May 19_ 1994

May 19, 1994 CONGRESSIONAL RECORD-SENATE 11175

ferees to stick with the provisions-I (4) Significant funding for the construction more importantly, this crime bill will

think there were at least two provi- and/or operation of- help the States do their job, which is to

sions by big votes, this group of con- (A) secure prison facilities for violent of- investigate, prosecute, try, and incar-

ferees from the House just, as I say, in fenders; and

(B) boot camps, jails, and other low or me- cerate the 95 percent of the criminals

an arrogant way just closed the book. dium security State and local facilities to who are terrorizing our streets and

This is the House that gives us lec- house nonviolent and less serious offenders. neighborhoods within State jurisdic-

tures on the filibuster and says that we (5) Tough penalties for violent criminals. tions. And that means, first and fore-

over here are an evil group who do an (6) A comprehensive Violence Against most, that we have to make sure both

ugly thing called filibuster. Yes, we do. Women Act, including resources to improve sides of the crime fighting equation

It helps a minority within the minor- law enforcement responses to domestic vio- add up.

ity, regardless of what party you are lence, for victim services, for educational On the one hand, we have to provide

programs, and including a civil rights cause

in. of action for violent felonies motivated by the States with the resources to punish

Over there they just run it with an gender bias. violent criminals. We must also reach

iron fist and hang people out to dry, (7) Funding for Federal law enforcement, out and prevent would-be criminals

take their amendments, put someone including the Federal Bureau of Investiga- from coming down the path in the first

else's stamp on them, and ship them tion, the Drug Enforcement Agency, the Jus- place.

down the road. tice Department, United States attorneys, As I have already said today, I do not

I want the public to see that it is and for other Federal law enforcement agen- want to waste any more time debating

really something to see, to give them a cies. what I believe are the marginal options

whole new view. That is why I think Mr. BIDEN. Mr. President, a lot of to instruct.

the motion to instruct will be appro- the motions we have heard and will So, without any further talk, I have

priate, and not to reveal any chicanery hear, although very important to indi- sent to the desk a motion to instruct

in the Senate, but to show how blatant vidual Senators and maybe even impor- which directs the conferees to agree

are these House conferees. It is the tant to some aspects of the bill, are not upon a balanced, comprehensive crime

same stacked deck. It is the same the heart and soul and guts of this leg- bill, which includes all the key build-

stacked House conference. Just take a islation. ing blocks that we passed in this Sen-

look at it. And here we go. I know The reason this is such important ate and that are truly effective crime-

them. I like them. They were pleasant legislation is not merely that it spends fighting strategies.

persons. But they play a version of a lot of money, we do that lots of times In my opinion, I believe we should di-

hardball that makes us now look like on things that are not important. But rect the conferees to, one, include in

we are wandering around with our it is important because it is the first the conference report the Violent

hands and feet covered with Band-Aids. time, as I said, we struck a balance Crime Reduction Trust Fund. We must

The PRESIDING OFFICER. Is there here on the floor, liberals and conserv- guarantee to the American people we

further objection to the request of the atives alike, with notable exceptions. I have the money and we are going to

Senator from Delaware? believe that we have to deal both with spend the money on crime. I think it is

Without objection, it is so ordered. the violent criminals who are out the single most serious domestic as

The Senator from Delaware. there, those people who are already well as foreign problem that faces this

MOTION TO INSTRUCT CONFEREES convicted of a crime, with tough sen- Nation. And we should set aside a trust

Mr. BIDEN. Mr. President, I send a tencing and penalties, more police, et fund to guarantee the American people,

motion to the desk and ask for its im- cetera, at the same time trying to pre- for the next 5 years we are going to

mediate consideration. vent crime as well, people from getting meet the commitment that we say,

The PRESIDING OFFICER. The into the crime stream. that the money is available for vital

Chair will tell the Senator there was a As I said, the motion to instruct, so programs, ranging from prevention to

motion currently pending. far by and large, has been about fight- punishment, that is authorized in the

Does the Senator seek unanimous ing crimes in the margin. Only some 5 Biden-Hatch crime bill.

subsequent to set that motion aside? percent of the violent crimes, only 5 It directs the conferees to provide

Mr. BIDEN. Yes. I unanimous con- percent are prosecuted at a Federal adequate funding to put 100,000 cops on

sent to set aside, I believe it is the level. And yet my colleagues on the the street over the next 6 years; in our

GRAMM motion. other side of the aisle, and some on my case, 5 years. But 100,000 cops. The

The PRESIDING OFFICER. Without side, would have us believe that tough House bill only has 50,000 cops that we

objection, it is so ordered. Federal penalties are critical parts of provide the money for at the local

The Gramm motion is set aside. this bill. level.

The PRESIDING OFFICER. The mo- I am for the tough Federal penalties, These police officers will be on the

tion will be stated. but let me just assure you and anyone streets of our neighborhoods and local

The bill clerk read as follows:

listening, if only 5 percent of all the communities in community policing

The Senator from Delaware [Mr. BIDEN] violent crimes-5 percent-are pros- programs. For if we know one thing

moves to instruct conferees on the part of

the Senate that the conferees on the part of ecuted at the Federal level, and we about crime, we know that there is less

the Senate on the disagreeing votes of the toughen that 5 percent, does anybody crime that occurs on a corner where a

two Houses on the bill H.R. 3355 be in- believe that is going to affect crime in cop is standing at that moment. We do

structed to insist that the committee of con- America? not know a whole lot more, but we

ference report a committee substitute that So it is kind of important we put this know if a cop is on the corner, and if a

includes the following measures: in focus. cop is not on the other corner, there is

(1) The Violent Crime Reduction Trust I agree that tougher penalties for going to be crime committed on the

Fund to ensure that funds are available to

support the vital programs ranging from pre-

violent offenders are important. That other corner more likely than where

vention to punishment authorized in the is why in the Biden bill that I intro- the cop is standing. We know that.

crime bill. duced-the original bill here, now the This is a tough bill we passed out of

(2) Adequate funding to put 100,000 more Biden-Hatch bill that passed here-we the Senate to provide the States to

police officers on the streets of our neighbor- included the largest ever expansion of hire 100,000 new cops. There are now

hoods and local communities in community the Federal death penalty to cover only 544,000 cops in all of America. So

policy programs. some 50 crimes that included over 60 we are almost increasing by 20 percent

(3) Significant funding for State and local additional penalties, primarily cover- the number of local police officers in

crime prevention programs, including pre- this bill.

vention programs specifically aimed at chil- ing drugs and drug traffic.

dren most at risk of turning to drugs and But stiff Federal penalties will not be And we should instruct the conferees

crime, as well as general drug treatment and the dam that stops the river of crime to hold fast on my 100,000 number, not

prevention programs. from flowing through our country. Far the 50,000 number the House has.

11176 CONGRESSIONAL RECORD-SENATE May 19, 1994

My motion also directs the conferees tional matters to it. He has agreed to and for other Federal law enforcement agen-

to provide sufficient funding for secure these before, so I do not think they cies.

prison facilities for violent offenders would be a problem, but I think it (8) the "Senior Citizens Against Marketing

Scams Act" as passed by the Senate;

and tougher penalties to keep violent would strengthen the motion. (9) Title 14 of the Senate bill which re-

offenders where they belong-behind One is, of course, the Senior Citizens sponds to rural crime; and

bars. Against Marketing Scams Act. (10) Section 1031 of the Senate bill which

We should be instructed that we go Mr. BIDEN. I will agree, Mr. Presi- improves training of law enforcement and

back and not come back here with a dent. provides technical automation.

conference report that does not have Mr. HATCH. Make that No. 8. Mr. BIDEN. Mr. President, let me

sufficient money in it for prison con- Then, No. 9, title 14 of the Senate make it clear. The only reason I did

struction. bill, which responds to rural crime, not include those-and they are very

I also want to help the States build which all of us are concerned about. important-in the Biden crime bill was

and operate boot camps, jails, and Mr. BIDEN. I will agree with that. the rural provision-actually, they are

other low- and minimum-security fa- Mr. HATCH. No. 10, section 1031 of all in that crime bill. I am for that.

cilities, in line with what my friend, the Senate bill, which improves the But the thing I do not want us to be

Senator DORGAN from North Dakota, training of law enforcement and pro- the least focused on here are the big

was talking about. These are for non- vides technical automation. It is basi- ticket items: 100,000 cops, billions of

violent, less serious offenders. The cally the Quantico part of the bill. dollars for prisons and boot camps, pre-

House does not have any money in Mr. BIDEN. Mr. President, I agree vention money that is real, that the

there for boot camps. You can do it at with that, as well. States can use, and the trust funds.

about 40 percent of the cost. We should Mr. HATCH. Then I certainly am They are the great-big-ticket items

stick with the Senate position to have going to agree to this particular mo- that make this a bill with real teeth in

that $3 billion in there for boot camps. tion, and I compliment my good friend it, real teeth. We can pass everything

My motion also instructs the con- and colleague for having done so. else in that bill, but if we do not pass

ferees to heed the other side of the those four things, this bill, although

MODIFICATION OF MOTION TO INSTRUCT

ledger and provide sufficient funding CONFEREES helpful, is not one-twentieth as valu-

for State and local government crime able as legislation with those major

The PRESIDING OFFICER. Does the

prevention programs, including preven- provisions. And they are in disagree-

Senator from Delaware seek to modify

tion programs specifically aimed at his motion to include those measures? ment with the House right now, so it is

children most at risk to drugs and helpful to me.

Mr. BIDEN. I will seek to modify the

crime. Again, I want the RECORD to show, so

Under the leadership of people like motion to include the three additional

measures mentioned by my friend, Sen- there is not any misrepresentation or

Senator DODD, Senator DOMENICI, Sen-

ator HATCH. I agree with him. I seek to mischaracterization when we come

ator DANFORTH, and many others on

so modify. back with the conference report-and I

our side of the aisle and on both sides,

The PRESIDING OFFICER. The Sen- thought it interesting, my friend from

we have included such provisions in the

ator has that right. The instructions Utah said or my friend from Wyoming

crime bill. They are an important and

will be so modified. said, "It's going to be a difficult con-

balanced piece of this legislation.

So, Mr. President, I hope there is no The motion, as modified, is as fol- ference." My instinct was to say, "Tell

argument about what I have just sug- lows: me about it."

I move that the conferees on the part of This is going to be a difficult con-

gested.

This crime bill is made up of four the Senate on the disagreeing votes of the ference. The Presiding Officer, who

major components. One, there is a two Houses on the bill H.R. 3355 be in- served with distinction in the House of

trust fund. Two, there are real, live, structed to insist that the committee of con- Representatives before he came to the

ference report a committee substitute that Senate, knows that in the House side

hard dollars for States to build boot includes the following measures:

camps and prisons. Three, there is in they already have appointed 62 con-

(1) The Violent Crime Reduction Trust ferees, the core conferees for the bill.

this bill 100,000 cops-100,000 cops. And, Fund to ensure that funds are available to

four, there is in this bill the Violence support the vital programs ranging from pre- But the House is very, understandably,

Against Women Act, which I also in- vention to punishment authorized in the fastidious about jurisdictional break-

cluded and that my friend from Utah crime bill. downs. So anything that affected the

has cosponsored, that deals for the first (2) Adequate funding to put 100,000 more Labor Committee or the Ways and

time in a concentrated way with the police officers on the streets of our neighbor- Means Committee, they have conferees

hoods and local communities in community assigned as well for that portion of the

abuse heaped upon women through vio- policing programs.

lence in American society, and identi- bill. It is like operating with a commit-

(3) Significant funding for State and local tee of the whole.

fies it as not a unique but an identifi- crime prevention programs, including pre-

able and clearly able-to-be-dealt-with vention programs specifically aimed at chil- Two conference bills before the last

problem. dren most at risk of turning to drugs and one, which was already filibustered to

And the last part of this bill we crime, as well as general drug treatment and death, I remember sitting in a large

passed out of here which we should prevention programs. room as the only Senator sitting there

have instructions on is to do what Sen- (4) Significant funding for the construction with waves of House Members coming

ators DOMENICI and others have in- and/or operation of- in. I felt like I was in a tag-team wres-

(A) secure prison facilities for violent of- tling match and I had no one to tag.

structed on the Republican side, as fenders; and

well as my friends on my side, and that For an hour I would sit down and de-

(B) boot camps, jails, and other low or me-

is to balance it off with general, seri- dium security State and local facilities to bate with six or seven House Members

ous prevention efforts that we know house nonviolent and less serious offenders. who were on this subcommittee. Then

work, by giving States money to set up (5) Tough penalties for violent criminals. they would leave and I would catch my

these programs which we know work, (6) A comprehensive Violence Against breath and there would be five from an-

to prevent children from moving into Woman Act, including resources to improve other committee. Because they are

law enforcement responses to domestic vio- very fastidious-I am not criticizing-

the crime and drug stream in the first lence, for victim services, for educational

place. they are very fastidious, as the Presid-

programs, and including a civil rights cause ing Officer knows, about their jurisdic-

Mr. HATCH. Will the Senator yield? of action for violent felonies motivated by

Mr. BIDEN. Yes. gender bias. tion.

Mr. HATCH. I think the Senator has (7) Funding for Federal law enforcement, So this will not be easy, but I am

a good motion here. including the Federal Bureau of Investiga- confident it will be done. Because the

I wonder if I may ask my dear col- tion, the Drug Enforcement Agency, the Jus- American people will not stand in my

league to consider adding three addi- tice Department, United States attorneys, view for any further delay. Anybody

May 19, 1994 CONGRESSIONAL RECORD-SENATE 11177

who dares filibuster a bill when it United States to convey the opposition of cerns about crime. Unfortunately, proposed

comes back, I think they are going to the Judicial Conference- legislative responses have expanded-un-

have heaven to pay from the voters That is the judges. Not just the Su- wisely in my view-the role of the federal

when they in fact go home. preme Court, the Federal courts- courts in the administration of criminal jus-

tice. The federal courts undoubtedly have an

I think that everyone has to under- to proposed legislation that would provide important part to play in the war against

stand now that these instructions for Federal jurisdiction over offenses tradi- crime, but I urge Congress to review care-

equip me to make a case. Essentially, tionally reserved for State prosecution. I en- fully the impact on the federal courts, and

they are not binding. They are not close a statement expressing the objection on the traditional balance between state and

and the reasons therefor * * *

binding. They cannot be binding be- federal jurisdiction, before adopting the

cause I cannot guarantee what the Then I received a letter directly, more expansive proposals in the crime bill.

House will do or not do. So I will com- from John F. Gerry, who is chief judge Serious consideration should be given to pro-

mit to go to the House with these in and chairman of the executive commit- viding greater assistance to the state courts

tee of the Judicial Conference of the in handling their traditional jurisdiction,

hand. But Lord only knows what we rather than sweeping many newly created

will be able to come back with. United States. He sent me a letter

crimes, such as those involving juveniles and

Mr. President, I ask unanimous con- which takes strong opposition to sev- handgun murders, into a federal court sys-

sent that the vote on the motion to in- eral provisions in the Senate bill which tem that is ill-equipped to deal with those

struct occur without intervening ac- I also am opposed to. It says: problems and will increasingly lack the re-

tion or debate immediately upon the Recent actions on a crime bill also re- sources in this era of austerity."

disposition of Senator GRAMM'S motion flected a natural response to growing con- In short, providing Federal jurisdiction

to instruct and that no amendments be cerns about crime. Unfortunately, proposed over offenses traditionally reserved for state

legislative response have expanded-un- prosecution is not a wise use of our scarce

in order to my motion, and that it be wisely in my view-the role of the Federal Federal resources.

in order to have the order of the yeas courts in the administration of criminal jus- I have enclosed a copy of a letter pre-

and nays en bloc on my motion and the tice. The Federal courts undoubtedly have viously transmitted to Congress by the Chief

previous two motions to instruct. an important part to play in the war against Justice, expressing the opposition of the Ju-

The PRESIDING OFFICER. Without crime, but I urge Congress to review care- dicial Conference to similar legislation in-

objection, it is so ordered. fully the impact on the Federal courts, and troduced in the 102nd Congress. Attached to

Mr. BIDEN. Mr. President, I ask for on the traditional balance between State and that letter is a statement setting forth the

the yeas and nays. Federal jurisdiction, before adopting the Judicial Conference position on this matter.

more expansive proposals in the crime bill. It remains an accurate statement of the Ju-

The PRESIDING OFFICER. Is there a

dicial Conference position on the proposed

sufficient second? And then reading further it says:

legislation.

There is a sufficient second. Federalization of State Prosecutions Posi- I appreciate your consideration of these is-

The yeas and nays were ordered. tion of the Judicial Conference. sues.

Mr. BIDEN. Mr. President, it is my I think we should listen to this. It Sincerely,

hope that there are not any more mo- says: JOHN F. GERRY.

tions to instruct. I do not know that The Judicial Conference of the United

there are. Essentially, what we are States opposes legislation adopted by the SUPREME COURT

Senate that would expand Federal criminal OF THE UNITED STATES,

going to end up doing-I understand

law jurisdiction to encompass homicides and Washington, DC, September 19, 1991.

why-but everyone is going to instruct Hon. JACK BROOKS,

that we be for the Senate bill. I am for other violent State felonies if firearms are

involved. Such expansion of Federal jurisdic- Chairman, Committee on the Judiciary, House

the Senate bill. I wrote it, the underly- of Representatives, Washington, DC.

tion would be inconsistent with long-accept-

ing bill, anyway. But I suspect people ed concepts of federalism, and would ignore DEAR MR. CHAIRMAN: I am writing in my

are going to come over. This is kind of the boundaries between appropriate State capacity as Presiding Officer of the Judicial

an interesting thing. It must be inter- and Federal action. Conference of the United States to convey

esting for people watching us. Essen- The addition to Federal jurisdiction of vir- the opposition of the Judicial Conference to

tually any crime committed with a firearm proposed legislation that would provide for

tially what is happening here, for the federal jurisdiction over offenses tradition-

first time in my experience in 22 years that has crossed a State line will swamp the

Federal courts with routine cases that ally reserved for state prosecution. I enclose

here, is that there is a negotiation a statement expressing the objection and the

States are better equipped to handle, and

going on, on the floor of the U.S. Sen- will weaken the ability of the Federal courts reasons therefor in more detail. I appreciate

ate right now through these motions, effectively to deal with difficult criminal your serious consideration of these views.

to try to, in effect, renegotiate the po- cases that present uniquely Federal issues. Sincerely,

sition of the Senate before we get to sit WILLIAM H. REHNQUIST.

I ask unanimous consent all three of Enclosure.

down to negotiate with the House. I am these be printed in the RECORD at this

willing to do that but I am not sure FEDERALIZATION OF STATE PROSECUTIONS PO-

point. SITION OF THE JUDICIAL CONFERENCE OF THE

any of this means a whole lot. We al- There being no objection, the mate- UNITED STATES

ready know where the Senate stands on rial was ordered to be printed in the The Judicial Conference of the United

these things. RECORD, as follows: States opposes legislation adopted by the

But I would ask Senators if they JUDICAL CONFERENCE Senate which would expand federal criminal

have any motions to be reminded that OF THE UNITED STATES, law jurisdiction to encompass homicides and

there is a unanimous consent that if Washington, DC, May 19, 1994. other violent state felonies if firearms are

they are not here by 4 o'clock to intro- Hon. JOSEPH R. BIDEN, JR., involved. Such expansion of federal jurisdic-

duce that motion, the motions will not Chairman, Committee on the Judiciary, U.S. tion would be inconsistent with long-accept-

be in order. Senate, Washington, DC. ed concepts of federalism, and would ignore

One of the things I think the Senate DEAR MR. CHAIRMAN: I write as Chairman the boundaries between appropriate state

of the Executive Committee of the Judicial and federal action.

will find interesting, and maybe people The addition to federal jurisdiction of vir-

Conference of the United States. By this let-

watching will as well, is the Senator ter, I wish to express the continuing opposi- tually any crime committed with a firearm

from Utah and I agree on this stuff. tion of the Judicial Conference to proposed that has crossed a state line will swamp the

Probably we disagree on some things, legislation that would expand federal crimi- federal courts with routine cases that states

like federalization of every handgun nal law jurisdiction to encompass homicides are better equipped to handle, and will weak-

law. and other violent state felonies if firearms en the ability of the federal courts effec-

GRAMM MOTION TO INSTRUCT CONFEREES are involved. tively to deal with difficult criminal cases

The Chief Justice recently reiterated the that present uniquely federal issues.

Mr. President, I received a letter Not only will bona fide federal criminal

concerns of the Judiciary with specific ref-

from the Chief Justice of the United erence to the Senate bill in his 1993 Year-End prosecutions suffer if the Senate's expansive

States. Chief Justice Rehnquist said: Report on the Federal Judiciary: firearms provisions are adopted, but federal

I am writing in my capacity as Presiding "Recent actions on a crime bill also re- courts, overburdened by criminal cases, will

Officer of the Judicial Conference of the flected a natural response to growing con- be unable to carry out their vital respon-

11178 CONGRESSIONAL RECORD-SENATE May 19, 1994

sibilities to provide timely forums for civil Why did I tell you all these statis- cials, local prosecutors, build local

cases. tics? For a simple reason: If we go for- prisons, hire local police, so they can

Mr. BIDEN. Mr. President, the point ward and bring back a crime bill that get this done. Do not shift it all to the

the judges go on to make is the point is enacted into law that federalizes all Federal level. I will not even take the

which we have made a number of gun crimes where the gun crosses a time of the Senate because they have

times. That is that one of the purposes State line-according to the Justice heard me too many times make this

of the Federal court system is not only Department, offenders armed with case, but I will not even get to the

to handle Federal crimes but to handle handguns at a State and local level issue of the notion of federalism and

very complicated criminal actions, committed over 900,000 violent crimes the proper allocation of power within

major stings, major drug cartels, major in 1992-if the provision in the bill that the Constitution envisioned by the

moves on the mob and so on. And one Senator GRAMM wants to instruct us to founders. I will leave that for another

of the things everybody says, either di- keep prevails, that makes eligible day.

rectly or by implication here, is the 900,000 cases that are not now in Fed- But for a lot of reasons, not the least

Federal system is working pretty well. eral court to be eligible. of which is the National District Attor-

Nobody is in here worrying about the Obviously, they will not all get neys Association, a group that is

Federal system. Federal judges work, caught. Obviously, they will not all be quoted often on the floor-and I have

the judiciary works, the Federal prison brought to Federal court. But 900,000 great respect for them-who is opposed

system is by and large working. The would be eligible. Keep in mind now, to the racial justice provision and

Federal prosecutors are working. The for the last 36 years, adding up every other provisions, they also oppose this

Federal FBI, and DEA, and Federal criminal case tried in the Federal provision of the crime bill that I am

agencies are doing their jobs. courts, there are only 1.3 million. So in being sought to instruct to keep in the

Now what the judges are saying is 1 year, we are making more cases eligi- bill.

you come along and take the bulk of ble when States already have jurisdic- I see two of my colleagues are on the

the crimes that are committed by tion, and we are providing somewhere floor. They have to get their provisions

street gangs and punks, serious crimes, around $15 billion to $20 billion to the in.

and put them into the Federal courts States in Federal money in this bill to I have one more thing before I yield,

which only have 5 percent of the re- deal with their local crime problem, and I will not take the time to read

sources to handle 95 percent of the and we are going to put these into Fed- this. Senator HATCH, in his comments,

crimes, you end up with real problems. eral court? made reference to the impact of the

For example, nationwide there were You know what will happen, Mr. Brady law. I ask unanimous consent to

544,309 State and local police officers in President, whether it is in your State, print in the RECORD a copy the Thurs-

1992. Federal police, DEA, FBI, U.S. whether it is in Denver or Boulder, day Final Edition of the Washington

Marshals and Border Patrol total wherever it is. Prosecutors are going to Post, a story that reads:

20,400; 20,400 versus 544,000. We are send them to the Federal level. In the first month of the B-ady operation

going to add 100,000; so versus 650,000 Again, we have something that * * * a national 5-day waiti:g period and

local cops. works. The Federal system works. You background check has prevented handgun

Why are we moving them into Fed- purchases of at least 1,605 people, including

did not hear anybody on the floor of

eral jurisdictions? The way to deal fugitives and felons convicted of armed rob-

the Senate complaining about the Fed-

with these crimes is to put more cops eral system. Go back to President bery, murder, and manslaughter, according

on the street. That is why we are going to preliminary statistics from 15 States and

Reagan. "If it ain't broke, don't fix it." cities.

to spend $9 billion to put more cops on

The place we should fix is the State Forty-four fugitives or persons facing out-

the street. Local cops. At the State and

system, and we provide money for standing warrants were denied guns, includ-

local level there are over 23,000 pros-

them to do that. ing one South Carolina man wanted for sex-

ecutors trying criminal cases. At the ual assault who was arrested in the gun

So on the Gramm instruction-Sen-

Federal level there are 3,000. store.

Do you realize that the district at- ator PHIL GRAMM, of Texas-I really

torney's office in Philadelphia, PA, think that for us to insist that there be I also ask unanimous consent that a

handled more criminal cases last year concurrent jurisdiction, up to another USA Today article dated April 15, 1994,

than the entire Federal system? One 900,000 offenses, just because a gun was "Bonus: Background Check Turns Up

DA's office, than the entire Federal used, seems to me to make it very dif- Criminals," be printed in the RECORD.

system. ficult for any Federal prosecutor to sit There being no objection, the mate-

Federally, the judges, there are 9,600 there and decide what case he or she is rial was ordered to be printed in the

State trial court judges to hear felony going to handle. They will be swamped RECORD, as follows:

and serious misdemeanors. In the en- with cases that now go before the [From the Washington Post, Mar. 31, 19941

tire Federal system there are 629 dis- court. BRADY LAW APPEARS TO CAST EFFECTIVE

trict court judges to hear these cases: Let me be a little cynical, if I may, NET; EARLY FIGURES SHOW HANDGUN SALES

629. and hopefully my cynicism is not well DENIED TO FUGITIVES, FELONS

Let me do two more statistics. In founded. In local communities where (By Pierre Thomas)

1992, there were 48,366 criminal filings they are having serious budget prob- In its first month of operation, the Brady

in the U.S. district court. That same lems and they have increases in crime, law, a national five-day waiting period and

year, there were 4 million criminal fil- what do you think they are likely to do background check, has prevented handgun

ings in State courts of general jurisdic- when, in fact, their case load is high? purchases by at least 1,605 people, including

tion. That means that felonies and se- Do you think they are likely to go fugitives and felons convicted of armed rob-

back to their mayor or their county ex- bery, murder and manslaughter, according to

rious misdemeanors, 82 times as many preliminary statistics from 15 states and

as in Federal or State court. Indeed, ecutive or their Governor and say, "We cities.

between 1955 and 1991, a total of 1.3 mil- need more prosecutors," or "We need Forty-four fugitives or persons facing out-

lion criminal cases were filed in the more judges, in addition to the billions standing warrants were denied guns, includ-

Federal court system, U.S. district of dollars the Federal Government has ing one South Carolina man wanted for sex-

courts. already sent us"? Or are they likely to ual assault who was arrested in the gun

So in 36 years, there were only one- say, "No, we're not going to move this. store. Gun control supporters lauded the

third of the number of cases filed in Let the Federal Government move it." early statistics as a definitive, but conserv-

Federal court as there were in any 1 It seems to me the way to do it is the ative, indicator of the law's effectiveness.

Opponents, meanwhile, called it a mean-

year in the State courts. And today, way we have done it, Mr. President; ingless infringement on the rights of law-

there are about 1.3 million prisoners in and that is, to send those localities abiding citizens. The National Rifle Associa-

State jails, in county jails; 84,000 in who need help-and they do need help- tion is supporting lawsuits in Texas, Ari-

Federal jails. send them the money to hire local offi- zona, Montana and Mississippi that argue

May 19, 1994 CONGRESSIONAL RECORD-SENATE 11179

the Brady law is unconstitutionally vague [From the USA Today, Apr. 15, 1994] struct the conferees to follow its con-

and violates the 10th Amendment because it BONUS: BACKGROUND CHECKS TURN UP tents.

encroaches on the authority of states. CRIMINALS The PRESIDING OFFICER. The

Gun control proponents said the early evi- (By Debbie Howlett) clerk will report the motion.

dence clearly shows criminals routinely Five days after the Brady handgun law The assistant legislative clerk read

walk into gun stores and attempt to buy went into effect, Robert Delariva tried to re- as follows:

guns over the counter. claim his handgun at a Reno pawn shop. The Senator from New York [Mr.

"Who says * * * criminals always get their He filled out a form and the clerk entered D'AMATO], for himself and Mr. DOMENICI,

guns on the street?" asked John W. Magaw, the information on a computer for the back- moves that the conferees on the part of the

director of the Bureau of Alcohol, Tobacco ground check as required by the new law. Senate on the disagreeing votes of the two

and Firearms. "I must tell you the Brady The police showed up minutes later and bust- Houses on the amendment of the Senate to

law is breathing hope into this battle against ed him on a felony warrant for writing bad the bill H.R. 3355 be instructed to insist that

crime involving firearms." checks. the committee of conference report a con-

Magaw's comments came during a news Delariva, 46, is among an estimated 38,000 ference substitute that includes in its en-

conference on the 13th anniversary of the as- felons who've turned up in background tirety, Section 2405 of the Senate amend-

sassination attempt on President Ronald checks of handgun purchasers in the seven ment entitled "Mandatory Prison Terms for

Reagan, which left Reagan's press secretary weeks since the Brady law took effect. the Use, Possession, or Carrying of a Fire-

James S. Brady nearly dead from a gunshot Officials at the Bureau of Alcohol, Tobacco arm or Destructive Device During a State

to the head. The event helped spur a national and Firearms say they have no idea how Crime of Violence or State Drug Trafficking

gun control movement. many of the felons are arrested; most state Crime," and section 2406, "Murder Involving

"Although today is .an anniversary, on or local officials can't say how many arrests Firearm."

have been made.

which I prefer not to dwell, I must say it is Mr. D'AMATO. Mr. President, before

Still, ATF officials are pleased-and a bit

certainly satisfying that today, for the first I address the motion that Senator DO-

time in 13 years, we don't have to call for the surprised-that the ehecks are revealing so

many criminals. MENICI and I have sent to the desk, the

most basic gun control laws in the country."

Brady said yesterday of the law named for "We're nuking them until they glow at the motion to instruct the conferees to ac-

pawn shops," says Jack Killorin, ATF cept very specific language, let me talk

him. "For the first time on this day, I don't

have to remind lawmakers that we need the spokesman. "I guess they don't figure a pawn to one other issue which I am not going

shop is a federally licensed firearms dealer. to ask the conferees to be instructed on

Brady bill."

It says something about the judgment of the

Under the new law, federally licensed gun American criminal."

because the Senate voted overwhelm-

dealers are required to notify the chief law The FBI's computerized criminal informa- ingly last week, 58 to 41, that those

enforcement officer in the potential buyer's tion network has handled about 90.000 back- provisions known as the racial justice

community. That law enforcement official is ground checks a week since Feb. 28. About provisions not be accepted by the Sen-

to make a 'reasonable effort" to determine 16% of those are denied, though only one in ate.

if the buyer is a convicted felon, mentally three denials actually turns out to be a fel- I think it is quite clear what the sen-

unstable or otherwise prohibited from buy- ony matter.

ing a gun. The waiting period is to be timent of the Senate is, and I hope that

May of the "hits" turn out to be a case of those provisions will be dropped in

dropped after five years, when a national mistaken identity or a misdemeanor matter,

computerized instant-check system is sup- such as an unpaid traffic ticket.

their entirety because it is too impor-

posed to be operational. And many of the felons, such as Delariva, tant a matter to have conferees dabble

Twenty states and territories, including are minor-leaguers compared with mur- with, then come back and possibly

Maryland and Virginia, had similar or more derers, rapists, and armed robbers. jeopardize the passage of this bill or

stringent measures in effect before the na- The National Rifle Association is a leading certainly impede passage of the bill.

tional Brady law was passed. Counting que- opponent of the burden placed on local law That would be a mistake.

ries from these jurisdictions, 375,853 inquiries enforcement officials. If we are going to debate this, then

about gun purchasers have been made to the The NRA is financing five of six federal let us debate it fully as to what should

FBI's computerize criminal information net- court challenges to the Brady law brought

work. Of those, 23,610 have been identified as by county sheriffs. or should not be, to see that there is no

possible felons, ATF officials said. On Wednesday, John Arnold of Fort Wal- discrimination, that the laws apply

At least 60 persons, primarily fugitives, are ton Beach, Fla., became the first person con- equally. There is not one Senator in

being prosecuted for violations of federal victed under a lesser-known provision of the this Chamber, Republican or Democrat,

firearms statutes, Magaw said. The bureau Brady law that makes it a federal crime to who would disagree that we want to see

has not started systematic arrests of persons steal a weapon from a licensed gun dealer, he that the laws are applied fairly and

in probable violation of the law, he said, not- faces up to 10 years in prison. equally as it relates to the imposition

ing available ATF resources were being used Mr. BIDEN. I yield the floor. of all penalties, and certainly the death

to assist local and state departments in ad- Mr. STEVENS. Mr. President, I ask penalty.

ministering the law. After more study there unanimous consent that I be recog- But to trivialize it in such a manner

will be "follow-ups," he said. nized in morning business to make a without full debate of this body and to

'The Brady law saves lives," said Rep. short statement and to introduce a have this body then have to accept

Charles E. Schumer (D-N.Y.). "The results of joint resolution. that on the basis of there being no

Brady are outstanding, but not surprising."

The PRESIDING OFFICER. Without hearings-no hearings that were con-

NRA officials had a decidedly different

view, staging a counter-news conference just

objection, it is so ordered. ducted on this issue, no debate but,

before the ATF media event.

Mr. STEVENS. I thank the Chair. rather, to take it because the House on

(The remarks of Mr. STEVENS per- a very close vote, 216 to 214, accepted

"The numbers are misleading," said Rick

Sellers, chairman of the NRA's Criminals

taining to the introduction of S.J. Res. it, that would be a mistake. That

Cause Crime Coalition. "The Brady law 194 are located in today's RECORD under would be wrong.

doesn't focus on criminals. They are not "Statements on Introduced Bills and I hope the conferees understand that

going after criminals. They are bothering Joint Resolutions.") notwithstanding that this Senator is

citizens." Mr. STEVENS. I thank the managers not going to ask for a motion to in-

The NRA's tactics and lawsuits drew sharp of the bill and the Chair. struct that they delete all of those pro-

words from Brady, who called the organiza- The PRESIDING OFFICER. Who visions, they not try to come back with

tion and the gun lobby the "Evil Empire." seeks recognition? some pablum and say, well, we have

The group "is trying to win back in the MOTION TO INSTRUCT CONFEREES dropped out the retroactivity part of

courts what they lost on Capital Hill," he it. That is not going to be sufficient.

said. "This is more than ridiculous, it is

Mr. D'AMATO addressed the Chair.

downright dangerous * * * . The NRA should The PRESIDING OFFICER. The Sen- This Senator will then be forced to op-

be ashamed." ator from New York [Mr. D'AMATO]. pose the adoption and move that we re-

No, said the NRA's Sellers. "The Evil Em- Mr. D'AMATO. Mr. President, I rise commit it to conference. I do not think

pire is the handgun control and criminal sup- to send a motion to the desk on behalf it would be helping the justice system

port lobby." of myself and Senator DOMENICI to in- to have us in a needless delay.

11180 CONGRESSIONAL RECORD-SENATE May 19, 1994

Mr. President, the motion which I ernments and court systems are broken There are 200,000 gun cases. They are

offer to instruct the conferees, sent to down, where they do not have room for not going to take them all. But if you

the desk on behalf of Senator DOMENICI these people, then why not say it? Why have a local Federal prosecutor who

and myself, is one that has been voted do we not have the courage to say if wants to help the local district attor-

upon by the Senate and passed by a you use a gun, we think it is so impor- ney, he can. We are not trying to

margin of 58 to 42. tant if you use a gun in the commis- trivialize the Federal courts. They are

My colleagues have repeatedly com- sion of a crime, 10 years in prison-10 important. I think they should be in-

mented that this is one of the toughest years. Does it make sense? Sure. volved in the most important battle for

crime bills they have ever seen. I really What we have is the judiciary saying, civility in this country. We are losing

want to keep it that way. I want to see "You are going to flood our courts." I that battle. We are losing that battle.

to it that we are not just giving it lip could not give a darn. I could not give I think it is worthwhile. I tell you,

service and rhetoric. a darn. Tell that to the people who are OMB has drafted some figures here.

The fact is, Madam President, there dying out on the streets: "Oh, that is a They say the courts only have to take

is very little in the way of new money local matter," they say. What we are 2,300 of those cases.

to do what we are talking about. We doing is trivializing this whole matter Again, I think that this is something

talk about building regional prisons. of crime. that the people are crying out and

There is no money to do that. There is Oh, it is great political rhetoric. We yearning for. It is for domestic tran-

very little money if any. And my dis- take a poll. We find out people are seri- quility, so they can live without fear

tinguished colleague and ranking mem- ous. We have to do something. And that they or their families or their

ber of the Budget Committee will talk what do we do? Pablum. Oh, we are loved ones will be victimized by this vi-

to that. But I do not know where the tough. So we pass all these death pen- olence. And you are never going to get

money is going to come from to hire alty provisions. You are a chicken in- this under control unless and until peo-

the 100,000 police officers. And now we spector and you get shot and they go to ple understand that we are serious

understand it is going to be somewhat jail, or a postal inspector, or you com- about using a gun to commit a crime.

less than 100,000. mit some exotic crime, those are not I do not give two hoots and a holler

So this bill, for all of its good provi- the crimes that are savaging cities. about whether you register it. But if

sions, has a lot of rhetoric in it and it (Mrs. MURRAY assumed the Chair.) you use it in the commission of a

does not do very much. Mr. D'AMATO. What about the guy crime, by gosh, you ought to go to jail,

Now we get into the subject of licens- who gets a gun, goes across the State and you ought to go for 10 years.

ing guns. We say that is important. line, comes in and holds up the mom Mr. BIDEN. Will the Senator yield

Somehow that is going to stop crime or and pop and shoots them? And then he for a question?

it is going to cut down on crime. plea bargains, plea bargains, because Mr. D'AMATO. Certainly.

Look, I would like to know why and the courts over here do not have room, Mr. BIDEN. I ask my friend from

how it is, the logic of having a bill that they do not have capacity, no prison New York, the Senator on the one hand

contains new provisions for the control space. Why should the prosecutors says-I think he is right-that the

of guns when the ultimate control we prosecute? Why should that not be a States and localities, for whatever rea-

need is on the use of a gun. The thing Federal crime? Why should we not do sons, have not met their responsibility.

that people are crying out for is safety. that? This is No. 1.

They are saying my kids are being sav- I tell you something. In New York No. 2 that if we send them the money

aged; we are being held hostage in our they could certainly use that help. I to handle these additional cases, and

own homes; our neighborhoods are not would like to see the district attorney also to hold people more accountable,

safe. Forget about going to the parks. who would turn it down when he has an keep them in jail, instead of the hor-

Forget about using mass transpor- overcrowded calendar, overcrowded rific statistic that I just heard-that

tation in the off-peak hours. We want courts, overcrowded prisons. And that violent crime with a gun, 1.3 years in

some civility. is why they have the average person in New York City or New York State-

So what do we do? We pass gun reg- New York who commits a robbery with that if we send them the money, I

istration provisions. The only ones who a gun getting a year and three months. think his quote was the "exigencies of

are going to listen to the gun provi- That is all he serves. What do you politics" will result in it not being

sions are the law-abiding citizens; they think happens? He is back out on the spent to do that.

are the ones who are going to go out street. He is doing the same thing. So that leaves, it seems to me, only

and get fingerprinted and do so 7 days We can say all we want that it is a one choice. If we take on this respon-

ahead of time. The crooks and crimi- local responsibility, but you know sibility at the Federal level, we have to

nals are not going to do this. what? They are copping out. They are meet the need. Is he willing, as I cal-

What about the guns coming over not doing it. They do not have the culated, to join with me in a piece of

State lines? Ninety percent of the guns money. They do not have the re- legislation that will quadruple the

used in violent crimes cross State sources. They do not have the appro- number of Federal judges so that we

lines. And I daresay that 99.9 percent priations. That is a fact. That is a fact have 2,800 Federal judges instead of

will never be registered. Do we forget in New York. slightly over 700 Federal judges, and

about those? If we are going to say it is I think it is a fact that most of our quadruple the number of Federal attor-

a crime if you do not register a gun, major urban centers-we say, "If it neys, prosecutors, and quadruple the

and the Federal Government mandates ain't broke, don't fix it." I agree. But budget of the FBI? Just leave those

this, regardless of States rights, then it is broken. Our local court systems out. Just leave prosecutors and judges.

why not protect the people of this are broken, and we are not going to Because, even if only 100,000 additional

country and why not say if you take a give them the money to fix them. If we cases go to the Federal court system,

gun across State lines and use it to give them the money, the exigencies of even if only 30,000 additional cases re-

commit a holdup, kill somebody, that politics being what they are, they will sult out of the 900,000 offenses commit-

the Federal courts will have jurisdic- not direct it to the right areas. And we ted with a gun, even if only 30,000 get

tion as well. Why not say if you are have to say, "You commit a crime with sent to the Federal level, that will

going to come over and rob somebody, a gun, 10 years. You shoot the gun, 20 mean that criminal cases in the Fed-

shoot down a little merchant, whether years. You kill somebody, the death eral courts will almost double in 1

it be here in Washington, DC, or in New penalty." Now you are talking seri- year.

