guns, but the perception that our ico knew so much about this that he guage in the crime bill specifies that friends on the other side of the aisle talked us all into the trust fund. I have the $13 billion in reductions to fill the are fighting for, and that is a percep- heard five Democrats say it. "Well, trust fund in the years 1998 to the year tion that they want to try to sell the Senator DOMENICI, the budget expert, 2000 will be made from comparable American people that they are some- said let us do this." amounts for budgetary purposes. That how bigger, better, braver, tougher, I am telling you that if I was an ex- is to say, none of us now knows how more willing to incarcerate, more will- pert then, I am an expert now. I do not many discretionary dollars the Federal ing to fry, than are Democrats. That is think I was then, nor am I now. But I Government will have to spend in those the fight. This is a squabble. This is a can tell you right now that the $13 bil- 2 years. But whatever the total is, it squabble that is even in disregard to lion, which is almost half the total bill, will be reduced by $6.5 billion in each of the political process that we normally is going to cause deficit spending, be- those 2 years. undergo around here. cause there is no way you can guaran- Several Senators addressed the When you pass a bill in the Senate tee the American public that that trust Chair. and you pass a bill in the House and it fund comes out of a reduced budget The PRESIDING OFFICER. The Sen- goes to the conference committee, we rather than an increased budget. ator from Massachusetts [Mr. KERRY] both appoint conferees and we are rep- Frankly, that is how I see it. And is recognized. resented in the negotiations. that does not mean that I was for Mr. KERRY. Mr. President, I think it We had people there, and they had something once and I changed my was very interesting, as we listened to people there. Senators were there, Con- mind. Of course, I have the right to the proposal of the distinguished mi- gressmen were there, and they sat change my mind because it is a dif- nority leader, that among the 13 down and reached an agreement. It ferent bill in the ways I have described, amendments listed-and he read went to the House, and the House and I think it is clearly understand- through each of the amendments-none passed it. It even went to the House in able. of them pertained to the question of an extraordinary open negotiation ses- I yield the floor. this point of order. sion, which the distinguished chairman Several Senators addressed the Here we are for several days strug- and manager of this effort attended, Chair. gling over a point of order. We have along with Senate Republicans. An The PRESIDING OFFICER (Mr. had Senators rise on the floor and talk agreement was reached, and it went to MATHEWS). The majority leader is rec- about the spending and the deficit the the floor. Now it comes back to us and ognized. point of order is supposed to address. it is not amendable under the normal Mr. MITCHELL. Mr. President, I Yet, strangely enough, not one of the rules of the Senate. want to make one point, and I accept proposed Republican amendments to But our friends on the other side are the Senator's statement. I said in my the crime bill pertains to the caps, es- taking advantage of a technicality in statement that obviously not offering a tablishes some sense of savings, or order to try, if they can, to open up the point of order to the bill does not mean touches on the budget issue in any gun issue. And if somehow they cannot that one is bound not to offer it to the way. It is not discussed. succeed in that, their game is to try to conference report. I expressly acknowl- What the Senator from Alaska said sell the American people on the notion edged that in my comments. in a moment of candor on the floor of that they are bigger, better, tougher, August 24, 1994 CONGRESSIONAL RECORD-SENATE 23961 stronger, and braver on the subject of other side of the aisle are particularly overreaction. And what did they do crime. sensitive about what is going on here next? Here we go. They didn't even In the meantime, Mr. President, the today. Because when President Reagan touch on the drug issue for 4 years, and law sits here unpassed. In the mean- came to Washington in 1980 they killed they didn't do anything but. time, none of the 100,000 police this bill the LEAA. They killed it, and Repub- The 1984 crime bill costs were just promises are on their way to the licans ended Federal assistance to the nominal. They barely put any money streets of this country. States for crime. Please remember into the effort. In fact, all they did was In the meantime, prosecutors and that. A Republican initiative ended the change a few laws. That was about it- others in the system are struggling. then I think some $1 billion that the no prison, no police, no prevention. Let us put this in its proper perspec- Federal Government was giving to the In 1986, we had a bill-I was here in tive, if we may. local communities to help solve the the Senate at that point and took part Back in the 1960's, the crime rate problem of crime, and you can measure in an effort to try to create a drug re- began to rise. By 1964, crime was an beginning in 1980-Mr. President, I sponse, and the bill was purely an anti- issue in the Presidential elections. So challenge anybody here to go do it- drug measure. The bill spent $1.7 bil- in 1968, enough support had grown up in how police departments in most of the lion, but didn't do anything for cops, the country that Congress was able to prisons, or prevention. There was noth- pass a program called communities in this country began to the LEAA, the ing in the bill to help Law Enforcement Assistance Adminis- shrink. The number of cops began to go the system. In 1988, the bill was the small sum of tration. That program allocated about down. Back in the late 1960's and the 1970's, $2.7 billion which again went into the $7.5 billion over 12 years, expiring in we had 3.5 police officers for every vio- unsuccessful war on drugs, and then in 1980, right at the time when President lent crime in America. Today we have 1990 the bill provided about $1.4 billion Reagan came to office. over 5 This program called LEAA, I will tell 4.6 violent crimes for every police offi- years. It had about $300 million you as a former prosecutor, is all that cer, and I will say to you, Mr. Presi- for young offenders. It had some alter- stood between those trying to make dent that this trend began, was estab- natives to incarceration. And the the system work and implosion. lished, and accelerated during the 12 rest-most of it-was for drugs. In 1974, I came into a district attor- years that a Republican was in the In 1991-this is very important-in ney's office that had 12,000 backlogged White House. 1991 we had a bill that would have allo- cases. We had people come into the Now, what did we have for crime bills cated $3.6 billion for prisons and law courthouse, and they would say: "This during all of those Republican years? enforcement, but interestingly enough, is my sixth visit to the courthouse. Don't think that the answer to this not unlike today, the Republicans fili- The police are never here. The witness question doesn't impact on what is bustered that bill. Why did they fili- cannot be found. You cannot get jus- happening here today. During the 12 buster that bill that would have pro- tice in the system. It does not work." years from 1980 until 1992 when a Re- duced the most resources in congres- So we provided some resources, re- publican sat in the White House, never sional history toward the fighting of sources that we were able to fund once did the Republicans propose a crime? They killed it because they ob- thanks to the LEAA. Resources, Mr. crime bill that provided money for jected to the Brady bill, which had to President. Resources that the other building State prisons. We have not do with reasonable gun control. side of the aisle leaps to call pork. had such initiative until 1994, today. So because of their opposition to Whatever they do not like, whenever Never did they make a commitment to guns, and their filibuster, they killed they want to somehow appeal to the put more cops on the beat. We have not the crime bill of 1991, that would have lowest common denominator, they just had that until today. They never had a had some money in it for alternative call a program pork. They find the comprehensive bill that covered both prisons, for substance abuse, and so word that the American people hate deterrence and prevention, an approach forth. So they put guns ahead of any of that they can quickly attach to some- to affect both ends of the pipeline- the other priorities of the system. thing, giving it a pejorative, make it where crime starts and where it ends- So, in summary, Mr. President, there pork. Even if it is a good program, even until today. is no way to compare the bill we have when it is a program they have spon- They always approached crime bills with us today to any bill that was in- sored themselves, or voted for, or even in a little piecemeal fashion where troduced during the Republican admin- fought to put into the bill, they never- they would address one aspect of crime, istrations. Today's bill is dramatically theless turn around and just call it put a few cops out; the next year they more comprehensive, overwhelmingly pork today because it serves a political would deal with a couple of laws; the tougher, and represents a marked ad- goal of trying to say they are bigger, next year maybe there would be a little vance in this country's approach to braver, tougher, stronger on crime. bit of assistance for this or that. crime. That is what this fight is about, and it For 12 years, when there was a Re- And the reason that our colleagues is embarrassing. publican in the White House, there was are so sensitive to what has happened Now, I will say to you, Mr. President, practically nothing that happened in in the last months is that a Demo- back in those days when we got that terms of crime. The 1982 bill provided cratic President and Congress are fi- LEAA, the LEAA made all the dif- for a $16.5 million expenditure over 3 nally responding for the first time in 30 ference in the world. If you did not years. That was the crime bill of 1982, years with a major comprehensive bill have a clerk in a courtroom you could when the Republicans controlled the to try to deal with crime. not get documents up from the clerk's Senate and they had Ronald Reagan in Many Senators on this side of the office. If you did not have a stenog- the White House, that was the best aisle objected, I might add, to major rapher, you could not have a court they could do. Some $16.5 million- portions of what went into the bill, but record. If you did not have a police offi- these people who are here today to try they understood we had to com- cer to go talk to someone, you did not to tell you they are bigger, braver, promise. We had people who objected have a case. tougher, and better on crime-when to the amount of money for prisons. We Thanks to the LEAA we were able all they had the Senate control and the had people who objected to certain across the country-backwoods district White House, the best they could do to mandatory sentences. We had people attorney offices, major attorney gen- fight crime was to allocate $16.5 mil- who objected to the idea of putting eral offices-we were able to enter the lion over 3 years. And the ultimate more cops on the street. We had Sen- modern century in an effort to make a irony is that they didn't even pass ators who objected to the expansion of criminal justice system work. I empha- that. President Reagan vetoed their the death penalty. We had different size the word "system." little bill. Why? Because it created a concepts of objection. Now, Mr. President, it is the LEAA centralized drug office at the Cabinet But all of us overcame our objections that shows why our friends on the level, which Reagan thought was an because of this notion of compromise. 23962 CONGRESSIONAL RECORD-SENATE August 24, 1994 In order to pass a bill, in order to do ready get prosecuted. They do not rep- which everybody supports. It got $1.2 something about crime, we were all resent a problem the Federal Govern- billion for increase funding for the Bor- going to have to give up something. ment needs to address. der Patrol. It got $307 million in in- Now we come back at the last hour Several criminal youth gang offenses creased funding for Treasury Depart- and those who were part of the com- were struck out. They were very minor ment enforcement. It got $50 million in promise are moving away from the provisions. There were a few provisions increased funding for the DEA; $10 mil- compromise just to get their way. And taken out on public corruption. The lion in increased funding for DNA test- to get their way, no matter how reck- Senate had two "three strikes and ing; and $24 million in increased fund- less it is, they will label whatever they you're out" provisions. They strength- ing for police recruitment. want as pork in the hope that the ened one. Those who say the conferees Mr. President, that is a tougher bill. American people will pick up the cry took it out are wrong. The conferees That is an addition of billions of dol- and somehow support what they are really strengthened it. The conference lars in order to make this bill even doing. came back with a three-strikes-and- tougher on crime. That was part of the Mr. President, I think people ought you're-out provision. compromise. to just stop and look at this bill. It is And, yes, some mandatory minimums And now our friends on the other side fascinating to me that this bill that for drug crimes were taken out. want to renege on the compromise and they say is not tough is supported by I heard the distinguished minority go back on it in order to gain the polit- every major law enforcement organiza- leader saying, "Who could be opposed ical advantage of trying to claim that tion in the country. The National Dis- to a mandatory sentence for somebody they are somehow tougher on this bill. trict Attorneys Association wants this selling drugs to a minor?" And what I have told you is just fi- bill. They do not think it is weak, as Well, what happens if it is the mi- nancial. Let me show what this bill our Republican colleagues seem to. nor's best friend who is also a minor does in penalties. Every single local police entity wants who sells the drugs? Or what happens if With this bill, we add 60 new death this bill. The National Association of it is somebody who is 20 years old, a penalties. That is the largest expansion Attorneys General wants this bill. All college friend who has never been in of the Federal death penalty in the his- of our Nation's police organizations trouble, who happened to be at a party, tory of the U.S. Congress. And there want the bill. Let me read some of the and who sold some drugs to another are people on the other side of the aisle organizations' names. minor? Are we going to put that person who are opposed to the death penalty, The Fraternal Order of Police wants in jail for 10 years? I mean, that is the who nevertheless voted for this bill, de- this bill. The National Association of problem; if we are going to reduce all spite opposition because they under- Police Organizations wants this bill. of this to simplistic sloganeering, we stand we need these cops, we need The International Brotherhood of Po- create enormous injustices in the proc- these prisons, and we need this money. lice Officers wants this bill. The Na- ess. It also adds over 70 new penalties or tional Sheriffs Association wants this We have people today in jail under penalty increases. It has the three- bill. The International Union of Police mandatory sentencing provisions for strikes-and-you're-out penalty; manda- Associations wants this bill. The Na- drug use who have been there for 4 tory life for defendants convicted of tional Organization of Black Law En- years or 5 years, who are so barely cul- three serious felonies. That is tougher, forcement Executives, the National pable it is sad, who are taking up a cell Mr. President. Troopers Coalition, the Police Founda- that should instead house a rapist, an The conference authorized adult tion, the Federal Law Enforcement Of- assaulter, a burglar, an armed robber, prosecution of 13-year-olds for serious, ficers Association. or a murderer who is not in jail be- violent crimes, which I happen to think Ask the National Conference of Re- cause there are not enough cells. Jails raises some enormous problems in the publican Mayors if they want this bill, all across America are so full that criminal justice system. But people and they will tell you resoundingly judges are given a list on a weekly like myself swallowed hard. That is a that they want this bill. basis and are told to let people out in lot tougher-some would say draco- How is it that a bill that is wanted by order to make room for the next group nian. But it is in there and it is going every single one of the front line people of people coming in. to be part of this law if our friends in the fight for crime is somehow being Part of the reason for this overcrowd- would let the Senate vote on the bill. second-guessed at this point by many ing is that we have a lot of people in The conference added a tougher new people who have never been on the prison for first-time, nonviolent mini- penalty to crack down on gangs, and frontline of law enforcement in their mal offenses. But they get swept under adds up to 10 years for a Federal drug lives? this broad-brush concept. and violent crime committed by a gang Ask the major cities' chiefs, the Na- Mr. President, that is what was member. That is a lot tougher than it tional League of Cities, the National taken out of the bill. So when they say, was before. Association of Counties. And there are "This bill changed; this bill was weak- It enhanced the penalty for all many, many other entities represent- ened; this bill was plumped up with crimes where a defendant uses a child ing the interests of this country in law pork," let us test this, too. or encourages a child to commit a enforcement who want this bill. What really happened in conference? crime. That is a lot tougher than it Mr. President, I keep hearing people Well, $1.3 billion more was added for was before. say, "Well, wait a minute. We want law enforcement in the conference; $1.3 And that is only the beginning, Mr. tough stuff. We just don't want the billion more than the Senate bill that President. pork. And you folks let this bill go over all but two Republicans voted for pre- The bill increases the penalties for to the conference and there they took viously. drive-by shootings, for using a semi- things out." And $3.2 billion more was put in the automatic gun during a Federal drug Mr. President, I just suggest we put bill for prisons-$3.2 billion more than crime or violent crime, for stealing that to the test for a moment. the bill that all but two of the Repub- guns and explosives, for interstate gun I ask people to measure what was licans voted for previously. trafficking, for aggravated sexual taken out in the conference versus This is what was put in the con- abuse, for sex offenses and assaults what was put in and then say this is ference. This is a bill that was sup- against children. not a tough bill. Yes, the conferees posedly weakened. The conferees in- It increases penalties on every single took out a few of the D'Amato-Gramm jected $4.5 billion more for prisons and one of those. gun provisions which federalized law enforcement. The bill also got a It increases the penalty for using crimes that do not need to be federal- $1.8 billion increase for the incarcer- kids to sell drugs in a drug-free zone. It ized because they are already a crime ation of illegal aliens. It got a $1 bil- increases the penalties on use of drug at the State level. These crimes al- lion increase for the Byrne grants, dealing near a public housing project. August 24, 1994 CONGRESSIONAL RECORD-SENAT 'E 23963 It increases penalties on drug dealing that they are being called pork. And if President, 13 percent fewer visits to the near schools and playgrounds. It in- we reduce this debate to a debate juvenile courts? You know what? These creases penalties on drug trafficking where people are allowed to just label programs save money. If those kids are when you are in prison. It increases something and walk away and every- not going into the court system and penalties on drug smuggling into pris- body in the country believes it because they are not going into diversion pro- on. somebody threw out the label, then we grams, you do not need as many police. And yet we keep hearing our friends are really depriving ourselves of op- You do not need as many prisons, ulti- come to the floor and say how this bill tions for the future. mately. You begin to build your soci- weakens, how it is not tough on crime. I ask my colleagues, who has walked ety from the bottom up, where people Mr. President, there is not a crimi- into a Boys Club and Girls Club-I won- have a stake in the community, not a nologist in America worth his or her der who has done that recently-and sense of alienation and cynicism and salt who would not say that this is the seen and measured what is happening loss. toughest crime bill and most com- in that Boys Club or Girls Club? And Look at Community Schools in Hous- prehensive crime bill ever put forward who has considered what is happening ton, TX. This program tries to keep in the U.S. Congress. But our friends to the children in these clubs versus their at-risk kids in school instead of are here to spend several days getting the ones who are not able to get in be- simply putting them out on the street. the message out to America-the cause there is not enough room? Professionals set up shops in the phony message-that somehow one I was in Brockton, MA, recently. schools. This is what our friends come party is tougher on crime than the Only 10 percent of the kids in Brockton to the floor and call welfare programs, other party. have access to a Boys Club and Girls because welfare is a pejorative in Mr. President, this really is not a Club. So what happens to the other 90 American politics. Label it welfare. party issue. There is not a Democrat or percent who do not get the choice of Put the word liberal in there and, by Republican policy on crime. There some shop or woodworking or dance or God, you have a real socko slogan really is not. I do not think there is a basketball or any of the other options? going for you. Call it liberal welfare Senator who is soft on crime. I would What happens to them? They wander and everybody can hate it, even if it is not waste my time trying to argue that around the street. They fall in with a a good program. That is what we have there is a Senator soft on crime. There bad lot of people. Everybody knows the come to. That is all it takes. are different attitudes about what pressures parents are under in America Here is a program called Police Ath- works. There are different sets of prior- today. Everybody knows how many letic Team in Birmingham, AL. The ities about how to deal with crime. And people are growing up in single-parent Birmingham Police Department spon- it is precisely those different sets of families or without parents altogether. sors softball, basketball, baseball, and priorities that brought us to the point Everybody understands the culture of golf teams for kids. Imagine that, a po- of compromise, where some of those violence on television that is used as a lice department sponsoring sports pro- people who hated the death penalty, babysitter in countless homes in Amer- grams for kids. We have had people some of those people who hated all of ica. come to the floor and derisively dis- this prison money got some of the So what happens to these kids who do miss midnight basketball and arts pro- money to put into prevention because not get the other options? Here we grams. We are not going to spend they think it is smart to reduce the have a whole host of programs that money to do these things, we say. level of crime in ways that are known make a difference in their lives. I have Yet in program after program in to work. heard about countless programs in re- America, where we have spent money Now, some of our friends do not want cent months talking with these kids. I on this sort of thing, you see kids with to do that. Well, some of our friends on have heard from them firsthand the 80 percent success rate of not going this side do not want to spend the difference it has made to be with a back into the court system; 60 percent money the conference introduced. The group of peers, all of whom have had a success rate going into employment. point is we are supposed to act like moment of trouble, some of whom are They learn something about them- adults in the Senate and come to on drugs, some of whom have had five selves. agreement, and that means com- brushes with the court and who are at How is it we can all achieve this lofty promise. that brink of either going over the end position of U.S. Senator and mouth the And that is exactly what took place or making it, pulling back. Those kids platitudes we mouth, about family, in the course of the conference and will tell you of the value of the pro- about values, community, and then what has brought us here. Our friends grams that force them to accept some strip away from people the very ability know, under the normal procedures, discipline, that give them some peer to build family and values and commu- were it not for this technicality that reinforcement, that give them a sense nity? How do we do that and go back they will assert-maybe-they would of self-esteem and value and perhaps a and look at people with a straight face? not have the ability to propose amend- sense that something out there might I am not telling you every single dol- ments. They would not be allowed to. work for them in the future. That is lar in here will produce a return, but They would have to vote to either kill what these programs are. And they are you cannot tell me every single dollar this bill or vote to pass it. And do you being called pork. spent on a prison is absolutely going to know what? It would pass. It would There are examples of success in pro- yield a return. We have seen case after pass, if there were really a vote. And grams that show why this is valuable. case of people coming out of prison Republicans would vote for it, pork and It may be boring to some, but we bet- after 15 years, 10 years, whatever, and all. Everyone in the Senate knows it, ter understand the difference between they will tell you if they had had an and everyone in the country ought to pork and programs that save kids' lives opportunity to go straight, they never know that. and rebuild communities. That is what would have gone into prison in the first I would like Americans who are lis- this debate is about. place, if somebody had just reached out tening to this debate to stop for a mo- A 1992 evaluation by Columbia Uni- to them, if somebody had just cared, if ment and analyze what the Repub- versity and the American Health Foun- somebody had made a difference in licans are calling pork. Call an office, dation found that public housing their lives. read about it, think about it. Because projects with Boys Clubs and Girls It is so easy just to come in, in this what we have is a situation where pro- Clubs had 13 percent fewer juvenile current mood we are in in America, grams that have long been accepted as crimes, 22 percent less drug activity, and call it goo-gooism or do-goodism or working and preventing crime are sud- and 25 percent less crack presence. whatever. But it works. Why have the denly being labeled "pork." Do you know what that means to the Boy Scouts of America and Girl Scouts We have innovative programs that crime system of this country? A 25 per- and Cub Scouts and Brownies worked make a difference in the lives of kids cent reduction in people on crack? Mr. for years? Why do church entities 23964 CONGRESSIONAL RECORD-SENATE August 24, 1994 work? Why do people take their kids to and they knew they ultimately would Mr. HATCH. Mr. President, I have en- Sunday school or to study the Koran or not get a crime bill. joyed the remarks of the distinguished the Torah or whatever? They do it be- I tell you, this is a moment of truth Senator from Massachusetts. As usual, cause there are values transmitted in for the United States of America. This he is very eloquent, and I have to say that process. Because kids learn some- is gridlock, and we look silly, we look that he is knowledgeable about much thing. sick to the American people. They are of the bill. But there is a difference in But so many of the kids in America sitting back there in the last days of philosophy between these two sides. today are not learning anything except vacation, getting kids ready to go back When he talks about, we have to help how to hate each other. They are learn- to school and they are wondering, Boy Scouts and Girl Scouts, I think ing how to do violence. They are learn- "What is going on down there in Wash- that is true. But the Federal Govern- ing how to not even communicate or be ington? These guys are squabbling ment does not have any role there as able to talk. about some point of order. We have far as I am concerned. They have been The other day I was in Lynn, MA people being killed in drive-by getting along fine for almost a century with about 15 kids at risk. They are in shootings and they have been fighting now without help from the Federal one of these employment programs for 6 years on this crime bill. People Government and all the strings that that have been labeled "pork." And I are spending money all over the place come from it. That is true of midnight talked with every one of those kids. I trying to influence elections and the basketball on a voluntary point-of- might say, in the years since the 1970's concerns of the American people are light program by President Bush. It when I was a prosecutor, I have never forgotten and trampled on in the proc- has been working well all over the seen kids as negative, as alienated, as ess." country, voluntarily, without Federal angry, and as incapable of articulating It is a disgrace, and everybody in this strings or Federal money, for that mat- anything as these kids that I met with. country knows that. We can posture ter. I asked them, "What do you do after and we can pontificate and we can beat I do not want to take any more time, you get out of this program? What our chests, but the American people because the distinguished Senator from time do you get out?" understand what is really going on. Iowa has been waiting for 2 hours to This bill is a tough bill. This is the "2, 2:30." speak. But let me just make this one "Where do you go?" first bill I have seen in the 10 years I have been here that comprehensively last point. "We hang." That was the answer. I believe in some of these prevention "We hang." tries to deal with crime. I say again and again and again to my colleagues, programs, too, that the distinguished All you have to do is talk to kids Senator has been talking about. They today and find out what hanging with all due respect, this is a downpay- ment. And if you do not pay for some are all over the Federal Government. means, in terms of some of these com- There are some 266 of them already munities, and you know what is hap- of these programs you want to call pork today, you will pay for these pro- funded by the taxpayers. I just want to pening where these programs do not make this point. exist. grams in the future when you build the next round of prisons and ask for the The General Accounting Office re- That is our fault, not theirs. That is cently reported that there are already our fault, not