SENATE-Wednesday_ November 3_ 1993 by yaohongm


									 November 3, 1993                                CONGRESSIONAL RECORD-SENATE                                                              27157
                                   SENATE-Wednesday, November 3, 1993
                                                  (Legislative day of Tuesday, November 2, 1993)

   The Senate met at 10 a.m., on the ex-              RESERVATION OF LEADER TIME                          And the voters are saying that the
 piration of the recess, and was called to            The ACTING PRESIDENT pro tem-                    Republican Party has the right can-
 order   by    the   Honorable    HARLAN            pore. Under the previous order, the                didates and the right ideas.
 MATHEWS, a Senator from the State of               leadership time is reserved.                          Virginia voters said that George
 Tennessee.                                           The majority leader is recognized.               Allen has the right ideas on how to
                                                                                                       help end the epidemic of violent crime.
                    PRAYER                                                                                New Jersey voters said that Christie
                                                                 SCHEDULE                              Todd Whitman-who will be the first
    The Chaplain, the Reverend Richard
 C. Halverson, D.D., offered the follow-             Mr. MITCHELL. Mr. President, pur-                 woman Governor in New Jersey his-
 ing prayer:                                       suant to a prior order, the Senate will             tory-has the right ideas on how to get
    Let us pray:                                   now proceed to 1 hour of debate equally             State government out of their pocket-
    Behold, how good and how pleasant it divided on a motion to invoke cloture                         books.
                                                                                                          And New York said that Rudy
 is for brethren to dwell together in or to terminate a filibuster with re-
                                                  spect to the nominations of five per-                Guiliani had the right ideas on how to
 unity!-Psalm 133:1.
                                                                                                       unite a very diverse city in confronting
    Eternal God, perfect in truth and sons, three Ambassadors to foreign
                                                                                                       difficult urban changes.
 righteousness and love, the psalmist countries, and two other State Depart-                              And between now and next Novem-
 implies there is power and blessing in ment officials.
                                                     At the conclusion of that hour, there-            ber's elections, Republicans in the
 unity-not uniformity, but unity in di-                                                                House and Senate-and Republicans
 versity. We are reminded that "E fore, approximately shortly after 11,                                across the Nation-will be working to-
                                                  there will be a vote on that cloture mo-
 Pluribus Unum" has significance for                                                                   gether to demonstrate to the American
                                                  tion. If cloture is invoked, then the
 America.                                                                                              people that we have the right ideas on
   As the target date for adjournment Senate will have 90 minutes further de-
                                                  bate on the nomination, followed by                  issues like health care, education,
 approaches, pressure builds, and the                                                                  criminal justice reform, and national
                                                  votes on each of the nominations.
 process of legislation becomes difficult.           At that point, or if cloture is not in-           security.
 We pray for our leadership at this stra- voked, following the cloture vote, then                        Along with congratulating yester-
 tegic hour. Thank You, God, for the it is my intention to move to proceed                             day's winners, I also want to thank
 majority leader, for his wisdom, his to the crime bill, and Senators should                           their Democrat opponents. Each de-
 fairness, his restraint, when at times expect in any event at least one vote                          voted their career to public service,
 he must feel frustration. Thank You today and most possibly six in all on                             and each has made a difference.
 for the minority leader, often in the the nominees if cloture is invoked, one                           Having won and lost elections, I can
 difficult role of the loyal opposition. on cloture if it is not invoked, and then                     say obviously it is a lot more fun win-
 Thank You for his leadership.                    the possibility of votes throughout the              ning, but I say to those who lost you
   We commend these two leaders, their day on the crime bill and a lengthy ses-                        have done a good job; we congratulate
 assistants, Senator FORD and Senator sion today as we attempt to make                                 you, too.
 SIMPSON, and their staffs to Your gra- progress on that important legislation.
 cious wisdom and guidance. Somehow,                 Mr. President, I yield the floor.
 help us realize that the infinite, omni-            The ACTING PRESIDENT pro tem-                               EXECUTIVE SESSION
 present God is always here, whether we pore. The Republican leader is recog-
are aware of it or not; and His unlim- nized.                                                                 EXECUTIVE CALENDAR
ited resources are always available.
   To the glory of God and for the sake                                                                 The ACTING PRESIDENT pro tem-
 of the Nation we pray. Amen.                         WHAT A DIFFERENCE A YEAR                        pore. Under the orders of October 28
                                                                   MAKES                              and November 1, the Senate will now
                                                     Mr. DOLE. Mr. President, 1 year ago              go into executive session to debate a
       APPOINTMENT OF ACTING                      this week, many in the media were pro-              cloture motion on the following nomi-
      PRESIDENT PRO TEMPORE                       claiming that the Republican Party                  nations: Executive Calendar Items 411,
                                                                                                      413, 414, 415, and 420, which the clerk
   The PRESIDING           OFFICER. The was dead or at least in intensive care.
                                                    This morning I rise to say "What a                will report.
clerk will please read a communication
to the Senate from the President pro difference a year makes."
tempore [Mr. BYRD].                                 In fact, now that the results of last                    DEPARTMENT OF STATE
   The legislative clerk read the follow- night are complete, I think we can offi-                      The legislative clerk read the nomi-
ing letter:                                      cially proclaim 1993 to be "the Year of
                                                  the Republican."                                    nations of Alan John Blinken, of New
                       U.S. SENATE.                 There have been six major elections               York to be Ambassador to Belgium;
               PRESIDENT PRO TEMPORE,                                                                 Tobi Trister Gati, of New York, to be
           Washington, DC, November 3, 1993.     in the past year-Senate seats in Geor-
                                                 gia and Texas; mayoral elections in                  an Assistant       Secretary of State;
To the Senate:
   Under the provisions of rule I, section 3, of Los Angeles and New York City. And                   Swanee Grace Hunt, of Colorado, to be
the Standing Rules of the Senate, I hereby gubernatorial races in Virginia and                        Ambassador to the Republic of Austria;
appoint the Honorable HARLANMATHEWS, New Jersey.
                                               a                                                      Thomas A. Loftus, of Wisconsin, to be
Senator from the State of Tennessee, to per-        All six of these seats had been held              Ambassador to Norway; Daniel L. Spie-
form the duties of the Chair.                    by Democrats.                                        gel, of Virginia, to be Representative of
                       ROBERT C. BYRD,              And all six are now held by Repub-                the United States of America to the
                       President pro tempore.    licans.                                              European Office of the United Nations
   Mr. MATHEWS thereupon assumed                    I have always said that if a party is             with the rank of Ambassador.
the chair as Acting President pro tem- winning elections, they must be doing                            The ACTING PRESIDENT pro tem-
pore.                                            something right.                                     pore. Under the order of November 1,

              S   This "buller" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
 27158                                   CONGRESSIONAL RECORD-SENATE                                             November 3, 1993
  1993, there will now be 1 hour of debate      Foreign Relations, Senator HELMS for            have a strong interest and on which we
  preceding the cloture vote. The time          his cooperation during the committee's          should be working closely with the
  will be equally divided, with Senator         consideration of these nominees. As I           Austrians.
  PELL, of Rhode Island, controlling 30         said at the outset, these nominees en-              Austria has a new President, Thomas
  minutes and Senator MCCONNELL, of             joyed the unanimous bipartisan sup-             Klestil-known to many of us here
  Kentucky, controlling 30 minutes.             port of our committee.                          when he was Ambassador-who is eager
     Who yields time?                              Mr. President, I would like to make a        to improve bilateral relations which
    The Senator from Rhode Island.              few remarks about the nominees and              had been somewhat strained during the
    Mr. PELL. Mr. President, I yield my-        the important positions for which they          Waldheim years. I believe that we
 self such time as necessary.                   have been nominated.                            should send a strong signal to Presi-
    The ACTING PRESIDENT pro tern-                 I believe that it is important for the       dent Klestil that we too, are ready to
 pore. The Senator from Rhode Island is         Senate to move swiftly to confirm Mr.          resume more normal relations. One im-
 recognized.                                   Loftus, Mr. Blinken, and Ms. Hunt who           portant way of doing that is to send
    Mr. PELL. Mr. President, on October        have been nominated to be our Ambas-             our U.S. Ambassador to Vienna quick-
 5, 1993, the Committee on Foreign Rela-       sadors to Norway, Belgium, and Aus-             ly.
 tions reported the following nomina-          tria, respectively. Each of these posts             I believe it is also important for the
 tions to the Senate: Alan Blinken to be       have been vacant for some time. Our             Senate to move rapidly to confirm Mr.
 Ambassador to Belgium, Swanee Grace           last Ambassador to Norway left post in          Daniel Spiegel to be U.S. Representa-
 Hunt to be Ambassador to Austria,             February, our Ambassador to Belgium             tive to the European Office of the Unit-
 Thomas Loftus to be Ambassador to             in January, and the Austria post has            ed Nations and Mrs. Toby Gati to be
 Norway, Daniel Spiegel to be U.S. Rep-        been vacant since March. Given the im-          Assistant Secretary of State for Intel-
 resentative to the European Office of         portance that we attach to our rela-            ligence and Research. Both of these po-
 the United Nations, and Tobi Gati to          tionship with each of these countries, I        sitions play important roles in U.S.
 be Assistant Secretary of State for In-       believe it unwise for us not to have had        foreign policy and both have been va-
 telligence and Research.                     representation at the ambassadorial              cant since spring.
    The Blinken, Hunt. Loftus. and Gati       level for such a long period of time.               In Geneva, strong leadership at the
 nominations were submitted to the                Norway and Belgium were both                 U.S. mission is essential for the effec-
 Senate by President Clinton on Sep-          NATO allies, and Brussels is the head-           tive implementation of U.S. policy ob-
 tember 7 and Mr. Spiegel's nomination        quarters not only of NATO, but of the            jectives in a number of critical areas.
 was submitted on September 14. Hear-         European Community. It is also the               For example, Geneva is the center of
 ings were held on the Blinken, Hunt,         current president of the European                the international humanitarian assist-
 and Loftus nominations on September                                                           ance effort in Bosnia. It is also the
                                              Community- Issues crucial to the fu-
 28, 1993, by the distinguished chairman                                                       home of the principal U.N. human
                                              ture of United States-European Com-
 of the Subcommittee on European Af-                                                           rights     organizations,   the    Human
                                              munity relations unresolved and hav-
 fairs, Senator BIDEN and on September        ing an Ambassador in Brussels would              Rights Center and the Human Rights
 29, 1993, the distinguished chairman of      help to advance United States inter-             Commission. Finally, Geneva plays an
 the Subcommittee on Terrorism, Nar-                                                           important role in efforts to reform the
 cotics and International Operations,             I would also note that there are some        United Nations through the so-called
 Senator KERRY, held hearings on the          issues in our bilateral relationship             Geneva Group, a principal forum for
 Gati and Spiegel nominations.                with Norway that warrant attention at            the discussion of U.N. reform among
    These nominees had the unanimous,         the ambassadorial level, including the           the organization's major donors.
                                                                                                  Mr. President, these issues are im-
bipartisan support of the Committee on        current dispute regarding Norway's de-
                                                                                               portant. The United States should be
 Foreign Relations on October 5, 1993        cision to resume commercial whaling
when their nominations were reported                                                           participating in their discussion with
                                              in defiance of a 1986 moratorium.               maximum impact. To that end, we need
to the Senate. Not being aware, Mr.              In addition, Norway played a critical
                                                                                               to send our Ambassador to Geneva
President, of any opposition to their        role in secretly brokering the draft
qualifications they had every expecta-       peace agreement between Israel and                  Turning to Mrs. Gati's nomination to
tion of an early consideration by the        the Palestine Liberation Organization.           be Assistant Secretary for Intelligence
Senate.                                      Norway gained the trust and con-                 and Research, the events of the past
    The 4-week delay in the Senate's con-    fidence of the PLO and Israel as an              several months have made clear the
sideration has certainly taken a per-        independent mediator largely because             critical role that intelligence informa-
sonal toll on the families of these          of its long-standing ties to Israel's            tion plays in U.S. foreign policy. Con-
nominees, as the distinguished major-        Labor Party, earlier meetings with               tinued delay in Mrs. Gati's confirma-
ity leader stated last week. Most im-        PLO leader Yasser Arafat, and its sta-           tion hobbles the Secretary and the De-
portant, however, is the need to have        tus as a founding member of NATO. I              partment in the effective development
these nominees assume the important          believe that as a sponsor of the Middle          and implementation of policy. For ex-
responsibilities for which they have         East peace process, it is in the United          ample, Mrs. Gati cannot participate in
been chosen by the President. Today          States' interest to send Mr. Loftus to           the Secretary's meetings with CIA Di-
the Senate will vote a cloture to pro-       Norway not only as a signal of our ap-         .rector Woolsey. She cannot participate
ceed to a consideration of these nomi-       preciation of Norway's efforts, but to           in meetings of National Intelligence
nations, and for that I thank the dis-       ensure that we are able to work with             Council in preparations of critical na-
tinguished majority leader for his lead-     Norway to make further progress on               tional intelligence estimates. She can-
ership.                                      Middle East issues.                              not testify before Congress on issues
   I thank Senator BIDEN and Senator             Austria is at the crossroads of Eu-          such as the situation in Haiti. This sit-
LUGAR, the chairman and ranking ma-          rope, and at a time when it is reevalu-          uation is bad for the Department and it
jority member of the Subcommittee on         ating its policy of neutrality and focus-       is bad for the country.
European Affairs and Senators KERRY          ing on reintegrating with the West, I               Mr. President, on behalf of the Com-
and PRESSLER, the chairman and rank-         believe that it is in our interest to           mittee on Foreign Relations I urge the
ing minority member of the Sub-              have Ms. Hunt at the helm in Vienna.             Senate to vote in favor of cloture and
committee on Terrorism, Narcotics and        Austria is playing a prominent role in          then proceed to give its advice and con-
International     Operations   for their     the economic development of Eastern             sent to each of these nominees.
prompt consideration of these nomi-          and Central Europe, while at the same               The ACTING PRESIDENT pro tem-
nees in committee. I also want to            time, coping with a substantial refugee         pore. Who yields time?
thank the distinguished ranking mi-          flow from the wars in the former Yugo-              Mr. MITCHELL. Will the Senator
nority member of the Committee on            slavia. These are issues in which we            yield me such time as I may use?
November 3, 1993                        CONGRESSIONAL RECORD-SENATE                                                            27159
     Mr. PELL. I yield to the majority         leave town because of the illness of his     act on a given subject, and the subject
  leader such time as he desires.              mother. And so on Thursday evening, I        before us today, in the judgment of this
     The ACTING PRESIDENT pro tem-             discussed the matter with the acting         Senator, is not the nominees but rath-
  pore. The majority leader is recog-          Republican leader, assistant Repub-          er an entirely different episode, largely
  nized.                                       lican leader, Senator SIMPSON, who was       ignored by the media, unfortunately.
     Mr. MITCHELL. Mr. President, I            then the acting Republican leader, and          On September 1 of this year, the
  wish at this time to make just a brief       decided that we would proceed to bring       Washington Post printed a startling
  comment regarding the scheduling of          the nominations up and file the cloture      item. Clinton administration officials
  this matter and the manner in which it       motion to terminate the anticipated         had requested the files of 160 political
 has been brought before the Senate.           filibuster but that I would schedule the    appointees who had worked at the
    As Senator PELL stated, these nomi-        debate and votes at a time when Sen-         State Department during the Bush ad-
 nees were approved unanimously by             ator MCCONNELL could be back to par-        ministration-160 political appointees
 the Foreign Relations Committee on            ticipate in them. And Senator SIMPSON       who had worked at the State Depart-
 October 5. We then began the normal           and I then agreed that the cloture mo-      ment during the Bush administration.
 process of attempting to what we call         tion would be filed on Thursday             Six months after 160 Bush employees
 clear or gain approval to bring them         evening but that the debate and vote         left office, Clinton White House person-
 before the Senate.                           on the cloture motions would not occur       nel officials pulled their files out of a
    We were advised by the Republican         until Tuesday afternoon, that being          storage facility out in Maryland.
 leader's staff that that approval would      yesterday afternoon. And that was               The story went on to discuss the con-
 not be forthcoming; that objection was       locked into the schedule.                    tents of the files of two appointees,
 made to the nominees, not on the basis          On Monday, the Senate was involved        Elizabeth Tamposi, and Jennifer Fitz-
 of the nominees' qualifications, but on      in a debate on the Ethics Committee          gerald.
 the basis of an entirely unrelated mat-      resolution, and Senator MCCONNELL, of           Mr. President, I ask unanimous con-
 ter which will, I know, be the subject       course, is the vice chairman of that         sent the Washington Post story be
 of some discussion here today.               committee and was involved in the de-        printed in the RECORD at this point.
    Thereafter, we repeated each day          bate. He and I discussed the matter on          There being no objection, the article
 over a period of 3 weeks our request for     Monday and, as a result of that discus-      was ordered to be printed in the
 clearance of these nominees. Each day,       sion, I agreed to put off the current        RECORD, as follows:
 that request was rejected.                   pending matter until after the Senate           [From the Washington Post, Sept. 1, 1093]
    In the meantime, I heard from the         completed action on the Ethics Com-               ELDERS ANDBISHOPS EXCHANGE     WORDS
 Secretary of State, who called me, and      mittee resolution.                               Clinton administration officials, going
 from several State Department offi-             Since that occurred late last evening.    through the files of Bush administration
 cials urging that the Senate proceed to     It was not advisable, in my judgment,         holdovers at the State Department, recently
 act on these nominees, and then from         to proceed directly to this then, and so     requested the personnel files of 160 political
 some of the nominees themselves.            we rescheduled it for this morning. And       appointees from the department's archives in
    As I stated last week when we dis-                                                     Maryland.
                                             that is the debate which is now occur-          Each appointee has two files: one a stand-
 cussed this matter briefly, these five      ring.                                         ard resume file; the other an "action" or
 people had no way of knowing there              Mr. President, I will have something      "working" file, which has information about
 would be objection to them. There was       further to say about the process in-          the official's activities, complaints or sup-
 no objection to their qualifications.       volved here in a moment, but I wanted         portive comments and the like.
 They were approved unanimously by           to explain that scheduling and to say           Guess whose working file was empty? That
 the committee. And most of them are         to Senator MCCONNELL, for whom I              of very controversial longtime Bush em-
 not familiar with the Senate's rules                                                      ployee Jennifer Fitzgerald, who was George
                                             have a very high regard, that I regret        Bush's executive assistant when he was vice
 under which their nominations can be        any inconvenience that may have               president and became deputy chief of proto-
held up because of a matter entirely         caused him as a result of that schedul-       col at the State Department when Bush be-
 unrelated to them.                          ing matter, but I wanted to explain           came president.
   I was advised that one had sold a         that I had made a commitment to the             Unlike those of virtually every other rank-
home, others had children waiting to         nominees to proceed last week and I          ing official, Fitzgerald's file was just an
enter school, and they were in some          did not intend in any way to inconven-       empty folder with her name on it.
personal stress over this.                                                                   All this left the Clintonites scratching
                                             ience him, knowing that he was nec-          their heads.
   Finally, after weeks of this, I made a    essarily absent on Thursday night and           Meanwhile, there was a more hefty file on
commitment to the nominees that I            Friday because of the illness of his         another famous Bush appointee, former New
would bring the nominations formally         mother.                                      Hampshire real estate agent Elizabeth
to the floor, with or without clearance,        Mr. MCCONNELL. I thank majority           Tamposi, who headed the consular section
before the end of last week: that is, be-    leader for his explanation.                  and led a late-night foray to the passport ar-
fore the Senate went out of session last        Mr. MITCHELL. Mr. President, I            chives in search of dirt on then-candidate
week, I would bring them formally to         yield the floor.                             Bill Clinton and his mother, Virginia Kelley.
the floor and take whatever steps were                                                    The searches turned up nothing but trouble
                                                The ACTING PRESIDENT pro tem-             for Bush, hurting him at the end of his re-
necessary to at least require the Sen-       pore. The Senator from Kentucky.             election campaign.
ate to vote on the matter.                      Mr. McCONNELL. Mr. President, I              Sources say Tamposl's file recorded con-
   I communicated that directly to the       yield myself whatever time I may need.       cerns from very senior State Department
Republican leader early last week and           Let me first assure my colleagues I       types that she was not ready for an assistant
my staff communicated that to the Re-        did not spend the night on the floor         secretaryship. Fortunately for Clinton, no
publican leader's staff, and it was re-      last night. I am not all that happy to       one listened.
peated on several times over several         be back over here this morning, but it          Mr. McCONNELL. Two questions,
days. On Thursday, it became clear          is a very important issue that we have        Mr. President, immediately occurred
that would be the last day of the ses-      here before us. And it is not about the       to me when I read the story the first
sion last week. It appeared that way on     nominees. In fact, I know one of the          time. The first question was, Why
Thursday evening. And I told the Re-        nominees, Tobi Gati. I worked with her        would the Clinton administration need
publican leader that I was going to pro-    some on several different issues over         to look at files of former employees,
ceed to it.                                 the past few years. They, frankly, are        particularly political appointees? The
   Tragically and unexpectedly, Senator     not the issue.                                second question was, Was it legal to
MCCONNELL, who opposes these nomi-              The reason we are here is because we      disclose the contents of Elizabeth
nations and who will shortly make a         do not have many levers available to          Tamposi's and Jennifer Fitzgerald's
statement of his opposition, had to         try to encourage any administration to        personnel files? So I asked the State
 27160                                   C
                                         :ONGRESSIONAL              RECORD-SENA' TE                                 November 3, 1993
  Department if they had any expla-               The press has not been alone in its            if I catch anyone using the State Depart-
  nation. And they offered none.               indifference to the rights of 160 Amer-           ment like that when I'm President, I'll fire
     Then I wrote the Attorney General         ican citizens. Just think back last               them the next day.
  and asked her to take a look at the          year. Bush administration officials                  "I'll fire them the next day," Gov-
  case. She still has not replied to my        were publicly and repeatedly attacked             ernor Clinton said. Mr. President, it
  letter from 8 weeks ago.                     by Members of Congress, charging                  has been 8 weeks since someone in your
     There must be some problem with           them with criminal conduct because of             administration was caught abusing his
  the mail system over there. Fortu-           their action on a Freedom of Informa-             position, and we are waiting for the
  nately, the story struck a chord with        tion Act request for candidate Clin-              pink slip. We thought they were going
  the press, at least a small chord, and       ton's passport file.                              to be fired the next day. It has been 8
  some reporters asked the State Depart-          Members of Congress screamed "con-            weeks. Where is the pink slip, Mr.
 ment a few questions. Although the            spiracy." They shouted "McCarthy-                President?
 State Department was not interested           ism." They called for GAO investiga-                 We know that a Clinton official by
 in answering my questions, the press          tions. They demanded special prosecu-            the name of Joseph Tarver runs the
                                                                                                White House personnel office at the
 was able to prompt at least some re-          tors. In just a few short weeks, five
 sponse. The State Department spokes-          senior Bush administration officials             State Department. This office is re-
 men confirmed that the White House                                                             sponsible for screening and placing of
                                               were accused, indicted, and convicted
 personnel office was responsible for the                                                       political appointees. We know, Mr.
                                               on the Senate floor, on the morning
 search, but went on to say it was an ac-      talk shows, and in the Washington                President, that Mr. Tarver is no
 cident-an accident. They ordered the          Post.                                            stranger to campaigns and politics. In
 files by accident-160 of them, by acci-         Let me remind my colleagues of                 fact, he was a key aide to the Clinton
 dent.                                         some of the remarks they made at that            campaign top money man Bob Farmer.
    The White House intended to order          time last year. Our colleague from New           We also know that 160 people served
 some Domino's pizza but by accident           Jersey, Senator BRADLEY, held a press            President Bush as political appointees
 they ordered 160 personnel files. And,        conference where he characterized the            at the State Department. We know
 although it was an accident, they de-         events as "disturbing" and "serious,"            that every one of them had their file
 cided to refer the matter to the inspec-     and demanded that President Bush                  pulled. Those appointees range from
 tor general so they could not say any-       issue a statement answering questions             clerks to special assistants up to as-
 thing more about it.                         regarding why Mr. Clinton's privacy               sistant secretaries.
    At the time I thought it was interest-                                                          Mr. President, we know that Tarver's
                                              rights had been violated.
 ing that the State Department would             Senator KERRY asked the GAO to                 office pulled 160 files out of storage,
 not answer any questions on why, how,        look into the incident, fearing that the          read them, and at least two individuals
 when, or what the purpose of the                                                               discovered the sensitive contents of
                                              State Department would not or could
 search was. Yet they claimed with            not conduct an adequate investigation             their files discussed in the Washington
 total confidence that the search was         of its internal operations.                       Post.
 simply inadvertent. It was just an acci-        Congressman CLAY, the chairman of                  Finally, we know that Mr. Tarver
                                                                                                continues to work in the White House
 dent, the State Department said, that        the House Committee on Post Office
 160 confidential files were requested,                                                         personnel office and continues to have
                                              and Civil Service, asked the Office of
                                                                                               access to sensitive personnel records.
retained, reviewed and at least some          Special Counsel to investigate poten-
                                              tial Hatch Act violations.                       Yet, the President, President Clinton,
released to the press-just an accident.
    The press, astonishingly enough,             Congressman BERMAN, who chairs the            is strangely quiet. No one was fired the
seemed to be satisfied with the expla-        House Subcommittee on State Depart-              next day. As far as we know, no one
nation and dropped the issue. The             ment Operations, also demanded a GAO             was even suspended or got demoted or
State Department was happy to avoid           investigation saying:                            lost White House mess privileges. The
any public embarrassment or any pub-                                                           President apparently just looked the
                                                This incident has taught us that individual
lic pressure to explain what really hap-      Americans have little protection from the        other way.
pened.                                        prying ears and eyes of snooping bureau-             I think the public and the 160 victims
    Mr. President, I am not satisfied with    crats.                                           of this outrage deserve an explanation.
the official explanation, nor should             Well said, Congressman BERMAN.                I think they deserve some answers to
this body be satisfied with the official      There are 160 former State Department            some very basic questions:
                                                                                                   First, what possible purpose was
explanation; 160 public servants had          officials who would certainly agree
                                                                                               served or intended by retrieving per-
their files searched 6 months after they      with you.
                                                                                               sonnel documents of individuals who
left the State Department. These files           The Congressman went on to say
                                                                                               are no longer employed by the State
included confidential and rather per-         that:
sonal information. The files were re-           The White House could have and should              Second, was the Privacy Act or any
trieved and reviewed by White House          have stopped the search. High Government          other law violated when the files were
personnel officials and the contents of      officials have an obligation to end improper
                                             conduct if they learn of it.                     leaked to the Washington Post? Were
at least two of those files, to my
                                                                                              these or any other files provided to any
knowledge, were leaked to the press-a           Wise words from Congressman BER-
                                                                                              other person or organization?
clear violation of the Privacy Act.          MAN. I could not agree more.                         Did the White House direct the activ-
   I was discussing this case one day           Mr. President, these sentiments were          ity?
with a reporter and I contrasted the         echoed by then President-elect Clinton.              Which White House officials were no-
media's indifference in this case to the     When asked what he would do if an of-            tified of this activity and when?
feeding frenzy over the search for           ficial was caught misusing his position              Did anyone take any steps to prevent
President Clinton's passport file last       for partisan politics, Governor Clinton          this from happening?
year. The reporter I was speaking with       said:                                                Were other agencies directed to re-
was brutally frank. The reporter said           You will not have to have an inquiry or       trieve personnel records?
essentially this: It was not news-           rigamarole or anything else because it's too         Mr. President, on September 1, I
worthy, he said. The privacy of a Presi-     important to me that the rest of the world       wrote to the Secretary of State, War-
dential candidate was not at stake. The      see us as having a coherent and, as much as      ren Christopher, asking him many of
search was not linked to a top adminis-      possible, nonpolitical foreign policy.
                                                                                              these questions. He chose not to re-
tration official, it was just the privacy       Governor Clinton went on to say:              spond to the letter and instead asked
of an ordinary citizen.                         Let me just say this-                         his staffer, Wendy Sherman, to let me
   "Just the privacy of an ordinary citi-       This really sums it up, Mr. Presi-            know that the buck had been conven-
zen." "We are not interested."               dent--                                           iently passed to the Inspector General.
November 3, 1993                         CONGRESSIONAL RECORD-SENATE                                                           27161
    Subsequently, the Republican leader        Department and President Clinton ob-           the point these are not just ordinary,
 and I wrote the Secretary. We did it to-      viously hope the whole thing will just         run-of-the-mill citizens here who are
 gether. I decided if they were not pay-       go away.                                       being      temporarily     inconvenienced,
 ing attention to me, maybe I would ask             With all of this indifference, I felt     temporarily inconvenienced in order to
 the Republican leader to help out here.       obliged to take some action to get the         get the attention to the State Depart-
 So the Republican leader and I wrote          Secretary of State's attention. So for         ment on the rights of 160 regular folks
 the Secretary again asking for answers        the past 3 weeks, I have held up five          which are being ignored or may have
 to several questions. Again, the Sec-         State Department political nominees,           been abused. Apparently their status
 retary chose not to respond. Again, Ms.       and this is something I do not do very         concerned a number of people who
 Sherman wrote to the leader and me            often. I am not one of those people who        called me. One Senator actually plead-
 advising us that the buck had been            enjoys this sort of thing or who does it       ed how inconvenient it was for the Am-
 passed to the IG. However, she did con-       routinely. I held them up until I could       bassador-designate to be living in a
 firm that those involved in the scandal       get some satisfactory answers about           hotel-the Ritz-Carlton no less.
 continue to work in the White House at        the White House and the State Depart-              I apologize for the inconvenience, but
 the liaison office at the State Depart-       ment's treatment of these 160 employ-         I think some other principles are at
 ment as if nothing had happened.              ees.                                          stake. The privacy and the rights of 160
    This laissez-faire attitude contrasts          I viewed this as a question of incon-     people are at least as important as the
 sharply with how the employees who            venience for five very well-connected         inconvenience of slow room service.
 were accused of wrongdoing last year          political appointees, on the one hand,              So that we all know how serious the
 were treated. Last year, several Free-        versus the rights of 160 average politi-      situation is, I would like to share some
 dom of Information Act requests were          cal appointees on the other. Remark-          of what I have learned over the past
 filed by the five different news organi-      ably, having taken this action, I re-         few weeks with my colleagues. In con-
 zations requesting information from           ceived a phone call from the Secretary        versations with officials inside the
 candidate Clinton's State Department          of State expressing his interest in the       State Department, in the administra-
 files. This year, 2 months later, no one      matter. I have also had several calls         tion, GAO and elsewhere, I have
 can or will explain the reason for pull-      from the Congressional Relations Of-          learned that part of the reason there is
                                               fice, the State Department legal ad-          a delay is that there are serious com-
 ing the files out of storage.
    Last year, the IG had a completed re-      viser and others in the Department            plications associated with possible
 port in just 30 days-just 30 days. This       who have attempted to persuade me             criminal charges in the matter.
                                                                                                  I have learned that highly sensitive
 year, 8 weeks later, we still have no an-     that they are now taking this matter
                                                                                             information, including material assem-
 swers.                                        very seriously. Indeed, they say, they
                                                                                             bled in security background investiga-
    Last year, 4 days after referring the      could not be more serious about it.
                                                  But prior to that for 6 weeks, I did       tions, was in many of those files which
 matter to the inspector general, Acting
                                                                                             were apparently encroached upon.
 Secretary of State Eagleburger met           not hear a thing-I did not hear a                  I have learned that the line of inves-
 with the Foreign Relations Committee          thing. Until I put a hold on a few nomi-      tigation includes the White House.
 to review the case. This year, the Sec-      nees, the State Department ignored the             I have also learned that a briefing on
 retary has refused to answer any ques-       interests and rights of 160 American           this matter was scheduled by the IG for
 tions and has had his staff respond to       citizens. Then all of a sudden, the De-        the chairman of a House committee,
 the letter sent by the Republican lead-      partment became intensely interested           but was abruptly canceled.
 er and myself.                               in these hapless victims.                          Mr. President, this is beginning to
    Last year, Secretary Eagleburger of-          I think this is largely due to how         smell a little bit like a coverup. I be-
 fered to resign. This year, the Sec-         well-connected these nominees are.             lieve the inspector general should truly
retary has dodged the issue.                  Like my colleagues, I have heard from          be independent of the building and the
   Last year, the press carried daily sto-    CEO's of major corporations, law part-         bureaucracy that he is investigating. It
ries with colorful quotes from a host of      ners, former campaign officials, and           was precisely because I feared political
sources charging five people with "not        many Members of Congress all appeal-           intervention that I urged the Attorney
telling the truth," of engaging in im-        ing for mercy. As a matter of fact, I          General to conduct an independent
proper politically motivated activities,      heard from people even in my own               probe, and that is the same Attorney
and bringing shame on the Depart-             State that I have not seen in years. I         General who had not answered the let-
ment.                                         would say that the five people before us       ter I sent her 8 weeks ago. But I heard
   This year, the rights of 160 ordinary      have lots of friends-lots of them.            nothing back. And now I am being told
American citizens just are not news-             When I made the decision to hold           that the IG cannot come and answer
worthy.                                       these folks up, I knew they were politi-      any questions from Congress until he
   Last year, a Republican Attorney           cal, but I had no idea how political.         briefs the Secretary of State, which
General appointed        an independent       And I personally do not have any prob-        brings us back to where we were 8
counsel     to   investigate allegations      lem with that. I am not somebody who          weeks ago.
about fellow Republicans. I repeat:           thinks politics should be a disqualifier          I believe the Secretary could, the
Last year, a Republican Attorney Gen-         to be an Ambassador.                          Secretary can and should answer the
eral appointed an independent counsel            I think many of my colleagues might        questions the Republican leader and I
to investigate allegations about fellow       be interested in the extensive cam-           have asked. As we said in our letter,
Republicans. This year, the Attorney          paign contributions which these politi-       the questions go to the heart of the
General will not answer her mail.             cal nominees have made. It might even         Secretary's administration of the De-
   Last year, my colleagues were de-          change a few minds about campaign fi-         partment of State.
manding justice. This year they are           nance reform. Simply put, these are               Mr. President, this situation could
strangely silent. This year, 8 weeks         people with serious clout, not only in         reflect-could reflect-the misconduct
after this scandal came to light, we          the fundraising world but in the world        of a single former campaign worker or
still have no answers, no action, and no     in general. One nominee has written 35         represent evidence of far-reaching, po-
apologies.                                   checks for substantial sums, the small-        litically motivated, illegal activity.
   Mr. President, there is a double          est of which was $1,000, the largest of        Given the strong views held by my col-
standard at work here which has              which was a quarter of a million dol-          leagues a year ago about the privacy
worked against the interests and rights      lars, to the Democratic National Com-          act and the right of citizens, I would
of 160 American citizens. The press is       mittee victory fund.                           hope they would be led to support the
not interested because they are just av-        I do not have any problem. I am not         course I have had to take.
erage citizens, not Presidential can-        criticizing them for supporting the               I have no doubt, Mr. President, if this
didates, not movie stars, and the State      candidate of their choice. I am making         were a Republican administration, this
 27162                                   CONGRESSIONAL RECORD-SENATE                                                    November 3, 1993
  would be a huge issue. But to these 160            In her reply the very next day, Sep-          of the Inspector General and his investiga-
  regular citizens, not Presidential can-         tember 10, Assistant Secretary Wendy             tions, we are unable to inform you when this
  didates and not movie stars, it is a big       Sherman stated that the first three is-          investigation will be completed. At the ap-
                                                                                                  propriate time, we understand that the In-
  deal. The privacy act was not just writ-       sues raised by the Senators "are now             spector General would be prepared fully to
  ten for prominent people. It was writ-         the subject of the Inspector General's           brief you and other interested members of
  ten for all of us.                             ongoing investigation."                          Congress on his findings and conclusions. I
     Mr. President, I wish to repeat, I              With regard to the fourth question,          assure you that, If wrongdoing is discovered,
  take no pleasure in inconveniencing            she stated that the individual was still         appropriate action will be taken.
  these five very important people. I            in the employ of the Department.                    We would be pleased to meet with you to
  have high hopes that this will not frac-           Finally, she noted that the Depart-          discuss this matter further, though we will
  ture their lives, that they will some-        ment would withhold taking any fur-               know no more until the Inspector General
                                                                                                  has completed his investigation. In addition,
  how be able to deal with this momen-           ther action pending the outcome of the           we look forward to our continuing dialogue
  tary inconvenience, but it is the rights      IG's investigation.                               on the many Important matters of mutual
  of the 160 that we are talking about              Mr. President, I appreciate the ques-         Interest before the Senate Foreign Relations
  here, many of whom are not that well          tions that my colleague from Kentucky             Committee and the Congress.
  connected, most of whom are certainly         raised in his letter of September 9.                    Sincerely,
  not famous. I expect none of them are         They need to be answered. I agree with                           CLIFTON R. WHARTON, Jr.,
  famous.                                       him. I expect that they are being exam-                                         Acting Secretary.
    It is my hope that we can avoid clo-        ined, I trust that they are being exam-               Mr. PELL. I would like to read two
  ture as a further message to the State        ined, by the State Department's in-                paragraphs from it:
 Department that we need to move for-           spector general in the context of his                 As we understand the facts to date, the
 ward on this, not sweep it under the           overall investigation into the incident                  in
                                                                                                   files question were those in the Depart-
                                                                                                   ment's White House Liaison Office which had
 rug, get the IG report out and let us see      in question.
                                                                                                   been retrieved from storage by staff mem-
 what really happened.                              I believe the Department deserves              bers of that office. Within approximately 24
    Mr. President, if I have any time, I        credit for its rapid response to the situ-         hours of the appearance of the story in the
 retain the remainder of it.                   ation, not condemnation. The issue was              newspaper, the Assistant Secretary for Ad-
    The ACTING PRESIDENT pro tem-               turned over to the inspector general for           ministration, who is the responsible official
 pore. Who yields time?                        investigation the very day after it was            for records management in the Department,
    Mr. PELL addressed the Chair.              disclosed in the press. And since then,            referred the matter to the inspector general.
    The ACTING PRESIDENT pro tem-              Department officials have refrained                This referral was made in order to ensure
 pore. The Senator from Rhode Island.          from becoming involved in trying to                that a thorough, objective, and professional
    Mr. PELL. It is time to look at this                                                          review of the matter would be undertaken.
                                               influence the investigation. That is as                Pending the results of the Investigation, it
 situation objectively in light of certain     it should be. To do otherwise would                would be inappropriate to draw conclusions
 facts. Whether a glass of water is half       taint the IG's investigation and lead to           whether the staff of the White House Liaison
 full or half empty depends on the way         charges of political pressure. The IG's            Office, or other individuals, were involved in
 you look at it. They say beauty is in         report is expected soon. We should                 wrongdoing. Any further action must await
 the eye of the beholder. The same I           await its outcome before making judg-              the outcome of the inspector general's inves-
 think is true in the discussion of these      ments and proceed to consideration of              tigation. Due to the independent nature of
 events.                                       the President's nominees.                          the inspector general and his investigations,
   Let me recount briefly for my col-                                                             we are unable to inform you when this inves-
                                                   I have before me a letter dated No-            tigation will be completed. At the appro-
 leagues' information the record of            vember 2 from Acting Secretary Clif-               priate time, we understand that the inspec-
 events that have brought us to this           ton R. Wharton, Jr., addressed to me,              tor general would be prepared fully to brief
 point. It was on September 1 that Al         and I ask unanimous consent the letter             you and other Interested Members of the
 Kamen from the Washington Post re-           be printed in the RECORD.                           Congress on his findings and conclusions. I
 ported that members of the Clinton                There being no objection, the letter          assure you that, if wrongdoing is discovered,
 White House liaison office at the De-        was ordered to be printed in the                   appropriate action will be taken.
 partment of State requested that files       RECORD, as follows:                                    This letter is addressed to me, and it
 from the Bush administration's liaison                       THE SECRETARY OF STATE,            is signed by Clifton R. Wharton, Jr.,
 office at State be retrieved from the                         Washington, November 2, 1993.     Acting Secretary of State.