York City or in the hamlets and by- ously. Then we will see whether we can Right now the entire criminal docket

ways of our great country, that it is a get this great, august, group of the filings in the District courts, all of the

Federal responsibility to provide for Congress to begin to put up the money District courts, in the Nation, Federal,

the domestic tranquility and local gov- to back up these actions. is 48,366. Even if only one-sixth-it

May 19, 1994 CONGRESSIONAL RECORD-SENATE 11181

would be less than that-900,000 eligi- going to cost money. My gosh, if we get to enhance the court system, as the

ble, 30,000 go and get prosecuted, get these violent predators off the streets, Senator from Delaware points out-and

filed in the Federal court, you are al- we cannot invest money in a better I happen to agree with him that we are

most doubling the number of criminal way. Forget the rest of this nonsense; going to have to, maybe not quadruple,

cases. Federal courts have to try. if we spend money on programs, that but double the judges in my esti-

As we all know-because the Senator the people would gladly say, "Cut them mation, and the prosecutors-where

knows the banking area better than I out, if you are going to make a safer are we going to get the money?

do, knows the security industry better place for me and my kids to live." It is not just the salaries of the U.S.

than I do, knows the white-collar crime That is what this Senator is advocat- attorneys, the judges, and the U.S.

area better than I do in terms of what ing. marshals. But you have to have, as you

needs to be done-the lawyers in New Mr. BIDEN. Will the Senator yield said, the prisons, you have to have

York, Wilmington, Washington, Wash- for a unanimous consent request? courthouses, you have to have trans-

ington State, and the State of New Mr. D'AMATO. Yes. portation. We are talking about bil-

Mexico are saying their civil cases are MOTION TO INSTRUCT CONFEREES lions of dollars.

not getting heard because of the crimi- Mr. BIDEN. I have a unanimous-con- The money is not there, and the

nal docket. We are going to double at sent agreement that has to be made be- problem is that we do not have the

least the criminal docket, and we are fore 4 o'clock. It will only take 30 sec- courage here to vote for the money. We

not going to add any judges. onds. It relates to an agreement I made cannot cut the space station. We can-

So I would suggest that if we end up with my Republican colleague on a mo- not cut defense any more. We cannot

doing this-which I do not think is the tion to instruct that I agreed to accept. cut whatever else somebody feels im-

way to go, based on the principle of But I am told it was never sent to the portant here, Star Wars or what have

federalism-I want everybody to know desk. It must be done by 4 o'clock. you. We will not raise taxes, when it

who votes for it that I am going to be I send a motion to instruct the con- comes down to it, somewhere at some

back here asking the number of Fed- ferees, a motion to instruct, submitted time.

eral judges to be increased to close to by Senators HATCH, SIMPSON, DOLE, and I will not be here next year when it

3,000 and the number of Federal pros- BIDEN, and I ask for its immediate con- all comes down. But you all will have

ecutors to be. Right now the total sideration. to vote to raise some revenues. You

number of Federal prosecutors we have The PRESIDING OFFICER. Is there will have to raise some revenues if you

in the United States of America is objection to setting aside the preceding really want to, in my judgment-and I

3,000; total number in the entire United motions? generally ask the Senator. Does he

States of America. That is what we Without objection, it is so ordered. agree that we have to have some

have. The motion to instruct conferees is money, and it may mean some taxes, if

So if we just increase by 30,000 the as follows: in fact we cannot cut entitlements, we

number of criminal cases, as a con- Mr. HATCH, Mr. SIMPSON, and Mr. DOLE cannot cut the space station, or any-

sequence of this, and there are 900,000 move that the conferees on the part of the thing else? I do not see how else you

cases eligible-we just increase by Senate on the disagreeing votes of the two protect the people of this country with-

30,000-right now that gives every one Houses on the bill H.R. 3355 be instructed to out spending some money, either from

of these prosecutors out there a signifi- insist that the committee of conference- cuts, which, yes, we pay for or cannot

cant additional burden. So I would (1) hold all meetings in one of the following do, or taxes. Otherwise, we are not

think we would have to move some- rooms: going to do it. Would the Senator

(A) SR 325;

where around 9,000 or 10,000 prosecu- (B) SH 216; or agree?

tors. (C) SD 106; Mr. D'AMATO. Let me answer, and

Mr. D'AMATO. I might suggest that (2) ensure that all of the meetings of the then I will yield to my colleague from

those numbers are way out of propor- committee are open to the public and the New Mexico for a question.

tion. We have a graph from OMB, and print and electronic media; and You say there is no doubt that we are

it indicates that possibly there would (3) hold all meetings during reasonable going to need additional resources-

be something like 2,300 cases. Let us hours at times when the Senate is in session. money. We say "resources." We do not

suppose we took on 30,000 cases. Mr. BIDEN. Madam President, is the want to talk about money. We need

Mr. BIDEN. Will the Senator put motion adopted? I urge the adoption of more money. If you are going to suc-

that in the RECORD? I do not doubt the the motion. I ask unanimous consent cessfully engage the battle against the

number. I just wonder how they got the that the motion be agreed to. career criminals, against the people

number. The PRESIDING OFFICER. Is there who are ravaging our cities, our States,

Mr. D'AMATO. We will put this in objection? Without objection, it is so our communities, our neighborhoods,

the RECORD. ordered. The motion is considered, and all the rest of this business, and even

But let us assume you took 30,000 vio- agreed to. this crime bill, which has wonderful

lent cases, and you are going to take Mr. BIDEN. I yield the floor. provisions, you do not have the money.

the important part of the cases that Mr. D'AMATO. I do not know if I So this Senator says let us create a

locals do not have the capacity, or have to ask for the yeas and nays. But situation where we are forced to allo-

want to share with the Federal Govern- before yielding to my distinguished cate the resources. By gosh-and I

ment. In many cases you are going to colleague from Arizona, may I ask for want to tell you something. If it means

have local prosecutors who are des- the yeas and nays? we have to cut some good programs,

ignated as special prosecutors. That is The PRESIDING OFFICER. Is there a you will see that the people will say,

done oftentimes. sufficient second? "Yes, if you are going to put the

Second, the convictions in these There is a sufficient second. money in and really make a safer com-

cases, in most cases under the Federal The yeas and nays were ordered. munity, and we are going to take the

rules, are much easier. Mr. DECONCINI. Madam President, predators off the streets and keep them

Third, let me say as it relates to the Senator from New York raises real- off the streets." You had better believe

what the judges-whatever the increase ly what I think is the crux of the prob- they will support that. I would support

in judges is necessary to keep our judi- lem, not so much in his resolution it if it means increasing revenues,

cial system from breaking down, this which I see no problem for voting for, taxes. If we are going to apply it to

Senator will vote for it. The same with because I voted for it before, and he really going after criminals and lock-

the prosecutors, the same with prisons. knows how I feel about it. So I under- ing them up and prosecuting them and

Let us take some of the abandoned stand the resolution. seeing to it that the system works, I

bases that we have and begin to con- But the point is we need some more would vote for that. But I am not going

vert them into regional prisons. It is money. Where do we get it? If we start to vote to increase taxes for more so-

11182 CONGRESSIONAL RECORD-SENATE May 19, 1994

cial programs. I will not do that, be- sources? And that means, as the Sen- cause there is nothing in this bill that

cause the people will not want that. ator from New York says, taxes. Is that says we are going to help with the

We have been kidding the people. We not what we are talking about? crime that is occurring on the streets

have abdicated our responsibility be- We ought to go to the people and say: and in the manner that I have de-

cause we have seen the neglect, benign Folks, the reality is we cannot get the scribed, that you have described, and

neglect, taking place in urban Amer- money from the cuts. We can talk that the Senator from New York has

ica, but it has happened. We have an about it and wish, but I think the Sen- described.

obligation to do something. ator will agree that we are not going to So it seems to me that this amend-

I yield the floor. get it from cutting down there-only if ment, adopted overwhelmingly in the

Mr. DOMENICI. Madam President, I we are going to raise taxes and put Senate, if it comes back out of con-

say to the Senator from Arizona, I sug- that money in a trust fund that will go ference sends one final, good, positive

gest after the adoption of the D'Amato- to pay for the judges and prosecutors. signal to the people of this country. It

Domenici amendment, now the subject Does the Senator agree? says: Yes, we are going to build more

matter again of this motion to in- Mr. DOMENICI. No; I do not, Madam prisons; yes, we are going to help our

struct, the Senator from New Mexico, President. I understand my good friend States if they want to join us in joint

in this crime bill, put an amendment from Arizona was a prosecuting attor- prison construction. But it also says

together recognizing that if this be- ney-not at the Federal level-and he the U.S. attorneys and Federal judges

came law, there would be some addi- understands a lot about this. Let me have the jurisdiction-that means au-

tional money needed by the Federal ju- suggest that if, in fact, the trust fund thority-to go after the violent crimi-

diciary and Federal district attorneys. stays in the bill, and the chairman of nals who are using guns that have been

We authorized an additional $1.25 bil- the committee that is going to con- transmitted in interstate commerce in

lion over 5 years in this body; it was ference told the Senate before lunch the commission of a crime and man-

accepted. Let me tell you where the that it would, I gather that the $22 bil- date some sentences for them.

money will come from. First of all, the lion, taken out of the capped amount- Frankly, I think it is a slight ray of

judiciary got $280 million; the Justice that is the way it reads: You take it hope. It is a ray of hope that we are

Department got $575 million over 4 out of the money available to all these going to do something rather than

years; the FBI got $230 million; the committees, and essentially you cut leave it all up to the State attorneys,

U.S. attorneys got $140 million. them by $22 billion over 5 years and put to the district attorneys, to the courts.

Frankly, when we did this, before us it over here in a trust fund just to be I visited all of the justices of our dis-

was a trust fund. The trust fund was used for this. Frankly, is that going to trict courts, and I saw all 18 in the city

$22 billion. It was set aside for crime happen, even if the trust fund is adopt- of Albuquerque. They are befuddled

prevention under this bill. That is the ed? with the caseload. They are over-

way the language read. This bill is the It looks like Chairman BYRD is fol- whelmed with the number of juries,

subject matter of this motion to in- lowing it for the first year. It looks overwhelmed because our State prison

struct. Frankly, I will tell you that I like there is $2.4 billion in budget au- will not hold enough of them. And they

do not think you can get out of that $22 thority, and about $700 million in out- are saying, "What are you all going to

billion, with everybody's wish list-$1.2 lays you might attribute to the trust do about it?"

billion to enhance the capability of the fund. I do not know, if the trust fund is They want help, and "I hope that in

Federal criminal judicial system-un- in place, what we are going to do the this bill, we help them. I think we

less you can go before the subcommit- second year. It is the law. It says the ought to help them with this approach.

tee that puts the money up and say we caps have been reduced and moneys Mr. DECONCINI. Will the Senator

have just built into the law of the land, taken out of all those discretionary ac- yield?

finally, a really effective tool for the counts, taken out and put in this trust Mr. DOMENICI. I am pleased to

U.S. attorneys and U.S. judges and U.S. fund. So when you spread the money yield.

juries, to put some of those commit- around, you have already cut effec- Mr. KERREY assumed the chair.

Mr. DECONCINI. Mr. President, the

ting violent crimes with guns in jail. tively $22 billion, and they will have to

Senator from New Mexico is talking to

I believe if we pass that jurisdic- struggle as to what programs they cut.

the choir here. The Senate already

tional change, we would find this I want to make a point about what

the American people have finally ar- passed this by 58 or 60 votes.

money within the $22 billion. Mr. DOMENICI. The House has not.

Mr. DECONCINI. Will the Senator rived at in their minds after discus- Mr. DECONCINI. The House has not.

yield for a question? sions about a crime bill since last No- To me, it is an insult to the con-

Mr. DOMENICI. Can I make my case vember. They have finally come to the ferees, in a way, and to the chairman-

for this and then yield to the Senator? conclusion that the U.S. Government, maybe he does not feel that way-that

Well, I will yield now. its courts, its juries, its U.S. attorneys, we are going to go in there and give

Mr. DECONCINI. Madam President, and its new laws, have very little, if this away. I anticipate to be a conferee.

the Senator raises the point-and the anything, to do with the crime and vio- I am not going to give it away. I may

only question I have is he believes, and lence going on in their streets, in their be voted out; maybe I will be voted

I do not agree with him-that if we had schools, in their subdivisions, in their down.

this mandatory sentencing and the shopping centers, on the mass transit If there is someone here who thinks,

things he is talking about, we in that systems, and in cars that drive up as to the message sent by the Senator

Appropriations Committee would come alongside each other. I read in the from New York, we want to say ditto,

up with that $1.4 billion out of the paper that a man barely had a grin on fine; let us not stand here and say we

State, Justice, Commerce subcommit- his face when he drove alongside an- have not done anything. We might not

tee on which you are the ranking mem- other car, and the occupant of the be able to cure the crime problem in

ber. I do not think we would do it, be- other car did not like it, so he just shot the neighborhoods and shopping cen-

cause we will not cut foreign aid to him. ters, but I think the body went on

Russia; we cannot cut these aids any- Will they finally come to the conclu- record with a decent crime bill.

place else under foreign operations; sion that we have nothing whatsoever Mr. DOMENICI. I did not imply we

you are not going to cut the State De- to do with any of that? That is why did not.

partment; you have not hired an FBI many of them are saying crime is the Mr. DECONCINI. I get the feeling

agent for 2 or 3 years. big issue. Is the Federal Government here we are going to sell out over here,

So my point is: Is the Senator not going to do anything about it? They and in the conference we are going to

really saying that if we do not have the are beginning to say, well, we do not sell out to everybody there. I hope we

will to cut-which we do not-the only know. It is not because they think we do not get a crime bill if, in fact, we

way to get revenue is from other are not going to pass this bill. It is be- sell out.

May 19, 1994 CONGRESSIONAL RECORD-SENATE 11183

Mr. DOMENICI. Will the Senator Mr. D'AMATO. Right. tempt to get the bill passed, will let

yield? Mr. DOMENICI. I tell you, if civil this provision drop and will not fight

Mr. DECONCINI. I will. dockets have to wait some more while for it. They do not really understand

Mr. DOMENICI. I still have the floor. we put 15,000 or 20,000 people away who there are some of us who really do be-

Mr. DECONCINI. The Senator still are using guns, transmitting them lieve that this is maybe the kind of

has the floor. across State lines, and shooting people, last hope we have before things get so

Mr. DOMENICI. Frankly, what I am little kids, if we have to use them and bad that we then have the cries for the

saying is that the public has not been put the civil docket off for a while, so National Guard, et cetera. In certain

hearing very much about this issue as be it. communities, I hear Congressmen and

it is presented here on the floor. They I think that is what the people like the opposition in the party, the other

have been hearing about more jails and to hear anyway, and like to see happen. party, calling for and suggesting that

prevention, and today we are trying to I will vote for more money for them so maybe the National Guard be brought

refocus attention on a provision in the they will not have to do it. into some communities.

Senate bill which the Senator from Ar- I yield the floor. I do not think we should try to reach

izona supported. He just indicated he is Mr. D'AMATO. Mr. President, I make that point. I think where we have the

going to support it again. He supported an observation. code of civil judicial law in the Federal

tough measures like this for a long The PRESIDING OFFICER. Does the level, that can be indicated with our

time, with additional task forces to go Senator from New Mexico yield the local people. That makes much more

after certain kinds of criminals. floor? sense than that.

I have been with him on those Mr. DOMENICI. I yield to the Sen- I know a Congressman-I am not

amendments. He has done a great job. ator from New York. I will yield the going to say who-in New York who

But what has happened is we never floor. has actually called on a number of oc-

made them law. It is nothing like this. The PRESIDING OFFICER. The Sen- casions for the use of the National

We have never put anything like this ator from New York. Guard in his community. Let me tell

in law other than illegal drugs. And be- Mr. D'AMATO. Mr. President, let me you, that is how bad things are. Are we

lieve you me, the druggies know if the say this, because I think it is impor- really going to begin to think, if you

Federal Government is involved in tant that we say this publicly. There think of the tragedy of having young

something, after that they are going to has been no greater fighter and cham- men, 18, 19, 20, and 21-year-old Guards-

jail. This sort of says the same thing. pion in the area of taking on the men out there, they are now going to

Mr. DECONCINI. Mr. President, will druggies, of involving this country on a become involved in trying to keep civil

the Senator yield? national level and on an international order? That is rampant with all kinds

Mr. DOMENICI. Yes. level, and attempting to interdict, set- of horrible ramifications. We do not

Mr. DECONCINI. This is in the bill,

ting up a special task force in our need that. We do not want that.

right?

Mr. DOMENICI. It is in the bill. housing projects in New York City, in By gosh, people have a right to have

Mr. DECONCINI. Yes. particular, which made a great dif- the Federal Government in this fight

Mr. DOMENICI. We are asking the ference and brought civility to one for civility, and I do not think some of

conferees and the Senate here tonight project that I know of, in particular. our colleagues share it. They have not

to once again confirm by overwhelming When we talk about a project, we are shared it with us in the past, and I said

vote that we want to extend the juris- talking about a large housing complex us. They have not shared with the Sen-

diction of the Federal courts a little in where thousands of people live and ator from New York the compassion to

behalf of the American people. many of them were held before we sent recognize now what is going on, and

I want to close by saying I do not in a strike force to open that place up stand up and make a determined fight

just say this on the floor. I say to my and get rid of the guys with the guns, to make a difference. They have not.

friend from New York, I had two Su- et cetera. We have been there. We have been

preme Court Justices in the Appropria- My good friend and colleague from voted down. We voted to build prisons,

tions Committee, and I say this to the Arizona, Senator DECONCINI, has done a and they voted us down. We voted for

Senator from Arizona, they were there great job. We worked together. I am more people, and they voted us down.

to seek their budgets and the budget of privileged to have worked with him, as This is a ray of hope, and we have to

the circuit courts. They were Justice he championed so many of these things say to our colleagues: We do not want

Kennedy and Justice Souter. and made a difference. you to give this up. We want you to say

They made the case that they did not I am sorry, and I do not want to be to the House: You put some stuff in

want the Federal courts-these are Su- partisan in this, that there are some in there; we put this in there. We want

preme Court Justices, entitled to great both administrations, the prior admin- this provision. We think that it will be

deference and respect-to be turned istration and this administration, who a beginning. And, frankly, my col-

into police courts, I say to my friend, do not share the sense of urgency that league said it. He said it is a ray of

police courts. my colleagues on the floor, Senator hope. It is not going to change the

So I said: "Mr. Justice, with the DOMENICI and Senator DECONCINI, have whole thing. There will be some pros-

greatest respect, is trying someone demonstrated-not rhetoric-by mak- ecutors on the local level with district

who used a pistol to shoot six kids, and ing tough decisions and finding it and attorneys, with Federal people, who

that pistol went across State lines in a making a difference. use them and have some success, and

robbery, a police court case? It was I see a lot of the work that the Sen- maybe people will catch on.

used to rob over there, and brought ator has undertaken that, quite can- And maybe, as we had in New York-

across. Now we are going to try them didly, is being paid little attention in I remember when we had our mayor,

in one of our Federal courts with a some areas almost being dismantled. I who was a prosecutor. He had Drug Day

Federal jury. Mr. Justice, is that a po- think it is wrong, and I think we are one day, and he worked it out with the

lice court case?" going to come to regret that kind of local jurisdictions. One day each week

Of course, you know, the Justice said activity. was designated as Federal Drug Day.

what anyone would say: "I did not But again I say this was across the So on those days, when drug arrests

mean that, Senator." line. It happened in the previous ad- were made, guess where they were

But some people speak about the ministration and it happens in this taken? They were taken to the Federal

Federal courts as if, if we asked them one. So it is not partisan politics. court.

to do anything in this war on crime My friend did raise a question about I have to tell you, when the druggies

that they are not currently doing, that why the need to do this. I am very found out when Drug Day was, it start-

we are going to ruin them. Is that much concerned that the conferees, Re- ed in the morning, and that afternoon,

right? publicans and Democrats, in an at- they stopped. They did not want to

11184 CONGRESSIONAL RECORD-SENATE May 19, 1994

wind up in a Federal court, because it nals are sent here. I think if we do not other hand, under the trust fund that

meant they went to prison. It did not deliver the package, that is when we creates the over $20 billion, they are

mean they had a plea bargain and they are going to be criticized by the public. cutting 35,000 police, Federal police. We

were back out on the street. I intend to do all I can, assuming I cannot have it both ways in my judg-

I am suggesting maybe there is a ray am a conferee on this bill, to stick with ment.

of hope. Maybe they will take the Fed- the Senate's position. I do not have to I have already talked to the chair-

eral guys seriously on gun crimes, rob- have a crime bill. The chairman may man. He feels very strongly that we

beries, et cetera, if they set a Federal have to have a crime bill. I do not have have to resolve that in the conference.

jurisdiction, a Federal day, and give to come back with a bill that to me So, this is not going to be an easy

some hope. does not have any community policing. conference. I do not think we should go

I do not say it will cure all. I guess I I think that is good. It does not have to the House with anything but deter-

am coming down and making this plea the death penalty. I think that is good. mination, not only on the amendment

again with my colleague, Senator PETE It does not have the racial justice. of the Senator from New York that he

DOMENICI, because I think my colleague On the other hand, I am not going to added to the bill, but on the assault

from Arizona may have hit the nub. hold out for one single thing. weapons amendment. That is an impor-

Maybe we do not feel, notwithstanding This particular point I think is right. tant amendment. There is a majority

the 58 or 60 of my colleagues in the I am glad the Senator offered it on the in this body that supports that, and yet

past who fought for this, and the con- bill. As he knows, I support it. you do not see a resolution yet to in-

ferees indicated, I think they might Mr. President, this crime bill that we struct the conferees to stick to it.

care so much with the overall of poli- have before us is, I truly believe, the I think the reason is because those of

tics of the crime bill that they lose the most comprehensive crime bill that us who want the assault weapons bill

passion to say: By gosh, let us try to has passed the Senate in my short term in, we want to get down to business. We

make a difference. I do not say that to here of 17 years. It is not going to cure want to sit down and start working and

my colleague. I know he has been the problem. It is not going to make trying to grind out a bill.

there; he has done it. But for some of safe streets in Phoenix and Tucson and I think the chairman of this con-

our colleagues, that is a question. Flagstaff, AZ, by passing this bill and ference is one of the most able Mem-

I yield the floor. having the President sign it. bers of the Senate. He is a good match

The PRESIDING OFFICER. The Sen- The Senator from New Mexico raises for the House conferees. He is not one

ator from Arizona is recognized. the point, or perhaps the Senator from that gives in. He is not one that takes

Mr. DECONCINI. Mr. President, I New York as well, are we going to pay every amendment on the floor. You

thank the Senators, both from New for it? We set up a trust fund. There know how many of these we voted on

Mexico and New York. We have worked has been criticisms of trust funds be- during this crime bill.

on a number of things, and I thank the fore around here, as we all know. We And we know stories here of other

Senator for the compliments. use them some when we think it is con- chairmen who just say, "Come on. I

But the Senator from New York, par- venient and then they are good and will take your amendment," and then

ticularly up in his State, and serving other times they are criticized. give it away.

on the Treasury-Postal Committee The point is, I think this is a valid Not Senator BIDEN. Sometimes he

that deals with that area of customs trust fund. At least it sets aside the even opposed a few of these. But I have

and ATF, played a major role in that money. seen him in the past go and fight with

task force, as did the Senator from It is going to be up to the appropri- those conferees, stay up late at night,

New Mexico, in getting those des- ators to come up with that money out say "no bill" because he would not give

ignated in the drug strategy. of these caps without raising the caps. in.

My talking here, I hope, is not inter- Now, that is not going to be easy. It is And so I think it is only appropriate

preted by anybody, nor the Senator not going to be easy at all. I do not that we vote on this, get it done, get it

from New York, thinking I think he is know where we are going to get the to the House, get the conference start-

not sincere. I know he is sincere. What money. But, in the long-term, if we are ed, and see if we cannot put together a

bothers me is we are being in con- going to have a trust fund of over $20 bill. I believe we can.

ference, and it really bothers me, and I billion over 5 years, it seems to me we I yield the floor.

have to tell my friend on the other side are going to have to raise some reve- Mr. GORTON addressed the Chair.

of the aisle that it troubles me, we are nues or what is going to happen is we The PRESIDING OFFICER. The Sen-

not over there now confronting those are not going to fund whatever we ulti- ator from Washington is recognized.

who may want us to pass a soft crime mately pass on the crime bill, whether Mr. GORTON. Mr. President, among

bill. The sooner we get there, the soon- it is 75,000 community police or 110,000 the provisions of the Senate bill are

er we are going to know, and the soon- community police, because we are not those contained in sections 841 through

er you are going to know, because Sen- going to do it. 844 of title 8 of the bill having to deal

ator HATCH from Utah and others are Another thing I am very pleased the with sexual predators.

going to be there and they are going to chairman from Delaware has indicated During the course of the debate on

be arguing for a tough crime bill. And to me. There is a sense-of-the-Senate this proposal last fall, I offered that

it is going to be part of the public pres- provision in this bill that we will not, amendment, paralleling the provisions

sure. as a Congress, reduce overall law en- of a statute of the State of Washington

That is what I think is there. forcement. Because the problem of add- which deals with a peculiar short-

My problem is, you know, I hope we ing community police and then reduc- coming in the way in which our crimi-

do not spend too much time here, be- ing Federal police is really ludicrous. I nal justice system operates.

cause I could offer an amendment. I think it is very vital here that we not Sexual predators are, fortunately,

could become a convert on the assault let that happen. Because if that hap- frequently apprehended and frequently

weapons ban. This body adopted it. I pens, we are subject to severe criticism convicted. They do not, generally

hope we do not give that away. The that we in the Federal Government are speaking, get sentences of such time

House does not have it in there. The augmenting the police. that will take them simply out of an

Senator from New Mexico may hope And the effort to bring order to the age in which they are likely to engage

that we do give it away. Federal system through the FBI, DEA, in sexual predation.

But there are a lot of strong feelings ATF, Customs, and what have you is Very few of our criminal justice ex-

here that this is a tougher bill and we not going to be easy to do. Because the perts feel that many of them actually

ought to move ahead with this bill and administration, on one hand, wants can be rehabilitated. And so, more

I hope we can do that today. Because I 100,000 police and we have created a often then not, they are released to the

think we are losing time. I think sig- trust fund to try to fund it. On the community and far more often than

May 19, 1994 CONGRESSIONAL RECORD-SENATE 11185

not they are recidivists. Often when peat sexual predators must be as high a Senator MOSELEY-BRAUN, or her des-

they go to communities in which they priority as we can come up with. There ignee, 1 hour each; and two relevant

are known, they strike fear into the are many, many victims of these ac- amendments by Senator WOFFORD, or

hearts and the minds of many of the tivities. They are usually defenseless his designee, 1 hour each; that all

women and children of our society. And victims, and so frequently they are vic- times be equally divided in the usual

yet, more frequently than not, when tims of people who already have crimi- form; that no motions to recommit be

they are released, there is no notice of nal records and who have been re- in order; that all first-degree amend-

that release and the first notice that it leased, unknown to the community, ments must be offered by the close of

has taken place comes with the first of- back into that community. business Monday, May 23; that no votes

fense in another series of sexually pred- What we would do by these provi- occur prior to Tuesday, May 24 at 2:30

atory activities. sions would be to take a statute and p.m. and that when these amendments

The legislature of the State of Wash- make it national in nature. We could are disposed of the bill be read a third

ington relatively recently passed a cause release across State lines to be time and a vote on passage of the bill

very wide-reaching sexual predators recorded on law enforcement comput- occur without any intervening action

law, one part of which actually allowed ers. The FBI would keep a record of or debate.

certain evaluations of these individuals those in Federal custody. States would The PRESIDING OFFICER. Without

and their retention in confinement if notify other States when predators had objection, it is so ordered.

there was no assurance that they were been released and had gone to a second Mr. MITCHELL. I thank my col-

not going to repeat their offenses. That State. league for his courtesy, and I thank

was somewhat controversial in the It will take a good idea and make it those Senators who are involved in the

State of Washington and was clearly a national idea. It will be a wonderful negotiating and preparation of this

controversial here on the floor of the protection for both women and young unanimous-consent agreement.

Senate. children. I thank the Senator from The PRESIDING OFFICER. The Sen-

The tracking provisions, however, Delaware for his private assurances of ator from Pennsylvania is recognized.

were not. The tracking provisions support, and I hope that, during the

caused, in the State of Washington, no- course of the rest of the afternoon, he

THE VIOLENT CRIME CONTROL

tice to be given to communities to will make those assurances public. AND LAW ENFORCEMENT ACT OF

whom sexual predators are released, Mr. BIDEN. Mr. President, while I

1994-MESSAGE FROM THE HOUSE

whether it is a community in a State was necessarily absent from the floor,

from which they originated or some my colleague from Washington State, The Senate continued with the con-

other community in the State. It alerts Senator GORTON, took to the floor and sideration of the message.

local law enforcement officers to their asked a question of whether or not I, as Mr. SPECTER. Mr. President, I have

presence in their community so a rea- the Chair of the conference on the Sen- sought recognition to comment on a

sonable eye can be kept on them. And ate side, would stand by the Senate po- number of provisions of the pending

it alerts the neighborhood in which sition in subtitle F, entitled "Sexually crime bill, to provide my thinking to

they are going to live, sometimes caus- Violent Predators," sections 841 and the conferees on what I consider to be

ing great apprehension, but at the very 842. one of the two central problems of seri-

least causing people who might be The short and direct answer is yes, I ous crime in America. Those two prob-

their victims to be more careful. will. The House bill does not have such lems are the career criminals and the

After a relatively brief debate, these provision in it. I will do whatever I can imposition of the death penalty.

sexual predator provisions were in- to get the House to yield to the Senate I have listened at some length to the

cluded in the Senate bill by a unani- position on subtitle F, sections 841, 842, discussion on the floor today about giv-

mous vote and with the enthusiastic 843, and 844 of the Senate-passed crime ing very substantial additional juris-

support of the distinguished Senator bill. I will do my best to get the House diction to the Federal courts on crimi-

from Delaware, the chairman of the to recede to the Senate position on nal matters. I believe that has to be

Committee on the Judiciary. that issue. done very circumspectly. I introduced

I have discussed this matter with I yield the floor. the Federal armed career criminal bill

him informally and he has assured me I suggest the absence of a quorum. back in 1981. It became law in 1984 and

that he is in favor of those provisions The PRESIDING OFFICER. The was broadened in 1986. This law pro-

and will do what he can to save them clerk will call the roll. vides for sentences up to life imprison-

in conference with the House. The assistant legislative clerk pro- ment for any career criminal found in

The House simply did not. take up the ceeded to call the roll. possession of a firearm. There is broad

subject. It did not come up in the Judi- Federal jurisdiction on drug matters

ciary Committee proceedings and it generally, but I believe we have to pro-

UNANIMOUS-CONSENT AGREEMENT ceed very cautiously to broaden the ju-

was not proposed as an amendment on

the floor of the House. So we certainly Mr. MITCHELL I ask unanimous con- risdiction of the Federal courts, or the

do not have a record that Members of sent that the Senate proceed to the State courts will not undertake their

the House of Representatives were op- consideration of calendar No. 423, H.R. responsibilities.

posed. I am convinced they would have 1933, the Martin Luther King Commis- I believe there are some things which

passed it as overwhelmingly had they sion reauthorization bill, at 12 noon on the Federal Government can do to as-

had the opportunity, as did Members of Monday, May 23; that the bill be con- sist the States which will leave the

the Senate. sidered under the following limitation: States largely in control of the admin-

I can assure also that the distin- There be 1 hour for debate on the bill; istration of criminal justice, because,

guished senior Senator from Utah, [Mr. that the only first-degree amendments under our Federal system, it has been

HATCH], is an enthusiastic backer of to the bill be the following and limited the tradition of the States to handle

those proposals. to the time limits specified; that they the vast bulk of criminal prosecutions.

I would ask the Senator from Dela- be subject to second-degree amend- Our Federal system was established to

ware, when he returns to the floor, to ments provided they are relevant to give limited powers to the central gov-

respond to my query and my request, the subject matter of the first degree ernment, reserving the bulk of powers

my sincere request, that he do the best and limited to half the time as the first to the States. I think we have to rely

he possibly can in retaining these ex- degree: five relevant amendments by upon the States for the principal

tremely valuable sections in a final Senator HELMS, or his designee, 2 hours amount of criminal prosecutions.

version of the crime bill. each; three relevant amendments by When it comes to dealing with career

The protection of our children and Senator BROWN, or his designee, 2 hours criminals, there are some things the

the protection of our women from re- each; two relevant amendments by Federal Government can do to help the

11186 CONGRESSIONAL RECORD-SENATE May 19, 1994

States but still leave the primary re- lican caucus today and I want to com- So it is my hope, Mr. President, that

sponsibility in the States. There is sub- ment on again; and that is, the absence as the crime bill moves through the

stantial legislation pending in this in this bill of any remedial legislation conference we will focus on ways that

crime bill, pending before the House- dealing with the tremendous delays in we can be of assistance to the States

Senate conference, which would pro- the Federal courts which have rendered without assuming all of the States'

vide funding for realistic rehabilitation the imposition of the death penalty a traditional criminal law enforcement

to try to take offenders out of the virtual nullity. In order for the death responsibilities in violation of the

cycle of crime at an early stage with penalty to have any effect, like any basic tenets of federalism; that we will

early intervention and to provide reha- other form of punishment, it has to be work to try to help the States with ca-

bilitation in the form of literacy train- swift and it has to be certain. But reer criminals by creating incentives

ing and job training for first and sec- today, the death penalty is a relative to ensure that they provide opportuni-

ond offenders. rarity. ties for realistic rehabilitation in pris-

There is little public concern for the Recently, when the death penalty on to take the career criminals out of

welfare of the criminal himself or her- was imposed in Illinois, after some 30 the crime cycle in order to protect law-

self, but there is substantial interest in years without a death penalty having abiding citizens or, where that is not

the public on efforts which will take been carried out, and similarly in done, after the first offense and after

the career criminal out of the crime Maryland, it made front-page news. the second offense, we will have set the

cycle. I believe that we have to focus While there are some 2,800 criminals on stage for the imposition of life sen-

on that problem. death row, last year the sentence was tences for career criminals or habitual

It is no surprise when a functional il- carried out in only 38 cases. The death offenders, and that we will provide in-

literate, without a trade or a skill, penalty, which is, in effect, the flagship centives for States to use their career

leaves prison and goes back through of criminal law enforcement, is not criminal laws with Federal prisons.

the revolving door to a life of crime. being carried out and the criminal ele- These are very important provisions

But there is another aspect, and that ment knows it. It really makes the which I hope will receive the attention

involves the ability of the prosecutor- criminal justice system a laughing- of the conference committee and come

a job I held for many years in the city stock. forward in the final version of the con-

of Philadelphia-to get a life sentence The death penalty can be an effective ference report.

after the career criminal has commit- deterrent. In my days in the Philadel- Mr. President, in the absence of any

phia district attorney's office, when

ted three or four violent offenses. It is other Senator seeking recognition, I

the death penalty was carried out,

not as simplistic as "three strikes and suggest the absence of a quorum.

there was a lot of evidence that profes- The PRESIDING OFFICER. The

you're out," a popular slogan at this

sional burglars would not carry a weap- clerk will call the roll.

time, because the reality is when the

on with them in the course of a bur- The legislative clerk proceeded to

judge faces the moment of sentencing,

glary for fear of killing someone and call the roll.

it is very difficult to get him to im- facing a first-degree murder charge for

pose, or her to impose, a life sentence Mr. BIDEN. Mr. President, I ask

felony murder. Many hoodlums would unanimous consent that the order for

on the defendant unless the judge con- not carry guns in the course of robber-

cludes that that defendant has had a the quorum call be rescinded.

ies, again, for fear that someone might The PRESIDING OFFICER (Mr. BAU-

fair opportunity. be killed and they might face the death

If there is a chance at rehabilitation cus). Without objection, it is so or-

penalty under a first-degree murder dered.

with literacy training and job training,

charge.

and the first offender fails and commits I believe that the death penalty has

UNANIMOUS-CONSENT AGREEMENT

a second offense and then has still an- to be carried out in a very, very careful Mr. BIDEN. Mr. President, I ask

other chance and commits a third of- way. I am hopeful that the conference unanimous consent that the vote on

fense, then I think it is realistic and Senator D'AMATO's motion to instruct

committee will reject the House provi-

proper at that juncture for the judge to sion which imposes a statistical study occur without any intervening action

impose a life sentence. for the determination of whether the or debate upon the disposition of my

The Federal Government can further death penalty has been imposed un- motion, and that no amendments be in

be of assistance to the States in provid- fairly. That provision has been incor- order to his motion, and that, upon the

ing prison space for those who are con- porated into the House bill under the disposition of his motion, the Chair be

victed under the habitual offender stat- name of the Racial Justice Act which, authorized to appoint conferees.

utes. It is a fact that many judges are I submit, is a misnomer because the es- The PRESIDING OFFICER. Without

reluctant to sentence to life imprison- sence of fairness in criminal justice is objection, it is so ordered.

ment because of the overcrowded pris- to have each individual case considered Mr. BIDEN. Mr. President, while I

ons. When I was district attorney of on its own merits, in terms of the na- have the floor, we are waiting until 6:30

Philadelphia, some 40 States in the ture of the offense, and the background because two of our colleagues would

Union had habitual offender statutes, of the individual. It ought not to de- not agree to what every other col-

but they were used very little-realisti- pend upon a statistical tabulation. league would agree to, to voice vote all

cally, not at all in the city of Philadel- I do believe that a recent order en- of these amendments. I apologize to

phia where we had 500 homicides a year tered by a Federal judge in the middle the rest of my colleagues for being in-

and some 30,000 crimes. And there is district of Pennsylvania calling on the convenienced on something that, quite

substantial funding in this bill for the Department of Justice to articulate frankly, does not matter much whether

Federal Government to provide prison standards for when the death penalty it passes by voice vote or whether we

space for the States which will allow will be requested, is a sensible step in have a rollcall vote on these. But the

State judges to sentence career crimi- the direction of guaranteeing objective Presiding Officer understands this

nals or habitual offenders to life sen- standards and of being as sure as we place as well as I do.

tences. I think that is the kind of as- can that the death penalty will only be D'AMATO MOTION TO INSTRUCT CONFEREES

sistance which the Federal Govern- imposed after consideration by pros- Mr. BIDEN. Mr. President, I will be

ment ought to be giving rather than ecuting officials at the highest level very brief.

having wide, sweeping changes which under preexisting standards. To refresh everyone's recollection,

would bring to the Federal Government But if there is to be a statistical tab- Senator D'AMATO'S amendment federal-

virtually all of the responsibility for ulation on the death penalty, it seems izes any crime committed with a gun

criminal law enforcement. to me that that will remove the indi- that at any time crossed a State line.

There is another issue which this bill vidualization of justice from the nature We are told by reliable authority, by

does not take up, which I have spoken of the offense and from the background the Justice Department, that offenders

on in the past and spoke in the Repub- and record of the criminal. armed with handguns in the year 1992

May 19, 1994 CONGRESSIONAL RECORD-SENATE 11187

committed 900,000 violent crimes. So depending on what it is, against legis- SETTING THE STAGE FOR THE NINETIES-OUR

what we have just done is we have lation that said we want a death pen- MUTUAL OBLIGATION

made eligible for prosecution in the alty. (By Senator Joseph R. Biden, Jr.)

Federal court system crimes now to- It is one thing to come in here and I am honored to be here today, to address

tally within the State court system, assist a State. It is another thing to the judges of the trial and appellate courts

900,000 offenses, 900,000 potential cases. completely vitiate States' rights on within the third circuit-which includes my

home State of Delaware. I am especially

Obviously, not all those 900,000 people things that are totally local matters. pleased to accept your invitation to discuss

are going to be arrested, and all 900,000 So if the D'Amato amendment is how the Congress will set the agenda for the

are not necessarily individuals. Maybe adopted, we will, even though I support federal courts in the coming decade.

500,000 people committed 900,000 of the death penalty, be telling the people Implicit in this assignment is an acknowl-

these crimes. No one knows. But it is of Wisconsin, New York and 13 other edgement that the Constitution gives the

safe to say that there are going to be States: What you feel like doing in Congress that very power-to set within the

at least between 50,000 and 100,000 of your home State does not matter; we, very broad limits authorized by the Con-

stitution the scope of the federal courts' ju-

these crimes where someone is appre- the U.S. Senators and legislators, know risdiction.

hended and they are going to go to better than your legislature knows, we Although debate about Federal jurisdiction

trial. know better than you know, we know is not new, public attention to that debate

Let us take the most conservative es- better than your people know. has increased in recent years. Some members

timate. Say it is 50,000 people who now Whether it is by referendum they op- of the judiciary have expressed concern

are going to go into Federal court, re- pose the death penalty, whether by leg- about the number and kind of cases occupy-

quiring a Federal prosecutor, a Federal islative vote they oppose the death ing the Federal courts.

In some instances, there is a desire to have

judge, and a Federal prison cell when, penalty, or gubernatorial veto they op- Congress reduce the courts' existing jurisdic-

in fact, they are now all eligible to be pose the death penalty, 15 States said, tion-as with diversity cases and habeas cor-

and, in fact, are tried at the State "Look, we don't want a death pen- pus reform. In others, there is opposition to

court level. alty." That is their business. We are efforts by Congress to expand the courts' ju-

That will more than double the total Federal-Federal-elected officials. risdiction-such as efforts to make new fed-

number of crimes tried in the entire In the Biden crime bill we are going eral crimes or to recognize new Federal civil

Federal court system. Not tried, han- to be going to conference with, I be- rights actions.

I welcome the efforts to raise the profile of

dled. There were 43,000 criminal indict- lieve we should have a Federal death this debate. Indeed, I hope the Congress will

ments that were in Federal court last penalty for Federal offenses. So we respond to the judiciary's concern by consid-

year. I think the number, to be precise, make the rules for the Federal Govern- ering with great care all legislative propos-

is 43,300 something. But it is 43,000 plus. ment. And I am for the death penalty. als that affect Federal court jurisdiction. In

Excuse me, I said 43. I correct myself; I think if the State of Delaware wants this respect, however, I solicit your help.

48,366 Federal district court criminal to have a death penalty, I should not Much of the recent public debate about

cases entertained by the district court tell them whether they can or cannot. Federal jurisdiction has had a practical

tone-it has focused on the burdens placed

last year. In one fell swoop, we will I am a federally elected official. I did on the Federal courts by an increasing case-

add-we could add-200,000, but we will not run for the State legislature. I did load.

add probably 50,000 cases eligible, just not run for Governor. And the people in The concern is legitimate, for the costs are

with the D'Amato amendment, that my State said, "Hey, we want the real-today, Federal litigants in many dis-

are now in State jurisdiction. We more death penalty." But the people in New tricts, particularly those bringing civil

than double the entire number of cases York said, through their system of cases, face significant delays in getting their

the entire Federal court system now checks and balances, "We don't want a claims heard. In some jurisdictions, judges

and other court personnel are overwhelmed

handles. death penalty." The people in Wiscon- by the sheer volume of their dockets.

To put this in perspective, in 36 sin said, "We don't want a death pen- But the focus on the practical dimensions

years, from 1955 to 1991, there were a alty." Is it our prerogative to stand on of the problem has tended to displace discus-

total of 1.3 million criminal cases filed the floor of the Senate and say, "Hey, sion of the goals that should govern our ef-

in the Federal district court in 36 here's the deal. We know better than forts to fashion a solution. Efficiency is nei-

years, 1.3 million: 900,000 would be eli- you"? ther the only value our judiciary must serve,

gible in 1 year. I wonder what the Senator from New nor does recognizing it as one goal help us

There were 4 million criminal filings choose what cases should be heard by our

York and others would say if there Federal courts.

in State courts of general jurisdiction, were enough votes on the floor to say We must pursue a constructive debate

82 times as many as in the Federal any murder committed with a gun that about what principles should guide the proc-

court system. There is a reason for crossed interstate lines could not re- ess of choosing. Then we can distinguish be-

that. There are considerably more re- ceive the death penalty, must be mini- tween those claims that fit within tradi-

sources at the State level to handle mum mandatory life in prison, and we tional notions of Federal jurisdiction, those

these cases. There are 23,000 prosecu- had 35 State death-penalty laws over- we may wish to add, and those that do not

tors across this country, 3,000 Federal. ruled where a gun was involved. I will belong.

The focus on the pragmatic is understand-

There are 9,600 State trial court judges. bet you, Mr. President, we would hear able. The statistics on caseload increases

There are 629 Federal trial court a lot of States' rights arguments on leap from the page in black and white; the

judges. There are 1.3 million prisoners the floor then. columns of numbers easily convey the addi-

in State jails. There are 84,000 in Fed- It seems to me there has to be a prin- tional burdens facing you: in the decade be-

eral jail. This is kind of silly. cipled rationale on matters that affect tween 1981 and 1991, the number of filings in

But there is another provision in the State-Federal relationships. There has Federal district courts nationally increased

D'Amato amendment, and that is the to be a consistent rationale. I cannot by 28.5 percent-with civil cases increasing

23 percent; and criminal cases by 61 percent.

one that says if you commit murder pick from one pile one day and another Less easy to articulate, much less to quan-

with a gun, it is a Federal crime now. pile the next day, as to what I want to tify, is the cost of the public's loss of faith in

I have no objection to that. I support make Federal, based on my whim or the ability of our system to provide justice.

the death penalty. But there are 15 what I like. It seems to me there The intangible nature of that loss makes it

States in America where the people should be a principle. difficult to address, but it does not diminish

have voted not to have the death pen- I ask unanimous consent to print in our need to do so.

alty, Delaware not being one of them. I the RECORD a speech that I made on What I will try to do this morning is to

turn the debate in that direction-to identify

do not know what Montana is, but 15 federalism to the Judicial Conference the principles I believe should guide Con-

States in America have said, after to the Third Circuit Conference. gress in setting the agenda for the Federal

overwhelming debate, deliberation, There being no objection, the speech courts, and to articulate standards for dis-

consideration, their legislators and/or was ordered to be printed in the tinguishing between a "Federal case" and

their Governors have voted or vetoed, RECORD, as follows: one that should be heard in another forum.

11188 CONGRESSIONAL RECORD-SENATE May 19, 1994

I. CONSTITUTIONAL AUTHORITIES FOR FEDERAL tack by the public or the legislature. Rep- identify those of highest priority that pose

JURISDICTION resentative Coburn of Indiana stated during the strongest claim on the limited resources

The history of Federal court jurisdiction is that same 1871 debate that, of a Federal forum?

marked by constitutional authority of vast "The. United States courts are further I propose the principle that motivated the

proportions and by the gradual realization of above mere local influence than the county post-Civil War Congress as a starting point

that authority as the Congress expanded courts; their judges can act with more inde- for our debate:

Federal court jurisdiction over the last cen- pendence, cannot be put under terror, as Federal courts should hear claims where

tury. local judges can; the States are unable or unwilling to protect

Article III of the Constitution sets forth "Their sympathies are not so nearly iden- an important Federal interest.

the structure of the Federal judiciary and al- tified with those of the vicinage; the jurors This principle immediately suggests two

lows the Congress to grant the lower courts are taken from the State, and not the neigh- others.

broad authority: borhood; they will be able to rise above prej- First, Federal courts should hear cases in-

"Section 2. The judicial power shall extend udices or bad passions or terror more eas- volving conduct that is occurring in many

to all cases, in law and equity, arising under ily." jurisdictions, overwhelming the ability of

this constitution, the laws of the United Thus moved by political and practical any one State to respond.