theirs, because we are next group of cops to go out in the street because you have mayhem and 7 Federal departments sponsoring 266 unwilling to make the investments of these prevention programs which that provide them with some alter- chaos that is the end product of the antisocial behavior that we are breed- currently-now these are the ones that natives. And I will tell you something, currently serve just delinquent at-risk you are not going to rebuild family in ing in this country. That is the road we are on, Mr. Presi- youth. There are many hundreds of America for people who do not have a dent. That is the road we are on. And I other programs for others who are not family, who have no sense of what a do not care how much we pontificate, delinquent at-risk youth. So I am only family is or means. Where does it come this bill has more money and stronger talking about 266 of them that the tax- from? Are they just going to walk out provisions for law enforcement than we payers are called upon to pay for. Of on the street and one day, lo and be- have ever seen. these 266 programs, 31 are run by the hold, they understand what family I ask people who listen to this debate Department of Education, 92 are run by means and what relationships mean? and people who write about this debate the Department of Health and Human It does not happen that way, does it? and people who want to think about Services and 117 are run by the Justice We are creating a whole lot of anti- this debate, look at the facts. Make Department. And we are currently social people, sociopaths-whatever your judgment about what is reality funding them, many of the programs you want to call them-because they here. As Senator MITCHELL pointed out, the distinguished Senator from Massa- do not know how to communicate with what came back from the conference is chusetts, my friend, has mentioned. each other, let alone with their parents less expensive than the Republicans The GAO found that there already or their family, if they have one. And proposed in their bill, if you factor in exists, "a massive Federal effort on be- many of them do not have one. the extra year this bill would cover. half of troubled youth." So I am sick and tired of hearing peo- So, indeed, it is a bigger package, but I support that, by the way, which ple come to the floor of the Senate and not because it costs more, because it spends over $3 billion a year. The GAO just throw this credible, big smear tac- covers more time. went on to report that, quote again tic on programs, call them pork and And finally, do not forget that the from the GAO, the General Accounting "that's it, folks." I am not going to de- money in this bill is subject to appro- Office-which, by the way, has not been fend every dollar in this bill. There is priation. That means we control it. If controlled by Republicans for a long not anybody who can defend every dol- we do not want to spend it, it will not time and I question has ever been con- lar in any bill in the Senate or in the be spent in those outyears. So my trolled by Republicans. The GAO says Congress. But there is a compromise friends are protected. They are truly this: process here, Mr. President. People ac- protected. And I guarantee, when all is Taken together, the scope and number of cept things that they do not like in the said and done, if somehow the Repub- multiagency programs show that the Gov- larger interests of this country. That is licans win and force a change and ernment is responsive to the needs of these why we had people vote for this bill something is somehow passed, I guar- young people. who hated certain aspects of it, and antee you it will not make a difference Let me read that again: that is why, I might add, our friends in except negatively in the ability of this Taken together, the scope and number of the conference committee swallowed country to try to fight crime. multiagency programs show that the Gov- and took what they had to take be- Mr. HATCH addressed the Chair. ernment is responsive to the needs of these cause they knew they would not get a The PRESIDING OFFICER. The Sen- young people. It is apparent from the Fed- bill to the floor of the House otherwise, ator from Utah. eral activities and response that the needs of August 24, 1994 CONGRESSIONAL RECORD-SENATE 23965 delinquent youth are being taken quite seri- time for our taxpayers to quit having When the Senator uses this concept- ously. to do that, quit having to pay for stuff and this is part of what is, frankly, ei- That is the GAO report, a Federal like that. ther misleading or distorting in this agency, Juvenile Delinquency Develop- Let me tell you something. Back to process-he quotes an outdated report, ment Statements of August 1992 and, if my original point. I really believe the No. 1. He talks about $4.2 billion that anything, we are spending more money Boy and Girl Scouts of America have was spread out over the years 1988, 1989 today on these programs than we spent done a great job without Federal help, and 1990. But most importantly, many then, because this has been updated re- and I think they will continue to do so. of the programs listed are completely cently. And if we would do a lot more without unrelated to delinquency prevention. I cannot say that I disagree with my Federal help, this country would be a Some of the projects are listed twice. good friend from Massachusetts who, I lot better and a lot better off. Only $460 million went for programs know, knows a lot about these areas, The problem is we have people here targeted to delinquent, at-risk youth. in this body and the other body who and I commend him for it. We fought And $2.9 billion of the $4.2 billion he think nothing can be done right side by side on some of the same provi- with- talks about went to job training and out Federal dollars. I have to tell you, sions in this bill. But do not tell me we vocational programs, not even targeted I think more is done wrong with Fed- have to spend another $5 billion on top to eral dollars than is done right. delinquent, at-risk youths. Nearly of what is already being done which the $300 million went into drug-free schools GAO says is more than adequate. Now, maybe I am out of step. Maybe I just represent a point of view in this which was all children, again not tar- I guess you can spend $100 billion and geted. So I can run through this. you would probably be better off in this country that really is a minority, and people just do not want to listen to it I ask unanimous consent to put the country, if you had it to spend. There anymore. But I do not believe it. I do entire breakdown of this program in comes a point when we have to say, not believe that for 1 minute. I know the RECORD. when it is adequate, why do we not use what the people out there think. I There being no objection, the mate- this money for real anticrime activity, think they are sick and tired of us in rial was ordered to be printed in the which is what the bill that the major- the interest of doing good-and there is RECORD, as follows: ity leader seemed to be criticizing and good intention here; I am not finding SUMMARY-- 266 PREVENTION PROGRAMS" maybe my friend was-I hope not-the any fault here-but in the interest of MiSI.EADING Republican response when the bill was trying to do good with their money, Programs totaled only S4.2 billion-over up to $33 billion, it was 90 percent law- continuing to spend us into bank- three fiscal years. enforcement oriented. ruptcy. Many of the programs listed are com- I will be glad to spend more money I think people are sick of it. Even pletely unrelated to delinquency prevention. lib- Some of the projects are listed twice. on law enforcement orientation. As a eral people out there are calling me; matter of fact, I - Only $S160 million went for programs that will just be honest they are sick of it. One of the leading targeted delinquent and at-risk youth. with you, I would give $15 million to mayors of California called me yester- $2.9 of the $4.2 billion went for job training Lamar University if I could save that day and said we do not want the crime and vocational programs. It was not targeted $5 billion. I would have done that over bill. The obligations that come from it at delinquents or at-risk youths. in the House. far outweigh the benefits to us here in Nearly $300 million went into drug-free One last point. Yes, I was over in the California. When you really look at the schools, which is for drug education for all House this last weekend, and I worked facts and you look at the fine print, it children-also not targeted. very hard to try and help my col- 123 of the programs received $500.000 or is not worth it to us. less. leagues over there on various points, I think we can straighten it out with 53 of the programs received $100,000 or less. but I certainly was not rubber stamp- the amendments that we would like to Many of the listed programs, including ing or approving what they did. I was get adopted, and I personally believe DARE, have enjoyed wide. bipartisan sup- just there to be of help, to be their most all of us, if not all of us, will vote port. friend and be there if they needed me. for them. They asked me to come, and I was How can you not vote for an amend- BREAKDOWN OF "266 PREVENTION PROGRAMS" happy to be there, and I want to say I ment to do mandatory sentences for PROGRAM TYPE commend them for what they did. people who sell drugs to kids? Or peo- Total programs aimed at delinquency: 194 Others feel differently on the Repub- ple who employ minors in the sale of 108 of 194 programs: research projects or lican side. They feel like they should drugs? Or people who use them? I could small-scale demonstration programs 17 programs: training and technical assist- have taken a harder stance, whatever. go on and on. I ance But these were young people over there know the distinguished Senator Just 39 programs: on-going service pro- who literally were negotiating for the from Iowa has been waiting for 2 hours, grams targeted at juvenile delinquents and first time with the White House and and I yield the floor. I hope he can get at-risk youth. the leadership of the House of Rep- the floor. PROGRAM FUNDING LEVELS Several Senators addressed the resentatives, the Democratic leader- 53 of 194 programs funded at less than ship, I say. Chair. S100,000. I was in essence a U.N. peace ob- The PRESIDING OFFICER. The Sen- 123 of 19. programs funded at less than server, really. And I have had people ator from Iowa. $500.000. all day on this floor trying to say I ap- Mr. KERRY. Mr. President, if I could Nearly two-thirds of total $760 million is in proved everything they did. The heck ask my friend from Iowa just for a four programs, one of which is drug-free I schools. did. As a matter of fact, the whole bat- quick response to the Senator. I know tle here is to try to restore to this he has the floor and I would simply ask- RESPONSES TO REPUBLICANS ON '266 crime bill those provisions that all of The PRESIDING OFFICER. Does the PREVENTION PROGRAMS" us overwhelmingly voted for here, to Senator yield? For months now, Senators on the other try to stop the House from stiffing the Mr. GRASSLEY. If the Senator can side of the aisle have been saying that we Senate on the tough anticrime provi- do it in less than 2 minutes, the answer don't need to do any more to steer our chil- sions and to not stiff us anymore with is yes. dren away from gangs and drugs, that we their boondoggle provisions. Mr. KERRY. I will do it in less than don't need to provide them with safe havens We have more than made a case that 2 minutes. from the streets, that we are already doing this bill is filled with matters that we enough. The PRESIDING OFFICER. The Sen- For months, they have been saying there really do not even have much of an ator from Massachusetts. are already 266 Federal programs aimed at idea as to what they are going to do Mr. KERRY. I appreciate this col- juvenile delinquency, and that the preven- other than just throw money out there loquy, and I thank the Senator from tion programs in what is now the crime bill to do good with it. Golly, I think it is Iowa. conference report are more of the same, 23966 CONGRESSIONAL RECORD-SENATE August 24, 1994 more of what they call "social spending programs is that we have sufficient programs Now every one of those programs has con- boondoggles." operating everywhere they are needed-in all sistently received, or would receive, biparti- But let us take a closer look at the 266 pro- of the cities and towns across the country-- san support in the Congress. grams that my Republican colleagues keep and serving every child we can help. In other So the Republicans want to beat up on this criticizing, over and over, and see what they words, that the Government is already doing bill for "wasting" more money on social pro- are talking about, see where they have gone as much as it can, and as much as it should, grams. Well I think the facts speak for them- wrong. to stop kids from turning to gangs, crime, selves. According to the GAO report, the outdated and drugs. We have kids committing crimes we report where the Republicans are getting But as we've just seen, many of the pro- couldn't even imagine just a few decades ago, their information, the Federal Government grams on the list are-or were-limited to and unless we pass this bill, we will continue was spending about $4.2 billion on programs one city or a handful of locations, for a lim- to provide these at-risk children with pre- for delinquent and at-risk youths. ited period of time, or were research projects cious little help and precious little hope of The first point is, this S4.2 billion was not and technical assistance grants. Others were staying out of serious trouble. such as In- the funding for just one year. It includes targeted at special populations, Mr. KERRY. But the truth is the funding for programs and grants that were dian tribes and native Hawaiians. awarded in 1988. 1989 and 1990. There are even Even the Weed and Seed Program, which is GAO report says we are taking it seri- a few thrown in there from 1985 and 1987. So not on this list of 266 because it came about ously; but it does not say we are doing it's not as if each year the Federal Govern- after the list was compiled, is thought of as enough. It does not say we are doing ment was spending $4.2 billion. a nationwide program but it actually oper- enough. And when only 10 percent of But let us go ahead and look at that $4.2 ates in just 21 cities. This joint prosecution- kids in a community are getting the billion anyway, that $4.2 that was spent prevention program was started by President boys and girls clubs, we have all the mostly over the course of three years. Bush and Attorney General Barr. I support evidence we need that we are not doing $2.1 billion-fully half of the total it. It would make the 267th program on the enough. It is very simple. amount-goes to the Job Training Partner- list. Does that mean the Republicans are ship Act. Now I'm sure I do not have to re- now against Weed and Seed too? Now, I never said we should be giving mind anybody that the JTPA is a program Let me also point out that this "266 pro- assistance to the Boy Scouts of Amer- that was championed by both Senator Ken- grams" figure is still more misleading be- ica. I used them as an example of the nedy and by the former Vice President, Dan cause it includes programs that really have kind of fabric building we need to en- Quayle. nothing whatsoever to do with providing at- gage in. You can go all over this coun- Another $850 million paid for vocational risk kids a safe haven, or an alternative to try and find effort after effort that is education programs. That makes a total of crime and drugs. They may be worthwhile desperately in need of this kind of as- $2.9 billion on job training and vocational programs-or not. That is not the debate sistance. programs. here. The point is that some of the 266 are So we actually had a far smaller amount- not programs for at-risk or delinquent chil- So, yes, there is a difference, Mr. just $760 million-that was targeted specifi- dren at all. President. I guarantee my friends on cally at preventing violence and drug abuse Some examples: the other side of aisle-guarantee it, among our young people. The Law School Clinical Experience Pro- guarantee it-if you do not spend this Of that $760 million, nearly two-thirds gram, which, as the name of it suggests, money now, you will spend it more ex- went into just four programs. helps law schools fund clinical programs for pensively for substance abuse, drug $300 million went to the drug-free schools their law students. abuse, alcohol, human abuse, violence and communities program. As my colleagues Cognitive analysis of drunk driving teen- against women, and you will pick it up know, I have long fought to increase these agers, a research project that was conducted funds devoted to anti-drug education and in the late 1980's. in your hospitals, and in your prisons, prevention in our schools-the dollars are Massachusetts 1987 Safe Roads Act/Traffic and in your insurance policies, and in only sufficient to provide comprehensive Safety Program, another research project your communities. anti-drug lessons to about one-half of all that is finished. So it is that simple. America's schoolchildren. So these programs and projects, and oth- I thank my friend from Iowa. Three other programs took up big chunks ers, were included in this count, but they Mr. GRASSLEY addressed the Chair. of that $760 million, leaving just $278 million really don't belong. The PRESIDING OFFICER. The Sen- to support 190 different delinquency pro- Also, in the list the Republicans are using, ator from Iowa. grams. some of the programs are listed twice. The Mr. GRASSLEY. If I could, without So the vast majority of all of these pro- "Gang Community Reclamation Project" in grams the Republicans have been criticizing Los Angeles is listed under both the Depart- losing my right to the floor, I would are mostly tiny projects or separate grants. ment of Health and Human Services and the like to do a favor to the Senator from 123 of the programs were funded at $500.000 Justice Department: the "Cities in Schools" Georgia. He asked me if I would give or less. program is listed under both HHS and Labor. him time to make a statement. And 53 of those cost $100,000 or less. So when you boil it all down, there was The PRESIDING OFFICER. Without So only a total of 71 programs, including less than $760 million-the more accurate objection, it is so ordered. The Senator the big four, were funded at more than a half figure is about $565 million-that was tar- from Iowa yields to the Senator from million dollars. That's nationwide. geted at services for delinquents and at-risk Georgia. 108 of those 194 programs are actually re- youths. When you look at the figures. I think search projects, studies of what works and it becomes painfully obvious that we are not Mr. NUNN. I thank my friend from doesn't work, and demonstrations, small- doing nearly enough. Iowa. I know he has been waiting here scale tests that each cover no more than a And let us also look at the specifics of a long, long time. handful of sites across the entire country. these few programs and grants that are sup- Mr. President, as we continue to de- These aren't really even separate "pro- ported with these few dollars. We keep hear- bate this bill, crime and the violence grams"-they're really separate, individual ing that they are "social spending boon- which surrounds it continues to threat- "grants." doggles." Well, let's take a closer look. en Americans all across our Nation. We 47 of the grants the Republicans are criti- $1 million supported the Drug Abuse Re- are, again, confronted with calls for ef- cizing are training and technical assistance sistance Education (DARE) regional training fective and immediate solutions to a grants, also small-scale projects that don't centers, to train State and local law enforce- involve direct services to kids. ment officers to become DARE instructors in crime problem that has gone far be- That leaves 39 of the 194 delinquency pre- schools. I thought DARE enjoyed wide, bi- yond anything that most Americans vention grants and programs that were on- partisan support. Is that no longer the case? would have imagined just 20 years ago. going programs that delivered services to at- $1.6 million was allotted to juvenile boot For example, the subculture of crime risk youths or to those caught up in the ju- camp programs at three demonstration sites. and violence has now reached far be- venile justice system. About $250,000 went into a comprehensive yond hardened, streetwise criminals. It Just 39 programs-out of the entire 266 the program of drug testing for juveniles who are now routinely attracts growing num- Republicans refer to-actually were full- arrested. bers of America's youth, our children. scale efforts to deliver services to at-risk $100,000 paid for an attempt to raise the kids. And most of these are done on a local. voices of victims and witnesses in the juve- The news stories have become limited basis as well. nile justice system, to get them more in- shockingly commonplace: youngsters So the impression given when we hear that volved in and informed about the court proc- murdering youngsters over sneakers or there are more than 260 Federal prevention ess. a leather jacket; indiscriminate August 24, 1994 CONGRESSIONAL RECORD-SENATE 23967 killings in our schools; youth gangs on the crime problem. I am concerned ating undocumented criminal aliens; protecting territory and seeking re- that this bill provides for a large ex- and prohibits the awarding of Federal spect by unbridled violence and mur- pansion of Federal criminal jurisdic- Pell grants to State or Federal pris- der; and teenagers who dream only of tion and, in many cases, unnecessarily oners. the power of a bullet and who are ut- duplicates existing efforts and pro- Provides $6.1 billion for crime pre- terly blind to the sanctity of human grams. I have voted for some of these vention, including: life. expansions myself, but I think it is An interagency Ounce of Prevention Last year, 2,680 children under the time for a thoughtful reconsideration Council to administer $90 million in age of 18 were arrested for murder; 4,882 of where we are going with the expan- grants for summer and after school children were arrested for forcible sion of Federal jurisdiction. recreation and education; mentoring rape; 38,192 children were arrested for For example, will the 60 plus new and tutoring by adult role models; em- robbery; and 58,383 children were ar- Federal death penalty provisions be ployability and job placement pro- rested for aggravated assault. It is lit- utilized to any significant degree when grams; and prevention and treatment tle wonder that, in the minds of many, many of those offenses are already cov- for substance and child abuse as well as many Americans, crime is the single ered under existing States statutes? Is adolescent pregnancies; $626 million for most important issue facing our Na- it possible that by creating Federal ju- the model intensive grant program for tion. risdiction in areas traditionally left to comprehensive prevention programs in Those statistics depict the gravity of the States, we may be opening the door 15 high crime areas; $1.6 billion to com- only one aspect of the overall problem: for more confusion, miscommunication bat and prevent violence against to wit, juvenile crime. I raise it to em- and turf battles among law enforce- women, including training for police, phasize not only the overwhelmingly ment agencies? Finally, does doubling prosecutors and judges; increased vic- serious nature of the crime threat but or tripling an already heavy penalty tim's services; battered women shel- also the urgency that surrounds our ef- have a significant deterrent impact on ters; rape education and community forts to mobilize a strong and effective a potential offender? prevention programs; a national family anticrime effort. In short, I think it is time for the violence hotline; and increased secu- In that context, we have before us, Congress, the executive branch, and rity in public places; $1.6 billion to again, and after much debate and much our citizens to take a serious look at local governments for anticrime efforts revision, a comprehensive package of what really works in the anticrime ef- relating to drug treatment, education anticrime legislation. I recognize and fort. We owe it to the American public and jobs; and provides funding for sub- appreciate the many long hours that to be honest about what impact they stance abuse treatment programs in went into the very difficult negotia- State and Federal prisons. can realistically expect from this Enacts provisions designed to help tions on this legislation and I com- crime bill and future crime bills. prevent the use of firearms in violent mend Senator BIDEN and my other col- In my view, however, this bill's leagues who have crimes, including: been deeply involved pluses outweigh the minuses-the re- For a period of 10 years, outlaws the in that process. sources it authorizes will be a big help and transfer By all accounts, those negotiations manufacture, possession, to our overburdened and underfunded of 19 specified semiautomatic assault have produced a revised conference re- crime fighters. On balance, I believe port that is, by necessity, a com- type weapons or a replica thereof un- that it will help strengthen anticrime less they were owned prior to enact- promise. The bill is, by no means, per- efforts without impermissibly treading ment of this law; for a period of 10 fect and will not immediately cure the on the legitimate rights of our law- years, outlaws large capacity-over 10 crime problem. It has, in my view, abiding citizens. As such, I intend to rounds-ammunition feeding devices strong points as well as weak ones. vote in favor of the revised crime con- unless they were owned prior to enact- Some of this bill's weaknesses result ference report. ment of this law; provides that during from the process that has generated Let me just point out some of the this 10-year period, the Attorney Gen- this bill, as well as the many anticrime provisions of this bill, which speak to eral will study and report on the ef- and antidrug bills that we have consid- nearly every aspect of the war against fects, if any, of this ban on reducing ered before. It has become fairly pre- crime: violent and drug trafficking crime; pro- dictable that every 2 years Congress Provides $10.8 billion in needed re- hibits gun sales to persons subject to will be debating a crime bill of some sources to State and local law enforce- family violence restraining orders; and sort-it is a safe guess that, in another ment, including: prohibits the sale or the transfer of 2 years as the next election looms on The sum of $8.8 billion for commu- handguns or handgun ammunition to a the horizon, we will be doing this all nity policing; $245 million for rural minor. over again. In an election-year rush to anticrime efforts; $130 million for tech- Expands the applicability of the Fed- enact tough anticrime measures, I am nical automation grants to law en- eral death penalty to over 60 Federal concerned that Congress may be creat- forcement; $200 million for courts, offenses, including: ing quick fixes that may sound good prosecutors, and public defenders; and Large-scale drug trafficking commit- but, too often raise unrealistic expecta- $1 billion for programs of intensive ju- ted as part of a continuing criminal en- tions in the public's mind. dicial supervision of nonviolent offend- terprise, even where no death occurred; I recognize that this bill does provide ers with substance abuse problems. carjacking, where death results, in our law enforcement and crime preven- Provides $2.6 billion to Federal law cases where the car which was object of tion systems with much needed finan- enforcement, including: the carjacking had been transported, cial resources, which is a positive step. The sum of $245 million for the FBI; shipped or received in interstate com- It also has some worthwhile and valu- $150 million for the DEA; $50 million merce and the carjacker was in posses- able substantive provisions. However, I for the U.S. attorneys; $550 million for sion of a firearm; alien smuggling, think we need to recognize that many the Treasury Department; $199 million where death results; espionage and of the real substantive changes in Fed- for the Justice Department; and $200 treason; murder for hire, if the scheme eral law which law enforcement truly million for the Federal courts. involves travel in interstate commerce needed have already been accomplished Provides 39.7 billion for prison sys- or the use of the mails or other facili- in past anticrime and antidrug bills. I tems, including: ties of interstate commerce; terrorism, am concerned that we have reached the The sum of $7.9 billion for State pris- which involves the killing of a U.S. na- point where we are simply piling on ons and incarceration alternatives such tional while such national is outside of new Federal offenses and doubling and, as boot camps, 50 percent of which is the United States; drive-by shootings, in this bill, even tripling, penalties to reserved for violent offender incarcer- where death results, if the shooting is without any reasonable expectation ation; $1.8 billion to reimburse States done in furtherance of, or to escape de- that this will have a significant impact and localities for the cost of incarcer- tection of, a major drug offense; sexual 23968 CONGRESSIONAL RECORD-SENATE August 24, 1994 abuse, where death results, if the abuse style boot camps; $2.9 million for drug activities in the crime bill at budget levels is committed in a special maritime or and crime enforcement in Georgia's consistent with those in the bill. Thus, the rural areas; and $36 million in direct President's budget has already set aside the territorial jurisdiction of the United resources to cover the activities in the crime States, or in a Federal prison; retalia- grants to local governments for edu- bill. tory murder of witnesses and inform- cation, drug treatment and jobs pro- The Administration has not changed its es- ants with respect to Federal offenses; grams. timate of civilian personnel reductions in murder of Federal grand or petit jurors Mr. President, I would like to raise the Department of Defense. The Department or Federal court officials in order to an important point relating to funding could propose additional personnel reduc- obstruct justice; and violating a per- this bill. I have been very concerned to tions to offset higher priority requirements son's federally protected rights based hear both the President and many of that might develop. on race, religion, or national origin, my colleagues, proponents and oppo- Mr. NUNN. Mr. President, I ask where death results. nents alike, of the crime bill say this unanimous consent to print these let- Increases or creates new penalties for legislation will be fully funded from a ters in the RECORD at the conclusion of numerous Federal criminal offenses, trust fund generated by savings made my remarks. for example: through Federal civilian personnel re- The PRESIDING OFFICER. Without Mandatory life imprisonment upon ductions, including reductions to De- objection it is so ordered. the third conviction for violent crime partment of Defense personnel. Federal (See exhibit 2) or major drug offenses; increases, by up civilian employment is to be cut by I am grateful to the Chief of Staff on to 10 years, penalties for certain drug 250,000 people between 1993 and 1999. behalf of the President for his reassur- or violent offenses if committed by a DOD has already submitted budget ance to all of us who are already con- repeat offender who is involved in a plans to cut 138,000 civilian