 Department's storage facility in Hy-         Hon. CLAIBORNE    PELL,                                I yield the floor.
 attsville. He reported further that          U.S. Senate,                                           Mr. BROWN addressed the Chair.
 some files on individuals had been re-        Washington, DC.                                       The ACTING PRESIDENT pro tem-
 viewed and their contents disclosed.             DEAR SENATOR PELL: I am writing to pro-        pore. Who yields time?
   On September 2, the day after this         vide information about the actions the De-
                                              partment has taken regarding the White                 Mr. PELL. Mr. President, I yield 1
story was run, the State Department           House liaison file matter. The Department          minute to the Senator from Colorado.
turned over the issue to Inspector Gen-       has taken prompt action to deal with this              The ACTING PRESIDENT pro tem-
eral Sherman Funk for investigation.          issue.                                             pore. The Senator from Colorado [Mr.
   On September 9, the Republican lead-           As we understand the facts to date, the        BROWN] is recognized.
er and Senator MCCONNELL sent a let-          files in question were those of the Depart-            Mr. BROWN. Thank you, Mr. Presi-
ter to Secretary Christopher asking          ment's White House Liaison Office which has         dent. I, too, thank the distinguished
that the following questions be an-          been retrieved from storage by staff mem-           chairman.
swered with respect to these files.           bers of that office. Within approximately 24          Mr. President, I find myself some-
   First, was the search suggested, re-      hours of the appearance of the story in the
                                             newspaper, the Assistant Secretary for Ad-          what torn this morning. There were
quested, or authorized by officials at       ministration, who is the responsible official       very thoughtful comments I think of
the State Department acting alone or         for records management in the Department,           the Senator from Kentucky, which I
at the direction of the White House,         referred the matter to the Inspector General.       find myself in strong agreement with.
Democratic Party, or any other entity?       This referral was made in order to ensure              I have a series of areas that I feel
   Second, what was the intended use of      that a thorough, objective and professional         very strongly about that I think the
these documents?                             review of the matter would be undertaken.           administration has not been responsive
   Third, other than reporters at the             Pending the results of the investigation, it   on. There is not time this morning to
Washington Post, who received infor-         would be inappropriate to draw conclusions
                                             whether the staff of the White House Liaison        go into those as I would like.
mation from these files?                     Office, or other individuals, were involved in         But I am torn because I am also fa-
   Fourth, is the individual involved        wrongdoing. Any further action must await           miliar with one of the ambassadorial
still working at the Department of           the outcome of the Inspector General's in-          appointments, not just through the
State?                                       vestigation. Due to the independent nature          interview process, but for a number of
November 3, 1993                        CONGRESSIONAL RECORD-SENATE                                                    27163
 years I have personal knowledge of           counsel to investigate a comparable the issue before us. The question is
  Swanee Hunt, who is the Ambassador          situation. But as he well knows, the whether this is going to be properly
 nominee for Austria. She will be an          Republican Members of this Senate pursued by those who have the author-
 outstanding Ambassador, and an out-          filibustered to death the independent ity to do it under the laws that exist
 standing representative for this coun-       counsel law. In fact, that Republican today.
 try.                                         Attorney General acted on the last day       Mr. MITCHELL. Mr. President, if the
    I am torn because the motion that we      of which the independent counsel law Senator does not think the independ-
 will vote on is cloture on all of the        existed.                                  ent counsel is the thing to do, why did
 nominees, not simply Swanee Hunt.               We tried to get it extended, and the he raise it in the debate? Why did he
    I intend to vote cloture because I am     Republican Senators filibustered it to point out that a previous Attorney
 committed to and I believe Swanee            death.                                    General    appointed an      independent
 Hunt will be an outstanding Ambas-              The reason that the Attorney Gen- counsel and contrast the last counsel
 sador.                                       eral now cannot appoint an independ- with this Attorney General?
    But I must make it clear that the         ent counsel on this or any other case is     Mr. McCONNELL. I cited how serious
 points that have been made this morn-        that she has no legal authority to do it was treated. This is not being treat-
 ing with regard to nonresponsiveness         so. And the reason she has no legal au- ed as a serious problem, I say to my
 are important, and I believe deserve to      thority to do so is that the Republican friend. That is the issue.
 be addressed.                                Members of the Senate filibustered the       Mr. MITCHELL. I want to say, Mr.
   The ACTING PRESIDENT pro tem-              bill.                                     President, finally, what is acknowl-
 pore. The majority leader.                      Mr. McCONNELL. Will the majority edged here is that this problem to
   Mr. McCONNELL. Mr. President, if I         leader yield on that point?               which the Senator refers has nothing
                                                 Mr. MITCHELL. Certainly.
 could just respond to my friend from
                                                 Mr. McCONNELL. Is it not possible whatsoever to do with these nominees,
 Colorado, how much time do I have
                                              even without the independent counsel nothing.
 left?                                                                                     These are five well-qualified people.
                                              statute, which did expire, for the At-
   The ACTING PRESIDENT pro tem-              torney General to answer a letter to a All of them were approved unani-
 pore. The Senator from Kentucky has 6
                                              Senator, or maybe appoint a special mously by the Foreign Relations Com-
 minutes and 40 seconds.
                                              prosecutor? I think that is still pos- mittee. And only in an institution with
   Mr. McCONNELL. Mr. President, I                                                      the rules of the U.S. Senate could those
                                              sible under the current law.
 just say to my friend from Colorado             Mr. MITCHELL.       Obviously, that five people be held hostage on a com-
 that I am sorry that his constituent         should be answered. I have no comment pletely unrelated matter, and the
 would be personally inconvenienced by        on that. But a special prosecutor ev- mechanism of holding hostage is a fili-
 this, that he feels the need to support      eryone should understand is nothing buster.
 cloture. But it is my hope that this         more than another employee of the At-        Mr. President, from 1919, when the
 temporary inconvenience will not last        torney General; is not an independent rules of this Senate regarding filibus-
 very long. I do not know Ms. Hunt. I         person, despite the title. Any special ters were changed, for more than a half
 know many Senators do. I certainly do       prosecutor has no independent author- century, into the 1970's, there were
 not have any objection to her qualifica-    ity, is not even as independent as the fewer than one filibuster a year in the
 tions. I hope he knows that.                inspector general, and has no independ- Senate on average. Frequently there
   The ACTING PRESIDENT pro tem-             ent authority; and, all authority is de- were whole Congresses, a 2-year period
 pore. Who yields time?                      rivative from the Attorney General and in which a single filibuster did not
   Mr. MITCHELL. Mr. President, I            can only report to the Attorney Gen- occur. The filibuster was reserved by a
yield such time as I may use.                eral.                                      restraint of Senators, by common con-
   Mr. PELL. Mr. President, I yield the          Mr. McCONNELL. That would be fine sent to matters of grave national im-
majority leader as much time as he           with this Senator. Would the majority portance.
needs.                                       leader join me in supporting that?           Now we see that a filibuster is used
   Mr. MITCHELL. Mr. President, I               Mr. MITCHELL. I do not know if the almost every day on almost everything
would like to speak briefly in response      clause exists here. But my point is it is that comes before the Senate. Right
to some of the points made by the Sen-       a meaningless act.                        now in this Senate there are six dif-
ator from Kentucky.                             I am a former prosecutor. I can say ferent filibusters going on at one time.
   First, it should be noted that this       to my colleagues it sounds good to ap- And in the last Congress, the 102d Con-
matter first became public on Septem-        point a special prosecutor but it is gress, there had been filed 48 motions
ber 1. Within 24 hours, the Secretary of     meaningless. It is like taking one of to end filibusters.
State had referred the matter to the         your employees and saying, I now des-        Here we have a filibuster, five of
inspector general. The inspector gen-        ignate you by this title, you have no them, on five nominees-who are, ev-
eral is and should be an independent         different authority than you have in erybody admits and agrees, qualified-
person. That is the reason why inspec-       the current position, but you have this because of some completely unrelated
tor generals exist, why they were cre-       fancy title.                              matter.
ated by the Congress-within 24 hours.           What we should do, and will have a        I say that is obstructionism for six
   A week later, the Senator and the         chance to test this year, is pass an filibusters going at one time in the
Republican leader sent a letter to the       independent counsel law. I ask my col- Senate. Is it any wonder that the
Secretary of State with these ques-          league, when I bring up the independ- American people question what we are
tions. It is obvious if they want an in-     ent counsel law that will create the au- doing? Yet over and over again our col-
vestigation to be conducted the inspec-      thority to do what he wants, will he leagues resort to the filibuster on the
tor general is the person to conduct it,     support that?                             most trivial of matters.
and the investigation is under way.             Mr. McCONNELL. I say to the leader       I just hope my colleagues will join in
   But a week later they sent a letter      I have a lot more confidence in the pro- defeating this filibuster and saying let
down, and of course publicize it now in     fessions down in the Justice Depart- us get on with the business, and let us
a way that is obvious that what is          ment than he does. I do not assume not just do this every time we have a
going on here has nothing to do with        that these special prosecutors or posi- problem, especially an unrelated prob-
these nominees but an effort to criti-      tions under current law without the lem.
cize the administration.                    independent counsel statute are simply       Mr. President, I urge my colleagues
  The other alternative suggested by        going to be led around by the nose by to vote for cloture. End this filibuster.
the Senator from Kentucky, he said          the Attorney General.                      Let us approve these nominees. They
last December a Republican Attorney            I do not think whether or not we should not be held hostage any longer
General appointed an independent            have an independent counsel statute is to this unrelated matter.
 27164                                    CONGRESSIONAL RECORD-SENATE                                      November 3, 1993
      Mr. PELL addressed the Chair.       June. I said that if he had been on the        lightly. But I think the issue here is a
     The ACTING PRESIDENT pro tem-        floor, he could have explained with            double standard. I hope that the Senate
 pore. The Senator from Rhode Island.     much more clarity and persuasiveness           will not invoke cloture as a further
     Mr. PELL. Mr. President, I would     than I the reason for the various holds.       message to the State Department, let
 like to comment here that I agree with   I have learned a great deal more about         us get this report out, and let us get it
 the majority leader about the use of     this matter since October 28. On that          out soon.
 the filibusters. I can say that in 32    date, I misspoke. In the heat and en-             This issue is not forgotten. It is not
 years here I have never voted to pro-    ergy of the debate. I said that I would        going to go away. That is the message
 long one. I have always voted for clo-   vote for cloture. I have since learned-        I want to send today, and I hope Repub-
 ture and intend to continue doing so.    the hard way-the only way I do                 lican Senators will stick with us on
     I would point out, too, that the inde-
                                          learn-that my observation about my             this.
 pendent counsel, in the previous occa-   colleague, Senator MCCONNELL, was ab-             I yield whatever remaining time I
 sion cited, was appointed almost 1       solutely correct. He does know a great         have to the Republican leader.
 month after completion of the inspec-    deal more about this issue than I do,             Mr. DOLE. Mr. President, I regret
 tor general report. In this case, the in-and I regret that he was not able to be        that I have not heard all of the debate.
 spector general has not even completed   on the floor to defend the assault            I have been representing the majority
 his report yet.                          against his quite appropriate holds last      leader and myself at the White House
    I yield the floor.                    Thursday.                                     on the North American Free-Trade
    Mr. MCCONNELL. Mr. President, how        I have now learned that all-all of         Agreement. The President signed the
 much time do I have remaining?           them-Republican requests for an expe-         transmittal letters, and I thought that
    The ACTING PRESIDENT pro tem-         ditious investigation into this matter        was rather important.
 pore. The Senator has 5 minutes and 55   have either been wholly ignored or at a          I think what we are about to do has
 seconds.                                 minimum, not been given any degree of         been pretty well explained. I know this
    Mr. McCONNELL. I yield 2 minutes      priority. I, for one, do not at all appre-    is a painful process, particularly for
 to the distinguished assistant Repub-   ciate the cavalier lack of responsive-         the nominees who are being held. I re-
 lican leader.                            ness which Senator MCCONNELL and              member going through it when I was a
    Mr. SIMPSON. Mr. President, I         others have received from the adminis-        majority leader when somebody, for
 thank the Chair.                         tration on this very important issue. It      some reason-and I did not think it
    This is a curious arena. One day we  is quite unfortunate that we, in the mi-       was a bit related-would say we are
 are on one side and the other day the   nority, have to avail ourselves of pro-        going to put a hold on the nominees. Of
 other side, and our allies one day are  cedural devices such as holds just to          course, the problem is trying to find
 adversaries the next. That makes this   get the attention of the administration        time to make it work.
                                         as to legitimate requests. That is, now           Senator MCCONNELL makes a pretty
a remarkable institution. Today I wish
                                         what is happening here, and I intend to        good case, and he explained it to us
 to speak in support of what Senator
                                         fully support Senator MCCONNELL, and           yesterday. It is about searching a per-
MCCONNELL is doing.
   Last Thursday, October 28, I came to  our fine Republican leader, Senator            sonnel file of 160 political appointees.
                                         DOLE in their efforts to find out the             What a difference a year makes.
the floor to address the Chamber on a
                                         truth in this matter. Therefore, armed         When the passport file of one individ-
fairly innocuous matter-certain docu-                                                   ual was examined-after Freedom of
mented criticisms which I had of the     with a much better grasp of the facts
                                         than I had last Thursday, I will vote          Information Act requests from several
34-million member AARP. I am still                                                      news organizations-a firestorm shook
digging out from the mail on that. I    against cloture. I wanted to explain my
                                        change of position.                             Congress. Stories critical of the action
think that the mailman had a hernia
                                            However, I also do know Swanee              occupied the news media for days. The
from hauling that mail in.                                                              Secretary of State offered to resign. An
   I was unable to immediately deliver  Hunt, she is a splendid person and so
                                        very well qualified in all ways for her         inspector general report was com-
my researched text on that matter. In-
                                        diplomatic post. She will represent             pleted, and an independent counsel was
stead, I became embroiled with Sen-                                                    appointed-all in less time than has
ator SARBANES in a rather free flowing  America and her Government well. I
                                        am very impressed with her. I am going          elapsed since the first story on the
off-the-cuff debate covering a rather
                                        to make every reasonable effort to             search of personnel files.
wide range of controversial issues-                                                        Then President-elect Clinton con-
none of which were novel issues to this break Ambassador-designate Hunt out
                                        of this group of holds.                        demned the use of the State Depart-
Chamber. We went from the use of the                                                   ment for political purposes, and prom-
filibuster, to who is responsible for       I regret any confusion which my
                                        statement regarding the cloture vote           ised "if I catch anyone using the State
gridlock, to the double standards uti-                                                 Department like that when I'm Presi-
                                        might have caused to Senator SAR-
lized in assessing the Clinton adminis-                                                dent *      * I will fire them the next
                                        BANES or to anyone else who listened to
tration versus the Bush administra-                                                    day."
                                        or observed our debate or subsequently
tion, to the use of holds, to why there                                                    Well, maybe President Clinton has
                                        read the CONGRESSIONAL RECORD.
was a hold placed on these specific         The PRESIDING          OFFICER (Mr.        not caught anybody yet. As far as I
nominees, and then we returned to the   SHELBY). The Senator from Kentucky             know, no one has been fired. But some-
double standards of how State Depart-   has 2 minutes 51 seconds.                      body searched the files and somebody
ment personnel file investigations were     Mr. McCONNELL. Mr. President, the          leaked their contents to the press.
conducted in the Bush administration issue here is a double standard-last                  On September 9-almost 2 months
as differing from the handling of those year versus this year; prominent citi-         ago-Senator MCCONNELL and I wrote
in the Clinton administration. It was a zens like former Governor Clinton ver-         to the Secretary of State and asked
wonderful, free ranging, toe-to-toe de- sus ordinary Americans like the 160            four simple questions: Who authorized
bate that I had with one of the best in Bush administration officials who had          the search, for what purpose, who re-
that line of work-my friend and the their files searched.                              ceived the information, and is the indi-
able counselor Senator PAUL SAR-           With regard to the inconvenience of         vidual still employed.
BANES.                                  these five extremely well-connected               I do not know if the Secretary can
  I noted during the course of our de- and, in many instances, affluent peo-           answer the questions. I do not know if
bate that Senator MCCONNELL, who had ple, I apologize for that. But it is one of       the Secretary even saw the letter. I re-
indicated an objection to these nomi- the few ways you can get attention of            ceived a response from an Assistant
nees was unable to be in attendance an administration, particularly if you             Secretary deferring to the inspector
due to a family emergency, the loss of are in the minority.                            general's investigation.
his mother. I know the pain of that        This is not a device that this Senator         I have received no additional infor-
tragedy from my own father's death in has very often used. So I do not do it           mation from the administration. The
 November 3, 1993                         CONGRESSIONAL RECORD-SENATE                                                             27165
  double standard is at work again. First           Within 24 hours after this matter be-            Paul Simon, Joseph Lieberman, Jay
  it was Travelgate and now it is                came public, it was referred to the in-             Rockefeller, Harlan Mathews, Dale
  filegate. While enormous legal fees and        spector general for investigation. That             Bumpers, Patrick Leahy, Christopher
  personal hardship are still being en-          is the appropriate course of action. The           Dodd, John F. Kerry, Patty Murray,
                                                                                                     Claiborne Pell, Frank R. Lautenberg.
  dured as a result of the independent           inspector general is in fact-and is sup-
                                                                                                              CLOTURE MOTION
  counsel's probe of the passport affair,        posed to be-independent. So it is Inap-
                                                 propriate to apply political pressure to        We, the undersigned Senators, In accord-
  there is silence about the search of per-                                                    ance with the provisions of rule XXII of the
  sonnel files. No answers and no ac-            the inspector general with respect to         Standing Rules of the Senate, hereby move
  countability.                                  this or any other investigation.              to bring to a close the debate on Executive
     Mr. President, I do not like delaying          Third, the nominees now in question        Calendar No. 415, Thomas A. Loftus to be
  anyone's confirmation. I believe a             were approved unanimously by the              Ambassador      Extraordinary and      Pleni-
  President has the right to have his or         Foreign Relations Committee. No ques-         potentiary of the United States to Norway:
  her people in place. I also recognize the      tion has been raised as to their quali-           Bob Kerrey, Daniel K. Akaka, Daniel
                                                 fications. Indeed, the persons who are             Inouye, Wendell Ford, Tom Harkin,
  nominees under consideration did not                                                              Bill Bradley, Paul Simon, Joseph
  have anything to do with this sordid           today going to vote against the nomi-
                                                                                                    Lieberman, Jay Rockefeller, Dale
  episode. I recognize they are inconven-        nees have praised the nominee's quali-             Bumpers, Harlan Mathews, Pat Leahy,
  ienced by this process.                        fications. So let us all understand that           Christopher Dodd, John F. Kerry,
     Finally, I recognize that there are         this is a completely unrelated matter.             Patty Murray, Claiborne Pell, Frank
  complaints about the hold process from        It has nothing to do with the nominees.             R. Lautenberg.
  some on the other side of the aisle.          I think it is not the right place or the                     CLOTURE MOTION
  Just as we saw new conversions in sup-        right time to filibuster and hold up             We, the undersigned Senators, in accord-
  port of Presidential flexibility in for-       these nominees in this way.                   ance with the provisions of rule XXII of the
  eign policy in the last few weeks, we            I think the fair course of action is to     Standing Rules of the Senate, hereby move
  are witnessing complaints about Sen-          let us proceed to consider and vote on         to bring to a close the debate on Executive
                                                the nominees. If a Senator does not            Calendar No. 420, Daniel L. Spiegel to be
  ate process that were never aired dur-                                                       Representative of the United States to the
 ing the previous 12 years.                     like the nominees and does not think           European Office of the United Nations, with
    The five nominees were placed on the        they are qualified, he or she has the          the rank of Ambassador:
  Senate Executive Calendar on October          right to vote against the nominee. Let             Bob Kerrey, Daniel K. Akaka, Daniel
 5. This delay, while unfortunate, has          the inspector general complete his in-               Inouye, Wendell Ford. Tom Harkin.
 been only the latest in the often long         dividual, independent investigation as               Bill Bradley, Paul Simon, Joseph
 nomination process. As part of this            it should be.                                        Lieberman, Jay Rockefeller, Dale
                                                   I yield the remainder of our time. I              Bumpers. Harlan Mathews, Pat Leahy,
 process, these individuals submitted in-                                                            Christopher Dodd, John F. Kerry,
 formation about campaign contribu-            believe we are ready to proceed.
                                                   The PRESIDING OFFICER. Under                      Patty Murray, Claiborne Pell, Frank
 tions, criminal records, financial trans-                                                           R. Lautenberg.
 actions, and other sensitive back-             the previous order, the clerk will re-
 ground information to the executive           port the motions to invoke cloture.
                                                   The assistant legislative clerk read               CALL OF THE ROLL
 branch and to the Foreign Relations
 Committee. This information-like the          as follows:                                      The PRESIDING OFFICER. By unan-
 information in the Bush appointees'                           CLOTURE   MOTION               imous consent, the quorum call has
 files-should not be subject to unau-              We, the undersigned Senators, In accord-   been waived.
                                               ance with the provisions of rule XXII of the
 thorized review and disclosure.               Standing Rules of the Senate, hereby move
    I am certain these nominees would          to bring to a close the debate on Executive                       VOTE
 not want to see their personnel files         Calendar No. 411, Alan John Blinken to be
 disclosed to the news media. They             Ambassador       Extraordinary    and Pleni-       The PRESIDING OFFICER. The
 should not be.                                potentiary of the United States to Belgium:     question is, Is it the sense of the Sen-
    I am certain the nominees would not             Bob Kerrey, Daniel K. Akaka, Daniel        ate that debate on the five nomina-
 want their personnel files ransacked by              Inouye, Wendell Ford, Tom Harkin,        tions, Executive Calendar No. 411, Alan
 this or any future administration.                   Bill Bradley, Paul Simon. Joseph         John Blinken, of New York, to be Am-
 They should not be.                                  Lieberman, Jay Rockefeller, Dale         bassador Extraordinary and Pleni-
                                                      Bumpers, Harlan Mathews, Patrick         potentiary of the United States of
    And I am certain if their files were              Leahy, Christopher Dodd, John F.
 searched, they would want answers,                                                            America to Belgium; Executive Cal-
                                                      Kerry, Patty Murray. Claiborne Pell,     endar No. 413, Tobi Trister Gati, of New
 and they would want accountability.                  Frank R. Lautenberg.
    Answers and accountability-that is                                                         York, to be an Assistant Secretary of
                                                               CLOTURE  MOTION                 State; Executive Calendar No. 414
 what the Senate will vote on. I urge             We, the undersigned Senators, in accord-     Swanee Grace Hunt, of Colorado, to be
 my colleagues to oppose cloture for           ance with the provisions of rule XXII of the    Ambassador Extraordinary and Pleni-
 these nominees until the State Depart-        Standing Rules of the Senate. hereby move
                                               to bring to a close the debate on Executive     potentiary of the United States of
ment provides some answers and ac-                                                             America to the Republic of Austria;
countability.                                  Calendar No. 413, Tobi Trister Gati to be an
                                               Assistant Secretary of State:                   Calendar No. 415, Thomas A. Loftus, of
   I think this is an important vote. It                                                       Wisconsin, to be Ambassador Extraor-
is important not just to Senator                    Bob Kerrey, Daniel K. Akaka, Daniel
                                                      Inouye, Wendell Ford, Tom Harkin,        dinary and Plenipotentiary of the Unit-
McCONNELL, it is an important vote for                Paul Simon, Joseph Lieberman, Jay       ed States of America to Norway; and
us. If we cannot get the information,                 Rockefeller, Dale Bumpers, Harlan       Executive Calendar No. 420, Daniel L.
this may not be the best way to pro-                  Mathews, Patrick Leahy, Christopher     Spiegel, of Virginia, to be the Rep-
ceed, but it is the only leverage that                Dodd, John F. Kerry, Patty Murray,      resentative of the United States of
the Senator from Kentucky has. I                      Claiborne Pell, Frank R. Lautenberg.    America to the European Office of the
think he is using it appropriately, and                       CLOTURE   MOTION                United Nations, with the rank of Am-
I hope we support his efforts.                    We, the undersigned Senators, in accord-    bassador, shall be brought to a close?
   The PRESIDING OFFICER. Who                 ance with the provisions of rule XXII of the    The yeas and nays are mandatory
yields time? The Senator from Rhode           Standing Rules of the Senate, hereby move
                                              to bring to a close the debate on Executive     under the rule.
Island has 21/2 minutes.                                                                        The clerk will now call the roll.
                                              Calendar No. 414, Swanee Grace Hunt to be
   Mr. PELL. I yield whatever time is                                                           The assistant legislative clerk called
                                              Ambassador       Extraordinary    and Pleni-
desired by the majority leader.               potentiary of the United States to the Re-      the roll.
   Mr. MITCHELL. Mr. President, I will        public of Austria:                                The PRESIDING OFFICER. Are there
not repeat all that has been said in the            Bob Kerrey, Daniel K. Akaka, Daniel       any other Senators in the Chamber de-
debate, but will simply summarize.                   Inouye, Wendell Ford, Tom Harkin,        siring to vote?
 27166                                              CONGRESSIONAL RECORD-SENATE                             November 3, 1993
              The yeas and nays resulted-yeas 58, Lieberman, Jay Rockefeller,     Dale             Bob Kerrey, Daniel K. Akaka, Daniel
            nays 42, as follows:                  Bumpers, Harlan Mathews, Pat Leahy,               Inouye, Wendell Ford, Tom Harkin, Jo-
                                                  Christopher Dodd, John F. Kerry,                  seph Lieberman, Paul Simon, Jay
                     [Rollcall Vote No. 349 Ex.]                                                    Rockefeller, Harlan Mathews, Dale
                                                  Patty Murray, Claiborne Pell, Frank
                      YEAS-58                     R. Lautenberg.                                    Bumpers, Pat Leahy, Christopher
 Akaka            Feinstein     Mikulski                                                            Dodd, John F. Kerry, Patty Murray,
 Baucus           Ford          Mitchell                                                            Claiborne Pell, Frank R. Lautenberg.
 Biden            Glenn         Moseley-Braun   NOMINATION OF TOBI TRISTER
 Bingaman         Graham        Moynlhan          GATI TO BE AN ASSISTANT SEC-
 Boren            Harkln        Murray                                                         NOMINATION          OF    THOMAS    A.
 Boxer            Heflin        Nunn              RETARY OF STATE
 Bradley          Holllngs      Pell                                                              LOFTUS TO BE AMBASSADOR EX-
 Breaux           Inouye        Pryor             Mr. MITCHELL. Mr. President, I ask             TRAORDINARY            AND    PLENI-
 Brown            Jeffords      Reld            unanimous consent that the Senate                 POTENTIARY OF THE UNITED
 Bryan            Johnston      Riegle          proceed to Executive Calendar No. 413,           STATES OF AMERICA TO NOR-
 Bumpers          Kennedy       Robb            the nomination of Tobi Trister Gati to
 Byrd             Kerrey        Rockefeller                                                      WAY
 Campbell         Kerry         Sarbanes        be an Assistant Secretary of State.
 Conrad           Kohl          Sasser            The PRESIDING OFFICER. Without                 Mr. MITCHELL. Mr. President, I ask
 Daschle          Lautenberg    Shelby          objection, it is so ordered.                   unanimous consent the Senate proceed
 DeConclnl        Leahy         Simon                                                          to Executive Calendar No. 415, nomina-
 Dodd             Levin         Wellstone                                                      tion of Thomas A. Loftus to be Ambas-
 Dorgan           Lleberman     Wofford
 Exon             Mathews                                   CLOTURE MOTION                     sador to Norway.
 Felngold         Metzenbaum                      Mr. MITCHELL. Mr. President, I                 The PRESIDING OFFICER. Without
                    NAYS-42                     send a cloture motion to the desk.             objection, it is so ordered.
Bennett           Falrcloth    McCaln             The PRESIDING OFFICER. The clo-
Bond              Gorton       McConnell        ture motion having been presented                          CLOTURE MOTION
Burns             Gramm        Murkowskl        under rule XXII, the Chair directs the
Chafee            Grassley     Nickles
                                                clerk to read the motion.                        Mr. MITCHELL, Mr. President, I
Coats             Gregg        Packwood                                                        send a cloture motion to the desk.
Cochran           Hatch        Pressler           The bill clerk read as follows:
Cohen             Hatfield     Roth                            CLOTURE  MOTION                   The PRESIDING OFFICER. The clo-
Coverdell         Helms        Simpson                                                         ture motion having been presented
Craig             Hutchison    Smith              We, the undersigned Senators, in accord-     under rule XXII, the Chair directs the
D'Amato           Kassebaum    Specter          ance with the provisions of rule XXII of the
Danforth          Kempthorne   Stevens          Standing Rules of the Senate, hereby move      clerk to read the motion.
Dole              Lott         Thurmond         to bring to a close the debate on Executive      The bill clerk read as follows:
Domenlcl          Lugar        Wallop           Calendar No. 413, Tobi Trister Gati to be an                  CLOTURE MOTION
Durenberger       Mack         Warner
                                                Assistant Secretary of State:                    We, the undersigned Senators, In accord-
  The PRESIDING OFFICER. On this                    Bob Kerrey, Daniel K. Akaka, Daniel        ance with the provisions of Rule XXII of the
vote, the yeas are 58, the nays are 42.               Inouye, Wendell Ford, Tom Harkin,        Standing Rules of the Senate, hereby move
Three fifths of the Senators duly cho-                Paul Simon, Joseph Lieberman, Jay        to bring to a close the debate on Executive
sen and sworn not having voted in the                 Rockefeller, Harlan Mathews, Dale        Calendar No. 415, Thomas A. Loftus to be
                                                      Bumpers, Pat Leahy, Christopher          Ambassador     Extraordinary     and Pleni-
affirmative, the motions are rejected.                Dodd, John F. Kerry, Patty Murray,       potentiary of the United States to Norway:
  The majority leader.                                Claiborne Pell, Frank R. Lautenberg.         Bob Kerrey, Daniel K. Akaka, Daniel
                                                                                                     Inouye, Wendell Ford. Tom Harkin,
                                                                                                     Bill Bradley, Paul Simon, Joseph
NOMINATION           OF    ALAN       JOHN NOMINATION OF SWANEE GRACE                                Lieberman, Jay Rockefeller, Dale
  BLINKEN TO BE AMBASSADOR                     HUNT TO BE AMBASSADOR EX-                             Bumpers, Harlan Mathews, Pat Leahy,
  EXTRAORDINARY            AND     PLENI-      TRAORDINARY            AND       PLENI-               Christopher Dodd, John F. Kerry,
  POTENTIARY          OF THE UNITED            POTENTIARY OF THE UNITED                              Patty Murray, Claiborne Pell, Frank
   STATES OF AMERICA TO BEL-                   STATES OF AMERICA TO THE                              R. Lautenberg.
  GIUM                                         REPUBLIC OF AUSTRIA
  Mr. MITCHELL. Mr. President, am I            The PRESIDING OFFICER. The ma-                  NOMINATION OF DANIEL L. SPIE-
correct in my understanding that the jority leader.                                               GEL TO BE THE REPRESENTA-
pending business is Executive Calendar         Mr. MITCHELL. Mr. President, I ask                 TIVE OF THE UNITED STATES OF
No. 411, the nomination of Alan John unanimous consent that the Senate                            AMERICA TO THE EUROPEAN OF-
Blinken, to be Ambassador to Belgium? proceed to Executive Calendar No. 414,                      FICE OF THE UNITED NATIONS,
  The PRESIDING OFFICER. The ma- the nomination of Swanee Grace Hunt                              WITH THE RANK OF AMBAS-
jority leader is correct.                    to be Ambassador to Austria.                         SADOR
                                               The PRESIDING OFFICER. Without                     The PRESIDING OFFICER. The ma-
                                             objection, it is so ordered.                      jority leader.
                                                                                                  Mr. MITCHELL. Mr. President, I ask
  Mr. MITCHELL. Mr. President, I                                                               unanimous consent the Senate proceed
                                                       CLOTURE MOTION
send a cloture motion to the desk.                                                             to Executive Calendar No. 420, the
  The PRESIDING OFFICER. The clo-              Mr. MITCHELL. Mr. President, I                  nomination of Daniel L. Spiegel to be
ture motion having been presented send a cloture motion to the desk.                           the Representative of the United
under rule XXII, the Chair directs the         The PRESIDING OFFICER. The clo-                 States of America to the European Of-
clerk to read the motion.                    ture motion having been presented                 fice of the United Nations.
  The bill clerk read as follows:            under rule XXII, the Chair directs the               The PRESIDING OFFICER. Without
              CLOTURE  MOTION                clerk to read the motion.                         objection, it is so ordered.
  We, the undersigned Senators, In accord-     The bill clerk read as follows:
ance with the provisions of rule XXII of the              CLOTURE MOTION
Standing Rules of the Senate, hereby move      We, the undersigned Senators, in accord-                   CLOTURE MOTION
to bring to a close the debate on Executive ance with the provisions of rule XXII of the         Mr. MITCHELL. Mr. President, I
Calendar No. 411, Alan John Blinken to be Standing Rules of the Senate, hereby move            send a cloture motion to the desk.
Ambassador     Extraordinary    and Pleni- to bring to a close the debate on Executive
potentiary of the United States to Belgium: Calendar No. 414, Swanee Grace Hunt to be            The PRESIDING OFFICER. The clo-
    Bob Kerrey, Daniel K. Akaka, Daniel Ambassador          Extraordinary   and Pleni-         ture motion having been presented
      Inouye, Wendell Ford, Tom Harkin, potentiary of the United States to the Re-             under rule XXII, the Chair directs the
      Bill Bradley, Paul Simon, Joseph public of Austria:                                      clerk to read the motion.
 November 3, 1993                          CONGRESSIONAL           RECORD-SENATE                                             27167
      The bill clerk read as follows:            is just sheer obstructionism-sheer ob-- in the same way as a candidate for
                 CLOTURE  MOTION                 structionism. We have five qualified      IPresident of the United States was
     We, the undersigned Senators, in accord- nominees who were approved unani- -treated for apparently the same kind of
   ance with the provisions of rule XXII of the mously by the Foreign Relations Com- Sviolation this time last year. That is
   Standing Rules of the Senate, hereby move mittee. There was not one word chal- Sthe issue.
   to bring to a close the debate on Executive lenging their ability or qualifications.         So, again, I apologize to these indi-
   Calendar No. 420, Daniel L. Spiegel to be Indeed, the very people who voted viduals. They are all very well-con-
   Representative of the United States to the against them praised their qualifica- Snected, several very affluent. I think
   European Office of the United Nations, with                                                they can survive this temporary incon-
   the rank of Ambassador:                       tions and then voted against them.
       Bob Kerrey, Daniel K. Akaka, Daniel           But to make an unrelated political venience. Surely they can, but that is
         Inouye, Wendell Ford, Tom Harkin. point, these five people are being held what is before the Senate: Are we going
         Bill Bradley, Paul Simon, Joseph hostage in an act of sheer obstruction- to get the attention of the State De-
         Lieberman, Jay Rockefeller, Dale ism. That is most regrettable. I think partment? Again, I am sorry it came
         Bumpers, Harlan Mathews, Pat Leahy, it is most unfortunate. Here we are in down to this. But that is the issue in
         Christopher Dodd, John F. Kerry, the U.S. Senate now with six filibus- terms of this Senator.
         Patty Murray. Clalborne Pell, Frank ters occurring at one time-six filibus-            Mr. MITCHELL addressed the Chair.
         R. Lautenberg.                                                                         The PRESIDING OFFICER. The ma-
                                                 ters at one time. There was a time in
     The PRESIDING OFFICER. The ma- the not too recent history when it took jority leader.
   jority leader.                                                                               Mr. MITCHELL. Mr. President, I
                                                 6 or 8 years to have six filibusters. Now
     Mr. MITCHELL. Mr. President, if I we have six filibusters going at one would like to make one further point.
   might have the attention of the distin- time and filibusters directed, in this            This repeats what I have said on this
   guished Senator from Kentucky, we case, against five nominees who every- Senate floor several times.
   have just had one cloture vote on all one can see are well qualified. I just do              As the Republican leader knows, I
                                                                                             have been the principal advocate in
   five nominations. Although a majority not think that is right. I regret it.               this Congress and in this Government
   of Senators voted to terminate the fili-         I say to my colleague, we are going of this Senate and the House adjourn-
   buster, it was fewer than 60 and there- to keep filing cloture motions and we ing by Thanksgiving. I am the one who
   fore we cannot proceed with the nomi- are going to keep going on this issue raised the issue. I pressed the issue in
   nations.                                      until these nominees are confirmed. I meetings with the leadership, and I
     I have just filed five cloture motions made a commitment to the nominees pressed the issue in a meeting with the
   and I now ask unanimous consent that last week that I would bring their President and the Vice President di-
   the vote on those five be a single vote, nominations before the Senate last rectly. For that, why, I get so many of
  as was the vote this morning.                  week.                                       my colleagues come up to me pri-
     Mr. McCONNELL. Mr. President, re-              I now make this further commitment       vately-Republicans and Democrats-
  serving the right to object, could I ask to them. We are going to keep after and say, "Mr. Leader, we're all with
  the leader for a brief quorum call while this until they are confirmed. They you, we want to get out of here
  I discuss my options?                         should not be in this position. They Thanksgiving."
     Mr. MITCHELL. Certainly.                   should be now serving in the offices to        But if we are going to have to spend
     Mr. McCONNELL. I reserve the right which they have been nominated and days and days on filibusters over nomi-
  to object.                                    recommended by the Foreign Relations nations of persons whose qualifications
     Mr. MITCHELL. I will withdraw the Committee. We are going to stay here are unchallenged, then the chances of
  request until such time as the Senator in the Senate as long as it takes to get this Senate completing its action on
  has had a chance to consult, and I now these nominees confirmed.                           what we must do, I would say, are de-
  suggest the absence a quorum.                    Mr. McCONNELL          addressed    the clining rapidly. I will just say now to
     The PRESIDING OFFICER. The Chair.                                                       Senators, I strongly encourage you not
  clerk will call the roll.                        The PRESIDING OFFICER. The Sen- to make any plans for after Thanks-
     The bill clerk proceeded to call the ator from Kentucky.                                giving. If we have to go through this, if
 roll.                                             Mr. McCONNELL.         Mr. President, we have to take this kind of time on
     Mr. MITCHELL. Mr. President, I ask with all due respect to the majority filibuster after filibuster after fili-
 unanimous consent that the order for leader, the issue is 160 ordinary citizens buster, delay after delay after delay on
 the quorum call be rescinded.                  who have apparently had their rights something that should take this Sen-
     The PRESIDING OFFICER. Without violated and the fact that the State ate 5 minutes, then I say to Senators,
 objection, it is so ordered.                   Department cannot get an IG report in all seriousness, and most regret-
           UNANIMOUS-CONSENT  REQUEST           out in 8 weeks to give us some indica- tably, do not make any plans now for
     Mr. MITCHELL. Mr. President, I ask tion of whether criminality may have the period after Thanksgiving.
 unanimous consent that the five clo- occurred.                                                Mr. President, I yield the floor.
 ture motions just filed be combined               I will say to the majority leader, as I     Several   Senators     addressed   the
 into one for purposes of the vote to be said previously, we are going to con- Chair.
 held under rule XXII.                          tinue to debate here. I take no personal       The PRESIDING OFFICER. The Sen-
     Mr. MCCONNELL. Mr. President, I pleasure in putting holds on these ator from Massachusetts.