States ... "; and to treaties; to all cases af- events following the Civil War, the Congress Second, Federal courts should hear those

fecting ambassadors, other public ministers grew to prefer Federal courts as the primary cases where the gravity of an important Fed-

and consuls; to all cases of admiralty and interpreters and enforcers of Federal law. eral interest and the pervasiveness of the

maritime jurisdiction; to controversies to First, with the enactment of the post-Civil States' inaction together outweigh the bur-

which the United States shall be a party; to War amendments and statutes limiting State den to the Federal system.

controversies between two or more States or power to interfere with Federal rights, the If applied to legislative proposals that

citizens thereof. Congress shifted the balance of Federal ques- would expand Federal jurisdiction, these cri-

Notwithstanding the breadth of this au- tion jurisdiction from the State to the Fed- teria could serve as a starting point for de-

thorization, the first Congress chose not to eral courts. termining whether a claimed Federal inter-

give the lower courts the full power per- Second, roughly the same period witnessed est is weak or strong.

mitted by article III. In creating the Federal the expansion of Federal criminal jurisdic- A. Creationof new Federal crimes

district courts through the judiciary act of tion. Turning first to the question of criminal

1789, the congress focused on diversity of Throughout the present century, Congress jurisdiction: Two different justifications

citizenship jurisdiction, admiralty jurisdic- has passed laws prohibiting kidnapping, ex- have been offered to support recent legisla-

tion, and jurisdiction over cases where the tortion, use of firearms, many forms of theft, tive proposals making conduct a crime under

Federal Government was a party. and other violent acts, where the means of Federal law.

The Congress did not grant the courts Fed- accomplishing the criminal act involved a 1. Use of Federal facilities

eral question jurisdiction in civil cases, and Federal instrument, such as use of the mails

civil claims based on Federal law (and not or interstate commerce. The first of these, where Federal jurisdic-

otherwise enjoying Federal jurisdiction) tion over specific conduct is premised on the

III. SHOULD THE CONGRESS HALT THE use of Federal facilities, is the most prob-

were originally tried in the State courts, EXPANSION OF COURT JURISDICTION?

with appellate review of State supreme court lematic. The potential for expanding Federal

As a result of this trend, the Federal court jurisdiction using this rationale is virtually

decisions exercised by the United States Su-

preme Court. caseload has increased sharply. Many emi- limitless-if the use of a Federal facility

Similarly, although the Congress gave the nent jurists and commentators on the courts that is merely incidental to the conduct at

Federal courts exclusive jurisdiction over now argue that the Federal system is over- issue is deemed sufficient to justify Federal

"all crimes and offences cognizable under loaded with cases that should not be there. intervention.

the authority of the United States," it en- The concern lies both with the sheer volume One example is a bill currently pending in

acted few criminal laws. of cases, as well as with the nature of the both Houses of Congress that would make

Early on, the Congress prohibited and pun- claims occupying the time and attention of "Stalking" a Federal crime if the mail or

ished only those acts directly related to the the Federal trial and appellate courts. wire fraud statutes are involved. Stalking

functions of the Federal Government or oc- Thus have we come to the current ques- can be competently investigated and pros-

curring on United States Territory-acts tion: Should the Congress now exercise its ecuted by State authorities.

which could not be covered by the criminal discretion to shrink lower Federal court ju- The practice of "Bootstrapping" Federal

laws of the States. These included treason, risdiction? jurisdiction simply on a showing that an in-

espionage, bribery of Federal officials, per- Of course, the concern about expanding dividual has used the mail or telephone,

jury in a federal court, interference with the Federal jurisdiction is not new. The follow- when there is no particular demonstrated

assessment or collection of Federal taxes, ing passage could as easily be from a 1993 need for Federal intervention, is a weak

and murder or manslaughter if committed in speech by Chief Justice Rehnquist as from claim of Federal jurisdiction. In my view,

a place within the exclusive jurisdiction of the 1925 Harvard Law Review article by the Congress should not employ the inciden-

the United States. Charles Warren where it actually appears: tal use of Federal facilities to bring claims

For the most part development of the "The present congested condition of the into Federal court in the absence of another

criminal law was left instead to the States. dockets of the Federal courts and the small basis for Federal jurisdiction.

In fact, even when the Congress passed spe- prospect of any relief to the heavily bur- Senator COHEN'S stalking bill, enacted by

cific Federal criminal statutes, it regularly dened Federal judiciary, so long as Congress Congress last year, plays a much different

provided for concurrent jurisdiction by State continues, every year, to expand the scope of role. It authorized the National Institute of

courts. the body of Federal crimes renders it desir- Justice to draft a model stalking bill for en-

II. THE EXPANSION OF FEDERAL JURISDICTION able that consideration be given to the possi- actment by the States. The bill was designed

FOLLOWING THE CIVIL WAR bility of a return to the practice which was to permit States to retain jurisdiction over

in vogue in the early days of the Federal ju- the criminal conduct, but offered them the

It was only in the wake of the Civil War dicial system." benefit of the Federal Government's exper-

that the momentum shifted in favor of giv- That is, to give the States primary juris- tise in crafting statutory language that

ing the Federal courts more of the power au- diction over many cases within Federal con- would not run afoul of the first amendment's

thorized by the Constitution. What ac- stitutional authority. protection of free expression.

counted for this dramatic change?

The driving force behind the expansion of IV. A PRINCIPLED APPROACH TO FEDERAL 2. Where local authorities are overwhelmed

Federal jurisdiction was the perception of JURISDICTION A second basis for assertion of Federal ju-

the Congress that State courts were not able How, then, can we identify those cases that risdiction over criminal conduct occurs

or, in some cases, not willing to protect Fed- have the strongest claim on Federal jurisdic- where local authorities are overwhelmed by

eral rights-in that instance, the civil tion? the magnitude of criminal conduct, usually

rights-of the recently freed African-Amer- There is little controversy where the involving a multi-jurisdictional element. In

ican slaves. This concern was explicit during States are not competent to act because the such cases, the superior resources of the Fed-

debate on the Civil Rights Act of 1871. Rep- matter is one of exclusive Federal jurisdic- eral Government offer a practical benefit in

resentative Lowe of Kansas stated that the tion, as where cases involve conduct that oc- fighting complex criminal activity that ex-

"Records of the [state] tribunals are curs on Federal territory or across State ceeds the capacity of any one local authority

searched in vain for any evidence of effective lines. to investigate and prosecute. I believe Fed-

redress" of federally secured rights. But, where States are equally competent eral jurisdiction is appropriate in these

Part of this perception, no doubt, was trust to act, how are we to distinguish among all cases, although concurrent State jurisdic-

in the superior independence of judges whose the cases the Federal courts are constitu- tion over the criminal conduct usually ex-

tenure and salaries were impervious to at- tionally authorized to hear? How are we to ists.

May 19, 1994 CONGRESSIONAL RECORD-SENATE 11189

The challenge we must face, however, is in tion and application of the law throughout cause the Federal courts have traditionally

ensuring proper allocation of specific cases the Nation. been charged with enforcing national prin-

between the Federal and State courts. For Most importantly, Federal adjudication of ciples of equality. And, second, because

example, in the 1980s, the Congress expanded these claims demonstrates the national com- State remedies have too often proven inad-

the jurisdiction of the Federal courts over mitment made to eradicating discrimina- equate.

drug cases in response to the volume and tion. Only a Federal court can speak with The record of the States in addressing vio-

magnitude of criminal activity related to il- the voice of the entire Nation. Each branch lence against women has been, and remains,

legal Drugs. The result has been a steep rise of the Government has joined in condemna- marked by prejudice rather than reason.

in the number of drug cases being prosecuted tion of conduct proscribed by a Federal stat- Barriers of law, of practice and of prejudice,

in Federal courts-from 3,372 in 1981 to 11,929 ute-the legislature in passing the law, the still exist. For example, some States have

in 1991-an increase of 220 percent over 10 executive in executing the law, and the judi- eliminated entire classes of persons from the

years. ciary in adjudicating claims brought pursu- scope of rape statutes. In these States, a fa-

But it is important to get behind the sta- ant to the law's authority. ther who rapes his child or a husband who

tistics and analyze the nature and merits of Lending the prestige of the Federal Gov- beats and rapes his wife-or even his former

these cases. ernment to a cause is an invaluable tool of wife-has not committed a persecutable of-

Large, complicated, multi-jurisdictional education; its effectiveness in promoting the fense.

drug trafficking cases belong in Federal goals of the law reaches far beyond anything In my.own State of Delaware, among oth-

court. I believe the Federal system is the available to an individual State or locality. ers, rape by someone who is a "voluntary so-

only authority capable of investigating and In my view, where a case involves the pro-

cial companion" of the victim is classified as

bringing to justice the organized crime rings tection of a civil right guaranteed by the a less serious offense.

running multi-national drug trafficking op- United States Constitution or a Federal stat- It is my view that title III should bring

erations. The problem is that too many ute, the Federal interest is strong and the only a small number of new cases into Fed-

small cases-against first time offenders or presumption of federal jurisdiction appro- eral court. Indeed, I intend for its primary

priate.

low-level runners-are brought in Federal purpose to be the symbolic recognition that

courts, rather than in the State courts that V. CASE STUDY: THE VIOLENCE AGAINST WOMEN violence against women is a national tragedy

are equally competent to hear them. ACT that warrants the commitment of our Na-

The Congress has an obligation to promote Over the last several years, one bill in par- tional Government-much the same way as

better allocation of such cases, to identify ticular has served as the catalyst for my at- fighting race discrimination has for much of

the pragmatic priorities for managing cases, tempt to derive a principled theory of Fed- this century.

given the limited space on the Federal dock- eral jurisdiction. The Violence Against VI. CONCLUSION

et, and United States attorneys must work Women Act, legislation I first introduced in The question of what cases should be adju-

effectively with State and local prosecutors 1990, has been the subject of some con-

dicated by the courts of the United States is

within their districts, to encourage targeting troversy.

Although most of the bill is not controver- complex. Legitimate pragmatic concerns

of cases to the appropriate forum. We must with an overloaded system have led many to

also work with the States where inconsist- sial from a jurisdictional perspective, one of

the bill's provisions has caused controversy: argue that subjects the State courts can ad-

encies between State and Federal laws-most dress do not belong in the Federal system.

notably involving sentencing standards- Title III creates a Federal civil rights cause

But this argument begs the question: The

lead prosecutors to prefer Federal courts. of action for violent crimes motivated by

constitutional authority of the Federal

Finally, the Congress must carefully evalu- gender bias.

When I first introduced the bill, the Fed- courts is broad-as a matter of jurisdictional

ate legislative proposals that base Federal theory, a strong presumption favors a Fed-

jurisdiction on the fact that local authori- eral Judicial Conference opposed it, on the

grounds that it would bring into the Federal eral forum for claims involving rights guar-

ties are overwhelmed. For example, in the anteed by the United States Constitution or

last Congress, an amendment was offered in courts "domestic relations disputes" and

other litigation traditionally reserved to the Federal statutes.

the Senate that would have subjected all The real question is: Given the practical

State gun offenses to Federal jurisdiction. State courts. I believe the opposition to the

bill-which was recently reversed by the con- limits of Federal court resources, what cases

Federalizing all gun crimes does not lend to are of the highest priority? What cases have

the fight against gun violence the weight of ference-reflected a misunderstanding of its

intent and scope. Read with an eye to the the very strongest claims on the Federal

Federal authority so much as render the courts?

Federal authority meaningless. principles just outlined, title III stands firm-

We must be careful to make the right

Because of the potential for limitless ex- ly within the scope of established Federal ju-

choices. The civil rights of women or minori-

pansion, proposals based on this rationale risdiction.

Title III would provide a civil rights rem- ties must not be held hostage to the shortage

should be carefully considered and the need of resources. We must address pragmatic

to assert Federal jurisdiction should be clear edy for gender-motivated violent crimes,

permitting a victim of such crime to sue the concerns about overcrowded dockets without

and strong. A better vehicle for Congress to losing sight of the ultimate goal:

express the national outrage over gun vio- perpetrator of that violence for damages and

injunctive relief. The distinction I have tried To restore to our Federal courts their de-

lence, in my view, is passage of gun. control served reputation as a hallowed place-a

legislation such as the Brady bill and an as- to maintain in title III of the Violence

Against Women Act is precisely that em- place where majoritarian impulses do not

sault weapons ban. stampede over the legitimate needs of mi-

bodied in post-Civil War civil rights laws.

B. Where the States are unable or unwilling to Think about the difference between a mug- norities; a place where the great moral

act truths embodied in our constitution still

ging of a person who happens to be an Afri-

A different situation is presented by legis- can-American and a lynching of an African- reign supreme.

lative proposals to recognize civil rights American by an all-white mob. The first is The value of a Federal forum could not be

claims. As with the Civil War amendments NOT a Federal Crime, the second may be the more starkly illustrated than by the events

and statutes, these laws are designed to fill subject of Federal civil rights remedies. of the past year in Los Angeles. One year

in where State courts are unable or unwill- The Violence Against Women Act specifi- ago, four police officers were acquitted by a

ing to protect Federal constitutional or stat- cally provides that "Random" crimes NOT State jury of charges of assaulting Rodney

utory rights. motivated by gender bias are not covered by King. For many Americans, the verdict came

Although such laws often extend to what the act. Proof of discriminatory motive is to symbolize the failure of justice, and the

look like "local" matters-such as the abil- explicitly required. civil unrest it touched off served as a

ity to obtain a marriage license, access to If we recognize that hate beatings of Afri- chilling reminder that we all pay a price for

restaurants, safety from physical violence- can-Americans violate the right to be free widespread disillusionment with our judicial

they actually serve to safeguard a national and equal, we should guarantee the same system.

principle such as equality. protection to America's women. Then, this past Saturday, a Federal jury

Federal jurisdiction in such cases is pre- Title III falls within established Federal convicted two of the same four police offi-

mised on a belief that Federal courts afford jurisdictional principles governing civil cers for violating Mr. King's civil rights-

a superior forum for the adjudication of rights remedies. Like existing civil rights rights guaranteed by the fourth and four-

these claims for two reasons: remedies, its animating principle is a na- teenth amendments to the United States

First, because the institutional independ- tional ideal of equality. It remedies conduct Constitution. As we debate the matter of

ence enjoyed by Federal judges affords them that burdens an individual because of a char- what cases our Federal courts should hear,

a real-and just as importantly, a per- acteristic that is immutable and morally ir- we must bear in mind that the public's faith

ceived-protection of impartiality. relevant-a characteristic like race or, in in justice hangs in the balance.

And second, because where a constitu- this case, gender. Today. I have addressed only a small part

tionally protected right is involved, there is The bill places the cause of action in the of what this debate must become. We must

a benefit to ensuring a consistent interpreta- Federal courts for two reasons: First, be- undertake a comprehensive review of Fed-

11190 CONGRESSIONAL RECORD-SENATE May 19, 1994

eral jurisdiction-looking at matters, such are going to have to impose the death We are saying this is a local problem.

as diversity jurisdiction, I have not men- penalty, a Wisconsin citizen will get We will give you money to hire local

tioned today. the death penalty because the Federal police like you always have. We are

What I have attempted here is to begin the Government thinks they should. doing the same with prison systems.

debate at the point of greatest challenge- Now, I happen to think there should We are not saying OK, we are going to

deriving a principled means of identifying

those cases the Federal courts should decide. be the death penalty. In the Biden build a Federal prison in your State

By setting forth the guidelines I have used to crime bill there are over 50 death pen- and we are going to federally run that

evaluate legislative proposals that affect the alties. I have been heavily criticized prison and tell you who you can let in

courts' jurisdiction, I do not pretend to have from my friends on the left for that. and not let in. We are saying you have

all the answers. But I happen to believe in the death a State problem. We are going to give

I hope my thoughts will provoke all of you penalty. But I also think there has to you some Federal money to build State

here today and your colleagues throughout be some principled rationale by which prisons run by State and local people.

the Federal judiciary to join this debate, in My gosh, that is the way federalism

concert with my colleagues in the Congress we separate State and local and Fed-

and with the new administration. eral matters. is supposed to work. If we want to help

We all share in a solemn responsibility im- The Founding Fathers, sitting up the States, let us help them. And we do

posed upon us by the Constitution that has here in a hot Philadelphia summer, that in this bill, for gun offenses. We

made a great nation out of a diverse people spent an awful lot of time trying to fig- provide all these additional cops. As I

over more than two eventful and challenging ure out this new form of Government. pointed out earlier, Mr. President, and

centuries-in the words engraved upon the Montesquieu spent a lot of time about I know because you have worked so

lintel of the Supreme Court Building, to as- 100 years earlier figuring this notion hard on this criminal legislation with

sure "equal justice under law" to every

American. out. That is the revolutionary part of us, we are adding 100,000 cops. In the

That is our mutual obligation-and one we this Government. It works unlike any entire United States of America, there

can fulfill only by joining our energies, our other in the world-separated powers, are only about 550,000 cops. Not even

intellects, and our hearts in a common en- not the concentration of power. that. I think it is 540,000 cops.

terprise to preserve and extend the historic I wonder how many people on this OK, we are going to add 100,000, al-

promise of our matchless Constitution. floor would call for the federalizing of most a 20 percent increase in the num-

Mr. BIDEN. Mr. President, I spent a all police forces locally. Anybody want ber of local cops. Is that, as another

lot of time on it, deliberating what I a Federal police force? No local police? friend of mine says, chopped liver? Are

thought should be the principled ra- I do not. I do not want that. It has been we not helping? Are we not helping the

tionale for Federal intervention in one of the tenets of our separated pow- local officials?

State matters as it relates to the ers concept. There is not a Federal po- No, that is not enough for people. We

criminal justice system or any other lice force. We do not come in and tell have to decide we know better than the

effort. the local police in Delaware what they Governor of a State. We know better

Historically what we have done, Mr. can and cannot do. If it is a Federal than the State legislators. We know

President, is we have only intervened crime, an FBI agent is involved. If it is better than everybody. And we do not

when there has been an unwillingness not a Federal crime, he or she is not in- want to let the people of a State decide

on the part of State courts to apply the volved. how they believe their criminal justice

Federal Constitution which many But gosh, what we are doing here, in system should work. setting

I just think we are

States, including mine, sadly did on a terrible

the name of I do not know what, to use

civil rights matters for years. So we precedent. We are going to vote at 6:30,

the phrase of a friend of mine, we are

came along and said, "Look, you or shortly thereafter, on this. I have no

standing federalism on its ear. There is illusions about how that

States are not giving people their civil vote is going

no sense to this.

liberties and civil rights, so we are What is the principled rationale to to turn out. I think part of it is nobody

going to pass a Civil Rights Act." wants to be seen as not being tough on

say OK, wait a minute now. Guns, we crime.

We also have done it in areas where are going to federalize any crime com- Well, other than probably anybody

there is something that is clearly with- mitted with a gun because they, in on this floor except possibly the Sen-

in the State-Federal ambit. Inter- fact, cross a State line. How about if ator from Arizona, Senator DECONCINI,

national drug trafficking cannot be we say anybody who commits a crime I do not know anybody who has worked

stopped by the State of Delaware, but while wearing a piece of clothing that more and had a "tough on crime," self-

they inherit the wind because we do had traveled in interstate commerce serving statement to make than me.

not do a good enough job federally, so and crossed the line is now eligible to But people are going to come in here

we pass laws allowing the Federal Gov- be tried in a Federal court, or must be and say, no, we have to vote on this.

ernment to intervene in drug cases be- tried in a Federal court? We are going to do this.

cause there is a nexus. Drugs hardly It is not like this bill is not a big I just think we are going to rue the

ever start and end within that State. deal. It is a big deal. What are we day that we go this route, because I

So what happens is, drugs come in doing? We are giving the State of New tell you what it is going to do. If it

through the Port of New York or Cali- York, the State of Delaware, the State passes, becomes law, I am going to be

fornia, the Port of San Diego or Seattle of California, South Dakota, all the back here on the floor, assuming I am

on the west coast, or Galveston-wher- States, billions of dollars for them to still here and still chairman of the Ju-

ever. They are disseminated through- go out and hire more local police, build diciary Committee, I am going to be

out the country. No one, single, police more local prisons, hire more local back on the floor saying we only have

agency can handle that network. You prosecutors, build boot camps. We are 624, or 625 or 635 trial court judges. We

need interstate jurisdiction. So it saying, what do you need? They have now have doubled the number of cases.

makes sense for the Federal Govern- come back and said look, we have a We have to double the number of

ment to be involved. It makes sense. real problem. We need more police. We judges. Everybody better belly up to

We also have gotten involved where said OK, we will give you the money to the bar to pay for them. We only have

the States have not met their respon- hire more police. We are not sending 3,000 Federal prosecutors in all the

sibility in any way. But the idea of fed- Federal police, and the people who live United States of America. Now, with

eralizing the death penalty and insist- in the cities and States that the folks all this additional work at the Federal

ing that the 15 States like the State of here are from, if the local police force level, let us hire more Federal prosecu-

Wisconsin-I see the Senator from Wis- wears blue uniforms, they are not tors.

consin here, who made a very eloquent going to have someone showing up in a I do not know. It is kind of discour-

speech on this matter when we debated green uniform saying, "I am a Federal aging.

it in November last. It seems to me we police officer and I am working here at I wish to point out, when I got here

should not be telling them that they the local level." in 1973, January of 1973, the press at

May 19, 1994 CONGRESSIONAL RECORD-SENATE 11191

home used to write about me as Joe disturbed-but I thought we needed to go ahead and do this-that is, to

Biden, the iconoclast-I do not know more Federal judges. I am the guy with shift this burden to the Federal Gov-

who thought it up-because they could the Republican President who intro- ernment-as long as you balance it like

not quite figure out how someone who duced a bill for an additional, I think, this bill balances it, and say, "OK. If

had such a strong view on civil rights 84 or 88 Federal judges. I remember you want to do it, I will do it," if, in

and civil liberties was so, in the con- going in the caucus. My friend from Ar- fact, you say, "OK. All gun crimes

text of the times, "tough on crime." It izona will remember. He supported it. committed are eligible or must be with

did not fit. If you were tough on crime, And we basically got lambasted saying, concurrent jurisdiction of the Federal

you were not supposed to care about "Wait a minute. What are you doing? Government." But that is section 1 of

civil rights and civil liberties. And con- You are adding 84 new judges for Ron- the bill.

versely, if you cared about civil rights ald Reagan to appoint." I was not Section 2, we are adding the requisite

and civil liberties, you were not sup- happy about Ronald Reagan appointing number of prosecutors, Federal judges,

posed to be tough on crime. I never those judges. But we needed the judges. and Federal prisons to accommodate

thought they were at odds with one an- The end result was-not because of the expected workload. If you are going

other, quite frankly. what I, Senator DECONCINI, and others to do that, that is at least-I am not

When I joined the Judiciary Commit- did, but in little part because-the Fed- suggesting anyone who has a different

tee, through a friend who was then my eral system is working relatively well. view is being dishonest-but in a literal

counsel on the committee, a first-rate A lot of things have to be improved. sense that is an honest way of doing it,

lawyer named Mark Gitenstein, we sat We need more Treasury agents. We and then add, as the Senator from Ari-

down in my early years here and said, need more customs agents. We need zona in a very straightforward way

"Well, what do we have to do to fix the more FBI agents. We still need more. pointed out earlier this afternoon, the

Federal criminal justice system?" And But on balance the system is working money to pay for it. Tell me where you

there were four initiatives I decided I pretty well. are getting the money.

wanted to work on and, I say with As I said, all the horror stories-and But my goodness. Here we are, in my

some little pride, accomplished them. they are real; I do not mean to belittle view, confusing the principle of federal-

One was a lot of people were commit- them-that we hear are not about Fed- ism; in fact, putting in motion what

ting crimes while awaiting trial. eral prisoners. They are not about Fed- will do real damage to the Federal sys-

So I drafted, with Mark's help, the eral convicts. They are not about feder- tem of justice and not much help to the

"speedy trial law." We got it passed. It ally convicted people who were let out State system.

means, if you do not go to trial within of jail. They are all about State courts. I want to remind all of you who are

60 days, they have to let you go. Guess So we have one system basically that so-I mean this sincerely-business ori-

what? That got their attention in the is working pretty well. It is called the ented, when in fact you increase by 10,

Federal courts. Everybody goes to trial Federal system. It is ironic, is not it, 20, 30, 50, 100, 200-and no one can pre-

in 60 days. There are notable excep- that I would be able to stand on the dict exactly what it will be-percent

tions. You can get 90 days with exten- floor and say there is a Federal thing the criminal caseload on 635 Federal

sions. But basically they went to trial. that is working; the Federal system? judges, and then your business commu-

All of those crimes being committed You do not pick up the paper and hear nity comes to you and says, "By the

while people were out on bail dropped. criticism on a large scale, hardly at all, way, I have a commercial case filed in

The next thing I wanted to do was- of the Federal criminal justice system. the Federal court. They tell me I will

I thought we did not have enough Fed- But you hear absolutely excoriating- not be able to even go to trial for it for

eral prison space, so I supported, along with good reason, I might add-things 2 years." That is not an exaggeration

with others, legislation increasing the about the State justice system. So we by the way. Right now there is an in-

number of prison spaces. Guess what? have one that is working now. credible backlog. But when your busi-

It passed. We do not have the problem It seems to me that we have to do ness community says, I cannot get into

at the Federal level. We did. We do not one of two things. I see my friend from court for 2 years on my case-and I

now. North Dakota is here, and he may want have a little press statement I can give

The third thing, I thought the way to speak, so I will not take much more you which says I knew that when I

the sentencing thing worked was a bad time. We have to do one of two things. voted and I cared less about your con-

idea. There was too much discretion, We either have to really beef up this cerns because I think the Federal Gov-

and it was being applied in a preju- Federal system to accommodate all ernment should handle this additional

dicial manner. To overstate it, the this new responsibility so it does not responsibility that heretofore has been

study showed that if you were young become broken again, so it continues handled at the State level.

and black, and young, white, and mid- to function, or we have to provide Look, I challenge anyone in this

dle class, and you committed the same money and expertise to the State sys- Chamber, after hearing this or their

exact crime, the young, white, middle- tems to help them fix it. staffs hearing this, to come back to-

class person got probation and the This is not rocket science. I mean, it morrow, or Monday, or Tuesday, what-

young black got jail. seems you have to do one of the two. ever is the appropriate time, and enter

So back then it was facetiously re- What is being proposed here is we are in the RECORD something from the

ferred to as the Biden-same-time-for- going to do one in this bill, the crime Chamber of Commerce in their State or

the-same-crime bill. It is now the bill bill, which is to help shore up that community that says the following: "I

that is called the sentencing commis- State system. I predict the number will have ample and ready access to the

sion. The law is now if you get sen- be closer to $29 billion worth of help Federal courts. There is no need to

tenced at a Federal court, you go to over, I predict, 6 years and not 5. speed up the process. I have no prob-

jail for 85 percent of the time at a min- But on the other hand, as my friend lems relative to commercial litiga-

imum; mostly 100 percent of the time. from Arizona pointed out, we are not tion."

And you can get a 15-percent reduction doing much to help the Federal system I challenge any Senator to come into

for mitigating circumstances. That except we are going to add onto the this Chamber representing the views of

much discretion is left to the judge, Federal system an incredible burden. their business community or .their

and you can get a 15-percent add-on for So we are not going to completely fix chamber of commerce, and say that.

aggravating circumstances. That dis- the one and we are going to break the Maybe it is because my responsibility

cretion is left to the judge. People ac- other. That does not seem to me to is to deal with the Federal court sys-

tually serve their time. make sense. tem as chair of the Judiciary Commit-

The last thing I did, which everyone I am willing to work with my col- tee. But I am bombarded, with good

was a little bit-not everyone; many of leagues, after we pass this crime bill, reason, by Federal judges, but more

my Democratic friends were a little bit for additional legislation if you want importantly by local business officials,

11192 CONGRESSIONAL RECORD-SENATE May 19, 1994

men and women, who point out to me tressed by the Fed's increasing interest You are correct: There currently are few

that they lose tens of thousands of dol- rates-which is the same as increasing indications that inflation has already begun

lars a year being unable to resolve taxes on every American. I have been to pick up. But our concerns are for the fu-

very vocal in my criticism. ture. It is of crucial importance that the nec-

their commercial and business disputes essary monetary policy adjustments be im-

because of lack of access to the Federal The Chairman of the Federal Reserve

plemented in advance of the potential emer-

courts. Because of the Speedy Trial Board has written to me a two-page gence of inflationary pressures, so as to fore-

Act, the court must try the Federal letter on why the Federal Reserve stall their actual occurrence. Shifts in the

criminal cases first. board has raised interest rates. stance of monetary policy influence the

So, I hope we at least go into this I ask unanimous consent that this economy and inflation with a considerable

with open eyes. letter be printed in the RECORD. lag, usually a year or more. The challenge of

So I do not think anyone is likely to There being no objection, the letter monetary policy is to interpret current data

was ordered to be printed in the in a way that permits us to anticipate future

listen to what I have to say on this inflationary or contractionary forces that

RECORD, as follows:

right now. The environment does not may evolve in the product or financial mar-

lend itself to that at the moment. But FEDERAL RESERVE SYSTEM,

Washington, DC, May 13, 1994. kets and to counter them by taking action in

I do want to be in a position at least to Hon. BYRON L. DORGAN, advance.

have done my duty and my responsibil- U.S. Senate, If we are successful in this endeavor, we

ity as chairman of the committee of Washington, DC. will not see any buildup of inflationary pres-

laying on the record what I honestly DEAR SENATOR: Thank you for your letter sures. Ideally, our actions will promote fi-

believe to be the consequences of the of April 25 expressing concern about recent nancial conditions under which our economy

action we are about to take, if it be- monetary policy actions. I appreciate the op- can grow at its greatest potential, consistent

comes law, if it comes out of con- portunity to explain our policy approach in with steady, noninflationary expansion of

some detail. employment and incomes. In reality, of

ference, if the President signs it-the The Federal Reserve's recent moves to in- course, we can't be entirely certain of the re-

consequences for commercial litigation crease short-term interest rates are most ap- sults of our actions. The economy will be

in the Federal system, the availability propriately understood in a historical con- subject to a variety of influences that can be

of Federal judges and prosecutors, and text. In the spring of 1989, we began to ease foreseen only imperfectly or not at all. We

the impact it will have on crime. monetary conditions in this country as we must weigh the risks and judge the most

Maybe I am wrong. We will see. But observed the consequence of balance-sheet likely outcomes, all the while keeping in

just remember, if it turns out that I strains resulting from increased debt, along mind the need to adjust policy as unexpected

with significant weakness in the collateral developments become evident. But we be-

happen to be right, be prepared to tell underlying that debt. Households and busi- lieve that by keeping monetary policy point-

the voters of the Nation that you are nesses became much more reluctant to bor- ed clearly toward our long-term goal of sus-

willing to spend more money, you are row and spend, and lenders to extend credit- tainable noninflationary growth we will help

willing to hire more judges, you are a phenomenon often referred to as the "cred- bring about the best possible economic out-

willing to hire more prosecutors, at a it crunch." In an endeavor to defuse these come for the American people.

magnitude of two, three, and four balance-sheet strains, we moved rates lower Sincerely,

times as many as we have now, to meet in a long series of steps through the summer ALAN GREENSPAN.

of 1992. Mr. DORGAN. I say, with great re-

this new workload. The resulting sharp decline in debt service

I see my friend from North Dakota charges and the restructuring of balance spect to the chairman of the Fed, that

on the floor. I assume he wants to sheets eventually alleviated the financial he is fundamentally wrong. They have

speak to one of these resolutions. distress, enabling the economy to begin to made decisions in secret and without

I yield the floor. move again in a normal expansionary pat- public debate that will put the brakes

Mr. DORGAN. Mr. President, I say to tern. In recent quarters, real GDP has accel- on this economy at precisely the time

the distinguished chairman that I will erated noticeably with particular strength in when we need more economic growth

interest-sensitive sectors. More than two and jobs. This is pitting the big inter-

soon insert in the RECORD a commu- million jobs have been created over the past

nication I received from the Chairman twelve months, and the unemployment rate ests against the little interests. These

of the Federal Reserve Board. has fallen substantially. In this more robust are policies made when there is no

With your indulgence, I ask unani- financial and economic climate, expansion of credible evidence of inflation on the

mous consent to speak for 4 minutes as money and credit has picked up. horizon, and are designed to help the

in morning business. With our objective of ameliorating impedi- money center banks. It is a classic con-

The PRESIDING OFFICER. Without ments to economic expansion met, there was flict between the big interests and lit-

no longer any policy purpose in maintaining

objection, it is so ordered. the level of nominal interest rates at the ac- tle interests-and the little guys al-

The Senator from North Dakota is commodative position held throughout 1993. ways loses. In the thirties, Bob Wilson

recognized. With balance sheets in improved shape, the and the Texas Playboys had a song

economic expansion apparently solid and about it: "The little bee sucks the blos-

self-sustaining, and the margin of slack in som, but the big bee gets the honey;

THE FEDERAL RESERVE BOARD productive capacity dwindling, a shift away the little guy picks the cotton, and the

Mr. DORGAN. Mr. President, as I was from our accommodative position imple- big guy gets the money."

listening to the Senator from Dela- mented in a measured and deliberate way (so The Federal Reserve policies are de-

as not to unsettle financial markets) was

ware, I was also looking at my desk clearly called for. Maintenance of the degree signed to protect the large financial

drawer. As is the custom in the Senate, of accommodation that was necessary in re- sector of this country, but will injure

people carve their names in desk draw- cent years would have posed a level of risk of irreparably 'the productive sector,

ers. In that drawer is not only the mounting inflationary imbalances that we those who create jobs and work in jobs.

name of a distinguished former Senator perceived as unacceptable. We are told that this is a global econ-

from many years ago, Gerald Nye, from To be sure, long-term interest rates moved omy. So why should we believe it when

North Dakota, but Warren G. Harding, up far more than we would have anticipated the Federal says we are reaching ca-

early this year. We had originally expected

and the name of a Senator from the long-term interest rates to move a little pacity to produce refrigerators and

State of the Presiding Officer, La higher temporarily as we tightened. The cars? That is not true. If it is a global

Follette, a great populist. sharp jump actually experienced, in my judg- economy, and if we are beginning to

As I was thinking about populism, I ment, is accounted for by a dramatic rise in reach capacity-which we are not-

was thinking about the Federal Re- market expectations of economic growth companies will produce them some-

serve Board. There has never been a and, perhaps, associated concerns about fu- where else. We are not going to have

clearer picture of combat between the ture inflation. Given the sharp change in additional price run-ups. Nowhere on

market perceptions of economic conditions,

little interests and big interests in this longer-term rates eventually would have in- the horizon is there a threat of infla-

country than that which goes on be- creased nearly the same-or perhaps even by tion. The consumer price index rose

hind closed doors at the Federal Re- more-had the Federal Reserve done nothing only one-tenth of 1 percent. You are

serve Board. I have been very dis- so far this year. not going to battle inflation by in-

May 19, 1994 CONGRESSIONAL RECORD-SENATE 11193

creasing interest rates for everybody in nity and due process. Similarly, last sanctions accelerated the demise of

this country. Where is the inflation? year's extension has been following apartheid in South Africa so can they

Where is the evidence? This has a lot with what many consider to be a dete- accelerate the respect for human rights

more to do with other things: specula- rioration of respect for human rights in and democracy in China.

tion on Wall Street, inordinate specu- China. The disregard for basic rights by Mr. President, there are many areas

lation in derivatives with some of the Chinese officials was underscored by of human rights violations in China

largest banks in this country. It has events which took place during the re- which are appalling. I would like to

more to do with things other than in- cent visits to China by Assistant Sec- briefly touch on one which is particu-

flation. retary of State Shattuck and Secretary larly disturbing-the situation in

I regret that the Federal Reserve Christopher. Tibet. As reported in today's Washing-

Board has taken policy action that I One of China's most prominent dis- ton Post, a congressional staff delega-

think is wrongheaded. I think the Fed's sidents, Wei Jingsheng was rearrested tion which traveled to Tibet in April

actions will injure this country's pro- on April 1 of this year-his apparent reported that "China's policies in Tibet

ductive economy. crime was meeting with Mr. Shattuck pose a grave threat to the survival of

I yield the floor to my friend from and allegedly urging him to tell Presi- the Tibetan religion and culture."

Arizona. dent Clinton to continue pressing Since 1949, it is reported that the Chi-

Mr. DECONCINI. Mr. President, I join China on human rights issues. Accord- nese have destroyed 6,000 Tibetan mon-

the Senator from North Dakota. ing to the Washington Post, China is asteries. The number of political pris-

I think the Senator from North Da- prepared to charge Wei with treason. oners in Tibet has increased 30 percent

kota makes a very good point. This is During the March 14 press conference from 1992, repression against Tibetan

destructive, in my opinion, of the Fed- that Secretary Christopher held in Buddhist nuns has sharply increased

eral Reserve. It is not done in the open. Beijing he said, "I came to China to try over this period and demolition of tra-

The public has no explanation of why to ensure that the Chinese side under- ditional Tibetan homes and buildings

this is done. There are no indicators stands the importance of human rights has increased dramatically.

that we are on the verge of inflation, or to the United States in connection Another prominent Chinese dis-

of economic boom here that is going to with Most Favored Nation treatment." sident, now an astrophysicist at the

get out of hand. I am anxious to read Well Mr. President, the Chinese offi- University of Arizona, has spoken most

the letter from the chairman of the cials showed us what they think of clearly of the real question the United

Federal Reserve. I have not written human rights by rounding up citizens States currently faces with MFN re-

him. I have spoken about this on the before, during and after the Secretary's newal. If we do not have the will to

floor. This irritates me, and it is very visit whose crime was expression of stand up for human rights, as we pro-

destructive. prodemocracy views. fess, then China will feel free to flout

MFN is a privilege, and it is one the the international community of civ-

Chinese Government has not earned. If ilized nations not only with respect to

HUMAN RIGHTS IN CHINA this trade status is extended, we will be human rights but perhaps also other

Mr. DECONCINI. Almost 5 years ago, rewarding the Chinese Government for areas such as the development and sale

the world watched in horror as thou- repressing nonviolent expression. Fur- of its military might. We risk the dan-

sands of peaceful democracy activists thermore, we will be saying that China ger of contributing to a chain of events

were massacred in Tiananmen Square. has lived up to the conditions placed in which will pose a threat to the stabil-

Not only has the Chinese Government last year's Executive order and is on ity of all of East Asia.

attempted to erase the memories of its way to democratic reform, some- I look forward to the day when MFN

that tragic event, but in succeeding thing which clearly has not occurred. and human rights in China are not

years has continued to imprison and I would like to discuss a couple of the linked. But that will be the day when

torture peaceful political dissidents, to arguments that have been used in this China becomes a respected member of

restrict freedom of expression and to debate. Many in this country are con- the international community of civ-

suppress religious practices. Those are vinced that if China is denied MFN it ilized nations. The ball is in the Chi-

severe charges, but they are accurate. will be of grave economic consequence nese court. All we are asking is that

One year after an Executive order to our country. But Mr. President, the they respect internationally accepted

was signed which stated that MFN truth is that access to the United norms of human rights. It is up to

would not be renewed unless China States market is far more important to Beijing to meet these basic conditions.

showed significant overall progress in the Chinese, than the reverse. Our $23 We have a deficit of $23 billion now

human rights, President Clinton faces billion trade deficit with China is with the People's Republic of China. It

an important choice. The President has strong evidence of the importance of is going to be $30 billion in another

the opportunity to decide whether we our market to that country. That fig- year or two. They need us. It is time

stand for a government which uses tor- ure is expected to reach $30 billion this for us to stand on what America is all

ture and terror to maintain its hold on year. The credible threat of denying about and what we did to bring down

power or whether we stand with the the Chinese billions of dollars is lever- the Berlin Wall and the change in the

forces that are trying to peaceful ex- age we can and should use to force Soviet Union, and that is to hang

press their ideas and move to a more change in China. tough on human rights, which is some-

democratic form of government. I be- Another argument used by those who thing that all Americans can be proud

lieve the choice is clear. We must send support MFN extension is that its rev- of.

a signal to the Chinese Government ocation will hurt those that it is de-

that the treatment of their citizens signed to help. This is the same argu-

ment used by many who voted against THE VIOLENT CRIME AND LAW

will be judged according to inter- ENFORCEMENT ACT OF 1994-

nationally recognized standards. sanctions against the past South Afri-

MESSAGE FROM THE HOUSE

That is the same signal we sent for can Government. Sanctions against

about 50 years to the former Soviet South Africa accomplished what I be- The Senate continued with the con-

Union. They finally got the message; lieve the link between human rights sideration of the message.

they finally bent, they finally changed. and MFN will for China-they proved CONRAD MOTION TO INSTRUCT

The previous administration's deci- effective in convincing that country's Mr. DURENBERGER. Mr. President,

sions to renew MFN and to pursue a leaders that a government which im- I rise to explain the reasons I will be

policy of constructive engagement with prisoned peacemakers, banned journal- voting against the motion to instruct

the Chinese Government was greeted ists, and denied basic human rights the crime bill conferees with respect to

with a continuation of flagrant dis- would not benefit from the economic the truth in sentencing provisions in

regard for human rights, human dig- might of the United States. Just as the Senate bill.

11194 CONGRESSIONAL RECORD-SENATE May 19, 1994

The Senate bill requires States to The most serious concerns are the require- The PRESIDING OFFICER. Are there

change their sentencing policies to ments in the Senate bill that must be met to any other Senators in the Chamber de-

match the Federal system in order to place prisoners in regional prisons funded in

the legislation. Requiring qualifying states

siring to vote?

qualify to send State prisoners to 10 re- to eliminate parole or make changes to en- The result was announced-yeas 74,

gional prisons. sure offenders serve 85 percent of their sen- nays 22, as follows:

I understand and appreciate the mo- tences, and mandating laws that are at least [Rollcall Vote No. 123 Leg.]

tivation of my distinguished colleagues as strict as the federal guidelines for certain YEAS-74

who have put forward this motion, Sen- crimes, will seriously impact state prison

Akaka Faircloth Mack

ators CONRAD and MACK. The concern is crowding. Prison systems already over their Baucus Feinstein Mathews

that violent criminals in State prisons capacities would become more crowded, far Bennett Ford McCain

are only serving a small portion of outstripping any benefits realized from the Bingaman Glenn McConnell

use of new regional prisons. Bond Gorton Mikulski

their sentences. The House bill also contains a state grant Boxer Graham Murkowski

Let me be clear: Violent criminals program that includes similar damaging Breaux Gramm Nickles

should not be set free to prey on our qualifications. States must demonstrate Brown Grassley Nunn

communities. But I believe the ap- from one year to the next that they are in- Bryan Gregg Pressler

Burns Harkin Pryor

proach in the Senate bill is the wrong creasing the percentage of convicted violent

Byrd Hatch Reid

way to address this problem. offenders sentenced to prison, and that they Campbell Helms Riegle

First, I have a fundamental belief are increasing the average prison time Chafee Hollings Rockefeller

that people on the local level are better served by those offenders through mecha- Coats Hutchison Roth

nisms such as mandatory sentences and Cochran Inouye Sarbanes

equipped than politicians in Washing- three-time loser laws. Cohen Kassebaum Sasser

ton to craft crime policy. The pro- Increasingly harsh policies such as those Conrad Kempthorne Simpson

ponents of this motion claim that the contained in these requirements frequently Coverdell Kerrey Smith

public is demanding that criminals result in a distorted use of criminal justice Craig Kerry Specter

resources and unnecessarily increase costs D'Amato Kohl Stevens

serve stiffer sentences. If that is true, Danforth Lautenberg Thurmond

then citizens should take their case to with no appreciable corresponding impact on Daschle Leahy Wallop

crime or fear of crime. Many states have Dole Lieberman Warner

State legislatures, which tend to be

traveled down this misguided path, and the Dorgan Lott Wofford

even more responsive to pressures from results have been disastrous. Huge amounts Exon Lugar

their constituents. Indeed, we have have been committed to the after-the-fact

seen that happening this year in States NAYS-22

reaction (prisons), leaving little or no reve-

across the country. nues to fund preventative initiatives which Biden Hatfield Moynihan

Second, the reason many States have would reduce violence, crime and fear in our Boren Heflin Murray

Bradley Jeffords Packwood

released criminals long before their cities. Bumpers Johnston Pell

sentences have been served is the prob- However, as an alternative to the Senate DeConcini Levin Simon

bill regional prisons language, the House bill Dodd Metzenbaum Wellstone

lem of prison overcrowding. It seems contains another much more flexible provi- Durenberger Mitchell

counterproductive to tell States that sion. It authorizes the Attorney General to Feingold Moseley-Braun

we will not offer them relief from pris- make grants to states and multistate com-

on overcrowding until they increase in- pacts to develop, expand, modify or improve NOT VOTING-4

carceration. correctional facilities and programs to en- Domenici Robb

In addition, the increasing incarcer- sure that space is available for violent, re- Kennedy Shelby

ation of nonviolent offenders because peat offenders. This proposal for a state So the motion to instruct was agreed

of mandatory minimum sentences has grant program more appropriately and stra- to.

tegically addresses state needs for federal as-

forced many States to release more se- sistance to address prison overcrowding. It GRAMM MOTION TO INSTRUCT CONFEREES

rious offenders. In Minnesota, we have mandates that states ensure violent offend- Mr. DURENBERGER. Mr. President,

been more successful than other States ers serve a substantial portion of the sen- I rise to explain why I will oppose the

in the area of prison overcrowding be- tences imposed. motion to instruct the crime bill con-

cause we reserve prison space for the I respectfully urge you to contact members

of the conference committee and convey to

ferees offered by my distinguished col-

most violent offenders and use alter- league from Texas, Senator GRAMM.

native punishment for offenders who them these concerns. There are serious ad-

verse consequences of requiring states to The consensus in the judiciary com-

are not a threat to the community. change their sentencing structure and poli- munity is that mandatory minimum

State criminal justice officials are cies, particularly when these changes result sentences are terrible policy. But that

nearly unanimous in opposing the Sen- in additional state spending far beyond the has not stopped Congress from putting

ate provision that is the subject of this financial benefits of the crime bill. Thank over 100 mandatory minimums on the

motion. you for your consideration of this request. books.