personnel cerned about the adequacy of the criminal street gang; requires persons in this timeframe. But savings from planned funding levels for national de- convicted of sexually violent offenses these multiyear personnel reductions fense. to register a current address with the in DOD were needed to comply with the Mr. President, I intend to vote in appropriate law enforcement agency administration's overall spending tar- favor of the revised crime conference and allows for the release of that infor- gets for defense through fiscal year report. mation where necessary to protect the 1999. DOD has, in effect, already uti- However, I think it should be clear to public; increases or creates Federal lized these savings to meet the declin- everyone that, for all its good inten- penalties for such crimes as drive-by ing defense number set forth in the ad- tions, this bill will not trigger an end shooting; use of semi-automatic weap- ministration budget. I do not know to the crime problem in this country. ons in violent or drug crimes; aggra- whether this is the case with other de- Make no mistake about it-neither this vated sexual abuse; drunk driving partments, but it could be. bill nor any other legislative solution where a child is present; interstate gun I have been concerned, then, that the is going to erase the very fundamental and drug trafficking; theft of firearms crime bill appears to count on savings problems that lie at the root of Ameri- or explosives from interstate ship- from DOD personnel reduction that ca's crime epidemic. Laws cannot re- ments; smuggling aliens; and use of have already been taken to meet the verse the disintegration of family and children to distribute drugs near Bottom-Up Review budget targets. If values that this country is witnessing; schools and playgrounds; authorizes that is the case, the crime bill clearly laws cannot dictate culture and life- adult treatment of juveniles-age 13 could lead to additional cuts in the De- style; laws cannot control or shape in- and older-charged with murder, at- fense budget below the levels the Presi- fluence of violent television; and, fi- tempted murder, aggravated assault, dent has advocated this year as nec- nally, laws cannot create loving and armed robbery, rape and a variety of essary to support the Bottom-Up Re- supportive parents and role models for other crimes if the juvenile possessed a view. In the alternative, it could mean America's children. Those are tasks firearm during the offense; and en- cutting nondefense discretionary ac- which must be undertaken by the hances penalties for telemarketing counts to offset the defense savings not American people, in our homes, in our frauds targeting senior citizens, ex- available due to double counting. schools, in our churches, and in our pands Federal credit card offenses, and Mr. President, I wrote to the Presi- communities. While I am hopeful that creates a new Federal offense of insur- dent on August 23 to ask him to clarify this bill will help in the war against ance fraud. the situation. Chief of Staff Leon Pa- crime, we need to all realize that it is In sum, Mr. President, there are netta responded in a letter to me not, by any means, a substitute for a many good points to the anticrime today. To summarize Leon Panetta's kind of individual and community ef- package now before us. While I believe response, he has indicated that he does fort that is needed to truly impact this we all agree that crime is a very real not intend that the outyears DOD Nation's crime problem. and very grave threat to Americans, I budgets be reduced in order to fund the Mr. President, to summarize Leon think we also all recognize that there crime bill's trust fund, and he does not Panetta's response, he has indicated are many honest disagreements on how intend to require additional cuts in that he does not intend that the out- to best address that critical problem. DOD civilian manpower in order to lays, the outyear DOD budget outlays The package before us is, in my view, a generate funds for that trust fund. Mr. be reduced in order to fund the crime good-faith effort to reconcile those dif- Panetta states: bill's trust fund. He does not intend ferences where possible and make a First, let me assure you that enactment of and the administration does not intend positive contribution to our efforts the crime bill will not require a reduction in to require additional cuts to DOD civil- against crime. On balance, I believe the requested funding levels for the Depart- ian manpower in order to generate that the provisions of this bill will add ment of Defense contained in the President's funds for the trust fund. I will not go budget for FY 95-99. Consequently, the De- many needed tools and resources to partment will not be assigned a lower budget into all of his letter because my friend those of our citizens who are fighting target as a result of enactment of this bill. has already been kind enough with the crime on the front lines, whether in Furthermore, there are no plans to assign time. I am going to put the complete law enforcement efforts, in our prison funding responsibility to the Department of letter in the RECORD. systems, or in crime prevention pro- Defense for any of the new programs. Mr. President, I still believe that this grams. projects or activities established by the whole area of setting up a trust fund As far as my State of Georgia is con- crime bill, or for existing anti-crime activi- needs to be approached very carefully, cerned, the bill will ties now assigned to other Departments. provide, among The crime bill would require the Secretary particularly if there is any possibility other things, an estimated $225 million of the Treasury to make specified annual of double accounting, but at least this over the next 6 years for community transfers into the new trust fund. The budget letter makes it clear that the Depart- policing; approximately $102 million the President submitted to the Congress in ment of Defense is not going to be hit for prison grants, including military- February included FY 95-99 funding for the harder by the administration in terms August 24, 1994 CONGRESSIONAL RECORD-SENATE 23969 of this crime bill being taken out of de- sonnel reductions that have already been tion. When you know that it costs an fense. taken to meet the Bottom Up RReview budget average of $30,000 to keep an offender in targets. If that is the case. tAfrican Americans. laid before the Senate, together with tee on Banking. Housing and Urban Affairs. accompanying papers, reports, and doc- Indeed the Nobel Committee's an- EC-3252. A communication from the Chair- uments, which were referred as indi- man and President of the Export-Import nouncement stated that "Ms. Morrison cated: Bank of the United States. transmitting. gives life to an essential aspect of EC-3240. A communication from the Direc- pursuant to law, a report with respect to a American reality" in novels "charac- tor of the Office of Management and Budget. transaction involving U.S. exports to Brazil: terized by visionary force and poetic Executive Office of the President. transmit- to the Committee on Banking. Housing and import." ting. pursuant to law. the report of a certifi- Urban Affairs. Calling her "a literary artist of the cation relative to the Board for Inter- EC-3253. A communication from the Chair- first rank" the Academy's statement national Broadcasting for fiscal year 1991: to man and President of the Export-Import went further to say that "She delves the Committee on Appropriations. Bank of the United States, transmitting. EC-3241. A communication from the Chair- pursuant to law, a report with respect to a into the language itself, a language she man and President of the Export-Import transaction involving U.S. exports to India: wants to liberate from the fetters of Bank of the United States, transmitting. to the Committee on Banking, Housing and race. And she addresses us with the lus- pursuant to law, a report with respect to a Urban Affairs. ter of poetry." transaction involving U.S. exports to the EC-3254. A communication from the Chair- A Princeton University professor, People's Republic of China: to the Commit- man and President of the Export-Import Morrison is the author of "Song of Sol- tee on Banking. Housing and Urban Affairs. Bank of the United States. transmitting. 23976 CONGRESSIONAL RECORD-SENATE August 24, 1994 pursuant to law. a report with respect to a that if one Committee reports, the other items. Moreover, it establishes that the transaction involving U.S. exports to the Re- Committee have thirty days to report or be amount of any nonemergency spending public of Korea; to the Committee on Bank- discharged. in an emergency bill will be counted ing, Housing and Urban Affairs. By Mr. BAUCUS: against the relevant budget caps so EC-3255. A communication from the Chair- S. 2418. A bill to improve the management man and President of the Export-Import of floodplains. to protect and restore the en- that such spending does not add to the Bank of the United States, transmitting, vironment in floodplains, and for other pur- deficit. pursuant to law, a report with respect to a poses; to the Committee on Environment and Mr. President, this is a good govern- transaction involving U.S. exports to Russia; Public Works. ment piece of legislation. Again, the to the Committee on Banking, Housing and By Mr. PELL (for himself, Mr. MoY- House passed an identical bill by an Urban Affairs. NIHAN, Mr. STEVENS, and Mr. HAT- overwhelming margin. The Senate EC-3256. A communication from the Chair- FIELD): should act expeditiously to do the man and President of the Export-Import S. 2419. A bill entitled the "Library of Con- same.* Bank of the United States, transmitting, gress Financial Reform Act of 1994"; to the pursuant to law, a report with respect to a Committee on Rules and Administration. By Mr. BAUCUS: transaction involving U.S. exports to Russia; By Mr. INOUYE: S. 2418. A bill to improve the manage- S. 2420. A bill to amend the Organic Act of to the Committee on Banking. Housing and ment of floodplains, to protect and re- Urban Affairs. Guam to provide for restitution to the people store the environment in floodplains, EC-3257. A communication from the Chair- of Guam who suffered atrocities such as per- man and President of the Export-Import sonal injury, forced labor, forced marches, and for other purposes; to the Commit- Bank of the United States, transmitting, internment and death during the occupation tee on Environment and Public Works. pursuant to law. a report with respect to a of Guam during World War II, and for other FLOODPLAIN MANAGEMENT, ENVIRONMENTAL transaction involving U.S. exports to Thai- purposes; to the Committee on the Judici- RESTORATION, AND RECREATION ACT OF 1951 land; to the Committee on Banking. Housing ary. e Mr. BAUCUS. Mr. President, I intro- and Urban Affairs. By Mr. WARNER (for himself and Mr. duce a bill which will make some im- EC-3258. A communication from the Chair- ROBB): portant changes in the way we in the S.J. Res. 218. A joint resolution designat- man and President of the Export-Import United States deal with floods. It will, ing January 16, 1995, as "Religious Freedom Bank of the United States, transmitting, in fact, reform our whole approach to pursuant to law, a report with respect to a Day"; to the Committee on the Judiciary. transaction involving U.S. exports to the Re- By Mr. LEAHY (for himself. Mr. the issue. These reforms are based on public of Venezuela; to the Committee on LUGAR. Mr. PRYOR, Mr. COCHRAN, Mr. the recommendations of General Gallo- Banking. Housing and Urban Affairs. DASCHLE, Mr. JOHNSTON, Mr. BREAUX, way of the U.S. Army Corps of Engi- EC-3259. A communication from the Direc- Mr. BUMPERS, and Mr. GRAMM): neers and his task force, which re- tor of the Office of Management and Budget. S.J. Res. 219. A joint resolution to com- cently conducted a comprehensive Executive Office of the President, transmit- mend the United States rice industry, and study of the causes of last year's dev- ting. pursuant to law, a report to Congress for other purposes; to the Committee on the astating Midwestern flood. The bill Judiciary. on direct spending or receipts legislation also requires the Corps of Engineers to within five days of enactment; to the Com- pay more attention to their rec- mittee on the Budget. EC-3260. A communication from the Comp- STATEMENTS ON INTRODUCED reational and environmental respon- troller General of the United States, trans- BILLS AND JOINT RESOLUTIONS sibilities. mitting, pursuant to law, the report of Gen- By Mr. McCAIN: EFFECTS OF FLOOD DISASTERS eral Accounting Office reports and testimony S. 2417. A bill to amend the Balanced Since the 19th century, we have re- for July 1994; to the Committee on Govern- Budget and Emergency Deficit Control lied on the concept of flood control. mental Affairs. Act of 1985 and the Congressional Budg- Naively, or arrogantly, we assumed we et Act of 1974 to limit consideration of could prevent natural disasters like REPORTS OF COMMITTEES nonemergency matters in emergency floods completely. We have now learned legislation; to the Committee on the to our cost that we cannot. The following reports of committees A little less than a year ago, the Budget and the Committee on Govern- were submitted: flaws in the flood control policy caught mental Affairs, jointly, pursuant to the By Mr. BAUCUS, from the Committee on up with us. The waters on the Mis- order of August 4, 1977, with instruc- Environment and Public Works, with an sissippi and Missouri Rivers rose to tions that if one committee reports, amendment and an amendment to the title: their highest levels in more than 100 the other committee will have 30 days H.R. 3664. A bill to direct the Secretary of years. In some towns, they were higher to report or be discharged. the Interior to convey to the State of Min- than that. They topped records that nesota the New London National Fish Hatch- EMERGENCY SPENDING CONTROL ACT OF 1991l only science and archeology can deter- ery production facility (Rept. No. 103-359). * Mr. McCAIN. Mr. President, I intro- By Mr. BAUCUS, from the Committee on mine. duce legislation, recently approved by Environment and Public Works, without It was the biggest flood in 500 years. amendment: the House of Representatives, which It caused over $12 billion in damage to H.R. 4647. A bill to direct the Secretary of would establish procedures to ensure homes, farms, and communities. The the Interior to convey to the City of Impe- that emergency appropriations bills Federal Government spent over $6 bil- rial Beach, California, approximately 1 acre are not loaded with nonemergency lion on relief. of land in the Tijuana Slough National Wild- items. And as President Clinton said last life Refuge (Rept. No. 103-360). Over the years, Congress has inserted month, in a natural disaster "the big- funding for extraneous nonemergency gest tragedy is always the human trag- items INTRODUCTION OF BILLS AND into bills which must pass to edy." Last year's flood killed at least JOINT RESOLUTIONS protect public health and safety and 38 people. This year we lost 30 more in provide aid to victims of natural disas- Georgia, Florida, and Alabama. The The following bills and joint resolu- ters. Because such emergency funding cost goes beyond deaths-to people tions were introduced, read the first bills are not subject to discretionary made homeless, to families made de- and second time by unanimous con- spending budget caps, they make an at- pendent on handouts, to incomes crip- sent, and referred as indicated: tractive vehicle for members seeking pled, to communities broken. By Mr. McCAIN: to tack on extraneous items. GOVERNMENT POLICY CONTRIBUTES TO FLOOD S. 2417. A bill to amend the Balanced Budg- This cynical practice takes advan- DAMAGE et and Emergency Deficit Control Act of 1985 tage of dire circumstances and is an There is another dimension to these and the Congressional Budget Act of 1974 to abuse of the Federal budget process. tragedies. Few of us like to talk about limit consideration of nonemergency mat- ters in emergency legislation; to the Com- The bill would put an end to it, by es- it. Few of us even want to admit that mittee on the Budget and the Committee on tablishing a new Budget Act point of it exists. And this dimension is the Governmental Affairs, jointly, pursuant to order against any emergency funding contribution of Government policies to the order of August 4, 1977, with instructions bill which contains nonemergency flood disasters. August 24, 1994 CONGRESSIONAL RECORD-SENATE 23977 A flood bigger than any in recorded learned from the report of General Gal- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. history may be simply a freak of na- loway's task force and from two hear- (a) SHORT TITLE.-This Act may be cited as ture. But it may also be a sign of a ba- ings recently held on this subject is the "Floodplain Management. Environ- sically mistaken approach, which that in the future, we need to manage mental Restoration, and Recreation Act of makes floods rare but much more dev- floods, not try to control them. 1994". (b) TABLE OF CONTENTS.- astating than they would otherwise be. The time for action is now-when we have the opportunity to prevent future Sec. 1. Short title; table of contents. General Galloway's task force found Sec. 2. Definition of Secretary. that the latter is the case. disasters. Congress still has time to in- TITLE I-FLOODPLAIN MANAGEMENT In the past, Government incentive corporate some of the recommenda- policies encouraged people to move to tions of the flood task force into cur- Sec. 101. Water Resources Council. rent law, and we have an obligation to Sec. 102. Upper Mississippi River system flood plains. And Government building flood management. policies made floods rare but large. move quickly. Sec. 103. Lower Mississippi River system What were the ingredients? These reforms will force no farmer to flood management. First, levees. Flood plain land is good leave the flood plain. But they will Sec. 104. Missouri River Basin Association. agricultural land. At one time, it was help those who do want to move. And I Sec. 105. Studies. too dangerous to farm. But levees, think farmers in these areas should Sec. 106. River basin management plans. many of them built as public works think over their choices carefully. Sec. 107. Determination of flood control ben- projects during the Great Depression, President Clinton said the flood in efits. made farming in flood plains too Georgia should not make more good Sec. 108. Use of funds for nonstructural measures. tempting to resist. farmers leave their land. I disagree. Re- curring floods are a good reason for Sec. 109. Levee maintenance and repair pro- Second, destruction of wetlands. For gram. many years, we thought of wetlands as anybody to consider moving to higher Sec. 110. Missouri River floodway project. worthless swamp. We enacted no laws ground. And we ought to do all we can Sec. 111. Buy-out funding. to protect them. In fact, we tried to to relocate farmers who want to move, Sec. 112. Watershed approach to flood loss drain them. Well, we have found that and offer incentives for farmers in reduction. swamps are anything but worthless. In flood prone areas to relocate. TITLE II-ENVIRONMENTAL fact, wetlands are natural sponges. In a And while this debate will go on for PROTECTION AND RECREATION natural state, they are the reason we some time, we may need to make tough Sec. 201. Findings. had no disasters like last year's Mis- choices about letting people stay in Sec. 202. Project modifications for improve- souri flood in over 500 years. areas where no amount of flood protec- ment of the environment. Third, easily available flood insur- tion is sufficient or economically fea- Sec. 203. Aquatic ecosystem restoration. ance. You can get insurance on only 5 sible. Sec. 204. Revision of Principles and Guide- But I believe that we can strike the lines. days notice. So most people figure they Sec. 205. Small recreation and environ- can put off buying it until the flood right balance. This bill will put new technology and new ideas to work. It mental projects. waters start rising. But buying flood Sec. 206. Cost share for recreation will find new means to leverage private projects. insurance is not the first thing you Sec. 207. Local cost-share credit for in-kind think of when they begin to prepare for investments. And most important of contributions for environ- floods. So most people never have it all, it will change the current worn-out mental and recreation projects. when they need it. That means that ways of doing business. Altogether, Sec. 208. Rebuilding recreational facilities this bill will bring the management of taxpayers rather than insurance must after reservoir drawdowns. foot the bill for relief after a flood. this country's floodplains out of the SEC. 2. DEFINITION OF SECRETARY. Finally, Government actions may 19th and into the 21st century. As used in this Act, the term "Secretary" have made flood losses worse in some RECREATION AND ENVIRONMENT AND 'HE CORPS means the Secretary of the Army. areas. Structures built by the Govern- A second set of important reforms is TITLE I-FLOODPLAIN MANAGEMENT ment along river banks fuel the pace of contained in this bill. The fact is that SEC. 101. WATER RESOURCES COUNCIL. the water flows. all the flood control structures the (a) MEMBERSHIP AND PURPOSES.-Section WE CANNOT AFFORD A REPEAT' Corps of Engineers builds take a tre- 101 of the Water Resources Planning Act (42 U.S.C. 1962a) is amended- The human and financial tolls of mendous toll on the ecosystems they are in. And what little authority the (1) in the first sentence, by striking "and these flood policies are too great. The corps has to make its current projects the Chairman of the Federal Power Commis- suffering of the flood victims in the more environmentally sensitive, the sion" and inserting "'the Secretary of En- Midwest and in Georgia and Florida ergy. and the Director of the Federal Emer- Corps does not use. This bill addresses shows that the time has come for re- gency Management Agency"; both those problems. (2) in the second sentence, by inserting form. the corps is now the larg- Floods are natural disasters caused Moreover, "(or designees of the heads)" after "agen- est provider of water based recreation by forces beyond our control. But if we cies"; antl in the Nation. But it does not live up to (3) in the third sentence, by striking "des- reform our flood practices, we can re- its responsibilities in this area. That is ignated by the President." and inserting duce the cost in lives and property not news to citizens in my home State "the Chairman of the Council on Environ- when floods occur. This does not mean of Montana, where local residents face mental Quality established by section 202 of doing away with all levees and other the National Environmental Policy Act of unsafe conditions at corps reservoirs. structural solutions. But it does mean 1969 (42 U.S.C. 4342). The Chairman of the This bill will force the corps to give that levees should not be an automatic Council shall report directly to the Presi- recreation its due. It will also give the choice for protecting against floods. dent.". Therefore, before people begin build- Corps of Engineers the tools to get the (b) DUTIES.-Section 102 of such Act (42 ing again on the flood plain; before job done. U.S.C. 1962a-1) is amended- Mr. President, I urge my colleagues (1) by striking "(a)" and inserting "(1)"; communities raise matching funds for to support this legislation. (2) in paragraph (1) (as so redesignated), by levees; before we throw ourselves back Mr. President, I ask unanimous con- striking "and" at the end; into the policies of the last century; we sent that the text of the bill and a (3) by striking "(b)" and inserting "(2)"; must develop a new strategy. One that summary be printed in the RECORD. (4) in paragraph (2) (as so redesignated), by will take our economy, and our natural being no objection, the mate- striking the period at the end and inserting There a semicolon: and resources, into the next century. rial was ordered to be printed in the LEARNING FROM TIIE PAST (5) by adding at the end the following new RECORD, as follows: paragraphs: We need to learn from these disasters S. 2418 "(3) serve as the primary center for assist- so that when the next flood occurs, Be it enacted by the Senate and House of Rep- ance concerning the coordination and resolu- fewer people get hurt. What the Envi- resentatives of the United States of America in tion of interstate and interagency water re- ronment and Public Works Committee Congress assembled. sources management issues: 23978 CONGRESSIONAL RECORD-SENATE August 24, 1994 "(4)(A) seek to align Federal floodplain (b) FLOOD MANAGEMENT COORDINATING COM- (2) LONG-TERM RESOURCE MONITORING PRO- management with other broad national MITTEE.- GRAM.-There are authorized to be appro- goals; and (1) ESTABLISIHMENT.-The Secretary shall priated to the Department of the Army to "(B) serve as an innovative planning and establish a committee to be known as the carry out subsection (b)(2) $5.000.000 for each technology clearinghouse for floodplain "Upper Mississippi River Flood Management of the first 5 fiscal years beginning after the management; Coordinating Committee" to review and rec- date of completion of the river basin man- "(5) not later than March 1. 1996. prepare ommend approval or disapproval of the river agement plan under section 106(b). and submit to Congress a report evaluating basin management plan developed under sec- SEC. 104. MISSOURI RIVER BASIN ASSOCIATION. the efforts of the Secretary of the Army to tion 106(a). (a) DEFINITIONS.- As used in this section: change the policies and practices of the (2) MEMBERSHIP.-The Committee shall (1) MISSOURI RIVER BASIN ASSOCIATION.- Army Corps of Engineers concerning the use consist of the Secretary, the Secretary of the The term "'Missouri River Basin Associa- of structural solutions to water resources Interior, the Secretary of Agriculture, and tion" means an association of representa- management problems; and the Governors of the States of Illinois. Iowa. tives of the States of Iowa, Kansas, Missouri, "(6) oversee the activities of- Minnesota. Missouri, and Wisconsin. Montana, Nebraska, North Dakota, and "(A) the Upper Mississippi River Flood (3) OVERSIGHT.-The Committee shall re- South Dakota formed for the purposes of co- Management Coordinating Committee estab- port to the Water Resources Council estab- operative effort and united assistance in the lished under section 102(b) of the Floodplain lished under title I of the Water Resources comprehensive planning for the use, protec- Management, Environmental Restoration, Planning Act (42 U.S.C. 1962a et seq.). tion, growth, and development of the Mis- and Recreation Act of 1994: (4) COMPENSATION.-A member of the Com- souri River system. "(B) the Lower Mississippi River Flood mittee who is an officer or employee of the (2) MISSOURI RIVER SYSTEM.-The terms Management Coordinating Committee estab- Federal Government shall serve without ad- "Missouri River system" and "system" lished under section 103(c) of the Floodplain ditional compensation. A member of the mean the Missouri River and the tributaries Management, Environmental Restoration, Committee who is a Governor shall not re- of the river. and Recreation Act of 1994; and ceive any compensation from the Federal (b) PROGRAM AUTHORITY.-The Secretary. "(C) the Missouri River Flood Management Government for the service of the member in consultation with the Secretary of the In- Coordinating Committee established under on the Committee. terior, the Secretary of Agriculture. and the section 104(c) of the Floodplain Management, SEC. 103. LOWER MISSISSIPPI RIVER SYSTEM Secretary of Transportation, shall carry out. Environmental Restoration. and Recreation FLOOD MANAGEMENT. with respect to the system and consistent Act of 1994.". (a) DEFINITIONS.- As used in this section: with the river basin management plan devel- (1) LOWER MISSISSIPPI RIVER SYSTEM.-The (c) AUTHORIZATION OF APPROPRIATIONS.- oped under section 106(c)- terms "Lower Mississippi River system" and Section 401 of such Act (42 U.S.C. 1962d) is (1) a program for the planning, construc- "system" mean the Mississippi River and the amended to read as follows: tion. and evaluation of measures for fish and tributaries of the river south of, and adja- "SEC. 401. AUTHORIZATION OF APPROPRIATIONS. wildlife habitat restoration and enhance- cent to, Cairo, Illinois, except for the Ohio "There are authorized to be appropriated River and the tributaries of the river. ment; to the Water Resources Council to carry out (2) MISSISSIPPI RIVER COMMISSION.-The (2) a long-term resource monitoring pro- title I and this title $1,000,000 for each fiscal term "Mississippi River Commission" means gram; and year.". the commission established by the Act of (3) a program for the planning and con- (d) CONFORMING AMENDMENT.-Section 13(e) June 28. 1879 (21 Stat. 37, chapter 43; 33 U.S.C. struction of recreation projects. of the Federal (c) FLOOD MANAGEMENT COORDINATING COM- Nonnuclear Energy Research 641). and Development Act of 1974 (42 U.S.C. (b) PROGRAM AUTHORITY.-The Secretary, MI'rTEE.- 5912(e)) is amended by striking "section in consultation with the Secretary of the In- (1) ESTABLISHMENT.-The Secretary shall 102(a) of the Water Resources Planning Act terior, the Secretary of Agriculture, and the establish a subcommittee of the Missouri (42 U.S.C. 1962a-l(a))" and inserting "section Secretary of Transportation, shall carry out. River Basin Association to be known as the 102(1) of the Water Resources Planning Act with respect to the system and consistent "Missouri River Flood Management Coordi- (42 U.S.C. 1962a-1(1))". with the river basin management plan devel- nating Committee" to review and rec- SEC. 102. UPPER MISSISSIPPI RIVER SYSTEM oped under section 106(b)- ommend approval or disapproval of projects FLOOD MANAGEMENT. (1) a program for the planning, construc- developed under the programs established (a) DEFINITION OF UPPER MISSISSIPPI RIVER tion, and evaluation of measures for fish and under subsection (b) and the river basin man- SYSTEM.-Section 1103 of the Water Re- wildlife habitat restoration and enhance- agement plan developed under section 106(c). sources Development Act of 1986 (33 U.S.C. ment; and (2) MEMBERSHIP.-The Committee shall 652) is amended- (2) a long-term resource monitoring pro- consist of the Secretary, the Secretary of the (1) in subsection (b). by striking paragraph gram. Interior, the Secretary of Agriculture, the (1) and inserting the following new para- (c) FLOOD MANAGEMENT COORDINATING COM- Secretary of Transportation, and the Gov- graph: MIT'rEE.- ernors of the States of Iowa, Kansas. Mis- "(1) the terms 'Upper Mississippi River sys- (1) ESTABLISHMENT.-The Secretary shall souri, Montana. Nebraska. North Dakota. tem' and 'system' mean the Mississippi River establish a subcommittee of the Mississippi and South Dakota. and the tributaries of the river north of and River Commission to be known as the (3) OVERSIGHT.-The Committee shall re- adjacent to Cairo. Illinois, except for the "Lower Mississippi River Flood Management port to the Water Resources Council estab- Missouri River and the tributaries of the Coordinating Committee" to review and rec- lished under title I of the Water Resources river;"; and ommend approval or disapproval of projects Planning Act (42 U.S.C. 1962a et sea.). (2) in subsection (e), by striking paragraph developed under the programs established (d) AUTHORIZATION OF APPROPRIATIONS.- (2) and inserting the following new para- under subsection (b) and the river basin man- (1) FLOOD MANAGEMENT PROGRAM.-There graph: agement plan developed under section 106(b). are authorized to be appropriated to the De- "(2) REPORT.