                                                                                               The Republican leader.
must inform the majority leader there nominees. This is not something I fre-                   Mr. KERRY. Mr. President, I thought
 is an objection on this side as to that quently do. I know he is exasperated
                                                                                            that I was recognized.
UC.                                            because this happens from time to               Mr. MITCHELL. Mr. President, under
    The PRESIDING OFFICER. Objec- time, but rarely by me. The issue is the rules of the Senate, the majority
 tion is heard.                                how do we get their attention. I have leader has priority recognition and the
    Mr. MITCHELL. Mr. President, I re- not been here as long as the leaders, Republican leader has next recogni-
gret the objection, but certainly the but I am unaware of any other device tion.
Senator has a right to object. I will by which we can get their attention.                     Mr. KERRY. I apologize.
state then there will be five cloture             So the notion that this Senator, at          The PRESIDING OFFICER. The Re-
votes on Friday morning as a result of least, is just sort of willy-nilly bring- publican leader.
this action unless some prior agree- ing the Senate to a halt is just not cor-                 Mr. DOLE. Mr. President, I will indi-
ment is reached. Every Senator should rect. There is an important issue in-                 cate that the Secretary of State will be
understand that.                               volved here, and that is the rights of up tomorrow, I understand, before the
    Second, let me say that I respect the these 160 American citizens whose Foreign Relations Committee. I under-
right of any Senator to use the rules to rights may have been violated and stand he will be asked about this prob-
the fullest, but what we are seeing here whether or not they are being treated lem and maybe it can even be resolved.
 27168                                    CONGRESSIONAL RECORD-SENATE                                            November 3, 1993
      I have never made a practice of put-      sadors, several of whom will fill ex-         ing in a hotel. He rented his house be-
   ting holds on anybody. I say there are       tremely important positions in terms          cause he was told he was going to be in
   some on each side who do that fre-           of intelligence assessments and other         Geneva weeks and months ago. That
   quently and some more often than not.        issues, in order to get what they are         person is now sitting in a hotel room
   I do not know of any time the Senator        trying to get.                                with huge bills, kids out of school, fam-
   from Kentucky has ever done that. It is         Why do I say that? I say that because      ily life totally disrupted, and he has
   certainly our hope it can be resolved        the process-is working now. If you will       nothing to do with this particular
   very quickly. When the Secretary of         look at what happened in the Clinton           issue.
   State spoke to me about 30 days ago,        passport case, when the Republicans              So if fair is fair for citizens, for those
   he said he was going to take a personal     were asked to investigate, they did not        160, it is fair for these five. There are
   interest in this and try to do some-        ask the inspector general to inves-           larger national interests at stake in
   thing.                                      tigate until some 2 weeks after the           putting these people into these posi-
     It is a little different when you have    story broke in the press. In this case,       tions, and we ought to get about the
   one-party governments. You have the         the very next day after the press re-         business of doing it.
  White House controlled by the Demo-          ports appeared, the inspector general            Mr.     McCONNELL         addressed    the
  crats and the Congress controlled by         was asked to investigate. The State           Chair.
   the Democrats. If this had been the         Department does not control, or the              The PRESIDING OFFICER. The Sen-
  other way around, we would have had          Secretary of State does not control,          ator from Kentucky.
  hearings. The Senator from Massachu-         the speed with which the inspector gen-          Mr. McCONNELL. I am not sure the
  setts would have dreamed up some             eral can perform that investigation.          distinguished majority leader wanted
  hearing and we would have had hear-              As the Senator from Kentucky              to continue this debate, and I wish to
  ings all over the place. Do not worry        knows, the inspector general is inves-        accommodate him by not continuing
  about it, we would have had hearings         tigating. He has said his report will be      too long. But let us look at last year
  day after day after day to get this          out momentarily. It is not necessary to       and look at this year.
  done. We do not have any hearings. We        hold these people up in order to get the         Last year, five news organizations
  do not have anyplace to go. There has        report. The report will be forthcoming.       filed freedom of information requests
  to be some protection for the rights of          Second, the Republicans have asked        for Clinton files. That is how it began
  the minority. We hope to be in the ma-       for the GAO to investigate in addition.       last year. This year, there were not any
  jority after 1994, but we are not there      The GAO islnvestigating.                      FOI requests, none at all, nothing initi-
  yet.                                             Now, fair is also fair on this side of    ated the process this year. Last year,
     So we have to do what we have to do.      the aisle. In the Clinton passport case,      Clinton's files were pulled. This year,
  We do not like to inconvenience people,      the independent counsel never came            160 files were pulled. Last year, dozens
  but it is a one-party Government. You        into the picture until 1 month after a        of Members of Congress demanded
  see what has happened. The Attorney          report was made by the inspector gen-         hearings and the IG, GAO, independent
  General will not write a letter; she will   eral. So we should not be here debating        counsel and special prosecutor inves-
  not investigate anything. We cannot         whether or not we are going to have a          tigations. That is what we were all
  get the committees to do anything. I        special prosecutor before we even have         clamoring for last year.
  have written I do not know how many         a report, a report which is promised              This year, I asked for the Attorney
  letters to the distinguished chairman       and forthcoming.                               General to take a look at it. Senator
  of    the    Judiciary    Committee   on        So I just think it is unnecessary to       DOLE and I wrote to the Secretary of
  Travelgate and I do not know how            hold up these nominees. I think that           State asking him four simple ques-
  many problems. No sale.                     the Senator is going to get his report,        tions. Last year, no information in the
    If somebody can give us an alter-         these 160 people are properly going to        files of Governor Clinton was provided
  native or somebody is willing to have a     get vindication, and I will commit, if         to the press. This year, contents of at
  hearing-maybe the Senator from Mas-         the Senator from Kansas wants a hear-         least two files we know were linked to
  sachusetts is going to announce that        ing, if we do not get a report in an ade-      the Washington Post. Last year, the
  today he is going to have a hearing-we      quate number of days, we can have a           Secretary of State briefed the chair-
 will be happy to cooperate, but we do        hearing on this issue. But we ought to        man of the Foreign Relations Commit-
 not think it is going to happen. The         put these people in place. They are just      tee. This year, the Secretary of State
 only recourse we have is precisely what      being obstructed and held back without        asked the staff to tell Senator DOLE
 we are doing now. We do not like to do       a rationale.                                  and Senator MCCONNELL. He passed the
 it, and if the majority leader would             In the Clinton passport case, the         buck to somebody else. Last year,
 like to ask the appropriate committee        press reports appeared on October 9. It       there was an IG report in 30 days. In 30
 to have a hearing on this specific           was not for 2 weeks that the inspector        days, Mr. President, there was an IG
 thing, then we might be able to work         general was asked to come into the            report. This year, 8 weeks and holding.
 out some accommodation.                      case. In this particular case, the in-        No report.
    Mr. KERRY addressed the Chair.            spector general was brought in the               Last year, the Secretary of State of-
    The PRESIDING OFFICER. The Sen-           very next day. So in fact the process is      fered to resign. This year, the Sec-
 ator from Massachusetts.                     working faster, and if fair is fair, we       retary of State is dodging the issue.
    Mr. KERRY. Mr. President, let me          ought to hold ourselves today to the          Last year, newspapers ran front-page
 say to my friend, the Senator from           very same standard that was accept-           attack stories for 2 weeks. This year,
Kansas, the distinguished minority            able for the Republicans only last year.      the media views this as sort of a
 leader, I do not disagree with him, nor      And that is by proceeding to get the re-      nonstory. Last year, the Attorney Gen-
 even with the Senator from Kentucky.         port from the inspector general and           eral appointed independent counsel.
There is an appropriate expectation           then deciding whether or not a special        This year, Senator DOLE and I cannot
 that this investigatory process work         prosecutor is needed.                         even get an answer, a simple answer
fairly, and it ought to work fairly.             I will commit to the Senator from          from letters.
    The Senator has a right to expect         Kentucky, if there is anything in there          With the Attorney General, it must
 that these 160 citizens are properly         that indicates a special prosecutor,          be a problem with the post office down
going to be protected through the proc-       then it ought to happen, because fair is      there, as I indicated earlier. The Attor-
ess. I do not disagree with that at all.      fair and the process ought to apply to        ney General does not even answer her
And, in fact, the Senator is correct to       both sides of the aisle equally. But it is    mail.
assert those rights. But I disagree that      just wrong to hold up these nominees             So that is the issue. That is the issue.
it is necessary for the Senator or for        over this issue. One of these people has      The reason holding up the nominees,
the Republican side to stop five Ambas-       taken his child out of school. He is liv-     the device chosen, is because there are
 November 3, 1993                        CONGRESSIONAL RECORD-SENATE                                                       27169
 not any others. As the leader pointed       S. 1607, a bill to control and prevent        third-and potentially devastating-
 out, we are not exactly running the         crime.                                        war exists in the continuing standoff at
 Government these days, and we do not           The PRESIDING OFFICER. Is there            the Hazratbal Mosque in Kashmir.
 do it lightly. There is a simple way to     objection?                                      The standoff is in its third week. The
 resolve this problem-an easy way.              Mr. DOLE addressed the Chair.              official Indian report indicates that the
     Mr. President, to resolve the prob-        The PRESIDING OFFICER. The Re-             offensive began as Indian security
 lem. Why does not the IG finish his job,    publican leader.                              forces surrounded the mosque allegedly
 send up the report, and that will solve        Mr. DOLE. Mr. President, reserving         to capture more than 100 armed mili-
 the problem.                                the right to object, and I shall object,      tants and their cache of weapons re-
     I yield the floor.                      I just say in the interim we hope to         ported to be inside.
     Mr. KERRY. Mr. President, I do not      meet at 1 o'clock to see if we can re-          Efforts to end the standoff peacefully
 want to prolong the debate.                 solve some differences on our side.          have thus far failed. The Indian Gov-
     The PRESIDING OFFICER. The Sen-         There were meetings yesterday with           ernment says that it is attempting a
 ator from Massachusetts.                    Senator HATCH, I think, and Senator          negotiated settlement, and that those
     Mr. KERRY. I know my friend does        BIDEN, but many of us were sort of con-      trapped inside have threatened to blow
 not either. But let me say I have my        fined to the floor. So we hope we can        the mosque, and themselves, up if the
 own suspicions that there may have          resolve that and let the majority lead-      Indian troops refuse to leave.
 been some wrongdoing here, and if           er proceed to do it without the neces-          The facts, however, are disputed by
 there is, it absolutely ought to be dealt   sity of debating a motion to proceed or      Kashmiri leaders. They say the mosque
 with properly.                              filing cloture. We should have that, I       is occupied by approximately 200 civil-
     But last year, officials of the State   hope, resolved by 1:30, 1:45, no later       ians who sought shelter before return-
 Department went out in the dead of          than 2 o'clock.                              ing home after their long pilgramages.
 night and themselves went to Suitland                                                    Reports from independent journalists
 and pulled the file. This year, they                                                     indicate that if there are militants
 went through the proper channels and                   MORNING BUSINESS                  present, they are very few.
 openly requested a whole group of files,       Mr. MITCHELL. Mr. President, it              Throughout the last 2 weeks, the
 for whatever reason. I do not know if        had been my hope-I previously stated        Kashmiri leaders of the All Party Free-
 the reason was appropriate, but I do         both privately to the Republican leader     dom Conference have organized several
 know it did not happen in the dead of        many times and publicly many times-         peaceful marches to demonstrate soli-
 night.                                       that we would attempt to proceed to         darity for those in the mosque.
    I do know the IG took it on imme-         the crime bill immediately following           Indian border security forces have re-
 diately and, according to the state-         the disposition of the prior matter. In     sponded to these demonstrations with
 ments of the Senator from Kentucky           order to accommodate the Republican         swift and brutal retribution. More than
 by his own admission a moment ago, it       leader, I now ask unanimous consent          50 civilians have been killed in sepa-
 was not until after the IG's report that     that there be a period of morning busi-     rate incidents, and hundreds more have
 there was any call for an independent       ness until 1:45 p.m.                         been injured. Many of the political
 counsel.                                       Mr. DOLE. Will the Senator yield          leaders and demonstration organizers
    Now, I think the Senator from Ken-       further?                                     have been savagely beaten and ar-
 tucky knows, because I know he has             Mr. MITCHELL. Yes.                        rested.     International      journalists
 had a relevant conversation, that this         Mr. DOLE. As I indicated to the Sen-      caught in the melee have also been
 report is going to be forthcoming           ator last night, because we discussed        beaten.
 shortly. I think he knows because of        this last night, the majority leader felt       This disparity in interpretations of
 that conversation-and I am not at lib-      it might be necessary to file cloture. If    the situation at the mosque does not
erty to talk about it, nor is he-that        we cannot resolve it, then, as I indi-      lend itself to a peaceful solution. And a
 this is not going to be prolonged. So in    cated last night, cloture could be filed    disquieting end to the siege could be
point of fact, I think we are not really     today and still ripen tomorrow.             the match which sets off the powder
engaged in a process that fairly is             Mr. MITCHELL. Right.                     keg of India/Pakistan tensions.
treating these other people now.                Mr. DOLE. So we will try to accom-          The United States is principally situ-
    So I reiterate, if there is wrongdoing   modate the majority leader's request.       ated to affect a positive solution to the
here, we all are responsible to see that     If there is anything we can take up in      standoff-both at the mosque and the
it is taken care of. I believe the IG will   the interim between now and 1:45, we        larger impasse between India and Paki-
have a report shortly, and I believe it      will try to get consent for that.           stan.
will be dealt with appropriately. I            Mr. MITCHELL. I am advised that we           Several opportunities have recently
think the Senator knows that.                do not have any measure that could be       emerged to make this possible, includ-
    Mr. McCONNELL. Mr. President, let        completed within that short period of       ing the development of the All Party
me just say I hope this is the end of the    time. So, Mr. President, I now ask          Freedom Conference and the election
debate that I thought ended a little         unanimous consent that we have a pe-        of the Benazir Bhutto as Prime Min-
while ago. But the letter I sent to the      riod for morning business with Sen-         ister of Pakistan.
Attorney General of September 1, 1993,       ators permitted to speak therein for up        In previous discussions about a set-
has not been answered.                       to 10 minutes each.                         tlement to the Kashmiri dispute, the
   With regard to the IG report, I cer-        The PRESIDING OFFICER. Without            Government of India stated that it
tainly hope the Senator from Massa-          objection, it is so ordered.                would negotiate only with moderate
chusetts is correct. I hope the IG re-         Mr. MITCHELL. And, Mr. President,         Kashmiri representatives seeking a
port is forthcoming. It might be a ter-      that the morning business period be         peaceful, rather than armed solution.
rific idea for the IG to indicate on what    until 1:45 p.m.                             The All Party Freedom Conference is
date we might suspect to receive that,         The PRESIDING OFFICER. Without            an organization of 27 Kashmiri politi-
and I think that would solve the prob-       objection, it is so ordered.                cal parties ranging across the political
lem.                                                                                     spectrum. Its expressed goal is a peace-
   I thank the Chair.                                                                    ful solution to the Kashmiri conflict.
                                               SIEGE OF HAZRATBAL MOSQUE                 The emergency of this political struc-
                                               Mr. REID. Mr. President, tensions be-     ture and nonviolent platform provide
  UNANIMOUS-CONSENT REQUEST                  tween India and Pakistan are at their       the opportunity to develop a structure
  Mr. MITCHELL. Mr. President, I ask         highest level since the end of the last     for negotiations.
unanimous consent that the Senate            of their two wars. The powder keg             The events that prompt the oppor-
now proceed to Calendar Order No. 260,       which threatens to explode into a.          tunist for initiating dialog among the
27170                                   CONGRESSIONAL RECORD-SENATE                                        November 3, 1993
 three parties to the dispute are the        and voted to consider the McCain           education goals. The Blue Ribbon Pro-
election of Prime Minister Bhutto and        amendment and increase the deficit by      gram is an important way to dem-
 the congratulatory message sent to her      more than 10 times as much money.          onstrate that our Government cares
by India's Prime Minister Rao. Rao's            I have served here 26 years, Mr.        about our children and is committed to
message contained a statement that           President, and I had begun to think        the reform of our education system in
India looked forward to a "comprehen-        that I could no longer be surprised by     order to assure a bright and sustain-
sive dialog with Pakistan to discuss all     the actions of this Senate. But those      able future.
matters of mutual concern, including        back-to-back votes last week astonish
                                                                                          I am proud to commend and con-
issues related to Kashmir."                 me. First we were treated to impas-
                                                                                        gratulate     Hewitt-Trussville     High
   Prime Minister Bhutto's reply was        sioned speeches about the imperative
                                                                                        School for being selected as a Blue Rib-
equally as promising. She stated that,      for deficit reduction through a reduc-
                                            tion in funds for discretionary pro-        bon school poised on the cutting edge
"My government is prepared to engage
                                                                                        of the future in secondary education.
in serious and purposeful discussions in    grams, and then we heard equally im-
order to resolve this issue * * *           passioned pleas for a deficit increase
through peaceful negotiations."             through greater entitlement spending,
  The United States should seize the        and 40 Senators voted for both.
momentum and capitalize on the ges-            I suspect that all Senators, and I         MARS HILL BIBLE SCHOOL: AN
tures of good will by facilitating dis-     know that this Senator, have occasion-       ALABAMA BLUE RIBBON SCHOOL
cussions among the three parties be-        ally strayed from perfect consistency
fore the opportunity fades.                 on the many complex issues that come           Mr. HEFLIN. Mr. President, on Octo-
                                            before us. That is not especially un-       ber 21 and 22, the Department of Edu-
                                            usual. What was striking to me was          cation honored 260 outstanding Blue
      WHY THE DEFICIT WON'T GO                                                          Ribbon schools as part of its national
                                            that these two votes were taken back-
                   AWAY                                                                 recognition ceremonies here in Wash-
                                            to-back, one right after another, and
   Mr. HATFIELD. Mr. President, dur-        therefore starkly illuminated one ex-       ington. Approximately 700 members of
 ing consideration of the unemployment      ample of Congress' inability to reduce      local school delegations from across
 compensation benefits legislation last     the Federal budget deficit.                 the country were here to recognize the
 Wednesday, the Senate's back-to-back                                                   excellence of these junior and senior
 votes on two amendments starkly il-                                                    high schools. One of these Blue Ribbon
 lustrate why reducing the Federal defi-     HEWITT-TRUSSVILLE                 HIGH     schools was Mars Hill Bible School in
 cit is such an intractable problem.           SCHOOL:     AN    ALABAMA BLUE           Florence, AL.
   First the Senate voted on a motion          RIBBON SCHOOL
                                                                                          Mars Hill has roots deep in the soil of
 to waive the Budget Act to make in            Mr. HEFLIN. Mr. President, on Octo-      northwest Alabama culture. It has
 order an amendment offered by Sen-          ber 21 and 22, the Department of Edu-
ator GRAMM. The amendment would                                                         been continuously accredited by the
                                             cation honored 260 outstanding Blue
                                                                                        State Department of Education since
have reduced the statutory cap on dis-       Ribbon schools as part of its national
                                                                                        its founding and by the Southern Asso-
cretionary funding in fiscal years 1995      recognition ceremonies here in Wash-
                                                                                        ciation of Colleges and Schools since
 through 1998 by a total of approxi-         ington. Approximately 700 members of
                                                                                        1971. It is located on 70 acres of land ad-
mately $2.1 billion, the amount Sen-        local school delegations from across
ator GRAMM argued would be saved by                                                     jacent to Cox Creek Parkway, the
                                             the country were here to recognize the
the termination of the superconducting       excellence of these junior and senior      major eastwest loop around Florence, a
supercollider project in his State. Sen-    high schools. One of these Blue Ribbon      city of over 36,000 residents. Although
ator GRAMM stated that his goal was to      schools was Hewitt-Trussville High          the area has suffered economic hard
reduce the Federal deficit. The vote         School in Trussville, AL, a suburb of     times in recent years, Mars Hill's en-
was 58 to 30 in support of the motion to    Birmingham.                                rollment as a private school has re-
waive the Budget Act, 2 votes short of         The strength of Hewitt-Trussville is    mained stable. Nearly all of its grad-
the 60 required to amend the Budget         its responsiveness to student needs and    uates attend college. Over the past 7
Act and change the cap on discre-           community expectations. It has devel-      years, 97 percent of the students have
tionary spending.                           oped a reputation for excellence, based    entered or plan to enter college. Mars
   Immediately after that vote, the Sen-    on its strong academic and extra-cur-      Hill graduates have earned degrees
ate voted on a motion to waive the          ricular programs. Because of the high      from such prestigious institutions as
Budget Act to make in order an amend-       quality education offered at Hewitt-       Harvard, Cornell, Vanderbilt, George-
ment offered by Senator MCCAIN. The         Trussville and its feeder schools, the     town, and Northwestern.
amendment would have eliminated the         Trussville community is experiencing          We often hear about what is wrong
earnings test on Social Security bene-      tremendous growth.                         with our schools. Blue Ribbon schools
fits. Senator MOYNIHAN, the chairman           The faculty and staff at Hewitt-        provide an excellent model of what is
of the Finance Committee, observed          Trussville is comprised of dedicated       right with our schools. They represent
that the effect of the McCain amend-        professionals who keep abreast of cur-     the diversity of American public and
ment would be to increase Federal           rent educational trends and technology     private schools at their best. Many
spending, and thus increase the Federal     to provide students with a state-of-the-   have overcome serious obstacles to
deficit, by $26.4 billion in fiscal years   art education. Through professional ac-
                                                                                       make significant improvements and all
1994 through 1998. The motion to waive      tivities, publications,    and   college   are working hard to meet our national
the Budget Act for consideration of the     course work, teachers constantly up-
                                                                                       education goals. The Blue Ribbon Pro-
McCain amendment also failed, by a          date their methods and materials, ena-
vote of 46 to 51. In those two back-to-                                                gram is an important way to dem-
                                            bling them to respond even more effec-
back votes, Mr. President, I think we                                                  onstrate that our Government cares
                                            tively to the students' unique needs.
                                              We often hear about what is wrong        about our children and is committed to
can discern the nub of our problem
when we attempt to reduce the Federal       with our schools. Blue Ribbon schools      the reform of our education system in
deficit.                                    provide an excellent model of what is      order to assure a bright and sustain-
   Forty of our colleagues, Mr. Presi-      right with our schools. They represent     able future.
dent, from both sides of the aisle, first   the diversity of American public and         I am proud to commend and con-
voted for the consideration of the          private schools at their best. Many        gratulate Mars Hill Bible School for
Gramm amendment in order to reduce          have overcome serious obstacles to         being selected as a Blue Ribbon school
the deficit by $2.1 billion, and then       make significant improvements and all      poised on the cutting edge of the future
turned right around, within minutes,        are working hard to meet our national      in secondary education.
 November 3, 1993                             CONGRESSIONAL RECORD-SENATE                                                               27171
     HONORING U.S. ARMY YOUTH                   Health Statistics released data show-              know, "c'mon in, you're our buddy
                SERVICES                        ing that the rate of out-of-wedlock                now. You're a part of us. We're family
    Mr. GRASSLEY. Mr. President, on             births in the United States increased              now." The gang, it seems, is the only
  the occasion of the 25th silver anniver-      to 29.5 percent in 1991. For whites it             family these children have.
  sary of U.S. Army Youth Services. I           was 21.8 percent, for blacks 67.9 per-                Interspersed among the stories are
  would like to congratulate this fine or-      cent. And matters are almost certain               jarring statistics-"In New York city
 ganization. U.S. Army Youth Services           to get worse. For the last 20 years, the           alone it costs more than $960,000 to
 is an organization whose mission is to         out-of-wedlock rate has increased with-            treat each gunshot victim. * * *"
 strengthen the total Army family by            out interruption. When plotted on a                "Medical care for victims of violence
 providing professionally managed pro-          graph, the annual rates fall along a               now costs this country up to 18 billion
 grams to meet the developmental                straight line, rising at just under 1 per-         dollars a year. * * *" "Being shot is
 needs of youth that enhance quality of         cent a year. At a recent hearing before            now the second leading cause of death
 life and support mission readiness
                                                the Senate Finance Committee, Dr.                 among America's young people. * * *"
                                                Lee Rainwater, one of this Nation's                And we see examples of communities
                                                most respected students of the subject,           responding to the crisis. In San Fran-
    Established in 1968, this organization
                                                predicted that the rate will reach 40              cisco, emergency room doctors call for
 has, over the years, positively im-
                                                percent by the year 2000.                         violence to be defined as a preventable
 pacted the lives of youth before and              Not surprisingly, the most serious
 after school, during school holidays                                                             disease. Salt Lake City has night bas-
                                                problem is in urban America. In New-               ketball games. Raleigh-Durham has
 and vacations, on teacher in-service           ark, Atlanta, Cleveland, St. Louis, and
 days, and even during school closings                                                            mentoring programs.
                                                Washington, DC, two-thirds of all the                 Last year I wrote an article, "Defin-
 due to inclement weather. All of which         children born in 1991 were to unmarried
 contributing to their development.                                                               ing Deviancy Down," for the American
                                                women. In Detroit, it was close to                Scholar in which I argued that the
 They offer youth a chance to build             three-fourths. In these communities,              amount of deviant behavior in Amer-
 within themselves a wealth of positive,
                                                the traditional family has virtually              ican society has increased beyond lev-
 pleasant, magic memories that will             ceased to exist. And it shows.                    els that we are capable of acknowledg-
 strengthen and sustain them through               In 1965, I wrote an article in America         ing. So we have redefined deviancy so
 their childhood and adulthood.                 on this subject. Included was this as-            as to exempt much conduct previously
   The youth services professionals who         sessment:                                         stigmatized. That is what has happened
 are part of U.S. Army Youth Services             From the wild Irish slums of the 19th cen-      to urban violence. Because there is so
have consistently organized school-age          tury Eastern seaboard to the riot-torn sub-
programs and services in a manner                                                                 much of it, we have come to see it as
                                                urbs of Los Angeles, there is one unmistak-       normal. That's why the NBC series is
 that allows youth to have input, in-           able lesson in American history: a commu-
                                                nity that allows a large number of young          so important. It demands from all of us
volvement and ownership, to have a
sense of achievement and recognition,          men to grow up In broken families, domi-           that we stop acquiescing in this devi-
to have opportunities for social inter-         nated by women, never acquiring any stable        ant behavior and do something about
                                               relationship to male authority, never acquir-      it.
action and to contribute to others.
                                               ing any set of rational expectations about             Mr. President, I ask unanimous con-
They have planned, developed and im-           the future-that community asks for and             sent that a transcript of the NBC series
plemented services that benefit youth          gets chaos. Crime, violence, unrest, unre-         be printed in the RECORD.
in terms of personal development,              strained lashing out at the whole social               There being no objection, the tran-
physical development, psychological            structure-that is not only to be expected; it      script was ordered to be printed in the
health, positive values, self-expression,      is very near to inevitable. And it is richly de-
                                               served.                                            RECORD, as follows:
learning, and social growth.
                                                                                                              SOCIETY UNDER SIEGE
   Further, through provision of leisure          Charles Murray makes much the
                                                                                                                MONDAY, OCTOBER 4
services for youth, they have promoted         same point in an October 29 article in
                                               the Wall Street Journal. Had we been                   America Close up now: Society Under
positive democratic values such as re-                                                              Siege. Tonight we begin a week-long series
sponsibility, individuality, diversity,        asked in the mid-1960's to imagine a so-             of reports on the problem of violence among
leadership, respect for others, and            ciety in which out-of-wedlock births                 young people-spiralling out of control.
teamwork.                                      had reached today's levels, he writes,                 Arrests of Individuals younger than age 18
   This November 1993, as Army Youth           our prognosis would have been somber:                for murder, assault, rape-up from more
Services professionals meet at the Uni-           * * * if the proportion of fatherless boys in     than 58 thousand a year to more than 87
versity of Northern Iowa to commemo-           a given community were to reach such lev-            thousand. A 50-percent Increase in just four
rate their silver anniversary and to           els, surely the culture must be "Lord of the        years.
                                              Flies" writ large, the values of unsocialized           Murder victims age 19 and under-thou-
further enhance their knowledge and                                                                sands of them. An increase of 54-percent in
                                              male adolescents made norms-physical vio-
skills related to youth, we salute them.      lence, Immediate gratification and predatory         ten years.
The U.S. Army, and its families, have         sex.                                                    This week, we'll visit four American cities
been strengthened and enhanced by the                                                              facing these problems, and searching for so-
                                                  And indeed that is what we have got.             lutions.
work of this organization and the men             Recently, NBC broadcast a five-part
and women who are a part of it.                                                                       Tonight: Salt Lake City, Utah. A city you
                                              series, entitled "Society Under Siege"               might think was free of this kind of youth
                                              which focused on the growing violence                violence. Think again. NBC's Roger O'Neil
                                              among young people in this country.                  reports.
 IRRESPONSIBLE CONGRESS? HERE                                                                         Nat Sot-(cops break down the door) it was
                                              The series reports on events in Salt
       IS TODAY'S BOXSCORE                                                                         a wakeup call-for the gangs and for the
                                              Lake City, UT, Topeka, KS, San Fran-
  Mr. HELMS. Mr. President, the Fed-                                                               community. In a metro wide police crack-
                                              cisco, CA, and Raleigh-Durham, NC,                   down beginning before dawn today-salt lake
eral debt stood at $4,432,981,908,566.84 as   places not normally associated with                  city police arrested 27-suspected gang mem-
of the close of business yesterday,           the worst urban violence. In Salt Lake              bers.
Tuesday, November 2. Averaged out,            City, we hear about a child gang called                This weekend, enforcement of a teen cur-
every man, woman, and child in Amer-          Tiny Toons which has members as                     few law was stepped up-authorities are try-
ica owes a part of this massive debt,         young as 7. NBC's Roger O'Neil reports              ing to take back the streets from the 185-
and that per capita share is $17,258.43.      that Salt Lake City's officials say the             gangs and 17-hundred youths they have iden-
                                                                                                  tified as gang members or wanna-be's. the
                                              gang problem is not about race and has              population of salt lake is less than 750-thou-
                                              very little to do with drugs. Instead,              sand.
      VIOLENCE IN AMERICA                     "kids are in gangs because they need a                 Just 4-years ago-the cops weren't even
 Mr. MOYNIHAN. Mr. President, 2               sense of self-esteem, a sense of being.             tracking gangs, but then-they weren't los-
months ago, the National Center on            They get that from the gangs. You                   ing this war.
 27172                                         CONGRESSIONAL RECORD-SENATE                                                  November 3, 1993
      Sot-Lt. Jim Bell (40-46) Salt Lake City     at a Sacramento, California bus station . .            Let's get some people involved with the
    Police. "We can arrest em and charge em and   two children ages 12 and 13 . . . shot and left        youth of our community. If the youth are
    send em through the system, but they're       to die.Police are looking for the killer.              causing the problem-what can we do with
    back out on the street generally before the                  TUESDAY,  OCTOBER                       them." One solution is the Topeka youth
    officer can get his paperwork done."             On America Close Up tonight... we con-              project.
      Until this summer-most people here de-      tinue our week-long series: Society Under                 Sot:In:13:10:45 "One of you all go up on the
   nied their city had a gang problem, then       Siege. A look at the rapidly increasing prob-          ladder." Run by a former Chicago gang mem-
   they heard about a child gang called "tiny    lem of youth violence. Statistics tell part of          ber-Darryln Johnson-it trains 16 to 20-
   toons" and kids as young as 7.                the story:                                             year-olds for employment.
      Sot-spray painting, stealing stuff from       For example . . . being shot is now the sec-            Sot:In:13:19:33 "I joined when I was 15, got
   people, robbery, and they were shocked when   ond leading cause of death among America's             shot when I was 17, then I was pretty much
   a high school football star was charged with  young people. Only car accidents claim more            rock bottom and my mom heard about
   killing another teen.                         lives.                                                 Darryin and he's been helping ever since."
      Finally in Sept--at the family oriented       And the problem of gang violence . . . re-             Sot:In:15:01:15 "Some of this stuff is just a
   state fair-another shooting.                  ported in 10 cities in 1981. Ten years later it's      shock. And when you're shocked the next
      Nat Sot-(vendor at fair) "He just reached  much, much worse.                                      thing you need to do is educate yourself so
   down and shot the kid."                          This week, we look at four American cities          you and others around you don't become vic-
      In the 1st 9-months of this year-more      trying to find solutions. Tonight, NBC's               tims." That shock kept Topeka from react-
   than 3-thousand gang related crimes-that's    Dawn Fratangelo reports from Topeka, Kan-              ing quickly. Now it's scrambling for solu-
  almost double for all of last year. Officials  sas. One city that didn't use to have a gang           tions. There is talk of a curfew, more police
   say the gang problem in salt lake is not      problem. One where violence now takes a                precincts-anything to keep more young peo-
  about race and has very little to do with      terrible toll.                                         ple from ending up here.
  drugs.                                            Sot:In:2:40 "They remember her, how she                Sot:In:8:06:56 (Nat Sot of Kid looking at
      Sot-Craig Trujillo (1:31-1:40)      "Youthwas, the smile she always had on her face."            tombstone). "It's a beautiful tombstone."
  Works" board member. "Kids are in gangs           Sot:In:l:ll:29 "They strangled her and beat        For America Close Up, Dawn Fratangelo,
  because they need a sense of self esteem, a   her patch and took her car."                           NBC News, Topeka Kansas.
  sense of being. They get that from the gangs.     Sot:In:1:ll:00 "It was the most devastating,           And of course it's not just Topeka. City
  You know, 'C'mon in, you're our buddy now.    horrific thing that's ever happened to this            buses in Portland, Oregon now have armed
  You're a part of us. We're family now."       family and always will be.                             guards after two girls, 13 and 14, were wound-
     Sot-Anousak Kaykeo (1:41-1:46) Former          Last April-Violence shattered the Gard-            ed in a gang shooting. And in Los Angeles,
  gang member: "I just needed someone to        ner family when their 16-year-old daughter             the school board voted this week to require
  turn to . . . like my second family. That's   and sister, Mandy, was murdered.                       police patrolling city schools to wear uni-
  what a gang is."                                  Sot:In:l:06:15 "The kids that did this to          forms in hopes of deterring violence there.
     Roger O'Neil (1:47-2:03 NBC News. "In Salt Mandy in jail joked and laughed. In the                Tomorrow night: San Francisco. Same prob-
  Lake City, the Mormon Church Is unques-       courtroom they laughed about it. I don't               lems, different solutions.
  tionable the most powerful institution. In    know if they know they killed a human                                 WEDNESDAY,    OCTOBER 6
  the past, it has taken positions on every-    being."                                                    America Close-up tonight, Society Under
  thing from abortion to women in the work-         In this Prairie city of 120-thousand,
                                                Mandy's family Is not the only one touched             Seige. . . continuing our special series on
  place to drinking coffee. But on the issue of                                                        the growing violence among young people in
  kids, gangs, and guns-the hierarchy of the    by violence. Just visit the local cemetery.
                                                    Sot:In:7:13:08 "Well, Amanda, of course-           this country. The numbers tell part of the
 LDS Church has been remarkably silent.                                                               story.
     In a written statement to NBC News,        16."
                                                    Sot:In: "She was killed over a car. There's            For example, medical care for victims of
 church officials said "those members who                                                             violence now costs this country up to $18 bil-
 chose to ignore the laws . . . may be placing  a 17-year old over here that was killed for a
                                                car. An 18-year old that was killed over this         lion dollars a year.
 their church membership in jeopardy." Oth-     way over a 50-dollar argument. It just goes               In New York City alone It cost more than
 ers-are beginning to offer solutions. Tomor-   on and on.                                            96-hundred dollars to treat each gunshot vic-
 row, the mayor will ask city council to get       Sot:In: 8:00:39 "He was murdered in a house        tim. Last year the City had almost six thou-
 tough.                                         by one of his friends. It was a dare to shoot         sand of them.
     Mayor Dee Dee Carradini (2:20-2:23) Salt   him and he shot him, five times."                         Of course the cost of youth violence is not
 Lake City. "We've got to get guns out of the      Sot:In:9:07:46 "He Just didn't take one life.      just measured in dollars. In many cases vic-
 hands of our kids and second we need beds.     He took a whole family, (mother and father            tims pay the highest price. Something we've
 We can arrest these young people, but          sob) Since January-There have been 105                seen in all four cities we're looking at this
 there's no place to put them."                 shootings and 18 murders in Topeka. Most              week. Tonight, San Francisco and the view
     A special session of the legislature will  committed by people under age 20. Only five           from the emergency room. NBC's Margaret
 take on guns & gangs when it meets next        years ago-there were just eight homicides.            Larson.
 week.                                             Sot:In:15:19:28 "Gangs, drugs, violence.               San Francisco general hospital. Nats up:
     Nat Sot . . . (b-ball team brakes huddle)  They are nothing new to this area. But many           One of these stab wounds went into his chest
 "1,2,3 . . . defense" preventative solutions toadmit Topeka ignored them, was afraid to              and partially collapsed his lung; 19-year old
joining a gang are just beginning in salt       admit they were creeping into this small              Davis Avilar was stabbed repeatedly near the
 lake. Night basketball, which seems to work    Midwest city. That denial has the city in a           heart with a screwdriver.
 in other cities, has started, and a new, job  race to catch up."                                         Sot: His blood pressure is dropping; Dr.
 training program is underway. Experts say         Sot:In:10:19:00 "You're not carrying any           Geno Tellez, a trauma surgeon, is battling to
 offering kids a carrot rather than the stick  gun? Positive." Anti-crime units which                 keep Avilar alive. It's a scene played out
 Is a lot more effective.                      began a year ago are targeting high risk               daily in the city's mission district, where
     Sot: v <Miles Kinikini/Former Gang        areas with operations like this one.                   gang violence is an entrenched way of life.
member> 2:46-2:53. They need attention, they       Sot:In:ll:10:07 "Do you think this satura-             Sot: We get angry, we get mad, we kill one
need love, and that's something the commu-     tion is working? In this area, yes. It's defi-        of them, they kill one of us, It doesn't stop.
nity has got to offer. And it's a long way to  nitely working. Anytime you saturate an               In the first six months of this year, 15 juve-
go, but they gotta offer it.                   area with tons of cops, It's definitely going         niles have been arrested in murder cases
  Sot . . . (no id . . . Trujillo again) "You to have an impact on crime."                           here, just one arrest short of the total for all
just can't lock everybody up. I mean you're        Gangs from Chicago and Los Angeles were           of 1992.
not dealing with just a few young boys. looking for new recruits-both black and                           Sot: (q) There are more and more kids get-
You're dealing with girls. You're dealing white. But in Topeka? Within a matter of                   ting arrested, more of you getting killed,
with kids as young as 6 years old. How you years-it hardly seemed like Kansas any-                   where does that stop? It doesn't stop, nation-
going to lock up a 6-year old?                 more.                                                 wide, violence is the leading cause of death
  Even if locking them up was the solution-        Sot:In:ll:17:05 "People have to realize that      and disability for people 15 to 34 years old.
this city doesn't have the jail space. Most of Dorothy is still Dorothy, but now she's car-               Standup: on the basis of those figures, vio-
the juveniles rounded up this morning are rying a gun and Toto's no longer a terrier,                lence among young people is now being con-
back on the streets tonight.-For America he's a rottwelller and he's here to bite and                sidered a public health issue, and it's being
close-up-Roger O'Neil, NBC News, Salt that's the way Kansas has turned." The ag-                     called an epidemic.