Recently, I received a letter from Sincerely,

Some mandatory minimums are fo-

Commissioner Frank Wood of the Min- FRANK W. WOOD,

Commissioner. cused on violent crime, but others

nesota Department of Corrections cover first time nonviolent offenses.

which outlines these concerns. I ask The PRESIDING OFFICER. The

question occurs on the motion offered

The result is that we have swelled our

unanimous consent that the text of prison population with people who

that letter be printed in the RECORD at by the Senator from North Dakota [Mr.

CONRAD] to instruct the conferees on aren't a threat to the community and

the conclusion of my remarks.

There being no objection, the letter the disagreeing votes of the two Houses who would probably do better in an al-

with respect to the bill H.R. 3355. On ternative to incarceration.

was ordered to be printed in the

this question, the yeas and nays have The Senate crime bill contains a pro-

RECORD, as follows:

MINNESOTA DEPARTMENT been ordered. The clerk will call the vision which would allow a departure

OF CORRECTIONS, roll. from mandatory minimums for a nar-

St. Paul, MN, May 6, 1994. The legislative clerk called the roll. row class of first time nonviolent of-

Hon. DAVE DURENBERGER, Mr. FORD. I announce that the Sen- fenders. The House bill contains a

U.S. Senator, ator from Massachusetts [Mr. KEN- broader safety-valve provision. I prefer

Washington, DC. NEDY] and the Senator from Virginia the House approach, and that is one of

DEAR SENATOR DURENBERGER: As the U.S.

[Mr. ROBB] are necessarily absent. the reasons I will not support this mo-

Senate and House crime bills move to con-

ference committee, I would like to express I also announce that the Senator tion.

my concerns regarding provisions of the bills from Alabama [Mr. SHELBY] is absent Mandatory minimum sentences have

relating to construction of regional prisons because of illness. not succeeded in reducing crime, and in

and state grants for prison expansion. These Mr. SIMPSON. I announce that the many cases have reduced the prospects

provisions have serious implications that Senator from New Mexico [Mr. DOMEN- for rehabilitation. Increasing incarcer-

could dramatically impact state budgets. ICI] is necessarily absent. ation has done little more than create

May 19, 1994 CONGRESSIONAL RECORD-SENATE 11195

Mathews Reid

more hardened criminals at the tax- Inouye Metzenbaum

Packwood

Riegle

Sasser Thurmond

Jeffords Pell Simon Warner

payer's expense. Johnston Mitchell

Simon

Robb

Simpson Wellstone

Few people have more experience Kerry Moseley-Braun Rockefeller

Specter Smith Wofford

Moynihan Roth

dealing with criminals than judges. Leahy Murray

Wellstone

Sarbanes

Specter

But mandatory minimums take away Levin Stevens



the ability of judges to do their job-to NOT VOTING-2 NAYS-4

make the punishment fit the crime. Kennedy Shelby Hatfield Nickles

They do not allow judges to take fac- So the motion to instruct was agreed Helms Wallop

tors into account like the offender's to. NOT VOTING-2

age, role in the offense, or prospects for Mr. BRADLEY. Mr. President, I Kennedy Shelby

rehabilitation. voted against the Gramm motion to in- So the motion was agreed to.

That should offend our sense of jus-struct the crime bill conferees for one D'AMATO MOTION TO INSTRUCT CONFEREES

tice, and that is why I will oppose thisreason-because it included an instruc- Mr. DURENBERGER. Mr. President,

motion. tion to conferees to support Senator I rise to explain the reasons I will be

The PRESIDING OFFICER. The ma-D'AMATO's provision federalizing gun voting against the motion to instruct

jority leader. crimes. While I support the other parts the crime bill conferees regarding the

Mr. MITCHELL. May we have order,of this amendment-the crime trust federalization of gun crimes.

please. fund, tough mandatory minimums, and The Senate bill would create concur-

The PRESIDING OFFICER. The Sen-cracking down on those who sell drugs rent Federal jurisdiction over any

ate will come to order. to minors, I cannot support the fed- crime committed with a firearm, and

The majority leader. eralization of gun crimes. We cannot would authorize the death penalty

Mr. MITCHELL. Mr. President, the get caught up in such a frenzy that we when a death results.

vote just completed was held under adeal with every aspect of the crime First, I make no secret of the fact

regular 15-minute time limitation. Iproblem by removing State authority that I am an opponent of the death

ask unanimous consent that the suc-and responsibility and shifting it to the penalty. I oppose it for philosophical

ceeding votes be limited to 10 minutes.Federal Government. We simply do not reasons; I believe it perpetuates the

The PRESIDING OFFICER. Without have the resources to deal with the ex- cycle of violence and I believe it is un-

objection, it is so ordered. traordinary flood of 900,000 new cases becoming for a civilized nation. I also

Mr. MITCHELL. I thank the Chair. that would be shifted to the Federal oppose capital punishment for prac-

The PRESIDING OFFICER. Thecourts if this provision were to become tical reasons; there is no evidence that

question occurs on the motion offeredlaw. it deters violent crime, and it actually

by the Senator from Texas [Mr. VOTE ON BIDEN MOTION TO INSTRUCT

costs our criminal justice system more

GRAMM] to instruct the conferees on CONFEREES to execute a person than it does to in-

carcerate a person for life.

the disagreeing votes of the two Houses The PRESIDING OFFICER. The Second, I am disturbed by the way

with respect to the bill, H.R. 3365. question occurs on agreeing to the mo- the Senate frantically moved to fed-

The yeas and nays have been order. tion offered by the Senator from Dela- eralize crimes on this bill. Last year,

The clerk will call the roll. ware [Mr. BIDEN] to instruct the con- my good friend Judge Paul Magnuson,

Mr. FORD. I announce that the Sen-

ferees on the disagreeing votes of the a distinguished Federal judge, pointed

ator from Massachusetts [Mr. KEN-two Houses with respect to the bill, out to me that of the 33 jury trials he

NEDY] is necessarily absent. H.R. 3355. had tried that year, only 2 were civil

I also announce that the Senator The yeas and nays have been ordered. cases. And he believes his caseload is

from Alabama [Mr. SHELBY] is absentThe clerk will call the roll. an exception because many judges have

because of illness. The legislative clerk called the roll. probably handled no civil cases.

The PRESIDING OFFICER (Mr. Mr. FORD. I announce that the Sen- As we load up the Federal courts

DASCHLE). Are there any other Sen- ator from Massachusetts [Mr. KEN- with more and more criminal matters,

ators in the Chamber who desire toNEDY] is necessarily absent. we are approaching the point where we

vote? I also announce that the Senator do not have a civil judiciary in this

The result was announced, yeas 66, from Alabama [Mr. SHELBY] is absent country. We have hundreds of State

nays 32, as follows: because of illness. court judges in Minnesota and only five

[Rollcall Vote No. 124 Leg.] The result was announced-yeas 94, Federal judges. Our Federal criminal

YEAS-66 nays 4, as follows: justice system simply does not have

Baucus Exon

McCain [Rollcall Vote No. 125 Leg.] the resources to handle the caseload

Bennett

Faircloth

McConnell that could result from the Senate bill.

Mikulski YEAS-94

Bingaman Feinstein State criminal justice systems are

Bond Murkowski Kempthorne

Boxer

Ford

Nickles Akaka DeConcini much better equipped to handle the

Gorton Kerrey

Breaux Nunn Baucus Dodd

Kerry problem of crime than the Federal sys-

Graham Bennett Dole

Brown Gramm

Pressler

Biden Domenici

Kohl tem. That is why I will oppose this mo-

Bryan Pryor Lautenberg tion.

Grassley Bingaman Dorgan

Bumpers Reid Leahy

Burns

Gregg

Riegle

Bond Durenberger

Levin

The PRESIDING OFFICER. The

Hatch Boren Exon question is on agreeing to the motion

Byrd Robb Lieberman

Helms Boxer Faircloth

Campbell Hollings

Rockefeller

Bradley Feingold

Lott of the Senator from New York [Mr.

Coats Roth Lugar D'AMATO] to instruct the conferees on

Hutchison Breaux Feinstein

Cochran Sarbanes Mack

Cohen

Kassebaum

Sasser Brown Ford

Mathews

the disagreeing vote of the two Houses

Kempthorne Bryan Glenn with respect to the bill H.R. 3355. On

Conrad Simpson McCain

Kerrey Bumpers Gorton

Coverdell Kohl

Smith

Burns Graham

McConnell this question, the yeas and nays have

Craig Stevens Metzenbaum

D'Amato

Lautenberg

Thurmond Byrd Gramm been ordered, and the clerk will call

Lieberman Mikulski

DeConcini Wallop Campbell Grassley

Mitchell

the roll.

Lott Chafee Gregg The assistant legislative clerk called

Dole Warner Moseley-Braun

Lugar Coats Harkin

Domenici

Mack

Wofford Moynihan the roll.

Cochran Hatch

Cohen Heflin

Murkowski Mr. FORD. I announce that the Sen-

NAYS-32 Conrad Hollings

Murray ator from Massachusetts [Mr. KEN-

Nunn

Akaka Danforth Feingold Coverdell Hutchison

Packwood NEDY] is necessarily absent.

Biden Daschle Glenn Craig Inouye Pell I also announce that the Senator

Boren Dodd Harkin D'Amato Jeffords

Bradley Dorgan Hatfield Danforth Johnston

Pressler from Alabama [Mr. SHELBY] is absent

Pryor

Chafee Durenberger Heflin Daschle Kassebaum because of illness.

11196 CONGRESSIONAL RECORD-SENATE May 19, 1994

The result was announced-yeas 51, and Mr. GRASSLEY conferees on the assessment every time they issue a new

nays 47, as follows: part of the Senate. regulation. While that sounds reason-

[Rollcall Vote No. 126 Leg.] able-a fair way to protect private

YEAS-51 APPOINTMENT BY THE VICE property rights-the amendment is

Baucus Faircloth McCain PRESIDENT part of what the Atlanta Constitution

Bennett Feinstein McConnell describes as a "broad-based, well-orga-

Breaux Ford Mihulski The PRESIDING OFFICER. The nized but low-profile effort to gut envi-

Brown Gramm Murkowski Chair on behalf of the Vice President, ronmental and land use laws."

Bryan Grassley Nunn

Burns Hatch Pressler in accordance with title 22, United So called takings bills have been in-

Byrd Helms Riegle States Code, sections 1928a-1928d, as troduced, and defeated, in legislatures

Conrad Hollings Robb amended, appoints the Senator from across the country, and have been

Coverdell Hutchison Rockefeller

Craig Roth

South Carolina [Mr. HOLLINGS] as a brought before the Senate on several

Jeffords

D'Amato Kassebaum Sasser member of the Senate delegation to occasions. Faced with a bill nearly

DeConcini Kempthorne Simpson the North Atlantic Assembly spring identical to the Dole amendment, the

Dodd Kerrey Smith meeting during the second session of Governor of Idaho wrote:

Dole Lieberman Stevens

Domenici Lott Thurmond the 103d Congress, to be held in Oslo, Simply stated, this bill is not concerned

Dorgan Lugar Wallop Norway, May 26-31, 1994. with the protection of property owners and

Exon Mack Warner the promotion of the social welfare * * *. In-

NAYS-47 stead, it central focus is the protection of se-

MORNING BUSINESS lect property owners (developers, polluters,

Akaka Feingold Metzenbaum

Biden Glenn Mitchell Mr. FORD. Mr. President, I ask unan- etc.) to do what they want regardless of the

Bingaman Gorton Moseley-Braun imous consent that there now be a pe- effects of their actions on their communities

Bond Graham Moynihan riod for morning business with Sen- and their neighbors. This legislation essen-

tially throws up paperwork

ators permitted to speak therein for up roadblocks to the state's and bureaucratic

Boren Gregg Murray

Boxer Harkin Nickles promulgation of

Bradley Hatfield Packwood to 5 minutes. regulations to further protect the general

Bumpers Heflin Pell The PRESIDING OFFICER. Without welfare of the people * * *

Campbell Inouye Pryor

Chafee Johnston Reid objection, it is so ordered. Republican legislators from New

Coats Kerry Sarbanes Hampshire and Colorado wrote Mem-

Cochran Kohl Simon

Cohen Lautenberg Specter S. 2019 TAKINGS AMENDMENT bers of Congress last year:

Danforth Leahy Wellstone

Mrs. BOXER. Mr. President, I voted [T]akings legislation would increase taxes

Daschle a of

for final passage of S. 2019, the reau- and create As new, unnecessary leveland bu-

Levin Wofford

Durenberger Mathews reaucracy. fiscal conservatives, be-

NOT VOTING-2 thorization of the Safe Drinking Water lievers in limited state government, we suc-

Act, despite serious misgivings about cessfully opposed state "takings" bills be-

Kennedy Shelby

the takings amendment approved by cause they were expensive "Budget-Busters,"

So, the motion was agreed to. voice vote late yesterday. which would require large and

GRAMM MOTION TO INSTRUCT I voted for the bill because it con- undeterminable new costs.

Mr. LEVIN. Mr. President, I support tains provisions I consider crucial to Mr. President, I ask unanimous con-

three provisions of the Gramm motion: protecting public health. The bill also sent that these letters be included in

the provision supporting the establish- provides a significant new level of the RECORD.

ment of a Violent Crime Reduction flexibility that will allow us to meet Mr. President, I believe that the

Trust Fund; the provision supporting our goals at the lowest possible cost for right to own private property is one of

allowing suspension of a mandatory the thousands of local water supply our fundamental rights as Americans.

minimum sentence only in those cases systems. But this isn't about protecting private

where the individual is truly a first- The bill includes provisions I offered property, and I must oppose efforts to

time, nonviolent offender; and the pro- both in committee and on the floor undermine the right to governments to

vision supporting the Senate amend- that strengthen the legislation in sig- fairly regulate land use in the interest

ment which provides mandatory mini- nificant ways. The Senate approved my of the public. I support orderly develop-

mum terms of imprisonment for adults amendment to require the EPA to take ment and the sanctity of neighbor-

who sell illegal drugs to a minor or into account children, infants, preg- hoods; I believe we should. keep power-

who use a minor in drug trafficking. nant women, the frail elderly, and plants, prisons, and porno theaters

All of these provisions were also in the other vulnerable groups when setting from being built next to homes; and

crime bill which I support. drinking water standards. The Senate Government should be able to prevent

I will vote against the Gramm mo- also approved my amendment to pro- one property owner from flooding an-

tion, however, because of its fourth tect the 30 million Americans who de- other's land, to keep rivers clean by in-

provision, which provides for a death pend on well water from lead leaching sulating them from too much develop-

penalty. As you know, Mr. President, I at dangerous levels from well-water ment, to make sure no one property

have long opposed the death penalty pumps and component parts. creates a nuisance or a hazard for the

for a number of reasons, including its S. 2019 also includes provisions I au- rest.

inability to correct for mistakes made thored that will assure water system Mr. President, as the National Gov-

in the judicial process. customers of adequate notice if their ernors Association has said, "Interpre-

On a previous motion, the Conrad- water supplier violates drinking water tation of the fifth amendment of the

Mack motion, the debate ignored the quality standards and clarify the Constitution concerning the taking of

fact that the Senate language displaces EPA's authority to define what con- private property by the Government is

a three-strikes-and-your-out incentive stitutes "best available technology" the appropriate province of the courts

in the House language for serious vio- for small water systems. * * * legislative requirements are not

lent felonies. The displacement of that But, unfortunately, S. 2019 also in- warranted."

provision is surely worthy of greater cludes an. amendment I considered to While I supported final Senate pas-

consideration before our conferees are be a threat, not only to our safe drink- sage of S. 2019, I reserve my right to

instructed to displace it. ing water laws, but to Government's oppose a conference report on this, or

The PRESIDING OFFICER. Under ability to fulfill its most basic respon- any bill, that includes a so-called

the previous order, the Chair appoints sibility-the protection of the health takings amendment.

Mr. BIDEN, Mr. KENNEDY, Mr. METZEN- and safety of our people. There being no objection, the letter

BAUM, Mr. DECONCINI, Mr. LEAHY, Mr. The amendment would require Fed- was ordered to be printed in the

HATCH, Mr. THURMOND, Mr. SIMPSON, eral agencies to do a takings impact RECORD, as follows:

May 19, 1994 CONGRESSIONAL RECORD-SENATE 11197

OFFICE OF THE GOVERNOR, benefits of the rules and regulations to the TONY GRAMPSAS,

STATE CAPITOL, people of the state of Idaho." Idaho Code §67- Republican-House

Boise, ID, April 1, 1993. 5201(8). Thus, the Legislature already has a District 25, Speaker

Hon. MIKE SIMPSON, mechanism by which it could obtain an anal- Pro Temps, Colorado

Speaker of the House, ysis of the effect of state agency regulations. House of Represent-

House of Representatives. I am not aware, however, of the Legislature's atives.

DEAR MR. SPEAKER: I have the honor to ad- ever using this tool. House Bill 322 would re-

vise you that I have transmitted to the Of- quire state agencies to prepare hundreds of

fice of the Secretary of State herewith, with- analyses, despite the fact that the Legisla- TAIWAN DESERVES FAIR

out my approval, disapproved, and vetoed: ture has never even asked for such a similar TREATMENT

House Bill 322 within the time limited by analysis under existing legislation.

Finally, this bill is even more expansive, Mr. BROWN. Mr. President, I rise

law, the same having arrived in the Office of

the Governor at the hour of 4:28 p.m. on onerous and flawed than previous versions of today to congratulate President Lee

March 24, 1993. the same legislation: Senate Bill 1439, which Teng-hui of the Republic of China on

House Bill 322 requires each state agency I vetoed last year, and House Bill 262aa, the fourth anniversary of his Presi-

which I vetoed two years ago. dency.

to designate a person to prepare a "takings For these reasons, Mr. Speaker, I have

impact statement" for state agency actions President Lee Teng-hui is the first

withheld my approval, disapproved, and ve-

with "takings implications." "Private prop- toed House Bill 322 and returned the same freely-elected President in the history

erty" has been defined in this bill as includ- within the time provided by law. of the Republic of China. Under the

ing "all property, real or personal." If this Sincerely, leadership of President Lee, the Repub-

bill were to become law, state agencies CECIL D. ANDRUS, lic of China on Taiwan has become one

would be required to prepare takings-impact Governor. of the fastest-growing, most dynamic

assessments for each and every state agency economies in the Asia-Pacific region.

action with takings implications, including OCTOBER 26, 1993. In the past 4 years, Taiwan also made

the promulgation of regulations and the DEAR MEMBER OF CONGRESS: As Republican

granting, denial or conditioning of licenses impressive progress in democratiza-

state legislators, we are writing to urge you

or permits. The bill contemplates the cre- to oppose federal "takings" bills and amend- tion: Free and fair elections are rou-

ation of a morass of additional state govern- ments for the same reasons that we and our tinely held in a multiparty political

ment paperwork for seemingly no purpose. colleagues killed similar state legislation: system. Today's Taiwan is one of the

Various state agencies have testified that "takings" legislation would increase taxes most stable, prosperous, and demo-

they would be required to hire at least an ad- and create a new, unnecessary level of bu- cratic nations in the world.

ditional attorney and support staff for that reaucracy. Maintaining our close relationship

attorney just to comply with this legisla- As fiscal conservatives and believers in with Taiwan is in our national inter-

tion. The fiscal impact on state government limited state government, we successfully est. It is an important pillar support-

would be burdensome despite the legislative opposed state "takings" bills because they ing regional peace, regional security

pronouncement that this bill has "no fiscal were expensive "Budget-Busters," which

would require large and undeterminable new and regional prosperity. President

impact." Thus, the Legislature by this bill

would like to require state agencies to en- costs. Bush recognized the importance of Tai-

gage in a paperwork runaround without pro- State and federal "takings" bills would wan to the region when he dispatched

viding any funding to support the work re- give taxpayer subsidies to special interests his Cabinet-level appointee, United

quired. who have to comply with legal requirements States Trade Representative Carla

The preparation of written takings-impact designed to protect the private property, and Hills, to Taiwan. Continued high-level

assessments would involve a time-consuming the health and safety, of average Americans. United States attention to Taiwan is

and expensive bureaucratic process that Everyone agrees that where the courts de-

termine that private property has been an important component of the success

would make government decision-making of United States policy in the Asia-Pa-

slower and less effective. Regardless of "taken" for public use, just compensation

must be paid under the Fifth Amendment to cific region.

whether an action actually would result in a

the federal Constitution or similar state con- Congressional recognition of Tai-

constitutional violation, an agency would be

required to include an analysis of "alter- stitutional provisions. We agree, however, wan's importance was evidenced in the

natives" to the action and the preparation of with the National Governors' Association, Foreign Relations Act signed into law

"an estimate of the financial cost to the gov- which resolved in 1992 that "takings" issues by President Clinton on April 30, 1994.

ernment agency occupational health and are "the appropriate province of the courts" Section 508 of that Act urges the Presi-

and that such bills "would have far-reaching

safety of workers, consumers, children, and dent, on behalf of the Congress, to:

implications for state and local zoning, land

the underprivileged against those who would ". . send Cabinet-level appointees to

exploit them. management, and public health laws of all

kinds." Taiwan . ." and to ". . . take steps to

Simply stated, this bill is not concerned In cases where there is clearly no constitu- show clear United States support for

with the protection of property owners and tional right to compensation, "takings" bills Taiwan both in our bilateral relation-

the promotion of the social welfare of the would injure average citizens by increasing ship and in multilateral organizations

Idaho citizens. Instead, its central focus is taxes or by diverting limited government re-

the protection of select property owners (de- of which the United States is a mem-

sources for a new entitlement program. They ber."

velopers, polluters, etc.) to do what they would also increase litigation and require

want regardless of the effects of their actions Nonetheless, early in May, this clear

taxpayers to hire lawyers and accountants to

on their communities and their neighbors. conduct a site-specific examination of any expression of congressional intent was

This legislation essentially throws up paper- conceivable impact on each piece of property ignored by the administration. Presi-

work and bureaucratic roadblocks to the from each government action. dent Lee was humiliated by the State

state's promulgation of regulations to fur- The idea that property owners can demand Department's rude and inappropriate

ther protect the general welfare of the people government compensation because of per- refusal of his request to stop overnight

of the state of Idaho. ceived limitations from health, safety, anti- in Hawaii while on his way from Tai-

In the final analysis, enactment of this leg- pollution and other laws and regulations is

islation would be a complete waste of the wan to Costa Rica. The Communist

constitutionally unsound. It would also

taxpayers' money. The Legislature has al- government of the People's Republic of

harm the public by raising taxes and by dis-

ready provided that, pursuant to Idaho Code couraging government actions that protect China lodged a diplomatic protest

§67-5218, "a concurrent resolution may be our rights. We all live downstream, down- about who the United States should

adopted [by the Legislature] rejecting, wind or next door to property where pollu- and should not permit to overnight on

amending, or modifying" an agency rule that tion and other harmful activities have been United States soil, and government

it finds offensive. In addition, the Legisla- restrained to protect our rights. "kowtowed." The Clinton administra-

ture has the ability to request a state agency Therefore, we urge you to join us in voting tion's treatment of a freely elected

to provide an accounting of the effect of a against increased taxes and unnecessary bu- leader is embarrassing to all Ameri-

proposed rule. In this regard, Idaho Code §67- reaucracy by opposing "takings" bills.

5203(e) has required a state agency to prepare Sincerely, cans, and calls into question this ad-

a "statement of economic impact" of any RICHARD L. RUSSMAN, ministration's commitment to democ-

proposed rule when requested by the joint Republican-E. Kings- racy.

germane sub-committee. Such a statement is ton, New Hampshire Mr. President, I would like to take

to include "an evaluation of the costs and Senate. this opportunity to commend my col-

11198 CONGRESSIONAL RECORD-SENATE May 19, 1994

league, Senator SIMON, for being the U.S. SENATE, be growing global prosperity based on

first to bring this matter to the Washington, DC, May 17, 1994. free and fair international trade.

public's attention. This rude treatment

Hon. LEE TENG-HUI, I remember with special appreciation

President, Republic of China on Taiwan. the contributions the people of Taiwan

has the potential to severely hamper DEAR PRESIDENT LEE: The Republic of

our relations with Taiwan and to affect made last year to help alleviate the

China on Taiwan, under your leadership, has

Taiwan's international status. become a leader in the industrialized world suffering of the people of Kansas and

with a dynamic and growing economy and a elsewhere in the midwest during the

To demonstrate to President Lee of

prosperous and free people. As Senators from terrible floods which devastated the re-

Taiwan that the rude and inappropri- gion. It is but one of many examples of

states with a strong focus on the Pacific

ate behavior of this administration is Rim, we see tremendous opportunities to ex- the genuine, long-standing friendship

not shared by the American public, pand and strengthen ties between the people between our people.

Senator MURKOWSKI and I have sent a of the United States and the people of the Let both nations continue to build on

letter to President Clinton expressing Republic of China on Taiwan. We are firmly that friendship. And let us all join

our serious concerns over this event. in favor of preserving and promoting exten- today in congratulating President Lee

We have also invited President Lee sive, close, and friendly commercial, cultural and the people of the Republic of China

Teng-hui to visit our home States of and other relations between the United

States and Taiwan. on Taiwan on all that they have ac-

Colorado and Alaska. We hope that complished, at home and around the

For that reason, we would like to formally

President Lee's visit to our States will world.

invite you to come to the United States to

demonstrate the extensive, close, and see for yourself the strong sentiments and

friendly feelings that everyday Ameri- support for the Republic of China on Taiwan.

cans have for the people of Taiwan. Specifically, we would like to invite you as THE 40TH ANNIVERSARY OF THE

our guest to visit our home states-Alaska SUPREME COURT'S BROWN VER-

Mr. President, I ask uananimous con- SUS BOARD OF EDUCATION RUL-

and Colorado. We would also be honored if

sent that these two letters be printed

you could be our guest in Washington, D.C. ING

in the RECORD at the conclusion of my Thank you for your consideration of our

remarks. Ms. MOSELEY-BRAUN. Mr. Presi-

invitation.

Sincerely, dent, yesterday was the 40th anniver-

I thank the Chair. sary of the Supreme Court's landmark

HANK BROWN,

There being no objection, the letters FRANK H. MURKOWSKI, ruling in the case of Brown versus

were ordered to be printed in the U.S. Senators. Board of Education. In Brown, Chief

RECORD, as follows: Justice Earl Warren, writing for a

U.S. SENATE, unanimous court, struck down the doc-

Washington, DC, May 17, 1994. FOURTH ANNIVERSARY OF THE trine of separate but equal, holding

Hon. WILLIAM J. CLINTON, PRESIDENCY OF PRESIDENT LEE that it did, in fact, violate the equal

The President,

The White House.

OF THE REPUBLIC OF CHINA ON protection clause of the 14th amend-

TAIWAN ment to the Constitution.

DEAR MR. PRESIDENT: On April 30, 1994, you What tends to get lost in the discus-

signed into law the Foreign Relations Au- Mr. DOLE. I am pleased to join the

sion over Brown is that, in purely legal

thorization Act. Section 508 of that Act distinguished Senator from Alaska,

terms, the decision was actually very

urges you to "take steps to show clear Unit- Senator MURKOWSKI, and other Sen-

ed States support for Taiwan. . ." This ex- narrow. It was limited in scope, apply-

ators from both sides of the aisle in

pression of congressional intent is consistent ing solely to the field of public edu-

recognizing the fourth anniversary of

with the Taiwan Relations Act which sets cation. It did not even provide the

the inauguration of President Lee plaintiffs with a remedy for correcting

forth the policy of the United States "to pre-

serve and promote extensive, close, and

Teng-hui of the Republic of China on the discrimination, forcing them to re-

friendly commercial, cultural, and other re- Taiwan-an anniversary that will be turn to the Supreme Court the next

lations between the people of the United officially observed on May 20. year, in a case known as Brown II, for

States and the people on Taiwan. .. ." 22 President Lee has provided his nation relief. The simple fact is that the ac-

U.S.C. 3301. remarkable leadership at an important tual plaintiffs in Brown never realized

Despite this expression of congressional in- time of political and economic transi- the fruits of their victory, never actu-

tent, we were embarrassed to learn that the tion in Asia. ally attended a desegregated school,

Department of State refused the request of Under President Lee's leadership, de- due to the official government resist-

the Honorable Lee Teng-hui, the freely elect- mocracy has taken a giant leap for-

ed leader of the democratic Republic of ance in carrying out Brown's directive.

ward on Taiwan. Under his leadership, However, I think the reason that gets

China on Taiwan, to overnight in Hawaii the economy of Taiwan has continued

enroute to Costa Rica. We believe this deci- lost-the reason that, on its 40th anni-

sion was ill advised. We were particularly to grow, and the people of Taiwan have versary, no one discusses the narrow-

dismayed to hear that this decision was continued to enjoy growing prosperity. ness of the Court's ruling in Brown-

made to appease the PRC's Ambassador who And under his leadership, Taiwan has was summed up by an editorial in yes-

had protested the presence of President Lee further expanded its constructive role terday's Washington Post. The edi-

on American soil. in international and multilateral af- torial stated, "Seldom does a Supreme

Mr. President, we believe that our country fairs, in such organizations as the Court ruling have such a profound im-

should be doing everything it can to promote Asian Development Bank, GATT and pact on the country's social structure,

close and friendly ties with the Republic of the Organization for Asian Pacific Eco- moral tone, and constitutional assump-

China on Taiwan-a democratic country that nomic Cooperation Development Bank. tions as to become a benchmark in the

is extremely important to our economic and All these achievements merely set

security interests in East Asia. For that rea- Nation's history".

son, we have attached a letter that we have

the stage for what I believe, and many For the fact is that, with a single

sent to the Honorable Lee Teng-hui inviting Senators believe, will be even more im- stroke of the pen, the Supreme Court

him to visit our home states of Alaska and pressive accomplishments in the years started this Nation down a long and

Colorado, and to be our guest in Washington. ahead. Certainly the Republic of China troubled road toward equal oppor-

We think that such a visit by Mr. Lee can go on Taiwan deserves to play a role, and tunity for all citizens, regardless of

a long way to repair the damage done by the can play a highly constructive role, in race or religion or gender or national

recent snubbing at the hands of the State the United Nations. Certainly we, in origin. By writing in its unanimous

Department, and to promote extensive, this country, can enjoy even closer and opinion that "In the field of public edu-

close, and friendly relations with the people

of the Republic of China on Taiwan.

more mutually beneficial relations cation, the doctrine of separate but

Sincerely, with the Republic of China on Taiwan, equal has no place," the Supreme

FRANK MURKOWSKI, in all spheres. And certainly Taiwan Court laid the cornerstone for all the

HANK BROWN, will continue to be one of the most advances in civil rights in America in

U.S. Senators. powerful engines for what we hope will the past 40 years.

May 19, 1994 CONGRESSIONAL RECORD-SENATE 11199

In 1954, the year of the Brown deci- Act, an act that would have afforded opportunity to black South Africans.

sion, the entire South, and many bor- those sentenced to death the same But his victory was not just a victory

der States, lived under the domain of right to present a claim of discrimina- for black South Africans but for South

Jim Crow. Blacks were relegated to the tion as those turned down from renting Africans of every race and color.

back of the bus, were banned from an apartment or fired from their jobs. South Africa is in the process of

white lunch counters, and were not al- As study after study after study pre- transforming itself into a multicul-

lowed to use the same bathroom or sented during the debate shows-in- tural, pluralistic, democratic society.

water fountains as whites. Interracial cluding a study conducted by the Gen- That metamorphosis was personified

marriage was prohibited-by law-in eral Accounting Office-there exists to by the Pretoria Children's Choir. This

many States, and any black who at- this day a pattern of racial disparities group of young teenagers looked like

tempted to vote was quite literally in the charging, sentencing, and impo- South Africa. One could see strains of

risking his or her life. Although today sition of the death penalty. One need every imaginable racial and ethnic

the Court's ruling seems quite logical, look no further than the Federal crimi- group, and they sang and danced in

and not all that revolutionary, we can nal justice system itself to realize this. unison. One song brought tears to my

never forget the extraordinary courage Since 1988, the Federal death penalty eyes. They sang: "We all know we are

of those who, in that atmosphere, for drug kingpins has been sought different from one another; be proud of

fought for the proposition that sepa- against 36 defendants-4 white, 4 His- your heritage; but know that you are

rate but equal was, in fact, inherently panic, and 28-or 77 percent-African- my brother."

unequal-the late Supreme Court Jus- American. Mr. President, I mention my recent

tice Thurgood Marshall, who argued Mr. President, the fact that millions trip to South Africa because while the

the Brown case before the Court, his of our Nation's citizens continue to be Supreme Court's Brown versus Board

cocounsels, George Hayes and James segregated by race and ethnicity in our of Education ruling began the disman-

Nabrit, Jr., Linda Brown and her fam- Nation's schools as well as in our Na- tling of our Nation's system of apart-

ily, and the other plaintiffs in the case tion's communities is unacceptable. heid in education, of apartheid in the

and, of course, the Supreme Court it- The fact that defendants continue to be death penalty, more needs to be done.

self. sentenced to death based on their race, Education is more than a private

We can never overstate the impor- or the race of their victims, is unac- benefit to individuals, it is a public

tance of this ruling. For without the ceptable. These statistics tell us what good for us all. How well a democratic

decision in Brown, there is no telling we already know-that despite the his- society is able to function depends in

where our Nation would be today. toric decision in Brown, despite the large part on the opportunities for edu-

Without the Supreme Court on its side, gains in civil rights of the past 40 cation available to its citizens. That

would the U.S. Congress have had the years, we still have a long way to go connection is seen in everything from

courage to pass the Civil Rights Act of before the doctrine of separate but crime statistics, to health status, to

1964, the Voting Rights Act of 1965 or equal is truly abolished. electoral participation, to inter-

the Civil Rights Act of 1968? Without I know this is not a fun subject to national competitiveness.

the Supreme Court on their side, would discuss. I know people throughout this The elimination of discrimination in

those who rallied around a woman country wonder why we can't forget the death penalty is equally important.

named Rosa Parks, who refused to give about race, why we can't just be proud I know some people ignore the implica-

up her seat on the bus, have had the of how far we've come, and leave well- tions of this continued discrimination

courage to risk water cannons and po- enough alone. As Clarence Page stated by reasoning that, after all, these are

lice dogs and rocks to stand alongside in a recent column in the Chicago Trib- only criminals. They have committed

her? Would civil rights achievements une, the idea that separate but equal is heinous and unspeakable acts, and it

in other areas-banning discrimination inherently unequal has fallen on hard doesn't really matter if we deny them

against women, against those with dis- times. Said Page, and I quote, "Never equal protection under the law. But the

abilities-have been possible? Thank- have I seen whites more weary of the simple fact is, if we continue to allow

fully Mr. President, these are questions idea that race is still a significant death sentences to be imposed on the

we will never have to answer. problem in America. Never have I seen basis of race, we diminish all of our hu-

Nonetheless, 40 years later, I cannot black folks, particularly young blacks, manity. This country has long stood

help but be troubled that, in so many so weary of pressing for white accept- for the proposition that even those who

areas, our Nation is no longer moving ance." But we cannot, we must not have done wrong have rights. Even

forward toward racial unity and har- allow this weariness to distract us those who have committed a crime de-

mony but slipping back toward seg- from the task at hand. The issues at serve not to be discriminated against

regation, toward two nations, separate stake are too important. on the basis of race. Eliminating that

and unequal. Nowhere is that more ob- I recently returned from South Afri- protection for any class in society-

vious than in our Nation's schools, the ca where I was able to witness what even criminals-sends a strong message

very subject of the Brown ruling. can happen when people of all races that equal protection is not s highly

In a study conducted for the Depart- and colors come together to fight valued in this Nation as we claim it is.

ment of Education last year, Prof. against racism and segregation. Mr. President, these are just two il-

Gary Orfield found that despite rapid By now we have all seen the truly lustrations of the fact that, as far as

movement toward integration from the moving and truly remarkable sight of this Nation has come since that day 40

mid-1960's to the early 1970's, our Na- blacks and whites together waiting in years ago when the Supreme Court

tion's schools are now more segregated lines literally miles long, waiting 8 full handed down the Brown decision, we

than ever. Specifically, this study hours and more, to vote in the first still have a long way to go. Brown was

found that 70 percent of black and His- multiracial elections in South Africa's a giant step forward in the process of

panic students now study in classrooms history. achieving full political and economic

with a predominantly minority enroll- I was a part of the U.S. delegation integration. But we've made more

ment. In my hometown of Chicago, that was present at the inauguration of progress on the political front than on

that number is even more troubling- Nelson Mandela. He is a man who spent the economic front. Full economic in-

more than 90 percent of black students 27 years in prison, not for crimes, but tegration is necessary to overcome the

still attend either mostly black or pre- for trying to open up opportunities for legacy of discrimination, and edu-

dominantly minority schools. all South Africans. But he was not em- cation is an important part of achiev-

Or take another example, the contin- bittered by his years in prison. Instead ing that economic integration.

ued discrimination in the administra- he stayed true to his values. While the problems we confront

tion of the death penalty. Last week, Nelson Mandela, and the coalition he today, in 1994, are different than the

this body debated the Racial Justice heads, is bringing new freedom and new ones confronted by the Supreme Court

11200 CONGRESSIONAL RECORD-SENATE May 19, 1994

40 years ago, in 1954, the fundamental cial discrimination in the death pen- that under the Federal death penalty

meaning of Brown versus the Board of alty won. There is clearly no reason for drug kingpins, 77 percent of those

Education has not changed. At its core, why we need to have this exact same chosen for death penalty prosecutions

Brown was bout values-about the sig- conversation 1 week later. But the fact have been black? Keep in mind that 75

nificance and worth of every individ- of the matter is that there have always percent of those charged under this

ual, regardless of race or religion or been individuals, including those in same statute have been white. Yet 77

gender or national origin. Brown stated Congress, who will stand in repeated percent of the death penalty charges-

what we all know, that we are greater and immovable opposition to laws pro- including 10 out of 10 capital cases that

as a Nation if we stand together and tecting our civil rights. And so those of have been brought under the Clinton

use the talents of all our citizens than us who believe in civil rights, who be- Administration and Attorney General

if we allowed ourselves to be divided on lieve in ending discrimination in the Janet Reno-have been made against

a characteristic as meaningless and ir- death penalty, must come out and de- African-Americans. If that does not

relevant as the color of one's skin. No bate this with them every single time. convince my colleagues there is a prob-

matter what happens, no matter what The way opponents of the Racial Jus- lem that desperately needs to be cor-

new problems we confront, we must tice Act are behaving, you would think rected, what will?

never forget that message. Instead, the there was absolutely, positively no evi- Another statistic that clearly dem-

belief in true equality that was voiced dence of discrimination in the death onstrates the continuation of racism in

in Brown should underlie everything penalty. You would think the authors the death penalty is the fact that, of

we do in this Nation, today, tomorrow of the Racial Justice Act just dreamed the 230 executions that have been car-

and every day. it up on a rainy day because they had ried out in the United States since 1976,

Mr. President, the 40th anniversary nothing better to do. only 1 of those---has involved a

of Brown should not just be a time to The fact of the matter is that the Ra- white person killing a black person.

reflect on the importance of the deci- cial Justice Act was developed after Think about that statistic for a second.

sion. Rather, it should be a time for the U.S. Supreme Court explicitly stat- Of 230 executions since 1976, only 1 in-

the people of this Nation, including ed in the case of McCleskey versus volves a white killing a black. Does

those of us in the Senate, to rededicate Kemp that the evidence of racial dis- that statistic shock and appall and dis-

ourselves to the struggle of ensuring crimination in that case was, and I gust anyone else in this body as much

equal justice for all. It is worth recall- quote, "best presented to the legisla- as it does me? How could anyone who is

ing what Frederick Douglass said over tive bodies," who could develop the ap- aware of that statistic be against the

a century ago: "If there is no struggle, propriate solutions. McCleskey in- Racial Justice Act?

there is no progress." We must ask and volved what is referred to as the What do these statistics say about

demand that we all live up to the val- "Baldus study." The Baldus study was the value that is placed on a black life

ues our Declaration of Independence actually not one study, but two sophis- in this country? What does it say about

and our Constitution so eloquently ex- ticated statistical analyses of more the value that is placed on civil rights,

pounded. That is the strategy that has than 2,000 Georgia murder cases. What on equal protection under the law, by

resulted in the greatest success. It is the Baldus studies showed was that, this Senate, when we vote to say we re-

the path that offers the most for each even after taking account of 39 non- ject the Racial Justice Act in light of

and every one of us, and for our Nation. racial factors, defendants charged with such statistics. I submit, Mr. Presi-

I would like to conclude my remarks killing white victims were 4.3 times as dent, that our vote against racial jus-

by reminding my colleagues that we likely to receive a death sentence as tice says some pretty frightening

are stronger as a Nation, and stronger defendants charged with killing black things, things that the U.S. Senate, in

as people if we can work together, if we victims. The capital sentencing rate 1994, ought not to be saying.

can utilize the talents of every one of for all white victim cases was almost 11 Mr. President, I do not want to take

our people. If we can put aside racism, times greater than the rate for black up a great deal of time discussing this

and sexism, and all of the other "isms" victim cases. Blacks who killed whites issue today. I know the distinguished

that separate us from one another, in were sentenced to death at nearly 22 chairman of the Judiciary Committee,

short, if we can live up to the values we times the rate of blacks who kill the Senator from Delaware, does not

state so eloquently in our Constitu- blacks, and more than 7 times the rate want tb debate anew the entire crime

tion. of whites who kill blacks. In addition, bill. That is what the conference com-

prosecutors sought the death penalty mittee is for. Besides, I do not know

for 70 percent of black defendants with what more I can say to convince my

THE RACIAL JUSTICE ACT white victims, but for only 15 percent colleagues that this-racial discrimina-

Ms. MOSELEY-BRAUN. Mr. Presi- of black defendants with black victims. tion in the death penalty-is in fact a

dent, once again, for the third time in Keep in mind that during the period of problem. Given the conclusive and

as many weeks, the Senate is debating time involved in the Baldus study only overwhelming evidence of continued

the Racial Justice Act. For the third 9.2 percent of Georgia homicides in- racial apartheid in the imposition of

time Members of the Senate have en- volved black defendants and white vic- the death penalty, it boggles my mind

gaged in debate about whether or not tims. I know I just presented a lot of that the U.S. Senate would, over the

we should provide safeguards to protect facts and statistics to be digested all at course of 3 weeks, continue to insist

against a problem so prevalent-the once. However, if those numbers do not that the Senate state over and over

problem of racial bias in the imposi- evidence a gross pattern of discrimina- that we do not care if there is racial

tion of the death penalty-that even a tion, Mr. President, then I do not know bias in the death penalty, that we do

study commissioned by this body, and what does. not want to be bothered to craft a rem-

conducted by the independent General Now some listening to the debate edy that will give those who are sen-

Accounting Office concluded that there today may think, well, the McCleskey tenced to death solely on the basis of

is, and I quote: case was decided 7 whole years ago. their race the simple right to challenge

A pattern of evidence indicating racial dis- The problem documented by the Baldus that sentence in court.

parities in the charging, sentencing, and im- study-the problem of discrimination For, once again that is all the Racial

position of the death penalty. in the death penalty-surely must have Justice Act does, Mr. President. It

Now I do not understand why we in been corrected by now, right? We do gives defendants the right to challenge

the Senate need to be on record in op- not need to worry about that old prob- a death sentence imposed on the basis

position to the evil of ending discrimi- lem anymore, right? Wrong. Nothing, of race, just as we in the this body have

nation in the death penalty once again Mr. President, could be further from given renters the right to challenge a

here today. We just voted on this last the truth. If we have ended discrimina- landlord who denies them an apart-

week, and those who oppose ending ra- tion in the death penalty, why is it ment based on race, or just as we have

May 19, 1994 CONGRESSIONAL RECORD-SENATE 11201

given employees the right to challenge has the leading European responsibil- CSCE. Posting an unqualified ambassador as

an employer who fires them based on ity for recommendations concerning our representative sends yet another signal

race. It does not mandate that the resolution of the conflict between Ar- that the United States attaches little impor-

court accept the defendant's argument. menia and Azerbaijan. tance to these fledgling democracies.