-Not later than 2 years after (2) MEMBERSHIP.-The Committee shall partment of the Army to carry out sub- the date of enactment of the Floodplain consist of the Secretary, the Secretary of the section (b)(1) $13,000,000 for each of the first Management, Environmental Restoration. Interior, the Secretary of Agriculture, the 5 fiscal years beginning after the (late of and Recreation Act of 1994. the Secretary Secretary of Transportation, and the Gov- completion of the river basin management and the Secretary of the Interior, in coopera- ernors of the States of Arkansas, Kentucky, plan under section 106(c). tion with the States of Illinois. Iowa, Min- Louisiana, Mississippi. Missouri, and Ten- (2) LONG-TERM RESOURCE MONITORING PRO- nesota, Missouri, and Wisconsin, and with nessee. GRAM.-There are authorized to be appro- the approval of the Upper Mississippi River (3) OVERSIGHT.-The Committee shall re- priated to the Department of the Army to Basin Association, shall prepare and submit port to the Water Resources Council estab- carry out subsection (b)(2) S5,000,000 for each to Congress a report that assesses the envi- lished under title I of the Water Resources of the first 5 fiscal years beginning after the ronmental sustainability of the Upper Mis- Planning Act (42 U.S.C. 1962a et seq.) and co- date of completion of the river basin man- sissippi River system, evaluates the pro- ordinate activities with the Mississippi agement plan under section 106(c). grams referred to in paragraph (1), and rec- River Commission. (3) RECREATION PROJECT CONSTRUCTION PRO- ommends additional or alternative actions (d) AUTHORIZATION OF APPROPRIATIONS.- GRAM.-There are authorized to be appro- to enhance and protect the long-term eco- (1) FLOOD MANAGEMENT PROGRAM.-There priated to the Department of the Army to logical integrity of the basin of the Upper are authorized to be appropriated to the De- carry out subsection (b)(3) $2,000,000 for each Mississippi River system. The report shall partment of the Army to carry out sub- of the first 5 fiscal years beginning after the use information obtained through the long- section (b)(1) S13,000.000 for each of the first date of completion of the river basin man- term resource monitoring program referred 5 fiscal years beginning after the date of agement plan under section 106(c). to in paragraph (1)(B) and shall address both completion of the river basin management SEC. 105. STUDIES. watershed and floodplain actions.". plan under section 106(b). (a) IN GENERAL.- August 24, 1994 CONGRESSIONAL RECORD-SENATE 23979 (1) UPPER MISSISSIPPI RIVER BASIN LEV- Association and the Upper Mississippi River ana, Mississippi. Missouri, and Tennessee: EES.-In carrying out the study authorized Flood Management Coordinating Committee and under title I of the Energy and Water Devel- established under section 102(b), a com- (B) in a manner that is consistent with- opment Appropriations Act, 1994 (Public Law prehensive river basin management plan (i) the National Environmental Policy Act 103-126). concerning the adequacy of flood that addresses the long-term ecological, eco- of 1969 (42 U.S.C. 1321 et seq.); and control measures on the upper Mississippi nomic. and flood control needs of the basin (ii) the Economic and Environmental Prin- River and the tributaries of the river, the of the Upper Mississippi River system. ciples and Guidelines for Water and Related Secretary of the Army shall survey the lev- (2) CONTENTS OF PLAN.-The plan shall pro- Land Resources Implementation Studies ees (other than a levee that is constructed to vide for the integration of the flood-control after the revision of the Principles and less than a 10-year flood protection level and facilities in existence on the date of enact- Guidelines pursuant to section 204(a). that protects the land of 5 or fewer land- ment of this Act in the basin of the Upper (c) MISSOURI RIVER BASIN.- owners) in existence on the date of comple- Mississippi River system into an efficiently (1) IN GENERAL.-To ensure the coordinated tion of the study. The survey shall be a gen- functioning flood damage reduction system. development and enhancement of the Mis- eral assessment of- including structural and nonstructural souri River system (as defined in section (A) the physical condition of each levee; measures, that is compatible with the func- 101(a)(2)). the Secretary. not later than 2 (B) the estimated economic benefit of the tioning and restoration of the floodpiain eco- years after the date of enactment of this levee to the area protected by the levee; system. Act. in consultation with the Missouri River (C) the estimated environmental impact of (3) PUBLIC PARTICIPATION.-In order to pro- Basin Association (as defined in section the levee: and vide for the full participation of affected per- 101(a)(1)) and the Missouri River Flood Man- (D) the estimated cost of bringing the levee sons and persons interested in floodplain agement Coordinating Committee estab- into compliance with the standards of the management, the plan shall be developed- lished under section 104(c). shall develop a Army Corps of Engineers where the compli- (A) in consultation with the Governors of comprehensive river basin management plan ance is necessary. the States of Illinois. Iowa. Minnesota. Mis- that addresses the long-term ecological. eco- (2) HYDROLOGY OF UPPER MISSISSIPPI RIVER souri, and Wisconsin, or designees of the nomic. and flood control needs of the basin BASIN.- Governors; of the Missouri River system. (A) IN GENERAL.-Not later than 2 years (B) in consultation with non-Federal inter- (2) PUBLIC PARTICIPATION.-In order to pro- after the date of enactment of this Act, the ests; and vide for the full participation of affected per- Secretary shall conduct a study of the hy- (C) in a manner that is consistent with- sons and persons interested in floodplain drology of the Upper Mississippi River basin (i) the National Environmental Policy Act management, the plan shall be developed- to determine the systemic effects of struc- of 1969 (42 U.S.C. 4321 et seq.): and (A) in consultation with the Governors of tural flood control measures in existence on (ii) the Economic and Environmental Prin- the States of Iowa. Kansas. Missouri. Mon- the date of completion of the study, includ- ciples and Guidelines for Water and Related tana. Nebraska. North Dakota, and South ing the measures assessed under the study Land Resources Implementation Studies Dakota: and described in paragraph (1). after the revision of the Principles andt (B) in a manner that is consistent with- (B) AUTHORIZATION 01-' APPROPRIATIONS.- Guidelines pursuant to section 204(a). (i) the National Environmental Policy Act There are authorized to be appropriated to (4) DEFINITIONS.-As used in this sub- of 1969 ('12 U.S.C. 4321 et seq.); and section: the Department of the Army $10.000,000 to (ii) the Economic and Environmental Prin- (A) NONSTRUCTURAL carry out this paragraph. MEASURE.-The term ciples and Guidelines for Water and Related "nonstructural measure" means- (3) LOCAI, DRAINAGE SYSTEMS.- Land Resources Implementation Studies (A) IN GENERAL.-Not later than 1 year (i) the floodproofing of a structure: after the revision of the Principles and (ii) a flood warning system; after the (late of enactment of this Act, in Guidelines pursuant to section 204(a). consultation with the Administrator of the (iii) floodplain regulation and manage- (d) AUTHORIZATION OF APPROPRIATIONS.- ment; Environmental Protection Agency and the There are authorized to be appropriated (iv) the acquisition of floodplain land for Secretary of Housing and Urban Develop- $5.000.000 to carry out this section. recreational, fish and wildlife. riparian res- ment, the Secretary slall conduct a study to SEC. 107. DETERMINATION OF FLOOD CONTROL toration, wetlands restoration, and other BENEFITS. determine how local drainage systems may public purposes; Section 905 of the Water Resources Devel- be designed and retrofitted to preserve (v) relocation: and aquatic habitat, limit potential increases in opment Act of 1986 (33 U.S.C. 2282) is amend- (vi) any other measure not involving a ed-- flood discharges, and meet the needs of the structure that is designed to or has the ef- (1) in the second sentence of subsection (a). areas served by the systems. fect of changing the natural flow of a river by striking "Such feasibility report" and in- (B) AUTHORIZATION OF APPROPRIATIONS.- that floods. serting "Subject to subsection (e), the fea- There are authorized to be appropriated to (B) UPPER MISSISSIPPI RIVER BASIN ASSOCIA- sibility report": the Department of the Army $1.000,000 to TION.-The term "Upper Mississippi River' (2) in the second sentence of subsection (b). carry out this paragraph. Basin Association" has the meaning pro- striking "Such reconnaissance study" (41 FLOODPRONE AREAS.- by vided in section 1103(b)(4) of the Water Re- and inserting "Subject to subsection (e). the (A) IN GENERAL.-Not later than 1 year sources Development Act of 1986 (33 U.S.C. reconnaissance study"; and after the date of enactment of this Act, in 652(b)(4)). at the end the following new coordination with the Director of the Fed- (3 by addling (C) UPI'ER MISSISSIPPI RIVER SYSTEM.-The subsection: eral Emergency Management Agency, the term "Upper Mississippi River system" has "(e) DETERMINATION OF FLOOD CONTROL Secretary shall conduct a study of the entire the meaning provided in section 1103(b)(l) of BENEFITs.-In preparing a feasibility report Mississippi River and Missouri River basins such Act (33 U.S.C. 652(b)(1)). under subsectionta). or a reconnaissance to determine the most frequently flooded (b) LOWER MISSISSIPPI RIVER BASIN.- study under subsection (b),for a water re- areas with the greatest loss of human life (1) IN GENERAL.-To ensure the coordinated sources project, the flood control benefits de- and property. development and enhancement of the Lower termined for the project shall not include (B) AUTHORIZATION OF APPROPRIATIONS.- Mississippi River system (as defined in sec- the benefits derived from any use of the 100- There are authorized to be appropriated to tion 103(a)(1)). the Secretary, not later than year floodplain that involves, after the date the Department of the Army $1.000,000 to 2 years after the date of enactment of this of initiation of the reconnaissance study for carry out this paragraph. Act, in consultation with the Upper Mis- the project- (b) PROHIBITION ON DELEGATION.-Each sissippi River Flood Management Coordinat- "(1) the construction of a new structure: study required under subsection (a) sllall be ing Committee established under section "(2) a substantial improvement to a struc- carried out under the personal direction of 102(b) and the Mississippi River Commission ture: or the Secretary. The conduct and supervision established by the Act of June 28. 1879 (21 "(3) any other change in an activity in the of the studies may not be delegated below Stat. 37, chapter 13: 33 U.S.C. 641). shall de- area of the floodplain in which the project is the position of the Deputy Assistant Sec- velop a comprehensive river basin manage- located that significantly increases the com- retary of the Army having responsibility for ment plan that addresses the long-term eco- mercial or resale value of property in the civil works. logical, economic, and flood control needs of floodplain subject to damage from flood- SEC. 106. RIVER BASIN MANAGEMENT PLANS. the basin of the Lower Mississippi River sys- ing.". (a) UPPER MISSISSIPPI RIVER BASIN.- tem. SEC. 108. USE OF FUNDS FOR NONSTRUCTURAL (1) IN GENERAL.-To ensure the coordinated (2) PUBLIC PARTICIPATION.-In order to pro- MEASURES. development and enhancement of the Upper vide for the full participation of affected per- Section 5(a) of the Act entitled "An Act Mississippi River system, the Secretary, not sons and persons interested in floodplain authorizing the construction of certain pub- later than 2 years after the (late of enact- management, the plan shall be developed- lic works on rivers and harbors for flood con- ment of this Act, shall develop, in consulta- (A) in consultation with the Governors of trol. and for other purposes". approved Au- tion with the Upper Mississippi River Basin the States of Arkansas. Kentucky, Louisi- gust 18. 1911 (33 U.S.C. 701n(a)). is amended 23980 CONGRESSIONAL RECORD-SENATE August 24, 1994 by adding at the end the following new para- "(A) IN GENERAL.-Except as provided in "(A) IN GENERAL.-In meeting the cost- graph: subparagraph (B), the Secretary shall coordi- sharing requirements of an activity assisted "(3) NONSTRUCTURAL MEASURES.- nate and carry out repair and rehabilitation by the Secretary under paragraph (3) or (4), "(A) USE OF FUNDS.-The Secretary may of a levee, after the levee is damaged by a the non-Federal interest may- use funds from the emergency fund author- flood or other natural disaster, if the State "(i) accept from any source contributions ized under paragraph (1) to replace with a or local interest with respect to the levee- of funds, materials, services, and other items nonstructural measure any flood control "(i) participates in the national flood in- of value, and in-kind contributions, for the measure damaged or destroyed by flood. surance program established under chapter 1 purpose of providing a portion of the non- "(B) OTHER FUNDS.-The Secretary shall of the National Flood Insurance Act of 1968 Federal share of the cost of the activity; and consult with the heads of other agencies and (42 U.S.C. 4011 et seq.) with respect to the "(ii) provide a noncash contribution de- other persons in an effort to combine funds levee; scribed in clause (i) for that purpose. from the emergency fund authorized under "(ii) carries out routine operation and "(B) DETERMINATION OF VALUE.-A noncash paragraph (1) with funds available from maintenance and upkeep of the levee; contribution described in subparagraph (A) other Federal programs, and with funds from "(iii) in the case of a levee that provides may be credited towards the non-Federal State, local, and private sources, for the pur- 100-year flood protection, requires all prop- share of the cost of the activity if the con- pose of using nonstructural measures to re- erties protected by the levee to comply with tribution has a positive impact on the activ- duce damage in the event of future flooding. the national flood insurance program; ity. The value of the contribution shall be "(C) MITIGATION PLANS.-At the request of "(iv) in the case of a levee that provides determined in advance of the crediting of the a non-Federal interest with jurisdiction over less than 100-year flood protection, requires contribution by mutual agreement of the an area that has been subject to repeat flood- insurance on all structures and crops pro- Army Corps of Engineers and the non-Fed- ing, as identified by the Director of the Fed- tected by the levee; eral interest. If the Army Corps of Engineers eral Emergency Management Agency or as "(v) with respect to the repair and reha- denies credit for a contribution, the denial determined pursuant to the study required bilitation, meets the cost-sharing require- may be appealed to the Secretary. under section 105(a)(4) of the Floodplain ments for flood control projects specified in "(6) DEFINITIONS.-As used in this sub- Management, Environmental Restoration, section 103(a) of the Water Resources Devel- section: and Recreation Act of 1994, the Secretary opment Act of 1986 (33 U.S.C. 2213(a)). except "(A) MAINTENANCE AND UPKEEP.-The term may use funds from the emergency fund au- that the minimum non-Federal share shall 'maintenance and upkeep' means all mainte- thorized under paragraph (1) to develop a be 20 percent; nance and general upkeep of a levee per- mitigation plan for the area that provides "(vi) provides for appropriate environ- formed on a regular and consistent basis for carrying out 1 or more nonstructural mental enhancements to the land protected that is not repair and rehabilitation. measures to reduce damage in the event of by the levee, in coordination with appro- "(B) NONSTRUCTURAL MEASURE.-The term 'nonstructural measure' means- future flooding. priate Federal and State agencies; "(D) FUNDING FOR NONSTRUCTURAL MEAS- "(vii) does not raise the height of the levee "(i) the floodproofing of a structure; URES.- immediately preceding or during a flood "(ii) a flood warning system; "(i) MINIMUM FUNDING LEVEL.-Except as without the prior agreement of the State and "(iii) floodplain regulation and manage- provided in clause (ii). not less than 15 per- the Army Corps of Engineers; and ment; "(iv) the acquisition of floodplain land for cent of all funds expended for each fiscal "(viii) in the case of a levee not previously year by the Secretary for the purpose of subject to the engineering standards of the recreational, fish and wildlife, riparian res- flood control (including funds from the emer- Army Corps of Engineers (as of the day be- toration. wetlands restoration, or other pub- gency fund authorized under paragraph (1) fore the date of the damage), brings the levee lic purposes; and funds allotted under section 205 of the into compliance with the standards. "(v) relocation; and Flood Control Act of 1948 (33 U.S.C. 701s)) "(B) INELIGIBLE LEVEES.-A levee shall not "(vi) any other measure not involving a shall be used for the study, design, construc- be eligible for Federal assistance under sub- structure that is designed to or has the ef- tion, and implementation of nonstructural paragraph (A) if the Secretary determines fect of changing the natural flow of a river measures. that the levee- that floods. "(ii) WAIVER.-With respect to a fiscal "(i) is in a hydrologically inappropriate lo- "(C) REPAIR AND REHABILITATION.-The year. the Secretary may apply to the Water cation. as determined pursuant to the study term 'repair and rehabilitation'- Resources Council established under title I required under section 105(a)(2) of the Flood- "(i) except as provided in clause (ii), means of the Water Resources Planning Act (42 plain Management, Environmental Restora- the rebuilding or repair of a levee or other U.S.C. 1962a et seq.) for a waiver from the tion, and Recreation Act of 1994; flood control structure, after the structure minimum funding level established under "(ii) is inconsistent with the Economic and has been damaged by a flood, to the level of clause (i). The Water Resources Council may Environmental Principles and Guidelines for protection provided by the structure before grant the waiver- Water and Related Land Resources Imple- the flood; and "(I) if the Secretary demonstrates, to the mentation Studies after the revision of the "(ii) does not include- satisfaction of the Council. that there are an Principles and Guidelines pursuant to sec- "(I) any improvement to the structure; or insufficient number of appropriate non- tion 204(a) of such Act; or "(II) rebuilding or repair described in structural measures on which to expend the "(iii) should be replaced with 1 or more clause (i) if, in the normal course of usage, full amount of the funds; and nonstructural measures. the structure becomes structurally unsound "(II) only to the extent that the minimum "(C) LEVEE OWNERS MANUAL.- and is no longer fit to provide the level of funding level cannot be met because of the "(i) IN GENERAL.-Not later than 1 year protection for which the structure was de- insufficiency. after the date of enactment of this para- signed. "(D) "(E) COST SHARE FOR NONSTRUCTURAL MEAS- graph, the Secretary shall prepare a manual SECRETARY.-The term 'Secretary' URES.-The Federal share of the cost of an describing the maintenance and upkeep re- means the Secretary of the Army.". activity relating to a nonstructural measure sponsibilities that the Army Corps of Engi- SEC. 110. MISSOURI RIVER FLOODWAY PROJECT. carried out under this paragraph shall be 75 neers requires of a non-Federal interest in (a) IN GENERAL.-For the purpose of im- percent. The non-Federal interests with re- order for the non-Federal interest to receive proving the riparian habitat and reducing spect to such a measure shall provide all Federal assistance under this paragraph, in- flood losses along the Missouri River, the land, easements, rights-of-way, dredged ma- cluding responsibilities relating to compli- Secretary shall pay the Federal share of lpur- chasing, from willing sellers, land along the terial disposal areas, and relocations nec- ance with the Principles and Guidelines re- between Sioux City, Iowa, essary for the measure, but shall not be re- ferred to in subparagraph (B)(ii). The Sec- Missouri River and St. Louis, Missouri. In determining the quired to contribute any amount in cash dur- retary shall provide a copy of the manual to land to be purchased, the Secretary may use ing the construction or implementation each non-Federal interest that receives Fed- of data collected by the Scientific Assessment the measure.". eral assistance under this paragraph. and Strategy Team for the Interagency SEC. 109. LEVEE MAINTENANCE AND REPAIR "(ii) PROHIBITION ON DELEGATION.-The Floodplain Management Review Committee, PROGRAM. preparation of the manual shall be carried and shall consult with the Secretary of the Section 5(a) of the Act entitled "An Act out under the personal direction of the Sec- Interior and the Secretary of Agriculture. authorizing the construction of certain pub- retary and may not be delegated below the (b) COST-SHARING.-The Federal share of lic works on rivers and harbors for flood con- position of the Assistant Secretary of the the cost of purchasing a parcel of land under trol. and for other purposes", approved Au- Army having responsibility for civil works. this section shall be not more than 80 per- gust 18. 1941 (33 U.S.C. 701n(a)) (as amended "(iii) AUTHORIZATION OF APPROPRIATIONS.- cent. by section 108). is further amended by adding There are authorized to be appropriated (c) AUTHORIZATION OF APPROPRIATIONS.- at the end the following new paragraphs: $1,000,000 to carry out this subparagraph. There are authorized to be appropriated to "(4) LEVEE MAINTENANCE AND REPAIR PRO- "(5) LOCAL COST-SHARE CREDIT FOR IN-KIND carry out this section $8.000.000 for each of GRAM.- CONTRIBUTIONS.- fiscal years 1995 through 2004. August 24, 1994 CONGRESSIONAL RECORD-SENATE 23981 SEC. II1. BUY-OUT FUNDING. navigation or other projects, constructed or of the Army Corps of Engineers and the Sec- (a) IN GENERAL.-In each fiscal year, the assisted by the Secretary- retary of the Interior under the Fish and Secretary shall purchase land or easements (A) in accordance with subsection (a) of Wildlife Coordination Act (16 U.S.C. 661 et and relocate willing sellers in floodprone section 1135 of the Water Resources Develop- seq.). areas, or areas protected by flood control ment Act of 1986 (33 U.S.C. 2309a(a)); and (e) FUNDS FROM OTHER AGENCIES.- structures that repeatedly fail, as deter- (B) to determine the need for environ- (1) IN GENERAL.-In the case of an aquatic mined pursuant to the study required under mental restoration projects in river systems ecosystem restoration project assisted under section 105(a)(4). impacted by the construction or operation of this section, the Secretary shall coordinate (b) COOPERATION WITH OTHER AGENCIES.- the flood control, navigation, or other with the heads of other Federal agencies to To the maximum extent practicable, the projects for the purpose described in such determine whether conservation funds avail- Secretary shall- subsection. able to the agencies can and should be used (1) combine funds made available under (2) GEOGRAPHIC REPRESENTATION.-With re- to contribute to the project. The Secretary this section with funds of other Federal spect to each annual review, the projects re- shall include funds so used as part of the de- agencies available for the same purpose; and viewed shall be geographically representa- sign of the project if the project is approved (2) cooperate with other Federal agencies tive of all flood control, navigation, and by the contributing agency. to identify areas that, if purchased, would be other projects, constructed or assisted by the (2) COST-SHARING.-Funds used for a project available to achieve multiple Federal pur- Secretary. under paragraph (1) shall not be subject to poses, including a reduction in flood dam- (3) REPORT TO CONGRESS.-Not later than 18 the cost-sharing requirements of this section ages, a decrease in the repair and rehabilita- months after the date of enactment of this but shall be subject to any cost-sharing re- tion required of flood control structures, and Act and every 2 years thereafter, the Sec- quirements applicable to the funds under environmental enhancement. retary shall transmit to Congress a report on other laws. (c) AUTHORIZATION OF APPROPRIATIONS.- the results of the review conducted under (f) RESPONSIBILITY FOR LAND.-In the case There are authorized to be appropriated to paragraph (1). including recommendations of an aquatic ecosystem restoration project carry out this section $25.000,000 for each fis- resulting from the review. assisted under this section. land or an inter- cal year, to remain available until expended. SEC. 203. AQUATIC ECOSYSTEM RESTORATION. est in land may be held or acquired by any SEC. 112. WATERSHED APPROACH TO FLOOD person or instrumentality of government, in- LOSS REDUCTION. (a) PROGRAM.-The Secretary may pay the Federal share of the cost of carrying out cluding any Federal instrumentality, consid- Section 2 of the Act entitled "An Act au- projects, and project components, the pri- ered by the Army Corps of Engineers to be thorizing the construction of certain public mary purpose of which is the restoration of capable of fulfilling the responsibilities of works on rivers and harbors for flood con- an aquatic ecosystem or a portion of an holding and maintaining the land or interest trol, and for other purposes", approved June in a manner necessary for successful comple- 22, aquatic ecosystem. 1936 (33 U.S.C. 701b). is amended by adding (b) COST-SHARING.- tion and operation of the project. at the end the following new sentence: "The (1) IN GENERAL.-The Federal share of a (g) APPLICABILITY.-If aquatic ecosystem Secretary of the Army shall collaborate with project or component described in subsection restoration is only 1 purpose of a project, the Federal. State, and local agencies during the (a) shall be 75 percent. Any portion of the provisions of this section concerning cost- planning, design, and construction phases of non-Federal share of the cost of such a sharing. consultation, and approval shall all flood control projects for the purpose of project or component (including any portion apply to each project component justified in adopting a watershed-wide approach to the of a feasibility plan) may be in kind, fairly whole or in part by the contribution of the reduction of flood losses.". evaluated, including a facility, supply, or component to aquatic ecosystem restoration. TITLE II-ENVIRONMENTAL PROTECTION service that is necessary to carry out the (h) ENVIRONMENTAL IMPACTS ON AQUATIC AND RECREATION project. A non-Federal interest shall not be SYSTEMS.- SEC. 201. FINDINGS. required to provide all land or interests in (1) CONSIDERATION OF FISH AND WILDLIFE Congress finds that- land (including any right-of-way) with re- BENEFITS.-For the purpose of a water re- (1) the rivers and reservoirs of the United spect to the project. sources project carried out or assisted by the States are principal sources of water-based (2) PROJECTS OF CRITICAL NATIONAL INTER- Secretary, fish and wildlife benefits shall not recreation for the citizens of the United EST.- be considered segregable benefits but shall States: (A) IN GENERAL.-The Federal share of a be considered part of aquatic ecosystem (2) the water resources described in para- project or component described in subsection preservation or restoration benefits. graph (1) provide habitat to numerous spe- (a) that is of critical national interest shall (2) ENVIRONMENTAL EVALUATIONS.-An envi- cies of animals and plant life: be 100 percent. ronmental evaluation of a water resources (3) the water resources comprise important (B) TYPES OF PROJECTS.-A project de- project carried out or assisted by the Sec- ecosystems whose delicate balance is critical scribed in subsection (a) shall be considered retary that affects the physical structure or to sustaining and preserving the environ- to be of critical national interest if- hydrology of a river, lake, estuary, wetland. ment and natural resources of the United (i) the purpose of the project is to provide or any other component of an aquatic sys- States; national benefits by protecting and restoring tem. shall be based on the impact of the (41) the provision of recreation and the envi- the structure, function, and hydrologic re- project on all functions of the aquatic sys- ronmental protection of water resources are gime of an aquatic ecosystem: and tem. including the impact on each aquatic proper activities for the Federal Government (ii) the project is located on Federal land organism and terrestrial organism that uses in cooperation with States. political subdivi- or is approved by the Director of the United the aquatic system, on water quality, and on sions of States. and local governments; and States Fish and Wildlife Service, the Direc- downstream and upstream hydrology. In car- (5) providing recreational opportunities tor of the National Marine Fisheries Service. rying out any such evaluation, the Secretary and protecting the environment are missions or the Director of the National Park Service. shall consider the risk that the biological of the Army Corps of Engineers of at least (c) RECONNAISSANCE STUDIES.- impact of an adverse alteration of the natu- equal import to the provision of flood con- (1) IN GENERAL.-Upon the request of. and ral hydrology and physical structure of an trol protection and navigational opportuni- in coordination with, potential non-Federal aquatic system will be different and greater ties along the inland and shoreline waters interests and the Administrator of the Envi- than the impact that can be predicted using and harbors and ports of the United States. ronmental Protection Agency, the Director scientific knowledge as of the date of the SEC. 202. PROJECT MODIFICATIONS FOR IM- of the United States Fish and Wildlife Serv- evaluation. PROVEMENT OF THE ENVIRONMENT. ice, the Director of the National Marine (3) MITIGATION.-In the case of a water re- (a) PAYMENT OF NON-FEDERAL SHARE Fisheries Service, or the Director of the Na- sources project that has an adverse effect on THROUGH IN-KIND CONTRIBUTIONS.-Section tional Park Service, the Chief of Engineers the natural hydrology or physical structure 1135(b) of the Water Resources Development of the Army Corps of Engineers may carry of an aquatic system, the focus of mitigation Act of 1986 (33 U.S.C. 2309a(b)) is amended by out reconnaissance studies for aquatic res- of the effect shall be on efforts to restore the inserting before the last sentence the follow- toration projects of critical national interest hydrology or structure of the natural system ing new sentence: "Not more than 80 percent described in subsection (b)(2). to replicate the acreage and functions lost or of the non-Federal share may be in kind, (2) AUTHORIZATION OF APPROPRIATIONS.- negatively impacted by the project. fairly evaluated, including a facility, supply. There are authorized to be appropriated to (4) GUIDANCE.-Not later than 1 year after or service that is necessary to carry out the carry out paragraph (1) S15.000.000 for each the date of enactment of this Act. the Chief modification.". fiscal year'. of Engineers of the Army Corps of Engineers. (b) MANDATORY REVIEW OF CONSTRUCTED (d) PROJECT RECOMMENDATIONS.-Congress in consultation with the Director of the PROJECTS.- may not appropriate funds for an aquatic United States Fish and Wildlife Service. the (1) IN GENERAL.