Lake City.                                     gressive new police chief wants to turn                    Sot: I think if nothing is done it will keep
  And these notes: In Queens, New York, around that image-but needs help.                            escalating and we'll definitely just destroy
today . . . an 18-year was the victim of a         Sot:In:4:03:59 "Let's don't just say we're        ourselves. So Dr. Tellez is exploring a dif-
drive-by shooting. The killer, unknown. And gonna put more police officers out there.                ferent approach . . . treating violence not
 November 3, 1993                               C:ONGRESSIONAL RECORD-SENATE                                                                    27173
   just as a crime . . . but as a preventable dis-       of towns like us, and I don't know if America     in America this week. We know that violence
   ease. He says public health education can             knows that." It is not one of the country's       has reached epidemic proportions-six kids a
   make a difference . . . similar to the attack         largest urban areas. It is Raleigh Durham         day are dying from gunshots. It's the number
   on smoking, drunk driving or                          North Carolina. The land of good jobs, good       one cause of death for young black males,
      Sot: you need to get involved and get out          schools and safe streets. For most-it is an       and it's everywhere. What we learned this
   there . . . funded with A small part of a 30-         Image the area enjoys: the Fortune 500 Com-       week Is that violence among the young is
   million dollar grant from the non-profit              panies who moved here and brought thou-           not just a big-city problem. Topeka, Kansas
  California Wellness Foundation, Dr. Tellez             sands of families who, in turn, bought thou-
  recruits other physicians for community                sands of nice homes.                                  Unidentified Man: There's a 17-year-old
  outreach programs. He also spends time in                Many, in this region of 3/4-million people,       over here that was killed for a car, an 18-
   the mission district sharing information              came here to get away from big-city life.          year-old over this way that was killed over a
  with social service experts and developing a           They did not expect this: in the years 1985to      S50 argument.
  support network for young violence victims             1991, the number of juveniles arrested for            BROKAW:   It's also going on in Salt Lake
  after they've left the hospital.                       violent crime jumped 103 percent.                   City, Utah, Raleigh-Durham, North Carolina.
      Sot: My concern is to follow these kids to           Last year alone, 28-thousand assaults were          Ten years ago, gangs were in 10 American
  find out where they are going and where they           reported in North Carolina schools, resulting      cities; now, they're in 125 cities. Commu-
  are headed, he also wants children to know             in suspension, or arrest. "Some of you get         nities are trying everything to cut down on
  that violence on the streets isn't Hollywood           mad at me because you are here. I'm not the        the carnage. In Topeka, cops on bikes. In Ra-
  make-believe.                                          reason why you're here."                           leigh-Durham, where violent crime is up
      Sot: It does hurt and you do not get up off          Sheriff John Baker can tell you all about        more than 100percent in six years, adults are
  the street and walk away...                           those numbers. He's surrounded by them. His         taking on children headed for trouble.
      Sot: It hurts and it hurts badly they are         county jail is over capacity . . . and no one         Unidentified Doctor: One of the stab
  extremely unaware of how bad it really is.            In this group is over 17. "I never dreamed          wounds went into his chest and partially col-
  Dr. Tellez and his colleagues see the worst of        that some of the crimes that are committed          lapsed his lung down.
  it, and that's moving many health workers             elsewhere would be committed here. But it's           BROKAW:In San Francisco, the medical
  toward activism and a demand for health               here and it's real ... it's reality."               community is treating violence among the
  care reform to include violence prevention               The Oxford Manor housing project in Dur-         young as a public-health problem. If there is
  programs.                                             ham . . . s home to poverty, violence, and          a common theme, it is that too many young
      Sot: They don't like treating a little four       the children who live with it. At night, the        people grow up with no sense of right and
  year old who's been shot in the stomach with          often heavily-armed drug dealers take over          wrong; too many young people grow up with
  five nine-millimeter bullets and when you                 . and patrolman Charles Soles does his          violence as a routine part of their lives; too
 get that kind of perspective outside of the            best.                                               many young people have no one to turn to if
 hospital into the policy arena that has force.            "Its very, very depressing to be arresting a     they want another way of life. Tonight, we
 But they all know it's an uphill battle. As            15-year-old kid with shooting a gun at              want to talk about this with two people who
 Geno Tellez scrubs for surgery on one victim,          school. I arrested an 8-year-old one time up       have been powerful lights, and blared loud
 more arrive downstairs.                                here at a school with a gun, and he was get-       noises. But several of the negotiators said
      Sot: (beeper) We got something else com-          ting ready to pull it on us."
 ing in. Tellez believes the medical commu-                                                                 those tactics disrupted the progress of their
                                                           This is visitor parking at Raleigh's East       work, in effect, punishing Koresh after he let
 nity can offer some solutions in the war on            Wake High school ...        and the visitor is
 violence, but he also knows it's a war that,                                                              some people leave the compound. With con-
                                                       armed. A deputy sheriff walks the halls             tinued negotiating, the report says more
 so far, we are losing.-For America Close-up,          every day . . . since fighting here got out of      people might have left voluntarily. But a
 Margaret Larson, NBC News, San Francisco.             hand.
     It's not just California. In Florida, teen-                                                           former government prosecutor concludes
                                                          "I'm embarrassed to say there's a deputy         that David Koresh would never have come
 agers stand accused of killing a foreign tour-        sheriff roaming the halls of my school. But
 ist. Police announced today that four boys-                                                               out.
                                                       its better now."                                       Mr. Edward Dennis (Former Federal Pros-
 ages 13 to 16-are under arrest for the murder            At nearby Millbrook High School, the off-
 of a British man at a highway rest stop near                                                              ecutor): In a last, fatal act of manipulation,
                                                       campus shooting death of a student in April         he choreographed his own death and the
 Tallahassee last month. Tomorrow night,               left the guidance counselor questioning her
 searching for solutions in North Carolina.                                                                deaths of most of his followers. This was the
                                                       own safety.                                         final act of a man who held himself out to be
                THURSDAY,  OCTOBER  7                     "I never thought 20-years ago that I would       God.
     America Close-up tonight .. . we continue         be in a profession where I would be scared or          WILLIAMS: The report finds no evidence of
our week-long special serles-Society Under             I would have fear, or I would check that my         child sexual abuse during the standoff. At-
 Seige. A look at the growing problem of vio-          life insurance policy was paid off."                torney General Reno was told there might
lence among young people. The statistics                  "Everybody Is concerned and many of              have been when she was briefed on plans for
tell part of the story.                                them are scared. We've got to do something         the raid. This isn't the last we'll hear of
     For example: 75-percent of America's teen-        about it. We can't ignore this anymore."           Waco. In January, 11 of Koresh's followers go
agers say being threatened with violence in               The Governor says the answer is getting to      on trial, some of them charged with killing
school Is a problem.                                   children and preaching anti-violence before        four federal agents this spring. Pete Wil-
    And many times . . . the threats involve          they're five years old.                             liams, NBC News, Washington.
deadly force. Young people bring an esti-                 Sheriff Baker says the answer is teaching           BROKAW:When Nightly News continues,
mated 270-thousand guns to school every               discipline at home, and not at school . . . or      America Close-up-Society Under Siege. We
day.                                                  in jail.                                            wrap up our special series on youth violence
    Tonight .. the fourth city in our series              And Gloria Vaca says the solution is what
    .    Raleigh-Durham, North Carolina. A                                                                in this country with some tough talk about
                                                      she's doing: finding enough adults to watch         a tough problem.
place where some caring adults are trying to          over the children who are in danger.                  TOM BROKAW, anchor:
rescue a generation. NBC National Cor-                    That's too many children to count, right
respondent Brian Williams.                                                                                  Tonight, Society Under Siege, our America
                                                      now. For America CloseUp, Brian Williams,           Close Up series on violence among the young
    Gloria Vaca is trying to save the children        NBC News, Raleigh Durham, North Carolina.
of Durham.                                                                                                in America this week. We know that violence
                                                          And of course it's not just North Carolina.     has reached epidemic proportions-six kids a
    "Why don't you go home and tell your              Last night in Buffalo, New York, a 16-year-
mother about this. She knows about it? She                                                                day are dying from gunshots. It's the number
                                                      old was shot to death during a fight between        one cause of death for young black males,
knows about it . ."                                   2 groups of boys. Even after the shooting the
    Gloria Vaca's job is to save kids from one                                                            and it's everywhere. What we learned this
                                                      fight continued. Police think it was the trag-      week is that violence among the young is
of the roughest neighborhoods in the coun-           Ic result of a "turf" war.
try. She knows all the little ones . . . and                                                              not just a big-city problem. Topeka, Kansas
                                                          Tomorrow night, tough problems, and
can tell you which of them aren't likely to          some tough talk on solutions.
see the age of 16.                                                                                          Unidentified Man: There's a 17-year-old
    "I have a program that can help your kids                      FRIDAY, OCTOBER 8                      over here that was killed for a car, an 18-
                                                       BROKAW:When Nightly News continues,                year-old over this way that was killed over a
  Gloria finds adult mentors for children in         America Close Up-Society Under Siege. We             S50argument.
trouble. Often, that means taking them to            wrap up our special series on youth violence           BROKAW:   It's also going on in Salt Lake
her house at night . . . because for them,           In this country with some tough talk about           City, Utah, Raleigh-Durham, North Carolina.
home is often too dangerous.                         a tough problem. Tom Brokaw, anchor:                   Ten years ago, gangs were in 10 American
  "Durham is a particularly bad town for               Tonight, Society Under Siege, our America          cities; now, they're in 125 cities. Commu-
children and I would dare say there are lots         Close Up series on violence among the young          nities are trying everything to cut down on
    69-059 0-97 Vol.139 19)9
 27174                                          CONGRESSIONAL RECORD-SENATE                                               November 3, 1993
    the carnage. In Topeka, cops on bikes. In Ra-       citizens, but they are not violent. Right,       the Chief of Naval Operations and as
    leigh-Durham, where violent crime is up            children do need fathers. Children need an        Deputy Director for Intelligence and
    more than 100 percent in six years, adults are     extended family. They need recreation pro-        External Affairs at the Defense Intel-
    taking on children headed for trouble.             grams. They need a society that's going to        ligence Agency. Vice Admiral Tuttle
      Unidentified Doctor: One of the stab             love them and raise them. And if any one
                                                       part of it isn't perfect, which is always the    was the naval inspector general from
    wounds went into his chest and partially col-
    lapsed his lung down.                              case, other parts of the society and of the      August 1984 to November 1985, after
      BROKAW:In San Francisco, the medical             family and of the school can take up the         which he was Deputy and Chief of Staff
   community is treating violence among the            slack.                                           for the Commander in Chief, U.S. At-
   young as a public-health problem. If there is          What we have now, I think, more than a        lantic Fleet. In May 1987, he was as-
   a common theme, it is that too many young           breakdown in families, is a breakdown in         signed as Director, Command, Control,
   people grow up with no sense of right and           community. We have a society that pro-           and Communications Systems, the
   wrong; too many young people grow up with           motes violence, that encourages violence. We     Joint Staff. From May 1989 to Decem-
   violence as a routine part of their lives; too      have people who make money off of violence.
   many young people have no one to turn to if        They sell guns. They sell movies, teaching        ber 1993, he served as Director, Space
   they want another way of life.                     our children that violence is the way to solve    and Electronic Warfare.
      Tonight we want to talk about this with         problems. So it's more than a family issue.          The vice admiral's consummate lead-
   two people who have been studying the prob-           BROKAW: Bill Bennett, let me ask you           ership, revolutionary vision, and unre-
   lem of violence among the young in Amer-           about the drug situation. You were the drug       lenting energy and resourcefulness
   ica. Dr. Deborah Prothrow-Stlth is a Dean at       czar. A lot of these gangs are fueled by          have marked him as a national asset,
   the Harvard School of Public Health and au-        drugs. Looking back, do you think it would        both within military and civilian cir-
   thor of "Deadly Consequences," a study of          have been better to spend more money on           cles. Throughout his career he has
  violence among the teen-agers in this coun-         education and less money on interdiction,
  try. And Bill Bennett, former secretary of          which has not worked very well?                   brought a spirited enthusiasm for im-
  education and drug czar in the Reagan and              Mr. BENNETT: No, no. I think you've got to     provement in efficiencies saving the
  bush administrations.                               keep the money coming. We spend more              taxpayer millions while modernizing
     Dr. Stith, let's begin with you. Let me ask      money on everthing, and I think you've got        the fleet. Forthright and direct, he has
  you, we have seen a rising curve of violence        to continue that effort. But let's-let's re-      bypassed roadblocks and raced toward
  In this country. Is there any good news out        member the juvenile justice system has bro-        the goalpost in every endeavor he has
  there?                                              ken down. We don't have a system in which         pursued. His steadfast loyalty to the
     Dr. DEBORAH    PROTHOW-STITH (Harvard Uni-       kids put in a lot of time in prison. The juve-    Navy and the Nation have colored him
  versity): Well, I think there is good news out     nile justice system needs to be reformed.
  there. I travel all over the country, and I'm          Let me just come back to the point. Com-       a patriot of immeasurable esteem. Vice
  impressed with the number of parents, teach-       munities are important, but the most impor-       Admiral Tuttle has directly contrib-
  ers, outreach workers, teens themselves who        tant community for the child is the family.       uted to the readiness and success of our
 are struggling with this issue, who have            And if we don't get-make that institution         Nation.
 started programs, using videotape, using cur-       stronger, we're going to keep repeating more         Vice Admiral Tuttle's distinguished
 ricula in the schools, doing midnight basket-       and more of this.                                 awards include the Defense Distin-
 ball, doing street outreach work; a number              BROKAW: Bill Bennett, Dr. Deborah             guished Service Medal; Defense Supe-
 of people. Just-people have decided that            Prothrow-Stith, I can assure you that we'll       rior Service Medal; Legion of Merit, 4;
 we've got to do more than lock kids up, and         have you back, because we have a commit-
 they are really taking that to heart. I think       ment to talk about this subject in the weeks      Distinguished Flying Cross, 3; Meri-
 we are on the verge of a groundswell, really,       to come here on Nightly News. Thank you           torious Service Medal, 2; Air Medal, 23;
 of a national movement to prevent violence          both very much tonight.                           and the Navy Commendation Medal, 4.
 in our relationships.                                   Dr. PROTHROW-STITH: Thank you.                   A man of Vice Admiral Tuttle's tal-
     BROKAW:   And Bill Bennett-in North Caro-           Brokaw: Thank you.                            ent and integrity is rare indeed. While
 lina tonight-a lot of people do want to lock                                                          his honorable service will be genuinely
 up more kids, but the jails are already full.                                                         missed, it gives me great pleasure to
 Is there a role for the federal government in         TRIBUTE TO VICE ADM. JERRY O.
                                                                      TUTTLE                           recognize him before my colleagues,
 coming up with more pro-programs to head
 off violence in the first place?                                                                      and to wish him "fair winds and follow-
                                                        Mr. WARNER. Mr. President, I rise              ing seas," as he concludes a long and
     Mr. BILL BENNETT (Reagan Cabinet Sec-
 retary): Yeah, I think there is role, Tom.           today to recognize and honor Vice                distinguished career in the U.S. naval
 Video efforts, curricular efforts, midnight         Adm. Jerry Tuttle, U.S. Navy, as he re-           service.
 basketball are all fine, but these kids need,       tires upon completion of over 38 years               Mr. MITCHELL. Mr. President, I sug-
more than anything else-it's parents. And            of faithful service to our Nation.                gest the absence of a quorum.
what these boys that we have been seeing all            A native of Hatfield, IN, he was se-              The PRESIDING OFFICER.            The
week on your show need-we've been watch-             lected for the Naval Aviation Cadet               clerk will call the roll,
ing--are fathers. And we-a lot of them don't         Program after earning recognition as                 The bill clerk proceeded to call the
have fathers. You go back into the history of        the honor recruit at enlisted recruit
these children, you will find there is not a                                                           roll.
good strong male presence in their lives.            training in 1955, designated a naval avi-            Mr. BIDEN. Mr. President, I ask
     Now what does the federal government do         ator and commissioned in October 1956.            unanimous consent that the order for
about that? It can't supply male role models,           Vice Admiral Tuttle, a Navy Gray               the quorum call be rescinded.
but it can think about its policies in welfare;      Eagle, has performed in a consistently               The PRESIDING OFFICER. Without
it can think about its policies toward the           outstanding manner under the most                 objection, it is so ordered.
family, in terms of taxes; and it can think          challenging of circumstances. His ca-                Mr. BIDEN. Mr. President, I under-
about educational policy. But the fundamen-          reer has included assignments to the              stand that we are in morning business.
tal issue, I think, is to recognize that civili-     staff of the commander, Naval Air
zation does not come in our genes; it has to                                                              The PRESIDING OFFICER. The Sen-
be taught, and it has to be learned. And that        Force, U.S. Atlantic Fleet; Attack                ator is correct.
requires the basic social institutions to be         Squadrons 44, 15, 112, 174, and 81; Fight-           Mr. BIDEN. I ask unanimous consent
stronger than they are today.                        er Squadron 112 and the Office of the             that I be able to proceeds as long as
     BROKAW: Prothrow-Stith, should there
               Dr.                                   Chief of Naval Operations. He has                 necessary in morning business.
be more outrage within the community                 served as aide and flag lieutenant to               The PRESIDING OFFICER. Without
about what is going on with too many moth-           the Commander in Chief, U.S. Pacific              objection, it is so ordered.
ers having babies at too early an age and fa-        Fleet, he has commanded Attack
thers not around?                                    Squadron 81, Carrier Air Wing 3, re-
    Dr. PROTHROW-STITH: Well, I think that's                                                           THE CRIME BILL
an important factor. But I think it's impor-         plenishment ship U.S.S. Kalamazoo
tant to know that no one factor is going to          (AOR-6), aircraft carrier U.S.S. John F.   Mr. BIDEN. Mr. President, it seems
solve this problem. I mean, there are many,          Kennedy (CV-67), Carrier Group 8 and that we have been here before. For over
many men raised by single mothers in this            Carrier Group 2/Battle Force 6th Fleet. 2 years now as chairman of the Judici-
society who are not only decent, productive          He has served as Special Assistant to ary Committee I have been trying to
 November 3, 1993                          CONGRESSIONAL RECORD-SENATE                                                        27175
  get an opportunity for a vast majority        their lifestyle in the last several years     very late at night, and I start down,
  of my colleagues who wish to fashion          because of the fact that they are afraid      and one of the floor staff of the Ser-
  and vote on and pass an anticrime bill        that if they conduct themselves as            geant at Arms says, "We will get you a
  to the floor and to be able to vote on it.    they normally have, whether that              ride down in a car." I said, "It is only
     My distinguished Republican friends,       means going to the Super Fresh on Fri-        four blocks, I will walk down." He said,
  none of them are here at the moment,          day evening to get the groceries, or          "You cannot do that." I said, "I have
  understandably, have for 2 years suc-         whether it means going to the auto-           been doing this for a long time." This
  cessfully-not quite 2 years, I guess it       matic bank teller on the way out on a         is in the late spring of this year. He
  is now probably a little over a year and      date for my sons, and/or my wife and I        said, "Well, the reason you cannot do
  a half, depending on where you begin to       to go to the movies. We now do not go         that in clear, lighted areas is that in
  figure that they have attempted to pre-       to the automatic teller after dark.           front of the Hyatt Hotel a Congress-
  vent us from voting-our Republican               We found out that it does not matter       man was coming out of a reception,
  friends who say they are concerned            whether we go after dark or in the            and he got stabbed and beaten up and
  about the rising tide of violence in          light of day. There are the same              thrown in the gutter."
  America have opposed us being able to         amount of crimes. This past weekend,             I said, "Wait a minute. You walk
 proceed to and vote on the crime bill.         my wife tells me we are not going to do       through beautiful parks and the na-
    Mr. President, we were supposed to          the shopping on Friday nights any-            tional Capitol to get to a local hotel, a
 start on the crime bill today. We were         more. This is in a middle class neigh-        first rate chain hotel, the Hyatt, with
 supposed to start on the crime bill last       borhood where the crime rate is not           security and lights and everything
 week. As a matter of fact, there was           particularly high, and they now have          around it, and I cannot walk there any-
 even talk we were going to start on the        guards in the suburban shopping center        more?' So they were kind enough to
 crime bill 2 weeks ago.                        that is in a relatively affluent area, so     provide a driver to take me down-
    Many of my Republican friends, in-          that women and men can get from               under some duress. It got to the point
 cluding the distinguished Senator from         their cars to the grocery store and           that the staff was so concerned, it was
 Utah, and others, have worked very             back out to their cars. My wife says, "I     not worth the fight. So I got in the car
 hard to fashion the crime bill and dis-        am going to do that during the day,          and rode down.
 cuss the crime bill. And so I want to be       and I am changing where I am going to           The fellow driving me down for my
 very blunt as to why I am beginning            shop. I am going up to a place on Con-       safety works for either the Senate or
 my opening statement on the crime              cord Pike,"-Route 202 where I live-           the police, or Sergeant-at-Arms, I am
 bill that is before us which I am not          and I am going to do it in the after-        not sure which. He is a wonderful fel-
 going to call up at this moment be-            noon."                                       low. I have seen him around for 15
 cause I have been informed that we do             Last Sunday after mass, she goes off      years. I said, "Is this really nec-
 not have permission to move to, to use         to the Super Fresh-I think that was          essary?" He said, "I am afraid it is."
 the Senate terminology, move to the            the particular store on the Concord          He said, "I was going home two nights
 crime bill, that our Republican friends        Pike in my little town of Wilmington,        ago, and I stopped into the local con-
 are again I guess at this moment de-          DE-at 1 o'clock in the afternoon and          venience store in my neighborhood."
 bating whether or not they are going to       does what every father and mother has         And he described it in the Washington
 grant us permission under the rules to         to do, which is go get the order for the     area. By the way, this is not just here,
 proceed to debate the crime bill that is      weekly groceries, and pays an incred-         it is all over America. He said, "I
 at the desk.                                  ible amount of money. I do not know           pulled up to a self pump gas station"
    I guess there are seven or five filibus-   how people do it when I look at what it       like up our way; every locality has dif-
 ters that our Republican friends have         costs. She gets the order, with literally     ferent kinds and names of these places.
 going here, and I guess one filibuster is     20, 30, 35 bags sometimes, a lot of bags      But it is a convenience store and gas
 as good as another. But the unfortu-          of groceries, loads them in the back of       station, and you pump your own gas.
 nate thing Is that this filibuster if it      the car and leaves feeling safe.              He says, "I am getting out to pump my
 occurs and turns into a filibuster, and          Later that afternoon, in broad day-        gas, and there is a guy who walks from
 that is not certain yet, all we know is       light, 4 o'clock in the afternoon, over       behind the pump and pulled her out of
 we do not have permission to move to          the radio-and my wife has been home           the automobile after she finished
 the crime bill now under the Senate           an hour and a half. I helped her unload       pumping her gas, and he takes her car.
 rules-if we are prevented from doing          the groceries, and we are sitting there       As a former police officer, I chased the
 so, for the next couple of days, I will be    talking with the radio on in the kitch-       guy. He ends up spinning out the car,
 put in the position a little bit like I       en, a local station. At that very Super       and I have the car trapped, so I get out
 was in the Dellinger debate-he has            Fresh, we find out that two kids              of my car. He rolls down the window
 now been confirmed by the Senate-of           walked in with handguns, or semi-as-          and says, "Hey, man, you do not want
 making my statement in behalf of Mr.          sault weapons, and randomly shoot two         to do this." He reaches in a seat, and
 Dellinger in the wee hours of the morn-       people and hold up the whole Super            he has a semiautomatic weapon. And I
 ing and without anybody on the floor.         Fresh. I think it is the Super Fresh. I       said, "You are right, no problem, I do
    (Mr. KERREY assumed the Chair.)            want an opportunity to be able to cor-        not want to do this." He stepped back,
    Mr. BIDEN. So what I am going to           rect the RECORD if I have the wrong           and the guy drives away.
 do-and I realize it is a bit unusual-is       store, but it is not relevant to the             I was in one of our major cities. I was
I am going to make my opening state-           story.                                        there because I have had a wonderful
ment on the crime bill, whether any-              So people are afraid, and with good       relationship for the last 20 years with
body likes it or not. Because the fact of      reason. When I am here at night-I             the police organizations of this coun-
 the matter is, I think there is-and I         commute every day back and forth to           try. They are always very kind and
have been saying this for years now-           my home State. I have the luxury of          generous to me in their compliments
no subject of greater consequence to           being able to do that, as it is only a       and support when I am in other cities.
the American public in their imme-             250-mile round trip commute. Other           I am making a speech in one of the five
diate lives than us dealing with the           people could not possibly do that, but I     largest cities in America, and I walk
crime issue. None, not the economy,            am so close. Well, not too long ago, we      outside to go to the airport, and the
not jobs, not anything.                        were in very late at night. When I stay      mayor of that town arranged for me to
    There are tens of millions of Ameri-       late, I get a hotel room down at the         get a ride to the airport. It was very
cans who are literally like my wife and        bottom of the hill here at the Washing-      nice. Instead of one police officer tak-
my mother and my father and my                 ton Court or the Hyatt Hotel. It makes       ing me out, there are three. I said-
brothers and sisters and sons and              a lot more sense, and it is more con-        there was one woman, actually -"Why
daughter, who literally have changed           venient for me. We were out of here          are there three of you?" One said, "We
 27176                                    C:ONGRESSIONAL             RECORD-SENA' TE                              November 3, 1993
   just want to talk to you and thank you        pages. I am a senior Senator. I have a          had a very bad experience with a na-
  for all your work on the stuff you have        right to appoint pages; I do not appoint        tional police force. So they said, for
   done for police in the crime bill. We         them. The reason I do not is not that I         criminal justice and for education, that
  want to thank you."                            do not think this is a phenomenal op-           that is a local decision; local people
      We are riding along, and I said,           portunity for young men and women to            should control their police officers,
   "What is it like?" They said, "Well, it       see how this Government works and               their law enforcement units, their
  Is changing, Senator, it is getting very       does not work, and to gain some re-             courts.
  bad." I said, "What do you mean?"              spect for the institution, and this insti-        So there is a very sound principle of
  This was one of the finest police orga-        tution in particular.                           federalism that is at work here, which
  nizations in the country, in one of the           But most people from Delaware who            translated says that constitutionally
  five largest cities in America-these          would be pages do not have an aunt,              we would not be able to, in most cir-
  police officers, one of whom was I be-        uncle, father, mother, brother, or sister       cumstances, pass a law here saying all
  lieve a lieutenant-and I am not cer-          who lives in the Washington area. I am          the States must do the following: All
  tain of that-sitting in the front seat,       afraid to take responsibility because of        the States must send anybody who
  and one in the back seat with me and          the nature-as well as you are pro-              commits murder to the death chamber.
  one driving. He turns around and says         tected, and you are. The Senate takes           I happen to support the death penalty.
  to me, "Here is an example: Two nights        a lot of time and effort. But I must tell       But we do not have the right to say
  ago"-and he points to the driver-'"he         you, I think it is fair to say in my 21         that we can impose upon a State the
  was going home with his partner fin-          years here, there were only two people          requirement that they pass a death
  ishing the 11 o'clock shift, and as he is     I ever asked to be a page; one without          penalty. We cannot impose upon a
  finishing the shift, he got a call to re-     pay.                                            State that they must have 1 police offi-
  port to an area up on the lake where             You know, it is really sad, especially       cer for every 100 persons or for every
  there was a warehouse"-or it was a            when there are things we can do about           1,000 persons. We cannot impose on the
  river or a dock-"because there was a         it.                                              State a lot of these things we would
  major drug deal going down." So they             Now I hear all of the rhetoric about        like to do.
  showed up. They have 5 more minutes          how we are all wanting to fight crime.              All of that which my friends and my
  and they are off. They pull in behind        God love them, as my mother would               constituents and the American people
  these two cars that have their trunks        say, my Republican colleagues are not           see on television of late, whether it is
  backed up to one another making this         letting us even debate it. I am seeking         a very enlightening program, whether
  exchange in this alley, according to the     morning business, to use the vernacu-           it is 60 Minutes or the local news
  police officer. He has no reason not to      lar of the Senate, which means there is         broadcast or a special on violence in
  tell me the truth. He said he pulled in,     a period of time you can say anything           America, all the things you see on tele-
  he and his colleague got out of the car      you want to say on any subject. You             vision about what happened in Florida
 and told everybody to freeze. He said         cannot act on legislation, but you can          to those tourists; and what happened in
  they were standing between the cars-         talk.                                           Washington, DC, with those predators
  the people making the alleged drug               I will be very blunt with you, Mr.          who broke into that jewelry store
 deal-and they reach into the trunk,           President. The reason I am talking,             owned by a Korean man and woman
 all of them, and pull out such firepower      hopefully, is to embarrass the Repub-           and just pistol whipped her and shot
 like the Terminator, like in the movie.       lican colleagues, in their 1 o'clock            him-which was on national television
     I asked, "What did you do?"              meeting, to decide: Hey, wait a minute;          all over-all of those things you see are
     He said: "What could we do? We had        it makes no sense not to let us proceed         things beyond the control of the Fed-
 our pistols. We were standing there.          to the crime bill. I hope that their par-       eral Government.
 There were six people with guns that         liamentary instincts are going to be                 They are not Federal prisoners who
 could literally, Senator, take our car       overcome by their consciousness of the          are out, not having served their term
 off the frame."                              need to do something about crime.               for a violent offense. They are not Fed-
     I asked, "What did you do?"                   Now, let me say one other thing be-         eral prisoners who have been sentenced
    He said: "I did something I never did     fore I get to the details of the crime          to life imprisonment who get out in 4
 in my entire life as a police officer. I     bill. There was a very articulate,              years. They are not Federal prisoners
 slowly backed out of the alley and said,     bright young Congressman, whom I                who, in fact, have been released be-
 'No problem; no problem,' and backed         never met- I do not even know whether           cause there is no prison space; they are
 out of the alley."                           he is a Democrat or Republican-who              all State prisoners. All of them are
    They called for help. By that time,       was on CNN this morning on that call-           State prisoners. You can probably find
 they closed their trunks and they were       in program. I was shaving, and watch-           one or two who are Federal prisoners in
gone.                                         ing the CNN program and hearing him             the Nation. But, by and large, they are
    So here we are. Police officers are       discuss the-crime bill that is up before        all State prisoners, because back in the
 outgunned. My wife, mother, brother,         the House. He started off, and said ev-         seventies, with the leadership of every-
sister, aunt, uncle, me, and everyone         erybody should understand-and he                one from people like the deceased Sen-
else in America are literally changing        made me realize I should make this              ator McClellan to Senator KENNEDY, a
our lifestyles.                               clear at the outset, as well, when we           senior Senator here, and-I must say,
    I look at these wonderful pages, and      start to talk about crime-there is not          self-servingly-me and a few others, we
I mean this sincerely: These are won-         much the Federal Government can do              decided that we should change the way
derful kids who are here. I look at           to correct the crime problem that ex-           the Federal criminal justice system
them, and I will bet that not one of          ists in the States In a fundamental             should work.
your mothers or fathers does not call         way, because crime is local.                        A bunch of us said we should do three
you every night to ask are you OK; not            When our Founding Fathers wrote             or four basic things. First, we should
merely because you are away from              the Constitution, they had a fear of a          have a speedy trial act, so if violent
home at school-we all call our kids           number of things. One, they had a fear          criminals are arrested-and they are
when they are away at school-but I            of the abuse of power. That is why we           innocent until proven guilty-we force
bet half of you had a pretty hard sell        have a separated Government that is             the prosecutor to make a judgment. We
on your mom and dad as to why they            separated into judiciary, legislative,          say they must go to trial within 60
should let you go to Washington, DC.          and the President, who have equal pow-          days. There is a reason for that. If we
    By the way, when I got here, every-       ers, and power cannot reside in any one         do not send them for trial in 60 days,
one was from out of town. I bet half of       place. But they also were fearful of            you have to set bail. If they make bail,
you, or two-thirds of you, have parents       having a standing army, and they were           they can be out on the streets again.
who live in the area. I do not appoint        fearful of a national police force. They        The best way to make sure, if you
 November 3, 1993                         CONGRESSIONAL RECORD-SENATE                                                           27177
  think it is a particularly dangerous           other people, coauthored a thing called       another roughly 400,000 in city and
  criminal, is to get him or her to trial       the Federal Sentencing Commission.             county jails. That is a big problem.
  as quickly as possible.                          And what did we do? We had-not the          That is a lot of money. That is a lot
     So we passed a thing, which I helped       judges-a commission appointed by the           harder than 80,000.
  write, called the Speedy Trial Act, and       President and the Senate, Congress,              But, that is what brings us here
  it is the law now in Federal courts in        that sits there and says, "OK, the Con-        today. If the States had the money, if
  Federal jurisdictions.                        gress says it is a crime to rob a bank,"       the States had the willingness to, not
     Then we came along, and even               to take an obvious and simple example.         mirror in every respect the Federal
  though we had Republican Presidents           A sentencing commission sits down and          system, but if they did, we would have
  most of this period of time, and said         says, "OK, we believe bank robbers             less of a problem, I respectfully sug-
  now we need more Federal judges be-           should get 11 years in jail." OK. If that      gest.
  cause there is a backlog of cases. So we      is the case-I do not know what it is,            And I might stipulate at the outset
  created roughly another 150 judgeships.       by the way; we will find out for the           of this discussion of crime, unless we
  We increased the size of the Federal ju-      RECORD how many years it is. But 11           get at the root causes of crime, we are
  diciary by about a quarter. It cost a lot     years in jail.                                 not going to solve the problem. This
  of money for taxpayers to do that.               So, the law we wrote says, hey, if you     will not solve the crime problem in
    But I saw no sense in having Federal        got sentenced and convicted, the Fed-          America. Even if the States did every-
  prisoners sitting in prison and/or put        eral judge has to give you an 11-year          thing the Federal Government has
  out on bail and/or not being tried be-       sentence. He or she cannot say, "Well,         done in the past, it will not solve the
  cause there were not enough judges to        I understand that your background was          problem.
  try the cases.                                such that your mother may have not               We still have, as Senator KERRY of
    Then I found out from my experience        loved you when you were 7, and your            Massachusetts will show us later in the
  as a trial lawyer handling criminal          father left you when you were 1. And,          debate, we still have a staggering prob-
  cases, that there was an uneven dis-         by the way, when you got to school,            lem of, for example, unwed mothers,
  tribution of sentences. We had all these     you sat next to someone who was anti-          children having children. This year, I
  studies done, and we found out that,         social and that rubbed off on you and,         believe it is this year-and Senator
  depending on the Federal judge you           therefore, we realize you had it tough."       KERRY will do this later-based on
  got, you received a different sentence.          You cannot do that. They go to jail        studies originally started by Senator
  Some judges have a particular animus         for 11 years, flat. I nicknamed the bill       MOYNIHAN before he was a Senator,
  toward robbers, some toward rapists,         "The Same Time for the Same Crime."            somewhere on the order of 70 percent of
  and some toward whatever. So we              Because what was happening in the              one population group in America will
  would find out there was no uniform-         past, all the studies showed, if you           have children born out of wedlock. And
  ity, I say to my friend from Colorado                                                       in another population group in Amer-
                                               were young and black without a father,
 who is on the floor; no uniformity at                                                        ica it is like 40 percent, and in the larg-
                                               you got the 11 years. If you were white
 all. Someone convicted of robbery in a        and affluent and committed the same            est population group, racial group, in
 Federal court in Denver might get 6 to                                                       America, something like 25 percent.
                                               exact crime, you got 2 years or proba-            So, roughly-again I do not know the
 7 years; someone convicted of robbery         tion.                                          exact figures; Senator KERRY of Massa-
 in a Federal court in Delaware might              So, both from the standpoint of our        chusetts knows them well-roughly
 get 19 years; and someone convicted of        having knowledge that we did not               somewhere around 35 to 45 percent of
 robbery in a Federal court in San Fran-       know how to rehabilitate and, second,          all the children born in America next
 cisco might get no years and get proba-       that fairness should exist in the system       year will be born without a father,
 tion.                                         -that is, everybody treated equally-           born without any male figure, without
    The second thing I learned from my         and, third and most important, I be-           any support, without anything, and
 experience is we do not know how to           lieved then and I believe now that the         will be born to women who are chil-
 rehabilitate. We have no idea how to          most important element of a criminal           dren.
rehabilitate. It is a noble urging and         justice system as it relates to punish-           We can solve that problem. If you
instinct on our part, but the truth is,        ment is certainty of punishment-not            said to me, "Joe, if you could wave a
when a criminal is rehabilitated, we do        severity; certainty of punishment. And        magic wand and solve that problem
not know whether it is real, or not to         this made it certain.                          overnight or pass your crime bill with
recognize it; and second, if we are con-          But then, as my distinguished former       all these good things in it, which would
vinced it is real, we do not know why         colleague from Maryland, one of the            you take? Which would impact most
he got rehabilitated. He literally-and        great Senators, in my view, Senator            upon the crime rate?" I would say,
I am not being facetious-may have             Mathias-he is no longer here; a Repub-          "Let me wave the wand, dear God, that
seen God; he may have come to reli-           lican-he said, "What this is going to          made families whole again," not mere-
gion. He may have decided that his            do is it is going to fill up more prisons,     ly because I like families, but because
son's or daughter's future was hanging        now that judges cannot put people on           it would have a greater impact on
in the balance. He may-whatever.              probation." And he was right.                  crime than anything we could do.
    We did not know why it happened. It           So, I, along with others, introduced          So I want to make it clear to those
may be because of the program he went         legislation to spend more money to             editorial writers and to those people in
through in the prison system. We had          build      Federal   prisons,   supported      my State and other States that Sen-
no notion at all why. We used to have         strongly by the Republicans as well.           ator BIDEN is not for more police and
the indeterminant sentence. We used to            So now, what do we do? We do not           more bricks and more mortar and more
allow a parole board to decide when or        have an overcrowding problem in the           boot camps and more drug courts and
when not someone was rehabilitated.           Federal prisons. As a matter of fact, we      all that.
So he appeared, after a certain period        have enough money already appro-                  Is that not just ignoring the prob-
of time, before a parole board. Usually       priated to meet the expected needs of         lem? The answer is, it is dealing with a
the good actors or actresses got pa-          the Federal prison system through the         symptom-an important symptom that
roled, and the ones who were not so           year 1998. So we got to work at the           must be dealt with, because we must
good did not get paroled.                     Federal level. It is a much easier prob-      take back our neighborhoods-but it
   But we found it bore no. relationship      lem at the Federal level, I acknowl-          does not in any way undercut the truth
to the base of knowledge we have as in-       edge, than at the State level.                of the argument of those who say that
dividuals or as a society to know when           In the entire Federal system, there        we have to look at the root causes. We
someone is rehabilitated.                     are only 80,000-plus criminals in jail be-    must. We must.