In fact, the act provides numerous op- Moreover, this Conference, and the In addition to his lack of qualifications,

Ambassador Sam Brown's past record is enlightening. He

portunities for a prosecutor to prove, specifically, will be served as head of ACTION during the Carter

by a mere preponderance of the evi- charged with efforts to help coordinate administration where his abilities earned

dence, that nonracial factors were re- and negotiate new reductions in con- him headlines such as "ACTION Chief La-

sponsible for the death sentence. Nor ventional forces. Thus, what was an beled Inept Martinet." The House Appropria-

does the act give the defendant the ambassadorship dealing primarily with tions Committee staff conducted an exten-

right to overturn the underlying con- humanitarian efforts has changed dra- sive investigation of ACTION during his ten-

viction for which the sentence was is- matically. It now has significant re- ure. and found numerous violations of law,

sued. It merely provides an avenue for sponsibilities for major military rec- regulation and policy. Not only that, his ef-

fort to eliminate ACTION's independent in-

the defendant to present a claim of dis- ommendations and matters of enor-

spector general gave the distinct appearance

crimination. If the Senate wants to mous importance to our national secu- of an attempt to cover up these numerous

vote against racial justice for the sec- rity. The person who heads the CSCE discrepancies and prevent independent re-

ond time, in light of this overwhelming delegation has a large responsibility, view of the agency's practices.

evidence, it certainly can, and will,' do not simply to represent this country, Clearly, Mr. Brown lacks the necessary

so. but to coordinate the very important diplomatic and national security experience

Mr. President, this issue will not go details of delicate negotiations while to effectively represent the United States at

away. I know the conference on the safeguarding our national security in- CSCE. His mismanagement at ACTION fur-

ther calls into question his selection for this

crime bill will be a difficult process. terests. I am particularly concerned be- important post. If it is your intention to en-

Not everything that we put in the bill cause the nominee has no national se- sure Sam Brown is appointed to a post with-

in the Senate will stay in the bill. Not curity experience. The nominee has no in the Federal Government, we urge you to

everything that was inserted in the military experience. The nominee has consider him for another position more suit-

House of Representatives will remain no diplomatic experience other than ed to his experience.

in the final bill. But, it seems to me having supervised an agency that su- Mr. President, this letter is signed by

that, if there is anything Congress pervised the Peace Corps. Moreover, 41 Members of this Chamber.

must agree on, it is that death penalty the nominee's management back- I hope very much that the President

sentences should be handed down in an ground is not one that would lend con- will heed the role of advice and consent

unbiased manner. The Senate will once fidence. The nominee, to put it bluntly, that is ours under the Constitution.

again have to decide if it is going to while bright and articulate and an able The signers of this letter are not say-

stand up for civil rights, if it is going person in many ways, is simply un- ing that Sam Brown should not serve

to stand up for equal protection, if it is qualified for the post. the administration in some capacity.

going to stand up to correct apartheid His lack of national security experi- Certainly, the experience of this Cham-

in the death penalty. That is what the ence raises grave questions not only ber is to give the President wide discre-

Racial Justice Act is all about, and the about his ability to do the job but his tion and even approve Members and

issue will not go away. ability to sell a new conventional Representatives which I know Members

Mr. BROWN addressed the Chair. forces reduction agreement should one of this body would not necessarily

The PRESIDING OFFICER. The Sen- be achieved. This evening 41 of us have nominate themselves.

ator from Colorado [Mr. BROWN] is rec- signed the following letter to the Presi- At least 40 nominees of this adminis-

ognized. dent of the United States. tration I have voted for and supported.

DEAR PRESIDENT CLINTON: We are writing This one, however, I cannot support. It

to urge you to reconsider your nomination of is my belief that Sam Brown clearly

NOMINATION OF SAM BROWN Mr. Sam Brown for the rank of ambassador does not have the experience that is

Mr. BROWN. Mr. President, I am con- to head the U.S. delegation to the Con- needed.

cerned about a nomination that the ference on Security and Cooperation in Eu-

rope. We question whether Mr. Sam Brown Mr. President, I raise these concerns

Senate, I believe, will be considering because I believe it is important that

next week. It is the nomination by the possesses the necessary expertise to effec-

tively serve in this capacity. the Senate have a full and clear debate

President of Sam Brown for the rank of During the Senate Foreign Relations Com- on Sam Brown's qualifications before

Ambassador to head our delegation to mittee's consideration of Mr. Brown's nomi- voting on cloture. I hope this evening

the Conference on Security and Co- nation, he was questioned extensively about to urge upon the consideration of the

operation in Europe. his relevant experience. The CSCE has added leadership an opportunity for that de-

The Conference on Security and Co- significant facilities to promote European bate to take place before the cloture

operation in Europe is an organization security since 1990, and figures heavily into

monitoring arms control agreements central vote is taken.

of enormous importance. Originally Mr. President, I yield the floor.

to the continued security of the continent.

arising out of the Helsinki accords, Namely, CSCE is responsible for monitoring Mr. FORD. Mr. President, I suggest

this effort was designed to draw Euro- the Conventional Forces in Europe (CFE) the absence of a quorum.

pean nations on both sides of the Iron treaty, the Open Skies treaty and for nego- The PRESIDING OFFICER. The

Curtain together; to have them work tiating future follow-ons to these important clerk will call the roll.

toward peace; and to have them work documents. The assistant legislative clerk pro-

toward resolution of human rights Prior ambassadors to the CSCE and those ceeded to call the roll.

questions. Nonetheless, the Conference sent from other member nations as rep-

resentatives had extensive diplomatic and Mr. BROWN. Madam President, I ask

was dramatically changed in 1990 and national security backgrounds. Mr. Sam unanimous consent that the order for

1992, when a substantial international Brown's record speaks for itself. It contains the quorum call be rescinded.

security role was added. Responsibil- no national security experience and no sig- The PRESIDING OFFICER. Without

ities for monitoring both the Open nificant diplomatic experience. He has no objection, it is so ordered.

Skies Treaty and the reduction of Con- international business experience and no rel- Mr. BROWN. Madam President, I ask

ventional Forces in Europe Treaty evant academic experience. unanimous consent to proceed as if in

were added. Also added was a Forum Poland, Hungary and the Czech Republic morning business.

for Security Cooperation envisioned as have been eager to become an integral part

of the West. They've applied for NATO mem- The PRESIDING OFFICER (Ms.

the final point for resolution-includ- bership and entry into the European Union. MOSELEY-BRAUN). Without objection, it

ing recommendations for military In both cases, they were rebuffed. The only is so ordered.

intervention-of vexing military con- significant regional organization which they Mr. BROWN. Madam President, I

frontations. For instance, the forum can participate in as full members is the want to share with the body the com-

79-059 0-97 Vol. 140 (Pt. 8) 26

11202 CONGRESSIONAL RECORD-SENATE May 19, 1994

ments of Jack Anderson, writing for jetted off to the Caribbean resort to set upOn page 40, it reports training pro-

the Washington Post, when he was de- the project. grams with materials attacking Gov-

But Jamaican officials, faced with massiveernment agencies, politicians, and util-

scribing the management problems of

unemployment and an inflation rate of up to ities as enemies. On page 43, it relates

Sam Brown, the nominee before this 50 percent a year, put the kibosh on the dizzy

body next week with regard for the plan. They were appalled at the idea of

involvement in restricted activities.

post of ambassador to the CSCE. I American ghetto youths being thrown in On page 22, it details improper use of

quote now from Jack Anderson under a with resentful, out-of-work Jamaicans on experts and consultants. On page 16, it

headline that reads, "ACTION Chief their politically troubled island. reports ignored legal requirements in

Labeled Inept Martinet." Cost-conscious watchdogs at the budget of-setting pay levels. At page 112, it de-

fice have warned ACTION's spendthrift tails the abolition of the independent

[The Washington Post, Thursday, Dec. 14,poohbahs that the agency's travel expendi-

1978] inspector general.

tures had to be reduced. ACTION staffers, for I might add, the effort to do away

Sam Brown, the tousle-haired anti-war ac-

example, have been spending hundreds of

tivist-turned-bureaucrat, comes across as an with the independent inspector general

thousands of dollars in the past few months

easygoing, charismatic, refreshing new face attending meetings all over the world. At was done at a time when it appeared

on the Washington political scene. But his the same time, workers in the field have that the independent inspector general

leadership of ACTION, which oversees such been told there's not enough money to fly may well be active in pointing out the

do-good programs as the Peace Corps and them back to Washington for briefings. mismanagement practices of the agen-

VISTA, has drawn increasing criticism fromTaxpayers recently footed the bill for con-

cy itself; in other words, doing exactly

both inside and outside the organization. ferences in Casablanca and Nairobi attended what an inspector general is supposed

The recent forced resignation of Peace by no less than 31 ACTION paper-shufflers.

Corps director Carolyn Payton was a monu- to do. It appears the attempt was to re-

Each junket cost about $80,000. The highlight

mentally mishandled affair. Regardless of ward him with dismissal.

of both meetings, sources told us, was the

the merits of her firing, the circumstances Madam President, I hope every Mem-

obvious friction between Brown and Payton.

surrounding it were so messy as to give cre- Footnote: Brown was not available to talk ber of this body will read this report.

dence to charges that Brown simply is not upto us at press time, but this supporters at This is not written by Republicans.

to the job President Carter gave him. ACTION insist that reports of his incom- This is written by a staff employed by

Insiders told our associate Jack Mitchell

petence and tyranny are either untrue or ex-the Democratic majority of the House

that the Payton firing was only the tip of aggerated. "Sam's not that way at all," theyof Representatives. It details in specif-

the iceberg. They say Brown's direction of say.

ACTION's domestic and international pro- ics major mismanagement mistakes.

An ACTION spokeswoman told us that We have a responsibility, I believe, to

grams has been all thumbs from the very Payton's resignation was announced "in re-

start. Mismanagement, favoritism and plain sponse to media calls" after she had indi-

help the President. The Constitution

incompetence characterize Brown's regime. cated she was quitting. states it clearly: To advise and con-

Brown's professed goal of an egalitarian The Jamaican project, she said, was an sent.

"workplace democracy," which would have "experimental idea" designed to improve mi- The fact that now and then you have

been unique in Washington bureaucracy, nority participation, but was dropped early a nominee come forward who is not

could account for the slapdash, uncoordi-

nated administration of ACTION and the

this year after a negative response from Ja-qualified is not unique to this adminis-

maican officials. tration. It is not unique to the Demo-

crumbling image of a once-respected govern-

ment agency. Madam President, that is not an arti- cratic Party. It is a problem that has

But Brown is accused of more than just cle written by a critic of the adminis- plagued both Republican and Demo-

inept bungling in a job that's too big for tration, nor, indeed, by anyone who is cratic administrations. I am one who

him. ACTION aides say he has become an au- a Republican. That is an article writ- believes that we do the executive no

thoritarian martinet who brooks no inter- ten by Jack Anderson of the Washing- favor if we approve officials who do not

ference from his subordinates. He is, they have the ability and the background to

ton Post. It recounts, in very direct

say a bureaucratic dictator.

Morale at ACTION is rock-bottom low. Bad and blunt language, some of the man- perform adequately. Sam Brown has

publicity has negated the positive achieve- agement experience of the nominee to been tried and tested, and the results

ments of the agency's programs. Brown's re- head our very important CSCE delega- are in. They speak clearly and elo-

sponse has been not to clean up his own act tion. It is but one of many, many re- quently to the fact that he is not able

but to look for a press aide who can give him ports pointing out the management to handle these important responsibil-

a brighter image. blunders and the management prob- ities.

The dismissal of Payton, one of the Carter The vote on this nominee should not

lems that Sam Brown brings to his job.

administration's few influential black offi-

cials, brought some of the agency's dirty I emphasize, this is not partisan. be partisan. Democrats should not feel

laundry out in the open. This is not from a Republican source. an obligation to support a President

The conflict between the gregarious Brown But it does, I think, reflect on the con- when he has made a bad nomination,

and the more reserved Payton appears to cern that 41 Senators have expressed to just as Republicans should not have

have been basically a personality clash. At the President in asking the President felt obliged to support Republican

any rate, Brown was so eager to pressure to reconsider this nomination and find Presidents when they named a bad

Payton to quit that her resignation was a different post for Sam Brown. nominee.

leaked to the press before she had agreed to This Senator has voted for over 99.3

Madam President, let me go on, be-

it.

Caught by surprise and embarrassed by the cause the mismanagement was noticed

percent of the nominees sent forward

report of her firing, Payton denied it. She and reported on by many people other by this White House. I have voted for

had to go to presidential counsel Robert than simply Jack Anderson. The every single nominee from the State of

Lipshutz to confirm that her resignation had House, controlled by a Democratic ma- Colorado from this White House. But

actually been requested by the president. jority in those years, commissioned the Sam Brown simply is not qualified for

Brown's growing band of detractors claim staff of the Appropriations subcommit- the job, and his past experience speaks

that he and his cronies have been trying to

apply the anti-Establishment idealism of

tee in this area to prepare a report on clearly to that.

Let me go into a summary of the

their New Left days to the complicated task Sam Brown's management practices at charges that are detailed by the House

of administering multimillion-dollar social ACTION. It details, in that report by

programs. The result has been chaos, the the committee staff, mismanagement Democratic staff.

critics say. in a wide-ranging number of areas. I "Improper procurement practices,"

And starry-eyed idealism has not pre- commend it to the reading of the Mem- quoting from the Democratic report.

vented ACTION brass from squandering the bers of this body. The Advanced Procurement Planning di-

taxpayers' money with an abandon that order 2620.1 is virtually

On page 88, it outlines improper pro- rected byadministrative lead time nonexist-

ent, and

would be envied by any entrenched bureauc- and con-

racy in Washington. curement practices followed under Sam tract delivery requirements are often unreal-

A case in point was ACTION's hare-brained Brown. On page 105, it details financial istically compressed. The insufficient lead

scheme to send unemployed inner-city black mismanagement. On page 35, it details time [plus other factors].... Contributes to

youths to Jamaica to work. ACTION officials grants awarded without competition. questionable procurement practices.

May 19, 1994 CONGRESSIONAL RECORD-SENATE 11203

That is from page 88 of the report. ... ACTION often jointly developed the someone up with this kind of back-

Violation of ACTION regulation: statement, in some cases even before the au- ground raises serious questions as to

Order 2620.1, promulgated May 7, 1973, es- thorized official determined the contract

would be a sole-source contract.

whether this Chamber is even paying

tablished ACTION procurement and contract attention. It is one thing to make a

planning policy to eliminate or reduce un- If that is not inside dealing, I do not mistake, it is another to have the facts

necessary crises caused by late requests and know what it could be described as. pointed out and to simply ignore them.

last-minute negotiations. Again, questionable contract prac- The report continues:

That is the regulation we are talking tice: The investigative staff examined the

about. The report notes a violation of Program office personnel used numbers de- vouchers of 10 ACTION officials . . . and

that commonsense regulation. I quote rived from contractors such that estimates found they had claimed full per diem on

further, this from page 90 of the report: proposed by sole-source contractors exactly their vouchers for the periods in question

Although formally advertised procurement matched those estimated in-house. [when actually they had stayed in the homes

(the sealed bid) method is preferred by the Madam President, I want to ask this of other ACTION officials during their trav-

Government, the negotiated method of con- body if anyone thinks these are good els.]

tracting may be used in exceptions as de- practices? They clearly violate the reg- Let us be clear what happened here.

scribed in 41 U.S.C. 252(c). ulations and statutes, and they are not Ten action officials claimed per diem

Violation of the statute: one-time affairs, but indications of when they did not have the expenses.

With some consistency, however, ACTION many frequent violations. They just stayed in someone else's

contracts reviewed authorized use of the ne- The document goes on, this summa- home. The report continues:

gotiated method of procurement only after rized under financial mismanagement: It is likely the violations were much more

negotiations had been underway or were widespread.

Lack of management attention to AC-

completed. . . . Concurrent signings of the

TION's budget procedures caused approxi- That is from page 109.

documents posed serious risk of noncompli-

ance with the statute. mately $417,000 to be obligated without con- The Uniform State/AID/USIA Foreign

gressional approval. Service Travel Regulations require that

That is from page 91 of the report. That from the report on page 105. travelers must deduct fixed percentages of

The report goes on: A violation of statute: their per diem for services (food or lodging)

[ACTION's] nonsynopsis of sole-source pro- Obligations occurred when ACTION was provided by U.S. Government agencies or in-

curements as a customary practice raises without appropriation or continuing resolu- stallations.

questions as to the concealment of such tion. Separate trips were made to Cuba and the

awards from public awareness and conflicts People's Republic of China by two staff mem-

with the statutory requirement to synopsize In other words, the rules were simply bers who were officially carried in the 'Time

procurements. ignored. and Attendance" logs as being at their offi-

What is the violation of the statute Quoting again from the report: cial duty sites in the United States.

here? . . an overobligation . . . was discovered Not bad if you can get it.

It is a statutory requirement to synopsize by ACTION, and the offending employee rep- The report continues on detailing the

procurements in the Department of Com- rimanded. However, the violation was not re- mismanagement practices, this under

ported to the Office of Management and

merce Business Daily, exceptions permitted the summary of grants awarded with-

when less than 15 days are allowed for pro- Budget or to the Congress, as required by

statute. out competition:

posed submission. All of the national grants approved

That is from page 91 as well. From page 105 of the report. through September 30, 1978, were awarded

Violation of the statute: without formal advertising or requests for

Contracts for which the required certifi-

cate was not obtained include awards of over Overobligation, beyond congressionally ap- proposals.

$101,000, $274.000 and $495,000. proved amounts illegal without congres- That is from page 35.

sional notification and approval.

That from page 91 of the report. ... all 12 grants were awarded noncompeti-

What is the violation of statute: For those interested, that is found in tively.

The truth in negotiating law (Public Law section 3679(b) 31 U.S. Code 665. That conclusion is drawn from the

87-653) requires the contracting officer to ob- Quoting further of areas of financial summary.

tain a certificate of current cost or pricing mismanagement: Madam President, this did not hap-

data on each contractual action exceeding During an audit of Peace Corps operations pen once. It did not happen twice. It

$100,000. in El Salvador in the fall of 1977, auditors did not happen three times. It hap-

Madam President, these are clear from the former Inspector General Division pened on numerous grants.

violations of a statute. These are not found that the acting country director had,

on three separate occasions, violated the

What are the violations of policy

irresponsible charges. These are docu- guidelines?

antideficiency statute ... involving the exe-

mented charges, an official document cution of three contracts in September 1977 The rules governing the selection of

of the House of Representatives Appro- citing a nonexistent fiscal year 1978 appro- VISTA sponsors are spelled out in the

priations Committee. priation. VISTA policy guidelines:

Questionable activities of program officials That is found on page 198 of the re- S. .six [of the total of 12 that were ap-

include encouraging contractors to com- proved] were awarded to organizations rep-

port.

mence work without a contract, developing resented at the roundtable discussions at

statements of work jointly with contractors, What is the violation of statute?

which the ACTION director met with a num-

and obtaining budgets (estimated costs) from Execution of three contracts with im- ber of nationally reputed community and so-

contractors for use as in-house estimates. proper cite was the violation of the cial activists to discuss the agency's new di-

Antideficiency Statute. rections.

That from page 92.

Violations of Federal procurement That is 31 U.S.C. 665. That from page 35.

regulation: Another violation of statute: What are the violations of the policy

Program office "authorization" was a vio- According to 31 U.S.C. 665, any employee guidelines?

lation since only a contract officer can bind who violates must be subjected to appro- During the first year of the national grant

the Government and costs claimed did not priate discipline and the violation reported program, ACTION awarded 12 VISTA grants

meet the criteria for precontract costs. by the director of ACTION through OMB to to national sponsors on a non-competitive

the President. basis. A number of these awards were made

Questionable contract practice:

Development of statement of work is the Madam President, no violation was to friends and former associates of the

reported, a direct violation of the VISTA director.

responsibility of the program office; ACTION

often jointly developed the statement, in guidelines of the statute. Madam President, let me repeat that

some cases even before the authorized offi- I hope Members will ask themselves last line because I think it is an impor-

cial determined the contract would be a sole- if this series of mismanagement prac- tant part of the report.

source contract. tices is something that commends one ACTION awarded 12 VISTA grants to na-

Let me repeat that: for a higher post? I think to move tional sponsors on a non-competitive basis.

11204 CONGRESSIONAL RECORD-SENATE May 19, 1994

A number of these awards were made to and their staffs the full copy of the mately $417,000 to be obligated without Con-

friends and former associates of the Vista di- House report in my office. Madam gressional approval." (FCR, p. 105)

rector. President, I yield the floor. Violation of statute: Obligations occurred

when ACTION was without appropriation or

That found on page 45. There being no objection, the sum- continuing resolution. [Sec. 3679(b), 31 USC

Continuing on with the simple sum- mary was ordered to be printed in the 665].

mary of the mismanagement practices RECORD, as follows: ".. an overobligation . .. was discovered

found by the House Democratic Appro- MISMANAGING PRACTICES IDENTIFIED BY THE by ACTION, and the offending employee rep-

priations Committee staff, "Training HOUSE APPROPRIATIONS COMMITTEE, 1978 rimanded. However, the violation was not re-

Materials Describe Government Agen- IMPROPER PROCUREMENT PRACTICES ported to the Office of Management and

cies, Politicians, Utilities as Real En- Budget or to the Congress, as required by

"The Advance Procurement Planning di- statute." (FCR, p. 105)

emies." I think it would shock some rected by Order 2620.1 is virtually nonexist- Violation of statute: Overobligation, be-

taxpayers to find this kind of material ent, and administrative lead time and con- yond congressionally approved amounts ille-

being printed up by the Government tract delivery requirements are often unreal- gal without congressional notification and

they support. istically compressed. The insufficient lead approval [Sec. 3679(b), 31 USC 665].

This document was made available to time [plus other factors] . . . contributes to "During an audit of Peace Corps oper-

VISTA volunteers, presumably, as rec- questionable procurement practices." (FCR, ations in El Salvador in the fall of 1977, audi-

ommended reading. Some examples of p. 88) tors from the former Inspector General Divi-

Violation of action regulation: Order sion found that the Acting Country Director

the questionable passages contained in 2620.1, promulgated May 7, 1973, established had, on three separate occasions, violated

the Midwest training document follow: ACTION procurement and contract planning the anti-deficiency statute ... involv[ing]

The Third Principle of Direct Action orga- policy to eliminate or reduce unnecessary the execution of three contracts in Septem-

nizing is that it attempts to alter the rela- crises caused by late requests and last- ber 1977 citing a nonexistent FY 1978 appro-

tion of power between people's organizations minute negotiations. priation." (FCR, p. 108)

and their real enemics. The enemies are "Although formally advertised procure- Violation of statute: Execution of 3 con-

often unresponsive politicians, tax assessors, ment (the sealed bid) method is preferred by tracts with improper cite was violation of

utilities, landlords, government agencies, the Government, the negotiated method of Anti-Deficiency Statute (31 USC 665).

large corporations or banks. contracting may be used in exceptions as de- Violation of statute: According to 31 USC

Madam President, I ask the Members scribed in 41 USC 252(c)." (FCR, p. 90) 665, any employee who violates must be sub-

of this Chamber to consider if we ought Violation of statute: "With some consist- jected to appropriate discipline and the vio-

ency, however, ACTION contracts reviewed lation reported by the Director of ACTION

to be as a Federal Government advising authorized use of the negotiated method of through OMB to the President. No violation

people who their enemies are and stir- procurement only after negotiations had was reported.

ring up discontent. Discontent is ap- been under way or were "The Investigative Staff examined the

propriate at times; it is a mover; it is completed . . . Concurrent signings of the vouchers of 10 ACTION officials . .. and

a changer. But is it really this Federal documents pose serious risk of noncompli- found they had claimed full per diem on

Government's responsibility to pay ance with the statute." (FCR, p. 91) their vouchers for the periods in question

people to go out and organize and iden- "[ACTION's] Nonsynopsis of sole-source [when actually they had stayed in the homes

tify enemies in society? procurements as a customary practice raises of other ACTION officials during their trav-

questions as to concealment of such awards els]. It is likely the violations were much

The report continues. This is again from public awareness and conflicts with the more widespread .. ." (FCR, p. 109)

from the passages published under statutory requirement to synopsize procure- Violation of regulation: The Uniform

VISTA: "Give people 'a taste of blood.' ments." (FCR, p. 91) State/AID/USIA Foreign Service Travel Reg-

Push your opponents so hard you can Violation of statute: It is a statutory re- ulations require that travelers must deduct

see them squirm." quirement to synopsize procurements in the fixed percentages of their per diem for serv-

Does that sound like a policy that we Dept of Commerce Business Daily, excep- ices (food or lodging) provided by U.S. Gov-

ought to be advising Americans to fol- tions permitted when less than 15 days are ernment agencies or installations.

low? But continuing: allowed for proposal submission. (FCR, p. 91) Separate trips were made to Cuba and the

"Contracts for which the required certifi- People's Republic of China by two staff mem-

You may want to assign some people to be cate was not obtained include awards of over bers who were officially carried in the "Time

"inciters" and move about to heat up the ac- $101,000, $274,000 and $495,000." (FCR, p. 91) and Attendance" logs as being at their offi-

tion, getting people angrier and angrier and Violation of statute: The Truth in Negotia- cial duty sites in the United States. (FCR,

encouraging them to show their anger. You tion Law (PL 87-653) requires the contracting p. 110)

may at other times want some "calmers" to officer to obtain a Certificate of Current

stand near people who may be disruptive to GRANTS AWARDED WITHOUT COMPETITION

Cost or Pricing Data on each contractual ac- "All of the national grants approved

the focus of the action. tion exceeding $100,000. through September 30, 1978, were awarded

The examples go on. "Questionable activities of program offi- without formal advertising or requests for

Your power is your ability to hurt the tar- cials include encouraging contractors to proposals (FCR, p. 35). . .. all 12 grants were

get or withhold something the target wants. commence work without a contract, develop- awarded noncompetitively" (FCR, Sum-

The hurt can be immediate, as in a strike or ing statements of work jointly with contrac- mary)

a boycott, or it can be a potential. tors, and obtaining budgets (estimated costs) Violation of policy guidelines: The rules

from contractors for use as in-house esti- governing selection of VISTA sponsors are

The examples of passages put out by

mates." (FCR, p. 92) spelled out in VISTA policy guidelines.

VISTA and Sam Brown continue: Violation of Federal procurement regula- ". . six [of a total of 12 that were ap-

Stunts can help * * *. If for example, a pol- tion: Program office "authorization" was a proved] were awarded to organizations rep-

itician won't meet with you, tape a sign violation since only a contract officer can resented at the roundtable discussions at

across his office which says, "This Office bind the Government and costs claimed did which the ACTION Director met with a num-

Closed to the Public." If someone won't not meet the criteria for precontract costs. ber of nationally reputed community and so-

come into a debate, put a dummy in the Questionable contract practice: Develop- cial activists to discuss the agency's new di-

chair and debate for dramatic effect. ment of statement of work is the responsibil- rections." (FCR, p. 35)

As previously set out, Midwest was ity of the Program office; ACTION often Violation of policy guidelines creating ap-

awarded a grant of more than $500,000 jointly developed the statement, in some pearance of impropriety: "During the first

to train volunteers. cases even before the authorized official de- year of the national grants program, AC-

termined the contract would be a sole-source TION awarded 12 VISTA grants to national

Madam President, the full text of contract. sponsors on a non-competitive basis. A num-

these remarks comes from page 40 of Questionable contract practice: Program ber of these awards were made to friends and

the report. office personnel used numbers derived from former associates of the VISTA director."

Madam President, I ask unanimous contractors such that estimates proposed by (FCR, p. 45)

consent that the summary of the House sole-source contractors exactly matched TRAINING MATERIALS DESCRIBE GOVERNMENT

Committee on Appropriations report those estimated in-house. AGENCIES, POLITICIANS, UTILITIES AS REAL

on ACTION be printed in the RECORD. FINANCIAL MISMANAGEMENT ENEMIES

Furthermore, I would like to make "... lack of management attention to AC- "This document was made available to

available to all Members of the Senate TION's budget procedures caused approxi- VISTA volunteers, presumably, as rec-

May 19, 1994 CONGRESSIONAL RECORD-SENATE 11205

ommended reading. Some examples of the Violated policy: May 12, 1977 presidential Thwarting the will of Congress: The Office

questionable passages contained in the Mid- memorandum issued citing excessive volume of Compliance and ACTION's General Coun-

west training document follow: of consultants and experts and requiring re- sel moved responsibility for determining

'The Third Principle of Direct Action orga- port on all consultative arrangements (no re- whether a case should be referred to the De-

nizing is that it attempts to alter the rela- port required on experts). partment of Justice from the Inspector Gen-

tions of power between people's organiza- ACTION circumvented concern by des- eral to the Office of the General Counsel. PL

tions and their real enemies. The enemies ignating all of its upper-level temporary or 95-452 seeks to prevent just such delays re-

are often unresponsive politicians, tax asses- intermittent help as "experts." sulting from agency clearance processes.

sors, utilities, landlords, government agen- Abused policy: Policy for expert pay levels Violations of Law/Potential Violations of

cies, large corporations or banks. was a "few dollars more" than employee's Law Not Reported: Forbidden union organiz-

'Give people a 'taste of blood.' Push your best prior earning rate. ing in Rhode Island conducted by VISTA vol-

opponents so hard you can see them squirm. 3 ACTION "experts" hired at $100/day re- unteers not reported by the Office of Compli-

'You may want to assign some people to be ported previous earnings reflecting daily ance. Violation of Anti-Deficiency Statute

'inciters' and move about to heat up the ac- rates of $38, $55, and $58. (FCR, p.22) not reported to OMB.

tion getting people angrier and angrier and 1 employee hired at $85/day had been earn-

encouraging them to show their anger. You ing $38/day. (FCR, p.22)

may at other times want some 'calmers' to Violated Federal regulation: Federal Per- EXECUTIVE SESSION

stand near people who may be disruptive to sonnel Manual outlines proper & improper

the focus of the action. uses of consultants. Improper use defined by

'Your power is your ability to hurt the tar- the manual: "To do a job that can be done as EXECUTIVE CALENDAR

get or withhold something the target wants. well by regular employees, do a full-time Mr. FORD addressed the Chair.

The hurt can be immediate, as in a strike or continuous job .. ." (FCR, p.22) The PRESIDING OFFICER. The Sen-

boycott, or it can be potential. .. . Most "glaring" example: 2 employees in ator from Kentucky.

'Stunts can help. . . . If for example, a pol- ACTION personnel office from Nov 1977 until

itician won't meet with you, tape a sign early summer 1978 as employment special-

Mr. FORD. I ask unanimous consent

across his office which says, 'This Office ists. Both "experts" were subsequently ap- that the Senate proceed to executive

Closed to the Public.' If someone won't come pointed to the same positions as permanent session to consider the nomination of

into a debate, put a dummy in the chair and full-time employees. Executive Calendar 835, Derek Shearer.

debate that for dramatic effect.'" IGNORED LEGAL REQUIREMENT TO USE PAST The PRESIDING OFFICER. Without

"As previously set out, Midwest was EARNINGS IN DETERMINING PAY objection, it is so ordered. The nomina-

awarded a grant of more than $500,000 to tion will be stated.

"The Investigative Staff found that AC-

train volunteers." (FCR, p. 40) DEPARTMENT OF STATE

TION, with concurrence from the Civil Serv-

INVOLVEMENT IN RESTRICTED ACTIVITIES ice Commission, largely discounts past sal- The legislative clerk read the nomi-

"The Investigative Staff found a number of ary in making appointments to excepted po- nation of Derek Shearer, of California,

volunteers who are engaged in staff-related sitions." (Full Cmte Rpt, p. 16) to be Ambassador to Finland.

activities such as employment interviewing, Violation of regulation: the "Pay Com- CLOTURE MOTION

teaching assistance, and sales work." (FCR, parability Policy", approved by the Civil

p. 43) Service Commission, provides that Federal Mr. FORD. Madam President, I send

Violation of action policy: Under ACTION salaries should roughly equate with the sala- a cloture motion to the desk.

policy, a VISTA was not permitted to per- ries for positions of comparable responsibil- The PRESIDING OFFICER. Pursuant

form staff work. (FOR, p. 43) ity in the private sector. to rule XXII, the Chair lays before the

"VISTAs assigned under both the CORAP "The Investigative Staff can find no evi- Senate the pending cloture motion,

and Midwest grants were participating in dence that ACTION ever did pay any atten- which the clerk will state.

union organizing drives until instructed to tion to previous salaries as a factor in mak- The assistant legislative clerk read

discontinue the activity by the ACTION Of- ing qualification determinations." (Full as follows:

fice of Compliance. Other volunteers under Cmte Rpt, p. 16)

CLOTURE MOTION

the CORAP grant had actively participated "The maximum salary increase as a result

in lobbying and other political activities." of employment with ACTION (among cases We, the undersigned Senators, in accord-

(FOR, p. 43) reviewed) went to a high-level management ance with the provisions of rule XXII of the

Violation of statute: The Domestic Volun- official in the field organization. * * * As a Standing Rules of the Senate, hereby move

teer Service Act prohibits VISTAs from en- result of the appointment, the employee re- to bring to a close the debate on the nomina-

gaging in labor organizing or political activi- alized a salary increase of over $20,000. That tion of Derek Shearer to be Ambassador to

ties. (FCR, p. 43) appointment was to a GS-15 position." (FCR, Finland:

"The Investigative Staff understands that p. 17) Claiborne Pell, Paul Wellstone, Dennis

one of these organizations . . provided both "Six other cases were reviewed involving DeConcini, John F. Kerry, Carl Levin,

financial and other support to the Farm salary increases of $15-$17,000. * * *" (FCR, p. J. Lieberman, John Glenn, Jeff Binga-

Labor Organizing Committee in that organi- 18) man, Byron L. Dorgan, Kent Conrad,

zation's recent effort to disrupt the tomato "* * * three of the appointees to regional Frank R. Lautenberg, Daniel K. Akaka,

harvest in Ohio and organize the workers. It director positions did not even bother to re- Charles A. Robb, Patrick Leahy, Tom

is difficult to conceive of a VISTA being part port salary information for prior employ- Daschle, Harlan Mathews.

of such a scene without taking sides and get- ment in their applications." (FCR, p. 18) Mr. FORD. Madam President, I now

ting involved." ABOLITION OF INDEPENDENT INSPECTOR ask unanimous consent the Senate pro-

Violation of statute: The Domestic Volun- GENERAL ceed to Executive Calendar 858, Sam

teer Service Act prohibits VISTAs from en- Brown.

"In July 1975, ACTION established an Of-

gaging in labor organizing or political activi- The PRESIDING OFFICER. Without

fice of the Inspector General (OIG) to provide

ties. (FCR, p. 85)

the Director of the agency with an independ- objection, it is so ordered. The nomina-

IMPROPER USE OF EXPERTS AND CONSULTANTS ent and objective focal point to review the tion will be stated.

. ACTION used its expert/consultant integrity of agency programs * * * In Feb- DEPARTMENT OF STATE

appointment authority extensively to facili- ruary 1978, the agency abolished the [OIG]

The legislative clerk read the nomi-

tate early placement of personnel hired inci- and in its place established an Office of Com-

dent to the change of national administra- pliance * * * consist[ing] of an Audit Divi- nation of Sam W. Brown, Jr., of Cali-

tions, hired experts to serve in staff posi- sion, an Investigations Division and an fornia, for the rank of Ambassador dur-

tions, set pay rates at levels not commensu- Equal Employment Opportunity Division." ing his tenure of service as Head of Del-

rate with past earnings, and improperly des- (FCR, p. 112) egation to the Conference on Security

ignated all employees hired under its ap- Creation of conflict of interest: When pass- and Cooperation in Europe.

pointment authority as 'experts.'" (FCR, ing PL 95-452 (Inspector and Auditor General CLOTURE MOTION

p.22) Act), the Congress intended that the Inspec- Mr. FORD. I now send a cloture mo-

At least 20 top-level ACTION employees tor General offices would have no program

responsibilities. The EEO has significant

tion to the desk.

were initially appointed as experts, pending

official clearance and approval. ACTION program responsibilities, such as affirmative The PRESIDING OFFICER. The mo-

rationalized misuse of expert authority as action and awarding grants and contracts to tion having been presented under rule

"common practice" throughout the Govern- minority firms. Putting the two into one of- XXII, the Chair directs the clerk to

ment. fice created a clear conflict of interest. read the motion.

11206 CONGRESSIONAL RECORD-SENATE May 19, 1994

The legislative clerk read as follows: the Coast Guard and National Oceanic ed States Coast Guard, with the grade of vice

CLOTURE MOTION and Atmospheric Administration. admiral while so serving:

I further ask unanimous consent the Rear Adm. Richard D. Herr.

We, the undersigned Senators, in accord- The following officer of the United States

ance with the provisions of rule XXII of the nominees be confirmed en bloc; that Coast Guard Reserve for appointment to the

Standing Rules of the Senate, hereby move any statements appear in the RECORD grade of rear admiral:

to bring to a close the debate on the nomina- as if read; that upon confirmation the Robert E. Sloncen.

tion of Sam W. Brown, for the rank of Am- motions to reconsider be laid upon the The following officer of the United States

bassador during his tenure of service as Head table en bloc; that the President be im- Coast Guard Reserve for appointment to the

of Delegation to the Conference on Security grade of rear admiral (lower half):

mediately notified of the Senate's ac-

and Cooperation in Europe: Richard W. Schneider.

Claiborne Pell, Daniel K. Akaka, Edward tion, and the Senate return to legisla-

tive session. The following officers of the United States

M. Kennedy, Paul Simon, Paul Coast Guard for appointment to the grade of

Wellstone, Carl Levin, Barbara Boxer, Madam President, I wish to amend

rear admiral:

Herb Kohl, Jeff Bingaman, Howard my unanimous-consent request to in- Roger T. Rufe, Jr.

Metzenbaum, J.J. Exon, Tom Daschle, clude Calendar No. 895. Howard B. Gehring.

Carol Moseley-Braun, Jim Sasser, Wen- Mr. BROWN. Reserving the right to NATIONAL OCEANIC AND ATMOSPHERIC

dell Ford, George Mitchell. object, I assume that includes also 900 ADMINISTRATION

Mr. FORD. Now, Madam President, I and 901 as well? Rear Admiral John C. Albright for appoint-

ask unanimous consent that the clo- Mr. FORD. The Senator is correct, ment in the grade of rear admiral (lower

ture vote on the nomination of Derek 900 to and including 905. half), while serving in a position of impor-

Shearer immediately follow disposition Mr. BROWN. I thank the Senator. tance and responsibility as Director, Pacific

of H.R. 1933, the Martin Luther King The PRESIDING OFFICER. Without Marine Center, National Oceanic and Atmos-

Commission. objection, it is so ordered. pheric Administration, under the provisions

I further ask unanimous consent that The nominations considered and con- of title 33, United States Code, section 853u.

the cloture vote on the nomination of firmed en bloc are as follows: COAST GUARD

Sam Brown immediately follow dis- DEPARTMENT OF DEFENSE The following officers of the United States

position of the nomination of Derek Joshua Gotbaum, of New York, to be an Coast Guard for appointment to the grade of

Shearer or immediately following the Assistant Secretary of Defense. rear admiral:

Rudy K. Peschel.

cloture vote on the Shearer nomina- DEPARTMENT OF TRANSPORTATION

Gerald F. Woolever.

tion, if cloture is not invoked. T.R. Lakshmanan, of New Hampshire, to Richard D. Herr.

I ask unanimous consent that the be Director of the Bureau of Transportation John W. Lockwood.

mandatory live quorums be waived. Statistics, Department of Transportation, Norman T. Saunders.

I also ask unanimous consent that at for the term of four years expiring June 14, James C. Card.

9 a.m. on Tuesday, May 24, the Senate 1996. The following officer of the United States

proceed to executive session to con- FEDERAL COMMUNICATIONS COMMISSION Coast Guard to be a permanent commis-

sider the nominations of Derek Shearer Rachelle B. Chong, of California, to be a sioned officer in the grade of lieutenant com-

Member of the Federal Communications mander in the Regular Coast Guard:

and Sam Brown, en bloc; that the time

Commission for a term of five years from Joanne McCaffrey.

from 9 a.m. to 12:30 p.m. be equally di-

July 1, 1992. NOMINATIONS PLACED ON THE SECRETARY'S

vided between the chairman and rank- DESK

Susan Ness, of Maryland, to be a Member

ing member of the Committee on For- of the Federal Communications Commission IN THE COAST GUARD, NATIONAL OCEANIC AND

eign Relations, or their designees, for for the remainder of the term expiring June ATMOSPHERIC ADMINISTRATION

debate only on either nomination. 30, 1994.

Coast Guard nominations beginning Curtis

Mr. BROWN. Reserving the right to Susan Ness, of Maryland, to be a Member

B. Odom, and ending Eugene R. Lytton, Jr.,

object, Madam President, and I shall of the Federal Communications Commission

which nominations were received by the Sen-

not object, I wanted to make it clear for a term of five years from July 1, 1994.

ate and appeared in the Congressional

that this Senator believes debate of FEDERAL MARITIME COMMISSION Record of March 22, 1994.

Sam Brown's nomination is appro- William D. Hathaway, of Maine, to be a Coast Guard nominations beginning Ste-

priate prior to the cloture vote on Sam Federal Maritime Commissioner for the term phen E. Flynn, and ending Maryann P. Smid,

Brown. expiring June 30, 1998. which nominations were received by the Sen-

Joe Scroggins, Jr., of Florida, to be a Fed- ate and appeared in the Congressional

I understand that because of other

eral Maritime Commissioner for the remain- Record of April 11, 1994

obligations the majority leader is not der of the term expiring June 30, 1994. National Oceanic and Atmospheric Admin-

available to review that request at this NATIONAL AERONAUTICS AND SPACE istration nominations beginning Stephen H.

time. But I am given to understand ADMINISTRATION Manzo, and ending Lawrence P. Chicchelly,

that he will consider that, and it is my Arnold Gregory Holz, of Maryland, to be Jr., which nominations were received by the

hope this body would allow at least a Chief Financial Officer, National Aero- Senate and appeared in the Congressional

period of 4 hours of debate on Sam nautics and Space Administration. Record of April 11, 1994.

Brown's nomination before a cloture COAST GUARD STATEMENT OF SENATOR ERNEST F. HOLLINGS

vote. ON THE NOMINATION OF RACHELLE B. CHONG

.Rear Admiral Robert E, Kramek, U.S.

I withdraw the reservation. Coast Guard, to be Commandant, United Mr. HOLLINGS. Madam President, I

The PRESIDING OFFICER. The Sen- States Coast Guard, for a term of four years am pleased that the Senate is consider-

ator withdraws the reservation. The with the grade of admiral while so serving. ing the nomination of Rachelle B.

Senator from Kentucky. The following officer of the U.S. Coast Chong to the Federal Communications

Mr. FORD. Will the Chair go ahead Guard, to be Vice Commandant, United Commission [FCC].

and proceed with the ruling. States Coast Guard, with the grade of vice Ms. Chong has been nominated as a

admiral while so serving:

The PRESIDING OFFICER. Without Republican to serve a term of 5 years

Rear Adm. Arthur E. Henn.

objection, it is so ordered. The following officer of the U.S. Coast that began July 1, 1992. This seat was

Mr. FORD. Madam President, I might Guard, to be Chief of Staff, United States formerly held by Commissioner Sherrie

say to my friend from Colorado that Coast Guard, with the grade of vice admiral Marshall, who resigned on April 30,

there are now set 312 hours that could while so serving: 1993.

be given to the debate for Sam Brown. Rear Adm. Kent H. Williams. Ms. Chong is a telecommunications

Now, Madam President, I ask unani- The following officer of the U.S. Coast attorney and partner in the San Fran-

mous consent that the Senate consider Guard, to be Commander, Atlantic Area, cisco law firm of Graham & James. She

United States Coast Guard, with the grade of

the following nominations: Calendar vice admiral while so serving: has been a member of the firm since

900 to and including 905, Calendar No. Rear Adm. James M. Joy. 1987. Ms. Chong was also a former

907 to and including 917; all nomina- The following officer of the U.S. Coast member of the Washington law firm of

tions placed on the Secretary's Desk in Guard, to be Commander, Pacific Area, Unit- Kadison, Pfaelzer, Woodward, Quinn &

May 19, 1994 CONGRESSIONAL RECORD-SENATE 11207

Rossi, where she practiced from 1984 to of the shipping laws. As an independent sector. He has seafaring experience as

1987. regulatory commission, the FMC plays an officer aboard several merchant ves-

Ms. Chong was born in Stockton, CA a vital role in the domestic and foreign sels. From 1969 through 1971, he served

in 1959. She graduated Phi Beta Kappa trade of the United States. as an assistant dean at the U.S. Mer-

from the University of California at In carrying out its responsibilities chant Marine Academy, where he de-

Berkeley in 1981. She received her law for the regulation of the oceanborne veloped a nationwide minority recruit-

degree from Hastings College in 1984, transportation in the foreign com- ment program designed to attract

where she was editor of the school's merce of the United States, the FMC qualified minority students. He has

law journal. must ensure that such trade is con- also served as director of facilities for

In her nomination hearing before the ducted fairly and that it is not bur- the Port of Houston Authority and has

Senate Commerce Committee on May dened by nonmarket barriers to ocean most recently served as the deputy

10, 1994, Ms. Chong demonstrated that shipping. The FMC is authorized to port director for the Tampa Port Au-

she understands the many important take action and impose sanctions to thority.

issues facing the FCC. I urge my col- correct unfavorable shipping condi- Mr. Scroggins received his B.S. de-

leagues to support Ms. Chong's con- tions in the U.S. foreign commerce. gree from the U.S. Merchant Marine

firmation, and I look forward to work- Among its duties are the regulation of Academy in 1963. He later earned his

ing closely with her once she is con- domestic rates, receipt and review of M.B.A. degree from Harvard Business

firmed. tariffs, and protection of the U.S. ship- School in 1973.