-The Secretary shall annu- ecosystem restoration project under this sec- Director of the National Marine Fisheries ally conduct a review of not fewer than 5 tion unless the project receives a favorable Service, and the Administrator of the Envi- flood control projects, and not fewer than 5 recommendation from the Chief of Engineers ronmental Protection Agency, shall issue 23982 CONGRESSIONAL RECORD-SENATE August 24, 1994 technical guidance for the implementation (2) are not specifically authorized by Con- Secretary becomes unusable or unsafe for of this subsection. gress; and more than 90 consecutive days because of a SEC. 204. REVISION OF PRINCIPLES AND GUIDE- (3) the Secretary determines are advisable. release of water or reservoir drawdown for LINES. (b) AMOUNT FOR EACH PROJECT.-The any purpose, the Secretary may, at full Fed- (a) IN GENERAL.-Not later than 1 year amount provided for a project under sub- eral cost, restore the facility, or build a new after the date of enactment of this Act. the section (a) shall be sufficient to complete recreational facility of a comparable level of Secretary, in consultation with the Prin- Federal participation in the project, except development at the lower reservoir level. ciples and Guidelines Advisory Council es- that not more than 35.000,000 shall be pro- The Secretary shall seek contribution for tablished under subsection (c), shall revise vided for a project at a single location. the Federal cost from any agency that di- the Economic and Environmental Principles (c) EXTENT OF PROJECTS.-With respect to rects or requests the release or drawdown, and Guidelines for Water and Related Land a project carried out under subsection (a), including the Department of the Interior and Resources Implementation Studies issued on the Secretary may not commit to any addi- the Department of Energy. March 10. 1983. by the Water Resources Coun- tional improvements, after the completion of cil established under title I of the Water Re- the project, to ensure the successful oper- SECTION-BY-SECTION SUMMARY OF THE FLOOD- sources Planning Act (42 U.S.C. 1962a et seq.), ation of the project. PLAIN MANAGEMENT, ENVIRONMENTAL RES- to- (d) SURVEYS AND REPORTS.-The Secretary TORATION AND RECREATION ACT OF 1994 (1) establish economic and environmental shall not be required to prepare a survey or TITLE I-FLOODPLAIN MANAGEMENT benefits as co-equal objectives of water re- report prior to carrying out a project under Section 101 resuscitates sources planning, for the purpose of review- the Water Re- this section. sources Council to coordinate and ensure ing projects constructed by the Secretary: the (e) ALLOTMENT OF AMOUNTS.-From any consistency of national programs for flood (2) encourage the enhancement of the eco- amounts made available before, on. or after nomic development of the United States; and control and flood emergency assistance. The the tlate of enactment of this Act for general Council will be chaired by the Chairperson (3) encourage the restoration and improve- of construction projects of the the Council on ment of the quality of the environment Department of Environmental Quality. This the Army, the Secretary may allot to carry action was specifically recommended in through the management, conservation. the out this section $40,000,000 for each fiscal Galloway Report. preservation, creation, restoration, and im- year, to remain available until expended. Section 102 creates a Flood Management provement of natural and cultural resources SEC. 206. COST SHARE FOR RECREATION Program for the Upper Mississippi region and ecological systems. similar to the environmental management (b) REVISION OF PLANNING MANUALS.-The PROJECTS. program established in Section 1103 of the Secretary shall use the Principles and Guide- Section 103(c)(') of the Water Resources 1986 WRDA. The Galloway Report lines as revised pursuant to subsection (a) to Development Act of 1986 (33 U.S.C. 2213(c)(4)) rec- ommended that revise all planning manuals used by the Sec- is amended- the Corps coordinate with the States on retary for the operation and construction of (1) by striking "50" each place it appears a regional basis to plan for water resources projects as soon as prac- and inserting "75"; and flood mitigation. Section 103 creates a Flood Management ticable. but not later than 18 months after (2) by inserting before the semicolon at the Program for the Lower the date of enactment of this Act. end the following: ". and in determining* the Mississippi River sys- tem. It also requires the Corps of Engineers (c) PRINCIPLES AND GUIDELINES ADVISORY non-Federal share under this paragraph, the to devise a system COUNCIL.- Secretary shall include the fair market plan for flood manage- ment in the Lower Mississippi region, (1) ESTABLISHMENT.-The Secretary shall value of any land. easement, right-of-way, and re- quires that this establish an advisory council to be known as dredged material disposal area, or relocation be done as part of the Envi- ronmental Management Program. The Gallo- the "Principles and Guidelines Advisory provided by the non-Federal interest". way Report recommended that the Corps Council" (referred to in this subsection as SEC. 207. LOCAL COST-SHARE CREDIT FOR IN- conduct regional flood management and the "Council"), consisting of the Secretary, KIND CONTRIBUTIONS FOR ENVI- planning and the Secretary of the Interior, the Secretary RONMENTAL AND RECREATION consult with the States and en- of Agriculture, PROJECTS. courage them to plan as well. and 3 members of the public Section 104 creates a Missouri River Basin with expertise in water resources Section 203 of the Water Resources Devel- planning. Association for the purposes of achieving re- (2) opment Act of 1992 (33 U.S.C. 2325) is amend- DUTY.-The Council shall advise the gional planning and coordination for all the Secretary in ed by adding at the end the following carrying out subsections (a) and new competing uses and interests along the Mis- (b). subsection: souri River. It also creates a Flood Manage- (3) COMPENSATION.- "(c) LOCAL COST-SHARE CREDIT FOR IN-KIND ment Program for the Missouri River sys- CONTRIBUTIONS.- (A) IN GENERAL.-Subject to subparagraph tem. It requires the Corps of Engineers to de- "(1) (B), each of the 3 members of the public of IN GENERAL.-Subject to paragraphs (2) vise a system plan for flood management in and the Council shall be compensated at a rate (3), a non-Federal interest that carries the Missouri River region, and requires that equal to the daily equivalent of the annual out a project described in subsection (a) this be done as part of the Environmental rate of basic pay prescribed for level IV of may- Management Program. The Galloway Report the Executive Schedule under section 5315 of "(A) accept from any source contributions recommended that the Corps conduct re- title 5, United States Code, for each day, in- of funds, materials, services, and other items gional flood management and planning and cluding traveltime, during which the mem- of value, and in-kind contributions, for the consult with the States and encourage them ber is engaged in the actual performance of purpose of providing a portion of the non- to plan as well. Currently, no regional plan- the duties of the Council. Federal share of the cost of the project; and ning body exists for the Missouri River sys- (B) FEDERAL OFFICERS AND EMPLOYEES.-A "(B) provide a noncash contribution de- tem. This is not intended to impact the Mas- member of the Council who is an officer or scribed in subparagraph (A) for that purpose. ter Manual Review process currently ongo- employee of the Federal Government shall "(2) DETERMINATION OF VALUE.-A noncash ing in the Corps of Engineers Missouri River serve without additional compensation. contribution described in paragraph (1) may Division. (4) TRAVEL EXPENSES.-While away from be credited towards the non-Federal share of Section 105 directs the Secretary of the the home or regular place of business of the the cost of the project if the contribution Army to conduct, under his personal super- member in the performance of duties of the has a positive impact on the uses of the vision, four studies-(1) a survey of levies in Council, each member of the Council shall be project. The value of the contribution shall the Upper Mississippi region; (2) a allowed travel expenses, including per diem be determined in advance of the crediting of hydrological study of the Upper Mississippi in lieu of subsistence, at rates authorized for the contribution by the mutual agreement of River region to determine how the levies af- employees of agencies under subchapter I of the Army Corps of Engineers and the non- fect each other and river flows; (3) a study of chapter 57 of title 5, United States Code. Federal interest. If the Army Corps of Engi- how local drainage systems impact floods; (5) TERMINATION.-The Council shall termi- neers denies credit for a contribution, the de- and (4) a study of which areas are the most nate on the date that is 18 months after the nial may be appealed to the Secretary. floodprone in Mississippi and Missouri River date of enactment of this Act, unless the "(3) MINIMUM CASH CONTRIBUTION.-Subject regions. These studies were recommended in Council is temporarily extended by the Sec- to section 105(a)(1) of the Water Resources the Galloway Report. retary after consultation with the appro- Development Act of 1986 (33 U.S.C. 2215(a)(1)), Section 106 requires the Corps, using the priate committees of Congress. the non-Federal interest shall pay not less information gathered in the studies required SEC. 205. SMALL RECREATION AND ENVIRON- than 5 percent of the non-Federal share in by Section 105 and other information they MENTAL PROJECTS. cash.". have available, create comprehensive river (a) IN GENERAL.-In each fiscal year. the SEC. 208. REBUILDING RECREATIONAL FACILI- basin management plans that address the Secretary shall provide for the construction TIES AFTER RESERVOIR long term ecological, economic, and flood of small projects that- DIIAWDOWNS. control needs of each of the Upper Mis- (1) are for recreation and environmental If a recreational facility at a water re- sissippi. Lower Mississippi, and Missouri restoration and related purposes; sources project carried out or assisted by the river basins. August 24, 1994 CONGRESSIONAL RECORD-SENATE 23983 Section 107 prohibits the Corps of Engi- neers. The local cost share for these projects One of the main purposes of the bill neers from counting the economic benefit of will be 50/50. But for projects of critical na- is to make the Library fully responsive future development in the 100 year floodplain tional interest, the Federal share of the cost to the recommendations of the General in order to justify building further flood con- will be 75%. $15 million is authorized for this Accounting Office which found signifi- trol projects. The Galloway Report rec- purpose, and the Secretary of the Army is di- ommends that Government incentives for ad- rected to seek funds for these projects from cant problems in the Library's finan- ditional development in the floodplain be other agencies. cial management and accounting pro- eliminated. Section 204 requires that the Secretary of cedures, during the course of a 1991 Section 108 authorizes the Corps of Engi- the Army to revise the "Principles and audit conducted at the request of the neers to use its levee repair funds for build- Guidelines" to establish environmental and Librarian. ing non-structural measures to replace economic benefits as co-equal objectives for Title I establishes a Library of Con- structural ones after a flood, and requires water resources projects considered by the gress Revolving Fund which will serv- that 15% of the monies the Corps spends on Corps of Engineers. It also creates an advi- ice the various Library programs that flood control (excluding specific flood con- sory council to advise the Secretary on this trol projects) each year be used to construct subject. are currently supported by fee service and implement non-structural measures. If Section 205 gives the Secretary authority gift funds and the reimbursable pro- the Corps of Engineers cannot meet the 15% to construct small recreation projects with- grams operated by the Federal Re- amount, then the Secretary can apply to the out specific authorization from Congress. It search Division and the Federal Li- Water Resources Council for a waiver. The permits the Corps to use up to S40 million of brary and Information Center Commit- Galloway Report recommends that the Corps appropriated but unobligated general con- tee [FLICC] under the authority of the of Engineers increasingly use non-structural struction funds to build these projects. This Economy Act. The GAO audit found measures to prevent flood losses. mirrors a similar authority for the Corps to Section 109 sets the criteria for eligibility construct small flood control projects. that the Library lacked sufficient stat- for the Corps of Engineers' levee repair pro- Section 206 changes the local cost share re- utory authority for its revolving fund gram. Among these criteria are that local quirement for recreation and environmental activity, and this title corrects that sponsors pay for 25% of the cost of the re- projects from 50% to 25%. problem. pair, that the land and improvements pro- Section 207 permits non-federal sponsors of Title II updates and clarifies the lan- tected by the levee be covered by insurance. projects to count in-kind contributions, such guage of 2 United States Code 150, writ- and that the local sponsor maintain the as labor and materials, toward the local cost ten 1902, which focused on the distribu- levee up to Corps standards. In order to as- share requirement for a project. Currently, sist local governments wanting to partici- the Corps can accept in-kind contributions, tion of surplus catalog cards as the pri- pate in the program, in-kind contributions but they cannot count as the local contribu- mary means of selling cataloging data. will be permitted to count toward the non- tion to a project. Non-federal sponsors must Today, the principal cataloging prod- federal share, and the Corps is required to nevertheless must pay 5% of the cost in cash. ucts sold by the Library are electronic develop an "Owner's Manual" to give guid- Section 208 gives the Secretary authority tapes and discs, although conventional ance to local governments on proper mainte- to rebuild recreation facilities that are made catalog cards can be obtained by librar- nance and operation of levees. The Galloway due to reservoir drawdowns unserviceable ies which have not converted to elec- Report specifically recommends these cri- and releases made for any purpose. The Sec- teria for the levee repair program. retary must seek monies from other agen- tronic cataloging. The Library of Con- Section 110 directs the Secretary to create cies, such as the Fish and Wildlife Service, to gress develops these products to cata- a Missouri River Floodway by purchasing help defray some of these costs." log and access its own collections, and land from willing sellers to create wetlands once having done so, shares them at and rebuild riparian habitat on the Missouri By Mr. PELL (for himself, Mr. little cost with other libraries across rath- so that water will be held where it falls MOYNIHAN, Mr. STEVENS, and er than being flushed downstream and into the country. This title would authorize the Mississippi. thereby exacerbating flood- Mr. HATFIELD): the Library to recover costs of distrib- ing. $8 million dollars is authorized annually S. 2419. A bill entitled the "Library uting these products, and in doing so for 10 years for this purpose, and 20% of the of Congress Financial Reform Act of the Library estimates that it can lever- cost must be paid by non-Federal interests. 1994"; to the Committee on Rules and age the $3.3 million which is appro- The Galloway Report supports the practice Administration. priated for development of the products of wetlands creation in order to minimize LIBRARY OF CONGRESS FINANCIAL REFORM ACT into revenues of $7.5 million. This title flooding. * Mr. PELL. Mr. President, I rise Section 111 authorizes the Corps of Engi- also allows excess receipts from 1 neers to spend up to $25 million to buy out today in my capacity as the vice chair- year's sales to remain available in suc- willing sellers in flood prone areas in any re- man of the Joint Committee on the Li- ceeding years to assure a more stable gion of the country. The Galloway Report brary of Congress to introduce the Li- financial base for operation. The recommended more money for buyouts from brary of Congress Financial Reform amount of receipts available to the Li- willing sellers. Act of 1994. Joining me as cosponsors brary in each fiscal year will continue Section 112 requires that the Secretary, in are fellow Senate members of the Joint to be controlled through the annual ap- planning, designing, and constructing flood Committee, Senator MGYNIHAN, Sen- propriations process. control projects, shall work with States to adopt a watershed approach in reducing flood ator STEVENS, and Senator HATFIELD. Title III is a revised version of an- losses. The Galloway Report recommends This legislation, which we introduce at other bill I introduced in this Congress, that States get involved in watershed flood the request of the Librarian of Con- S. 1665, the Retention of Proceeds Act. planning. gress, primarily assists the Library to It allows the Library to retain, for its TITLE II-ENVIRONMENTAL PROTECTION AND continue to make needed improve- own use, income received from two RECREATION ments in its financial management and sources: First, sales of surplus mate- Section 201 states that environmental pro- administration. rials, and second, restitution for lost, tection and recreation are missions of the This bill replaces and fundamentally stolen, or destroyed material from the Corps of Engineers that are as important as revises S. 345, the Library of Congress collections. The title also allows the such other missions that the Corps performs, Fund Act, which I introduced also at Library to sell surplus materials under as navigation and flood control. in the first Section 202 requires that the Secretary of the request of the Librarian very limited circumstances. the Army identify every year' five project session of the 103d Congress. Certain Title IV amends the Library's Trust modifications which are environmental res- aspects of that bill proved to be con- Fund Board Act to permit the Librar- toration projects in river systems impacted troversial, most notably the authority ian, with the Trust Fund Board's by the construction and operation of water to establish electronic access to the knowledge and approval, to invest gift resources and navigation projects (Section content of the collections as a priced funds in the same manner as the Board 1135 projects), and report to Congress on service. This new bill does not ask for now invests. The bill raises the cap on in- those projects. In addition, it permits such authority. The Library has the amount of funds that the Board kind contributions to count toward the local the various library may invest from S10 million to $30 mil- cost share of environmental restoration worked closely with projects. and information communities to assure lion. Section 203 makes restoration of aquatic that this legislation meets their con- Title V amends the law that termi- ecosystems a mission of the Corps of Engi- cerns. nated the Copyright Royalty Tribunal 7!1-1) 0-07 yol.1.10 (Ir. 17) 26 23984 CONGRESSIONAL RECORD-SENATE August 24, 1994 and transferred those functions to the This act would also establish a Guam individuals for death, injury, and prop- Copyright Arbitration Royalty Panels restitution trust fund to provide res- erty damage in excess of $5,000, and $3.8 administered by the Copyright Office titution to the heirs of those individ- million to 3,113 recipients for property and the Library of Congress. The pro- uals who sustained injuries during the damage below $5,000. posed changes are technical in nature war but died after the war. Eligible On June 3, 1947, former Secretary of and are intended to correct oversights heirs would receive restitution in the the Interior Harold Ickes testified be- in the law. form of postsecondary scholarships, fore the House Committee on Public Mr. President, I am advised that the first-time home ownership loans, and Lands relative to the Organic Act, and Librarian of Congress and his staff grants for other suitable purposes. In strongly criticized the Department of have done a systematic job of purifying addition, the trust fund could provide the Navy for their inefficient and even previous financial reform legislation research and public educational activi- brutal handling of the rehabilitation which had become mired in con- ties to honor and memorialize the war- and compensation and war damage troversy. The bill we are offering today time events of Guam. tasks. Secretary Ickes termed the pro- meets the basic requirements for new The United States Congress pre- cedures as shameful results. authority which the Library needs, viously recognized its moral obligation In addition, a committee known as while avoiding the problems which to the people of Guam and provided the Hopkins Committee, was estab- plagued the prior efforts. It deserves reparations relief by enacting the lished by former Secretary of the Navy prompt consideration.o Guam Meritorious Claims Act on No- James Forrestal in 1947 to assess the vember 15, 1945 (Public Law 79-224). Un- Navy's administration of Guam and By Mr. INOUYE: S. 2420. A bill to amend the Organic fortunately, the Claims Act was seri- American Samoa. An analysis of the Act of Guam to provide for restitution ously limited and flawed and did not Navy's administration of the repara- adequately tion to the people of Guam who suffered compensate Guam after and rehabilitation programs was atrocities such as personal World War II. provided to Secretary Forrestal in a injury, The Claims Act primarily covered forced labor, forced marches, intern- March 25, 1947 letter from the Hopkins ment, and death during the occupation compensation for property damage and Committee. The letter indicated that limited of Guam during World War II, and for compensation for death or per- the Department's confusing policy de- sonal injury. Claims other purposes; to the Committee on for forced labor, cisions greatly contributed to the pro- the Judiciary. forced march, and internment were grams' deficiencies and called upon the never compensated because the Claims GUAM WAR RESTITUTION ACT Congress to pass legislation to correct Act excluded these from awardable in- * Mr. INOUYE. Mr. President, its mistakes and provide reparations to July 21, juries. 1994 marked the 50th anniversary of the The enactment of the Claims the people of Guam. Act was intended to make liberation of Guam from Japanese oc- Guam whole. In 1948, the U.S. Congress enacted the The cupation in 1944. As part of Japan's as- Claims Act, however, failed to War Claims Act of 1948-Public Law 80- sault against the Pacific, Guam was specify postwar values as a basis for 896-which provided reparation relief to bombed and invaded by Japanese forces computing awards, and settled on pre- American prisoners of war, internees, within 3 days of the infamous attack war values which did not reflect the religious organizations and employees on Pearl Harbor. At that time, Guam true postwar replacement costs. Also, of defense contractors. The residents of was administered by the United States all property damage claims in excess of Guam were deemed ineligible to re- Navy under the authority of a Presi- $5,000, as well as all death and injury ceive reparation under this act because dential Executive Order. It was also claims required congressional review they were American nationals and not populated by then American nationals. and approval. This action caused many American citizens. In 1950, the United For the first time since the War of 1912, eligible claimants to settle for less in States Congress enacted the Guam Or- a foreign power invaded U.S. soil. For order to receive timely compensation. ganic Act (81-630), granting Guama- nearly 3 years, the people of Guam en- The Claims Act also imposed a 1-year nians-American citizenship and a dured wartime atrocities and suffering. time limit to file claims, which was in- measure of self-government. In 1952, when the United States sufficient as massive disruptions still The Congress, in 1962, amended the signed a peace treaty with Japan, for- existed following Guam's liberation. In War Claims Act to provide for claim- mally ending World War II, it waived addition, English was then a second ants who were nationals at the time of the rights of American nationals, in- language to a great many Guamanians. the war and who became citizens. cluding those of Guamanians, to While a large number spoke English, Again, the residents of Guam were spe- present claims against Japan. As a re- less could read it. This is particularly cifically excluded. The Congress be- sult of this action, American nationals important especially since the Land lieved that the residents of Guam were were forced to seek relief form the Con- and War Claims Commission required provided for under the Guam Meritori- gress of the Untied States. written statements and often commu- ous Claims Act. At that time, there Today, I introduce the Guam War nicated with claimants in writing. was no one to defend Guam, as they Restitution Act, which would amend The reparations program was also in- had no representation in Congress. The the Organic Act of Guam and provide adequate because it became secondary Congress also enacted the Micronesian restitution to those who suffered atroc- to overall reconstruction and the build- Claims Act for the Trust Territory of ities during the occupation of Guam in ing of permanent military bases. In the Pacific Islands, but again excluded World War II. An identical bill, H.R. this regard, the Congress enacted the Guam in the settlement. 4741, was introduced in the House of Guam Land Transfer Act and the Guam In 1988, the Guam War Reparation Representatives by Representative Rehabilitation Act (Public Laws 79-225 Commission documented 3,365 unre- ROBERT UNDERWOOD. and 79-583) as a means of rehabilitating solved claims. There are potentially The Guam War Restitution Act Guam. The Guam Land Transfer Act 5,000 additional unresolved claims. In would establish a Guam restitution provided the means of exchanging ex- 1946, the United States provided over claims fund which would provide spe- cess Federal land for resettlement pur- $390 million in reparations to the Phil- cific damage awards to those individ- poses, and the Guam Rehabilitation ippines, and over $10 million to the Mi- uals who are survivors of the war, and Act appropriated $6 million to con- cronesian Islands in 1971 for atrocities to the heirs of those who died during struct permanent facilities for the civil inflicted by Japan. In addition, the the war. The specific damage awards populace of the island for their eco- United States provided over $2 billion would be as follows: First, $20,000 for nomic rehabilitation. in postwar aid to Japan from 1946 to the category of death; second, $7,000 for Approximately $8.1 million was paid 1951. Further, the United States Gov- the category of personal injury; and to 4,356 recipients under the Guam ernment liquidated over $84 million in third, $5,000 for the categories of forced Meritorious Claims Act. Of this Japanese assets in the United States labor, forced march, or internment. amount, $4.3 million was paid to 1,243 during the war for the express purpose August 24, 1994 CONGRESSIONAL RECORD-SENATE 23985 of compensating claims of its citizens "(4) CLAIMS FUND.-The term 'Claims Fund' "(C) The claimant, at the time of submis- and nationals, the United States did means the Guam Restitution Claims Fund sion of the claim- not invoke its authority to seize more established under subsection (f)(1). "(i) furnishes proof of the compensable in- "(5) COMPENSABLE INJURY.-The term 'com- jury: or assets from Japan under article 14 of pensable injury' means one of the following "(ii) produces affidavits by two witnesses the Treaty of Peace, as other Allied three categories of injury incurred during, or to the compensable injury. Powers had done. The United States, as a result of. World War II: "(D) The claimant files a claim under this however, did close the door on the "(A) Death. section by not later than 1 year after the claims of the people of Guam. "(B) Personal injury. date of enactment of this section. The issue of reparations for Guam is "(C) Forced labor, forced march, or intern- "(2) ELIGIBILITY FOR BENEFITS.-To be eligi- not a new one for the people of Guam ment. ble for a benefit under this section, the "(6) and for the United States Congress. It ELIGIBLE CLAIMANT.-The term 'eligi- claimant shall meet the following criteria: ble claimant' means an individual who meets "(A) The claimant is a living Guamanian has been consistently raised by the the requirements of paragraph (1) or (2) of who is an heir or next of kin of the decedent Guamanian Government through local subsection (d). Guamanian who personally received the enactments of legislative bills and res- "(7) GUAMANIAN.-The term 'Guamanian' compensable injury and who died after Sep- olutions, and discussed with congres- means any individual who- tember 2. 1945. sional leaders over the years. "(A) resided in Guam during the period be- "(B) The claimant files a claim with the The Guam War Restitution Act can- ginning December 8, 1941. and ending Sep- Secretary or the Board for a compensable in- not fully compensate or erase the tember 2. 1945: and jury that meets the requirements of sub- "(B) was a United States citizen or United section (c)(2). atrocities inflicted upon Guam and its States national during the period specified "(C) The claimant, at the time of submis- people during the occupation by the in subparagraph (A). sion of the claim- Japanese military. However, passage of "(8) SECRETARY.-The term 'Secretary' "(i) furnishes proof of the compensable in- this act would recognize our Govern- means the Secretary of the Interior. jury; or ment's moral obligation to Guam, and "(9) TRUST FUND.-The term 'Trust Fund' "(ii) produces affidavits by two witnesses bring justice to the people of Guam for means the Guam Restitution Trust Fund es- to the compensable injury. the atrocities and suffering they en- tablished under subsection (g)(l). "(D)(i) Except as provided in clause (ii). "(c) GENERAL AUTHORITY OF SECRETARY dured during World War II. I urge my the claimant files a claim under this section AND BOARD: REQUIREMENTS.- not later than 1 year after the date of enact- colleagues to support this measure. "(1)IN GENERAL.-The Secretary may re- ment of this section. Mr. President, I ask unanimous con- ceive, examine, and render final decisions "(ii) Any individual who proves con- sent that the text of bill be inserted in concerning claims for awards submitted pur- sanguinity with a claimant and who meets the RECORD. suant to subsection (d)(1) and claims for ben- the criteria specified in subparagraphs (A) There being no objection, the bill was efits submitted pursuant to subsection (d)(2) through (C) may become eligible for a pro- ordered to be printed in the RECORD, as in accordance with this section. The Sec- rated share of benefits accruing to such follows: retary may certify and disburse payments claim by filing, in accordance with such pro- from funds made available to the Secretary cedures as the Board may prescribe, a claim S. 2120 from the Claims Fund, and the Board may with the Board for such prorated share. Be it enacted by the Senate and House of Rep- certify and disburse payments from funds "(3) LIMITATION ON ELIGIBILITY FOR AWARDS resentatives of the United States of America in made available to the Board from the Trust AND BENEFITS.