   So, over the objection of many of my       hind bars. At the State level, there are          So I want to make clear the bill I am
liberal allies, I, along with several         over 850,000 in State penitentiaries and      about to describe in some detail, this
 27178                                   CONGRESSIONAL RECORD-SENATE                                           November 3, 1993
  bill, is not the answer to the crime         would say to the gun store people,                 But we have State laws in this coun-
  problem. This is to bring some relief,       "Look, I know it is a little dangerous,        try where, in my State, for example, if
  immediate relief, to people under siege      but can you keep the guy there? Show           a man rapes a woman that he knew
  in America. And it is one of only four       him more guns. We are on our way."             who is-I think the term of art is a vol-
  parts of a Democratic crime strategy           The reason why these folks are con-          untary social companion, that is the
  which we will be unfolding over this         victed felons is not because they have         term of art-he cannot be convicted of
  Congress. The first is a crime bill. The     high IQ's. They are stupid, most of            first-degree rape. He can be convicted
  second will be a gun bill, dealing with      them. They are not only predators,             of second-degree rape. Is that not en-
 the Brady bill, to do something about         they are stupid. The real smart ones do       lightened? And my State is more en-
 handguns.                                     not get caught.                               lightened than most concerning their
    You know, there were 24,000-plus             So, guess what? Truly, the Delaware         laws, which I will not bother to go
 murders last year. I remember, in the         State Police will walk in and say, "You       through now.
 committee my committee staff wrote           want to buy a gun? By the way, you are             Why is that? Because the underlying
 for me a study that they did for 6           under arrest. You are supposed to be in        premise is, if the woman was with the
 months on projecting what the murder         jail."                                         man she knew, she should have known
 rate would be 2 years ago. We said the          I do not know the number-1 in 10 of         better. Or, she probably did something
 murder rate, there would be more than        the people who walked in to buy the            to ask for it.
 24,000 Americans murdered. People            guns were convicted felons. It shows               What a sick, sick notion.
 said-some, not all, said-"That is ab-        how smart they are-right?                          So the third piece of our agenda is to
 solutely hyperbole. It is grandstanding.        So, the point is, let us say it is not      deal with the rampant amount of rape
 It is just to get a report."                 going to solve it. When we get to the          in this country and victimization of
    Guess what? We were wrong. And            gun bill it is not going to solve the          women, including domestic violence.
 24,300-some people were murdered in          problem. But, incrementally it makes               I wish we could strike that phrase
 America that year.                           a little bit of a difference. It will help     from our language-domestic violence.
    Now, not all were murdered by guns.       the problem. And at whose inconven-            As if domestic means it is like a do-
 Roughly 14,000, 15,000, in that range,       ience? I mean, how badly is anybody            mesticated cat, it is not as bad.
 were murdered by guns. The rest were         going to need a gun that if they do not           Come with me to the emergency
 murdered, as the NRA says, by kitchen        have it up on the computer they can-           wards of this country and I will show
 knives and baseball bats.                    not wait 5 days to buy it?                     you the fruits of domestic violence. In
    "We are not going to outlaw baseball        You wait 5 days to pick up your car          this town the vast majority of women
 bats, so why should we have a waiting        when you buy it. You wait a day and a          who complain, the police show up on
 period for guns?" That is the argument       half to get your suit altered, if you buy      the scene where a woman is bleeding
 we are going to hear. But the fact is,       a new suit. What can be so urgent that         from an orifice, there is no arrest
 roughly 14,000 to 15,000 people got          you have to walk in, you need that gun         made.
 killed by guns.                              today? Why is the NRA upset about it?             If I walk out on the street corner
    Now, of the people who got killed by        Then we are going to move to a third         right here in the Capital and I am hail-
guns, the police tell us that roughly         piece in the strategy of how we Demo-          ing a cab, another man hails the cab,
                                              crats-many of we Democrats-let me
one in six or one in seven of those was                                                      we both run for it and get into a fist-
                                             speak for this Democrat-think we
a gun in the possession of a convicted                                                       fight over it, the police officer does not
                                             should deal with crime. Then we are
felon. That convicted felon walked into                                                     say, "Do you want to swear ou.t
                                             going to, hopefully, God willing, pass
a gun store and legally bought that                                                          charges, Senator?" Or, "Do you want
                                             my legislation called Violence Against
gun.                                                                                         to swear out charges, Mr. Smith?"
                                             Women Act.
   Now, again, because I think the big-                                                     They just arrest us both. Because
                                                Women are victimized in America by
gest mistake we can make discussing                                                         under our law if there is clear violation
                                             violence at a much higher rate than
crime with the American people is to         men. This is not an accident. I thought        of the law that has been obvious to a
engage in hyperbole. I will stipulate, as    I knew-it is a presumptuous thing to           police officer, whether or not he wit-
we lawyers say, that that felon, if he       say-I thought I knew as much as any-           nessed it originally, he is able to, under
could not buy it in the gun store may        body in the Congress about violence in         the law, arrest.
have been able to go buy it somewhere        America, having dealt with this subject           Guess what, they do not do that in
else in the black market. But the fact       more than I ever wanted to deal with           domestic violence cases. A woman calls
remains, he bought it in a gun store.        it, having come here as a young Sen-           in an emergency, gets 911, her husband
   Now, it seems to me, to put in place      ator 20 years ago. But I found some            is beating the living devil out of her,
a system that makes it not possible for      startling statistics 5 years ago. I was        she is locked in the bathroom, she is
a felon to buy a gun in a gun store is       going over the FBI statistics on crime         bleeding, she is beat up.
not a bad idea. In my State of Dela-         and found that violent crime among                By the time the police arrive the hus-
ware, we put in a version of the Brady       young men as victims, was slightly             band said, "Here comes the cops. OK,
bill, a waiting period. We do not have a     down. Violent crime against young              they are coming. I want to tell you
waiting period anymore, because we           women had doubled; 50 percent.                right now you swear out a warrant
spent the money to get our computers            Wait a minute, can this be right?          against me and I will be back for you."
up on line so that any gun store dealer      Why is this?                                      So what happens when the police
about to sell a gun can take a driver's         Part of it is our attitude about vio-      walk in the house? We wonder why do
license, pick up the phone, call and         lence against women. We have a sick           women not swear out these warrants?
say, "John Doe," Social Security num-        attitude in some sectors of this coun-            You have to swear out a warrant be-
ber or driver's license number so and        try and among a small percentage of           fore they can arrest this guy. You are
so, "is that person able to buy a gun?"      the males in this country. We still           bleeding, disheveled, your clothes are
They press a button and it goes zip, be-     think women to be chattels. They are          torn, you have a broken arm-"swear
cause they have all the convictions          "my woman."                                   out a warrant against him or we can-
listed on this particular computer, and         There are still men in this country        not arrest him." Malarkey. They have
says, "Whoa, John Doe? What was that         who think they have the right to take         a right to arrest right there.
license number again or Social Secu-         the back of their hand to a woman. No             Why does the woman not say that? I
rity number?"                                woman-no woman-no woman: Your                 say to all those guys listening to this,
   "No, he is a convicted felon."            wife, your lover, your coworker-no            how many of you, if you want to know
   As a matter of fact, we found in my       woman should be able to be touched for        what a woman felt like, how many of
State there were convicted felons on         any reason without her permission, pe-        you when you were in the school yard
the run. And so we found out that they       riod. Period.                                 or you were on the athletic field when
 November 3, 1993                         CONGRESSIONAL RECORD-SENATE                                                          27179
   you were in grade school or high               "Oh, that's crazy." If you are making a      lice officers in America. Now for every
   school, had somebody who was the               second amendment argument that you           police officer in America, there are
   bully in the class come up to you and          cannot impact on the ownership of            three felonies committed.
   say "give me your lunch;" "move out           weapons, then how can you do that? If            So I respect those who say, "BIDEN,
   of the way;" "I want to borrow your           you can do that, then it seems to me if       you're trying to put more cops on the
   car;" "By the way, they are nice              you acknowledge that-and some of my           street is not the way to go." I respect
   sneakers, I would like to wear them."         friends, in all honesty, will not ac-         that, if that is their view. But do not
   Or, just came up and pushed you in             knowledge that, they believe you             tell me you have evidence that it does
   front of everyone.                            should be able to own a tank; there are       not work because we have not tried.
      And you are standing there and you         some real interesting views on this              So the first part of this bill is very
   have a clear shot right at his nose. How      subject-if you can do that, then you          plain and simple. We want police offi-
   many of you heroes hit him? Most of           sure can do something about assault           cers out on the street in the commu-
   you did what most normal people do.           weapons without violating the second          nity he or she knows well, and when
   "He is 6 foot 3, 214 pounds and can           amendment. That is kind of our five-          that occurs-so-called community po-
  fight. I am 5 foot 9, 144 pounds. If I hit     part plan.                                   licing-the opportunities for violence
  him he will really be mad and kill me."           So as we begin debate on S. 1607, the     are reduced. It is a very simple propo-
      Is that not how human nature works?        Violent Crime Control and Law En-            sition. Community policing increases
  Is there a man listening to this who           forcement Act of 1993, I want to recog-       opportunities to prevent crime from
  does not understand that?                      nize two facts that form the premise of      occurring and improves the opportuni-
      Why can men not understand that is         key crime fighting provisions in this        ties of apprehending criminals more
  the position women are in? Not a whole         bill and further acknowledge that this       often and more quickly when crime oc-
  lot of places police show up where             Crime Control Act, which I have intro-       curs.
  there is a 190 pound, 6 foot 2 woman           duced and we are going to hopefully de-         Again, I want to make it clear
  and a 5 foot 3, 104 pound man and he is        bate and vote on in the near term, is        throughout this debate that these are
  beating her. Why is that the case? Usu-        not the answer to all the crime prob-        local problems. These are not Federal
  ally because he cannot. But as a soci-         lems in America. It is the Federal Gov-      police officers we are putting on the
  ety what do we do?                             ernment's attempt to help State au-          streets of our rural communities and
      So, the third piece of our agenda here     thorities with police enforcement por-       our urban centers and our suburban
  is to deal with some of the things we          tions of their problem and not the un-       communities. This is money we plan
  can deal with at a Federal level. It will      derlying social dilemma that exists in       to-I will explain it in detail-provide
  not stop violence against women, but           this country. That is for other legisla-     to local governments and Governors
  force America to face up to the fact           tion as well.                                from the Federal coffers for them to
  that women are victimized in our soci-            Let me go to the crime fighting pro-      hire more police in their communities.
  ety and put our legislation where our          visions contained in the bill.               The condition on which they can get
  rhetoric is. If we mean to do something           First and foremost, more police on        this money is they must be able to
 about it, do something about it. That           our streets means less crime. There are      show that they already have commu-
 is the third part of this crime agenda.         only a few things we know for certain        nity policing in their area.
     The fourth part of our crime agenda         about crime in America, and that is, if         This also-I will be very blunt about
 is a major drug bill dealing with treat-        you are standing on a corner next to a       it-is designed to force or entice States
 ment, arrest, interdiction-that is the         police officer, you are less likely to be     and cities and localities to move to
 fourth part.                                    the victim of a crime than you are           community policing because there is a
     And the fifth part, I hope, if I have      standing in an area where there is no         reluctance to move to it. The mayor
 anything to do with it, will be to deal        police officer. That we know.                 does not want to take on the chief of
 with assault weapons. There is no ex-             Now, it sounds like I am being a lit-      police, the chief of police does not want
 cuse for these military-style assault          tle facetious, does it not? It sounds like    to take on the membership, and most
 weapons. What possible social value do         I am being silly, but we know that hap-       police officers, with any brain in their
 they have? And I am absolutely con-            pens. The more police on the street-          heads, would rather sit at a desk and
 vinced, as a teacher of constitutional         not in the precinct house, not in a           do the command and control than be
law who teaches at Widner University            squad car, not at a radio, not at a semi-     out on the street. I cannot blame them.
Law School and teaches the second               nar, not anyplace but the street-the          But this requires them to put folks on
amendment, that it is totally within            more police officers there are on the         the street.
our power, without doing violence to            street, the less likely there is that           The second thing it does is it requires
the second amendment, to deal with              crime will be committed on that street.       them to not play the game with us
these weapons.                                     I read my friends in the editorial        they did back in the seventies when I
     For those who are purists as far as        pages of America saying that, "You           first got here under the Law Enforce-
the second amendment is concerned               know, we've tried that before and it         ment Administration Act, the LEAA.
have a problem to face. If you tell me          doesn't work." It reminds me-and I do        We would give them money from the
I cannot outlaw an Uzi or a semiauto-           not remember the exact quote, al-            Federal level to hire more police and
matic Street Sweeper or a Teo-9 9-mil-          though I try very hard to remember           they would say they have a patrol of
limeter pistol that looks like a rifle, if      exact quotes-I do not remember the           100 people. The mayor of whatever city
you tell me I cannot do that under the          exact quote, but G. K. Chesterton al-        which has a 100-person police force
second amendment, then answer me,               legedly said something to the effect         would go to the city council and say,
can I outlaw your right to own a flame          that it is not that Christianity has          'Look, we have a deal here. The Fed-
thrower? Can I outlaw your right, if            been tried and failed, it is that it has     eral Government is going to allow the
you had the money, to buy a used F-15           been not tried and let alone. It is not      money to hire five police officers. We
jet with nuclear ordinance?                     that we have tried to increase the num-      will fire five of our existing police offi-
    If I can do that, can I outlaw your         ber of police officers in America and        cers so they are not on the city payroll
right to buy a Czech tank? Czecho-              they have failed, it is that we have not     and we will hire those same five back
slovakia is no longer Czechoslovakia            tried.                                       and pay them with Federal money and
and has a problem. They had a great                The 20 largest cities in America dur-     then we will tell the folks in our city
munitions industry. They built a lot of        ing the decade of the eighties increased      we cut those taxes but those Federal
tanks. If you have a lot of money to           their police forces on average, I believe     guys keep raising our taxes." That is
buy a tank, can you buy a tank and             it is, 1.2 percent. It used to be in the      what happened.
park it in your back yard? Can you do          decade of the sixties for every felony           So this time around, this old boy,
that? Everybody out here would say,            crime committed, there were three po-         having been a local official-I used to
 27180                                    CONGRESSIONAL              RECORD-SENA' TE                               November 3, 1993
   sit there as a county councilman and         in volume and degree in every State in            to commit to the program. So the Fed-
   someone would come up with an idea           this Nation. This violence, we all must          eral share is 50 percent in the second
   and I would ask, "How much is that           recognize, is occurring, for the most            year, 40 in the third year, 25 in the
   going to cost?" The county adminis-          part, as I said, at the State and local          fourth, and 10 in the fifth.
   trator or member of the council would        level where 95 percent of the crime is              Title 8 of this bill relates to prisons
   say, "Oh, that's not going to cost any-      investigated and 95 percent of the               and boot camps. S. 1607 also contains
   thing, that's Federal money." That is        crime is prosecuted.                             grants to States for prisons and for
   Federal money. Well, this old boy has           This bill aims to offer Federal help,         boot camp programs that make the
   been there. The reason I wrote it the        Federal help in the way of resources, of         most of our limited resources. Our abil-
   way I did, in conjunction with the At-       expertise, and of leadership, help to the        ity to reduce crime in a cost-effective
   torney General and the President, is I       States and localities that are now over-         manner depends directly on our ability
   want to make sure the only way they          whelmed by crime. The key provisions             to target offenders with the appro-
   can get the money, if they have a 100-       of this bill include title 1, referred to as     priate type of sentence. This means,
   person police force now, they must           community policing. Title 1 of S. 1607           first and foremost, that we must iden-
   maintain that 100-person police force       is a provision that will put 60,000 more          tify violent offenders and make sure
   and we will give them extra help, but if    local police officers on our streets, in          they go to prison.
   they cut their police force, they lose      our neighborhoods to practice commu-                 Second, it means separating the non-
   their Federal money.                        nity policing.                                    violent offenders who can be diverted
     Another thing I found as a local offi-       If we added more money, it would be            from a career of crime and put them in
  cial-it seems like 100 years ago I was       200,000 in my view, but it puts 60,000            a thorough, intensive, cost-effective
  a local official, but I was at one time-     local police in local communities on              program such as military-style boot
  I found whether you are dealing with         the streets.                                      camps, which will be no vacation.
  an individual or you are dealing with           Today, a typical urban police depart-             Third, it means making drug treat-
  another governmental entity, they are        ment assigns officers to large pre-               ment which cuts recidivism rates in
  much more responsible if they have to        cincts. They ride in cruisers. They re-           half-by the way, you all should know
  kick in something. Let me make an            spond to radio calls from any and all             that a criminal who has been convicted
  awful comparison.                            parts of their very oversized beat. This         and is forced into drug treatment,
     I find my sons take a little more care    system, in my view, and in the view of            those who have been forced into drug
  of their bikes when they are kids or         others who are much more expert than              treatment have a recidivism rate-that
  their automobiles when they are young        I, isolates police officers. They are            is, they get out, they commit a crime
  adults when, in fact, I say, "I'll come      strangers in the very communities                and go back to jail-of only half of
  up with X amount if you come up with         they are trying to protect, and as a re-         those who do not receive drug treat-
 Y amount."-They have an investment.           sult they are always behind the curve            ment. But it means making drug treat-
 They have an investment in it.                through no fault of their own, respond-          ment available for all addicts who
    So this money is not all free to the       ing after the fact to crime's occurrence         enter the criminal justice system,
 States that we have in here. We say we        and picking up the pieces after the vio-         whether it is at the State or Federal
 will provide the bulk of the money but        lence has already been done. Commu-              level.
 you have to come up with some of the          nity policing is designed to integrate              (Mr. GRAHAM assumed the chair.)
 money, too, if you want these extra po-       police officers back into the life of the           Mr. BIDEN. Let us take these one at
 lice officers. That way they are not          community so they can help prevent               a time. What can we do to ensure that
 likely to use them for anything other         crime in the first place and are better          violent offenders are sent to prison?
 than law enforcement and out on the          positioned to respond when it does                What I hear most often, and I expect
 street.                                      occur for apprehension.                           people in the gallery, people watching
    The second premise of these crime            It takes police out of their cars to           this on television know, is that people
 fighting provisions in the bill is-first     walk smaller beats of 5- or 10-square-           see on their televisions the State has
 is more police-punishment for all            block areas. It allows them to learn             had to release from its city or county
 criminals. Not unreasonable punish-          who is in the community so that they             or State prison, jail, a violent criminal
 ment for all criminals, not draconian        know trouble spots, troublemakers and            who had not served out his or her time.
 measures for all criminals, but I go         at-risk juveniles. They work coopera-            As a matter of fact, the average
 back-and I have been here 20 years           tively with community leaders, school            amount of time served in a State pris-
 doing this-but I still subscribe to the      officials, family workers, and others to         on for the sentence that has been or-
 notion that to the extent we know any-       tailor preventive programs that best fit         dered by a judge is about 40 percent. At
 thing about criminal behavior, it re-        that particular community or, more               the Federal level, it is 100 percent, ef-
 sponds, if it responds at all, to cer-       precisely, their beat.                           fectively. At the local level, it is 40
 tainty, the certainty of a punishment           Already used by progressive police            percent of the time.
 to follow a violation, if one violates       departments in cities like Houston,                  So you get convicted to 10 years. The
 the law.                                     Texas, and New York City, community              likelihood is you will only serve 4, on
    The severity does not have much to        policing has been created and is cred-           average. If you get convicted for 5
 do with it, the studies show, but cer-       ited with helping reduce crime and ena-          years, it is only 40 percent. If you are
 tainty does. So the second premise of        bling police and communities to work             convicted for 1 year, you will likely
 this legislation is punishment for all       together to enhance the security of the          serve 4 months.
 criminals that is thorough, swift, and       community's residents.                              At the Federal level, if you are con-
 certain. And it also must be as cost ef-        Title 1 authorizes grants to States to        victed for 1 year, you get 1. If you are
 fective as possible.                         cover the cost of 60,000 police officers         convicted for 10, you get 10. If you are
    This means that violent criminals         over the next 5 years. States which              convicted for 20, you get 20. So it is
must be removed from our commu-               participate must have matching funds,            very important to understand where
nities, and those who have not yet            must come up with 25 percent of the              the problem lies. At the Federal level,
committed themselves to violence but          cost for that new officer. But the Fed-          there is no need to authorize additional
have broken the law must be deterred          eral share is substantial and it is real.        spending for new prison construction.
from future, more serious crimes.             The Federal share is sufficient to cover            The current budget already includes
    These two goals are served in various     the cost of salaries, benefits and train-        funding to accommodate a projected
ways by every provision of this 400-          ing, and the administrative costs with           32-percent increase in Federal prisoners
some page bill that I have introduced.        the Federal share per officer of 75 per-         over the next 5 years. There is a prison
Passing this bill is a critical first step    cent of the cost for the first year de-          space crisis, but it exists at the State
in response to the violence increasing        clining over time to encourage States            level where some localities have been
 November 3, 1993                         CONGRESSIONAL             RECORD-SENATE                                              27181
  forced to release criminals because of            Third, both Federal and State sys-             Do you know why? When they went
  overcrowding. As I said, and I will re-        tems, prison systems, suffer from the          out into the yard, drugs are as acces-
  peat it probably 20 times in this de-         same key shortcoming, and that is the           sible in a prison yard as they are on a
  bate, there are currently 32 States           lack of drug treatment. Drug treat-             street corner. Every prison in this Na-
  under Federal court orders or State           ment, as former drug Director William           tion, prisoners who are addicted have
  court orders concerning overcrowding          Bennett has acknowledged, cuts recidi-          no problem getting drugs in prison.
  at one or more of those States' facili-       vism rates in half or, put another way,            I said that some time ago to Ted
  ties.                                         it is cost effective.                           Koppel. I think he thought I was en-
    Translated, it means they let people           For every $1 spent treating a drug of-       gaging in a little bit of hyperbole. He
  out of jail who should still be in jail.      fender-I might add treating them                did a program on Night Line, I guess 3
  Translated further it means-as the            while they are in prison--we save S3            years ago now, maybe longer, from
  Presiding Officer knows, who knows as         later in reducing crime, another high          Lorton prison here in Washington. And
  much or more about this crime prob-           social cost that flows from addiction.          with his producers and his experts, and
  lem as anybody in the Senate, having             The need is great. Each year over            with a little bit of unsolicited advice
  been a former Governor of the State of        200,000 drug-addicted offenders are re-        from me-"suggest you get all of those
  Florida-sometimes they let violent            leased from State prisons after having         prisoners, all of those tough guys in a
  criminals out because there is no             served some or all of this time without        cafeteria and ask them about drugs in
  space, or they do not prosecute in the        being treated. Approximately 15,000 ad-        prison."
 first instance a case because they know        dicts, drug addicts-and I might add                They hooked me up, too. I was on the
  there is no prison space.                     the average drug addict commits about          show. They put me up in the Senate
    By the end of 1992, State prisons were      200 crimes a year. There is a reason for       studio. I was on a remote hookup when
 housing 840,000 inmates, and locked in         their committing 200 crimes a year.            he was conducting the program from
 local jails an additional 450,000 pris-        They need your wallet to pay for their         inside the prison. They let him inside
 oners. The price tag for this incarcer-        drugs. That is the reason they do it,          the prison. They were talking of var-
 ation is steep. State spending on pris-        among others, unless they are cocaine          ious things, they were interactive. I
 ons has doubled between the years 1986         addicts and it is cocaine-induced para-        could talk to them and they could talk
 and 1992, and there is no end in sight         noia where they turn around and shoot          to me. I said, Ted, ask them how many
 unless we get a lot smarter in how we          you just gratuitously like you saw on          use drugs in prison. How hard is it to
 use our resources in the criminal jus-         that film.                                     get it?
 tice system.                                      So, we release from State prisons              These were a bunch of tough folks
    To respond to this problem, at least        about 15,000 addicted, still addicted,         sitting in that room. I do not know
 in part, the bill I have introduced with       criminals and Federal prisoners with-          whether there were 30, 40, 50, what the
 the concurrence of the administration          out ever receiving any treatment.              number was. When he said, "Can you
 and the help of the Attorney General,             At a Federal level, the bill I have in-
                                                                                               get drugs?" They all said, "You kiddin'
 focuses new prison funding on States           troduced includes a provision which
                                                sets a schedule for the Bureau of Pris-        man, where you been? You crazy?
 and localities rather than the Federal
                                                ons to place all eligible Federal pris-        Course you can." They went on in
 level. It contains a $2 billion grant pro-
                                                oners into drug treatment programs             great detail to point out the availabil-
 gram under which States can fund pris-
                                                                                               ity of drugs in prison.
 ons for violent drug offenders. States         lasting between 9 and 12 months in fa-
                                                                                                  It was not just Lorton prison. It is
 can use these funds not only to build          cilities separate from the general pris-
                                                                                               the Delaware State Correctional Insti-
 new       State    prisons-construction       on population.
                                                  Let me explain that. A lot of people         tution. It is every one of your State,
 amounting to only 5 percent of the
                                               who have not worked In this area long           cities, and jails and prison systems in
 total cost of running the prison by the
                                               wonder, JOE, why do they have to do             your State.
 way-but also to operate State prisons
                                               this in a separate facility within the             So the reason why I wrote in this bill
 that have already been constructed but
                                               prison? Let me give you an example in           that if the States use it they can also
 sit idle for lack of operating funds at a
                                               my State of Delaware.                           use separate facilities separated from
 State level.
    That is what we do with violent of-           My State of Delaware has within its          the general population. Do not, any-
 fenders. We are going to give States $2       prison system a thing called the key           body, misunderstand that. That does
 billion so they can deal with these vio-      program, k-e-y program. They found-            not mean they can release the prisoner
 lent offenders.                               and it is a drug program, antidrug             and treat them. It means they have to
    Or, to encourage States to identify        treatment program-it does not lessen           find another place behind that barbed
 nonviolent offenders and put them in          the term that the person serves in pris-       wire fence where they treat these pris-
an alternative situation, more cost-ef-        on. It does not put them out on the            oners.
fective programs are suggested in this         street. It is not some, you know, wishy-          At least 50 percent of the prisoners
bill. The States can use the grants of         washy, liberal, social activist, as is         with abuse problems who seek help
 this $2 billion to run military style         characterized often, program. These            must be in treatment by the end of 1995
boot camps. These camps provide a              folks are in prison behind bars serving        in this bill; 75 percent by the end of
regimented program for work and ac-            their sentence. And we found some-             1996; and 100 percent by the end of 1997,
tivities for young, nonviolent offend-         thing interesting.                             or they do not get this money. The bill
ers.                                              In order for them to be in the drug        also requires periodic drug testing of
   Rather than spend time in a tradi-          treatment program in the prison, do            Federal offenders in postconviction re-
tional prison, they can serve the same         you know what we had to do? We had            lease.
term in a boot camp, where intensive           to take a whole section of the prison             For example, even after Federal pris-
physical training and work while in            and segregate them. Not because they          oners serve their time, they are re-
boot camp is then followed by edu-             were rewarded. They did not get to go         leased, but not fully. They are released
cation in the boot camp, job training in       out in the yard, you know, like you see       to a probation officer for a period of
the boot camp, and drug treatment on          in the movies, the yard. They did not          time after serving 100 percent of their
release from the boot camp.                   get to go to the gymnasium or physical         sentence. I think we should test them.
   Moreover, running boot camps cost          facility or the basketball court the           I think they should have to show up to
about one-third what a prison costs on        other prisoners used. They did not get         their probation officer on a periodic
a per-inmate basis. So moving non-            to go to the prison dining room to eat.        basis, once a week or once a month,
violent offenders into boot camps to          Those who signed up for the program            and be tested. If they test positive,
free up prison space for violent crimi-       and qualified, stayed in one small wing        they go back in jail. But I might tell
nals is a cost effective response to the      of the prison, further constricting their      you all, and most everybody shakes
prison shortage.                              freedom even within the prison.                their heads when I say, yes, that is
 27182                                    CONGRESSIONAL RECORD-SENATE                                            November 3, 1993
  right, it costs a lot of money; it costs      because State judges are wishy-washy            coming the next week. You have one
  a lot of money to test it. If you show        liberals or because the Governors are           bedroom. If you double the amount of
  up at your doctor, any of you folks in        not tough on crime, not because State           time your mother-in-law stays and
  here, and go up and you want to get           legislators do not want to get tough            your mom is coming the next week,
  tested for anything in your blood             with violent criminals; it is because, if       you have to find another room for your
  stream, you do not get a bill for $5. It      they put them in jail for 100 percent of        mom to be able to stay, too. It is the
  is about $125. It is an expensive propo-      their time, they would double the pris-         same principle. It is not complicated.
  sition-but necessary.                         on population. You can put 840,000 peo-         It is the same principle.
     For State prisoners, as outlined           ple in the prison cells available in the           So the Republican provision-which
  above, this bill targets grants to States     United States of America that are not          you will hear about in this debate-is a
  for prisons housing violent drug offend-      Federal facilities if, in fact, you do not     legitimate proposal. States will be told
  ers. In addition, the bill provides for      keep them in there-with the same                you can get $2 billion if you spend $14
  programs for nonviolent drug offenders       number of cells-if you do not keep              billion. I wonder how many Governors
  through follow-up treatment on release       them in there for their entire sentence.        are going to come to all the taxpayers
  from boot camp prisons as well as                If tomorrow we passed a law and the         in this Chamber and say, I got such a
  through drug courts and other innova-        good Lord came down and said every              deal that I am going to raise your
  tive projects, which I will discuss in a     State must keep every prisoner in their         taxes, and I am going to spend an extra
  moment.                                      cell until they serve the full term of          $12 billion because the Federal Govern-
    So let me sum this section up, this        their sentence, you have doubled the            ment is good enough to give us $2 bil-
  title that I have referred to here. The      need for prison space-more than dou-            lion. The net increase will be $16 billion
 prison boot camp title in this bill will      bled. That is why the States do not do          on prisons-a good thing. I wonder how
 provide $2 billion for State prison au-       it. It is not because they are not good         many Governors are going to do that.
 thorities to construct boot camps, to         women and men, .but because it costs            Mine does not make them do that.
 use it for operating costs of existing        tens of billions of dollars.                    Mine says, get smart, build these boot
 prisoners, and for drug treatment and            We will have an amendment later              camps. Take this cadre of 160,000 people
 drug testing. The reason why I want           on-if they ever allow us to get to this         eligible for boot camps, nonviolent,
 them to build the boot camps is be-           bill-from some of my Republican col-            first-time offenders or nonviolent of-
 cause it costs one-third the cost of          leagues. The amendment will say that            fenders with minor criminal records
 keeping somebody in a prison.                 we do not like BIDEN'S prison provision.        that make up 19 percent of the 840,000
    Second, out of those 840,000 prisoners     We want to spend $3 billion on prisons,         people in State prisons. Take them out
 now in State prisons, 160,000 of them         and it is going to say, in order to get         and put them in boot camps. Now you
 are nonviolent, first-time offenders.         any of this money, the States must              freed up 160,000 spaces, if we funded
 Think about this. It does not take a ge-      have a truth-in-sentencing provision.           that many and we do not. We do not
 nius to figure this one out. If you can      That means they must keep all of their           fund that many.
 take those nonviolent people, not at          State prisoners in jail for 85 percent of          That seems to me a lot smarter way
 this point dangerous, and put them be-        their sentence-a Federal mandate-if             to do it than to say to Governors, "By
 hind barbed wire on a Federal facility        they want to get Federal money. That            the way, we will give you $2 billion if
 that has been abandoned, run by the          sounds good. I am all for that. I want          you spend $14 billion." I think they are
 State, in a boot camp circumstance,          them to be kept in jail for their sen-          more likely to do this.
 whether or not you are able to deter         tence.                                              What is the net result? People com-
 them from a life of crime by that meas-          Except it is not going to work, folks.      mitting these violent crimes are mul-
 ure, what does it do? It frees up, 160,000   Do you know why? If you are the Gov-            tiple offenders who are out, not having
 prison cells. What does that do? In-         ernor of Delaware, Pennsylvania, Cali-          served the sentence. With the grace of
 stead of the State then being under a        fornia, or Texas and your administra-           God and good will of neighbors, we will
 court order having to release violent        tive assistant says they passed this            have less violent crime. How much, I
 criminals after they serve one-tenth of      bill, and there is $3 billion for prisons,      cannot tell you. I do not know the an-
 their term, not try them or not put          and we can apply for it and get $200            swer to that. Only the Lord Almighty
 them in prison at all, it frees up a pris-   million for new prison construction-            knows that.
 on space for a violent criminal of-          we have to sign onto this deal-if we                Let me move to another title in the
 fender.                                      keep everybody in our State prisons for         bill, title VII of the bill, the drug court
   So even if boot camps do not make          85 percent of their time.                       program for nonviolent offenders. Title
sense in terms of recidivism in terms of         If the Governor has a brain in his           VII of the bill is a grant program-that
leading people away from a life of            head-and they do-he will turn to his            is Federal jargon saying we will just
crime, the condition to get into a boot       crack legislative aide and say: OK, I           give the money to States-a grant pro-
camp is that you must have a non-             am getting $200 million; how much is it        gram, as well as boot camps.
violent record, be a first-timer, and be      going to cost us to keep these folks in            The key to the drug court programs
young, translated "not as dangerous to        jail for 85 percent of their sentence? If      is to identify those nonviolent offend-
the community." But you are still             that legislative aide has a brain in his       ers who can be diverted away from a
locked up behind fences. But it frees up      or her head-and mine clearly do-that           criminal career and not take up a cell
up to 160,000 spaces now being taken up       woman or man will turn to the Gov-             in a maximum security prison, because
in every one of your States, 160,000          ernor and say: You will get $200 mil-          I want to reserve those for those won-
prison cells in State prisons, where you      lion, but you have to spend $700 million       derful predators who we should keep
should put violent offenders serving          to get $200 million.                           behind bars for a long time. In most
the entirety of the sentence that they           Do you understand what I am saying          States, such offenders either simply
have been sentenced to.                       now? In order to be able to get the            are released back into the streets or
   There is one thing I did not mention,      money, you have to have people serve           they occupy prison space that is in
which I assume is obvious. But I deal         double the amount of time they are             short supply. Neither of those is a good
with this stuff so much and talk about        serving now. I am for that. But to be          option, in my view.
it. And the mistake we all make in            able to do that, what happens is you               These are not programs for violent
Government is assuming that every-            have to double the amount of space.            offenders. They are cost-effective pro-
body has spent as much time on the            You are going to keep them twice as            grams, these drug courts, that combine
subject as we have, and we start using        long. It is like your relative comes to        the concept of prevention plus respon-
shorthand. The reason why people only         stay. Say your mother-in-law comes.            sibility to reach those offenders whose
serve 40 percent of the time of their         She is going to stay a week. No prob-          minor crimes have just brought them
sentence in prisons in the States is not      lem. Then you find out your mom is             into the criminal justice system, but
 November 3, 1993                         C ONGRESSIONAL RECORD-SENATE                                                       27183
  who would not be sentenced to a prison          Keep that in mind here. This will be      offender in a county jail. The same of-
  system. Let me explain what I mean by        characterized-and I will be delighted        fender can get the benefit of a drug
  not sentenced to a prison system.            when my friend from Florida is not           court at the price tag of $2,000 a year.
     Another chart. I know we are chart        presiding and is here, and I see my          It seems to me this is not only punish-
  happy around here. I blame all these         friend from North Dakota. I should           ment, but smart punishment.
  charts on Ross Perot, but it is a good       warn him I have another hour at least           Currently, as I said, 600,000 offenders
  way to illustrate.                           on this before I will move along. I do       nationwide who meet the drug court
     The total number of State prison of-      not mean to hold him from speaking to        profile of a nonviolent drug offender
  fenders who are on probation is 2.7 mil-     this, but I just want him to understand      without a serious criminal record are
  lion people. There are 2.7 million peo-      this is based on this schedule. But as to    now effectively ignored by the system.
  ple in the States of the United States       my friend from Florida, I am anxious         The drug court title programs can
  who have been convicted, or pled guilty      when this debate gets going, for him to      make a difference with that part of the
  to, or are under the court-ordered su-       be down here on the floor when we are        offender population that can be de-
  pervision of someone within that             told that what we really do is coddle        terred from further more serious crime.
  State, who are not in a prison cell.         these people. The fact is there are            Title VII and title XVIII relate to
 These are not part of the 840,000 people      600,000 of these folks out there now who     youth violence in this bill. More and
 in prisons or the 450,000 in county           have no supervision at all in the            more violent crime in our Nation is
 jails-2.7 million. Of those, there are 1.4    States. These are not Federal pris-          committed by juveniles. To respond ef-
 million who are drug offenders on pro-        oners. They are prisoners of the States.     fectively, we have to separate violent
 bation.                                          So what we want to do is to get them      juveniles from those who have not yet
     So you have 1.4 million people wan-       into a system where there is intensive       committed      themselves     to   serious
 dering the States who have been con-          probation, supervision, testing and          criminal activity. Again, the problem
 victed of a drug offense who are on pro-      treatment, with the notion that if they      of juvenile crime is one fraught pri-
 bation, out of this cadre of 2.7 million.     stray after that then they do not get        marily with the breakdown of the fam-
 You have 800,000 of these 1.4 million         the chance to join this group again.         ily and a whole range of other fun-
 who are drug offenders, who are at            They go to prison. They go to jail.          damental reasons, and is fought pri-
 least being tested or treated that are        They are incarcerated.                       marily at State and local levels.
 under some kind of supervision.                 The bill authorizes a 3-year, $1.2 bil-      The Federal Government's role is one
     But I say to my friend from Florida,                                                   of providing guidance and support, be-
                                               lion grant program to States for pro-
 who presides over this body, who-                                                          cause there is not much else we at the
                                               grams designed to ensure certainty of
 again, I am not being solicitous-                                                          Federal level can do.
                                               punishment and promote deterrence,
 knows more about this than me or any-                                                        The youth violence title in the crime
                                               including programs that will offer drug
 one in this Chamber, having been Gov-                                                      bill encourages the States to hold juve-
                                               testing on arrest, during prison and
 ernor of Florida. Drug offenders who go                                                    niles responsible for their crimes.
                                               during participation in pre- or post-
 untested, untreated, who are not in                                                          Again, my basic thesis in all of what
                                               trial diversion programs and treat-
jail, who have been convicted or pled                                                       I have done for 20 years on the crime
                                               ment, in alternative punishment for
guilty to a crime, who have no super-                                                       front is that certainty-not the sever-
 vision, 600,000 of them are wandering         young crime offenders. That is the
                                               stuff by which $1.2 billion will be spent    ity. certainty-of punishment is a crit-
 the streets. Six hundred thousand peo-                                                     ical element in dealing with crime.
ple who are convicted drug offenders,          by the States, so hopefully to move
                                               this 600,000 group into this.                  The youth violence title in the crime
minor offenders in most cases, are wan-
                                                 A typical drug court program that          bill encourages the States to hold juve-
dering the street with no treatment, no                                                     niles responsible for their crimes. It
                                               could be funded works as follows: A
supervision of any kind and no testing.                                                    provides both for tougher treatment of
So you have 600,000 of those folks.            nonviolent offender arrested on a drug
    Now, that is the reason we have these      charge is given a choice, go to prison,     serious violence and for important pre-
drug courts. No one can tell me any            or enter an intensive supervision and       vention and enforcement programs for
good comes from that. Some of these            treatment program. The alternative to       juveniles.