STATEMENT OF SENATOR ERNEST F. HOLLINGS ping industry against unduly discrimi- As you can see, Mr. Scroggins is well

ON THE NOMINATION OF SUSAN NESS

natory practices of ocean common car- qualified to be a Federal Maritime

Mr. HOLLINGS. Madam President, I riers in the domestic offshore trades of Commissioner and I urge my col-

rise today to support the nomination of the United States. leagues to support his confirmation.

Susan Ness to the Federal Communica- In this regard, the vast experience of STATEMENT OF SENATOR HOLLINGS ON THE

tions Commission [FCC]. this nominee in the U.S. maritime in- NOMINATIONS OF VICE ADMIRAL KRAMEK TO

Ms. Ness has been nominated as a dustry should prove to be of great BE COMMANDANT, AND REAR ADMIRAL HENN

Democrat to serve the remainder of a value to the FMC. Given the recent po- TO BE VICE COMMANDANT OF THE U.S. COAST

term expiring June 30, 1994, and to litical events in the world, the FMC GUARD

serve a full 5-year term that begins may be faced with even greater chal- Mr. HOLLINGS. Madam President,

July 1, 1994. The seat with the lenges in the upcoming years. I am today the Senate is considering the

unexpired term was formerly held by sure that Bill Hathaway is well pre- nominations of Vice Adm. Robert E.

Commissioner Ervin S. Duggan who re- pared for these new challenges. Kramek to be Commandant and Rear

signed on January 31, 1994, to become Bill Hathaway is currently serving as Adm. Arthur E. Henn to be Vice Com-

the president of the Public Broadcast- Chairman of the FMC. He has held that mandant of the U.S. Coast Guard.

ing Service. position since April 1993, when the These are especially challenging

Ms. Ness worked from 1983 to 1992 in times for the Coast Guard, for it con-

the Communications Industries Divi- former Chairman, Chris Koch, resigned. tinues to be called upon to carry out a

FMC, he

sion of the American Security Bank in Prior to his service on the number of important missions. The

positions

Washington, DC. While there, Ms. Ness served in various government Coast Guard has been on the front line

in the State of Maine and in the Fed-

served in several capacities, including in responding to oil spills, participat-

group head and vice president. Prior to eral Government. He was also self-em- ing in military operations, and carry-

this, Ms. Ness served as an assistant ployed as an attorney in his own law ing out its many other maritime roles.

counsel to the House Committee on firm as well as in partnership with oth- In order for the Coast Guard to con-

Banking, Currency and Housing, and as ers.

As most of you know, Bill served as a tinue its tradition of excellence, it

an attorney/advisor for the Consumer must have strong, qualified leadership,

Product Safety Commission. U.S. Senator, Democrat from Maine,

and Admiral Kramek and Admiral

Ms. Ness, a native of Elizabeth, NJ, from 1973 to 1979. He also served in the

received her B.A. from Douglass Col- U.S. House of Representatives, Demo- Henn provide just this type of leader-

lege at Rutgers and J.D. from Boston crat from Maine, from 1965 to 1973, ship.

College Law School. Ms. Ness subse- where he was a member of the Mer- Rear Admiral Kramek presently is

quently received an MBA from the Uni- chant Marine and Fisheries Commit- the chief of staff of the Coast Guard,

versity of Pennsylvania's Wharton tee. Before being nominated to his cur- serving as commanding officer of USCG

School in 1983. rent term as an FMC Commissioner, he Headquarters and the senior rear admi-

Ms. Ness' nomination hearing was was employed by the Washington, DC ral. He is both a surface operations spe-

held before the Senate Commerce Com- law firm of Patton, Boggs & Blow from cialist and naval engineer with exten-

mittee on May 10, 1994, and her knowl- 1979 through 1990. sive service in all Coast Guard regions,

edge and understanding of the impor- Bill attended Harvard from both un- including the Atlantic, Pacific, Carib-

tant issues facing the FCC was unques- dergraduate school and law school. He bean, and Alaska regions. Admiral

tionable. In particular, the FCC is received his A.B. degree from Harvard Kramek has headed the Haitian migra-

grappling with implementation of the in 1949 and his J.D. from Harvard Law tion task force and was the coordinator

new Cable Act and spectrum alloca- School in 1953. for the "War on Drugs" in the South-

tion. I urge my colleagues to support I urge my colleagues to support Bill eastern United States and the Carib-

Ms. Ness' confirmation, and I look for- Hathaway's confirmation, and I look bean. A native of New York City, he is

ward to working closely with her once forward to working closely with him. a 1961 graduate of the Coast Guard

she is confirmed. STATEMENT OF SENATOR ERNEST F. HOLLINGS Academy. His postgraduate education

STATEMENT OF SENATOR ERNEST P. HOLLINGS ON THE NOMINATION OF JOE SCROGGINS, JR. includes master of science degrees in

ON THE NOMINATION OF WILLIAM D. HATHAWAY Mr. HOLLINGS. Madam President, I naval architecture and marine engi-

Mr. HOLLINGS. Madam President, I am pleased that the Senate is consider- neering, mechanical engineering, and

am pleased that the Senate is consider- ing the nomination of Joe Scroggins, engineering management. He attended

ing the renomination of William D. Jr., to the Federal Maritime Commis- postgraduate school at the University

Hathaway to the Federal Maritime sion [FMC]. The Commerce Committee of Michigan, Johns Hopkins Univer-

Commission [FMC]. The Commerce reported the nomination of Mr. sity, and the University of Alaska.

Committee reported the nominations Scroggins without objection on May 17, Admiral Kramek's awards include

of Bill Hathaway without objection on 1994. the Coast Guard Distinguished Service

May 17, 1994. Mr. Scroggins has over 30 years of ex- Medal, two Legion of Merit Awards,

The FMC is charged with the admin- perience working in the maritime in- the Meritorious Service Medal, Coast

istration of the regulatory provisions dustry in both the public and private Guard Commendation, and Achieve-

11208 CONGRESSIONAL RECORD-SENATE May 19, 1994

ment Medals, and the Humanitarian product into interstate commerce submits to Ms. Goetz, one of its reading clerks, an-

Service Medal with bronze star. the Secretary of Health and Human Services nounced that the House has passed the

Rear Admiral Henn currently is the a certification that such person will comply following bill, without amendment:

with this section and will comply with such

head of the Coast Guard Office of Ma- sections 403(q) and 403(r)(2) and such provi- S. 2087. An Act to extend the time period

rine Safety, Security, and Environ- sion of section 403(i) after August 8, 1994. for compliance with the Nutrition Labeling

mental Protection. For 21 of his 31 and Education Act of 1990 for certain food

years of service, he has specialized in products packaged prior to August 8, 1994.

maritime safety and environmental MESSAGES FROM THE PRESIDENT

protection. A 1962 graduate of the Messages from the President of the ENROLLED BILLS AND JOINT

Coast Guard Academy, Admiral Henn United States were communicated to

RESOLUTION SIGNED

also earned combined master of science the Senate by Mr. Thomas, one of his

degrees in naval architecture, marine secretaries. The message also announced that the

engineering, and metallurgical engi- Speaker has signed the following en-

neering from the University of Michi- rolled bills and joint resolution:

gan in 1968. He is a native of Cin- EXECUTIVE MESSAGES REFERRED H.R. 2139. An Act to authorize appropria-

cinnati, OH. tions for the National Historical Publica-

As in executive session the Presiding tions and Records Commission for fiscal

Admiral Henn's awards include the

Officer laid before the Senate messages years 1994, 1995, 1996, and 1997.

Legion of Merit, two Meritorious Serv- from the President of the United

S. 2024. An Act to provide temporary

ice Medals, Coast Guard Commenda- obligational authority for the airport im-

States submitting sundry nominations

tion, and Achievement Medals, and two provement program and to provide for cer-

which were referred to the appropriate

Commandant's Letter of Commenda- tain airport fees to be maintained at existing

committees.

tion Ribbons. levels for up to 60 days, and for other pur-

(The nominations received today are

Admiral Kramek and Admiral Henn poses.

printed at the end of the Senate pro- S.J. Res. 168. Joint Resolution designating

are highly qualified for these impor- ceedings.)

tant positions in the Coast Guard and I May 11, 1994, as "Vietnam Human Rights

am confident that they will continue Day."

to serve our country with the same MESSAGES FROM THE HOUSE

diligence and commitment as they MEASURES REFERRED

have served in the past. I urge my col- At 1:27 p.m., a message from the

leagues to join with me in approving House of Representatives, delivered by The following measure was read the

these nominations. Mr. Hays, one of its reading clerks, an- first and second times by unanimous

nounced that the House has passed the consent, and referred as indicated:

following bills, in which it requests the H.R. 2473. An Act to designate certain Na-

LEGISLATIVE SESSION concurrence of the Senate: tional Forest lands in the State of Montana

The PRESIDING OFFICER. Under tional 2473. An Act to designate certain Na-

H.R. as wilderness, to release other National For-

Forest lands in the State of Montana est lands in the State of Montana for mul-

the previous order, the Senate will re- as wilderness, to release other National For- tiple use management, and for other pur-

turn to legislative session. est lands in the State of Montana for mul- poses; to the Committee on Energy and Nat-

tiple use management, and for other pur- ural Resources.

poses.

MORNING BUSINESS H.R. 4277. An Act to establish the Social

Mr. FORD. Madam President, I ask Security Administration as an independent MEASURES PLACED ON THE

unanimous consent that the Senate re- agency and to make other improvements in

the old-age, survivors, and disability insur-

CALENDAR

turn to morning business. ance program. The following bills were read the first

The PRESIDING OFFICER. Without and second times by unanimous con-

The message also announced that the

objection, it is so ordered. sent, and placed on the calendar:

House has agreed to the following con-

current resolution, in which it requests H.R. 4277. An Act to establish the Social

the concurrence of the Senate: Security Administration as an independent

NUTRITION LABELING AND agency and to make other improvements in

EDUCATION ACT H. Con. Res. 236. Concurrent Resolution au- the old-age, survivors, and disability insur-

thorizing the 1994 Special Olympics Torch ance program.

The text of the bill (S. 2087) to extend Relay to be run through the Capitol

the time period for compliance with Grounds. The following bill, previously re-

the Nutrition Labeling and Education ceived from the House of Representa-

The message further announced that tives, was read the first and second

Act of 1990 for certain food products the House agrees to the amendments of

packaged prior to August 8, 1994, as the Senate to the bill (H.R. 2139) to times by unanimous consent, and

passed by the Senate on May 17, 1994, is amend title 44, United States Code, to placed on the calendar:

as follows: authorize appropriations for the Na- H.R. 4278. An Act to make improvements in

S. 2087 the old-age, survivors, and disability insur-

tional Historical Publications and ance program under title II of the Social Se-

Be it enacted by the Senate and House of Rep- Records Commission. curity Act.

resentatives of the United States of America in The message also announced that

Congress assembled, That before August 8, pursuant to the provisions of 22 United

1994, sections 403(q) and 403(r)(2) of the Fed-

eral Food, Drug, and Cosmetic Act and the States Code 276d, the Speaker appoints EXECUTIVE AND OTHER

provision of section 403(i) of such Act added as members of the United States dele- COMMUNICATIONS

by section 7(2) of the Nutrition Labeling and gation to attend the meeting of the The following communications were

Education Act of 1990, shall not apply with Canada-United States Interparliamen- laid before the Senate, together with

respect to a food product which is contained tary Group the following Members on

in a package for which the label was printed the part of the House: Mr. JOHNSON of accompanying papers, reports, and doc-

before May 8, 1994 (or before August 8, 1994, Florida, Chairman, Mr. LAFALCE, Vice uments, which were referred as indi-

in the case of a juice or milk food product if Chairman, cated:

Mr. HAMILTON, Mr.

the person responsible for the labeling of EC-2664. A communication from the Comp-

such food product exercised due diligence in OBSERSTAR, Mr. GIBBONS, Mr. RICHARD- troller of the Department of Defense, trans-

obtaining before such date labels which are SON, Mr. PETERSON of Florida, Mr. mitting, pursuant to law, a report of a viola-

in compliance with such sections 403(q) and Goss, and Mr. WALSH. tion of the Antideficiency Act, case number

403(r)(2) and such provision of section 403(i)), 94-01; to the Committee on Appropriations.

if, before June 15, 1994, the person who intro- At 7:29 p.m., a message from the EC-2665. A communication from the Comp-

duces or delivers for introduction such food House of Representatives, delivered by troller of the Department of Defense, trans-

May 19, 1994 CONGRESSIONAL RECORD-SENATE 11209

mitting, pursuant to law, a report of a viola- "Whereas, Congress amended the Highway "Whereas, The California Legislature has a

tion of the Antideficiency Act, case number Safety Act in 1976 to rescind the helmet law vital interest in opening up markets for Cali-

92-05; to the Committee on Appropriations. requirement and limit the Department of fornia agricultural products; and

EC-2666. A communication from the Chair- Transportation's authority to the use of "Whereas, Canada is the largest importer

man of the Armed Forces Retirement Home funding sanctions for state noncompliance of wines from the United States, and Mexico

Board, transmitting, a draft of proposed leg- with federal safety program standards; and is the fourth largest; and

islation to amend section 1007 of title 37, "Whereas, between 1976 and 1991, twenty- "Whereas, Under NAFTA, Mexico has

United States Code, to authorize a deduction nine states repealed or modified their motor- granted to the United States a 10-year phase-

from the active-duty pay of enlisted person- cycle helmet laws; and out for tariffs on table wines; a six-year

nel of the armed forces in an amount not to "Whereas, the motivation for federal inter- phaseout of tariffs on wine coolers; a 10-year

exceed two dollars; to the Committee on vention is highway safety, yet a report to phaseout of duty on brandy; a five-year

Armed Services. Congress by the General Accounting Office phaseout of tariffs for dessert wines; and im-

EC-2667. A communication from the Acting dated July, 1991, entitled Highway Safety, mediate removal of duty on champagne

General Counsel of the Department of De- specifically states that "motorcycle safety types wines; and

fense, transmitting, a draft of proposed legis- research is limited by data shortcomings"; "Whereas, Mexico recently entered into a

lation entitled "Department of Defense Lab- and separate agreement with Chile, a major com-

oratory Revitalization Demonstration Act of "Whereas, it is often alleged that the fre- petitor with United States wines in world

1994"; to the Committee on Armed Services. quency of fatal head injuries is much greater markets, and under that agreement, Mexi-

EC-2668. A communication from the Chief without mandatory helmet use laws but no co's duties on Chilean wines dropped from 20

of Legislative Affairs, Department of the statistics or the method of compilation have percent to 5 percent, and then to zero in two

Navy, transmitting, pursuant to law, notice been shown; and years; and

of the intention to offer a transfer by sale of "Whereas, claims are asserted that severe "Whereas, Mexican wine coolers receive

certain vessels; to the Committee on Armed injuries and deaths increase substantially in immediate duty-free treatment by the Unit-

Services. states where mandatory helmet use laws are ed States, compared to United States wine

EC-2669. A communication from the Direc- repealed, yet the supporting data for such coolers that require a six-year phaseout of

tor of the Office of Management and Budget, claims has not been complied in a manner or the Mexican tariff; and

Executive Office of the President, transmit- form with which all parties of interest can "Whereas, Mexico is allowed 10 years to

ting, pursuant to law, a report on direct agree; and phaseout its tariffs on United States brandy,

spending or receipts legislation within five "Whereas, a study by the Highway Re- but tariffs on Mexican brandy imported into

days of enactment; to the Committee on the search Center at the University of North the United States drop immediately to zero;

Budget. Carolina concluded that the severity of mo- and

EC-2670. A communication from the Direc- "Whereas, The federal government has

torcycle crash injuries was not associated

tor of the Office of Management and Budget, with helmet use; and committed itself to trade talks with Mexico

Executive Office of the President, transmit- "Whereas, studies by the National High- beginning in January 1994, to negotiate a

ting, pursuant to law, a report on direct way Traffic Safety Administration covering more rapid tariff phaseout for wine and bran-

spending or receipts legislation within five the period 1987-1989 revealed that fatality dy under NAFTA; and

days of enactment; to the Committee on the rates for motorcycle accident victims in no- "Whereas, The successful outcome of these

Budget. helmet-law states were lower than in states negotiations is crucial to achieving a level

EC-2671. A communication from the Direc- categorized as helmet-law or modified-hel- playing field for California winegrape grow-

tor of the Office of Management and Budget, met-law states; and ers and winemakers; now, therefore, be it

Executive Office of the President, transmit- "Whereas, a substantial number of motor- "Resolved, That the federal government

ting, pursuant to law, a report on direct cyclists and passengers voice concern that should do everything possible in its negotia-

spending or receipts legislation within five riding with a helmet increases the risk of ac- tions with the Mexican government to estab-

days of enactment; to the Committee on the cidents and injury due to restricted head lish a "level playing field" for the California

Budget. movement resulting in limited view; and wine and brandy producers and the

EC-2672. A communication from the Presi- winegrape growers; and be it further

"Whereas, those states where mandatory

dent of the United States, transmitting, no- "Resolved, That the negotiations should re-

helmet laws have been repealed or modified

tice relative to the Selective Service Sys- have found that the issue of personal sult in the immediate removal of Mexican

free-

tem; to the Committee on Armed Services. tariffs on brandy and wine coolers and the

EC-2673. A communication from the Dep- dom takes precedence over the risks, if any, reduction of wine tariffs to the level that

attendant to riding unhelmeted, and that

uty Under Secretary of Defense (Environ- Mexico has granted Chile; and be it further

adults are capable of making responsible

mental Security), transmitting, pursuant to "Resolved, That the Chief Clerk of the As-

choices on their own behalf; now, therefore,

law, the report on environmental compliance sembly transmit a copy of this resolution to

"Be it resolved by the Senate of the Seven-

for the Department of Defense for fiscal the President and Vice President of the Unit-

teenth Legislatureof the State of Hawaii, Regu-

years 1995 through 1999; to the Committee on ed States, to the Speaker of the House of

Armed Services. lar Session of 1994, That the United States

Representatives, and to each Senator and

EC-2674. A communication from the Sec- Congress is requested to further amend the Representative from California in the Con-

retary of Defense, transmitting, pursuant to Highway Safety Act of 1966 to delete the au- gress of the United States."

law, the report on Program Activities for Fa- thority of the Department of Transportation

cilitation of Weapons Destruction and Non- to use funding sanctions to require states to POM-517. A resolution adopted by the Sen-

proliferation in the Former Soviet Union for enact mandatory helmet laws; and ate of the Legislature of the State of Hawaii;

the period October 1, 1993 through March 31, "Be it further resolved, That certified copies

of this Resolution be transmitted to the to the Committee on Governmental Affairs.

1994; to the Committee on Armed Services. "Whereas, federal mandates imposed on

President of the United States Senate, the

Speaker of the United States House of Rep- state and local governments have increased

resentatives, and the members of Hawaii's greatly over the past several decades; and

PETITIONS AND MEMORIALS "Whereas, federal statutes and administra-

Congressional Delegation."

The following petitions and memori- tive regulations for federal mandates impose

als were laid before the Senate and POM-516. A joint resolution adopted by the substantial costs to the states and counties;

were referred or ordered to lie on the Legislature of the State of California; to the and

Committee on Finance. "Whereas, at the same time that federal

table as indicated:

mandates have increased, federal funding for

POM-515. A resolution adopted by the Sen- "ASSEMBLY JOINT RESOLUTION No. 63 joint federal-state programs has sharply de-

ate of the Legislature of the State of Hawaii; "Whereas, The implementation of the creased; and

to the Committee on Environment and Pub- North American Free Trade Agreement "Whereas, federal budgetary difficulties

lic Works. (NAFTA) creates a welcome opportunity for may promote more federal mandates on the

"SENATE RESOLUTION 225 the wine industry in California to increase states and counties for what are actually

"Whereas, the United States Department wine and brandy trade for its quality prod- federal programs; and

of Transportation, acting under the Highway ucts between the United States, Mexico, and "Whereas, state and local governments are

Safety Act of 1966, issued standards for state Canada; and already strained in their budgets, particu-

highway safety programs in 1967, including "Whereas, NAFTA has the potential to in- larly in the costs of meeting the federal

one requiring states to adopt motorcycle hel- crease sales of California wine and brandy to mandates; and

met laws; and the rapidly expanding Mexican market, "Whereas, the 1990 federal budget agree-

"Whereas, by 1975, all but three states had which will result in healthy wine and ment imposed almost $14 billion in mandated

complied by enacting motorcycle helmet winegrape industries in California, and in- costs over the next five years to state and

laws; and creased jobs, tourism, and tax revenues; and local governments; and

11210 CONGRESSIONAL RECORD-SENATE May 19, 1994

"Whereas, any further federal mandates H.R. 1758. A bill to revise, codify, and enact (list begins with Humberto J. Acosta) (Ref-

would seriously jeopardize the financial well- without substantive change certain general erence No. 1204).

being of the States and counties; now, there- and permanent laws, related to transpor- **In the Army there are 412 promotions to

fore, the grade of colonel (list begins with Stephen

tation, as subtitles II, III, and V-X of title 49,

"Be it resolved by the Senate of the Seven- United States Code, "Transportation", and G. Abel) (Reference No. 1205).

teenth Legislature of the State of Hawaii, Regu- to make other technical improvements in **In the Marine Corps there are 74 pro-

lar Session of 1994, That the: the Code (Rept. No. 103-265). motions to the grade of colonel (list begins

"(1) Congressional Budget Office is re- with Clifford M. Acree) (Reference No. 1206).

quested to continue its efforts to provide **In the Marine Corps there are 550 pro-

Congress with appropriate state fiscal im- EXECUTIVE REPORTS OF motions to the grade of major (list begins

pact statements on federal mandate legisla- COMMITTEES with Ronnie L. Patrick) (Reference No. 1207).

tion that affects the states and counties; **In the Navy there are 296 promotions to

The following executive reports of

"(2) Congress is urged to enact legislation the grade of captain (list begins with Ronald

to require federal reimbursement to state

committees were submitted: Lee Alsbrooks) (Reference No. 1208).

and local governments for costs imposed By Mr. NUNN, from the Committee on **In the Army there are 47 promotions to

upon them by federal mandates; Armed Services: the grade of major (list begins with Thomas

"(3) Office of Management and Budget is Clark G. Fiester, of California, to be an As- E. Ayres) (Reference No. 1227).

requested to formulate a comprehensive sistant Secretary of the Air Force. **In the Navy there are 48 appointments to

catalogue of federal mandates currently im- (The above nomination was reported the grade of lieutenant (list begins with

posed on state and local governments; and with the recommendation that he be Diana B. Barrett) (Reference No. 1228).

"(4) Administration is requested to appoint **In the Marine Corps there are 150 pro-

an executive branch task force to monitor

confirmed, subject to the nominee's

motions to the grade of lieutenant colonel

and coordinate the administration's response commitment to respond to requests to (list begins with Richard M. Dunnigan) (Ref-

mechanism to mandate proposals, including appear and testify before any duly con- erence No. 1229).

mandates that are included in the Presi- stituted committee of the Senate.) *Colonel William M. Guy, ANG to be briga-

dent's budget request and agency regulatory Mr. NUNN. Mr. President, from the dier general (Reference No. 1256).

actions; and Committee on Armed Services, I report *Colonel Paul A. Weaver, Jr., ANG to be

"Be it further resolved, That the Attorney favorably the attached listing of nomi- brigadier general (Reference No. 1257).

General of the State of Hawaii determine if nations. *Colonel Michael K. Wyrick, USAF to be

a basis exists for a cause of action against

Those identified with a single aster- brigadier general (Reference No. 1258).

the federal government where federal man- *Lieutenant General Alonzo E. Short, Jr.,

dates imposed without funding threaten to isk (*) are to be placed on the Execu-

USA to be placed on the retired list in the

adversely impact the state budget and econ- tive Calendar. Those identified with a grade of lieutenant general (Reference No.

omy; and double asterisk (**) are to lie on the 1259).

"Be it further resolved, That the Attorney Secretary's desk for the information of *Lieutenant General Samuel N. Wakefield,

General submit a report on findings and rec- any Senator since these names have al- USA to be placed on the retired list in the

ommendations to the Legislature by Sep- ready appeared in the CONGRESSIONAL grade of lieutenant general (Reference No.

tember 1, 1994; and RECORD of October 19, 1993, February 3, 1260).

"Be it further resolved, That certified copies *Vice Admiral Jerry L. Unruh, USN to be

of this Resolution be transmitted to the 1994, March 11 and 22, 1994, April 11 and

placed on the retired list in the grade of vice

President of the United States, the President 21, 1994, and May 3 and 5, 1994 and to admiral (Reference No. 1261).

of the United States Senate, the Speaker of save the expense of printing again. **In the Air Force there is 1 promotion to

the House of Representatives of the United The PRESIDING OFFICER. Without the grade of major (Cathy J. Schoorens)

States, the Office of Management and Budg- objection, it is so ordered. (Reference No. 1262).

et, the Congressional Budget Office, mem- (The nominations ordered to lie on **In the Air Force Reserve there are 19 pro-

bers of Hawaii's Congressional Delegation, the Secretary's desk were printed in motions to the grade of lieutenant colonel

the Governor of Hawaii, the Attorney Gen- the RECORD of October 19, 1993, Feb- (list begins with Robert A. Baker) (Reference

eral of Hawaii, and the Mayor and Council No. 1263).

ruary 3, 1994, March 11 and 22, 1994,

Chair of each county." **In the Air Force Reserve there are

April 11 and 21, 1994, and May 3 and 5, motions to the grade of colonel (list 72 pro- begins

1994 at the end of the Senate proceed- with Charles E. Amos) (Reference No. 1264).

REPORTS OF COMMITTEES ings.) *Lieutenant General Thomas P. Carney,

The following reports of committees **In the Naval Reserve there are 162 pro- USA to be placed on the retired list in the

were submitted on May 18, 1994: motions to the grade of captain (list begins grade of lieutenant general (Reference No.

with Frank Henry Arlinghaus) (Reference 1284).

By Mr. GLENN, from the Committee on

No. 753). *Lieutenant General James R. Ellis, USA

Governmental Affairs, with an amendment:

*In the Marine Corps there are 10 pro- to be placed on the retired list in the grade

H.R. 1631: A bill to amend title 11; District

of Columbia Code, to increase the maximum motions to the grade of major general (list of lieutenant general (Reference No. 1285).

begins with Claude W. Reinke) (Reference *Lieutenant General Merle Freitag, USA

amount in controversy permitted for cases

under the jurisdiction of the Small Claims No. 1063). to be placed on the retired list in the grade

*Major General Max Baratz, USA to be of lieutenant general (Reference No. 1286).

and Conciliation Branch of the Superior

Chief, Army Reserve, United States Army *Lieutenant General Leo J. Pigaty, USA to

Court of the District of Columbia (Rept. No.

103-261). (Reference No. 1180). be placed on the retire list in the grade of

By Mr. GLENN, from the Committee on **In the Army Reserve there are 24 pro- lieutenant general (Reference No. 1287).

Governmental Affairs, without amendment: motions to the grade of colonel and below *Lieutenant General Harold T. Fields, Jr.,

H.R. 1632: A bill to amend title 11, District (list begins with William M. Casey) (Ref-. USA to be placed on the retired list in the

of Columbia Code, to remove gender-specific erence No. 1199). grade of lieutenant general (Reference No.

references (Rept. No. 103-262). **In the Army there are 15 promotions to 1301).

the grade of colonel (list begins with Chris *In the Army there are 2 promotions to the

The following report of committee Anderson) (Reference No. 1200). grade of major general (list begins with Les-

was submitted on May 19, 1994: **In the Army Reserve there are 24 pro- lie M. Burger) (Reference No. 1315).

By Mr. BUMPERS, from the Committee on motions to the grade of colonel and below **In the Marine Corps there is 1 appoint-

Small Business: (list begins with Stephen L. Elder) (Ref- ment to the grade of colonel (Michael S.

Special Report of the Legislative and Over- erence No. 1201). Fagan) (Reference No. 1319).

sight Activities of the Small Business Com- **In the Army Reserve there are 48 pro- **In the Marine Corps there is 1 promotion

mittee During 1993 (Rept. No. 103-263). motions to the grade of colonel and below to the grade of colonel (Stephen F. Mugg)

By Mr. BYRD, from the Committee on Ap- (list begins with John C. Atkinson) (Ref- (Reference No. 1320).

propriations: erence No. 1202). *Lieutenant General Arlen D. Jameson,

Special Report entitled "Allocation to **In the Army Reserve there are 8 pro- USAF to be lieutenant general (Reference

Subcommittees of Budget Totals from the motions to the grade of colonel (list begins No. 1337).

Concurrent Resolution for Fiscal Year 1995" with Joseph B. Flatt, Jr.) (Reference No. *Major General John G. Coburn, USA to be

(Rept. No. 103-264). 1203). lieutenant general (Reference No. 1339).

By Mr. BIDEN, from the Committee on the **In the Army Reserve there are 63 pro- **In the Army there are 2 promotions to

Judiciary, without amendment: motions to the grade of lieutenant colonel the grade of lieutenant colonel and below

May 19, 1994 CONGRESSIONAL RECORD-SENATE 11211

(list begins with Valerie J. Rice) (Reference By Mr. KERRY (for himself and Mr. STATEMENTS ON INTRODUCED

No. 1349). STEVENS) (by request): BILLS AND JOINT RESOLUTIONS

**In the Army Reserve there are 48 pro- S. 2138. A bill to amend the Magnuson

motions to the grade of colonel and below Fishery Conservation and Management Act; By Mr. HATFIELD:

(list begins with William G. Butts, Jr.) (Ref- to the Committee on Commerce, Science, S. 2133. A bill to establish a Science

erence No. 1350). and Transportation. Start Grant program, and for other

**In the Air Force Reserve there are 20 pro- By Mr. ROCKEFELLER: purposes; to the Committee on Labor

motions to the grade of lieutenant colonel S. 2139. A bill to provide for the conserva-

tion, management, or study of certain rivers, and Human Resources.

(list begins with Ronald D. Brooks) (Ref-

erence No. 1351). parks, trails, and historic sites, and for other THE SCIENCE START GRANT PROGRAM ACT OF

**In the Army there are 69 promotions to purposes; to the Committee on Energy and 1994

the grade of colonel (list begins with Eric D. Natural Resources. * Mr. HATFIELD. Mr. President, I re-

Adrian) (Reference No. 1352). By Mr. DASCHLE (for himself, Mr. gard the eight national goals we codi-

*Lieutenant General Paul G. Cerjan, USA HARKIN, Mr. PELL, Mr. GRASSLEY, Mr. fied in the recent Goals 2000 legislation

to be placed on the retired list in the grade HATFIELD, and Mr. DECONCINI):

S. 2140. A bill to permit an individual to be as very important challenges, chal-

of lieutenant general (Reference No. 1359). lenges we must make every effort to

**Lieutenant General Jerome H. Granrud, treated by a health care practitioner with

any method of medical treatment such indi- meet in order to ensure the future of

USA to be placed on the retired list in the

grade of lieutenant general (Reference No. vidual requests, and for other purposes; to the Nation. All of these goals are inter-

1360). the Committee on Labor and Human Re- connected. We cannot afford to lag be-

**In the Army Reserve there is 1 pro- sources. hind in any and expect to attain the

motion to the grade of lieutenant colonel By Mr. BINGAMAN: rest. At this time, it appears that U.S.

(Millie E. Hughes-Fulford) (Reference No. S. 2141. A bill to provide a grant program

to award grants to certain rural commu- student are lagging dangerously behind

1362). in mathematics and science achieve-

nities that provide emergency medical serv-

**In the Marine Corps there are 176 ap- ment.

ices for Federal-aid highways, and for other

pointments to the grade of second lieutenant

purposes; to the Committee on Environment With the passage of Goals 2000 and,

(list begins with Jason A. Abell) (Reference

and Public Works. ultimately, the ESEA reauthorization,

No. 1366). By Mr. LAUTENBERG: we hope to reduce that gap. Yet, there

In the Navy there are 737 appointments to S.J. Res. 193. A joint resolution to des-

the grade of ensign (list begins with Craig L. are still glaring holes in our math and

ignate May 1995 "Multiple Sclerosis Associa-

Abraham) (Reference No. 1367). tion of America Month"; to the Committee science educational program. This leg-

*Lieutenant General Norman E. Ehlert, on the Judiciary. islation is designed to fill one of those

USMC to be placed on the retired list in the By Mr. STEVENS (for himself, Mr. holes, one that was pointed out in the

grade of lieutenant general (Reference No. KERRY, Mrs. BOXER, Mr. BRADLEY, 1993 Review of Federal Education Pro-

1386). Mr. BROWN, Mr. BRYAN, Mr. BUMPERS, grams in Science, Mathematics, Engi-

*Lieutenant General Robert A. Tiebout, Mr. BURNS, Mr. CHAFEE, Mr. COATS,

USMC to be placed on the retired list in the neering and Technology to the Federal

Mr. COCHRAN, Mr. COHEN, Mr.

grade of lieutenant general (Reference No. Coordinating Council for Science, En-

CONRAD, Mr. DASCHLE, Mr. DOLE, Mr.

1389). DOMENICI, Mr. DORGAN, Mr. EXON,

gineering and Technology. The report

Total: 3,098. Mrs. FEINSTEIN, Mr. GLENN, Mr. GOR- states:

TON, Mr. GRAHAM, Mr. GRAMM, Mr. Unfortunately, many currently funded

HATFIELD, Mr. HELMS, Mr. HOLLINGS, Federal programs for children (e.g., Head

INTRODUCTION OF BILLS AND Start) do not include science, mathematics,

Mr. JEFFORDS, Mr. JOHNSTON, Mrs.

JOINT RESOLUTIONS KASSEBAUM, Mr. KEMPTHORNE, Mr. engineering, and technology (SMET) edu-

The following bills and joint resolu- KENNEDY, Mr. KERREY, Mr. LAUTEN- cation. Young children are naturally curious

tions were introduced, read the first BERG, Mr. LOTT, Mr. LUGAR, Mr. and eager to understand the world around

MATHEWS, Mr. MCCAIN, Mr. MCCON- them; early exposure to age-appropriate, in-

and second time by unanimous con-

NELL, Mr. METZENBAUM, MS. MIKUL- quiry-based science and mathematics curric-

sent, and referred as indicated: ula provides the foundation on which later

SKI, Mr. MITCHELL, Mr. MURKOWSKI,

By Mr. HATFIELD: Mrs. MURRAY, Mr. PACKWOOD, Mr. understanding rests.

S. 2133. A bill to establish a Science Start PELL, Mr. PRESSLER, Mr. REID, Mr. Federal programs intended to provide addi-

Grant program, and for other purposes; to ROBB, Mr. ROCKEFELLER, Mr. ROTH, tional support for low-income children (e.g.,

the Committee on Labor and Human Re- Mr. SASSER, Mr. SIMPSON, Mr. WAL- Chapter I and Head Start) should include

sources. LOP, Mr. WARNER, Mr. WELLSTONE, rich early science-and mathematics-related

By Mr. FAIRCLOTH (for himself, Mr. and Mr. WOFFORD): experiences among the basic criteria re-

GRASSLEY, Mr. BROWN, Mr. DOLE, Mr. S.J. Res. 194. A joint resolution to des- quired for funding.

LOTT, Mr. WALLOP, Mr. SMITH, Mr. ignate the second week of August, 1994, and Is it possible to provide these experi-

KEMPTHORNE, Mr. BURNS, Mr. NICK- the second week of August, 1995, as "Na-

LES, Mr. THURMOND, Mr. HELMS, Mr. ences to preschoolers. The answer is

tional U.S. Seafood Week"; to the Commit-

CRAIG, Mr. HATCH, Mr. MCCONNELL, tee on the Judiciary. provided by a program conducted at

and Mr. D'AMATO): By Mr. DECONCINI (for himself, Mr. Marylhurst College in Portland, OR,

S. 2134. A bill to restore the American fam- GRASSLEY, Mr. KERRY, Mr. MURKOW- and that answer is a resounding Yes.

ily, reduce illegitimacy, and reduce welfare SKI, Mr. LIEBERMAN, Mr. MITCHELL, This wonderful program is training

dependence; to the Committee on Finance. Mr. REID, Mr. WOFFORD, Mr. LAUTEN- Head Start teachers to use exciting,

By Mr. ROCKEFELLER (by request): BERG, Mr. JEFFORDS, Mr. WALLOP, age-appropriate math and science ac-

S. 2135. A bill to authorize the Department Mr. WARNER, Mr. MOYNIHAN, Mr. KEN-

of Veterans Affairs to conduct pilot pro-

tivities in their classes. Picture the ef-

NEDY, Mr. SARBANES, Mr. HOLLINGS,

grams for delivering health care services in fect these activities have on disadvan-

Mr. HEFLIN, Mr. GLENN, Mr. FORD.

States which have statutorily reformed their Mr. CONRAD, Mr. CAMPBELL, Mr. taged and minority youth. In all likeli-

health care systems; to the Committee on MACK, Mr. KOHL, Mr. SMITH, Mr. hood, this is the first chance these chil-

Veterans' Affairs. COCHRAN, Mr. BINGAMAN, Mr. DODD, dren have to relate math and science to

By Mr. GRAHAM (for himself and Mr. Mr. D'AMATO, Mr. LEVIN, Ms. MIKUL- their lives. The feedback from this 2-

DORGAN): SKI, Mr. JOHNSTON, Mr. WELLSTONE, year-old program is phenomenal.

S. 2136. A bill to prohibit sponsorship of Mr. MATHEWS, Mrs. FEINSTEIN, Mr. Consider what two teachers, Sherry

television violence by agencies of the Fed- NUNN, Mr. BRADLEY, Mr. FEINGOLD, Wright and Debi Coffey, from the

eral Government, and for other purposes; to Mr. GRAHAM, Mr. DURENBERGER, Mr.

the Committee on Governmental Affairs. Albina Head Start program in Oregon

METZENBAUM, Mr. DOLE, Mr. THUR-

By Mr. BAUCUS: MOND, Mr. PRESSLER, Mr. LOTT, Mr. had to say.

S. 2137. To designate certain National For- HATCH, Mr. MCCAIN, Mr. SPECTER, After two years of using the knowledge we

est lands in the State of Montana as wilder- Mr. BIDEN, and Mr. DOMENICI): gained from the Marylhurst College instruc-

ness, to release other National Forest lands S.J. Res. 195. A joint resolution to des- tors, we truly feel confident in using science

in the State of Montana for multiple use ignate August 1, 1994, as "Helsinki Human everyday. Our children have learned how to

management, and for other purposes; read Rights Day"; to the Committee on the Judi- predict and discover the possible results to a

the first time. ciary. problem. Our children will take the science

11212 CONGRESSIONAL RECORD-SENATE May 19, 1994

experiences that they learned in Head Start effort is now $5 trillion and growing for 30 years, and that is illegitimacy.

with them through the rest of their lives. daily. In the past 5 years alone, total We must limit benefits to unwed teen-

Audrey Sylvia, who had no science welfare spending has more than dou- age mothers in order to take away the

classes at all before the Marylhurst bled. Government welfare programs, current cash incentive to have more

College Head Start Summer Institute, often well intended, have destroyed the and more out-of-wedlock children at

expresses the result excitedly and suc- initiative of whole generations of our Government and taxpayers' expense.

cinctly. "Now I am a science whiz." citizens. This bill will eliminate direct pay-

My legislation provides for a com- Our Nation and the poor have gotten ments, except medical aid, to unmar-

petitive grant program to establish into the present fix because of a com- ried women under 21 years old who

demonstration sites to acquaint the mon sense principle, and that is: You have children out of wedlock. All direct

Head Start teachers with the stimulat- get more of what you pay for. And for payments would be eliminated. All wel-

ing processes involved in the inquiry the last 30 years, the Federal Govern- fare money which would have gone di-

approach. The teachers themselves ment has paid people not to work, the rectly to the unwed mother is con-

must experience the excitement of Federal Government has paid people to verted into a block grant to the State.

hands-on activities in order to commu- have children out of wedlock, and the This would allow the States the op-

nicate that excitement to children. No Federal Government has paid people to portunity to develop new and innova-

more than 25 percent of the funds can remain unmarried. tive programs to combat illegitimacy

be used for the purchase of supplies Mr. President, it does not make com- while taking away the cash incentive

necessary to carry out the activities. mon sense or show good judgment what for young women to have more chil-

We simply cannot afford to miss the we have been doing. dren out of wedlock. Currently, 30 per-

opportunity to replicate this concept In 1992, Federal, State, and local cent of all American children are born

throughout the Nation. This program spending on welfare programs was over to single mothers-30 percent. That is

is a positive investment in the lives of $300 billion. Welfare programs are not wrong. We need to promote and reward

these disadvantaged children and will currently subject to spending caps or the institution of marriage. That is

create a lifelong interest in math and to any discretionary review by the why this bill provides a tax credit to

science. That interest is critical to the Congress. That means we end up spend- low-income married couples with chil-

future of the children and equally criti- ing vastly more than we can afford, dren. It only makes common sense to

cal to the future of the Nation.e based solely on the numbers generated expect that people who are being given

by welfare bureaucrats encouraging a helping hand by the working people

By Mr. FAIRCLOTH (for himself, welfare recipients. of America, the taxpayers, should be

Mr. GRASSLEY, Mr. BROWN, Mr. I propose we place a cap on the expected to at least do a day's work

DOLE, Mr. LOTT, Mr. WALLOP, growth of welfare entitlement pro- themselves.

Mr. SMITH, Mr. KEMPTHORNE, grams, and in so doing we must restrict The bill establishes serious but sen-

Mr. BURNS, Mr. NICKLES, Mr. the long-term aggregate growth of wel- sible work requirements, while requir-

THURMOND, Mr. HELMS, Mr. fare spending to 3.5 percent per year. ing far more welfare recipients to work

CRAIG, Mr. HATCH, Mr. MCCON- This would prevent welfare spending than any other proposals. We target

NELL, and Mr. D'AMATO): from growing faster than inflation. work requirements on those welfare re-

S. 2134. A bill to restore the Amer- Some individual programs would be cipients who have the least justifica-

ican family, reduce illegitimacy, and permitted to grow by more than 3.5 tion for being out of the labor force.

reduce welfare dependence; to the Com- percent per year, but others would All single, able-bodied adults without

mittee on Finance. have to grow less. But the total aggre- children who receive food stamps will

WELFARE REFORM ACT OF 1994 gate growth of the 76 welfare programs, be required to perform community

Mr. FAIRCLOTH. Mr. President, Medicaid not included, must be held at service work. We would also require

today, I am announcing the introduc- or below 3.5 percent per year. It is esti- half of all single mothers receiving aid

tion of a comprehensive welfare reform mated that this will save $80 billion to families with dependent children

proposal that I have been working on over 5 years. benefits to work for their benefits with

with two of my distinguished col- President Clinton's welfare proposal the priority going to women with chil-

leagues and good friends, Senator will increase spending on welfare from dren over age 5. This allows the chil-

GRASSLEY of Iowa, and Senator BROWN $10 billion to $58 billion over the same dren to reach school age before the

of Colorado. period of time. Serious welfare reform mothers are required to work and

They have been true leaders for a means spending less money, not more thereby avoids the high cost of day

long time in the endeavor for welfare money. I call on President Clinton to care.

reform, as well as in their pursuit of endorse this plan for placing a cap on Mr. President, the working taxpayers

fiscal responsibility. I appreciate their welfare spending. If he truly wants to who struggle every day with no guar-

leadership and support on this most end welfare as we know it, as he has antee should not be expected to work

important issue for our Nation. said many times, if he truly wants to to guarantee a way of life for those

Mr. President, before coming to the reduce the dependency upon welfare, who choose not to work.