-A claimant for an award or a Congress assembled. Fund. in accordance with this section. benefit under this section may only be eligi- SECTION 1. SHORT TITLE. "(2) REQUIRED INFORMATION FOR INCLUSION ble for an award arising out of one category This Act may be cited as the "Guam War IN CLAIMS FOR AWARDS AND BENEFITS.-A of compensable injuries specified in subpara- Restitution Act". claim for an award or benefit under this sec- graph (A). (B). or (C) of subsection (b)(5). SEC. 2. AMENDMENT TO THE ORGANIC ACT OF tion shall be made under an oath adminis- "(e) PAYMENTS.- GUAM. tered by an appropriate official (as deter- "(1) CERTIFICATION.-The Secretary shall The Organic Act of Guam (48 U.S.C. 1421 et mined by the Secretary). Such claim shall certify each award for which a payment is seq.) is amended by adding at the end the fol- include the following information: made under this section. The Board shall lowing new section: "(A) The name and age of the claimant. certify each benefit for which a payment is "SEC. 36. RECOGNITION OF DEMONSTRATED LOY- "(B) The village in which the claimant re- made under this section. ALTY OF THE PEOPLE OF GUAM TO sided at the time the compensable injury oc- "(2) AWARDS.-Except as provided in para- THE UNITED STATES, AND THE SUF- curred. graph (7). upon the certification of an award FERING AND DEPRIVATION ARISING "(C) The approximate date on which com- under paragraph (1). the Secretary shall pay THEREFROM, DURING WORLD WAR pensable injury was incurred. an award from funds made available to the II. "(D) A brief description of the compensable Secretary from the Claims Fund in the appli- "(a) APPLICATION OF SECTION.-This section injury that is the subject of the claim. cable amount specified in subparagraph (A). applies to any Guamanian who would other- "(E) The circumstances that resulted in (B). or (C) of paragraph (3) to the eligible wise be eligible to file a claim under the first the compensable injury. claimant who submitted the claim for the section of the Act of November 15, 1915 (59 "(F) In the case of an award based on death award pursuant to subsection (d)(1). Stat. 582, chapter 483), but failed to meet the as the compensable injury, or the case of a "(3) AWARD AMOUNTS.-The awards paid 1-year time limitation for filing of death or claim for a benefit, proof of the relationship under this subsection shall be in the follow- personal injury claims specified in the first of the claimant to the deceased. ing amounts: section of such Act, or who suffered other "(3) TIME IIMITATION FOR REVIEWING AND "(A) $20,000 for a death. compensable injuries if such Guamanian. an CERTIFYING CIAIMS.-Upon receipt of a claim "(B) 37.000 for a personal injury. heir to such Guamanian, or next of kin of submitted pursuant to this subsection, the "(C) $5,000 for forced labor. forced march. such Guamanian, meets the criteria for eligi- Secretary shall examine the claim to deter- or internment. bility and other criteria set forth in this sec- mine if the claim conforms with the require- "(4) BENEFITS.-Except as provided in sub- tion and otherwise meets the requirements ments of paragraph (2), and certify the claim section (d)(2)(D) and paragraph (7). upon the for filing a claim under this section, includ- if such claim conforms with such require- certification of a benefit under paragraph (1). ing meeting an applicable deadline for filing ments. as expeditiously as practicable. but the Board shall pay to the eligible claimant the claim. not later than 18 months after the date of en- who submitted a claim to receive a benefit "(b) DEFINITIONS.-For the purposes of this actment of this section. under subsection (d)(2) a payment from funds section: "(d) ELIGIBIIITY.- made available to the Board from the Trust "(1) AWARD.-The term 'award' means the "(1)ELIGIBILITY FOR AWARDS.-To be eligi- Fund in an amount equal to the full amount amount of compensation payable for a claim ble for an award under this section, the of the benefit in the applicable amount spec- made by an eligible claimant pursuant to claimant shall meet the following criteria: ified in subparagraph (A) or (B) of paragraph subsection (d)(1). "(A) The claimant is a living Guamanian (5). "(2) BENEFIT.-The term 'benefit' means who personally received the compensable in- "(5) BENEFIT AMOUNTS.-The benefits paid the amount of compensation payable for a jury, except that in a claim for death, a under this subsection shall be in the follow- claim made by an eligible claimant pursuant claimant may be the heir or next of kin of ing amounts: to subsection (d)(2). the decedent Guamanian. "(A) $7.000 for the category of personal in- "(3) BOARD.-The term 'Board' means the "(B) The claimant files a claim with the jury. Guam Restitution Trust Fund Board of Di- Secretary for a compensable injury that "(B) $5.000 for the category of forced labor, rectors established under subsection (h). meets the requirements of subsection (c)(2). forced march, or internment. 23986 CONGRESSIONAL RECORD-SENATE August 24, 1994 "(6) REFUSAL TO ACCEPT PAYMENT.-If a "(ii) the causes and circumstances of this "(6) GIFTS AND DONATIONS.-The Board may claimant refuses to accept a payment under and similar events may be illuminated and accept, use, and dispose of gifts or donations this section, no payment may be made under understood. of services or property for purposes author- this section to such claimant after the date "(B) To disburse available funds as benefits ized under paragraph (2). on which the claimant refuses the payment, to eligible claimants through a revolving "(7) ANNUAL REPORT.-Not later than 1 and the amount of the claim shall not be fund for such purposes as postsecondary year after the initial meeting of the Board withdrawn from the Claim Fund or the Trust scholarships, first-time home ownership and annually thereafter, the Board shall Fund. loans, and any other purpose that the Board transmit to the President and to Congress a "(7) PRORATED PAYMENTS RELATED TO may determine to be suitable. report describing the activities of the Board. CLAIMS FOR THE SAME DEATH.-Payment of "(C) To cover the cost of reasonable admin- "(i) NOTICE.- the award or benefit relating to death shall istrative expenses of the Board, including ex- "(1) IN GENERAL.-Not later than 90 days be prorated among the heirs or next of kin penses incurred under paragraphs (3)(C), (4), after the date of enactment of this section, who are claimants for the same death, as and (5). the Secretary shall give public notice in the provided in the probate laws of the territory "(3) MEMBERSHIP.-(A) The Board shall be territory of Guam and such other places as of Guam. appointed by the Secretary from nomina- the Secretary considers appropriate concern- "(8) ORDER OF PAYMENTS.-The Secretary tions submitted by the Governor of Guam. ing the period during which claims may be shall, to the extent practicable, make pay- The Board shall be composed of nine melm- filed under this section. The Secretary shall ments under this section to eligible claim- bers who are not officers or employees of the ensure that the provisions of this section are ants in descending order on the basis of the Federal Government. widely published in the territory of Guam age of the claimants. "(B)(i) Except as provided in subpara- and such other locations as the Secretary "(f)GUAM RESTITUTION CLAIMS FUND.- graphs (B) and (C), members of the Board considers appropriate. "(1) ESTABLISHMENT.-There is established shall be appointed to serve for a term of 3 "(2) NOTICE AND ASSISTANCE.-To the maxi- in the Treasury of the United States the years. mum extent practicable, the Secretary shall Guam Restitution Claims Fund. The Claims "(ii) Of the members initially appointed to provide prompt notification to all individ- Fund shall consist of such amounts as are the Board- uals who may become eligible to make a deposited in the Fund pursuant to appropria- "'(I) five members shall be appointed to claim for an award or benefit under this sec- tion and to tions authorized under subsection (m). The serve for a term of 3 years, and assist such individuals in the Secretary of the Treasury, with the concur- "(II) four members shall be appointed to preparation and filing of claims made under rence of the Secretary of the Interior, shall serve for a term of 2 years. this section. administer the Claims Fund. Amounts in the "(j) REPORTS.- as designated by the Secretary at the time of "(1) NECESSARY COMPENSATION.-Not later Claims Fund shall only be available to the appointment. Secretary of the Interior for disbursement than 18 months after the date of enactment "(iii)(I) Any member of the Board ap- pursuant to this section. of this section, the Secretary shall submit a pointed to fill a vacancy occurring before the "(2) UNOBLIGATED FUNDS.-If the Secretary report to Congress and the Governor of expiration of the term for which a member of the Interior determines that all eligible Guam that contains a recommendation con- claimants have been paid under this section, was originally appointed shall be appointed cerning the amount of compensation nec- to serve for the remainder of such term. the Secretary of the Treasury shall transfer essary to fully carry out this section. The re- "(II) any unobligated funds remaining in the A member may serve after the expira- port shall include- Claims Fund to the Trust Fund on the date tion of the term of such member until such "(A) a list of all claims, categorized by that is 60 days after the Secretary of the In- time as a successor takes office. compensable injury, which were approved terior submits to Congress the final report "(III) No member may serve for more than under this section; and required under subsection (j)(3). two consecutive terms. "(B) a list of all claims, categorized by "(3) ADMINISTRATIVE COSTS.-No adminis- "(C) Each member of the Board shall serve compensable injury, which were denied under trative cost incurred by the Secretary in car- without pay, except that each member of the this section, and a brief explanation for the rying out this section shall be paid from the Board shall be entitled to receive reimburse- reason for the denials. Claims Fund or set off against, or otherwise ment for travel, subsistence, and other nec- "(2) ANNUAL REPOR'r.-Not later than Janu- deducted from, any payment made under this essary expenses incurred by the member in ary 15 of the first full fiscal year ending after section to any eligible claimant. carrying out the functions of the Board, in submittal of the report provided in para- "(g) GUAM RESTITUTION TRUST FUND.- the same manner as a person employed inter- graph (1). and annually thereafter, the Sec- "(1) ESTABLISHMENT.-There is established mittently in the United States Government retary shall submit a report to Congress that in the Treasury of the United States the is allowed expenses under section 5703 of title contains the following: Guam Restitution Trust Fund. The Trust 5, United States Code. "(A) The activities conducted by the Sec- Fund shall consist of such amounts as are "(D) Five members of the Board shall con- retary under this section. deposited in the Fund pursuant to appropria- stitute a quorum, but a lesser number may "(B) The status of the Claims Fund and tions authorized under subsection (m) and hold hearings. Trust Fund. any interest earned on investment of "(E) A Chairperson of the Board shall be "(C) Any request for an appropriation that amounts in the Trust Fund under paragraph elected from among the members of the the Secretary determines to be necessary in (2). The Trust Fund shall be administered by Board. order to make disbursement from the Claims the Secretary of the Treasury. "(4) STAFF.-(A) The Board shall appoint a Fund and Trust Fund. "(2) INVESTMENTS.-The Secretary of the Director. "(3) FINAL AWARD REPORT.-At such time as Treasury shall invest amounts in the Trust "(B) The Board may appoint and fix the the Secretary determines that all awards Fund in accordance with section 9702 of title pay of such additional staff as the Board have been paid to eligible claimants, the 31, United States Code. may require. Secretary shall submit a report to Congress "(3) USES.-Amounts in the Trust Fund "(C) The Director and the additional staff and to the Governor of Guam certifying- shall be available only for disbursement by of the Board- "(A) the total amount of compensation the Board in accordance with subsection (h). "(i) may be appointed- paid as awards under this section. by cat- "(h)GUAM RESTITUTION TRUST FUND BOARD "(I) without regard to section 5311(b) of egory of compensable injury; and OF DIRECTORS.- title 5, United States Code; and "(B) the final status of the Claims Fund "(1) ESTABLISHMENT.-There is established "(II) without regard to the provisions of and the amount of any unobligated funds re- the Guam Restitution Trust Fund Board of such title governing appointments in the maining in the Claims Fund to be trans- Directors. The Board shall be responsible for competitive service; and ferred to the Trust Fund pursuant to sub- making disbursements from funds made "(ii) may be paid without regard to the section (f)(2). available by the Secretary of the Treasury to provisions of chapter 51 and subchapter III of "(k) LIMITATION.- the Board from the Trust Fund in the man- chapter 53 of title 5, United States Code, re- "(1) LIMITATION ON REMUNERATION FOR ner provided in this subsection. lating to classification and General Schedule SERVICES.-Notwithstanding any other provi- "(2) USES.-The Board may make disburse- pay rates, except that the compensation of sion of law- ments from funds made available to the any employee of the Board may not exceed a "(A) any remuneration provided to any Board from the Trust Fund only for the fol- rate equivalent to the minimum rate of basic person on account of services rendered on be- lowing purposes: pay payable for GS-15 of the General Sched- half of any eligible claimant, or any associa- "(A) To sponsor research and public edu- ule under section 5332(a) of such title. tion of eligible claimants, in connection with cational activities in such manner as to en- "(5) ADMINISTRATIVE SUPPORT SERVICES.- any claim made under this section may not sure that- The Administrator of General Services shall exceed 5 percent of the amount of the claim; "(i) the events surrounding the wartime provide to the Board on a reimbursable basis and experiences and losses of the Guamanian such administrative support services as the "(B) any agreement between any person people will be remembered; and Board may request. and an eligible claimant or an association of August 24, 1994 CONGRESSIONAL RECORD-SENATE 23987 eligible claimants to provide remuneration the Virginia statute for religious free- the United States and the Federal in an amount that exceeds the amount speci- dom. I ask unanimous consent that Trade Commission to provide, in ac- fied in this paragraph shall be unlawful and this letter be printed in the RECORD. cordance with antitrust mutual assist- void. Any agreement to the contrary shall be unlawful and void. There being no objection, the letter ance agreements, antitrust evidence to "(2) Whoever, in the United States or else- was ordered to be printed in the foreign antitrust authorities on a re- where in an area under the jurisdiction of RECORD, as follows: ciprocal basis; and for other purposes. the Federal Government, demands or re- SCHOOL OF LAW, S. 2317 ceives, on account of services so rendered. UNIVERSITY OF VIRGINIA, any remuneration in excess of the maximum Charlottesville, VA, December 20, 1991. At the request of Mr. SASSER, the permitted by this section, shall be guilty of Ms. CAROL NEGUS, name of the Senator from Minnesota a misdemeanor and upon conviction, shall be President, Council for America's First Freedom, [Mr. DURENBERGER] was added as a co- fined in accordance with title 18, United Richmond, VA. sponsor of S. 2347, a bill to require the States Code, or imprisoned not more than 12 DEAR MS. NEGUS: The Virginia Statute for Secretary of the Treasury to mint months, or both. Religious Freedom is a document whose his- coins in commemoration of the 150th "(1) DISCLAIMER.-Nothing contained in torical significance transcends the place and anniversary of the founding of the this section shall constitute an obligation of time which gave its birth. the United States to pay any claim arising One who delves into the circumstances sur- Smithsonian Institution. out of war. The compensation provided in rounding the Statute's drafting and enact- S. 2378 this section is ex gratia in nature intended ment will better understand the origins and At the request of solely as a means of recognizing the dem- meaning of religious freedom in America. In Mr. HELMS, his onstrated loyalty of the people of Guam to 1776. the Virginia Statute was enacted, a name was added as a cosponsor of S. the United States, and the suffering and dep- more complete statement of religious liberty 2378, a bill to prohibit United States as- rivation arising therefrom, during World War and thereby come into being. sistance to countries that prohibit or II. This history of the Virginia Statute is restrict the transport or delivery of "(m) AUTHORIZATION OF APPROPRIATIONS.- intertwined with that of the First Amend- United States humanitarian assist- There are authorized to be appropriated such ment to the United States Constitution. The ance. sums as may be necessary to carry out this Supreme Court of the United States. in in- section. Amounts appropriated pursuant to terpreting the First Amendment, has often s. 2391 this section are authorized to remain avail- made reference to the Virginia Statute. That At the request of Mr. SIMON, the able until expended.".. enactment remains a seminal document for name of the Senator from Oregon [Mr. any inquiry into the application of the First HATFIELD] was added as a cosponsor of By Mr. WARNER (for himself and Amendment's religion clauses even two cen- Mr. ROBB): turies later. S. 2391, a bill to repeal the prohibitions S.J. Res. 218. A joint resolution des- The Statute's significance is not confined against political recommendations re- ignating January 16, 1995, as "Religious to concerns about church and state or reli- lating to Federal employment, and for Freedom Day"; to the Committee on gion in the conventional sense. I can think of other purposes. the Judiciary. no document which more eloquently states SENATE JOINT RESOLUTION 158 RELIGIOUS FREEDOM DAY Thomas Jefferson's concern for liberating the human mind from any manner of bond- At the request of Mr. WOFFORD, the * Mr. WARNER, Mr. President, I intro- age. A splendid emanation of enlightenment names of the Senator from Minnesota duce along with Senator ROBB a joint thinking at his best, the Statute proclaims [Mr. WELLSTONE] and the Senator from resolution which would designate Jan- that at the heart of our conception of free- Louisiana [Mr. BREAUX] were added as uary 16, 1995, as "Religious Freedom dom lies freedom to believe what one will. cosponsors of Senate Joint Resolution Day." In an age when many countries are putting 158, a joint resolution to designate both The birth of this joint resolution a totalitarian past behind them and are lay- goes back to January 16, 1786-the day ing the foundations for constitutional de- the month of August 1994 and the month of August 1995 as "National Slo- the Virginia General Assembly adopted mocracy. the Virginia Statute points the vak American Heritage Month." "An Act Establishing Religious Free- way to aspirations which, if acted upon, would help mute the passions of national and dom for Virginia" written by Thomas SENATE JOINT RESOLUTION 169 ethnic rivalry. In my own work in Central Jefferson. This statute was the first to and Eastern Europe. I have used the Statute At the request of Mr. WARNER, the institute the separation of church and as an example of an approach to religious names of the Senator from Vermont state and to secure for all citizens the freedom that would be worthy of emulation [Mr. JEFFORDS], the Senator from freedom of worship. The Virginia stat- by constitutional draftsmen in the fledgling Texas [Mrs. HUTCHISON], the Senator ute for religious freedom inspired the democracies. from Alaska [Mr. MURKOWSKI], the Sen- first amendment and is regarded by The Virginia Statute is a document for the ator from Minnesota [Mr. DUREN- scholars, lawyers and religious leaders ages. I applaud the plans to commemorate its meaning and to undertake public edu- BERGER], the Senator from Michigan as one of the most influential docu- cation in its teachings. [Mr. LEVIN], the Senator from Okla- ments ever created. Sincerely. homa [Mr. BOREN], the Senator from On January 16, 1992, the Virginia A.E. DICK HOWARD.e Michigan [Mr. RIEGLE], the Senator General Assembly passed a resolution from Indiana [Mr. COATS], and the Sen- commemorating the Virginia statute ator from Minnesota [Mr. WELLSTONE] for religious freedom as the precursor ADDITIONAL COSPONSORS were added as cosponsors of Senate for the Bill of Rights. A proclamation S. 2287 Joint Resolution 169, a joint resolution was then signed by Governor Wilder to designate July 27 of each year as and Virginia became the first State to At the request of Mr. HATCH, the names of the Senator from Mississippi "National Korean War Veterans Armi- establish a day for the appreciation of stice Day." [Mr. COCHRAN] and the Senator from religious freedom. The purpose of this joint resolution Nebraska [Mr. EXON] were added as co- SENATE JOINT RESOLUTION 208 is to extend to all the States this op- sponsors of S. 2287, a bill to amend the At the request of Mr. WOFFORD, the portunity to commemorate our reli- Internal Revenue Code of 1986 to sim- names of the Senator from Kansas gious freedoms. Therefore, I invite my plify the assessment and collection of [Mrs. KASSEBAUM], the Senator from colleagues to join Senator ROBB and the excise tax on arrows. Louisiana [Mr. BREAUX], and the Sen- myself in designating January 16, 1995, S. 2297 ator from Louisiana [Mr. JOHNSTON] as "Religious Freedom Day." At the request of Mr. METZENBAUM, were added as cosponsors of Senate I will close my remarks by submit- the name of the Senator from Utah Joint Resolution 208, a joint resolution ting a letter written by A.E. Dick How- [Mr. HATCH] was added as a cosponsor designating the week of November 6, ard, a professor at the University of of S. 2297, a bill to facilitate obtaining 1994, through November 12, 1994, "Na- Virginia School of Law, who so elo- foreign-located antitrust evidence by tional Health Information Manage- quently addresses the significance of authorizing the Attorney General of ment Week." 23988 CONGRESSIONAL RECORD-SENATE August 24, 1994 AUTHORITY FOR COMMITTEES TO Washington Times observes, the num- at a time when he had an immediate need for MEET ber would be closer to 1,600. The Bu- cash, he was slickered into taking the risk of being caught with someone else's drugs." COMMITTEE ONCOMMERCE. SCIENCE. AND reau of Prisons puts the number even TRANSPORTATION lower, projecting that only 100 to 400 JUSTICE BY THE GRAM inmates would be immediately released In 1986, Congress enacted tough laws that Mr. FORD. Mr. President, I ask unan- require from jail. drug offenders to serve non-nego- imous consent that the Committee on tiable minimum sentences based on weight Commerce, Science, and Transpor- It is easy to throw money at our and type of drugs. tation be authorized to conduct a hear- crime problem by building more pris- Under these laws, someone dealing in 50 ing on the nomination of Henry J. ons. The better approach-but the grams of crack cocaine-less than 4 ounces- Cauthen, of South Carolina, to be a harder approach politically-is to use gets a mandatory minimum sentence of 10 member of the Board of Directors of our existing resources more intel- years. If there is a prior conviction of any ligently. That approach is more effec- felony drug offense, a dealer gets a manda- the Corporation for Public Broadcast- tory minimum sentence of 20 years. Under tive, more efficient, and more just. ing on Wednesday, August 24, 1994, be- these mandatory minimums, judges are not ginning at 10 a.m. in room SR-253 of I ask that the full text of the Wash- allowed to even recommend a sentence less the Russell Senate Office Building. ington Times article appear in the than the assigned minimum. Parole boards The PRESIDING OFFICER. Without RECORD at the appropriate place. may not let those convicted out. objection, it is so ordered. The article follows: By contrast, under federal sentencing [From the Washington Times. Aug. 24, 1994] guidelines, kidnappers get between four and five years in prison. Those who commit vol- MANDATORY DRUG SENTENCES LEAD TO untary manslaughter go to ADDITIONAL STATEMENTS 3 prison for be- INEQUITIES tween 4 /. years and six years. Assault with (By Nancy E. Roman) intent to commit murder gets from 5'/ years CRIMINAL SENTENCING New research suggests that mandatory to eight years and one month. minimum prison terms, coupled with tough Under mandatory minimums, record num- * Mr. SIMON. Mr. President, I want to new sentencing guidelines, force violent bers of drug offenders are being locked up. bring to my colleagues attention a spe- criminals onto the streets and keep low-lEvel (In 1992, states sentenced to prison 102,000 cial report published today in the drug offenders in jail. drug offenders and 95,300 violent offenders.) Washington Times, entitled "Manda- Take Nicole Richardson. But statistics show drug use and dealing is tory Drug Sentences Lead to Inequi- The 17-year-old high school senior fell in holding fast. love with Jeff Thompson, a drug dealer who Meanwhile, violent crime is on the rise and ties." many judges, law enforcement officials and The article highlights the counter- sold cocaine and "ecstasy," a combination of synthetic mescaline and an amphetamine. policymakers are beginning to conclude that productive policies of our current sen- which produces short-term euphoria. prison space would be better used to incar- tencing practices. Shortly after the two started dating, he cerate violent criminals than to lock up the The report cites research published began selling LSD. likes of Richardson and Patillo. "The public doesn't see any redeeming by the Cato Institute, which shows how When the federal drug enforcement agents value in drugs per se, but an increasingly caught one of his suppliers, he informed mandatory prison terms, force violent on large percentage of the population is coming Jeff criminals into the streets and keep as part of a deal to get a reduced sen- to the conclusion that the drug war is a low-level drug offenders in jail. And it tence. Undercover agents then telephoned greater threat to them than drug possession notes how a broad array of experts-in- Thompson's home, where Richardson an- by someone in their neighborhood," said swered cluding Edwin Meese, Lee Brown, and and told the agents where to find David B. Kopel, research director of Inde- Thompson to pay him for drugs. pendence Institute, a think tank in Golden, pro-gun groups-have recognized the In 1992. when Richardson was in college. ineffectiveness and injustice of these Colo., that advocates a free market and lim- she was arrested and charged with conspir- ited government. penalties for drug offenders. acy to distribute and possess LSD with the Mr. Kopel, a former New York prosecutor. This report demonstrates what I have intent to distribute. Now 20, she is serving a has published a 62-page report called "Prison been saying for years: Before we jump mandatory minimum 10-year sentence in fed- Blues: How America's Foolish Sentencing on the bandwagon to spend billions and eral prison. Thompson went to prison for five Policies Endanger Public Safety," in which billions on more prisons, we should re- years. he argues that federal prisons devote too examine the way we are using our pris- "In all of my experience with guidelines. many resources to drug offenders, at the ex- this case presents to me the top example of pense of incarcerating violent criminals. on resources today. If we did, we would a miscarriage of justice," said U.S. District He said that although his research was find that we are using too much prison Judge Alex T. Howard Jr. of Alabama, ap- based on the federal system, its conclusions space for nonviolent offenders and not pointed by President Reagan in 1986. apply to state prisons, too, where most of the enough for violent ones. As the Wash- Or take Johnny Patillo, 27. violent criminals are incarcerated. ington Times notes, our prison space One day a neighbor offered to pay Patillo "If a society is so intent on sending first- tripled over the past 15 years. But the 5500 to take a package to a Federal Express time drug vendors to prison that first-time number of violent offenders incarcer- office in Los Angeles and send it to Dallas. muggers often do not go to prison, should it be ated remained about the same or lower. Patillo, manager at a cable television com- surprising that burglary and mugging in- pany, agreed to send the package to Dallas crease?" he asks. The fact is that we would have even though he knew it contained illegal Oddly disparate groups are coming to the enough prison space today if we used drugs. He did not know which type or the same conclusion. Reagan- and Bush-ap- our resources more wisely. Unfortu- amount of drugs in the package. pointed judges have opposed mandatory min- nately, even small efforts to bring a Patillo was arrested and charged with pos- imum sentences for drug crimes, as has the little sanity to our sentencing prac- session with intent to distribute crack co- American Civil Liberties Union. Lee Brown, tices run up against political caine. He was sentenced to a minimum of 10 the Clinton-appointed director of the Office grandstanding. Take, for example, the years in federal prison, based on the weight of National Drug Control Policy, opposes mandatory minimum sentences. So does mandatory minimum safety valve that of crack cocaine in the package-681 grams. Judge J. Spencer Letts, a Reagan-ap- Edwin Meese III, who served as attorney gen- I sponsored in the Senate, which would pointed federal judge in California, said the eral under President Reagan. Many pro-gun allow judges just a little bit of discre- case made him face his most difficult groups oppose mandatory minimums. tion in sentencing low-level, non- dicision-"between my judicial oath of of- "I don't see the point of cluttering up the violent offenders, many of whom are fice, which requires me to uphold the law as prisons with a lot of these drug offenders serving 5, 10, or 20 years in prison under I understand it, and my conscience, which when a lot of them aren't violent criminals existing mandatory sentences. requires me to avoid intentional injustice." anyway." said Larry Pratt, executive direc- He said if the package had contained an- tor of Gun Owners of America. "If they are This small effort to restore a sense of not in there for an act of violence, I person- proportionality to our criminal justice other amount and type of drug. Patillo may have been sentenced ally don't believe they should be in jail. Why system has provoked only to probation. critics to claim "'Under this sledgehammer approach, it should I be paying for them?" that the safety valve would result in can make no difference whether [the] defend- RETHINKING THE WAR the immediate release of 10,000 or more ant actually owned the drugs with which he Mr. Pratt says just 10 years ago, he was inmates from prison. In fact, as the was caught." Judge Letts said. "Or whether, fully behind the "war on drugs." August 24, 1994 CONGRESSIONAL RECORD-SENATE 23989 "It's not a pretty idea to have people de- years." Mr. Kopel said. "They are entitled to Enforcement Administration to go after de- stroying