                                              prison is no free ride. Participants            First, it targets gang activity, which
kids may be first-time offenders who
tried it once, who pled guilty, who           must get and keep a job. They must           accounts for an ever-increasing per-
never will try it again. I do not want to     agree to random, mandatory drug test-        centage of violent juvenile behavior in
lock them up in jail for the rest of          ing. If they successfully complete the       this Nation, by creating new Federal
their lives. That is not the point. But a     program, they do not have to do time.        penalties for violent crimes or drug
whole lot of them who have no super-          But if they flunk out of the program,        crimes by gang members. When a gang
vision are the very cadre of people from      they go to prison and serve all of their     member, who once before has been con-
whom we are going to get the drug ad-         term. Punishment is certain unless           victed of a drug offense or a crime of
dicts of the future.                          they succeed fully.                          violence, commits another such crime,
    I apologize for again referring to the       Moreover, sanctions are increased in-     he gets up to 10 extra years' additional
Presiding Officer, but he was part of,        crementally each time there is a lapse.      time to run consecutive with any other
and he understands better than I do,          The idea here is there must be imme-         sentence he must serve.
how drug courts work in Dade County.          diate and direct consequences for every         The bill also triples the penalties for
That is the model we have used in this        mistake.                                     using kids to sell drugs in drug-free
legislation. These are not programs for          The result of one existing drug court     zones. There is a reason for that. What
violent offenders. They are cost effec-       program that is in Dade County, FL,          we have done here in the past at the
tive. They attempt to combine preven-         are quite impressive. From June 1989 to      Federal level and some State levels, we
tion and responsibility to reach those        December 1991, 1,740 offenders success-      have significantly increased the pen-
offenders whose minor crimes just             fully graduated from the program-            alty for crimes for adults who sell
brought them into the system, but who         1,740-and only 3 percent of those peo-       drugs in a drug-free zone.
would not be sentenced to prison any-         ple have been rearrested-3 percent.             Well, those gang members, those
way. That is this group here.                 Before the drug court program was in-        adults got smart. They are nothing, if
   Drug court programs combine the            stituted, the rearrest rate for those of-    not enterprising. They go out and they
carrot of intensive supervision by pro-       fenders, those nonviolent, first-time of-    get young people, 12, 13, 14, 15 years
bation officers and mandatory drug            fenders was 33 percent.                      old. They get them to go in. They pay
testing and treatment, with the stick            The program is saving money that          them. They get them to go into the
of certain prison terms if the individ-       can be redirected to incarcerating and       drug-free zone and do the same thing
ual again strays from the straight and        treating violent career criminals. In        they were doing, knowing that if they
narrow.                                       Miami, it cost $17,000 a year to keep an     get arrested, that young person, they
 27184                                   CONGRESSIONAL RECORD-SENATE                                             November 3, 1993
  get treated as a juvenile and not as an      and in difficult neighborhoods that has        next generation of juveniles to crime
  adult.                                       impacted upon drug use has been the            and drugs.
    So, although it is hard to stay one        existence of a boys club or a girls club          I will go back and note again, par-
  step ahead of crime, I want to make          in a housing project. We should encour-        enthetically, this bill does not deal
  sure that anybody who is convicted of        age more of that.                              with all of that problem. The drug bill
  sending a kid into that zone to sell            Examples, as I said, of success are al-     will do a great deal more of what I am
  drugs, they have their sentence tripled.     ready in use in boys clubs and girls           talking about as well as measures re-
  So whether they go into the zone or          clubs, as well as with antigang and            lating to the ownership and use of
 not, they get nailed.                         drug programs. These are located in            guns. But this is a step, and an impor-
    Finally, the bill encourages States to    public housing projects. The program            tant first step, in this four-part or five-
  treat those most violent among the ju-      involves those at risk for gang recruit-        part program that I envision.
 veniles as adults, providing grants for      ment and getting them involved in                 There is another title in this bill, an-
 bind-over systems, to permitting the         positive group activities designed to           other section, title XIV called rural
 prosecution and sentencing of violent        seek to instill self-esteem and some re-        crime.
 16- and 17-year-olds as adults.              sponsibility.                                     I think it was 4 years ago I put out a
    And I must tell you, it has pained me        Look, all you have to do is turn on          staff study pointing out that the rise of
 to get to this point, for I have been one    the television in any metropolitan              crime, and violent crime, was rising at
 for 20 years who has fought against          area, as well as rural area, and watch          a higher rate in rural America than it
 making it easier for a child to be tried     the news broadcasts these days. I              is in urban America. And everybody
 as an adult. But there are certain facts     watched one last night. A young black          but the Senators who represent rural
 I can no longer ignore. And that is, the     girl in a high school, I believe she was        States thought maybe that was a bit of
 most violent offenders in our society        a 10th grader. They were asking her             exaggeration, that I was just trying to
 today are not adults. The repeat vio-        questions about a lot of these kids.           spread the net of support for my meas-
 lent offender is as likely to be a 16-       They were walking out and they asked           ures.
                                              her a question about whether or not               Those of you who are watching, who
 year-old as it is a 22-year-old. And for
                                              she wants to join a gang, or be in a           are citizens, and those who are here
 those repeat violent offenders, this bill
                                              gang, or if she is worried about vio-          from rural communities, I expect you
 does not require the State to treat
                                              lence. She said, in very stark terms,          could come before my Judiciary Com-
 them as adults, but it allows them to if
                                              "You got to watch your back all the            mittee and testify in some great detail
 they meet two criteria. One, they are
                                              time in the school. You've got to al-          how crime is on the rise even in your
 over the age of 16; and two, they are                                                       rural communities. There are a lot of
 the most serious of the violent offend-      ways be looking. You don't know
                                              whether someone is just going to come          reasons for that which, when we get
 ers with previous records.                                                                  into debate, I will speak to. But I felt
    But communities, in my view, must         up and blow you away for no reason at
                                              all."                                          it important that we address the spe-
 fight and try to deter juvenile crime at                                                    cific problem of rural crime in this
                                                 We wonder why kids get in some of
 the same time we get tougher with it.                                                       crime bill. It is on the rise and at a
 The bill authorizes $100 million for         these gangs. They are scared. They are
                                              children. Most of them are scared. We          faster rate than in any other part of
 grants to States for antigang and anti-                                                     America.
                                              have to provide some alternatives for
 drug trafficking programs. Participat-                                                         According to the most recent report
 ing States must devote 50 percent of                                                        of the FBI, violent assaults rose 30
                                                 The clubs I referred to focus, as well,
 the money to, no more than 50 percent        on drug prevention and reduction and           times faster-Did you hear what I just
 of the money, to law enforcement, and        elimination. The program was named            said? Thirty times faster in rural
they must devote 50 percent of the            as one of 10 exemplary prevention pro-        America than in our 25 largest cities in
money to prevention, because ulti-            grams in 1990.                                 the United States of America. The
mately the answer lies in prevention.           A recently completed evaluation             number of rapes rose in rural America
   Each community can devise pro-            found, as I said, that public housing          more than 9 percent while decreasing
grams that best fits their needs, wheth-     communities with clubs saw the num-            by nearly 4 percent in urban America.
er they be investing in investigation        ber of children involved in dangerous             Drugs also are an increasing menace
and prosecution of juveniles involved        activities decrease as more construc-          to rural States. The number of arrests
in drug related crimes, targeting vio-       tive educational and social activities         for drug abuse violations in rural
lent juveniles with increased effort of      were made available to them.                   America jumped almost 23 percent in
apprehension and punishment, or work-           In this crime bill, we also include a       1992. New drugs, such as smokable
ing to disband gangs ravaging rural as       thing called the Safe Schools Program          methamphetamine or "ice." and a new
well as city neighborhoods, or develop-      to provide grants for anticrime and            inhalant referred to in the slang as
ing programs for counseling and treat-       safety measures, to develop education          "cat"-c-a-t-have proven especially
ment of drug involved youth, or creat-       and training programs for the preven-          popular in rural areas.
ing active programs to help high-risk        tion of crime violence and drug abuse             To meet this challenge, my bill pro-
kids with criminal behavior.                 and alcohol.                                   vides $50 million for drug- crime-fight-
   There are certain things that we             For example, the funds in this bill         ing money to aid State and local law
found out that surprised even me over        can be used to hire teachers for after         enforcement areas and 50 percent of
the years. In a public housing project       school programs, for after school drug         this aid, $25 million, will be divided
where there is no boys clubs or girls        counseling and after school crime              equally among 19 rural States; the $1.3
clubs, the rate of violent crime and         counseling; to hire police patrol offi-        million per State that this would pro-
drug use in that project far exceeds a       cers, in some high schools, to patrol          vide is enough to deploy an additional
similarly situated housing project           the hallways and the school campus;            50 drug-fighting police in each of the
where there is a boys club or a girls        and for safety measures, such as metal         rural States, and this is above and be-
club.                                        detectors and video surveillance de-           yond the grants for community polic-
   Sounds like what your mom used to         vices in hallways.                             ing also available to those States under
say, does it not? Idle hands are a dev-         It is sickening that they are needed,       title 1 of this bill which I discussed
il's workshop. Children without some-        but they are needed. The youth vio-            much earlier. The remaining 50 percent
thing to do, without some adult super-       lence provisions of this bill attacks the      of this aid is targeted to rural areas in
vision, are going to get in trouble. How     program of juvenile violence from both         the other 31 nonrural States.
many times when we were kids did we          ends-punishment as well as preven-                The bill also establishes a rural drug
hear that.                                   tion.                                          enforcement task force in every Fed-
   But we find out the most significant         This is the heart of our fight against      eral judicial district encompassing sig-
thing we can point to in inner cities        crime. We cannot afford to lose the            nificant rural lands. The goal is to
 November 3, 1993                        CONGRESSIONAL RECORD-SENATE                                                            27185
  make these resources of Federal agen-        the heart of a solid effort to help            covering violent crimes, drug traffick-
  cies, both in manpower and expertise,        States and localities fight the crime          ing, and gun crimes.
  available to local law enforcement in        that plagues them.                                These include, for example, increased
  rural areas who lack the staff and the          These are the key programs of S. 1607       penalties at the Federal level for drug
  funds to focus solely on investigating       that can begin to make a difference in         dealing in a drug-free zone, for use of
  and prosecuting drug trafficking.            how secure Americans feel. They are            semiautomatics in the commission of a
     Think of how many towns there are         the provisions, I hope, the Senate will        Federal crime, for drunk driving with a
  in America, let alone my State, that         focus on when we debate the anticrime          child who is injured in that auto-
  have 2,000 people, 3,000 people. They        legislation.                                   mobile, and others-increased pen-
  have a police force of one person, two          My bill does contain provisions on in-      alties.
  persons, or three persons. And all of a      creased Federal penalties, on habeas              Title III is, in one sense, the least im-
  sudden in that rural State, they have        corpus reform, neither of which, in my         portant and, in another sense, the most
 happen what is happening all over the         view, are nearly as important as what          complicated and, in the third sense, the
  country-gangs like the Bloods and the        I have just finished describing in the         most controversial provision of this
  Crips and others, who make a lot of          fight against crime. But these issues          bill. It contains a tough and, in my
 money on producing synthetic drugs            have consumed hours of debate on the           view, fair habeas corpus reform pack-
 like methamphetamines, all of a sud-          floor of this body so I will briefly ad-       age.
 den set up shop outside their areas be-       dress the tough, fair compromise provi-          Habeas corpus is abused now by pris-
 cause they are getting caught in urban        sions on these points included in this         oners. My good friend from South Caro-
 areas.                                       bill in the hope that we can quickly            lina, Senator THURMOND, will no doubt
    What does that-God bless him or           move on and keep our attention fo-              tell us of people who have been on
 her-local police officer know about          cused on passing a bill that contains a         death row for 16 years in his State who
 drug enforcement? How can they deal          critical aid to State and local law en-         have filed many habeas corpus peti-
 with it being across State lines?            forcement and other programs I de-              tions. But everyone who is listening to
    So what we provide in this bill is the    scribed.                                        this debate should know that anyone
 ability to have drug enforcement                Titles I, IV, and XV, the Federal            who files a habeas corpus petition-
 agents from the Federal Government           death penalty and other increased pen-          that is, a petition for a new trial on the
 and FBI agents from the Federal Gov-         alties provisions of this bill, I will ex-      grounds that they did not get a fair
 ernment work with them in teams to           plain now.                                      trial the first time-is already and by
 teach them to provide them intel-               S. 1607 authorizes the Federal death         definition must be behind bars, out of
 ligence information and to actually          penalty for 47 offenses, most of which          harm's way, and no danger to society
 work with them on arrests.                   have passed the Senate previously.             because they are in a jail.
    I think we have evidence that it has      These include, for example, murder of a           The thing I find most confusing when
 worked in the past. And it will work in      Federal law enforcement officer, drive-        I discuss habeas corpus-and I suffer
 the future.                                  by shootings, terrorist murders, and           from being a lawyer; and in law school
    So, these task forces, Federal task       car-jackers who murder.                        and in my practice, I had to learn
 forces, will be chaired by the U.S. at-         As I said earlier, I support the death      about habeas corpus, the so-called
 torney in the district in which this         penalty. The death penalty procedures          great writ, also mentioned in the Con-
 rural community is. They will include        contained in the bill have also passed         stitution, habeas corpus-is that most
 representatives from State and local         the Senate once before, either in the          people, if you listen to the rhetoric on
 enforcement agencies, the Federal drug       1991 crime bill or as part of the drug         the other side of this argument, think
 enforcement agencies, the FBI, the           king pin death penalty enacted in 1986.        somebody filing a habeas corpus peti-
 park police and forest services.             Among other specifics, these proce-            tion is also the same person wandering
   The Attorney General is specifically       dures, before you can be sentenced to          the streets committing more crimes.
 authorized to cross-designate Federal        death-these procedures set forth the           As a matter of fact, I facetiously said
agents to fight drug trafficking in           intent standard that must be proven by        in a previous debate, the way my col-
rural jurisdictions. This plan can effec-     the prosecution. They delineate the           leagues described habeas corpus, you
tively add hundreds of new Federal            mitigating and aggravating factors a          would think habeas corpus was a vio-
agents to antidrug efforts in rural           jury must consider in deciding whether        lent repeat offender crouched behind a
America.                                      to impose a death penalty. They out-          garbage can in an alley in the city of
   The Federal Government can also           line the procedures by which a sentenc-        Washington, DC, ready to leap out and
help rural law enforcement benefit           ing hearing is to occur. And they pro-         rape someone or murder them.
from the expertise of Federal agents          vide for appellate review of the death            Habeas corpus is a piece of paper. The
who have specialized in narcotics con-       sentence.                                      piece of paper must be written by a de-
trol. The bill directs the Director of           The procedures allow the Govern-           fendant, slipped through the bars of a
the Federal law enforcement training         ment to present a victim impact state-         prison cell, and handed to someone to
center at Glynco, GA, to develop a spe-      ment at sentencing and the victim's            be mailed to a Federal judge. That is
cial course specifically devoted to          family to testify at the sentencing            what a habeas corpus petition is. It
training rural law enforcement officers      hearing.                                       says:
in the investigation of drug trafficking         The procedures also provide that no           Federal Judge, they put me in jail. They
and related crimes.                          one under 18 may be sentenced to death        violated my rights. I want you to look at it
   As I go around America, that is the       and that no one with a mental retarda-        and see if I got a fair trial.
help I get asked for the most. We do         tion-mental retardation, not mental               In layman's terms, that is what ha-
not have the facilities in our State,        illness, not temporary insanity-but           beas corpus is. So I hope during this de-
Senator, to train a rural law enforce-       certifiably mentally retarded, can be         bate we will not get misled-and we
ment officer. Can you arrange for us to      executed.                                     will hear talk about we could totally
get sent down to that first-rate outfit         They also require juries to be in-         eliminate habeas corpus-what a trav-
at Glynco, GA? Can they train us like        formed of their options to sentence the       esty it would be of 800 years of English
they do the DEA agents and the FBI           defendant either to death or to life im-      jurisprudential reverence for habeas
agents? The answer is yes, we can and        prisonment without possibility of pro-        corpus-we could eliminate it and we
we should.                                   bation or parole. The death penalty           would not make one person safer in
   These programs for community po-          provisions are tough and the proce-           America. Not one person in America
lice, for prisons and boot camps and         dures are fair.                               who was, in fact, violated by someone
drug courts, for juvenile and rural law         In addition, the bill authorizes over      would be safer because we did not have
enforcement and prevention, these are        60 increased penalties for new offenses       habeas corpus at all.
 27186                                    CONGRESSIONAL RECORD-SENATE                                          November 3, 1993
     So let me go to what habeas corpus          prosecutor knew that there was a train         Let me remind everybody why we
   does in this bill. Notwithstanding all        that long but did not tell the jury and     have Federal habeas corpus to begin
   that, it is still abused, and there are      said, "No, that wasn't true. John did        with. Federal habeas corpus, that is re-
   key components of the legislation the        it."                                         viewing a conviction at the State court
   Attorney General and I and the Presi-            Ten years later, they find out when      level. Joe Doe is convicted in such and
   dent have endorsed and introduced            they are cleaning out the police files       such a county in the State of X. It did
  here.                                         that the policeman lied or the prosecu-      not used to be, 100 years ago, that you
     No. 1: It limits prisoners to a single     tor lied or a witness lied. It seems to      could go to a Federal court and say did
  Federal habeas corpus petition. One           me a simple common decency if new            they do this the right way? But what
  time they can slide a paper between           evidence, real evidence of someone's in-     happened was there was a famous case
  the bars, figuratively speaking, and          nocence comes to the front at any time       in a southern State, to remain name-
  say, "I didn't get a fair trial," and a       they are incarcerated, they should be        less, where the prisoner was denied, the
  Federal judge must look at it. It places      able to slide a second petition through      convict was denied an opportunity to
  a 6-month time limit on that single pe-       the bars and say, "I'm innocent; look        prove that this State court had totally
  tition. They get put in jail and they         at this evidence; it's new. We didn't       ignored his Federal rights under the
  have to send that petition through the        know it at the time; you didn't know it      Federal Constitution.
  bars to the Federal court within 6            at the time."                                  It was such an outrageous case and
  months of them having been convicted.            That is one circumstance in which        people became so angry at the mis-
     Next. it applies to both death row in-     they can file a second habeas corpus        carriage of justice, they said look,
  mates and noncapital inmates for              petition.                                   where a State court is ruling on a piece
  where the State has offered counsel for          (Ms. MOSELEY-BRAUN assumed the           of the Federal Constitution, and a pris-
  State habeas        corpus   proceedings.     chair.)                                     oner convicted believes that the Fed-
  Translated, it means when that person            Mr. BIDEN. Madam President, an-          eral Constitution was not applied by
  got put into jail and they filed a habeas     other one is to show that a constitu-       the State, he should be able to go to a
  corpus petition to the State court, the       tional defect existed in the sentence.      Federal judge and say, "I'm in jail, be-
  State provided, if they did not have the      That is not a constitutional defect in      hind bars but I want to point out to
  money, provided a lawyer to help them         the trial. You were convicted properly,     you, Judge, when they arrested me,
  draft that petition.                          but it turns out that someone at the        they beat me with a rubber hose and
    It allows certain exceptions-lim-           sentencing phase perjured themselves.       got a conviction," or "they set bail
  ited-for a second petition; that is, it      They said in the sentencing phase-the        that was in violation of the eighth
  starts off and says you can only send        way it works is, they do a presentence       amendment," or they did any other
  one note through the bars to the Fed-        report. If it is a capital offense, they     number of things.
  eral court, except you can send a sec-       have a bifurcated trial, as I know my           So if a State court made a mistake or
  ond one through in the following cir-        colleague who is a lawyer and a former       refused to look at the Federal rights
  cumstances, and they are very extraor-       Federal prosecutor knows-who is pre-         we all have under the Constitution,
  dinary: One is to establish my inno-         siding now-at the Federal trial, do          they said you ought to be able to look
  cence. To give you an example. The           you get the death penalty or life?           at them because there were States that
 first one sent through said my con-               One of the things considered is what     were clearly not looking at them.
 stitutional rights were violated be-          the witnesses say at that point. If there       I might add, by the way-the Presid-
 cause they did not do A, B, or C in the       is evidence at a later date that some-       ing Officer knows this-to 40 percent of
  State trial, and the Federal court looks     body lied at that sentencing proceed-        the people who file a Federal habeas
 at it and says that they did it the right     ing, or your constitutional rights at        corpus petition, the Federal courts say
 way; your constitutional rights were          that part were violated and you find         yes, you are right; they did violate
 protected, so you stay in jail; you do        out about it, you should be able to          your rights; you get a new trial or a
 not get a new trial.                         slide a second piece of paper through         new sentencing proceeding. That is
    Then, a year later, 6 months later, 10     the bars and say, "Look at my sen-           what It is now in capital cases-40 per-
 years later, while you are still in jail,     tence, Judge; they didn't do it the          cent of the time the Federal Govern-
 somebody walks into the courtroom            right way."                                  ment says yes, you are right: the Fed-
 and says, "You know, when John Doe               If we pass the legislation as we have     eral judge says yes, you are right; they
 was convicted of murder, I lied at his       written it here, it does not allow the       did violate your rights.
 trial. I am the one who killed Cock          petitioner to do what they do now, hav-          So it is not that these filings are all
 Robin. I did it."                            ing filed 10 petitions, say I have a new     specious. But we greatly restrict it, I
    Now that prisoner can say, "Hey, I        idea. When I was a child, my mother          think fairly, but greatly restrict it.
 have new evidence here. I am innocent.       did not breast feed me. I was fed by a           This legislation allows claims of in-
 I did not commit the crime. I get a          formula, and the formula contained a         nocence based on newly discovered evi-
 chance to send a second habeas corpus        nitrate in it and/or lead in it which im-    dence to be heard by a Federal court. It
 petition through the bars to the Fed-        paired my ability to form a conscience.      requires States to provide indigent cap-
 eral court saying I am innocent based        As a consequence of that, I cannot now       ital defendants-translated, no money,
 on real evidence."                           be held accountable for the crime that       cannot hire a lawyer-with counsel,
    There are a number of cases we have       I was convicted of having committed,         lawyers, who possess specific qualifica-
read about where people on death row          even though I committed it, and I            tions at all stages of State proceedings,
have turned out not to be guilty. A           should get a new trial and be able to        authorizes Federal grants up to 75 per-
case in point, one recently I think was       introduce this in evidence.                  cent for the additional cost that will be
in the State of Virginia where the pros-          Those are some of the kinds of peti-     imposed on the State having to pay for
ecutor kept out of evidence material in       tions that get filed, as outrageous as       this new counsel.
the police file that proved that the per-     that. You cannot do those kind any-             Let me put this in perspective. I say
son did not commit the crime. They            more under this bill. Only if you are in-    to my friend from Illinois, who pre-
said-I forget the facts of that case-         nocent do you get a second shot, if you      sides, there is one State in America
but a case where they say, "Well, John        have evidence of it, or only if you can      where, if you are assigned a lawyer in
killed Mary at 1701 Elm Street," and          make a case that your constitutional         a divorce proceeding, you are able to be
John said, "I wasn't there; I couldn't        right was violated in sentencing.            paid as a lawyer a great deal more
have been there because when I left my           This legislation on habeas corpus         money than you could if you are as-
house to cross the railroad tracks,           specifically disavows the concept of         signed a capital case.
there was a 270-car train. I could not        full and fair, which would virtually            In this particular State, they have a
get through. It wasn't me." And the           eliminate Federal habeas corpus.             State law saying that if we assign you
 November 3, 1993                         C:ONGRESSIONAL RECORD-SENATE                                                        27187
  to represent someone who is being             people or keep people in jail in viola-        death penalty procedures, because the
  tried for a capital offense, murder say,      tion of the U.S. Constitution. To en-          truth is I support the death penalty. I
  the most you can receive in a fee is          sure fairness, the provision makes sure        have 46 death penalty provisions in this
  $1,000--1,000.                                that indigent capital defendants get           bill. But I must say before the Senate
     Now, how many good lawyers are             good lawyers at trial and throughout           and all the Nation that if we elimi-
  going to take any of those cases? Who         the State proceedings.                         nated those 46 or we made them 106, it
  do those poor so and sos, the innocent           The Judiciary Committee hearings            would make no dent on the violent
  ones, get to represent them? They get         over the years have documented that            crime problem in America.
  the worst lawyers. They get the law-          capital defendants in many States re-            In the last crime bill I had 50-some
  yers who are not very smart, and they         ceive utterly incompetent and utterly          penalties for death in the bill. We
  get the lawyers who never handle a            unqualified representation. I worked           asked the Republican Attorney Gen-
  criminal case or never handle a capital       both with the prosecutors and the              eral's office, had they all been in the
  case, or they get a lawyer who did han-       criminal defense bar to come up with           law in the year 1990, I believe it was,
  dle it, who is not going to spend a           the counsel provisions that would             how many people would have been sen-
  whole heck of a lot of time on it.            make a difference. This bill includes          tenced to death under this signifi-
     So we say, look, we will pass a rule       detailed qualification standards for          cantly increased death penalty. Do you
  saying that the Federal judges cannot         lawyers defending capital indigent de-         know what the answer was, Madam
  look at these habeas petitions repeat-        fendants.                                     President? Six. S-i-x, six persons.
  edly, which drives you State prosecu-            The goal is to eliminate the very             There is a simple reason for it. We
  tors crazy, if you will help us out here;     need for protracted habeas corpus pro-        will have Republican and Democratic
  prevent the need for these to be filed.       ceedings by making the first criminal         colleagues jump up and down and tell
  Give people who do not have money             trial the main event where competent          you we are going to get death, we have
  real, live lawyers to represent them, so      counsel work to keep errors from oc-          a death penalty in this bill, and some
  constitutional rights are not violated,       curring in the first place.                   people are going to praise me for put-
  so we never get in this spot in the first        The habeas provisions also recognize       ting 26 death penalty offenses in here,
  place.                                       that if a death row inmate comes for-          and I am a tough guy. The truth of the
    That is the tradeoff here. So we are       ward with new and exceptionally per-           matter is it does not matter because
  ready to say we will shut down the           suasive evidence that he is innocent he        all of the violent crime we are talking
  number of times someone can file a pe-       should have a chance to have a Federal         about falls within the jurisdiction of
  tition from a State prison to a Federal      court hear his claim before he is sent         the States, 96 percent of all the crime
  court, requiring, I might add, a State       to death.                                      is at the State level. We do not have
  prosecutor to respond-that is why the            Finally, the provision makes sure          the authority to pass a death penalty
  States get upset about it -if    you will    that the Federal courts continue to            for each and every State.
  provide these people with some rep-          play their historic roles as the final ar-        So all you get to try at a Federal
  resentation the first time around.           biters of the Federal Constitution.            level under the death penalty provi-
    But there are those in this body who           The Republican alternative called          sions are those that fall within the
  say we should make habeas corpus sub-        the full and fair reform would make            Federal jurisdiction, a precious few. So
  scribe to something called the full and      radical and unprecedented shift by giv-       as much as I support the death penalty
  fair doctrine, which means that if the       ing the final word on what the Federal        with the proper safeguards built in,
  State prisoner received a chance to file     Constitution requires even where a            against putting the innocent to death,
  a habeas corpus petition from a jail in      State decision is wrong to the State           the honest to God truth of the matter
  a State court saying I did not get a fair    courts. In the last Congress it was the       is, if they worked perfectly, they will
  trial, and he or she exhausts all of         opposition of the national prosecutors        have little or no impact on the 5.7 mil-
  those remedies -that is, it goes to the      that stopped the passage of another ha-       lion violent crimes committed a year
 lower court, the upper court, and they        beas corpus provision and in turn the         in this Nation.
 go through the chain of events in the         entire crime bill. The reform provi-              But you will hear on this floor, when
 State-regardless of whether or not the        sions in my bill which we will be debat-      this debate gets going, assuming they
 State court made a mistake, regardless        ing S. 1607 has the support now unlike        allow us to, you would think that ha-
 of whether or not the State court in-         last time because we have made signifi-       beas corpus and the death penalty are
 terpreted properly, they say if you just      cant changes for the National District        the important parts of this bill. They
 go through the motions, you are not al-       Attorneys Association, of over two           are poor. But in terms of affecting
 lowed to go to Federal court period,          dozen State attorneys general, and of         crime in the street back home where
 whether you are innocent, whether you         Attorney General Reno, and the Presi-        my wife shops, where my mother lives,
 have evidence of your innocence,              dent of the United States.                   where my brother works, it will have
 whether it is clear your constitutional          It is has drawn a lot of fire from        literally no impact.
rights have been violated. If the pros-        those who are unwilling to com-                  The other parts are the important
 ecutor has taken it through the State         promise. It has the support of those         parts. So as I say again in conclusion,
 court system, you cannot, for any rea-        who agree that compromise is nec-            it is not whether or not we have more
son, get into Federal court as a prac-        essary to limit abuse and thereby pre-        death penalties or a different habeas
 tical matter. Or, put another way, full      serve the writ of habeas corpus from          corpus but whether we can provide as-
and fair means no more Federal habeas         further erosion.                              sistance to State and local law enforce-
corpus. This makes sure.                         Madam President, as we proceed, as-        ment in the front lines of the crime
    We explicitly say no, that is not what    suming our Republican colleagues              fight.
we are talking about here.                    allow us to proceed, to get about the             S. 1607 offers real assistance targeted
    Madam President, habeas corpus re-        Nation's business of helping local law        to putting more police on the streets
form is necessary to reduce abusive           enforcement and local officials deal          and to helping States identify and im-
delays in carrying out State court sen-       with this virulent crime problem, as we       prison violent offenders and target for
tences. To guard against that abuse,          proceed, I hope we do not lose sight of       deterrence nonviolent offenders.
the provision limits prisoners, both on       what matters most in fighting violent             Madam President, these are very
death row and behind cell bars not on         crime that America fears, not the legal       practical goals, the kind of goals that
death row, to a single Federal habeas         debates over habeas corpus. That will         can make a difference, and I urge each
corpus petition. For the first time ever,     not fight violent crime; not whether we       of my colleagues to support this bill as
it sets a 6-month time limit on filing        have a few more or a few less incarcer-       we proceed.
that petition. At the same time, it also      ated in our Federal penitentiaries, not           Madam President, that concludes my
helps ensure that we do not execute           whether or not we have additional             opening statement.
 27188                                   CONGRESSIONAL RECORD-SENATE                                        November 3, 1993
      I sincerely hope that my Republican         Madam President, a number of weeks         Mr. GRAMM addressed the Chair.
  colleagues will soon come to the floor        ago, I went home at 2:30 in the after-       The PRESIDING OFFICER. The Sen-
  and say, let us debate this bill, let us      noon to meet a repairman, and I saw ator from Texas is recognized.
  pass a bill to help the American people.     people casing our block. It was very ob-      Mr. GRAMM. Madam President, I
  Because if they do not, they will set a      vious what they were doing. I called hope my colleagues will bear with me
  new record, figuratively speaking, for       911, and they never came. Madam today. I have a little bit of a hoarse
  this body of having prevented the Na-        President, I had a similar experience throat.
  tion's most deliberative body from act-      when my wife was attacked 8 blocks            Since we are about to take up the
  ing on crime legislation for going on 3      from this Chamber; I called 911, and it crime bill, I thought it was important
  years. It is outrageous; outrageous.         was busy.                                  to talk a little bit about that issue, to
  They cannot say they care about af-             Madam President, something very, talk about what the differences are,
  fecting crime. They can come, and they       very serious is going on in our society. what we are going to be debating when
  will, and disagree with the Biden, the       There is a breakdown of social order. we actually bring up the crime bill
  Clinton, the Reno approach to dealing        Nowhere can it be seen any more clear- here this afternoon, and what the fault
  with crime. They can do that. I am pre-      ly than in this Nation's Capital City. line is in terms of where there are
  pared to debate and take my licks and        And now we have an opportunity to clear-cut differences.
  savor my victories on the parts that         turn to a piece of legislation to deal       I think that the President and Re-
  survive. But they cannot say they care       with at least a part of the problem. publicans agree on crime. I think our
  about crime and say we are not even          And I make no representation beyond area of disagreement is on punishment.
 going to let the U.S. Congress vote on        that, because I think all of us know The President came into office, cut
 it.                                           this is much more complicated than a prison construction by $580 million;
      Madam President, I suggest the ab-       crime bill. The incidence of children and then immediately the President
 sence of a quorum.                            having children, the terrible poverty, and the Attorney General started talk-
      The PRESIDING OFFICER.          The      the loss of hope, the loss of a sense of ing about overturning minimum man-
 clerk will call the roll.                     opportunity that crushes people's lives, datory sentencing.
      The legislative clerk proceeded to       that makes them feel they have no            I believe that the American people
 call the roll.                                stake in this society, clearly contrib- want more minimum mandatory sen-
      Mr. CONRAD. Madam President, I           utes to crime.                             tencing. I think if there is a consensus
 ask unanimous consent that the order            In fact, in my wife's case, I spent 4 on any issue in America, it is a consen-
 for the quorum call be rescinded.            days with police officers-three black sus that violent, predator criminals
     The PRESIDING OFFICER. Without           and three white. We sat in a witness ought to be in prison.
 objection, it is so ordered.                 room and talked at great length about         Every day, we read in the paper, we
     Mr. CONRAD. Madam President, I           what they see happening. I can remem- see on television and, too often, many
 thank the Chair.                             ber so well when I asked, "What do you Americans with their own eyes see ter-
     I came over to the floor prepared to     see? What is happening out there? Why rible, brutal crimes being committed
 offer an important and substantive           is this happening?" Those police offi- by people who have committed dozens
 amendment to the crime bill. Madam           cers, black and white, started to relate of crimes before-whether we are talk-
 President, imagine my surprise to find       to me experience after experience, ing about the lady in Maryland who
 out that although we are at 2:30 in the      things they had seen, things they had was brutally killed in a carjacking and
 afternoon we have not even gotten on         heard, things they had experienced.        dragged for a mile and a half, and the
 the crime bill.                                 One of them told me, "Last week, we baby was thrown out in the street; or
     We are not on the crime bill because     took into custody a 12-year-old young whether we are talking about the trag-
 apparently the other side, the minor-        boy, and he had $1,800 in his pocket." ic shooting at the swimming pool in
 ity, has refused to allow us to proceed      They went back to that young boy's the District of Columbia; whether we
 to the crime bill. I hope the other side     home, and they found a crack-addicted are talking about the murder of Mi-
 will relent and allow us to proceed to a     mother, a crack-addicted aunt, two sib- chael Jordan's father; all of those
 piece of legislation that I think is one     lings younger than the 12-year-old, and crimes have one thing in common, and
 of the most important subject areas          they found that the 12-year-old was it is something that the American peo-
 that we can address this year.               providing for the entire family. He was ple finally have realized: In each and
   Madam President, we do not need to         paying the rent. He was buying the every one of those cases, the people
 go two blocks from this Chamber to see       food. He was buying the clothing for who perpetrated those crimes were peo-
 the urgent necessity for the U.S. Sen-       the members of that family. He was 12 ple who should have been in prison.
 ate, and the U.S. House, to act on           years old, and he had 31,800 cash in his They were people who had previously
 crime.                                       pocket.                                    been arrested. They were people who
   Within just four blocks from this             How did he get that money? The had already been sentenced. And if the
Chamber a 12-year-old girl on East Cap-       charge was that he was selling drugs criminal justice system had not broken
itol Street at 7:45 in the morning was        and serving as a lookout for others who down, they would have been behind
raped.                                        sold drugs. What chance does that kid bars.
   Madam President, we just saw, days         have in life? What chance do his broth-       We do not know whether they would
ago, the first life sentence without pa-      ers and sisters have? And what is going have been rehabilitated behind bars or
role imposed in the District of Colum-        to be the societal impact of a life of not. We do not know whether they
bia in the murder of a 22-year-old            crime for that young person? We know would have come out of prison as new
woman who worked for us in the Con-           the terrible statistics, because those people or not when their sentence was
gress, who came to this city fresh           who start in life down that road rarely up. Hopefully, they would. But the
faced, ready to do good, ready to             escape from it. They are going to be re- point is that when they are behind
change things, ready to make things          peaters, and the crimes will get worse. bars, they cannot brutalize our people.
better. And she was grabbed by a fellow         Madam President, we ought to turn They cannot kill people on our streets.
who was just out of a halfway house          our attention to this crime bill.          They cannot impose this endless tor-
and was brutally murdered within                I see now that the Senator from Utah ture on our people.
blocks of this Chamber.                      is on the floor, and others, and I hope       So I think the first thing you are
   Madam President, 10 blocks from this      very much that we can get on this going to see in this crime debate is
Capitol, I could take any Member right       crime bill so that those of us who have that Republicans are very serious
now and we would be able to see heroin       substantive amendments to offer will about putting people in prison. One of
sales being made, drug sales being           have a chance to do so.                    the first amendments we will offer is
made, and nothing is being done.                I yield the floor.                      an amendment to build 10 regional
 November 3, 1993                         CONGRESSIONAL RECORD-SENATE                                                       27189
  prisons and to enter into a partnership        ter what other crimes he or she com-         I think last night, all over America,
  with the States, whereby we will have         mits, no matter what the sentence is        at least in those places where people
  joint funding to construct prisons that        for the violent crime or drug felony,      went to the polls, they spoke very
  will be used to incarcerate State and         just by having that gun with them           clearly on this crime issue. They spoke
  Federal offenders who are violent             when they are committing a violent          clearly on it in New York City, in New
  criminals, who are predator criminals,        crime or drug felony, we want them to       Jersey, and in Virginia. I think what
  who are repeat offenders, so that we          get 10 years in prison without parole       they said is there is not a substitute
  can end this tragedy where violent re-        for that gun violation.                     for grabbing criminals by the throat.
  peat offenders, predators who are com-            If they discharge that firearm with     No matter how they felt about subsidi-
  mitting hundreds of crimes a year in          the intent to do bodily harm, we want       ary issues, I think the American people
  many cases, are still out walking the         20 years in prison without parole. If       last night, in very large numbers, said:
  streets.                                      they kill someone with that firearm,        We are tired of our Nation being bru-
    We are going to hear from the distin-       we want mandatory life imprisonment,        talized by violent criminals. We want
  guished chairman of this committee            and in aggravated cases, we want the        something done about it. And they
  that his bill authorizes a lot of spend-      death penalty. We want a three-time-        voted for candidates who are willing to
 ing. I think most people know what             loser provision. We want a provision of     do something about it. I think they are
  that means. But let me explain it just        law that says if someone is convicted       ready for the Senate to do something
 in case some do not.                           three times of a violent crime or a drug    about it.
    Authorizing    the   expenditure     of     felony, major drug felony or a serious        I hope that our colleagues are ready.
 money is a promise. It just simply says        violent crime, that on the third convic-    I look forward to getting a chance to
 that we have written a law and we have         tion of any combination of violent          debate the issues. I think they are very
 said that it is OK to spend money.             crimes or major drug felonies, the time     important. I think if there is a top
    The bill which will be brought to the       has come to protect society and we          issue in America, the issue is crime. I
 floor of the Senate by the chairman of         ought to have a three-time-loser provi-    think the American people have lost
 the Judiciary Committee does not pro-          sion which provides life imprisonment      patience with a criminal justice sys-
 vide one nickel of actual money. It            without parole for a three-time con-       tem that does not work, a criminal jus-
 does not hire one police officer. It does      victed felon who has violated the law      tice system that seems more concerned
 not fund a single program for a single         or at least been convicted three times     about the rights of criminals than
 dime. All it does is make grand prom-          for violent crimes or drug felonies.       about the rights of law-abiding citi-
 ises of what we are going to do in the            We want minimum mandatory sen-
 sweet by-and-by. It authorizes that            tencing for involving minors in drug
                                                                                              The PRESIDING OFFICER. The Sen-
 money can be spent, but it does not            conspiracies and drug felonies. We
                                                                                           ator's time has expired.
 provide the money.                             want minimum mandatory sentencing
                                                                                              Mr. GRAMM. Madam President, I
    As we all know, we are under a budg-        for selling drugs to a minor. Anybody
                                                who sells drugs to a child, no matter      was unaware that we were under a time
 et constraint. We have a spending cap.                                                    limit.