Senate, I spent 45 years in the private then the President should come forth As I have said many times before, we

sector meeting a payroll as a business- and endorse this bill, which is true wel- need workfare and not welfare in this

man and farmer. Every year, I watched fare reform and will do what he prom- country.

as the Congress came into session and ised when he was campaigning, and Finally, the search for real welfare

adjourned, leaving it more difficult for that is end welfare as we have known reform can only come from spending

working taxpayers and businessmen to it. the taxpayers' money more wisely. The

make ends meet because of excessive Those 76 programs would be con- Faircloth-Grassley-Brown Real Welfare

Government spending programs that verted into a single discretionary block Reform Act of 1994 is the best means to

have put our country on the path to an grant to the States. This would allow that end.

economic disaster. the States the authority to increase or Mr. GRASSLEY. Mr. President, I rise

Out of all of the spending programs decrease funding on particular pro- today as an original cosponsor of this

implemented by the Federal Govern- grams, based upon that program's suc- dramatic welfare reform proposal with

ment, I do not know of a group that cess in that particular State and how it my colleagues Senators FAIRCLOTH and

has been a bigger failure than those best served that State. BROWN.

collectively known as welfare. Mr. President, if we are going to I do so recognizing that it is far-

Since President Johnson declared begin a real reform of the system, we reaching and will be perceived by some

war on poverty in 1965, almost 30 years must address the root cause that has as extreme. But let us face it Mr. Presi-

ago, the current price tag of that failed been fueling the welfare bureaucracy dent, extreme circumstances demand

May 19, 1994 CONGRESSIONAL RECORD-SENATE 11213

extreme measures in response if they He goes on to question that: Seventh, single-parent mothering is

are to be effective. It's all very well to try to save people from the single biggest contributor to low

Today I will address an issue that I the disastrous consequences of their behav- birth weight babies.

do not usually talk about, which has ior, but doesn't it make sense to try to dis- Eighth, the probability for the chil-

been on my mind for some time. courage some of the behavior in the first dren to experience low verbal cognitive

The latest social science studies dem- place? * * * A part of the message must be

directed not just as the awful consequences attainment and experience child abuse

onstrate that the costs to our society and neglect are increased.

but at the deadly behavior itself.

of the moral decline since the 1960's Ninth, the absence of a father in the

have been devastating. Dr. Bill Ben- Mr. President, no one should think

life of a child has a negative effect on

nett, former Secretary by Education, we are nuts when we promote absti-

school performance and peer adjust-

has brought attention to the decline in nence and the traditional family. Rath-

ment.

our Nation as a result of social and er, in the face of all this evidence, is

this not nuts to deny the obvious? Tenth, young white women raised in

moral degeneration. a single parent family are 164 percent

Traditional values were established

Dr. Bennett published the "Index of more likely to have children as teen-

Leading Cultural Indicators," a com- to protect the sanctity of the marriage

relationship and of the family. Judging agers and 92 percent more likely to

pilation which attempts to dem- have their own marriages end in di-

from the observations made by Dr.

onstrate a data-based analysis of cul- vorce.

tural issues. It is a statistical portrait Bennett and Mr. Raspberry, there is

good reason in my view. Eleventh, between 1985 and 1990, the

from 1960 to the present of the moral, public cost of teenaged births from

Now I realize that in this day and age

social, and behavioral conditions of of sexual enlightenment, this kind of AFDC, food stamps and Medicaid is es-

modern American society. attitude has been considered victorian timated at $120 billion.

In a Wall Street Journal article of Twelfth, the one parent family is six

and anachronistic. Perhaps it no longer

March 15, 1993, entitled "Quantifying should be, but as Irving Berlin once times more likely to be poor than the

America's Decline," Bennett cited two parent family.

stated, "There's an element of truth in

some of the statistics from the index. Thirteenth, fathers of adolescent

every idea that lasts long enough to be

While social spending in the United pregnancies tend to be more delin-

called corny."

States since 1960 has increased dra- With these thoughts in mind, and quent, 51 percent, and to have more

matically, the social indicators during given the aforementioned statistics, psychological problems.

the same period show overwhelming de- those who promote sexual morality are Fourteenth, illegitimacy doubles the

clines. For example, Bennett states looking pretty good right now, in my likelihood of young black men engag-

that in the last 30 years, while there view. ing in criminal activities and triples

has been more than a fivefold increase Some might ask, "why do you keep the likelihood if they live in a neigh-

in social spending by all levels of Gov- talking about morality issues in Con- borhood with a high concentration of

ernment: gress, State legislatures and other fo- single-parent families.

There has been a 560% increase in violent rums of debate?" Fifteenth, the greater the incidence

crime; a 419% increase in illegitimate births; The answer is: Because our welfare of single parent families in a neighbor-

a quadrupling in divorce rates; in addition, policies to date have imposed an ab- hood, the higher the violent crime and

there has been a tripling of the percentage of burglary.

children living in single-parent homes; more sence of morality upon our Nation. The

traditional-minded among us are left Mr. President, this is the legacy of

than a 200% increase in the teen suicide rate;

and a drop of almost 80 points in SAT scores. to defend principles that history, cur- our failed welfare policy. This is the

rent social trends, and religious teach- legacy of Government as father. It

He goes on to state that: tears down rather than builds up. How-

ing tell us are right.

Perhaps more than anything else, Ameri- ever well-intentioned, the State cannot

ca's cultural decline is evidence of a shift in Let us look at some specific negative

the public's attitudes and beliefs. * * * Our consequences of out-of-wedlock births substitute for the family.

society now places less value than before on on the child, the young mother and so- In light of all of this evidence, how

what we owe to others as a matter of moral ciety. can we, as an intelligent Congress, not

obligation; less value on sacrifice as a moral First, in 1965, the illegitimacy rate act to change public policy, to try to

good; less value on social conformity and re- among black Americans stood at 26 respond to this crisis? Especially the

spectability; and less value on correctness percent. Today that rate is 68 percent problem of out-of-wedlock births. How

and restraint in matters of physical pleasure and climbing. The illegitimacy rate can we stand by and allow the trends to

and sexuality. among white Americans has risen ten- continue when we see clearly the utter

Mr. President, Mr. Bennett states, fold, from 2.29 percent in 1960 to 22 per- destruction that has resulted?

and I agree, that "the good news is cent today. The total of all out-of-wed- The sexual liberation movement of

that what has been self-inflicted can be lock births between 1970 and 1991 has the 1960's has demonstrated itself to be

self-corrected." risen from 10 to 30 percent. If the cur- socially and morally bankrupt. Its

With the devaluation of traditional rent rate continues, 50 percent of all once-accepted practices are starting to

views, we have seen a reciprocal in- births by the year 2015 will be out of be rightly perceived by the mainstream

crease in self-destructive behavior. wedlock. as an abject failure. It is time that our

This self-destructive behavior in turn Second, 82 percent of illegitimate social institutions and our Nation as a

increases the destruction of our fami- births among whites are to women whole return to the teaching that

lies, our communities, and our Nation. with a high school education or less. moral obligation, self-sacrifice, social

William Raspberry addressed this Third, the younger the mother, the conformity, and abstinence are truly

concern in a Washington Post article of less likely she is to finish high school. virtues to be upheld and appreciated. It

September 8, 1993. He remarked that: Fourth, young women who have chil- is time for our public policies to pro-

To a striking degree, the problems we dren before finishing high school are mote the family, rather than destroy

worry most about-teen pregnancy, father- more likely to remain on welfare it. Those who teach otherwise will have

less households, AIDS and other sexually longer. an increasingly hard sell to a

transmitted diseases, dropping out of school, Fifth, children born into welfare fam- growingly skeptical mainstream.

infant mortality, even many aspects of pov- ilies are three times more likely to be Mr. President, these reasons are why

erty-are the consequences of inappropriate on welfare when they reach adulthood.

sexual behavior. * * * The hip response is to we are introducing this bill today. We

redouble AIDS research, establish birth con- Sixth, young people from single par- have got to address this dramatic prob-

trol clinics (and nurseries) in the schools, ent or stepparent families are 2 to 3 lem.

distribute condoms and clean needles and in times more likely to have emotional or

general to teach kids "what to do in the behavioral problems than those from By Mr. ROCKEFELLER (by re-

back of the car." intact families. quest):

11214 CONGRESSIONAL RECORD-SENATE May 19, 1994

S. 2135. A bill to authorize the De- (b) PERSONS ELIGIBLE FOR SERVICES UNDER (C) A detailed business plan for the partici-

partment of Veterans Affairs to con- PROGRAMS.-Persons eligible to receive serv- pation of the Department under the State re-

duct pilot programs for delivering ices under a pilot program are any residents form plan.

of the State in which the pilot program is (D) A description of the actions the Sec-

health care services in States which

being conducted who are- retary has taken to consult with veterans on

have statutorily reformed their health (1) veterans; the proposed participation of the Depart-

care systems; to the Committee on (2) individuals eligible for benefits under ment in the State reform plan.

Veterans Affairs. section 1713 of title 38, United States Code; (d) REQUIREMENT FOR REGULATIONS.-The

VA STATE HEALTH-CARE REFORM PILOT or Secretary may operate a pilot program in a

PROGRAMS ACT (3) members of the family of any veteran State only after prescribing implementing

e Mr. ROCKEFELLER. Mr. President, who participates in a pilot program. regulations.

as chairman of the Committee on Vet- (c) AUTHORITY TO COMPLY WITH STATE (e) COPAYMENTS.-(1) Except as provided in

HEALTH PLAN REQUIREMENTS.-In conducting paragraph (2), the Secretary shall require

erans' Affairs, I have today introduced, persons receiving health care services under

pilot programs, the Secretary may comply

at the request of the Secretary of Vet- with such requirements of State law applica- a pilot program to pay all premiums, copay-

erans Affairs, S. 2135, a bill to author- ble to the establishment and operation of a ments, deductibles, and coinsurance amounts

ize the Department of Veterans Affairs health plan under a State reform plan, or to required by State law in the State where the

to conduct pilot programs for deliver- functioning as a participant in, member of, pilot program is undertaken.

ing health care services in States or contractor to, such a health plan, as the (2) The Secretary may not collect pre-

which have statutorily reformed their Secretary considers appropriate for applica- miums, copayments, deductibles, and coin-

health care systems. The Secretary of tion to a department or agency of the Fed- surance amounts under this subsection from

Veterans Affairs submitted this legisla- eral Government. the following individuals:

(d) CATCHMENT AREAS.-In conducting pilot (A) Any veteran with a service-connected

tion to the President of the Senate by disability.

programs in a State, the Secretary may-

letter dated March 22, 1994. (1) conduct the programs in some or all (B) any veteran whose discharge or release

My introduction of this measure is in health care facilities of the Department lo- from the active military, naval or air service

keeping with the policy which I have cated in the State; and was for a disability incurred or aggravated in

adopted of generally introducing-so (2) establish such catchment areas within the line of duty.

that there will be specific bills to the State as the Secretary determines appro- (C) Any veteran who is in receipt of, or

which my colleagues and others may priate. who, but for a suspension pursuant to section

direct their attention and comments- SEC. 4. CONDITIONS OF PARTICIPATION. 1151 of title 38, United States Code (or both

all administration-proposed draft legis- (a) CONDITION ON ESTABLISHMENT OF PRO- such a suspension and the receipt of retired

GRAMS.- The Secretary may establish and pay), would be entitled to disability com-

lation referred to the Committee on pensation, but only to the extent that such a

Veterans' Affairs. Thus, I reserve the operate a pilot program in a State only after

determining, based on such factors as the veteran's continuing eligibility for such care

right to support or oppose the provi- Secretary considers relevant (including the is provided for in the judgment or settlement

sions of, as well as any amendment to, factors referred to in subsection (b)), that, in provided for in such section.

this legislation. the absence of an enrollment option through (D) Any veteran who is a former prisoner

Mr. President, I ask unanimous con- a Department plan in that State, the pro- of war.

sent that the text of the bill and addi- jected workload in one or more Department (E) Any veteran of the Mexican border pe-

tional material be printed in the health care facilities in the State would de- riod or World War I.

RECORD. cline to a level that- (F) Any veteran who is unable to defray

(1) would threaten to impair the capability the expenses of necessary care as determined

There being no objection, the mate-

of such facilities to meet one or more as- under section 1722(a) of title 38, United

rial was ordered to be printed in the States Code.

RECORD, as follows: signed mission of such facilities; or

(2) would result in a deterioration in the SEC. 5. EXPIRATION OF AUTHORITY.

S. 2135 quality of the service delivered by such fa- The authority to conduct pilot programs

Be it enacted by the Senate and House of Rep- cilities to an extent that it would not be rea- under this Act shall expire on December 31,

resentatives of the United States of America in sonable to continue to provide needed serv- 1997.

Congress assembled, ices in such facilities and satisfactory alter- SEC. 6. FUNDING.

SECTION 1. SHORT TITLE. native arrangements could not feasibly be (a) REVOLVING FUND.-There is established

This Act shall be cited as the "VA State provided. in the Treasury of the United States a re-

Health-Care Reform Pilot Programs Act". (b) FACTORS.-In making a determination volving fund for conducting pilot programs

SEC. 2. DEFINITIONS. under subsection (a), the Secretary shall authorized by section 3(a).

For purposes of this Act- consider the following: (b) AUTHORIZATION OF APPROPRIATIONS.-

(1) The term "Department" means the De- (1) The relative universality of coverage There is authorized to be appropriated to the

partment of Veterans Affairs. provided to State residents under the State revolving fund for fiscal years 1995, 1996, and

(2) The term "family" means the spouse of reform plan. 1997 such sums as may be necessary to carry

a veteran or a child of a veteran as those (2) The scope of benefits offered under the out the purposes of this Act.

terms are defined in section 101 of title 38, plan. (c) AVAILABILITY OF FUNDS.-(1) Amounts

United States Code. (3) The extent of financing supporting the in the revolving fund established under sub-

(3) The term "pilot program" means a pro- plan. section (a) shall be available without fiscal

gram authorized by section 5(a) of this Act. (4) The extent to which the State may year limitation for payment of all expenses

(4) The term "reformed health-care sys- serve as a model for the Department in de- necessary to carry out the pilot programs,

tem" means a State program which is statu- termining how to compete with other health including-

torily established by a State that the Sec- care providers in other States when Congress (A) expenses of furnishing medical care and

retary determines was established to assure enacts National health care reform. services;

that residents of the State have access to (5) Such other matters as the Secretary de- (B) expenses of consumer surveys;

health-care services. termines appropriate. (C) expenses of printing, marketing, and

(5) The term "Secretary" means the Sec- (c) NOTICE AND WAIT REQUIREMENT.-(1) advertising services (including contracts for

retary of Veterans Affairs. The Secretary may establish and operate a such services); and

(6) The term "veteran" has meaning given pilot program in a State not earlier than 30 (D) expenses for the acquisition, construc-

such term in section 101(2) of title 38, United days after submitting to the Committees on tion, repair, or renovation of facilities (in-

States Code. Veterans' Affairs of the Senate and the cluding the land on which facilities are lo-

SEC. 3. PILOT PROGRAMS AUTHORITY. House of Representatives a report on the cated or to be constructed).

(a) AUTHORITY TO CONDUCT PROGRAMS.-In pilot program. (2) Funds in the revolving fund shall not be

up to five States that have reformed health- (2) Each report submitted under paragraph available for a major medical facility

care systems, the Secretary may conduct (1) shall include the following: project, or a major medical facility lease,

pilot programs under which the Department (A) The rationale for proposed participa- under section 8104(a)(3) of title 38, United

may provide health care services, directly or tion in the State reform plan. States Code, unless specifically authorized

by contract, to persons identified in sub- (B) A description of the extent to which ap- by law.

section (b) on the same or similar basis as plicable provisions of State law specifically (d) COLLECTION OF FUNDS.-(1) The Sec-

the State plan mandates for residents in the accommodate and facilitate participation of retary may recover or collect funds which re-

State. the Department in the State reform plan. sult from participation by the Department in

May 19, 1994 CONGRESSIONAL RECORD-SENATE 11215

a pilot program authorized under section 3(a) (10) Section 8125 of title 38, United States The draft bill would authorize pilot pro-

for care provided to veterans or their depend- Code, relating to local contracts for health grams in up to five states under which VA

ents. The Secretary may recover or collect care items. would provide health care in accordance with

such funds (including amounts received as (11) The provisions of law appearing as sec- a state health care system. The pilot pro-

premiums, copayments, deductibles or third- tions 471 through 544 of title 40, United grams could operate through December 31,

party reimbursements) from an individual, States Code, for purposes of the proposal of 1997. Each pilot program would furnish care

another agency or department of the Federal the Law Revision Counsel of a codification of to veterans, dependents, and those eligible

Government, an agency of State or local gov- Federal law, relating to the authority of the for CHAMPVA benefits who reside in such

ernment, or a health-care provider, health General Services Administration over leas- States on the same or similar basis as care

care plan, insurer, or other entity. ing and disposal of property. would be provided for other citizens under

(2) The Secretary shall, in consultation (12) Section 8122(a)(1) of title 38, United State law. The Secretary could authorize a

with the Director of the Office of Manage- States Code, relating to out-leasing by the pilot in a state only after determining that

ment and Budget, estimate the collection of Department. failure to do so would result in a decline in

funds to be received for services to be pro- SEC. 8. MARKETING. VA workload to the extent that it would

vided to veterans by each Department facil- The Secretary may carry out such pro- threaten a facility's mission, or result in se-

ity participating in a State pilot program motional, advertising, and marketing activi- rious deterioration in the quality of care

during each fiscal year. Such estimates shall ties as the Secretary considers necessary to provided.

be based upon and consistent with the higher effectively establish and operate a health The draft bill also provides that under any

of- plan pilot program. pilot program, veterans who now have high

(A) the fiscal year baseline for third-party SEC. 9. REPORTS. priority eligibility for care, (so-called cat-

recoveries, copayments, and other medical Not later than November 30 of each of 1995 egory A veterans) would have to be able to

collections for the fiscal year included in the through 1998, the Secretary shall submit to receive care without incurring liability for

budget submitted to Congress by the Presi- the Committees on Veterans' Affairs of the any premium, deductible, or copayment. At

dent; or Senate and the House of Representatives a least 30 days before actually initiating a pro-

(B) the fiscal year baseline for such collec- report on the pilot programs carried out by gram, the Secretary would have to submit a

tions for the fiscal year as reestimated by the Secretary under this Act. report to the Congress fully describing how

the Congressional Budget Office. SEC. 10. SAVINGS PROVISIONS. the pilots would work. The Department

(3)(A) Amounts collected for services pro- would also have to promulgate implementing

(a) BENEFITS.-The Secretary shall provide

vided to dependents shall be deposited in the regulations.

the persons referred to in section 3(b) with To facilitate financial management of the

revolving fund established in subsection (a). all benefits authorized to be provided to such

(B) Amounts collected for services pro- pilot programs, the bill would establish a re-

persons under title 38, United States Code, in

vided to veterans in excess of the estimate volving fund. The fund would contain any

accordance with the terms and conditions

amounts specifically appropriated to such

determined under paragraph (2) shall be de- applicable to such persons and such benefits,

fund, any amounts recovered or collected by

posited in the revolving fund established notwithstanding that such benefits are not reason of the furnishing of health care under

under subsection (a). provided under the pilot program.

a pilot program authorized by this Act, and

(C) An amount up to the estimate deter- (b) UTILIZATION OF OTHER DEPARTMENT FA-

any funds collected under current provisions

mined under paragraph (2) shall be deposited CILITIES.-Department facilities not partici-

of title 38, United States Code in excess of

in the Medical-Care Cost Recovery Fund es- pating in pilot programs shall continue to

the current Congressional Budget Office

tablished under section 1729(g) of title 38, furnish health care benefits in accordance

baseline or Office of Management and Budget

United States Code. with the provisions of title 38, United States

Code. baselines-whichever is greater-for reim-

SEC. 7. ADMINISTRATIVE FLEXIBILITY. bursements for medical care. Amounts in the

(a) APPLICABILITY OF NOTICE AND WAIT RE- fund would be available until expended for

QUIREMENT.-The Secretary may carry out DEPARTMENT OF

all purposes of carrying out the pilot pro-

any reorganization necessary to carry out a VETERANS AFFAIRS,

grams, except they could not be used for

pilot program authorized by section 3(a) March 22, 1994.

major facility construction or leasing.

without regard to the provisions of section Hon. ALBERT GORE, Jr.,

Other provisions in the bill would provide

510(b) of title 38, United States Code. Presidentof the Senate, Washington, DC. the Department with greater administrative

(b) APPLICABILITY OF OTHER PROVISIONS OF DEAR MR. PRESIDENT: We are transmitting

flexibility to allow it to compete in the

LAW.-The Director of a Department health a draft bill, "To authorize the Department of

health care market. Most importantly, the

care facility participating in a pilot project Veterans Affairs to conduct pilot programs

bill would exempt pilot sites from a number

authorized by section 3(a) may enter into for delivering health-care services in states

which have statutorily reformed their health of specified laws and government policies

agreements with health care plans, insurers, which restrict their ability to freely procure

care systems."

health care providers, or with any other en- goods and services. It would also ease cur-

The Nation is focused on the need for re-

tity or individual to furnish or obtain any form of our health care system. Several rent restrictions on the Department's ability

health care resource, as that term is defined to reorganize its facilities when necessary

months ago, the President submitted legisla-

in section 8152 of title 38, United States tion to the Congress which embodies his vi- for the success of the pilot. Finally, the draft

Code, without regard to the following: sion of a system which will ensure all Ameri- bill contains specific authority for the De-

(1) Chapter 7 of the Office of Federal Pro- cans of access to affordable health care. His partment to conduct market and consumer

curement Policy Act (41 U.S.C. 410 et. seq.). proposal would make crucial improvements surveys, and promote and advertise health

(2) Chapter 4 of the Federal Property and in the VA health care system. Congress is plans.

Administrative Services Act of 1949 (41 now considering that legislation. However, We urge enactment of the proposed legisla-

U.S.C. 251 et seq.). many states are not waiting for national tion as soon as possible so that VA can con-

(3) Subsections (b)(7), (e), (f), (g), and (h) of health reform. They are proceeding to enact tinue to meet the needs of veterans in those

section 8 of the Small Business Act (15 U.S.C. their own reform measures now. states which are reforming their health care

637), relating to certificate of competency, The different state reform initiatives vary systems in advance of national reform.

notice, and sole sourcing. considerably in detail, but they include the The Office of Management and Budget ad-

(4) Office of Management and Budget Cir- common theme of increasing access to care. vises that there is no objection to the sub-

cular A-76. Additionally, they often ensure that citizens mission of this legislative proposal to the

(5) Section 8110(c) of title 38, United States can receive a standard benefits package con- Congress, and its enactment would be in ac-

Code, relating to contracting out at Depart- taining a wider array of services than VA cord with the Program of the President.

ment medical facilities. can now furnish to veterans. In that situa- Sincerely yours,

(6) Subchapter V of chapter 35 of title 31, tion, many veterans who now obtain care JESSE BROWN..

United States Code, relating to Government from VA might choose to seek services from

Accounting Office protests. another provider. To ensure that VA is able By Mr. GRAHAM (for himself and

(7) Sections 3526 and 3702 of title 31, United to continue providing veterans with the care Mr. DORGAN):

States Code, relating to jurisdiction over and services they need and deserve, VA must S. 2136. A bill to prohibit sponsorship

Government Accounting Office protests. be allowed to participate in the new health of television violence by agencies of

(8) Section 1491 of title 28, United States care marketplace that is emerging in these the Federal Government, and for other

Code, relating to protests to the United states. Further, VA needs to participate in purposes; to the Committee on Govern-

States Court of Federal Claims. these states so it can learn to compete in the mental Affairs.

(9) Section 702 of title 5, United States health care markets that will follow na-

FEDERAL ADVERTISEMENT REFORM ACT

Code, and section 1346(2) of title 28, United tional health care reform. This draft bill

States Code, relating to protests to United would allow VA to accomplish these two ob- * Mr. GRAHAM. Mr. President, I have

States district courts. jectives. often said that Government should lead

11216 CONGRESSIONAL RECORD-SENATE May 19, 1994

by example. Today I am introducing He writes, "I think it is necessary for the national broadcast television networks,

legislation to require the Federal Gov- all of us to demand that the broadcast or on cable television systems (in the case of

ernment to take a leadership role in companies stop showing all these programs available to a substantial percent-

age of the households that subscribe to cable

addressing the issue of violence on tel- shows with too much violence . . . television service nationally). For each cal-

evision. Concerned people could write advertis- endar year, the Administration shall select

Legislation considered by Congress ers asking them to stop sponsoring vio- at least 1 week during television sweeps, as

thus far has been aimed at helping con- lent shows." defined by the Secretary.

sumers make better-informed decisions Mr. President, I agree with Michael. (c) IDENTIFICATION OF PROGRAM.-After

about the shows they watch and the Each of us has a responsibility to evaluating the television programs described

products they buy from companies that change what is considered acceptable in subsection (b), the Administration shall

advertise on television. Senator SIMON in American entertainment. identify programs that contain a high degree

has also been effective in using the Enactment of the bill I am introduc- of violence, as defined by the Secretary.

threat of legislation to spur action ing today will say to Michael and oth- (d) PUBLICATION.-The Secretary shall pub-

from broadcast and cable programmers. ers concerned about television violence lish in the Federal Register a list of the pro-

grams identified pursuant to subsection (c)

On Tuesday, the cable industry held a that the Federal Government has heard each calendar quarter.

press conference detailing its progress their message. We are no longer going SEC. 4. REGULATIONS.

on this matter. to sponsor violent programming on the The Secretary shall promulgate such regu-

Meanwhile, agencies of the Federal one hand while with the other we pen lations as are necessary to carry out this

Government continue to sponsor vio- legislation forcing others to solve this Act.o

lent programming with their own ad- problem. Our efforts will be com-

vertising dollars. My bill would take prehensive. By Mr. BAUCUS:

the necessary first step-changing our Mr. President, I urge my colleagues S. 2137. To designate certain National

own ways-before asking others to Forest lands in the State of Montana

to support and cosponsor this bill.

apply greater vigilance to the fight Mr. President, I ask unanimous con- as wilderness, to release other National

against television violence. Forest lands in the State of Montana

Our market influence should not be sent that the text of the bill be printed for multiple use management, and for

overlooked. We're not talking about in the RECORD. other purposes; read the first time.

the public service announcements that There being no objection, the bill was

are run at little or no cost to the Gov- ordered to be printed in the RECORD, as

MONTANA NATIONAL FOREST MANAGEMENT ACT



ernment. In 1992, Federal agencies-led follows: OF 19914



by the Postal Service, the military, S. 2136 * Mr. BAUCUS. Mr. President, I am in-

and Amtrak-spent over $110 million Be it enacted by the Senate and House of Rep- troducing today a bill that I hope

on television advertising. resentatives of the United States of America in brings us one critical step closer to re-

The question will be asked, How Congress assembled, solving Montana's longstanding wilder-

much of that money was spent support- SECTION 1. SHORT TITLE. ness debate. It is the identical piece of

ing violent programming. The simple This Act may be cited as the "Federal Ad- legislation that my colleague from

vertisement Reform Act". Montana, Senator BURNS, and I agreed

answer is, we don't know. That's why

SEC. 2. DEFINITIONS. to, and which passed the Senate during

this legislation requires the National For purposes of this Act--

Telecommunications and Information the 102d Congress.

(1) the term "Federal agency" means each The vast majority of Montanans sim-

Administration to determine which authority of Government of the United

shows contain a high degree to vio- States, whether or not it is within or subject ply want to see the wilderness debate

lence. to review by another agency, including- concluded in a way that protects those

What we do know about Government (A) an executive agency, as defined by sec- wildlands that are truly special places.

support for TV violence comes from tion 105 of title 5, United States Code; and Unfortunately, there is a vocal minor-

Senator DORGAN, who has been a leader (B) the United States Postal Service and ity that either wants to see every acre

in the fight against television violence the Postal Rate Commission; and of land designated as wilderness, or be-

and, I am pleased to report, joins me a (2) the term "Secretary" means the Sec- lieves that the vast majority of our

retary of Commerce, acting through the Na-

an original cosponsor of this bill. tional Telecommunications and Information wild country should be opened up to

Senator DORGAN asked students at Administration. mining, oil and gas development, and

Concordia College last year to survey a SEC. 3. PROHIBITION. logging. But this is not the Montana I

week of television programming and (a) IN GENERAL.-Except as provided in know. Montanans want balance. They

determine which shows contained the subsection (b), a Federal agency may not ad- want the wilderness issue resolved in a

most violence and who was advertising vertise, or enter into a contract to advertise, way that protects both jobs and envi-

on those shows. The study found that any product, program, or policy during any ronment.

the U.S. Army was one of the top 20 television program identified as having a For this reason, I believe the legisla-

sponsors of prime-time violence. high degree of violence pursuant to section 4. tion that I am introducing is the best

This is an issue, Mr. President, that (b) EXCEPTIONS.-The identification of a

television program as containing a high de- hope Montanans have of settling the

is on the minds of American families. wilderness debate. While this legisla-

In April, an eight grader from Davie, gree of violence pursuant to section 4 shall

tion is not perfect, it is reasonable.

FL, visited my office. Fifteen-year-old not apply to an advertisement pursuant to-

Michael Gittinger won a trip to Wash- (1) any contract entered into prior to the Both Senator BURNS and I have spon-

date of enactment of this Act; or sored it in the past, and it passed the

ington in a contest called Speak for (2) any contract entered into prior to the

Yourself. Contestants submitted copies date of publication of such identification in Senate by an overwhelming margin in

of letters they had sent to their rep- the Federal Register. 1992.

resentatives in Congress about issues SEC. 4. IDENTIFICATION OF VIOLENT PROGRAM- It is true that many environmental

of concern to them. MING. groups don't like it-it doesn't protect

Michael was a State winner from (a) PROGRAM.-Not later than 6 months enough areas that many people believe

Florida for his letter about violence in after the date of enactment of this Act, the merit wilderness designation. And it is

the media, written to Representative National Telecommunications and Informa- true that industry doesn't like it-wil-

PETER DEUTSCH. I ask unanimous con- tion Administration (in this Act referred to derness designations just don't allow

sent that Michael's letter be included as the "Administration") shall establish a for logging, mining, or oil and gas drill-

program to evaluate television programs ing. At this point, however, my focus is

in the RECORD, but I also would like to with respect to violent content contained in

read a few lines from it. the programs. The Administration shall es- not on what it doesn't do, but rather on

"I am scared," Michael says. tablish the program in accordance with this what it does. This bill allows us to pass

"It is sad when children watch TV section. a bill from the Senate and go to con-

and see a show where killing is okay (b) PROGRAM SELECTION.-The Administra- ference with the House; it allows us to

because it's cool." tion shall evaluate each program on each of break the 16-year stalemate; and it al-

May 19, 1994 CONGRESSIONAL RECORD-SENATE 11217

lows us to do what the people of Mon- good of Montana's land and people, he want- Senator from West Virginia, ROBERT C.

tana elected us to do-resolve the wil- ed a bill passed. Up until the end, Arnie BYRD, we have seen a greater apprecia-

derness debate. spoke his mind; he spoke t he kind of com- tion of this precious resource. We have

mon sense that always abou ends inMontana.

I have spoken on several occasions

Since you first came to the Senate, you also seen an increase in economic bene-

over the past months to my colleague, have also often spoken abe fits from the expanded tourism oppor-

out the need to

Senator BURNS, regarding my intention tunities this area represents. In fact,

pass a wilderness bill. In 1992, we worked to-

to introduce our compromise legisla- gether and we came close. V 7hile we reached

over 700,000 visitors come to West Vir-

tion. It is my sincere hope that Sen- agreement here in the Senat e, we both recog-

ginia and experience the New River

ator BURNS will agree with me that nized that our agreement diid not-and could each year.

prompt passage of this legislation is in not-bind Congressmen Willliams, Marlenee. To build upon these efforts, along

the best interest of Montana and will or any other member of th e House of Rep- with my colleague in the House, NICK

resentatives.

join with me toward that end. RAHALL, I introduced the West Virginia

Given all the trouble we'\ re had passing a

Mr. President, I ask unanimous con- Montana wilderness bill, I still think it's National Interest River Conservation

sent that additional material be print- possible to get the job done Sif approach

we Act, which designated parts of the

ed in the RECORD. this issue with open minds aand the "can do"Gauley, Meadow, and Bluestone Rivers

There being no objection, the mate- spirit that has seen Montai na through good as components of the Wild and Scenic

rial was ordered to be printed in the times and bad. Rivers System. This bill was signed

RECORD, as follows: Toward this end, as I have told you several

into law in 1988.

U.S. SENATE, times before, I will soon int roduce the 1991- In the 102d Congress, I also joined

Washington, DC, May 16, 1994. 92 Baucus-Burns compromis

Hon. CONRAD BURNS, spoke recently, I urged yoiu to join me in NICK RAHALL in introducing two other

Dirksen Senate Office Building, again cosponsoring this le gislation. While pieces of legislation to protect natural

Washington, DC. resources in West Virginia. The first

neither of us would call it a perfect bill, it

DEAR CONRAD: With the House close to represents many hours of work and good added approximately 12,000 acres to the

passing Congressman Williams' Montana wil- faith compromise between the two of us. boundaries of the New River Gorge Na-

derness bill, we now have an opportunity to With our mutual support, itSis also the one tional River, the Gauley National

move Montana beyond its divisive issue by bill we know can pass the S enate. Once thisRecreation Area, and the Bluestone

passing a bill through the Senate. I believe happens, it would then be se nt to Conference

Scenic River. The second required the

Montana is best served when we work to- with the House. The final product, the Con- o e Re

gether. ference Report, will altmost certainly study of the New River for possible des-

As much as anything, wilderness is an amount to a "grand compr omise" between ignation as a component of the Na-

issue where reasonable Montanans can-and the House and Senate bills. tional Wild and Scenic Rivers System

do-reach different conclusions. Almost We both know folks are ti red of the "poli-

and management under the Wild and

every Montanan engaged in this debate has tics as usual" back in Wash ington. As a Re-Scenic Rivers Act.

his or her ideal wilderness bill. Some want publican and a Democrat, y ou and I have an The legislation I am introducing

just about every remaining roadless acre opportunity to prove we can put partisanshiptoday is a followup to the legislation I

made wilderness. Others say they want no aside and work together as Montanans for introduced last Congress, and would of-

more wilderness or, similar to the bill you the good of Montana. The p:roposal I've out-

intend to introduce, the Forest Service rec- lined is the most construc tive way I can ficially designate 14.5 miles of the New

ommendations of about 800,000 acres. I re- think of to pass a Montana bill this year. IRiver in West Virginia as a scenic

spect the sincerity of each of these points of therefore ask you to join m e again as a co-river. This segment runs from the West

view. Yet I also believe the vast majority of sponsor of the Baucus-Burns bipartisan com- Virginia-Virginia State line down-

our fellow Montanans think it's time to pass promise. stream to the Bluestone Lake in Sum-

a bill that represents a compromise between Think it over. I hope we ca n work together

mers County. The 11,191 acres within

uncompromising positions. And, ultimately, and get this job done for Mor itana. this proposed Scenic River segment are

With best personal regards currently in Federal ownership and

by carefully considering the environmental

sensitivity, recreation and resource poten- Sincerely,

tial of each area, it is possible to pass a bill MAX BAUCUS.@ would continue to be managed as a

wildlife management area under an ex-

that protects both jobs and the environment.

By Mr. ROCKEFEL LER: isting agreement between the State of

However, over the weekend, I was surprised

to learn that you plan to introduce a bill S. 2139. A bill to provicle for the con- West Virginia and the Federal Govern-

drafted by the Montana Resource Providers servation, management, or study of ment.

Coalition. During the several times we have certain rivers, parks, tr ails, and his- This legislation also authorizes the

discussed this issue in recent months, you toric sites, and for othe r purposes; to Secretary of the Interior to study an

failed to mention this proposal or course of the Committee on Energy and Natural 11-mile segment of the Elk River, to

action. While this proposal represents one Resources. determine its eligibility and suitability

side of the wilderness debate, it is not a bill WEST VIRGINIA RIVERS CONSE RVATION ACT OF for inclusion in the National Wild and

that can pass Congress. If there is one thing

that more than a decade of debate over Mon-

19941 Scenic Rivers System, or as a unit of

tana wilderness has taught us, it is that an * Mr. ROCKEFELLER. Mr. President, the National Park System as a na-

unbalanced bill-tilted too far toward either today I am pleased to introduce the tional river or national recreation

preservation or development-has no chance West Virginia Rivers Con servation Act. area.

of passage. Moreover, I believe there are a I believe this legislation will help pro- The bill adds Carnifex Ferry Battle-

number of Montanans on both sides of this tect and preserve some of West Vir- field State Park to within the bound-

issue who want this issue settled and are ginia's most valuable nattural resources ary of the Gauley River National

willing to accept a reasonable compromise if for future generations, an Ld enhance the Recreation Area, and adds to the

we are willing to show the necessary leader- State's growing tourisn Sindustry as Bluestone Scenic River the portion of

ship.

I'm reminded of Arnold Bolle; one of the well. Pipestem State Park that is not cur-

finest Montanans I've ever known. You know As former Governor of' West Virginia, rently within its boundaries. Both of

that Arnie was a conservationist. And he was and now as a U.S. Senat or, I have ag- these additions are proposed in order to

also a principled and practical man who gressively pursued policites and legisla- achieve maximum economy and effi-

wanted, perhaps more than anything, to live tion designed to increas tourism in ciency in administering the park unit.

se

to see the Montana wilderness issue resolved. my home State and the Nation. I be- Nothing in this legislation would affect

Sadly, this dream never became a reality. lieve that protection of W lest Virginia's the continued ownership and manage-

Shortly before he died, Arnie wrote me one important natural resour ces, like those ment of the State park unit by the

last letter. He asked that the wilderness

contained in this bill, is vital to these State.

issue be settled this year. While Arnie want-

ed a number of wild areas protected, he also efforts. To increase the opportunities of citi-

came to see the wilderness issue as some- Since the establishmenit of the New zens seeking greater and easier access

thing that pitted Montanan against Mon- River Gorge National Rivver, as a result to the Gauley and Bluestone Rivers,

tanan. For both of these reasons, for the of legislation introduced by the senior this bill does two things. First, it re-

11218 CONGRESSIONAL RECORD-SENATE May 19, 1994

quires the National Park Service to "( ) UPPER NEW RIVER, WEST VIRGINIA.-(A) agement of the Sutton project or the author-

produce a plan to provide access to the The segment in Summers County, West Vir- ity of any department, agency, or instrumen-

Gauley River for private boaters and ginia, from the West Virginia-Virginia State tality of the United States to carry out the

line downstream for approximately 14.5 purposes of the project on the date of enact-

fishers in the middle segment of the miles as depicted on the boundary map enti- ment of this section.

river. Second, the bill contains provi- tled 'Upper New Wild and Scenic River', (d) CONSULTATION.-In conducting the

sions to provide a public access point numbered UPNE 80,000 and dated July 1993 to study required by this section, the Secretary

to the Bluestone River, to be located be administered by the Secretary of the Inte- shall consult with the West Virginia Division

near Eads Mill. Currently, those wish- rior as a scenic river. of Tourism and Parks and the West Virginia

ing to enter the river must travel to "(B) The acreage limitation set forth in Division of Environmental Protection.

Pipestem State Park, which is the only subsection (b) shall not apply to the segment SEC. 7. CONSOLIDATED MANAGEMENT.

available public access point. designated under this paragraph. Nothing in To achieve the maximum economy and ef-

The bill also includes an authoriza- this Act shall preclude the improvement of ficiency of operations in the administration

any existing road or right-of-way within the of the segment of the New River designated

tion for the National Park Service to

boundaries of the segment designated under by the amendment made by section 5, the

construct a visitors center at Gauley this paragraph. Secretary of the Interior shall consolidate

Bridge. Located where the New River "(C) Jurisdiction over all lands and im- offices and personnel administering such seg-

and Gauley River join to form the provements on such lands owned by the Unit- ment with offices and personnel administer-

Kanawha River, I believe a visitors ed States within the boundaries of the seg- ing the New River Gorge National River, the

center in this location would help pro- ment designated under this paragraph is Gauley River National Recreation Area, and

mote an increased public knowledge hereby transferred without reimbursement the Bluestone National Scenic River to the

and appreciation of this area. to the administrative jurisdiction of the Sec- extent practicable, and shall utilize facilities

Mr. President, I believe this legisla- retary of the Interior, subject to the lease in of the New River Gorge National River to

tion will enable West Virginia to con- effect on the date of enactment of this para- the extent practicable.

graph (or renewed thereafter) between the SEC. 8. MISCELLANEOUS PROVISIONS.

tinue to grow as a tourist destination.

United States and the State of West Virginia (a) NEW RIVER CONFORMING AMENDMENTS.-

The areas covered in this bill offer ca- with respect to the Bluestone Wildlife Man- Title XI of the National Parks and Recre-

noeing, hiking, fishing, and some of the agement Area. ation Act of 1978 (16 U.S.C. 460m-15 et seq.) is

best whitewater rafting in the Nation. "(D) Nothing in this Act shall affect the amended by adding at the end the following

In addition, these areas abound with management by the State of West Virginia new section:

examples of West Virginia's coal herit- of hunting and fishing within the segment "SEC. 1117. APPLICABLE PROVISIONS OF OTHER

age and Civil War history. Passage of designated under this paragraph. Nothing in LAW.

this legislation will help ensure that this Act shall affect or impair the manage- "(a) COOPERATIVE AGREEMENTS.-Section

these natural, recreational, and cul- ment by the State of West Virginia of other 202(e)(1) of the West Virginia National Inter-

wildlife activities in the Bluestone Wildlife est River Conservation Act of 1987 (16 U.S.C.

tural resources are managed in a man-

Management Area to the extent permitted in 460ww-1(e)(1)) shall apply to the New River

ner that will allow for their enjoyment the lease agreement in effect on the date of Gorge National River in the same manner

now and by future generations. enactment of this paragraph. Upon request and to the same extent as such section ap-

The House of Representatives has al- by the State of West Virginia, the Secretary plies to the Gauley River National Recre-

ready passed this legislation, and given shall renew such lease agreement with the ation Area.

the importance of tourism and ecologi- same terms and conditions as contained in "(b) REMNANT LANDS.-The second sen-

cal preservation to West Virginia and such lease agreement on the date of enact- tence of section 203(a) of the West Virginia

the Nation, I ask that this legislation I ment of this paragraph under which State National Interest River Conservation Act of

am introducing today be given favor- management shall be continued pursuant to 1987 (16 U.S.C. 460ww-2(a)) shall apply to

able consideration. such renewal. If requested to do so by the tracts of land partially within the bound-

State of West Virginia, or as provided in the aries of the New River Gorge National River

Mr. President, I ask unanimous con-

lease agreement, the Secretary may termi- in the same manner and to the same extent

sent that the text of the bill be printed nate or modify the lease and assume admin- as such sentence applies to tracts of land

in the RECORD. istrative authority over all or part of the partially within the Gauley River National

There being no objection, the bill was areas concerned. Recreation Area.".

ordered to be printed in the RECORD, as "(E) Nothing in the designation of the seg- (b) BLUESTONE RIVER CONFORMING AMEND-

follows: ment referred to in this paragraph shall af- MENTS.-Section 3(a)(65) of the Wild and Sce-

S. 2139 fect or impair the management of the nic Rivers Act (16 U.S.C. 1274(a)(65)) is

Be it enacted by the Senate and House of Rep- Bluestone project or the authority of any de- amended-

resentatives of the United States of America in partment, agency, or instrumentality of the (1) in the fifth sentence, by striking

Congress assembled, United States to carry out the purposes of "leases" and inserting "the lease";

SECTION 1. SHORT TITLE. the project.". (2) in the seventh sentence, by striking

This Act may be cited as the "West Vir- SEC. 6. DESIGNATION OF ELK RIVER AS A STUDY "such management may be continued pursu-

ginia Rivers Conservation Act of 1994". RIVER. ant to renewal of such lease agreement"; and

SEC. 2. NEW RIVER GORGE NATIONAL RIVER. (a) STUDY.-The Secretary of the Interior (3) by striking the eighth sentence and in-

Section 1101 of the National Parks and shall conduct a study of the segment of the serting the following: "Upon request by the

Recreation Act of 1978 (16 U.S.C. 460m-15) is Elk River, West Virginia, that is reflected on State of West Virginia so requests, the Sec-

amended by striking "NERI-80,023, dated the Webster Springs Quadrangle (West Vir- retary shall renew such lease agreement

January 1987" and inserting "NERI-80,028, ginia) 7.5 minute series topographic map, with the same terms and conditions as con-

dated January 1993". United States Geological Survey, to deter- tained in such lease agreement on the date of

SEC. 3. GAULEY RIVER NATIONAL RECREATION mine its eligibility and suitability as ei- enactment of the West Virginia Rivers Con-

AREA. ther- servation Act of 1994 under which such State

Section 201(b) of the West Virginia Na- (1) a component of the national wild and management shall be continued pursuant to

tional Interest River Conservation Act of scenic rivers system; such renewal. Upon request by the State of

1987 (16 U.S.C. 460ww(b)) is amended by strik- (2) a unit of the National Park System as West Virginia, or as provided in such lease

ing "NRA-GR/20,000A and dated July 1987" a national river; or agreement, the Secretary may terminate or

and inserting "GARI-80,001 and dated Janu- (3) a unit of the National Park System as modify the lease and assume administrative

ary 1993". a national recreation area. authority over all or part of the areas con-

SEC. 4. BLUESTONE NATIONAL SCENIC RIVER. (b) REPORT.-Not later than 3 years after cerned.".