themselves with drugs," he said. better than a system that incarcerates about signer drugs) and a handful of new ideas. One "But I've come to the conclusion that to the the same number of violent criminals. It of them was mandatory minimum sentences, extent that it affects me, there are ways to ought to be incarcerating three times as aimed at sending a message that society deal with a guy blowing his brains out with many [violent] criminals." would not tolerate drugs-especially crack. pot." DEGREES OF CRIMINALITY "I drafted the mandatory minimum sen- Not necessary so with a rapist, or an armed tences: they came out of my word proc- robber or a murderer, he said. He said if you envision a prison as a crowd- essor," Mr. Sterling said. "And I know how In his report, published by the Cato Insti- ed room, you can imagine that as more peo- quickly they were written and that they tute in May, Mr. Kopel tells the story of ple get pushed into the front door. some were not well thought out." Kenneth McDuff. must be let out of the back door. For example, penalties are assigned based In the early 1980s. McDuff murdered two Because mandatory minimum sentences on the weight of the drug and drug carriers. teen-age boys. raped a girl and snapped her prevent parole boards from releasing drug of- So the sugar cubes carrying LSD get weighed neck with a broomstick. During his trial, fenders before their sentences are served, along with the drug itself. law enforcement officers testified that they are sometimes forced to release an Mr. Sterling said the biggest problem with McDuff would kill again if given the chance. armed robber or rapist instead. the mandatory minimum laws is they snag "In 1989. the war on drugs gave McDuff the "Take away their discretion to let out a "conspirators"-girlfriends. family mem- opportunity." Mr. Kopel narrates. drug offender and they may have to let out bers. anyone who might know about drug Although Texas had doubled its prison ca- the nonrepentant rapist with a 10-to-20-year deals-and hold them responsible for the full pacity in the 1980s, it also quadrupled its in- indeterminate sentence." he said. weight of the drug involved in the crime. carceration of drug offenders. To cope with Ralph Adam Fine, a judge for the Wiscon- The only exceptions to mandatory mini- the increased number of prisoners, the state sin Court of Appeals in Milwaukee, cautions mums are for those who exchange informa- tion about another's involvement for a lesser parole board made it easier to qualify for pa- against making policy based on anecdote. role and let McDuff out in 1989. "One can always find anecdotal evidence sentence. Julie Stewart, president of Families "Three days later, the naked, strangled that will shock and horrify," he said, adding Against Mandatory Minimums (FAMM), said body of his first new victim was found." Mr. that incarceration is the only effective way to deter crime, including drug dealing. that's why so many low-level offenders clog Kopel says. the prisons. McDuff was arrested a year later. He was "If society wants to legalize the stuff, then we'll have lots of room in the prisons." said "The kingpins do the least amount of charged with three murders and investigated time." she said. "The only way to cir- for six more. the author of "Escape of the Guilty." "Ab- sent that. I think we've got to build more." cumvent the minimums is to inform, and the "Mandatory drug minimums have led to person who is the most culpable has the reduced punishment for violent crime." Mr. He said locking up drug dealers and users prevents crime because dealers often commit most information to exchange." Kopel says matter-of-factly. Ms. Stewart founded FAMM in 1991 after other crimes like robberies and FOCUS ON TIME EQUITY burglaries. her brother. Jeff Stewart. was sent to federal "You get this creep who isn't dealing drugs prison for five years for growing 375 mari- Mr. Kopel draws on the work of Morgan for the moment." he said. "He's not watch- Reynolds, an economist at Texas A&M Uni- juana plants with two friends. ing the 'McNeil/Lehrer Report,' he's out The plants were 2 inches tall when he was versity who studied average sentences in there burglaric:ing." Texas. He found that the average time served arrested, and Ms. Stewart said he and his He said tales of low-level offenders locked friends had hoped to end up with about 4 by violent offenders in Texas dropped from 28 away for unusually long prison terms some- months in 1985 to 24 months in 1991. pounds each of marijuana. times sound worse than they are. For exam- But two men who were renting Stewart's His research also showed that the average ple. many of those listed as "marijuana house told a neighbor about the marijuana. murderer could expect to serve less than two only" offenders were actually caught using The neighbor reported them to the police. years in prison; the average rapist, about 23 or dealing in more serious drugs and nego- When police arrested the tenants, they told days. tiated a lesser offense. of Stewart's enterprise to avoid prison. De- Patrick Langan, senior statistician with "However, that said, this hysteria that has spite prior felony convictions, they got pro- sairl the U.S. Bureau of Justice Statistics. been whipped up has led to what I consider bation because they gave up information those figures are artificially low because to be a lack of proportionality in sentenc- leading to another's arrest. they include murderers who are never caught ing," he said. "A civilized society does not Now Stewart, a former construction work- and thus get no sentences at all. send someone to prison for 30 years for mari- er. is serving his fourth year in prison. When those cases are eliminated, the aver- juana dealing and send murderers and rapists 'Prisoners cost $20.000 a year. My brother age time served for murder is more like foul to prison for five years." is costing the taxpayer S100.000. It's nuts." years. DRUG HYSTERIA she said. "I'm not against punishing these Nonetheless, he said, it is clear that politi- people. but the sentences should be realis- cians and law enforcement have devoted So how did this happen? tic." more resources to fighting drug crime. From It was the summer of 1986 and the country TAKING A SECOND LOOK 1986 to 1990, police increased the number of was obsessed with a new drug called crack Clay Shaw Jr.. Florida Republican. arrests for drug trafficking by 75 percent. cocaine-said to produce a high more intense Rep. E. fought for mandatory minimums as a During that same time, they doubled the ar- and addictive than powder cocaine for less who member of the Judiciary Committee in 1986. rests for trafficking in cocaine and heroin. than half its cost. Late in June. Len Bias, the University of said it may be time to reconsider them. In 1987. 36 of every 100 drug convicts went "We were doing the right thing at the Maryland basketball star. died of a drug to prison. In 1990. 49 percent were incarcer- time." said Mr. Shaw. who represents a the frenzy. ated. overdose, and obsession became a South Florida district that stretches 91 According to the U.S. Bureau of Justice Drugs seemed to be an indiscriminate de- miles from West Palm Beach to Miami. "We stroyer. Statistics, the sentences for robbery, rape. were drowning in the drug problems we were "Everyone was in shock at the death of kidnapping and property crimes fell between having. 1980 and 1990, while the prison sentences for Len Bias," said Eric Sterling, president of "In passing those laws, we were attacking drug offenses nearly doubled. the Criminal Justice Foundation. "This drug what we felt like was a problem in the sys- Mr. Langan said looking at time served in was hyped as the great new devil drug of our' tem. There was too much plea-bargaining a common set of states between 1988 and 1992. times." going on," he said. "That doesn't mean that the average time served for robbery was 40 Against the backdrop of Mr. Bias' death we can't go back and look at what we've months. It is now 37. Average time served for and the crack hysteria, House Speaker done-particularly if we are releasing violent assault dropped from 24 months to 22 Thomas P. "Tip" O'Neill returned to Wash- people. months. Time served for violent offenses in ington after a district work period and an- "In politics as everything else, people have the aggregate dropped from 38 to 36 months. nounced that Congress would put together to take a look at what they did, and if they At the same time, time served for drug of- an omnibus-anti-drug bill, recalls Mr. Ster- think they made a mistake, correct it," said fenses climbed from 15 months to 16 months. ling, who was then majority counsel to the Mr. Shaw. who served on the Select Commit- Time served for kidnapping climbed from 140 House Judiciary Committee. tee on Narcotics Abuse and Control before it to 45 months. "He was looking to the elections and re- was abolished this year. He said the hope was While prison space tripled over the past 15 calling that the Democrats had been beaten that stringent sentences would deter drug years, the number of violent offenders incar- up the month before for being soft on use and dealing. Now he suggests that Con- cerated is about the same or lower. crime," he said. gress take a look and see whether it has. "The people of the United States have paid Mr. Sterling said committee staff cobbled Mr. Brown, the drug-control director and a tremendous amount of money for this tri- the anti-drug package together out of exist- former undercover narcotics cop in New pling of prison capacity over the past 15 ing bills (such as one that allowed the Drug York City, said he doesn't think so. 23990 CONGRESSIONAL RECORD-SENATE August 24, 1994 "The intent was noble, but the results are fordability. This assistance can take lent over $1 billion of public and pri- not." he said. Although casual use of drugs- many forms: tax credits, local tax vate funds for the building and renova- defined as once a month or less-is down abatements and exemptions, rental tion of over 35,000 housing units-with slightly, hard-core use is on the rise, he said. subsidies, zoning variances, et cetera. virtually no losses. CPC's efforts have Mr. Brown sees two problems with manda- will been key to rebuilding large areas of tory minimum sentences: Many transactions, furthermore, The racial disparity that results from include not one, but several public en- New York City. Washington Heights- harsh sentences for crack cocaine. Although hancements. Typically, each has its Inwood in northern Manhattan, a com- 64 percent of cocaine is consumed by whites, own requirements and restrictions, and munity the size of Richmond, VA, was as opposed to 26 percent by blacks, he said separate government agencies are re- reinvigorated over an 8-year period as more blacks go to federal prison for cocaine sponsible for their administration. CPC financed more than 7,500 units of offenses. The private-sector credit system renovated housing-more than 10 per- Too many people go to prison for minor must interact with this complicated cent of the housing stock. In Harlem, possession of drugs, while more serious vio- market, while, at the same time, evalu- lent offenders are let out. 3,800 units are either under construc- But, Mr. Brown said, politically it is un- ating all the usual market consider- tion or have been completed, and in the likely that members of Congress, who want ations. Construction lenders must ac- South Bronx, 6,100 units have been fi- to appear tough on crime and drugs, will count for interest rate risks for their nanced. vote to reduce sentences for drug dealers. take-out financing, lest upward fluc- Recently, CPC sponsored a tour of "I can't see that," he said. tuations in long-term rates during con- these neighborhoods for the staff of the To illustrate in last week's bloody battle struction make the project New York congressional delegation to for a crime bill. Republicans targeted a pro- unaffordable at the time of completion. see how this cooperative approach to vision that would allow judges out from Permanent lenders must be sensitive to low-cost, multifamily development can under mandatory minimums when sentenc- ing first-time offenders. Under the original adverse social or economic conditions work. It is important to note that the bill, the provision was retroactive. which may have a disproportionate ef- rehabilitation projects are accom- Critics said the provision would turn 10,000 fect on low- and moderate-income ten- plished without altering the ethnic or drug criminals onto the streets. In fact, be- ancy. This population is often particu- economic mix of a given neighborhood. cause the provision allows judicial review of larly vulnerable during times of eco- In other words, this is neighborhood re- sentences, the number would be closer to nomic downturn. vitalization, not gentrification. As 1,600 according to Mr. Sterling. Part of the Given these difficulties, much of this these inner-city housing units are ren- deal struck to bring Republicans on board market-is underserved. Moreover, with the compromise crime package that passed ovated, retail and other economic de- the House on Sunday was to strip from the the consolidation of the banking indus- velopment follows. bill retroactive review for first offenders sen- try, knowledge of local markets has The Congress took an important step tenced under mandatory minimums. weakened, making it more difficult to in furthering this type of private-pub- Mr. Kopel said the actual numbers are not accommodate these unique community lic partnership through final passage of that important, because any prison beds not credit needs. Yet the need for this type the Riegle Community Development taken by dope dealers would be free for vio- of financing is clear. According to the Banking and Financial Institutions lent criminals. "State of the Nation's Housing," and Act of 1994. Not only on the community "Right now we have a system where a other reports, the supply and condition development side, but also as it relates third of the people coming in are drug of- fenders, as opposed to 7 percent in previous of rental housing is inadequate, par- to incentives for business loan years." Mr. Kopel said. "Would we be safer if ticularly in our inner cities. securitization, this legislation should the percentage of drug offenders went down In response, over the past decade and spur greater interest in the type of and the percent of violent offenders went more, a number of specialized lending lending activity which CPC and other up?"* organizations have been established na- specialized multifamily lenders pursue. tionally to deal with the decline of The common problem that all of credit resources in our low- and mod- these specialized lenders face is access NEW HORIZONS FOR AFFORDABLE erate-income communities. These orga- to long-term credit markets. Banks HOUSING nizations have various forms; they are and thrift institutions are reluctant to * Mr. D'AMATO. Mr. President, the bank community development compa- hold in portfolio multifamily loans due general decline in credit availability nies, loan consortia, local housing to high capital requirements and for multifamily housing since the Tax agencies, community development loan mismatches with their shorter term li- Reform Act of 1986 has fallen with spe- funds, et cetera. Their emergence has abilities. It follows that the continued cial force on the low- and moderate-in- established for this neglect market a success and future growth of these come sector. Longstanding obstacles to credit infrastructure that, while not types of companies will be dependent, financing apartment buildings have perfect, has promise for serving much in large part, on their ability to been exacerbated by a number of fac- greater needs. securitize their loan production and tors, including a decline of traditional The best of these organizations have sell the resulting securities in the sec- thrift industry lenders, tightening adopted various strategies to deal with ondary market. This brings the re- credit and bank capital adequacy the structural problems in their respec- course aspect of the Federal banking standards, and, most importantly, the tive marketplaces. In New York City, agencies' risk-based capital rules into deep real estate recession, which has for example, the Community Preserva- play. yet to be fully and uniformly reversed tion Corp. [CPC], a not-for-profit cor- Section 350 of the Riegle Community throughout the country. poration organized by 50 commercial Development and Regulatory Improve- The structure of most low- and mod- banks, savings institutions, and insur- ment Act, recently approved by Con- erate-income housing markets makes ance companies, has worked with gov- gress, directs the bank and thrift regu- the provision of credit a daunting chal- ernment to create a one-stop shop for latory agencies to review current risk- lenge in even the best of cir- small property owners to receive their based capital requirements with re- cumstances. Most transactions are private financing and public support spect to assets sold with recourse and, small, and many borrowers are unso- for certain types of rehabilitation consistent with safety and soundness, phisticated with weak or unsubstan- projects. Here, arrangements with local promulgate regulations that better re- tiated financial statements. New con- government are worked out in advance flect the exposure of an insured deposi- struction or rehabilitation financing for the approvals necessary to carry tory institution to credit risk from for these transactions would be com- the projects through to completion. transfers of assets with recourse. This plex enough, but it is made more so, in The result has been broad participa- section goes on to state that unless many instances, by the necessity for tion in programs destined to preserve necessary for purposes of safety and governmental assistance programs to affordable housing at very low costs. soundness, the new regulations should bridge the gap between housing cost af- CPC, since being founded in 1974, has not require an amount of risk-based August 24, 1994 CONGRESSIONAL RECORD-SENATE 23991 capital for these assets that exceeds The tragedy of gun violence in Amer- SGT. WALTER H. ARP-HEROIC ACTION ON OR the maximum amount of recourse for ica continues unabated. Statistics ABOUT JUNE 10. 1945. NEAR CHERBOURG. which such institution is contractually which would once have shocked us have FRANCE liable under the recourse agreement. become commonplace. Americans have Sgt. Arp rescued a badly wounded Amer- Logic dictates that similar risk-based become desensitized to the killings ican soldier who had stepped on a land mine. capital treatment should be given to that go on every day on our streets and He did this by crossing over a barged wire the acquisition of a subordinated inter- in our homes. fence into a mined area in order to carry a est in a loan or pool of loans by an in- wounded soldier to safety. Although Sgt. Arp Nonetheless, nothing is more disturb- had survived 8 months of combat while in sured depository institution, to the ex- ing than to read reports such as the service with the 14th Armored Division, and tent that such subordinated interest one by New York Newsday on Tuesday, was in transit to the continental United represents the same risk to the institu- August 16. According to the report: States, he selflessly conducted the rescue. tion. "Christine Baez, 5 months, was acci- Sgt. Arp and I were at a troop staging area As with other problems requiring dentally shot in the head by her father called Camp Lucky Strike, near the port of vast amounts of private sector financ- in their Bushwick apartment." Mr. Cherbourg. awaiting shipment back home. ing to complement scarce public re- President, in all likelihood, Christine's To relieve the boredom, we were walking sources, the rebuilding of the Nation's father purchased his gun to protect along the coastal road outside of Camp inner-city neighborhoods will depend himself and his daughter. How Lucky Strike. To our left were obviously for- tragic tified areas extending from the coastal road on the ability to deliver capital to the and ironic it is that this very gun took point of its most efficient use. Insofar down to the beaches and the sea. Walter and the life of his infant daughter. I saw a well-worn path to a concrete gun em- as affordable housing is concerned, According to the October 7, 1993, placement that, based on our combat experi- that point is centered on those who can issue of the New England Journal of ence. looked safe. We went down the path to- cost-effectively build and renovate Medicine, keeping a firearm in the ward the sea so we could get a better view of housing for low- and moderate-income home increases the likelihood that a the fortified landing beach. families. I congratulate CPC for its death will result by nearly three times. While we were there, a group of new Infan- substantial accomplishments over the Whether used accidentally or as a try replacements arrived to look around. last 20 years, and its plans for even means to settle an altercation, the (Even though the war was over, replace- greater future achievements.. ments were still being shipped to Europe.) mere presence of firearms in the home Walter and I returned to the coast road. Sud- puts in jeopardy the lives of thousands denly. we both heard the obvious thump of TRIBUTE TO NATIONAL KIDS of others like Christine Baez. what had to be an exploding land mine. We VOTING DAY-SEPTEMBER 28, 1994 Mr. President, the problem of acci- ran back over the path to the gun emplace- ment and saw one wounded replacement sol- * Mr. DECONCINI. Mr. President, I rise dental deaths and suicides resulting from the use of firearms is indeed se- dier coming out of the mined area. today to recognize Kids Voting USA He said that his companions were badly and National Kids Voting Day, Septem- vere. But more pressing, however, is the problem of intentional homicides. wounded and could not move. They were not ber 28, 1994. visible from our vantage point. I was able to This program serves to reignite the By the year's end, New York City alone commandeer a U.S. Army truck that was spirit of democracy in this country by will witness the death of well over 1,000 passing and go back to the camp for assist- introducing students to the experience victims of intentional gun violence. ance with mine detectors and medics. I of voting on election day at official Today, as the Senate resumes consider- sounded the alarm and a large rescue force polling sites across the country as they ation of the crime bill conference re- was mobilized. On returning to the scene. I are accompanied by their parents or port, we have a rare opportunity to do saw the second replacement on the ground guardians. something about this senseless vio- badly wounded where he was being attended lence. by a medic. The third member of their group National Kids Voting Day is signifi- was fatally wounded. that it marks a time when all The crime bill before the Senate will cant in I found Walter, and while questioning him States can recognize the value of keep dangerous assault weapons out of about what had happened, noted that the participatory democracy and the right, the hands of criminals. It will keep back of his fatigue jacket was soaked with privilege, and responsibility to vote, firearms out of the hands of juveniles, blood. I asked him what happened to him. He since the peoples of so many nations, who today account for a startling per- nonchalantly said that the second man had including our own, have fought and centage of those committing violent only been able to make it to about 50 feet died for the right to this powerful act crimes. Finally, the bill contains a pro- from the safe area, so Walter walked into the of liberty. National Kids Voting Day is vision by the Senator from New York mine field and picked the man up. piggyback that will ban a new class of armor- fashion, and brought him out of the fortified significant in that it celebrates a pro- mine field. gram that engages diverse factions, en- piercing cop-killer bullets. This was a remarkable and heroic achieve- courages involvement with education I intend to vote for the crime bill-if nent in itself and even more so when you re- in the home and enlightens through ac- only for those important gun and am- alize that Sgt. Arp was about 38 years old tivity each community in which it is munition control measures-and I hope (this was considered old for combat units) at conducted. National Kids Voting Day is my colleagues will do likewise.e the time and was going home to see his son, significant in that it acknowledges and who had been born while we were overseas. acts on the importance of educating He also had enough discharge points for re- lease from the Army upon arrival in the our youth about the tenets of a free so- THE BRAVERY OF WALTER ARP ciety of which the responsibility to United States. In spite of all these factors he vote is inherent. * Mr. BURNS. Mr. President, we re- risked his life (after surviving all those cently celebrated the 50th anniversary months of combat) to save the replacement's I ask that my colleagues join me in life. this valuable program and of the landing at Normandy, and I recognizing Since the area was a transient facility. Nationals Kids Voting Day.e heard a lot of stories of bravery by the soldiers there. there were no means to report his heroic deed. * * * I was the only one who knew what Not too long ago, I received a letter HOMICIDES BY GUNSHOT IN NEW happened, but in the confusion of being from an individual in Ohio who had re- trained for the invasion of Japan, my subse- YORK CITY called another act of bravery. Coleman quent discharge, and starting college, his he- * Mr. MOYNIHAN. Mr. President, I J. Magrish, of Cincinnati, OH, related roic act was forgotten. * * * It seems like rise, as has been my practice each week an account of the courage of Walter the 50th anniversary of D-Day is an appro- in this session of the 103d Congress, to Arp. Walter, who is in his eighties now, priate time to honor Walter H. Arp. announce to the Senate that during the lives in Ronan, MT. C.J. MAGRISH. COL. USAF (RET.) last week, 23 people were killed in New To call attention to Walter's actions, I agree. I salute Walter Arp and I sa- York City by gunshot, bringing this I would like to enter Colonel Magrish's lute his bravery, for his selfless actions year's total to 644. letter into the RECORD. five decades ago deserve recognition.® 23992 CONGRESSIONAL RECORD-SENATE August 24, 1994 SUPPORT OF THE U.S. COURT OF ment of the club's Assistant Director tor, Mrs. Moon, or the great acting classes at APPEALS DECISION REGARDING Arnett Morris express better than I the Piven Theatre, the Teen Leadership THE 1990 CENSUS ever could the impact this club has had Work Program with Miss Holmes, or the on the children and community of Gar- Time To Read Tutoring Program that I've ® Mr. DECONCINI. Mr. President, on been in for 4 years. August 8, 1994, the U.S. Court of Ap- field Park. If I started telling all about the great club peals reversed a Federal district court The Off the Street Club is an example programs, we would have to stay here and decision and affirmed that millions of of what every community, but espe- order dinner. What I want to talk about is people were uncounted during the 1990 cially disadvantaged communities, hard to put into words, but, I and the girls I census. The ramifications of this deci- across the Nation needs. A place for talk to, think it is as important as anything young people to gather and participate to us. What I mean is: How girls are treated sion are enormous. at Despite knowing that the 1990 census in supervised activities. A place for Off The Street Club compared to most them to build their self-esteem and places we go. was off by 5 million, then-Secretary of Almost any other place else we go, even at Commerce Robert Mosbacher chose to learn to be part of a supportive com- school, we are not treated with respect. The use the inaccurate 1990 population fig- munity. Too many young people have boys say things and try to act in ways that ure as the official Federal census popu- nowhere to go to escape the violence are disgusting and you just get so tired of it lation. He chose to use the 19990 figure and trouble on the streets of their all the time. But then you go to Off The regardless of the fact that millions of neighborhoods. In Garfield Park, Street Club and it's-well-it's just a dif- U.S. citizens, many of whom are Afri- youngsters have the Off the Street ferent world-a whole new way of living to- Club. gether with respect. The boys are not al- can-Americans, Hispanics, and Native lowed to hang all over you at Off The Street I applaud all the staff who grew up at Americans, were not counted in the of- Club and they have to talk with respect too. ficial population of the United States. the Off the Street Club and now work But, I want to emphasize something impor- It would be naive to believe that the there, all the private donors who make tant: At the club, the girls must earn the re- decision of the Secretary of Commerce the club possible, and especially the spect. How we act and dress and talk is a big was not motivated by political consid- young people who take advantage of part of personal responsibility for us. Re- erations. what the club offers, and then return as spect is a two way street at Off The Street The primary issue at hand, however, adults to give back to their commu- Club. I hope I'm not too forward in talking is not one of partisan nity. I ask that the statements of about these things, but it's important to me politics, but to have a place where I can feel good about Ricky _Rogers, Tamika Boyles, and rather it is of fairness-fairness to the myself, and Ralph said you would understand millions of people disenfranchised by Arnett Morris be entered into the what I meant. their lack of representation in the offi- RECORD at this point. So. that's what I wanted to tell you today cial population count. Millions of The statements follow: and to thank you if you have any part what- Americans are being denied the full ex- STATEMENT OF RICKY ROGERS soever in helping the club because, well, girls tent and benefits of representation. In Thanks Ralph. my age are often called "Young Lady." But Arizona alone, over 125,000 U.S. citizens Hello ladies and gentleman, I have lived on I think, to be a young lady, you need a place to be treated like a lady have been denied the true representa- the West Side all my life. We moved off while you're grow- Jackson because it was so bad-shooting, ing into one. That's what Off The Street tion to which they are entitled. Club is giving me. Thank you for listening to In truth, the basic formulas utilized drugs and killing, and my mother thought that any place would have to be better, but me. I love you all, thank you. for calculating valuable Federal aid we moved just 7 blocks away and it was ter- and congressional representation are rible-a war zone. Even my sister was STATEMENT OF ARNETT MORRIS based on inaccurate data. Valuable jumped on and beat-up not long after we FACING OUR TOMORROWS Federal programs, from social services moved there. I look to Chicago's future-our future- to infrastructure development have The first time I went to the store next to with many strong emotions: deep concern been inaccurately distributed across the house, there was a crowd of guys who yet unshakable hope, uncertainty eclipsed by the United States because of this deci- threw up gang signs. selling drugs and bold enthusiasm, troubling fears over- sion. This must be rectified. threatening. I never went to the store again. shadowed by absolute faith-intense faith in I leave for school early in the morning and the collective power and will of the many We must take the appropriate steps after school I just go right to Off The Street to ensure that these U.S. citizens are people of our city, from every community, Club. Then at night I have to get a ride who together form the one great dynamic given the representation that they are home. It's not that I am scared or a coward, community we proudly call home, our Chi- entitled under our Nation's Constitu- it's just that there are too many cago. tion. It is incumbent on the President gangbangers and they don't care about any- If America is the hope for the world, and I of the United States to use the most thing. strongly believe it still is, then Chicago is accurate census numbers available. Too many people get shot all the time. I'm the hope for America. For, if the American Therefore, I strongly urge President not complaining-I guess that's just the way dream is to continue to work, it must do so it is and I have Clinton to not appeal the to live with it. But I came here in the heartland, in this city that sure- U.S. Court of today, not to complain, but to let you know Appeals decision and thereby give the ly reflects all the diversity, urban concerns what Off The Street Club means to us. and promise that empowers the American millions of citizens omitted from the It's the only place we have to go. It's the dream. 