 So the way to provide the money is to         who their daddy is or no matter how
                                                                                              The PRESIDING OFFICER. Under
 be willing to take it away from other         society has done them wrong, in my
                                                                                           the order previously entered, there was
 uses. What our amendment will do on           opinion ought to go to the penitentiary
                                                                                           a time limit of 10 minutes.
 prison construction is provide $3 billion     for a minimum of 10 years. If they in-
                                               volve a child in a drug conspiracy or          Mr. GRAMM. Madam President, by a
 to build 10 regional Federal peniten-                                                     happy coincidence, I have just finished:
 tiaries to incarcerate State and Fed-         drug crimes, these hoodlums who use
                                               children to deliver their drugs ought to    thank you very much.
 eral violent criminals. But in order to                                                      The PRESIDING OFFICER. Who
                                               face a stiff minimum mandatory sen-
 participate, States have to adopt and                                                     yields time?
                                               tence without parole for involving a
 enforce a truth-in-sentencing provi-                                                         The Senator from California.
                                               child in a drug conspiracy.
 sion, and that truth-in-sentencing pro-           Those are issues that I feel very
 vision will say simply this: If someone       strongly about. I also believe they are
gets 10 years in prison, he or she basi-                                                         EXTENSION OF MORNING
                                               issues that the American people feel                    BUSINESS
cally has to serve 10 years in prison.         very strongly about.
   If they are willing to do that, they            So I look forward to having a chance      Mrs. FEINSTEIN. Madam President,
are serious about getting the violent          to debate this bill. I am not arguing       I ask unanimous consent that morning
predator criminals off the streets, and        that Republicans have all the good          business be extended for another 20
we want them to participate in this            ideas on crime. I think there will be       minutes.
program.                                       some issues where we will have a bipar-       The PRESIDING OFFICER. Without
   The difference between what we are          tisan basis of support. I think we need     objection, it is so ordered.
going to do in this amendment and              a very strong crime bill. If we are going     Mrs. FEINSTEIN. Madam President,
what is being done in this bill is this        to say we are going to do something,        I believe Senator LIEBERMAN would
bill makes a lot of promises. Govern-          we ought to cut other programs to pay       like to speak, and I would, as well.
ment is very good at promises. But the         for it and in the process we ought to be
bill does not actually do anything             providing money and not promises.
about funding.                                                                                       THE CRIME BILL
                                                  I want to ask my colleagues and the
   What our amendment will do is cut           American people as they follow this de-        Mrs. FEINSTEIN. Madam President,
Government spending by $3 billion,             bate, when you read in the newspaper        I would like to make this request to
taking $3 billion out of the President's       or see on television that we are talking    the leadership of this body to let this
savings that he claims he is going to          about hiring police officers or we are      crime bill move ahead. I was elected by
save by reinventing Government, low-           talking about building prisons, does it     5V2 million people from the largest
ering the spending caps over the next 5       say that we actually provided the            State in the Union. I believe the reason
years by $3 billion, taking it away from      money, or did we promise to do it in         I was elected to this Senate is to do
those purposes and spending it on pris-       the sweet by-and-by?                         something about crime, first and fore-
ons.                                             The problem with the sweet by-and-        most. It is something that I know
   The second amendment that we are           by is that often it does not come. On        something about, going back 30 years.
going to offer is minimum mandatory           our amendment on prisons, we are               I will now describe a little bit about
sentencing for gun violators. We be-          going to actually provide the money by       that, and then why I think it is so im-
lieve that someone who possesses a            cutting Government spending, and that        portant that we move ahead.
firearm during the commission of a            is a fundamental difference. I think           Thirty years ago, I became the
violent crime or a drug felony, no mat-       that this is an important issue.             youngest parole board member in this
 27190                                   CONGRESSIONAL RECORD-SENATE                                        November 3, 1993
  country. In the course of 5 years, I set     loaded gun, and that puzzled me. I said       I know something about recidivism.
  some 5,000 felony sentences of women         to her: "Why was the gun unloaded?"         This is a relatively low recidivism rate
  convicted of felonies in the State. I        And what she said really startled me. for young people; nearly 80 percent re-
  worked at the women's prisons. I in-         She said: "So I would not panic, kill main arrest-free after their release.
  spected every prison in my State, and        someone, and get the death penalty."          I remember when I grew up-Madam
  many throughout the world.                      Now that was direct testimony by a President, maybe you do, too-my No.
     I then went on and became head of a       felon to me that the death penalty was 1 fear-and this was typical of the gen-
  reform committee, a member of the            a deterrent. I was opposed to the death eration at the time-was that we might
  crime commission, ran for the board of       penalty in those days. It was the 1960's. die from an atomic weapon. Do you
  supervisors, became president, and              In the 1970's, in San Francisco, I know what the No. 1 fear of children is
  then headed the fire safety and police       walked into a mom and pop corner gro- today? They might die getting shot
  committee of that board.                     cery store. The proprietor had been going to school.
    As a product of assassination, I be-       shot and killed. The wife had been shot       What kind of a society is this? Chil-
  came mayor. My colleague was killed;        and killed. The dog was shot and dren do not know the difference be-
  the mayor was killed. And, as mayor,         killed. There was brain matter and tween right and wrong.
  when the city had a very high crime         blood all over. And, all of the sudden, I      The other night, a Senator sitting
  rate, we reduced crime by 27 percent        remembered that woman who said: "So right over there from a State in the
  over 7 years, for one reason: We could      I would not panic and get the death South told me about his daughter and
  get a 2-minute response time to an A-       penalty."                                   son-in-law who were parked on the
  priority call by a police squad car.           I am not proud that I believe the street, and the daughter heard a pop,
    That meant witnesses did not dis-         death penalty is a deterrent. I am not saw a Versateller, saw a 16-year-old
  appear, evidence did not get disturbed      proud of that support. But since those girl drop to the ground, and held that
  or removed, and there was a greater         victimized by murder and by aggra- girl in her arms as she died, over $20-
  likelihood of making an arrest and,         vated assault are those least apt to be over S20.
  therefore, getting a conviction. And        able to protect themselves, I believe         Here in Washington, we all saw the
  the crime rate, as we did this, went        the death penalty helps. And, yes, Washington Post Monday morning, an
  down.                                       those people are people of color, they 11-year-old: "What I want to wear at
    Crime can be reduced. Now, we do not      are poor people, and they are working my funeral."
 all agree on how. We do not all agree        men and women. They are the people            What kind of a society are we coming
  on what we can do. But I really believe     who have to go to an automated teller to?
  the basic elements to begin to attack       machine at night to cash a check when         The grandmother who, in her golden
 crime in this Nation are present in this     they get off a shift, and get shot in the years, watches television in a room
 crime bill.                                  head. And there has to be a swift and when inch and a half bullets come
    I do not agree with the habeas corpus     rapid penalty.                              through the wall and go right through
 provisions. I will move, along with Sen-        I happen to believe that by your ac- her, pinning her to the chair.
 ator HATCH, to remove them.                  tions you can, in fact, abrogate your         Or the father, standing on the corner
    I am sorry there is not an assault        own life. We all live by our actions. We with a baby in his arms, who gets a
 weapons bill in this crime bill. I will      are all judged by our actions. And so bullet in the brain. I have actually met
 move to amend it. There is no provi-         the penalty, in a sense, does have to fit   one of those couples in Los Angeles,
 sion to increase penalties for crimes        the crime. This bill moves in that di- and I will never, ever forget it. Such
 based on hate or prejudice.                  rection and provides the death penalty pride to have a child; and such pain to
    Madam President, you and I are co-       for terrorist killings and death penalty stand on a street corner and have that
 sponsors of a hate crimes bill, and we       for drive-by shootings.                    child die from a random bullet from a
 will move to add that to the crime bill.       I remember, in 1 year alone, in Los gun.
 But let the debate begin.                   Angeles the equivalent of two 747's full       We can do something about this. We
    Halloween was this weekend. Three         of people were killed by drive-by shoot- can get assault weapons off the streets,
 youngsters trick or treating in Pasa-       ers-in one city alone. Now, if two 747's if we care. We can change the system,
 dena were killed with a semiautomatic       came down in our cities, we would all if we care.
 assault weapon. And the Senate will         do something about it.                         But if we get hung up on technical-
 not let this bill move ahead? It is            So I say to those who are helping ities, I do not believe we belong in this
 wrong, Madam President. It is wrong.        hold up this bill, let us come on the body.
    Let me describe the ratio of the num-    floor, let us talk about these things, let     So I am here, from the largest State
 ber of police officers compared with the    us debate guns, let us debate the death in the Union that needs this help, to
 number of violent felonies in major         penalty, and let us debate boot camps. say please, let us move ahead with this
 cities. In Boston, there are almost 7          One of the reasons I won is because bill.
 violent felonies per police officer; in     this U.S. Senate would not come to             Madam President, because this issue
 New York, 61; in Newark, 10; in Jack-       grips with a crime bill last year. The is so important to the people of my
 sonville, 9.7; in Memphis, 6; in Atlanta,   people out there know what is happen- State, I want to expand on several as-
 10; in Dallas, 8; in Los Angeles, 10; in    ing. They expect that the basic respon- pects of these remarks.
 Oakland, 9.                                 sibilities of Government are the social       Madam President, I rise today to
   This bill has funds for police officers   and economic well-being of the people. speak both as a member of the Judici-
 that go on the streets of every commu-      And crime is the No. 1 concern.             ary Committee and as a Senator from a
 nity in this Nation. It has the drug           I think that this bill is a consequen- State where fear escalates day by day.
 court, it has the boot camps, it has the    tial bill; $2 billion for boot camps for      Fear has become an unwelcome resi-
 regional prisons, it has an increase in     youthful nonviolent offenders with sub- dent in the homes of America. As crime
 death penalties for those of us who         stance abuse problems, to construct re- rises and incidents of senseless, random
 happen to believe in the death penalty.     gional prisons for violent drug offend- violence increase, there is not a house-
   I happen to believe the death penalty     ers.                                        hold that doesn't feel the cold breath of
is a deterrent. Let me tell you why I           A Los Angeles program alone cur- menace and terror, all the more so if
believe that.                                rently operates 19 substance abuse and there are teenagers in the home.
   When I was on the parole board, I was     treatment boot camps where an esti-           Just this past Halloween evening,
sentencing a woman for robbery in the        mated 600 youthful offenders are treat- two men jumped from behind bushes
first degree. I noticed on the form          ed each year. One-half of those who at- and sprayed semiautomatic gunfire at
called a granny sheet that she had           tend the boot camps do not commit a group of youngsters on their way
walked into a robbery with an un-            other offenses. They work.                 home. Three boys-ages 13 and 14-were
 November 3, 1993                         CONGRESSIONAL RECORD-SENATE                                                          27191
  killed and three other young teenagers         cops on patrol in our neighborhoods,              We all must remember just how bad
  were wounded.                                 and, once and for all, banish the demon        it is on the streets of America:
     A recent report by the American Psy-       of fear from the homes of America.                 Every 22 minutes, someone in Amer-
  chological Association said that teen-             If there is one freedom that this Na-     ica is murdered. Every 5 minutes,
  agers are 21/2 times more likely to be        tion should enshrine as inalienable as         someone is raped. Every 28 seconds, an
  victims of violent crimes than people         any other is the freedom from fear.            aggravated      assault   is committed.
  over 20 years of age.                              Headlines tell this modern day story:     Every 22 seconds, a violent crime is
     Crimes such as murder and man-                  "One Day on a Beat: 3 Bodies, 3 Kill-     committed-reaching a total of 1.9 mil-
  slaughter, forcible rape, robbery, and        ers, But No Suspects."                         lion last year.
  aggravated assault have increased 23               "Carjackers Take Victim on Terrify-           In Washington, DC, alone there have
  percent since 1988, to an all-time high       ing Joy Ride."                                 been 1,284 slayings in the last 3 years-
  of 1.9 million incidents in 1992.                  "3 Boys Returning from Halloween          and only one-fourth resulted in convic-
     The grim, coldblooded shooting in          Party Slain."                                  tions.
  Pasadena is one more reminder of the               "Arsenals Amassed in LA County."             Ninety-four percent of all Americans
  peril which young people face merely               "Police Feel Like Targets in Hair-        polled last April said crime had gotten
  walking down a street in their neigh-         trigger LA."                                   worse in comparison to when they were
  borhoods.                                          "Hate Groups Seen Growing as Neo-        growing up.
     When will the senseless violence           Nazis Draw Young."                                 Our streets are modern-day battle-
 stop? When will families feel safe once             "Bang Bang: The Deadliest Game."         fields in the midst of a never-ending
  again?                                             "Grim News on School Violence."          war.
     I am no stranger to the fight against          Let me describe in detail a few other         This Congress has an opportunity to
  crime.                                        stories from the streets of America:           take a major step to reduce crime, to
     Thirty years ago, I served on a parole         In Petaluma, CA, on October 1, 12-        say simply and strongly: Enough is
 board and over the course of 5 years set       year-old Polly Klaas held a slumber           enough.
 sentences for some 5,000 women con-            party. While her mother and 6-year-old            I want to thank the chairman of the
 victed of felonies. I also visited vir-        sister slept in the next bedroom, a           Senate Judiciary Committee for pre-
 tually every prison in California.             knife-wielding stranger appeared in           senting us with a balanced starting
     Since then, I have continuously been       Polly's bedroom. He grabbed Polly and         point for discussion.
 involved in the fight against crime. I         told Polly's two stunned friends to               I plan to focus my remarks today on
 served successively on a county jail re-       count to 1,000, promising Polly would         three aspects of the crime bill:
 form committee, a crime commission,            return. A month later, Polly is still             More police officers;
 the fire safety and police committee of        missing-and this quiet community 45               Increased penalties for the most vio-
 the San Francisco Board of Supervisors         miles north of San Francisco has been         lent crimes; and
                                                                                                  Improved safety for our children.
 and as mayor of San Francisco. In each         changed forever.
                                                                                                  This crime bill increases the number
 of these venues, I saw firsthand the               In Florida, 10 international tourists
                                                have been killed: A Canadian tourist          of police officers, who will be able to
 devastating impact of crime that in-                                                         respond more quickly to crimes.
 creasingly has become more brutal and          gunned down as he went to buy milk; a
                                                                                                  As mayor of San Francisco, I saw the
 senseless.                                    British tourist shot dead in a parking         direct correlation between increasing
    In the 1960's, serial killers or ma-       lot; a visitor from Germany shot dead
                                                                                              police officers and reducing the time it
 chinegun shootings were rare and rated        as he and his wife read a safety bro-
                                                                                              takes to get them to the scene of the
 huge headlines. Today, they have be-          chure on the side of a Miami highway.
                                                                                              crime. The impact on crime is em-
 come so commonplace that they often           Four teenagers, one as young as 13,
 receive little coverage. Gang warfare,        have been arrested for shooting and                We added 300 cops over the course of
 drug dealing, and wholesale murder are        killing one tourist at a rest stop.            7 years. We achieved a 2-minute re-
 conducted as if they were a sport as              In Sacramento, CA, there have been
                                                                                              sponse time to priority calls. And
 casual as a pickup game of basketball.        80 homicides this year, nearly double          crime decreased 27 percent.
    Violence is perpetrated seemingly          the rate in 1992. In September alone, 15           This crime bill will:
 without thought or remorse not only           people were killed. Murders this year              First, put up to 60,000 more cops on
 for those who are intended targets but        include a 19-year-old man dragged from         the street through a 5-year community
 for those who inadvertently find them-        his car at a busy intersection and shot       policing "cop on the beat" initiative.
 selves trapped in the gunfire.                in the neck; a man killed at an apart-            Throughout the 1950's, there were 3.2
    I have heard local horror stories:         ment complex, apparently because he           police officers for every violent felony
 Children caught in a crossfire as they        parked in someone else's space; an 82-        reported. By 1990, there were 3.3 violent
were cradled in their parents' arms; a         year-old man beaten to death on his           felonies for every serving officer-just
grandmother slain in a drive-by shoot-         front lawn by an assailant asking for a       one-tenth the effective force of 35 years
ing as she watched television in her liv-      glass of water; a Little League coach         ago.
ing room; a mother of five killed in a         killed by a stray bullet fired by a gang          The ratio in major cities is even
gang shootout as she watered her lawn;         member 820 feet away; and a 16-year-          worse: Boston 6.9 violent felonies per
and untold numbers of young people             old shot to death on a high school foot-      officer; New York 6.5; Newark, 10.0;
killed in gymnasiums, playgrounds,             ball field by a young man who accused         Jacksonville 9.7; Memphis 6.6; Atlanta
and hallways throughout America.               the victim of stealing his bicycle.           10.3; Dallas 8.9; Los Angeles 10.0; and
    Fear has escalated in this Nation like     These crimes, coupled with a series of        Oakland 9.3.
I never thought possible. It is a sad          firebombings aimed at the Asian-Amer-             In inner cities throughout America,
commentary that even youngsters in             ican community, have led to an almost         the number of felonies per officer is
their teens have become fatalistic             unparalleled level of fear in this tree-      still higher. In East St. Louis, there
about violence. I have heard of 11-year-       lined capital city of California.             were 26.7 violent offenses per officer. In
olds who plan how they want to be                 In New York City, a 42-year-old            Compton, there were 27.8 violent felo-
dressed for their funerals.                   drama teacher was shot four times in           nies for each of their 126 police officers.
   All of us in the U.S. Senate are aware      the back as he rode his mountain bike            Police officers today are outgunned
of the violence in this Nation-snipers        along a secluded path. Somehow, he             and overwhelmed-and this bill will in-
turning guns on children in El Cajon          managed to pedal 400 yards before he           crease the number of officers serving
and on police officers in Los Angeles.        collapsed and died. His widow sadly re-        our communities.
   It is time for this Congress to pass a     marked: "I feel like we don't realize             Second, this bill also will attract
powerful crime bill-one that will re-         how bad it is until it's someone we            more qualified candidates to serve as
move guns from the streets, put more          love."                                         police officers.
 27192                                       CONGRESSIONAL RECORD-SENATE                                          November 3, 1993
    Modeled after the Army ROTC Pro-                 Street gangs are involved in drug                      ASSAULT WEAPONS
 gram, the first-ever police corps will be        trafficking-up to 10 additional years          First, it is time to ban the scale, pos-
 established to offer scholarships to stu-       in prison.                                    session and manufacturer of semiauto-
 dents willing to work for 4 years at a                         YOUNG OFFENDERS                matic weapons that can fire 30 to 50
 State or local police force once they               Now let me talk about the young           rounds of ammunition within seconds,
 graduate-S100 million a year in 1995            people of America and how we can try          without warning.
 and 1996 is allocated for the program.          to prevent those without hope, and              California, New Jersey, Connecticut,
 Candidates will be eligible for a $30,000       without positive role models from liv-        and Hawaii all have various forms of
 scholarship over the course of 4 years-         ing a life of crime.                          bans on semiautomatic assault weap-
 that's a considerable incentive for                 The crime bill will provide $2 billion    ons. Yet, without a Federal ban on
 more men and women to consider a ca-            to establish boot camps for youthful,         these weapons of war, anyone can sim-
 reer in law enforcement. And priority           nonviolent offenders with substance           ply cross State lines to purchase these
 assignment for officers will be given to        abuse problems and to construct re-           weapons of mass destruction. And in
 those regions most in need of addi-             gional prisons for violent drug offend-       many cases-such as the rampage in a
 tional police officers.                         ers. At most, one-third of the grants         San Francisco law firm where eight
   Next, let me talk for a moment about          would support regional prison con-            people died and six were wounded-
 the most violent crimes committed,              struction.                                    copycat versions of semiautomatic as-
 and, specifically, the death penalty.              A Los Angeles program currently op-        sault weapons can be purchased, le-
               DEATH PENALTY                     erates 19 substance abuse and treat-          gally, anywhere in America. I say it is
    I do not take any pleasure in sup-           ment boot camps where an estimated            time to ban these modern-day machine
 porting the death penalty, and, in fact,        600 youthful offenders are treated each       guns.
 in the early part of my life I was op-          year. One-half of those who attend the                       HATE CRIMES
 posed to the punishment. In the 1970's,         boot camps do not commit other of-                Second, it is time to increase pen-
 I changed my view.                              fenses. Nearly 80 percent remain ar-           alties against crimes based upon hate
    When I served on a parole board in           rest-free after their release.                 and prejudice
 the 1960's. I was opposed to the death                        SAFETY IN SCHOOLS                   Molotov cocktails have been thrown
 penalty. Back then, there was not                  So, while this crime bill provides a       in Sacramento in five hate crimes-in-
 nearly the level of violence, serial kill-      chance to turn about young offenders,         cluding one case where the home of an
 ers, or entire lack of regard for human        it also increases the safety for children      Asian-American counsel member was
 life.                                          at public schools.                             firebombed. Last New Year's Day in
    During this time. I was setting the             Today, only 30 percent of America's        Tampa, FL, two white men set an Afri-
 sentence for a woman convicted of sec-         students surveyed in another poll feel         can-American man on fire with the in-
 ond degree robbery. She carried an un-         safe going to and from school.                 tent to kill. I say it is time to increase
 loaded weapon. I asked her why and she             Metal detectors have been installed        the penalties for those who commit
replied: "I didn't want to walk in,             in school districts ranging from Los           hate crimes.
panic and kill somebody." Right then            Angeles to Indianapolis. A total of 317           I sincerely hope the Members of this
and there, that was graphic testimony           detectors are in Los Angeles schools.          body have the will to adopt and imple-
that the death penalty was in fact a de-            This crime bill provides $100 million      ment the crime bill.
terrent.                                        to: Hire police patrol officers at                It will take the collective wisdom to
   In the 1970's, when I served on the          schools; pay teachers to provide after         dispel myths that all too often cloud
San Francisco Board of Supervisors, I           school antidrug and anticrime counsel-         the ongoing debate about crime.
walked into a "Mom and Pop" grocery             ing; support security measures such as            The wisdom to         turn aside the
store where the proprietor, his wife,          metal detectors and video surveillance         utltapowerful gun lobby and the fal-
and even their dog had been shot in            devices; and increase education and            lacy of their saying, "Guns don't kill
cold blood. There was blood and brain           training programs to prevent crime            people, people do."
matter all over the floor and walls. It        and drug abuse.                                    The wisdom to not let anyone think
was a terrible scene of carnage.                   Each program will help those fight-        a gun at home increases safety when
   I thought back to the woman who             ing the daily battle against crime. Yet,       recent studies have shown that people
said she did not load the gun because          no one can say these components will           in homes with guns were 2.7 times
she feared getting the death penalty.          solve our crime problems because we            more likely to experience a homicide
And I knew the death penalty served as         all know that we are a long way from           than those in homes without guns.
a deterrent.                                   reaching that point.                               The widsom to not water down this
   As part of the crime bill, I believe the        I, for one, believe several components     crime bill to the point it has no mean-
Federal death penalty should be im-            are missing from the crime bill.               ing for the people of America.
posed for 47 additional crimes, includ-            In America: 14 American children are           Passage of a Federal crime bill is a
ing: Murder of a law enforcement offi-         killed each day by guns, 13,000 people         major start to increasing the level of
cer; drive-by shootings; kidnaping re-         in 1992 were killed by handguns; and           safety in our communities and increas-
sulting in death; hostage-taking result-       60,000 people have been murdered at            ing the confidence of our citizens. And
ing    in   death;   murder      for hire;     gunpoint in the last 5 years.                  in the days ahead, I will pursue amend-
carjacking resulting in death; torture             Firearms, in fact, kill more people        ments that I hope will assist in our
resulting    in   death; and       terrorist   between the ages of 15 and 24 than do          mutual efforts to see a strong, forceful
killings.                                      all natural causes combined.                   crime bill pass and become law.
              VIOLENT CRIMES                       In Britain, Sweden, Switzerland, Can-         As we stand here today, none of us
  And I do not think we should stop            ada, Japan, and Australia, private citi-       can lose sight of what is happening on
there. With crimes becoming more bru-          zens generally must have a license to          the streets and the brutal, horrifying
tal, I believe penalties should be in-         own a firearm and must submit to a             violence that occurs on a daily basis.
creased when:                                  background check that strictly guards          This Congress must take a strong stand
  A semiautomatic firearm issued dur-          against excessive firearms on the              to put differences aside and to act on
ing violent crimes or drug trafficking;        streets. In 1990, handguns killed 291          behalf of every American-the men and
  Serious drug offenders or violent fel-       people in all of these countries, a min-       women, the mothers and the fathers,
ons possess guns;                              uscule number when compared to the             and, most importantly, the children of
  Anyone over 18 years of age uses any-        more than 10,000 killed in the United          America.
one under 18 to deal or smuggle drugs-         States.                                           It is time to pass a Federal crime bill
in fact, in this case, the penalty is tri-        I want to offer several amendments          and establish freedom from fear for all
pled; or                                       to the crime bill.                             Americans.
 November 3, 1993                        CONGRESSIONAL             RECORD-SENATE                                             27193
   I yield the floor and I thank the           trying to get together and see what can       done, but I thank my colleague for
 Chair.                                        be done.                                      being one of those who, I think, is a
   Mr.   LIEBERMAN      addressed the            By the way, I want to personally ex-        voice of reason in this area with whom
 Chair.                                        press my gratitude to my colleagues on        I hope we can work so we can get this
   The PRESIDING OFFICER. The Sen-             the other side who are working with           done.
 ator from Connecticut.                        me and with us, both Senator BIDEN               I thank my colleague for letting me
                                               and me, and my colleagues on this side        interrupt him.
                                               who really want to see this happen.              Mr. LIEBERMAN. I thank my friend
              THE CRIME BILL
                                               Just like the distinguished Senator           from Utah both for his kind words and
     Mr. LIEBERMAN. Madam President,           from Connecticut. In fact, I hope the         words of encouragement. Certainly; it
  I rise to speak on the crime bill.           distinguished Senator would be one,           vindicates my faith that we will move
     I must say that I rise with an under-     and I think he will be if I do not miss       to the crime bill; if there is a delay in
  lying sense of confidence that we are        my bet, knowing him as well as I do-          doing so it is temporary. I appreciate
  going to take up the crime bill soon,        he will be one of the people who will         the fact he and others are working to
  because I cannot believe that any            bring about this accord.                      develop a consensus that will be agreed
  Member of the Chamber will stop the            It is not easy to do because for the        upon by both parties.
  Senate from dealing with a problem           last 8 years all we have done is battle          If there ever was an issue, I repeat,
  that so threatens the freedom and se-        over what kind of crime provisions we         that should be nonpartisan, this is it.
  curity of the American people, that so      should have. I have to tell my col-           Crime is not a Democratic problem. It
  undercuts our constitutional respon-        league there are some wide differences        is not a Republican problem. It is an
 sibility to protect and promote domes-       as to how best to approach anticrime          American problem. It is the fundamen-
  tic tranquility.                            legislation. It is very difficult to get a     tal American problem today because it
    Madam President, I want to respond,       consensus bill that really is going to        undercuts everything else we try to do
 in that spirit, to some of the state-        make a difference.                            in this society. And there ought to be
 ments made by the Senator from                  Then even if we do get a consensus         an American solution, a response to it
 Texas, [Mr. GRAMM], who talked about         bill it is going to be well over $10 bil-     that is nonpartisan. So I wish him well
 some of the varying proposals that will      lion over 5 years. So how do we pay for       in this work. I look forward to working
 be brought forward here. And I want to       it? Are we just going to go through this      with the Senator from Utah.
 extend to him this thought and this          big charade on the floor on an author-           I would say this. If for some reason
 hope and this promise, which is that if      izing bill that has no money behind it,       as time goes on reaching this consen-
 there ever was an issue that should be       that says we are going to spend all this      sus seems difficult or impossible or
 nonpartisan or bipartisan, it is this        money, and then we do not have the            taking too long, let us bring the bill
 issue of crime.                              means to pay for it? Some want an             out here and let us put forward some
    There may be differences of opinion       emergency provision to pay for it. We         amendments. Let us have debate. I
 on different aspects of this bill or         do not think that is the way to pay for       think the consensus will emerge from
 amendments submitted to it, but I            a crime bill. Others want to increase         that. I repeat, the differences of opin-
 would hate to think that those dif-          taxes. We do not think that is the way.       ion that emerge will not be based on
 ferences are going to be based on party,     We have to cut somewhere and find             partisanship. They will be based on
 and I am confident they will not.            moneys in order to pay for this bill.         genuine difference of opinion and we
    Mr. HATCH. Will the Senator yield            Unfortunately, that is one of the          will proceed from there.
 for just a comment?                          challenges that I, as the manager on             Madam President, let me say during
    Mr. LIEBERMAN. I am glad to yield.        the Republican side, have to face. I          the last several months I have spent a
    Mr. HATCH. Madam President, I say         hope my good friends on the other side        lot of time visiting with police, pros-
 to my good friend, who I think is one of     will face that with us. Because, with         ecutors, citizens groups, State and
 the forces of reason in this body-if he      all the screaming and yelling about           local leaders, prison officials, judges,
 would just yield for a second-that we        crime-we could pass the most wonder-          community organizations, and school
 are not trying to hold up this bill. We      ful bill in the world but if we do not        officials in Connecticut to talk about
 are trying to work it out and see if we      find the moneys and appropriate the           this problem of crime and violence. I
 can get a bipartisan consensus bill that     moneys to back it up we are not going         have talked with people who, like resi-
 everybody feels good about.                  to get it done.                               dents of just about every city and town
    As you know, there are people all           I want to just make it clear nobody        across this country, are simply afraid
 over Capitol Hill, some in this body,       here is trying to delay this, nor do I        to come out of their homes and go
who would like to make this a big po-        want anybody to delay this. I want to         about the business of their daily lives.
litical thing. I would like to avoid that    make that clear. But we do need some          The cruel and often random violence of
this year if we can. I would like to see      time to see if we can work out the ba-       thugs and gangs now dictate the pat-
if we can get together. And I might          sics on this thing rather than getting        terns of how too many Americans live,
add, on both sides of the floor there are    into another big brouhaha and just let        living in ways we could not have imag-
people who would just as soon have it        the chips fall where they may.                ined a short time ago in our society.
out politically. I guess whatever we do         There is a lot in both bills, both the        Violence and fear of violence are
is political, in the sense that there are    Biden-Mitchell bill and the Dole-Hatch        forcing every one of us, and members of
a lot of different ideas on how best to      bill, that we can agree on or that we         our families, to compromise our basic
do these things. But I think there is a      can assimilate and put together. We           freedoms on a daily basis. The worst
large group of people who would like,        are doing our best to try to do that,         thing is some of us are beginning to be
both Democrats and Republicans, to           and I want to compliment the distin-          numb to the change. We accept what is
get together and come up with an             guished chairman of the committee,            as what always will be. We cannot in a
anticrime package that is bipartisan in      Senator BIDEN, for being willing to sit       free society do that.
nature, that would really work, and          down and try to do that. I want to com-          Government has a first duty, before
that would carry through both bodies         pliment my colleague, Senator DOLE,           all others. That is to secure the safety
and would be supported by the Presi-         for trying to play a major role to bring      of our citizens. We, quite frankly, as a
dent and Attorney General Reno, and          this about.                                   government, Federal, State and local,
could be supported by the vast major-           That is where we are. We have to           are failing in that duty to safeguard
ity of all of us.                            take this time. I hope people come up         the safety of our citizens.
   What we are doing with this time lag      here and talk about what they feel               Listen to the statistics, the FBI's
here is not delaying this, not trying to     should be done and we will try to listen      latest statistics. One violent crime oc-
indicate anything other than we are          and glean from that what needs to be          curs every 22 seconds in America-a
 27194                                    CONGRESSIONAL RECORD-SENATE                                            November 3, 1993
   violent crime. One murder every 22            a most articulate spokesperson about         together-Republicans       and Demo-
   minutes in America; one rape every 5          the terrible costs of crime in our soci-     crats-we can and will do that on the
   minutes in America: one aggravated            ety, its effect on so many innocent          crime bill before this Senate.
   assault every 28 seconds; one motor ve-       lives, particularly our children, and          I thank the Chair, and I yield the
   hicle theft every 20 seconds; and one         how Government must play a role in           floor.
   robbery every 47 seconds.                     restoring order and fulfilling our obli-       The PRESIDING OFFICER. Who
      Those are outrageous, unacceptable         gation to protect the security of our        yields time?
   numbers. Beneath those numbers are            people.                                        Mr. GORTON addressed the Chair.
                                                    Madam President, this bill that             The PRESIDING OFFICER. The Sen-
   tragic human stories. Everyone of us
                                                 Chairman BIDEN will bring forward            ator from Washington. Does the Sen-
   can tell those stories.
                                                 does many things. One that I think is        ator seek to extend morning business?
     In Stamford. CT, last June a young
  girl, I believe she was 7, attending a         so important is that it puts more po-
  birthday party in a housing project,           lice on the streets, not just to arrest           EXTENSION OF MORNING
  was suddenly caught in a crossfire be-         criminals, but to create a presence in                      BUSINESS
  tween two young men shooting at each           the name of society that will prevent          Mr. GORTON. Madam President, I
  other. She was hit and killed.                crimes before they occur, to give law-       ask unanimous consent for an addi-
     A man attending a meeting at the of-       abiding citizens the confidence to come      tional 20 minutes of morning business,
  fice of the Archdiocese of Hartford,          out of their homes onto the streets of       on the proposition that the Senator
  stopped, in his car, getting out of his        their communities to walk with some         from North Dakota also wishes to
  car in a parking lot there-a wonderful        confidence.                                  speak in morning business.
  citizen, a public servant, much beloved,         This is a fine bill that the chairman       The PRESIDING OFFICER. Without
  in the robbery shot and dies sometime         of the Judiciary Committee is bringing       objection, it is so ordered.
  later. On and on these stories go,            forward. There are some additions that
  threatening the basic fabric of our soci-     I and others hope to make to this bill
  ety and the attitude of each one of us.       by way of amendments in the coming                              TRADE
     Our State and local police are simply      days. One of those amendments would              Mr. GORTON. Madam President, 2
 overwhelmed. They are battling heav-           provide grants to States for the pur-          weeks hence, as Seattle hosts the Asia
 ily armed, brutal gangs who barely             pose of creating more prison space for         Pacific Economic Cooperation Organi-
 blink before murdering and maiming             violent repeat offenders. Those are the        zation meetings, Congress is scheduled
 their enemies, and who seem to care           criminals most responsible for the              to vote on the North American Free-
 less if they spray bullets into a crowd       reign of terror on American streets,           Trade Agreement. The time is unfortu-
 of innocent people. The ages of these         and it is on those criminals that the          nate for many members of the adminis-
 gang members and the raw cruelty of           weight of our legislative muscle must           tration, including the President, who
 their crimes is chilling and it is un-        be applied.                                    will need to attend meetings in Seattle
 precedented.                                      Too many are released too soon from        and lobby for votes in Washington. DC,
    There is no single answer, no magic        prisons, mainly because of problems of         at the same time.
 solution to the problem of crime. We          overcrowding. Too many are never sent             The two events, however, are con-
 need prevention. We need to deal with         to prison, although convicted, because         nected by more than just a coincidence
 broken families and lost values. We           there is not room in the jails and their       of dates. One might say that APEC is
 need to provide better early childhood        crime sprees continue. Over and over           where our country would like most to
 education.                                    again I have spoken to police on the           be but that NAFTA is a crucial step in
    Somebody said, and I think it is so        streets of Connecticut who have said to        getting there. No one questions that
 correct, in another context and it fits       me they cannot remember arresting an           Asia is the arena in which our country
 here: One of the best anticrime pro-          individual-man or woman-for a seri-            will find a majority of its best trading
 grams would be hope. People who have          ous crime in their community who had           opportunities during the next 20 or 30
 hope for a decent future, for a decent        not been previously through the court          years. It is there that we would like
 life ahead, would never commit the            system over and over again.                    most to surmount and remove inter-
 outrageous acts of violence and crimi-           It is time to close, to stand in the re-    national trade barriers.
 nality that are being committed by too        volving door, and make sure that those            First, though, we will have to em-
 many people in our society today.             who are arrested for crime are taken           brace a controversial trade agreement
    It is time to recognize that the Fed-      out of society and put away in prisons.        that would create a significant, but rel-
 eral Government must play a more ac-          To do that reasonably, the Federal             atively modest, number of jobs. That
 tive role in crime fighting. Though           Government has to give more resources          agreement, because the debate over its
 State and local governments have for          to the States to build those prisons.          impact has gripped our Nation, has be-
 historical reasons been principally re-       That is what I hope to do by way of            come this decade's referendum on free
sponsible for crime control, the Fed-          amendment that I will offer with my            trade. We will need to pass it before we
eral Government has, over the decades,         colleagues.                                    can succeed as well as we would like to
been       involved     itself.  Although         I agree it is time to pay the bill, pro-    succeed in Asia.
shockingly, today, we actually are less        vide the money. And. I hope, together             The link between the two will be il-
involved in the fight against crime at        with my Republican colleagues, we can           lustrated early during the APEC min-
the Federal level than we were some           find ways to do that, hopefully by vir-         isterial meetings in Seattle. The House
years ago.                                     tue of spending cuts, including, for in-       vote on NAFTA is scheduled for
    Today, the situation is out of con-       stance, cuts in programs like the super         Wednesday, the 17th of November, the
trol. More and more crime involves             collider that have been accomplished.          first day of the conference. If the House
drugs and weapons that are transported            Finally, Madam President, I will say       approves, the Senate is likely to take
over State lines, and gangs are increas-      this. With the cold war over, the fact         it up the next day and will almost cer-
ingly national in scope.                      is-and it is a terrible fact-that there        tainly pass it as well. In that case, the
    So I commend my colleague, Senator        is no foreign enemy that poses as much         President will benefit immediately. He
BIDEN, chairman of the Judiciary Com-         of a risk to-the freedom and security of       will be able to speak on behalf of our
mittee, and the ranking Republican,           the American people as violent crimi-          Government at APEC from strength.
Senator HATCH, for crafting a program,        nals on the streets of our towns and           His country will have renewed its com-
a bill that will involve the Federal          cities. We must meet that enemy with           mitment to free trade, and he will be
Government in the fight against vio-          overwhelming force and restore civility        on the verge of signing into law an
lent crime in a way that will be respon-      and justice in the streets in neighbor-        agreement about which several Asian
sible and effective. Chairman BIDEN is        hoods where America lives. I believe           nations have severe reservations.
 November 3, 1993                         CONGRESSIONAL RECORD-SENATE                                                        27195
     APEC can and should be a spring-             A rejected NAFTA will also stop or         HATCH and others, who I know have
  board toward progressive, new trade          slow Mexico's market reforms and per-         worked hard on the crime legislation,
  agreements with Asia, perhaps acceler-       haps its political democratization. It        to bring a crime bill to the floor of the
  ated by apprehensions about NAFTA.           will tell other Latin American coun-          Senate.