Section 3(a)(65) of the Wild and Scenic Riv- the date of enactment of this Act, the Sec- SEC. 9. GAULEY ACCESS.

ers Act (16 U.S.C. 1274(a)(65)) is amended by retary of the Interior shall submit a report Section 202(e) of the West Virginia Na-

striking "WSR-BLU/20,000, and dated Janu- containing the results of the study con- tional Interest River Conservation Act of

ary 1987" and inserting "BLUE-80,004, and ducted pursuant to subsection (a) to the 1987 (16 U.S.C. 460ww-l(e)) is amended by add-

dated January 1993". Committee on Energy and Natural Resources ing at the end the following new paragraph:

SEC. 5. DESIGNATION OF UPPER NEW RIVER, of the Senate and to the Committee on Natu- "(4) ACCESS TO RIVER.-Not later than 90

WEST VIRGINIA. ral Resources of the House of Representa- days after the date of enactment of this

Section 3(a) of the Wild and Scenic Rivers tives. paragraph, the Secretary shall submit a re-

Act (16 U.S.C. 1274(a)) is amended by adding (c) EFFECT ON MANAGEMENT.-Nothing in port to the Committee on Energy and Natu-

at the end the following new paragraph: this section shall affect or impair the man- ral Resources of the Senate and to the Com-

May 19, 1994 CONGRESSIONAL RECORD-SENATE 11219

mittee on Natural Resources of the House of THE ACCESS TO MEDICAL TREATMENT ACT This is only one example of untold

Representatives setting forth a plan to pro- * Mr. DASCHLE. Mr. President, today numbers of treatments that may prove

vide river access for noncommercial rec- I am introducing, with Senators HAR- beneficial but cannot be tried without

reational users within the Gauley River Na- KIN, PELL, GRASSLEY, HATFIELD, and

tional Recreation Area. The plan shall pro- enactment of this legislation.

vide that such access shall utilize existing DECONCINI, the Access to Medical Shortly after he recovered from

public roads and rights-of-way to the maxi- Treatment Act. This legislation will Lyme disease, Congressman Bedell dis-

mum extent feasible and shall be limited to allow greater freedom of choice in the covered he had prostate cancer. Again,

providing access for such noncommercial realm of medical treatments, and will he found conventional treatments to be

users.". make alternative treatments more unsuccessful and turned to alternative

SEC. 10. VISITOR CENTER. available to the public. medicine. This time he had to leave the

The Secretary of the Interior may con- The Access to Medical Treatment country to obtain his treatment. But,

struct a visitor center and such other related Act represents a significant departure once again, alternative therapy ap-

facilities as may be necessary to facilitate from current medical practice. It is

visitor understanding and enjoyment of the pears to have been successful thus far-

New River Gorge National River and the grounded in the belief that our current he has been free of cancer for 4 years.

Gauley River National Recreation Area in health care delivery system actually Mr. President, there are any number

the vicinity of the confluence of the New discourages rather than encourages the of Berkley Bedells across the country

River and Gauley River. Such center and re- development of alternative therapies who are desperate for cures that con-

lated facilities are authorized to be con- that could effectively treat illnesses ventional medicine simply does not

structed at a site outside of the boundary of that often do not respond well, if at all, seem to be able to provide. Yet, the

the New River Gorge National River or the to conventional medicine. And it seeks tragic fact is that most people do not

Gauley River National Recreation Area un- to open up the system to such treat- have the financial means to seek out

less a suitable site is available within the

boundaries of either unit. ments under controlled conditions. alternative treatments abroad.

SEC. 11. EXTENSION. As with any effort to change the sta- The Access to Medical Treatment

For a 5-year period beginning on the date tus quo, questions have been raised Act attempts to address this situation.

of enactment of this Act, the provisions of about the practical effect of venturing Its intent is twofold: First, to allow in-

the Wild and Scenic Rivers Act applicable to into this new area of medicine. We creased access to alternative treat-

river segments designated for study for po- have tried to address these concerns as ments; and second, to allow increased

tential addition to the wild and scenic rivers we worked out the details of the bill, opportunities for the trial of alter-

system under section 5(b) of such Act (16 and I would like to talk in a moment native treatments that may prove to

U.S.C. 1276(b)) shall apply to the segments of about these important issues. First, be extremely effective.

the Bluestone and Meadow Rivers that were

found eligible in the studies completed by however, I would like to relate how I If these treatments are so effective,

the National Park Service in August 1983 but became involved in the debate over al- it will be asked, why can't they merely

that were not designated by the West Vir- ternative treatments, and share with go through the standard FDA approval

ginia National Interest River Conservation my colleagues what was really the fun- process?

Act of 1987 (Public Law 100-534; 102 Stat. 2702) damental catalyst in my developing The answer is that the time and ex-

as part of the Bluestone National Scenic this legislation. pense currently required to gain FDA

River or as part of the Gauley River Na- Berkley Bedell is a former Congress- approval of a treatment effectively pre-

tional Recreation Area, as the case may be. man from the Sixth District of Iowa. cludes all but large pharmaceutical

SEC. 12. BLUESTONE RIVER PUBLIC ACCESS.

Section 3(a)(65) of the Wild and Scenic Riv- As did quite a few of us in the Senate, companies from undertaking such an

ers Act (16 U.S.C 1274(a)(65)) is amended by I had the privilege of serving with Con- arduous and costly endeavor. The

adding at the end the following new sen- gressman Bedell for several years in heavy demands and requirements of

tence: "In order to provide reasonable public the House of Representatives, where he the FDA approval process deny access

access and vehicle parking for public use and acquired a well-deserved reputation for to the potentially innovative contribu-

enjoyment of the river designated by this intellectual honesty and commitment tions of individual practitioners, sci-

paragraph, consistent with the preservation to principle, as well as for tilting at entists, smaller companies, and others

and enhancement of the natural and scenic the occasional windmill. In more than who do not have the financial resources

values of such river, the Secretary may ne- one instance, he appeared out of step to traverse the painstakingly detailed

gotiate a memorandum of understanding or

cooperative agreement, or acquire such lands with conventional opinion and subse- path to certification. The current sys-

or interests in such lands, or both, with the quently proved to be ahead of his time. tem not only forgoes untold potential

consent of the owner as may be necessary to When Congressman Bedell left the for exploring life-saving treatments,

allow public access to the Bluestone River House at the end of the 100th Congress, but also serves to prevent low-cost

and to provide, outside the boundary of the he was ill with Lyme disease. After treatments from gaining access to the

scenic river, parking and related facilities in trying several unsuccessful rounds of market.

the vicinity of the area known as Eads conventional treatment consisting of I want to emphasize, however, that I

Mill.". heavy doses of antibiotics, the cost of do not intend or anticipate that this

SEC. 13. GAULEY RIVER BOUNDARY MODIFICA-

TION. which ran in the thousands of dollars, legislation will dismantle the FDA, un-

Section 205(c) of the West Virginia Na- he turned to an alternative treatment dermine its authority or appreciably

tional Interest River Conservation Act of that he believes cured his disease. This change current medical practices. It

1987 (16 U.S.C 460ww-4(c)) is amended by add- treatment, which is actually a veteri- does not attack the FDA or its ap-

ing at the end the following new sentence: nary treatment, consisted on its most proval process. It complements it.

"If project construction is not commenced basic level of nothing more than drink- The FDA would remain solely respon-

within the time required in such license, or ing processed whey from a cow's milk. sible for protecting the health of the

if such license is surrendered at any time, tak- Nation from unsafe and impure drugs.

such boundary modification shall cease to After approximately 2 months of

have any force and effect.".* ing regular doses of this processed The heavy demands and requirements

whey, his symptoms disappeared. He placed upon treatments before they

By Mr. DASCHLE (for himself, estimates that the total cost for this gain FDA approval are important, and

Mr. HARKIN, Mr. PELL, Mr. alternative treatment was no more I firmly believe that treatments receiv-

GRASSLEY, Mr. HATFIELD, and than a few hundred dollars. ing the Federal Government's stamp of

Mr. DECONCINI): In spite of Congressman Bedell's approval should be proven safe and ef-

S. 2140. A bill to permit an individual amazing recovery, and the fact that fective.

to be treated by a health care practi- this same treatment appeared to be ef- The intent of my legislation is mere-

tioner with any method of medical fective in some other cases of Lyme ly to extend freedom of choice to medi-

treatment such individual requests, disease, the treatment can no longer be cal consumers under controlled situa-

and for other purposes; to the Commit- administered because it has not gone tions. I believe that individuals, espe-

tee on Labor and Human Resources. through the FDA approval process. cially individuals who face life-threat-

11220 CONGRESSIONAL RECORD-SENATE May 19, 1994

ening afflictions for which conven- labeling claims, and any other claims S. 2140

tional treatments have proven ineffec- by individuals for whom the underlying Be it enacted by the Senate and House of Rep-

tive, should have the option of trying intent of promoting the treatment resentatives of the United States of America in

Congress assembled,

an alternative treatment, so long as might be linked to personal financial SECTION 1. SHORT TITLE.

they have been informed of the nature gain. This Act may be cited as the "Access to

of the treatment and are aware that it What this means is that there can be Medical Treatment Act".

has not been approved by the FDA. no marketing of any treatment admin- SEC. 2. DEFINITIONS.

This is a choice that is rightly left to istered under this bill. Because mar- As used in this Act:

the consumer, and not dictated by the keting of a treatment is prohibited, I (1) ADVERTISING OR LABELING CLAIMS.-The

Federal Government. see very little incentive for anyone to term "advertising or labeling claims" means

The Access to Medical Treatment try and use this bill as a bypass to the any representations made or suggested by

Act will allow individuals, under cer- process of obtaining FDA approval. statement, word, design, device, sound, or

any combination thereof with respect to

tain carefully circumscribed condi- Also, because only properly licensed

treatment, including a representation made

tions, to obtain medical treatments practitioners are able to make any or suggested by a label.

that have not yet been approved by the claims at all about the efficacy of a (2) DANGER.-The term "danger" means

FDA. The medical treatments pre- treatment, I see very little room for so- any serious negative reaction that-

scribed under this bill cannot be dan- called quack medicine. In short, if an (A) occurred as a result of a method of

gerous. However, given the fact that individual or a company wants to make treatment;

the very intent of the bill is to allow any profit off their product, utilizing (B) would not otherwise have occurred; and

treatments that have not necessarily this legislation will not be a preferable (C) is more serious than reactions fre-

quently experienced with accepted treat-

undergone extensive testing, it is pos- option. ments for the same or similar health prob-

sible that a treatment administered Mr. President, I fully realize that lems.

under the bill could turn out to be a there will be significant debate over (3) DEVICE.-The term "device" has the

danger to the patient. In these cases, both the concept and content of this same meaning given such term in section

the treatment must be immediately re- legislation. I welcome this debate. In a 201(h) of the Federal Food, Drug, and Cos-

ported to the Secretary of Health and sense, it is my purpose for introducing metic Act (21 U.S.C. 321(h)).

Human Services, and it cannot be uti- the bill. (4) DRUG.-The term "drug" has the same

lized again. What I am trying to do in this legis- meaning given such term in section 201(g)(1)

The bill requires full disclosure to lation is reconcile what many see as of the Federal Food, Drug, and Cosmetic Act

(21 U.S.C. 321(g)(1)).

the patient of the treatment's contents two irreconcilable interests-protec- (5) FOOD.-The term "food" has the same

and potential side effects, and of the tion of consumers from unscrupulous meaning given such term in section 201(f) of

fact that it has not been proven safe charlatans and preservation of the con- the Federal Food, Drug, and Cosmetic Act

and effective by the Federal Govern- sumer's freedom to choose alternative (21 U.S.C. 321(f)).

ment. The patient is required to sign a therapies. While I am as concerned as (6) HEALTH CARE PRACTITIONER.-The term

written statement indicating that he anyone about protecting the consumer, "health care practitioner" means any prop-

or she had been made aware of this in- I also believe in an individual's right to erly licensed medical doctor, osteopath, chi-

formation. choose to try a treatment that is not ropractor, or naturopath.

Finally, no claims can be made about FDA-approved. (7) LABEL.-The term "label" has the same

meaning given such term in section 201(k) of

the efficacy of a treatment except for If various pieces of my bill are the Federal Food, Drug, and Cosmetic Act

claims made by the practitioner ad- changed or altered in the process of de- (21 U.S.C. 321(k)).

ministering the treatment. Even in bate, that is fine with me. In fact, I (8) LEGAL REPRESENTATIVE.-The term

these limited cases, the claim may welcome improvements, because it will "legal representative" means a parent or an

only take the form of an accurate and show that these issues are being taken individual who qualifies as a legal guardian

documented report made in a recog- seriously. And I believe they should be under State law.

nized journal or at a seminar, conven- taken seriously. They are important is- (9) TREATMENT.-The term "treatment"

tion, or similar meeting. Furthermore, sues, especially at a time when we are means the use of any food, drug, device, or

procedure.

no practitioner may make a claim if he looking to overhaul this Nation's SEC. 3. ACCESS TO MEDICAL TREATMENT.

or she stands to gain financially as a health care system. (a) IN GENERAL.-Notwithstanding any

result of that claim, outside of the re- The Access to Medical Treatment other provision of law, and except as pro-

imbursement he or she might receive Act represents my best first attempt at vided in subsection (b), an individual shall be

from an individual patient for adminis- cracking this paradox. I encourage de- permitted to be treated by a health care

tration of the treatment. bate and am open to changes. If this practitioner with any method of medical

No doubt the largest concern that bill generates the serious discussion treatment that such individual desires or the

has been voiced about my proposal re- that I believe these issues merit, then legal representative of such individual au-

thorizes if-

lates to the issue of consumer protec- I will have achieved my goal in intro- (1) such practitioner agrees to treat such

tion. Individuals are often at their ducing it. I welcome anyone who would individual; and

most vulnerable when they are in des- like to join me in promoting this im- (2) the administration of such treatment

perate need of medical treatment. portant debate to cosponsor this legis- falls within the scope of the practice of such

It is absolutely critical that a pro- lation. practitioner.

posal of this nature include strong pro- Mr. President, I firmly believe that (b) TREATMENT REQUIREMENTS.-A health

tections to ensure that consumers are our health care delivery system should care practitioner may provide any method of

not subjected to charlatans who would be more receptive to alternate treat- treatment to an individual described in sub-

section (a) if-

prey on their misfortunes and fears for ments. I am also sensitive to the fact (1) there is no evidence that such treat-

personal gain. The Access to Medical that how we accomplish that goal has ment itself, when taken as prescribed, is a

Treatment Act is armed with these important ramifications that must be danger to such individual;

protections. thoroughly explored. It is my hope that (2) in the case of an individual whose treat-

The bill requires that a treatment be the Access to Medical Treatment Act, ment is the administration of a food, drug,

administered by a properly licensed and the debate it engenders, will serve or device that has not been approved by the

physician. It also narrowly defines who those ends. Food and Drug Administration-

qualifies as a properly licensed physi- Mr. President, I ask unanimous con- (A) such individual has been informed that

such food, drug, or device has not yet been

cian. Most importantly, however, the sent that the text of the bill be printed

approved or certified by the Food and Drug

bill strictly regulates the cir- in the RECORD. Administration for use of the medical condi-

cumstances under which claims regard- There being no objection, the bill was tion of such individual; and

ing the efficacy of a treatment can be ordered to be printed in the RECORD, as (B) such food, drug, or device (or informa-

made. It prohibits all advertising and follows: tion accompanying the administration of

May 19, 1994 CONGRESSIONAL RECORD-SENATE 11221

such food, drug, or device) contains the fol- when they have been fully informed of if he or she determines such care is ap-

lowing warning: the alternative treatments, to control propriate.

"WARNING: This food, drug, or device has their own fate and obtain treatments I am pleased to cosponsor this legis-

not been proved safe and effective by the

Federal Government and any individual who

they believe are beneficial to their lation with my colleague, Senator

uses such food, drug, or device, does so at his well-being. DASCHLE, and urge expeditious and fa-

or her own risk."; The FDA has made great strides to- vorable consideration of this important

(3) such individual has been informed of ward reducing the time and expense in- step forward in opening the door a lit-

the nature of the treatment, including- volved in obtaining approval for medi- tle wider to alternative medical treat-

(A) the contents of such treatment; cal treatments, devices and medica- ments. Patients deserve to walk

(B) any reasonably foreseeable side effects tions. Unfortunately, even with these through that door if they so choose.e

that may result from such treatment; and improvements, medical consumers still

(C) the results of past applications of such have great dificulty in obtaining access By Mr. BINGAMAN:

treatment by the health care practitioner S. 2141. A bill to provide a grant pro-

and others;

to alternative health treatments. The

proposal which we introduce today will gram to award grants to certain rural

(4) except as provided in subsection (c),

there have been no claims, including adver- not undermine nor reduce the role of communities that provide emergency

tising and labeling claims, made with re- FDA in assuring the effectiveness and medical services for Federal-aid high-

spect to the efficacy of such treatment; and efficacy of medical treatments and de- ways, and for other purposes; to the

(5) such individual- vices. Committee on Environment and Public

(A) has been provided a written statement In this bill, we have simply stated Works.

that such individual has been fully informed that a licensed health care practitioner EMERGENCY MEDICAL SERVICES ACT OF 1994

with respect to the information described in o Mr. BINGAMAN. Mr. President, I in-

may provide any method of medical

paragraphs (1) through (4);

(B) desires such treatment; and treatment that the individual desires troduce legislation to authorize the De-

(C) signs such statement. provided there is no evidence that the partment of Transportation to estab-

(c) CLAIM EXCEPTIONS.-Subsection (b)(4) treatment is dangerous and that the lish a program providing grants to eli-

shall not apply to an accurate and truthful patient has been fully informed of any gible rural communities which furnish

reporting by a practitioner of the results of side effects from the treatment. emergency medical services to travel-

the practitioner's administration of a treat- I am pleased that we have assured ers on Federal-aid highways and which

ment in recognized journals or at seminars, consumer safety protections within the submit an application that is approved

conventions, or similar meetings, if the only bill. Those protections include inform- by the Secretary.

financial gain of such practitioner with re-

ing the patient of the nature and fore- Many small, rural communities are

spect to such treatment is the payment re-

ceived from an individual or representative seeable side effects of the treatment increasingly asked to bear the burden

of such individual for the administration of and the fact that FDA has not yet cer- of providing life saving, emergency

such treatment to such individual. tified nor approved the device, food nor medical services to victims of acci-

SEC. 4. REPORTING OF A DANGEROUS TREAT- treatment. We have also prohibited any dents along our Nation's Federal high-

MENT. claims regarding efficacy from being way system. These communities have

If a practitioner, after administering such made. We have also guaranteed con- done this willingly and remarkably

treatment, discovers that the treatment it- sumers that reporting on the results or well given their meager resources.

self (when taken as prescribed) was a danger trials of any alternative treatments However, for many communities the

to the individual receiving the treatment,

will be made by individuals who do not burden has become practically over-

the practitioner shall immediately report to

the Secretary of Health and Human Services have any financial interest in the sup- whelming.

the nature of the treatment, the results of ply or administration of such treat- Mr. President, a recent accident

such treatment, the complete protocol of ment. along a stretch of U.S. Interstate 40

such treatment, and the source from which This bill seeks to empower the pa- provides a poignant example of the dif-

such treatment or any part thereof was ob- tient and to restore patient control ficulty which many of our Nation's

tained. over decisions affecting his or her own small communities face in providing

SEC. 5. TRANSPORTATION OF MEDICATION AND health care. Patients will be able to EMS services to accident victims along

EQUIPMENT.

avail themselves of alternative and Federal-aid highways. A family of

Notwithstanding any other provision of

non-conventional treatment if they be- seven was traveling in two separate ve-

the Federal Food, Drug, and Cosmetic Act

(21 U.S.C. 201 et seq.), a person may intro- lieve such treatment is beneficial. Pa- hicles on 1-40 in route to a ski vacation

duce or deliver into interstate commerce tient control is an essential component in Taos, NM. The family was originally

medication or equipment for use in accord- of good health care which we must from Ireland but currently reside in

ance with this Act. strive to maintain and preserve in de- Plano, TX. As the family was passing a

SEC. 6. RESTRICTIONS ON LICENSING BOARDS. bate on this bill as well as the larger semitrailer, a strong gust of wind

A licensing board that issues licenses to health care reform proposals which we pushed the vehicle off the highway and

health care practitioners may not deny, sus- will address later this summer. We the driver lost control. The second

pend, or revoke the license of a health care must promote and enable people to family vehicle was following closely

practitioner solely because such practitioner have access to alternative health care and also lost control. Both vehicles

provides treatment to which section 3 ap-

if it is viewed as helpful to alleviating rolled and all but one of the family

plies.

pain and suffering. members were thrown from their vehi-

SEC. 7. PENALTY.

Let me share with you a personal ex- cles.

A health care practitioner who violates

any provisions under this Act shall not be

ample of an alternative medical treat- Guadalupe County Hospital, located

covered by the protections under this Act ment which I found beneficial in the in Santa Rosa, NM, a small town of

and shall be subject to all other applicable treament of recurring back and neck 2,200 people, responded to the accident

laws and regulations.* pain. Acupuncture treatments were ini- scene. The nearest trauma center was

* Mr. DECONCINI. Mr. President, I join tially viewed in this country as an al- located 120 miles away in Albuquerque,

my colleague, the distinguished Sen- ternative medical treatment without NM. Mr. President, because of the ef-

ator from South Dakota, Mr. DASCHLE, proven efficacy. In fact, the medical forts of this small, rural hospital, I am

as cosponsor of his legislation Access community in general frowned upon happy to report that all seven members

to Medical Treatment Act, which he is this approach to the treatment of pain. of the family survived the accident.

introducing today. This bill will allow Despite the misgivings of established This is an example of the importance of

the development and utilization of al- medicine, I pursued this treatment the service that our rural communities

ternative medical treatments that may which I found very helpful in relieving provide to victims of accidents along

help patients and have been shown to my neck and back pain. I am glad that Federal-aid highways. Guadalupe Coun-

have no adverse effects. I firmly be- this treatment modality was available. ty Hospital employees and volunteers

lieve that we must allow patients, Others should have access to such care provide this service under tremendous

11222 CONGRESSIONAL RECORD-SENATE May 19, 1994

budgetary constraints that all too submitted under this subsection shall be in year of service to individuals suffering from

often leaves them with substandard such form as the Secretary may prescribe. multiple sclerosis, and their families;

(b) ELIGIBLE RURAL COMMUNITY.-A rural Whereas over 500,000 individuals in the

equipment and inadequate funds to United States suffer from multiple sclerosis

community that expends not less than 25

provide training. percent of the funds allocated by the commu- or other neurological disorders;

Mr. President, I believe that we have nity for emergency medical services for serv- Whereas no cause, cure, or prevention for

a responsibility to help our Nation's ices provided for medical emergencies that multiple sclerosis has yet been discovered;

rural communities in their efforts to occur in the vicinity of a Federal-aid high- Whereas the goals of the Multiple Sclerosis

save lives and provide emergency medi- way shall be eligible to receive a grant under Association of America are to enhance the

quality of life for multiple sclerosis sufferers

cal service to our Federal highway sys- this section.

(C) ELIGIBLE COSTS.-A grant awarded and their families, and to promote, expand,

tem. And, I believe that this is a re- and encourage public awareness and knowl-

under this section may be used by an eligible

sponsibility that is not being met by rural community to- edge regarding the needs and daily concerns

current Federal programs because our (1) purchase ambulances and other emer- of individuals suffering from multiple sclero-

smallest communities often find that gency medical equipment; and sis; and

Whereas members of the Multiple Sclerosis

available resources are depleted long (2) provide training to emergency medical Association of America and their families

before they reach our small rural areas personnel. are provided, free of charge, with a toll-free

like Santa Rosa. (d) AMOUNT OF GRANT.-The amount of a hotline, peer counseling, educational infor-

That is why I am today introducing

grant awarded under this section may not mation, treatment referrals, loans of thera-

exceed $20,000. peutic equipment, barrier-free housing facili-

this legislation to provide communities SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

with populations of 10,000 or less, and ties, a bimonthly newsletter, and, through

There are authorized to be appropriated to technology developed by the National Aero-

that are located at least 100 miles from the Department of Transportation $10,000,000 nautics and Space Administration, a protec-

the nearest urban center with a popu- to carry out this Act.* tive suit designed to cool the body tempera-

lation of 500,000, with grants to pur- ture of individuals suffering from multiple

chase ambulances and other emergency By Mr. LAUTENBERG: sclerosis in order to help restore

medical equipment, and to provide S.J. Res. 193. A joint resolution to demyelinated nerves: Now, therefore, be it

training to emergency medical person- designate May 1995 "Multiple Sclerosis Resolved by the Senate and House of Rep-

nel. Association of America Month"; to the resentatives of the United States of America in

Committee on the Judiciary. Congress assembled, That-

I am pleased to support our Nation's (1) May 1995 is designated "Multiple Scle-

rural communities in their mission to MULTIPLE SCLEROSIS ASSOCIATION OF AMERICA rosis Association of America Month"; and

provide quality medical care to travel- MONTH (2) the President is authorized and re-

ers from all States on our Federal * Mr. LAUTENBERG. Mr. President, I quested to issue a proclamation-

highways. introduce legislation that will des- (A) calling on the people of the United

It is my hope that we will be able to ignate May, 1995 as "Multiple Sclerosis States to observe May 1995 with appropriate

Association of America Month." The ceremonies and activities; and

move swiftly to pass this legislation, (B) urging appropriate Federal agencies,

and I urge my colleagues to support Multiple Sclerosis Association of and interested organizations, groups, and in-

this bill. America has worked diligently and now dividuals, whenever possible, to promote the

Mr. President, I ask unanimous con- is marking its 25th year of service to fact that the Multiple Sclerosis Association

sent that the text of the bill be printed multiple sclerosis sufferers. There are of America provides free services which are

in the RECORD. over 500,000 individuals in the United designed to assist individuals suffering from

States with MS or related neurological multiple sclerosis and their families and to

There being no objection, the bill was assist the Multiple Sclerosis Association of

ordered to be printed in the RECORD, as disorders and there is no cause, cure or America achieve its goal of providing a high-

follows: prevention for MS. The goals of the er standard of living for all Americans af-

S. 2141 Multiple Sclerosis Association of flicted with multiple sclerosis..

Be it enacted by the Senate and House of Rep- America are to enhance the quality of

resentatives of the United States of America in life for multiple sclerosis sufferers and By Mr. STEVENS (for himself,

Congress assembled, their families and to promote, expand Mr. KERRY, Mrs. BOXER, Mr.

SECTION 1. DEFINITIONS. and encourage public awareness and BRADLEY, Mr. BROWN, Mr.

As used in this Act: knowledge as to the needs and day-to- BRYAN, Mr. BUMPERS, Mr.

(1) COMMUNITY.-The term "community" day concerns of MS patients. BURNS, Mr. CHAFEE, Mr. COATS,

means an incorporated or unincorporated Multiple Sclerosis Association of Mr. COCHRAN, Mr. COHEN, Mr.

town or village (or equivalent municipal en- America members and their families CONRAD, Mr. DASCHLE, Mr.

tity) with a population of fewer than 10,000 are provided the following services free DOLE, Mr. DOMENICI, Mr. DOR-

individuals, as determined by the Bureau of

of charge: a toll-free hotline, peer GAN, Mr. EXON, Mrs. FEINSTEIN,

the Census in the census conducted by the

Bureau in 1990. counseling, patient educational infor- Mr. GLENN, Mr. GORTON, Mr.

(2) FEDERAL-AID HIGHWAYS.-The term mation and referral, loan of thera- GRAHAM, Mr. GRAMM, Mr. HAT-

"Federal-aid highways" has the meaning peutic equipment, barrier-free housing FIELD, Mr. HELMS, Mr. HOL-

provided the term in section 101 of title 23, facilities, bimonthly newsletter, and LINGS, Mr. JEFFORDS, Mr. JOHN-

United States Code. microclimate cooling through NASA STON, Mrs. KASSEBAUM, Mr.

(3) RURAL COMMUNITY.-The term "rural technology. KEMPTHORNE, Mr. KENNEDY, Mr.

community" means a community that is lo- I ask my colleagues to join me in des- KERREY, Mr. LAUTENBERG, Mr.

cated at a distance of at least 100 miles from ignation the month of May "Multiple Mr.

LOTT, Mr. LUGAR,

an urban center.

Sclerosis Association America Month." MATHEWS, Mr. MCCAIN, Mr.

(4) SECRETARY.-The term "Secretary"

means the Secretary of Transportation. This will be a great opportunity to sup- MCCONNELL, Mr. METZENBAUM,

(5) URBAN CENTER.-The term "urban cen- port our constituents who are con- MS. MIKULSKI, Mr. MITCHELL,

ter" means a municipality with a population cerned about health care and working Mr. MURKOWSKI, Mrs. MURRAY,

of 500,000 or more individuals, as determined hard to deal with the effects of this ill- Mr. PACKWOOD, Mr. PELL, Mr.

by the Bureau of the Census in the census ness. PRESSLER, Mr. REID, Mr. ROBB,

conducted by the Bureau in 1990. Mr. President, I ask unanimous con- Mr. ROCKEFELLER, Mr. ROTH,

SEC. 2. GRANTS TO RURAL COMMUNITIES FOR sent that the text of the joint resolu- Mr. SASSER, Mr. SIMPSON, Mr.

EMERGENCY MEDICAL SERVICES.

tion be printed in the RECORD. WALLOP, Mr. WARNER, Mr.

(a) IN GENERAL.-As soon as practicable There being no objection, the joint

after the date of enactment of this Act, the WELLSTONE, and Mr. WOFFORD):

Secretary shall establish a grant program to

resolution was ordered to be printed in S.J. Res. 194. A joint resolution to

provide grants to eligible rural communities the RECORD, as follows: designate the second week of August,

that provide services to Federal-aid high- S.J. RES. 193 1994, and the second week of August,

ways and that submit an application that is Whereas in 1995, the Multiple Sclerosis As- 1995, as "National U.S. Seafood Week";

approved by the Secretary. An application sociation of America will observe its 25th to the Committee on the Judiciary.

May 19, 1994 CONGRESSIONAL RECORD-SENATE 11223

NATIONAL U.S. SEAFOOD WEEK In a time when we need to decrease Whereas, domestic seafood is one of the na-

Mr. STEVENS. Mr. President, I in- the costs associated with health care, a tion's most valuable sustainable natural re-

troduce a joint resolution to designate healthy diet of seafood is both a pru- sources; and

the second week of August each year as Whereas, the United States could become a

dent and tasty way for individuals to much healthier nation simply by eating a

"National U.S. Seafood Week." contribute. better diet, including eating more domestic

Through this joint resolution we seek I am proud to work with and thank seafood: Now, therefore be it

to increase the awareness of American Senator KERRY for his work on this Resolved by the Senate and House of Rep-

consumers of the availability and supe- joint resolution, and the 55 of my col- resentatives of the United States of America in

rior quality of domestically produced leagues in the Senate who have agreed Congress assembled, That the second week of

seafood. to be original cosponsors of the bill. August, 1994, and the second week of August,

The joint resolution also recognizes I would also like to thank two bright 1995, be designated as "National U.S. Seafood

the importance of the commercial sea- Week." The President is authorized and re-

young Alaskans who helped in develop- quested to issue a proclamation calling upon

food industry-both the wild harvest- ing this joint resolution. the people of the United States to observe

ing sector and aquaculture producers- Kristi O'Hara of Naknek, AK, an in- the week with appropriate ceremonies and

in the United States. tern in my office earlier this year, first activities.

The U.S. seafood industry provides suggested the concept of a National * Mr. KERRY. Mr. President, today I

hundreds of thousands of jobs to fish U.S. Seafood Week to me; and would like to express my support of the

harvesters, growers, processors, man- Kristen Richmond of Anchorage, AK, joint resolution that Senator STEVENS

agers, biologists, ship builders and sup- who is part of my permanent staff, and I are introducing designating the

pliers, shippers, carriers, marketing helped draft the joint resolution and second week in August as "National

personnel, wholesale and retail sellers, worked to bring it to the attention of U.S. Seafood Week." This joint resolu-

grocers and others. my colleagues in the Senate. tion would recognize the role of the

Our domestic seafood industry pro- Their generation and future genera- United States commercial seafood in-

duces roughly 10 billion pounds of sea- tions will benefit the most if Ameri- dustry-including both those who fish

food each year. cans-particularly young Americans-

American consumers need to be more the open seas and aquaculture produc-

begin eating more seafood, and make ers-in supplying its valuable products

aware of the vast diversity, quality and seafood a lifelong habit.

availability of U.S. seafood. to American consumers. The seafood

Mr. President, I ask unanimous con- industry, a vital and historic compo-

Fresh seafood is commercially har- sent that the text of the joint resolu-

vested from the oceans of every region nent of the culture of the Common-

tion be printed in the RECORD. wealth of Massachusetts, nationwide

of the country. There being no objection, the joint

I would be remiss not to mention also provides hundreds of thousands of

resolution was ordered to be printed in jobs for fisherman, growers, processors,

that roughly 6 billion pounds of seafood the RECORD, as follows:

is harvested each year off Alaska managers, biologists, shipbuilders and

S.J. RES. 194 suppliers, shippers, carriers, marketing

alone.

Whereas, seafood is an important natural personnel, wholesale and retail sellers,

Despite the availability of so much

resource commercially harvested from the grocers, restaurateurs, and others.

domestic seafood, American consumers waters of every region of the United States;

eat only about 15 pounds annually. National U.S. Seafood Week would

Whereas, an increasing amount of seafood

Our counterparts in other industri- is also available through United States aqua- increase the awareness of the impor-

alized nations eat over 50 pounds of culture production; tant differences between domestic and

seafood each year. Whereas, the United States seafood indus- imported seafood products. Many

It is also unfortunate that a signifi- try provides hundreds of thousands of jobs American consumers are not fully

cant portion of the seafood Americans and includes fish harvesters, growers, proc- aware of the availability and superior

eat is imported. essors, managers, biologists, ship builders quality of the roughly 10 billion pounds

The United States is the largest ex- and suppliers, shippers, carriers, marketing of U.S. seafood products produced each

personnel, wholesale and retail sellers, gro-

porter of seafood in the world, but we year by the domestic seafood industry.

cers and others;

are also the second largest importer of Whereas, the buying and consumption of National U.S. Seafood Week will help

foreign seafood products. American seafood products boosts our na- to educate American consumers about

We are shipping our superior quality tional economy and supports the "Made in the availability and high quality of do-

U.S. seafood overseas, instead of eating the USA" theme; mestic seafood, and to encourage the

it ourselves. Whereas, seafood is one of the healthiest increased consumption of this valuable

The average American consumer is forms of protein, and is low in calories, fat and nutritious natural resource. The

unknowingly purchasing foreign sea- and cholesterol; awareness of the superiority of domes-

Whereas, seafood is being processed in in-

food when superior quality domestic tic products will help ensure that those

creasingly creative forms to provide a vast

seafood could be available. market and a great variety of products; involved in the harvesting, producing,

We hope this joint resolution will in- Whereas, each United States citizen con- processing and selling of U.S. seafood

crease awareness and encourage Ameri- sumes an average of 15 pounds of seafood an- products will receive fair compensation

cans to consume more of a sustainable nually, while citizens of some other industri- for their efforts, which in turn, will

and healthy natural resource which is alized fishing countries each consume over 50 help guarantee the sustainable harvest-

made in the U.S.A. pounds of seafood annually; ing and production of these precious re-

We hope that the fishing industry, Whereas, the United States harvests and sources.

consumer groups, the Departments of produces 10 billion pounds of seafood annu- I urge the speedy passage of the joint

ally;

Commerce and Agriculture, the Presi- Whereas, the United States is the largest resolution.®

dent, and every American will help us exporter of seafood in the world, but also the

to celebrate National U.S. Seafood second largest importer of seafood, and do-

By Mr. DECONCINI (for himself,

Week this year and in years to come. mestic seafood which could be consumed by Mr. GRASSLEY, Mr. KERRY, Mr.

We in the Congress and in the admin- United States citizens is being exported to MURKOWSKI, Mr. LIEBERMAN,

istration have recently spent consider- other countries; Mr. MITCHELL, Mr. REID, Mr.

able time working on a package to im- Whereas, the average American consumer WOFFORD, Mr. LAUTENBERG, Mr.

prove our health care system in the will unknowingly purchase foreign seafood JEFFORDS, Mr. WALLOP, Mr.

due to a lack of awareness about the avail- WARNER, Mr. MOYNIHAN, Mr.

United States. ability and superior quality of domestic sea-

Well, I would point out that the com- KENNEDY, Mr. SARBANES, Mr.

food;

mercial fishing industry has been mak- Whereas, competition in the world seafood HOLLINGS, Mr. HEFLIN, Mr.

ing a tremendous contribution to the market has increased, in part due to the sub- GLENN, Mr. FORD, Mr. CONRAD,

health of Americans by providing a sidization of foreign seafood industries, par- Mr. CAMPBELL, Mr. MACK, Mr.

truly healthy protein source. ticularly foreign aquaculture; KOHL, Mr. SMITH, Mr. COCHRAN,

11224 CONGRESSIONAL RECORD-SENATE May 19, 1994

Mr. BINGAMAN, Mr. DODD, Mr. riers which artificially divided Europe and furthering respect for the human rights

D'AMATO, Mr. LEVIN, MS. MI- for decades. We can be proud of our and fundamental freedoms of all individuals

and groups and provides an appropriate

KULSKI, Mr. JOHNSTON, Mr. record of strong support for the CSCE.

framework for the further development of

WELLSTONE, Mr. MATHEWS, Mrs. Today, Europe is attempting to liber- such rights and freedoms and genuine secu-

FEINSTEIN, Mr. NUNN, Mr. BRAD- ate itself from the legacy of the past, rity and cooperation among the participat-

LEY, Mr. FEINGOLD, Mr. GRA- though problems persist. Of particular ing States: Now, therefore, be it

HAM, Mr. DURENBERGER, Mr. concern is the continued war of aggres- Resolved by the Senate and House of Rep-

METZENBAUM, Mr. DOLE, Mr. sion and genocide waged against the resentatives of the United States of America in

THURMOND, Mr. PRESSLER, Mr. people of Bosnia-Herzegovia. In addi- Congress assembled,

SECTION 1. HELSINKI HUMAN RIGHTS DAY.

LOTT, Mr. HATCH, Mr. MCCAIN, tion, several of the newly independent

(a) DESIGNATION.-August 1, 1994, the 19th

Mr. SPECTER, Mr. BIDEN, and states of the former Soviet Union, as anniversary of the signing of the Final Act

Mr. DOMENICI): well as tensions in Russia's relations of the Conference on Security and Coopera-

S.J. Res. 195. A joint resolution to with a number of neighboring states, tion in Europe, is designated as "Helsinki

designate August 1, 1994, as "Helsinki are also cause for concern. The CSCE Human Rights Day".

Human Rights Day"; to the Committee can play an instrumental role in ad- (b) PROCLAMATION.-The President is au-

on the Judiciary. dressing these issues and others which thorized and requested to issue a proclama-

HELSINKI HUMAN RIGHTS DAY have serious consequences for the fu- tion reasserting America's commitment to

full implementation of the human rights and

* Mr. DECONCINI. Mr. President, as ture of Europe. It can also further con- humanitarian provisions of the Helsinki Ac-

Chairman of the Commission on Secu- tribute to the political and economic cords, urging all signatory States to abide by

rity and Cooperation in Europe, also transition taking place in much of their obligations under the Helsinki Accords,

known as the Helsinki Commission, I East-Central Europe and the former and encouraging the people of the United

am pleased to introduce today, to- Soviet Union States to join the President and Congress in

gether with several of my colleagues, a The resolution we introduce today observance of Helsinki Human Rights Day

joint resolution to authorize and re- reaffirms our commitment to the Hel- with appropriate programs, ceremonies, and

activities.

quest the President to designate Au- sinki Accords and the vital importance (c) HUMAN RIGHTS.-The President is re-

gust 1, 1994, as "Helsinki Human Rights of respect for human rights and fun- quested to convey to all signatories of the

Day." damental freedoms in advancing secu- Helsinki Accords that respect for human

On August 1, 1975, the leaders of 35 rity and cooperation in Europe. rights and fundamental freedoms continues

countries gathered in Helsinki to sign Mr. President, I urge my colleagues to be a vital element of further progress in

the Final Act of the Conference on Se- to support the adoption of this resolu- the ongoing Helsinki process; and to develop

curity and Cooperation in Europe tion and ask unanimous consent that new proposals to advance the human rights

[CSCE], also referred to as the Helsinki the text of the resolution be printed in objectives of the Helsinki process, and in so

doing to address the major problems that re-

Accords. This agreement launched a the RECORD. main.

dynamic process which has contributed There being no objection, the joint SEC. 2. TRANSMITTAL.

to the positive changes which have oc- resolution was ordered to be printed in The Secretary of State is directed to trans-

curred in Europe in recent years. The the RECORD, as follows: mit copies of this joint resolution to the Am-

Final Act, the seminal document of S.J. RES. 195 bassadors or representatives to the United

this process, covers major aspects of Whereas August 1, 1994, is the 19th anniver- States of the other 52 Helsinki signatory

East-West relations, including military sary of the signing of the Final Act of the States.*

security, trade, economic cooperation, Conference on Security and Cooperation in --- ---

environment, scientific and cultural Europe (CSCE) (hereafter referred to as the ADDITIONAL COSPONSORS

exchanges, as well as human rights and "Helsinki Accords");

Whereas the participating States have de- S. 373

fundamental freedoms.

Membership in CSCE has grown sig- clared their determination to fully respect At the request of Mr. DECONCINI, the

nificantly in light of sweeping political and apply the Helsinki Principles Guiding name of the Senator from Tennessee

Relations among participating States, in- [Mr. MATHEWS] was added as a cospon-

developments in Europe, including the cluding respect for human rights, the terri-

demise of the Soviet Union and the sor of S. 373, a bill to amend title 17,

torial integrity of states, and the inviolabil-

former Yugoslavia. Today, 53 countries United States Code, to modify certain

ity of frontiers;

are participants in the CSCE process- Whereas the participating States have de- recordation and registration require-

51 Eurasian states, Canada and the clared that "the protection and promotion of ments, to establish copyright arbitra-

United States. human rights and fundamental freedoms and tion royalty panels to replace the

Human rights remains the corner- the strengthening of democratic institutions Copyright Royalty Tribunal, and for

stone of the CSCE process. The partici- continue to be a vital basis for our com- other purposes.

prehensive security"; s. 1063

pating States have recognized that Whereas the participating States have de-

human rights and fundamental free- At the request of Mr. HATCH, the

clared that "respect for human rights and

doms are the birthright of all human fundamental freedoms, including the rights

name of the Senator from Kentucky

beings and that the protection and pro- of persons belonging to national minorities, [Mr. MCCONNELL] was added as a co-

motion of these rights is the first re- democracy, the rule of law, economic lib- sponsor of S. 1063, a bill to amend the

sponsibility of government. The CSCE erty, social justice, and environmental re- Employee Retirement Income Security

remains firmly committed to human sponsibility are our common aims"; Act of 1974 to clarify the treatment of

rights, democracy and the rule of law, Whereas the participating States have ac- a qualified football coaches plan.

knowledged that "there is still much work

and has encouraged peaceful change S. 1288

to be done in building democratic and plural-

through free and fair elections. At the request of Mr. AKAKA, the

istic societies, where diversity is fully pro-

Over the years, the CSCE has in- tected and respected in practice";

name of the Senator from Maine [Mr.

spired individuals and groups to speak Whereas the war in Bosnia-Hercegovina COHEN] was added as a cosponsor of S.

out on behalf of those denied their has resulted in organized, systematic, and 1288, a bill to provide for the coordina-

human rights. It has also served as a premeditated war crimes and genocide and tion and implementation of a national

useful forum in which individual has threatened stability and security in Eu- aquaculture policy for the private sec-

human rights cases could be raised. rope; tor by the Secretary of Agriculture, to

Hundreds of political prisoners have Whereas ethnic tensions, civil unrest, and establish an aquaculture commer-

egregious human rights abuses in several of cialization research program, and for

been released and thousands of families

the recently admitted CSCE States continue

reunited as a result of the pressure to result in significant violations of CSCE other purposes.

brought to bear within the framework commitments; and S. 1443

of the Helsinki process. It has also been Whereas the CSCE has contributed to posi- At the request of Mr. EXON, the name

successful in chipping away at the bar- tive developments in Europe by promoting of the Senator from Colorado [Mr.