1990 census figures the voice they de- only place I feel safe. It means a place where At the heart of my vision for effecting serve.* there are still rules, and right and wrong positive change in Chicago's communities is mean something. a revitalization of the elements that made Maybe Off The Street Club means I have a our land and its cities great in the first THE OFF THE STREETS CLUB IN future, that Ricky Rogers has a place to place. While we search for answers near and CHICAGO grow up. Without always being afraid, or far we must tap the greatest resource, the * Mr. SIMON. Mr. President, bowing down or selling out. Well, I'm never power we all have within. I would going like to to sell out. I've got Off The Street Along with solutions in fields as diverse as enter into the RECORD three Club. and my head is high. So are my hopes. statements from Illinoisans economics, government and environmental involved Thanks for caring about me. concerns, the vision for Chicago's tomorrows with the Off the Street Club in Chi- must, at its heart, include strong infusions cago. The Off the Street Club is Chi- STATEMENT OF TAMIKA BOYLES of true brotherhood, a rededication to the cago's oldest boy's and girls club, serv- Thank you. Ralph. work ethic, the understanding that our chil- ing the Garfield Park neighborhood Good afternoon to you, ladies and gentle- dren must come first and that. ultimately, since 1900. It is an entirely privately men. I'm very excited to be here and to be a we must work together in the certain knowl- funded community center providing part of this celebration of the best boys and edge that what President Kennedy reminded after-school girls club-underline girls club-that you'll us of is more timely than ever, "* * * on this activities for over 3,000 ever find. young people a year. The statements earth, God's work must truly be our own." of I'm not going to talk today about all of the I will continue to do my best to live out young people like Ricky Rogers and club programs-and I'm in most of them- my commitment to Chicago's future by con- Tamika Boyles, as well as the state- from the Busy Bee Girls Club with our men- tinuing to serve the very needy but very August 24, 1994 CONGRESSIONAL RECORD-SENATE 23993 wonderful children of one of its most trou- that operated with excess layers of THURMOND on our Armed Services Com- bled neighborhoods, always attempting to unmotivated bureaucracy and over- mittee have worked tirelessly to re- keep alive in each child the hope for the fu- abundant specifications which devel- form ture that is, and must always be, the birth- the system in the interest of right of every citizen of the great city of Chi- oped special, government-unique items. maintaining a strong defense. Senators cago. The act raises the threshold for use BUMPERS and PRESSLER saw reform as Those ideals come together for me in one of new streamlined procedures from an opportunity to provide small firms sacred place on Karlov Avenue where the es- $25,000 to $100,000. For acquisitions greater access to the Federal acquisi- sence of the American struggle for a better below that contract value, this bill will tion system. life meets the inspirational American tradi- clear away burdensome certification The leadership from the chairmen tion of charitable giving. The Off The Street and paperwork requirements, while re- and ranking members of the three com- Club is at once my cause, my salvation and serving first contracting opportunity mittees was crucial in insuring my privilege. that Through it, with it, I face tomorrow con- for small businesses. Procurements this complex bill was developed, intro- fidently enhancing Chicago's future, as my under $100,000 comprise 96 percent of all duced, and moved through the process mentor has taught me, one child at a time.o Federal contracting actions, so the po- to last night's approval of the con- tential for savings is dramatic. The ference report. goal is to make those small, low-risk At the subcommittee level, where FEDERAL ACQUISITION projects as economical and simple as many of the concepts in this bill were STREAMLINING ACT OF 1994 possible for Government to offer and developed, I want to acknowledge the * Mr. BINGAMAN. Mr. President, last business, particularly small business, leadership of Senators LEVIN and night the Senate approved the con- to win. COHEN on the Governmental Affairs ference report on S. 1587, the Federal Perhaps the most innovative process Subcommittee on Oversight of Govern- Acquisition Streamlining Act of 1994. improvement in this act is the develop- ment Management, and Senators In doing so, it took a historic step to- ment of the Federal Acquisition Net- COATS and SMITH, who served with me ward making the Government work work, FACNET. The Government is on the Armed Services Subcommittee more efficiently and effectively. moving into the information age at a of jurisdiction over the past 4 years. Last night we concluded a long proc- breathtaking rate. This bill provides Senator COATS played a crucial role in ess begun in 1991 and 1992 with a com- for the implementation of electronic 1991 in helping persuade the Pentagon prehensive review of Federal acquisi- bidding, contracting, negotiation, pay- to pursue section 800 mandate and Sen- tion law directed in section 800 of the ment, and other actions now done by ator SMITH has pushed throughout the national defense authorization for fis- hand. The electronic bulletin board past 2 years for the most comprehen- cal year 1991. The review panel, which will replace the actual bulletin board sive reform possible. came to be known as the section 800 in place now at many Federal contract- As with most of our legislation, the panel, reviewed over 600 statutes and ing facilities. heavy lifting is often left to the staff. recommended repeal or amendment of After this system is up and running, Senators NUNN, THURMOND, SMITH, and nearly 300. In short, they found a jun- any small business with a computer I had the support of some of the best in gle of conflicting, obsolete, and ineffec- and modem will be able to participate Congress in Andy Effron and Jon tive laws which stifled the Federal ac- in the process, regardless of location or Etherton. Many times, when the draft- quisition process and wasted the tax- size. This is an especially important ing process bogged down over some ar- payers' funds in huge amounts. feature in a rural State like New Mex- cane point of acquisition law or con- Their 1992 report was the catalyst for ico where many small businesses want gressional process, Andy and Jon all that followed, both here in the Con- to contract with the Government, but cleared away the obstacles with clear gress and in the executive branch. I are too distant to justify the trip to reasoning that kept the process mov- want to commend at the end of this the contracting agency. ing. Senators BUMPERS and PRESSLER process the fine work which Rear Adm. Over the past 2 years, the Members of and the entire Small Business Commit- William Vincent and his colleagues in this body and their staffs have worked tee benefited from the experience and Government and industry did at its be- tirelessly to implement the rec- unique perspective of Bill Montalto, ginning, and I ask unanimous consent ommendations of the section 800 panel who ably represented the small busi- that their names appear at the end of and the National Performance Review, ness community. my statement. consider relevant suggestions from In the Government Affairs Commit- Mr. President, the section 800 panel small and large businesses, professional tee, Tom Sisti, John Brosnan. and laid the foundation, but this bill would associations, citizens groups, and inter- Mark Forman were steadfast in the re- not now almost be law without the ested individuals. form effort. Day after day, they acted Vice President's leadership in the Na- Last October, Senators GLENN, NUNN, as the focal point to interpret, re- tional Performance Review. Procure- LEVIN, BUMPERS, LIEBERMAN, ROTH, write, and analyze the impact of the ment reform is an idea whose time COHEN, and I introduced S. 1587 after voluminous administration, business, came years ago, but it took strong months of bipartisan tricommittee and congressional reform proposals we leadership at the top to move from idea staff work. This year, we had the bene- received right up until the conference to reality. fit of testimony in three joint Armed report was filed. Theirs was a monu- In that spirit, this act empowers the Services and Governmental Affairs mental effort, which resulted in many Defense Secretary and the Director of hearings from all those groups. That long nights and weekends, but was crit- the Office of Federal Procurement Pol- testimony was excellent and instru- ical to the success we now enjoy on icy, to implement many new, stream- mental in improving on the section 800 this bill. Their contribution cannot be lined acquisition procedures. Secretary panel's recommendations. Addition- overpraised. Perry and Dr. Kelman have spoken pas- ally, we have held numerous meetings Senator LEVIN was served by one of sionately about their intention to with interested private and govern- the best minds on the staff, Peter Le- make the system work more effec- ment groups. vine. No one knows this bill better tively, once legislation enabled them I commend the leadership of the Gov- than Peter. Numerous times, when to do so. Mr. President, that time is ernment Affairs, Armed Services, and progress seemed elusive, Peter pro- now. Small Business Committees for their vided clear and incisive solutions to This legislation reorients the Federal thorough, persistent, and bipartisan very complex language drafting and in- procurement bureaucracy toward the dedication to the concept of reform. terpretation questions. commercial marketplace and makes it Senators GLENN and ROTH on the Gov- On my staff, Ed McGaffigan and Mike easier to buy commercial products and ernmental Affairs Committee have Hammon were particularly helpful in services, cheaper and quicker. For too long recognized the need for thorough- dealing with important procurement long, we have had to endure a system going reform. Senators NUNN and policy in the Defense Department. 23994 CONGRESSIONAL RECORD-SENATE August 24, 1994 commercial product acquisition, and James Wayne Skinner (NAVSUP), Jack L. ing to direct-lending advocates, including the acquisition work force. Soesbe, MAJ. USA (DSMC), Theresa M. Sen. Paul Simon (D-Ill.), the program's main Finally, I join Senator NUNN in prais- Squillacote (DSMC), Jerry Stahl (AMC). congressional sponsor. Losers will be the middlemen-the banks ing the work of the Senate and House Donald J. Suda (DLA), Bruce N. Warner (DSMC). and loan-guarantee agencies-that required legislative counsels, Gregg Scott and Administrative Staff: Wilma J. Frey all the paperwork and, through their service Sherry Chriss, who handled this legis- (DSMC), Laura J. Neal (DSMC), Linda L. fees, kept costs of the traditional student lation while simultaneously producing Snellings (DSMC), Megan A. Weaver loan program unnecessarily high. Under- the National Defense Authorization (DSMC).o standably, banks and loan-guarantee agen- Act for fiscal year 1995. They have cies have emerged as the major opponents of worked tirelessly for weeks on end and direct lending. I hope they both know how much we SIMPLER STUDENT LOANS The University of Illinois at Champaign- Urbana. Bradley University in Peoria. Fox appreciate their service. * Mr. SIMON. Mr. President, any new College in southwest suburban Oak Lawn Mr. President, as I In conclusion, program is likely to encounter some and DeVry Institute of Technology in west said before, this is but the first step. glitches. This is just as true in the suburban Addison were the Illinois schools We have crafted comprehensive reform Education Department as in the Com- chosen to be in the first wave of this stu- legislation that must be carefully and merce Department, and it is true in the dent-loan reform. The initial results are en- energetically implemented by the ad- private sector as well as the public sec- couraging. ministration. We have sent the mes- tor. But problems can be minimized David Pardieck, financial aid director at Bradley, says he's two months ahead of sage that the emphasis should be on through good planning, and by working less-less restrictive directives, less schedule in parceling out federal loan money closely with clients. I am pleased that to students. use of unnecessary contract language, the Education Department, in putting Likewise, Craig Munier, a financial assist- and less bureaucracy. There must be a together the new Direct Student Loan ance official at the U. of I.. says his office cultural change in the acquisition Program at 104 schools this year, has will disburse federal loan money next month work force away from procedures worked with financial aid administra- to students in record time-72 hours after re- which are designed to shield contract- tors so that the initial phases of the ceiving their signed promissory notes. ing personnel from criticism and dis- program have been impressive by any- "I've been in financial aid for 20 years, and in that time I've become pretty cynical courage initiative. The new directives one's standards. must encourage use of judgement and about the Department of Education and gov- An inquiry of the participating Illi- ernment in general." Pardieck said. "But reward those who do so. That will in- nois schools by Chicago Tribune re- this time they've pulled it off-at least the deed be procurement reform on a grand porter Frank James found that "the first year." scale. That will be reinventing govern- initial results are encouraging." Other Simon said the new program "benefits ev- ment. The need is real-the time is reports I have heard have been equally eryone except for bankers, the guarantee now. positive. agencies and the secondary market like Sal- The list of panel members follows: President Clinton should be com- lie Mae." Sallie Mae is the nickname of the Student Loan Marketing Association, which PANEL MEMBERS mended for his perseverance in seeking Pete Bryan. Director. Contract Policy & acquires and resells student loans. these reforms in last year's budget bill, The new program is designed to take ad- Administration, Office of the Secretary of and he should be proud of the student Defense. vantage of modern efficiencies brought about aid team that Education Secretary Allan Burman. Administrator for Federal by computer modems. Procurement Policy. Richard Riley has put together at the In applying for a loan, a student fills out a Anthony Gamboa. Deputy General Coun- Department. Students, taxpayers, and standardized form and presents it to the col- sel, Department of the Army. schools all are benefiting from the lege loan office. The office then electroni- Jack Harding. Vice President, Contracts. changes. cally transmits the form to a private proc- essing company working for the government. Raytheon Corporation. Mr. President, I ask that the Tribune LeRoy Haugh, Vice President, Procure- Usually within a few days, the school is article from July 31, 1994, and an inter- ment & Finance, Aerospace Industries Asso- electronically notified about whether the ciation. view with David Longanecker from the loan has been authorized. If so, the school Thomas J. Madden, Partner, Venable, Rolling Stone magazine of August 25, sends a promissory note to the student. The Baetjer, Howard and Civiletti. 1994, appear in the RECORD following student's loan a~count, kept by the college, Ralph Nash. Jr., Professor of Law, George my remarks. then is credited once the signed note is re- Washington University. The material follows: turned. F. Whitten Peters, Partner, Williams and STUDENT LOANS GET SIMPLER-NEW SYSTEM By contrast, the current byzantine process Connolly. requires the student to contact a bank or REDUCES PAPER. MIDDLEMEN Gary Quigley, Deputy General Counsel, De- other financial institution and complete fi- fense Logistics Agency. (By Frank James) nancial-aid forms. Once the loan is approved, Major General John D. Slinkard, USAF, Student loans rank right up there with it goes to a guarantee agency, which essen- Deputy Chief of Staff for Contracting, Head- term papers and final exams on the list of tially ensures that the bank will get all its quarters. Air Force Materiel Command. college ordeals and anxieties. money back if the student defaults. Rear Admiral W. L. Vincent, USN, Com- There's the application process that seems The bank and the guarantor charge fees. mandant, Defense Systems Management Col- to generate as much paperwork as a short They also often spend hours on the phone or lege. hospital stay. Then the sometimes excruciat- days in correspondence with each other or Robert D. Wallick. Partner, Steptoe & ing wait for the check. college financial-aid offices to clear up con- Johnson. Finally, there's the stress over whether the fusion caused by the involvement of so many Harvey Wilcox, Deputy General Counsel, education that the loan is buying will bring participants. Department of the Navy. a job that can repay the debt. Finally, a check appears that the student TASK FORCE But a reform of federal student loan proce- must then sign over to the school. Executive Secretary: Donald M. Freedman dures is underway that would change all of So much paper is generated that many (DSMC). this. Four Illinois schools are among 104 na- critics compare the current system to the Task Force Directors: C. Kenneth Allard, tionally helping to introduce the new direct health-care industry. LTC(P), USA (DSMC), Thomas J. Dolan, Jr. student loan program this summer. "It's a wonder we have any trees left in the (ONR). Susan P. McNeill, Col, USAF. The streamlined approach involves appli- country with all the paperwork," said Sarah Task Force Members: JoAnne L. Barreca cations made directly to the federal govern- Myers, of suburban Baltimore, whose son (DLA), Benjamin B.C. Capshaw, LCDR, ment, which disburses the money directly to William attends Bradley in Peoria. USNR (DSMC), James Cohen, Lt Col, USAF, students. If the program works, the U.S. De- Myers and her husband already have put a Stuart A. Hazlett (SAF-AQC), Barry Kline partment of Education, which is overseeing daughter through college. They said the old (AMC), C. Jean Kopala, Maj, USAF (DSMC). the changes, hopes all eligible schools will system required them to set aside an entire William E. Mounts (Contract Counsel), adopt the new system within five years. day during Christmas vacation to fill out the Karen O'Brien. CPT, USA (DSMC), Michael Winners in the process would be students, numerous forms. Completing the single new J. Renner, Lt Col, USAF. Michael Rose, Lt who receive loans quicker without the bewil- form for a loan for their son took less than Col, USAFR, Diane M. Sidebottom (DLA). dering array of forms, and taxpayers, accord- an hour. August 24, 1994 CONGRESSIONAL RECORD-SENATE 23995 Bradley is a private university with 6,000 take a public-service job or for some reason If direct loans are such a great idea. what students. 60 percent of whom received federal their investment in themselves doesn't pay took so long? loans. Pardieck said. he has converted 3.500 off substantially, we'll take the hit as the One reason is that there was so much of those students to the new program. federal government-and intentionally so. If money being made. The banks, the secondary Only one family has phoned the school to they go into public law instead of corporate markets and the others, these folks provided express concern about the change. Pardieck law and as a result give us something back service, no doubt, but they did so in an ex- said. And that was because the student's fa- in a different way, then they won't have to tremely profitable way. This was the second ther missed the convenience of having the pay back as much eventually. most profitable component of most banks' monthly payments deducted from his pay- We're also allowing students who took out portfolios. check by his credit union. old student loans who want to convert those They were making risk-free loans, essen- The lack of complaints "really says some- into direct loans so that they can participate tially. thing." Pardieck said. in income contingency or some of the other Yeah. Their yield was assured, and it was Besides accelerating the loan process, the features to do that. higher than almost anything else in their new program also addresses repayment with Do banks have any role in direct lending? portfolio. Because they were making that an eye toward cutting the 17 percent default No, unless they compete as a contractor kind of money and there was such an array rate. for the service. We don't actually do this job of actors out there, it was almost politically With direct loans, repayment is pegged to of servicing these loans ourselves. We've con- impossible to change. income as well as whether a student's edu- tracted for that service. In the past, banks What happened that make it possible? cation has paid off. got paid the same amount whether they pro- Three things. One is that we had increasing If a graduate has a low income, then pay- vided good or poor service. Now our con- evidence in General Accounting Office re- ments can be reduced. And if. after 25 years, tracts are based on quality of service. Some ports that the program simply wasn't work- there's no indication that the person bene- people have said we moved away from a pri- ing, that it was costing too much money and fited from his or her schooling.then the gov- vatization model. In fact, we think we moved couldn't be managed effectively because of ernment forgives the loan. closer to one. We're now contracting for the array of actors. Two, we had the presi- "Education is a good investment, and for service on the basis of price and quality: dent running on an initiative that couldn't almost everybody it pays off," said David that's what the private market is best at. be incorporated effectively into the existing Longanecker, assistant secretary for post- If the loan is going directly to the school, program. Income contingency really re- secondary education at the Department of does that mean the student doesn't have to quired a new design. Education. "But [when] it doesn't, this is the mess around getting it before classes begin? And then-I almost hate to say this-al- ultimate guarantee. We used to guarantee That's correct. We still recommend they most by accident this program was incor- loans to banks. Now we're guaranteeing apply for financial aid as early as possible so porated into the Omnibus Budget Reconcili- them to students." that they get the full array of potential fi- ation Act last year. It had fiscal impacts. CLINTON'S CREDIT: THE 72-HOUR STUDENT nancial assistance. But a student can go to a and it was put into a budget bill as a cost LOAN school now and apply, and that application saver, because it was going to save about $4 will be processed by our central processor, During the '92 campaign. Bill Clinton billion. determining eligibility for Pell Grants. for vowed to "scrap the existing student-loan Once it was in that bill, if people wanted to student loans, and that will all essentially be program" and replace it with one that would change it, they had to come up with a req- available in their account within 72 hours. allow borrowers to repay loans as a percent- uisite amount of savings somewhere else. No- You can process this in 72 hours? body could do that. We were in a much age of their income. Of course, he vowed to Yes. 'here's a single application form we do a lot of things. But on July 1, the Depart- stronger political position than if we'd had a created so that students can now file for all separate bill. Those forces I'm talking about ment of Education begin issuing direct stu- federal student financial assistance with one dent loans to be repaid on the basis of "in- now had to attack the entire Omnibus Budg- form. There used to be an array of forms that et Reconciliation Act. and that really cre- come contingency." a student had to fill out. In the first year. only 5 percent-about $1 ated a dilemma for them.-Francis Students fill out that new form. They can Wilkinsone billion-of the total government-backed loan do that electronically at their school, they pool will be in direct loans. The remainder can do it on a computer-it's transmitted will still be handled by banks and other pri- electronically to us-or they can do it on ORDER FOR STAR PRINT-SENATE vate lenders. But next year the share of di- paper. Either way we will process it as soon RESOLUTION 250 AND S. 2409 rect loans is scheduled to jump to 40 percent as we receive it. Within 72 hours the school and soon after make up the majority of new will have the eligibility of that student for Mrs. HUTCHISON. Mr. President, I student lending. the various federal programs. ask unanimous consent that Senate We talked with David Longanecker, the The program began July 1. How's it work- Department of Education's assistant sec- Resolution 250 and S. 2409 be star print- ing? ed to reflect the following changes retary for post-secondary education, about Everybody is extremely pleased with it at which I now the changes in financing a college education. this point. You know, this is a pretty phe- send to the desk. For further details, call (880) 433-3243. nomenal feat. This program was passed last The PRESIDING OFFICER. Without What is a direct student loan? August. We selected the institutions for the objection, it is so ordered. A loan that's made directly from the fed- first phase in November. We selected our eral government to students through the contractor in December and since then have schools. The capital cones from the federal been working with institutions to develop ORDERS FOR TOMORROW government. That's quite a bit different from the software packages and all. By May 15 we Mr. FORD. Mr. President, on behalf the old loan program. where we essentially were in a beta testing phase and by June 15 paid private banks to provide the capital. of the majority leader, I ask unani- were processing applications. mous consent that when the Senate The reason we changed is real straight- Was there any model for this program? Or forward. The old way cost too much, it was is this something that was hatched fresh? completes its business today, it stand impossible for us to manage, and we had all We'd like to claim it as our genius, but the in recess until 10:30 a.m., Thursday, of the responsibility but virtually none of idea of income contingency has been around August 25; that following the prayer, the authority. The authority was controlled for about 25 years. the Journal of proceedings be deemed by those banks and by some things we called Does the IRS have a role in collecting? approved to date, and that the time for guarantee agencies, which we also paid. We It may. At the present time it doesn't, ex- the two leaders reserved for their use were paying a lot of middlemen. They were cept that they give us income information doing a nice-a decent job in some respects, when a student selects income contingency, later in the day; that immediately but we were paying an awful lot for that. so they provide us the most recent informa- thereafter, the Senate resume consider- And they didn't want to provide the repay- tion on that person each year so that we ation of the conference report to ac- ment terms we believed students needed know what their income is. company H.R. 3355. when they came out of school. We wanted a The IRS provides that to you? The PRESIDING OFFICER. Without program where students paid back not based The IRS provides that. That's their current objection, it is so ordered. on how much they borrowed but on how role. In the future they may actually become much their income allowed them to pay a partner in the collection of these loans. If back. So we developed what we call an in- their collection system can provide us with RECESS UNTIL TOMORROW AT 10:30 come-contingent loan-repayment program. accountability and students with the cus- A.M. If they get out of school and don't get a tomer service they deserve, that might be a great job for a while, that's OK: they won't very viable way for us to go. But we're still Mr. FORD. Mr. President, if there be have to pay so much on their loans. If they investigating. no further business to come before the 23996 CONGRESSIONAL RECORD-SENATE August 24, 1994 Senate today, I ask unanimous consent that the Senate stand in recess as pre- There being no objection, the Senate, viously ordered, at 7:59 p.m., recessed until Thursday, August 25, 1994, at 10:30 a.m. August 24, 1994 EXTENSIONS OF REMARKS 23997 EXTENSIONS OF REMARKS

SENATE COMMITTEE MEETINGS Meetings scheduled for Thursday, SEPTEMBER 14 Title IV of Senate Resolution 4, August 25, 1994, may be found in the 2:00 p.m. agreed to by the Senate on February 4, Daily Digest of today's RECORD. Veterans' Affairs 1977, calls for establishment of a sys- MEETINGS SCHEDULED To hold hearings on pending legislation. tem for a computerized schedule of all SR-418 meetings and hearings of Senate com- AUGUST 29 mittees, SEPTEMBER 21 subcommittees, joint commit- 10:00 a.m. 2:00 p.m. tees, and committees of conference. Environment and Public Works Veterans' Affairs This title requires all such committees Clean Air and Nuclear Regulation Sub- to notify the Office of the Senate Daily committee Business meeting, to consider the nomi- Digest-designated by the Rules Com- To hold hearings to examine the poten- nation of Kenneth W. Kizer, of Califor- mittee-of the time, place, and purpose tial health effects resulting from ra- nia, to be Under Secretary for Health of the meetings, when scheduled, and dium nasopharyngeal irradiation treat- of the Department of Veterans Affairs. any cancellations or changes in the ment. SR-118 SD-406 meetings as they occur. SEPTEMBER 22 As an additional procedure along with the computerization of this infor- SEPTEMBER 13 9:30 a.m. mation, the Office of the Senate Daily 2:00 p.m. Energy and Natural Resources Mineral Resources Development and Pro- Digest will prepare this information for Veterans' Affairs To hold hearings on the nomination of duction Subcommittee printing in the Extensions of Remarks Kenneth W. Kizer, of California, to be To hold hearings to examine immigra- section of the CONGRESSIONAL RECORD Under Secretary for Health of the De- tion in the Commonwealth of the on Monday and Wednesday of each partment of Veterans Affairs. Northern Mariana Islands. week. SR-418 SD-366

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