  Asian nations are concerned that             tries that market-oriented policies will         I have served now in the Congress for
  NAFTA will make American firms               not bring them free trade with the            nearly 13 years, and we have had many
  more competitive, that it will ease          United States, one of their major rea-        crime bills, some of which were crime
  American dependency on Asian im-             sons for pursuing reforms in the first        bills in name only, some of which had
  ports, and that the United States will       place. It will offer the protectionist        some substance, but I think most peo-
  use NAFTA as a source for some goods         sectors in Asia a reprieve, while embar-      ple on both sides of the political aisle
  now imported from Asia.                      rassing the President at APEC.                and perhaps in both Chambers, the
     These concerns about U.S. competi-           All of these features are extremely        House and the Senate, now understand
  tiveness and dependency on Asian im-         important to Washington State. More           this is no longer an exercise to simply
  ports are legitimate. Concerns about         than any other State, we rely on free         talk about addressing crime. This must
  discriminatory tariffs, on the other         trade and a Government that will re-          be a response to what is becoming a
  hand, are not. Our tariffs against Asian     sist cries for protectionism. Unfortu-        crisis in this country, an epidemic of
  nations will remain unchanged and                                                          violent crime.
                                               nately, our reliance on free trade has
  firms from those countries that want                                                          We had a lot of controversy for a cou-
                                               not necessarily translated into support
  to locate in Mexico will enjoy the same                                                   ple of decades about the war in Viet-
                                               for NAFTA. Perhaps there is a percep-
  access to our market as Mexicans will.                                                    nam. In over a decade in that war, over
                                               tion that this is not our agreement,
  But the validity of Asian perceptions is                                                  50,000 Americans were killed. We now
                                               that it is an agreement for States to
  not the issue. One of our ultimate goals                                                  see 23,000 Americans murdered every
                                               the south of us. NAFTA. however, is an
  through APEC, not this year but even-                                                     year in this country.
                                               agreement that will benefit Washing-
  tually, is to lower both Asian tariffs                                                        I come from a rural State and a very
                                               ton State in its own right. Our State's
  and nontariff barriers. During this                                                       small part of a rural State. I grew up in
                                               trade with Mexico has grown 577 per-
  month's meetings, the administration                                                      a town of around 300 people where peo-
                                               cent since 1987, the fourth largest
  will push for a framework to facilitate                                                   ple did not lock their doors, ever. Many
  the attainment of these goals. The           growth among all States. This is glori-      homes had doors without locks. People
  Eminent Persons Group, a collection of       ous testimony to the fact that when a
                                                                                            would go on vacation for 2 weeks and
  economists picked by APEC countries          restrictive market practice loses its
                                                                                            not lock their doors. It is still that way
  to draft goals for that organization,        protection, Washington State is among
                                                                                            in my hometown.
  will also make a splash by proposing an      the first to capitalize. Our small busi-         Fifty miles from my hometown,
 Asia Pacific free trade agreement.            nesses together with Boeing, Microsoft,      which is where we traditionally trav-
    If we are to be successful, however, in    PACCAR, our pear growers, apple              eled for services, dental service, and so
 simply lowering Asian Pacific trade          growers, and others, all will gain when       on, is a town of about 10,000 to 11,000
 barriers, the Asians will need to con-        Mexican barriers are eliminated.             people. My aunt and uncle live there,
 cede more than the United States will.          Furthermore, because we have sharp-       and just last summer, when I was in
 Nearly all of these Asian nations have       ened our teeth on years of foreign com-       town-I had called them saying I was
 trade surpluses with us, except for          petition, almost no one in Washington        coming-they said, "We will not be
 Hong Kong and Singapore. They also           State will lose under NAFTA.                 there, but feel free to stop by and go in
 have higher trade barriers. We occa-            But NAFTA is still more important         the house." I said, "How do I get in?"
 sionally attempt to lower those sur-         for what it means to our trade with          They said, "The door isn't locked."
 pluses by imposing retaliatory tariffs,      these other nations. It is a crucial step    They always keep a door open. They
 but that confrontational game has not        to a more prosperous future, a future        were out of town on vacation as well.
 yet been used to reform our entire           dependent on more and freer trade with       Some of that still exists in some of our
 trade relationship with our most im-         East Asia. We in Washington State will       States and some of our communities-
 portant trading partners.                    have a good seat later this month to         not much.
    This opportunity provides a better        see how this process works.                      I grew up, as I said, in a town of 300
 way to force the Asians to negotiate            Let us hope that view does not in-        people. When I came to Congress, I
 down barriers by freeing our trade else-     clude a rejected NAFTA.                      lived about two blocks from this build-
 where. So far, NAFTA seems to have              The PRESIDING OFFICER. The Sen-           ing. Two blocks from this building, if
 provided a healthy incentive for such        ator from North Dakota.                      you walk around, up and down the
 concessions. It is certainly one reason                                                   streets, you will find that virtually
 that the Asian nations are so inter-                                                      every place has bars on its windows.
                                                      ORDER OF PROCEDURE
 ested in seeing the United States reaf-                                                   Every apartment, every house, at least
 firm its commitment to the Pacific             Mr. DORGAN. Madam President, how           on the first floor, they have bars on
 rim.                                         much time is remaining under the             virtually every window. I lived there
    Frankly, however, the United States       unanimous-consent agreement?                 for a few years and then began to won-
 has more to lose than to gain as a re-         The PRESIDING OFFICER. There               der who was the prisoner. I eventually
 sult of the NAFTA vote. Our creden-          are 13 minutes remaining in morning         moved away from Capitol Hill and now
 tials as free traders are at stake. If we    business.                                    drive to work about 10, 12 miles into
lose this debate, perhaps our most con-         Mr. DORGAN. Madam President, I             the Capital, but it has not changed for
 troversial on trade since the Smoot-         ask unanimous consent to consume the        those who remain here-bars still exist
Hawley tariff, we will tell the world         13 minutes remaining in morning busi-       on all the windows. The fact is there is
 that we have turned protectionist. The       ness.                                       a great deal of crime, not just here but
GATT Uruguay round, the most impor-             The PRESIDING OFFICER. Without            in all the cities in this country.
tant multilateral trade agreement in          objection, it is so ordered.                    But it is especially sad that in our
the world, will be an early casualty.                                                     Capital City, in this country's Capital,
There is almost no way that the Presi-                                                    we do not have what are truly called
dent can convince his European coun-                DEALING WITH VIOLENT                  safe streets.
terparts that we will accept free trade                    CRIMINALS                          I have been working on some amend-
with them after rejecting it with Mex-          Mr. DORGAN. I rise to discuss briefly     ments to the crime bill for some while
ico. The French clearly will use it as        the topic that was raised today by the      and am anxious to offer them when we
an excuse to reject agricultural trade        chairman of the Senate Judiciary Com-       get the bill to the Chamber, and I
concessions vital to an          improved     mittee, Senator BIDEN. I wish to com-       would like to describe a couple of those
GATT.                                         pliment Senator BIDEN and Senator           amendments.
 27196                                  CONGRESSIONAL             RECORD-SENATE                                 November 3, 1993
    But I would like also to describe why         Why does that happen? Why are we           military installations we are closing,
  I am concerned about this. As I said, I      unable to keep people who commit vio-         or similar facilities. And if we take
  come from a State where we have a            lent crimes in jail? Because the system       100,000 nonviolent people out of our
  crime rate that is relatively low com-       is faulty, and that is what we need to        prisons and put them in those facilities
  pared to the crime rate you see around       fix with this crime bill.                     that cost one-fifth of what a prison cell
  the rest of the country. But we are not         Now, I will be the first to admit that     costs us, that will open up 100,000 pris-
  immune from violent crime.                   our job is to search for reasons this ex-     on cells in which we can put violent
    A couple of weeks ago, I told my col-      ists. What are the core reasons out           criminals and keep violent criminals.
 leagues about having picked up the            there? What is happening in this coun-           First, find the space to put violent
 Washington Post and reading a story           try that has changed America? What            criminals. I propose a relatively low-
 about a Saturday shooting here in            has happened that has made this a vio-         cost way to do that by taking the non-
 Washington, DC. I remember how it             lent place? What has happened that            violent criminals out of their cells and
 tugged at my heart and probably all of        this is the murder capital of the world?      putting them in alternative incarcer-
 the rest of you who saw it. It was a            We need to find those reasons and re-       ation facilities. Yes, incarcerate them;
 young 4-year-old girl who was on a           spond to them and deal with them. I            absolutely. Keep them incarcerated for
 playground on a sunny Saturday after-        imagine that those reasons can fill not        their full sentence. But it does not
 noon with her mother. Her name was           one book but many books dealing with           have to be in a full maximum-security
 Launice Smith. Launice Smith in that         broken dreams and tragedy and child            prison cell. Let us vacate those cells
 tranquil, peaceful setting on a beau-        abuse and poverty and, yes, television         and put violent criminals in them, and
 tiful Saturday was shot in the head and      violence, and certainly drugs.                 keep them in them.
 subsequently died.                              I am willing and interested and anx-           No. 2, a little bit of truth in sentenc-
    The next day, on a Sunday, the same       ious to deal with all those root causes,       ing. In my judgment, we do not need to
 weekend, a lovely, wonderful young           but I guarantee you this, more impor-          give good-time benefits to violent
 woman from North Dakota, 59-year-old         tant than that for this moment, for            criminals. Those who commit violent
 Donna Martz, who used to bring tour          people like innocent 4-year-olds on our       acts in our country do not deserve good
 groups to the Capitol-she worked part        playgrounds      and grandmothers       in     time. They deserve to go to jail and to
 time as a tour guide, and she had just       towns in rural States, we need to pro-        serve their entire sentences. Did you
 finished a tour and was staying over-        tect innocent people from those who            know that in the Federal system, there
 night in Bismarck, ND, and then was          commit violent acts of crime.                 is the presumption of automatic good-
 going to go home to Rocklake, which is          How do we do that? First of all, if we     time benefits? In other words, we pro-
 a 3-hour drive from Bismarck. That           know who is committing most of the            vide good time, and the presumption is
 Sunday morning in the parking lot at         violent crimes, we need to find the           they automatically get it. That makes
 the motel in Bismarck, ND, in a rather       method by which we can put them in            no sense at all.
peaceful setting, Donna Martz was ab-         jail and keep them in jail once they are         We, in my judgment, should not have
 ducted-apparently abducted, put in           convicted. In almost any city in this         good-time benefits for those who com-
 the trunk of a car, and subsequently,        country, in almost any jurisdiction,          mit violent acts. I am not going to be
several days later, murdered in the           you find that rather than putting peo-        able to solve that entire problem in
desert in Arizona.                           ple in jail, they are letting people out.      this bill because, of course, much of the
   The fact is no one in this country is         We have prison release programs.           criminal justice system, the bulk of it,
really immune from the violent acts of       Why? Because we cannot afford to keep          is controlled by the States. But I am
crime that are occurring.                    people in jail. We do not have enough          going to be able to deal with, at least
   Another inescapable fact is that we       prison cells; it is too expensive. Be-         in part, the good-time benefits that are
know who commits these violent               cause there are not enough cells, peo-         now automatically given by the Fed-
crimes. We know the criminals. Did we        ple who commit violent crimes are              eral system. I intend to offer an
know the person who allegedly shot           back on the street, able to commit             amendment on that.
Launice Smith, this innocent 4-year-         more violent crimes. The first thing we           Third, I want victims of violent
old child? Of course we did. That per-       need to do is decide that it is too ex-        crimes all across this country, espe-
son had been in the criminal justice         pensive for the people of this country         cially in the Federal system, to be able
system before. We knew who that per-         to have violent criminals on the street.       to testify at sentencing hearings and
son was. Did we know the people who          It ends in tragedy for innocent victims.       parole hearings.
allegedly abducted Donna Marts in Bis-       The first thing we need to do is find a           I saw on television the other evening
marck, ND? Sure, we did. They had            place to put those who commit violent          a story about a fellow that committed
been in the criminal justice system be-      crimes.                                        an incredibly violent crime in this re-
fore.                                            How do we do that? There is an easy        gion of the couritry. That person was in
   Look at all the other crimes you          way to do it. We have about 1 million          court, and they were showing that per-
have read about this summer. Read one        people, give or take a few, in prison in       son on television and talking about the
and answer this question. Did the al-        this country-if you consider people in         sentence.      Why,    you would       have
leged perpetrator, if they discovered        jail for less than 1 year, you get more        thought that person was part of the
the person who allegedly committed           than a million-but about a million in          church choir, dressed up with the most
this crime, have a record? Was that          the Federal and State system, most in          wonderful looking clothes; neat, nice.
person in jail before? I guarantee you       the State system. About 50 percent of         He looked like a terrific young person.
the answer will be yes.                      those million are nonviolent. They are        I am sure at the sentencing hearing,
   These are not strangers committing       in jail or in prison for drugs or various       they had the priest or the minister
these crimes. These are people we have       offenses, but nonviolent.                      there; they had the neighbor, the bar-
known. They have been in jail and out           We do not need a big, strong prison        ber, the mother, all with tears in their
of jail, right through the greased, re-     wall with a big, thick door to keep non-       eyes, talking about what a wonderful
volving doors of our criminal justice       violent people incarcerated. We can            young person this was, a person with a
system. I guarantee you.                    surely create prison work camps or             record as long as my arm.
   Six percent of the criminals in this     prison areas in converted or abandoned            I want the victim, or the victim's
country are committing two-thirds of        Air Force bases or Army bases, or we           family, to be present at the same hear-
all the violent crimes and every one of     can keep several thousand of them at           ing, to talk not about what a wonderful
them have a rap sheet as long as my         much less cost. They are nonviolent,           young man the person is who commit-
arm. Our criminal justice system fails      lower risk. We can put thousands of            ted the crime, but about what this
innocent people because it allows peo-      them in prison work camps or similar           crime meant to the victim, and what
ple to go in and then back out.             institutions created from the over 100         this crime did to their lives.
 November 3, 1993                        CONGRESSIONAL RECORD-SENATE                                                     27197
     Every criminal jurisdiction in this        Let me again compliment Senator           do not need a think tank to tell you
  country ought to have a requirement BIDEN and Senator HATCH and the oth-                that this society is failing at its most
  that victims or victims' families have ers on the committee who have worked             basic levels, and we are not doing
  the right to testify at sentencing hear- hard on this legislation. This is no easy      enough to stop it.
  ings and at parole hearings.               task. The American people expect a lot          For those of my colleagues who think
     We do not know necessarily what will of us. I should say to them that we are         crime is limited to the blighted inner
  work in the criminal justice system. dealing with the Federal system. The               cities of this Nation, or those who
  We do not know necessarily what will bulk of the prisoners, the bulk of the             think that they can immunize them-
  work, but I guarantee you this: We crime, the bulk of the jurisdiction is               selves out in the suburbs against this
  darned sure know, all of us darned sure not ours: it is State and local. But we         violence. I say: Think again.
  know what does not work. What does must take the lead. The American peo-                   I want to share a story with my col-
  not work for anybody is to let violent ple look to us to lead in a constructive         leagues, something I have not dis-
  criminals out of their cells and back to way to respond to this epidemic of vio-        cussed publicly before, something I am
  our streets.                               lent crime in our country.                   reluctant to discuss, because it in-
    I am told by prison authorities, you        Madam President. I yield the floor.       volves my own family. But I believe it
  know, we need to be able to dangle in         The PRESIDING        OFFICER. Who         is important that I mention it as we
  front of a prisoner the potential of a yields time? The Senator from Ten-               debate this bill.
  shorter sentence in order to better be nessee.                                             In late September, my two children
  able to manage them in prison. I say,        Mr. SASSER. Madam President, I            witnessed the murder of a young
  that is just terrific. That gives you the ask unanimous consent to continue for        woman at an automatic teller machine.
  opportunity to take a violent criminal 30 additional minutes as if in morning          They were the first on the scene to try
  and better manage them in prison, so business.                                         to give her aid and comfort. It did not
  they get out earlier. So who manages         The PRESIDING OFFICER. Without            happen in a blighted inner city: it hap-
  them on the street when they are about objection, it is so ordered.                    pened right across from the campus of
  to commit the next murder or the next        Mr. SASSER. Madam President, a            Vanderbilt University, one of the great
  violent crime?                             few weeks ago and just a short drive        learning institutions of this country.
    The fact is, we know what does not from here, a 4-year-old girl, as my               in Nashville, TN. They came home and
  work. What does not work is what we friend from North Dakota has pre-                  told their mother and myself the story,
  are now doing. We have a spinning, re- viously stated, was murdered in cold            and I think every parent would know
  volving door in our criminal justice blood at a playground while she                   the fear and anger that I felt at that
 system. We know who the killers are. watched a football game with her                   moment. I also realized that as much
 We know who commits violent crimes, mother.                                             as we try, parents can no longer shield
 and we do not deal with them appro-           If I did not know the dateline of the     their children from violent, brutal,
 priately.                                                                               wanton, and random crime. The reason
    I am hesitant to talk about specific story-Washington, DC-I might have               is obvious. The Boston Police Commis-
                                                       it was Sarajevo, where death
 crimes, but let me just for a moment. thought                                           sioner, Bill Bratton, said. "We are los-
 All summer, we read about one particu- stalks the streets every moment, where           ing the streets." Do you know what?
 larly notable crime, the tragic death of    the innocent fall prey to mindless acts
                                                                                         Police Commissioner Bratton is right.
 Michael Jordan's father, a basketball of violence and savagery. But, no; this           We have permitted violent crime and
 star's father, who was killed as he was little girl lived right here in tae Cap-        lawlessness to rise to a State of a na-
 sleeping at the roadside. Those who al- ital of the United States; an innocent          tional emergency-so much so that the
 legedly perpetrated that crime, are child who became the latest victim of               Mayor of this Capital City asked the
 they strangers? No, of course not. Both the brutal streets in this city, a little       President to call out the National
 are known to the criminal justice sys- child who became another statistic of            Guard to keep order and protect the
 tem; both of them. Again, I defy you to the wanton, sickening violence which            citizens of the Nation's Capital. That is
 find a crime of high visibility any- has stuck its roots deep into our soci-            what we have come to.
 where in this country, and look at the ety and which threatens to rip us                   Madam President, we have to bring
 perpetrator and ask yourself, was this apart.                                           this nightmare to an end. But hand
 a surprise? No. You could have pre-           Over the last 30 years, violent crime     wringing and righteous indignation and
 dicted it. We failed the victim because has increased 10 times, a tenfold in-           ringing speeches      are simply      not
 our system did not take that violent       crease in violent crime over that last       enough. We have to bring order out of
 criminal, put that criminal in jail, and 30 years.                                      this violent anarchy. We need a blue-
 keep that criminal in jail.                   For many of the citizens of this coun-    print to put more police on the streets,
    To all of those out there who listened try, violent crime has turned their           to take back our neighborhoods from
 to me and said: I understand that is       streets into war zones, full of armed       the hoodlums, from the thugs, from the
 get-tough talk, but what about the rea- gangs of thugs who have no conscience,         murderers, to put the violent among us
 sons these crimes exist? What is caus- who have no compassion, who care                behind bars, and to try to deter our
 ing it all? I understand all of that. I nothing for their neighbors.                   young people from taking the first
 want to deal with that. All of us want        Chaos has replaced order in our cities   wrong step to a life of crime.
 to deal with that. We want a different and in the schools of this country. And             We passed in the past two Congresses
 country, a better country, one that has    a tide of violence and murder is over-      strong crime control bills, but these ef-
 better values, restoration of values, whelming           the understaffed     police   forts unhappily withered in the face of
 less crime, less violence. We are not forces of this Nation. Like casualties of        filibusters and in the face of threatened
going to get there tomorrow, and while      war, the lists of the dead grow longer      vetoes. But it is a new year, and there
we are waiting and while we are with each passing day. This country                     is a new administration, and there is a
 searching, we need to protect innocent would not tolerate a foreign war where          renewed call from the American people
Americans against the increasingly 10,000 to 20.000 of our soldiers were                for action on crime.
tragic and violent acts of a criminal killed every year, but that is the toll              Indeed a recent Wall Street Journal
class that is getting out of our jail on the streets of this country, as we             poll revealed that crime has overtaken
cells and back to our streets.             lose the war on crime.                       health care as the public's No. 1 con-
   That is our job. When we debate this       Lawlessness thwarts our ability to        cern. Get this: A USA Today poll found
crime bill, I hope that in the process of govern. Crime saps our vitality. Terror       that 80 percent of our fellow citizens
amending it and considering the provi- and violence imperil the education of            are willing to pay higher taxes if it will
sions the committee has brought us, we our children. Tourists from abroad are           put more police on the streets of this
will do something for this country that frightened for their lives in coming            country. I am not surprised. The Amer-
is real.                                   into the United States of America. You       ican people are sick to death of violent
 27198                                    CONGRESSIONAL RECORD-SENATE                                           November 3, 1993
   crime. They are fed up with drugs. and       who lives in the neighborhood, know-              When some of the graduates of the
  they are fed up with violence. They           ing who the weak are, knowing who             Police Corps complete their 4-year
  have had it up to here with murders,          needs help, and knowing who the bru-          service, they will move on to other ca-
  robberies, rapes, and carjackings. They       tal might be lurking to wreak violence        reers, naturally. But they will know
  are tired of being prisoners in their         on others living in the neighborhood.         what it is like to serve as a police offi-
  own homes. They are tired of being               This legislation before us will pro-       cer. They will share that knowledge
  afraid to walk their own streets. Like        vide important new resources to our           with their family, with their friends.
  the character from the movie "Net-            law enforcement agencies in their bat-        and with their community, and I firm-
  work", they are "mad as heck, and             tle against crime. It authorizes over 5       ly believe this would increase respect
  they are not going to take it any-           years $3.4 billion to put 50,000 more po-      and support for the brave men and
  more." They want their Government to         lice officers on the beat. Some will say       women who put their lives on the line
  do something about it.                       S3.4 billion is a lot of money, and it is.     for us every day. Many of these young
     Madam President, fortunately, we          But really it is the cost of one nuclear       Police Corps graduates will remain in
  now have a plan before us that re-           aircraft carrier and the aircraft to go        police work as a career, and they will
  sponds to the challenge laid down by         aboard it.                                     bring into the police forces of this
  the American people. I commend and              What do we need most? More police           country college-educated young people
  congratulate the distinguished Senator       officers on the street, or another nu-         who will bring energy, and perhaps
  from Delaware, the chairman of the Ju-       clear aircraft carrier when we are the         fresh approaches to some of the police
  diciary Committee, Senator BIDEN, for        only nation in the world that presently        work that is going on now.
  bringing this legislation to the floor.      has nuclear aircraft carriers?                    It is a means I think of upgrading the
     This crime bill, this anticrime legis-       Other programs, especially the Police       quality of our police forces over a pe-
  lation, will provide the resources and       Corps proposal, which I have intro-            riod of years while at the same time in-
  the framework to begin the battle            duced with Senator SPECTER and 20              creasing the manpower that is avail-
  against the criminal epidemic that           other cosponsors, will put tens of thou-       able for the police forces of this coun-
  threatens to overwhelm all of us and         sands of additional police officers            try.
  threatens the very fabric of our society     where they are needed most, right in              Now, the Police Corps enjoys broad
                                               the middle of the fight against crime,         bipartisan support and has been her-
  and our culture. It is based on two very
  elementary, key principles, the two          like smoke jumpers parachuting into a          alded by some of the leading news-
  "P's:" police and punishment. The bill       fire, as we have seen out in California        papers in the country. The Los Angeles
                                               this past week.                                Times says of the Police Corps, and I
  will provide more police to deter crime,
                                                  Taken together, these programs will
  and it ensures that punishment for                                                          quote: "It could make a big difference
                                               fulfill the commitment of the Presi-
 criminal acts will be swift, certain, and     dent to put 100.000 new police officers       in Los Angeles and many other cities."
 effective.                                    on the streets of this country.                Syndicated columnist Robert Novak
     We all know that most crime is local.        I am encouraged that the legislation        trumpeted the Police Corps as the
 It is the local police officer who is on      before us contains the Police Corps ini-       "good news from the President's crime
 the front line of the fight against           tiative. It shows that we are serious         bill." Newsweek, the magazine, pro-
 crime. But the front line-what has            about crime, that we are ready to             claimed that the Police Corps idea
 come to be called the "thin blue line"        match our rhetoric with our action. I         "contained a multitude of social and
 that protects us-is often frayed be-         remind my colleagues that this innova-         spiritual virtues."
 cause of cuts into city and State budg-       tive proposal has been approved by the           Now, increased manpower is only the
 ets. In the 1950's, there were 3.2 police     Senate as part of previous crime bills.       first part of the equation. Deterrence
 officers for every        violent felony.    But let me just once again outline for         of crime and the arrest of violent
 Today, it is just reversed. There are 3.2    my colleagues how the Police Corps             criminals begins the process of bring-
 felonies for every police officer. In        bill would work.                               ing order out of anarchy. This bill
 other words, we devote to each violent          It would establish a program similar        takes us the next logical step. It en-
 crime in the 1990's one-tenth of the po-     to the Reserve Officers' Training Corps,       sures swift, certain, and effective pun-
 lice power that we did 40 years ago.          the ROTC, and in return for scholar-          ishment for criminals.
    Given what is happening in our soci-      ship assistance, a student would agree            The legislation provides grants to the
 ety, that simply is unconscionable. It       to serve 4 years in a State or local po-       States and localities to construct pris-
 is our job now to repair that thin blue      lice force upon graduation from col-           ons for violent offenders. States can
line with additional manpower.                lege. The Police Corps Program offers a       also apply for grants to run military-
    I am talking about police who are         way to enlist the best and brightest of        style boot camps which I think will be
well trained in municipal police work         our young people into the fight against       highly effective with first-time youth-
and who have a deep knowledge and un-         crime. They will come from every race         ful offenders. These camps afford a
derstanding of the communities that           and every corner of this society to join      regimented program of work and dis-
 they are assigned to protect.                this noble and vital effort to restore        cipline for young, nonviolent offenders
    On August 29, the Los Angeles Times       peace to our streets.                         where they can learn the discipline
stated in an editorial that the Los An-          The recruits in the Police Corps will      necessary to make their way produc-
geles Police Department could easily          not only gain the benefits of a college       tively in our society and learn a re-
use an additional 3,000 officers just to      degree but will receive two summers of        spect for law and for their fellow citi-
keep pace with criminals. Let me re-          extensive Federal law enforcement             zens.
peat that. The Los Angeles Police De-         training. For an immediate impact,                But make no mistake about it. For
partment needs 3,000 more officers just       seniors and juniors in college would be       those youth who engage in violent
to keep pace with the increase in             recruited into the program, trained,          crime, particularly in gang activity,
crime. Unless they get 3,000 more po-         and be on the streets within a year of        the bill creates new stiff Federal pen-
lice officers, they will lose ground with     the bill's passage.                           alties. Under this bill the punishment
less.                                            There is another major benefit from        will fit the crime and will make no ef-
    Another 5.000 officers would allow the    the Police Corps that should be recog-        fort to spare the rod and spoil the
Los Angeles Police Department to              nized. Far too few of our citizens un-        child.
adopt a powerful community policing           derstand the pressures and dangers                (Mr.     WELLSTONE      assumed    the
program that would pack a serious wal-        that our police officers face. Too few of     chair.)
lop against crime. And that is what we        us know what it is to walk into a bat-           Mr. SASSER. Mr. President, as I
need, a community policing program            tleground every day where violence has        mentioned in my opening statement,
with the police walking the streets,          become a way of life and a way of death       crime has spread its insidious tentacles
knowing the neighborhood, knowing             for many police officers.                     into every part of this country. It was
November 3, 1993                         CONGRESSIONAL RECORD-SENATE                                                       27199
  once thought that you could escape            And we are all victims when we for-          I just listened to Senator SASSER,
  crime, that you could simply shield feit our safety and live in fear.                    who spoke eloquently about the Police
  your family from the ravages of drugs         So let us debate this bill, but at the     Corps component of the legislation.
  by fleeing the cities for the peace of end of the day we simply must form a              There are others who have talked
  countryside. But now you can run but consensus and take action. Again, I                 about the other sections of the legisla-
  you cannot hide from violent crime. commend the distinguished chairman                   tion, specifically going to the way we
  Rural crime is on the rise. It is rising of the Judiciary Committee, Senator             treat juveniles and the like. And, Mr.
  at a faster rate than in any other part BIDEN, for bringing this bill to the floor       President, I will have more to say on
  of this country. Violent assaults rose and the able Attorney General, Ms.                the specific issue of juvenile crime and
 30 percent faster in rural America than Reno, for helping craft it. It is a bill          my own amendments to that point at a
 in our 25 largest American cities. Let deserving of all my colleagues' support.           later time.
 me repeat that statistic. Violent as- We have to be one nation in spirit be-                But, I daresay, I think that the real
 saults rose 30 percent faster in rural cause we are surely one nation in fate.            reason for optimism here, the real rea-
 America than in our 25 largest cities.      An anxious but hopeful American peo-          son for a hope is that for probably one
    The number of rapes jumped by more ple expect that we will act and bring               of the first times I see a glimmer of
  than 9 percent in rural counties while them some measure of safety and secu-             hope that indeed we are not just talk-
 decreasing 4 percent in urban America. rity on their streets, in their schools,           ing words about being tough on crime,
 And the number of arrests for drug of- in their work places, and in their                 but rather we are talking about getting
 fenses in rural areas skyrocketed by a homes.                                             smart about crime, as well. And that,
 staggering 23 percent in 1992.                Mr. President, I yield the floor and       Mr. President, is a long overdue devel-
    So crime is not confined to the inner- suggest the absence of a quorum.                opment in the consideration of this
 city. Now to meet this new threat to          The PRESIDING         OFFICER.     The     very emotional and volatile issue that
 our rural communities this bill also clerk will call.                                    I think is very welcomed at this point
 contains an important rural drug ini-         The assistant legislative clerk pro-       in our history, and necessary.
 tiative. It provides $50 million a year ceeded to call the roll.                            We cannot continue to go down the
 to States like my own State of Ten-           Ms. MOSELEY-BRAUN. Mr. Presi-              path that we have been going-just
 nessee to fight drugs. It also includes dent, I ask unanimous consent that the           building more prisons, just putting
 another $1 million each year to train order for the quorum call be rescinded.            mandatory minimum sentences on the
 law enforcement officers from rural ju-       The PRESIDING OFFICER. Without             books. Just railing that we are going
 risdictions. This section further cre- objection, it is so ordered.                      to be tough on those criminals has
 ates a rural drug task force to coordi-       The Senator from Illinois is recog-        done little, if anything, to solve the
 nate antidrug efforts in rural America. nized.                                           problem.
   Those of us who represent large rural                                                     In fact, I think one of the things that
 areas, as I do, have been saying for                                                     is so frustrating to so many of us is
 some time that scant attention has                     THE CRIME BILL                    that the statistics, the numbers, the
                                               Ms. MOSELEY-BRAUN. Thank you               incidents of violent crime, particu-
 been paid to the problems of rural drug
 enforcement. As drug enforcement has very much, Mr. President.                           larly, has risen, indeed even sky-
                                               I am only going to take a moment.          rocketed, just at the time when every-
 increased along the gulf coast in recent
                                               I have had the occasion now to pre-        body has been saying we are going to
 years, drug smugglers have moved in-
 land.                                      side for the last 2 hours and listen to       be tougher on crime, going to build
                                            the debate, or the beginnings of the de-      more prisons. Indeed, prison construc-
   For instance, my own State of Ten-
                                                                                          tion has quadrupled in the last decade.
 nessee is easily within range of the air- bate, on the crime bill which is soon to
                                                                                          We have put more money into building
 craft commonly used by drug smug- be brought to this floor for consider-
                                                                                          more jails and putting more people in
 glers flying from South America. My ation.
                                              In that regard, Mr. President, I think      them; and, at the same time, to see al-
 State contains many small, rural air-                                                    most a direct correlation in the decline
 ports and airstrips that are particu- that sitting there in the chair, I had an
                                                                                          of our respective safety than anyone
 larly vulnerable to use by drug smug-      opportunity to watch the faces of the
                                                                                          would sense, could look at, and say,
 glers. Law enforcement officials in people who are visiting the Senate
                                                                                          well, something is wrong with this.
Tennessee have identified several such today, visiting in the gallery. The con-              What is wrong with this picture? I
airports which need additional surveil- cern was evident, frankly, on the faces           submit, Mr. President, what is wrong
 lance.                                     of the people who came to share with          with the picture is that we have been
   State and local law enforcement          us in this deliberation about this issue.     focusing on, if you will, closing the
agencies simply do not have the man- It is indeed the number one issue of                 barn door after the horse is out.
power to monitor these airports and concern for, I think, every American.                    We have been focusing in on building
airstrips on anything approaching a           Listening to the speeches about the         prisons to put those people after the
regular basis. The rural crime section crime debate, for a moment I thought,             harm has been done to the community,
of our bill will allow us to explore new well, we heard speeches about getting           after our domestic security has been
ways to attack the special problems tough on crime before. We have heard,                impaired, after we have already suf-
rural law enforcement agencies face.       and no doubt will hear in the ensuing         fered from the ravages of that criminal
   Mr. President, let me conclude by days and weeks, a lot of holding forth              activity and that lawlessness to which
saying that this crime bill is a tough on the issue of crime; what is wrong              Senator SASSER refers.
bill. The crime bill is not only tough, it with it, what we can do to fix it, how           This crime legislation says we are
is innovative. It combines the best and we can get our domestic house back in            going to take some proactive steps on
most forward-looking ideas in law en- order.                                             the front end of the process. We are
forcement with the resources to make          But I daresay, Mr. President, the          going to try to close that door a little
them work.                                 comment I wanted make this afternoon          bit before the horse gets out of it. We
   During the 2 weeks we consider this was simply this: if there was ever a              are going to try to take some steps to
legislation, crime will be all too real reason to be hopeful, If there was ever          give us the mechanisms, the tools, with
and immediate for many Americans. It       a reason to be optimistic about the di-       which to combat crime before our peo-
will come in the form of a gunshot rection that we are going to take on                  ple are victimized.
from a passing car, a drive-by shooting, crime, it is the crime bill that is before         I think that is a major step forward.
a mugging on the subway or the bus us and the kind of support and the en-                That is the really good news that
stop, a drug deal on the corner. Too thusiasm of the Members of this body                comes out of this legislation. That is
often, the victims of the criminality around this legislation, as well as the            the opening of an opportunity, I be-
are the children.                          issue to which it pertains.                   lieve, that we should not miss.
 27200                                  CONGRESSIONAL             RECORD-SENATE                               November 3, 1993
      So I want to encourage my col-             There are other aspects of this legis-    has passed in which we can dilly-dally
  leagues to bring the bill forward, to       lation. I mentioned I only wanted to         about this. The people want to see us
 work out whatever remaining dif-              take a moment because I could not re-       take some action, take some sensible
  ferences and difficulties there may be      sist the temptation, having listened to      action now.
 so we can take up the specific provi-        the debate while I was presiding. But          Mr. President, I suggest the absence
 sions.                                       let me say this.                             of a quorum.
     One knows it is not a moment too            I think this issue is one that is par-      The PRESIDING           OFFICER. The
 soon-or a moment too late, really-for        ticularly prone, frankly, to partisan        clerk will call the roll.
 us to have the addition to the commu-        bickering. I just hope, as a newcomer          The legislative clerk proceeded to
 nity police that this legislation con-       to this body, that we can put that           call the roll.
 tains. I come from, as the Presiding Of-     aside-to the extent it is ever possible        Ms. MOSELEY-BRAUN. Mr. Presi-
 ficer no doubt knows-the men in my           in the context of something as visible       dent, I ask unanimous consent that the
 family were all in law enforcement. My       and emotional an issue as is crime-          order for the quorum call be rescinded.
 brother, my father, my uncle were all        that we can put aside the partisanship         The PRESIDING OFFICER. Without
 police officers.                             and the bickering and really get to          objection, it is so ordered.
     In the old days when my uncle first      taking up the specific parts of the
 started on the force, we used to have        crime bill and the specific amendments
 what were called beat cops. The beat                                                             EXTENSION OF MORNING
                                              that the Members of this body intend
 cops would walk the neighborhoods.                                                                        BUSINESS
                                              to put to this legislation.
 They were people who were known in              This issue is entirely too important         Ms. MOSELEY-BRAUN. Mr. Presi-
 the community. Everybody knew them.          to all Americans to be hung up in Re-        dent, I ask unanimous consent that the
 The guy on the corner would offer a          publican versus Democrat politics. I         period for morning business be ex-
 cup of coffee, and the beat cop was          think, in fact, if anything, the people      tended for an additional 30 minutes,
 someone who was there, as much a part        will be justified in running us out of       with Senators permitted to speak
 of the neighborhood-well, in         the     town on a rail if it does get hung up in     therein for up to 10 minutes each.
 neighborhood where I grew up we al-          partisan bickering. This is an issue, I         The PRESIDING OFFICER. Without
 ways had the winos in the      neighbor-     think, we have an obligation to move         objection, it is so ordered.
 hood as well. But the beat cop you           on. If anything, the kind of support in         Ms. MOSELEY-BRAUN. Mr. Presi-
 know. He was there, and he was able to      the public, the kind of attention this        dent, since no one is here and we would
 prevent crime as well as to stop crime      issue has received, suggests the Amer-        just listen to the call of the roll, I will
 and deal with the malcontents. He                                                         speak for a few more seconds while we
                                             ican people absolutely want to see us
 knew where the problems were. He                                                          wait for someone to come to the floor
                                             do something. More than do something,
 knew Mrs. Jones' son was a bad actor                                                      and talk specifically about some of my
                                             I think the American people are say-
 and he was likely to be the one that                                                      proposals.
                                             ing, "Enough of the verbiage, enough
stole something from down the street.                                                        The PRESIDING OFFICER. The Sen-
                                             of the flowery speeches. Do not tell me
He knew it was time for Johnny to be                                                       ator from Illinois is recognized.
                                             you are going to be tough on crime,
in class and not hanging out in the                                                          Ms. MOSELEY-BRAUN. Mr. Presi-
                                             and then not doing something realistic
alley. He knew what was going on in                                                        dent, one of the things I had men-
                                             about it."
that community.                                                                            tioned-and, again, I am speaking ex-
    I daresay we now can talk about "he         This gives us a start. There are some
                                             parts that, frankly, I would like to see      temporaneously as you can see-but
or she," thank goodness, but the fact is
                                            as well. I would like to see the assault       one of the points I wanted to raise as
that the old-fashioned idea of the beat
                                             weapon provision as part of this legis-       part of the deliberation about the
cop really has been revived with what
                                            lation, and it is not. It will be taken up     crime bill had to do with the whole
we call "community policing." The
                                            separately. I would like to see the            issue of juvenile crime. In that regard
concept really is not all that different.
It is not just that we would put an oc-     Brady bill as part of this legislation.        there are several aspects which ought
cupation force of new police out here in    That will be taken up separately.              to be noted.
the communities, but, rather, we would          Certainly, as we approach the issue          One is the tremendous increase in ju-
have individuals working with the           of what to do about guns, what to do           venile crime. If anything, the crime
communities in the communities to           about juvenile criminals, what to do           rates for the ages between 12 and 18
help make those communities safe, to        about the revolving door in our pris-         have skyrocketed. While the crime
give the citizens and the residents of      ons, what to do about taking back our         rates for the other age groups have
those communities the tools they need.      streets and giving us the opportunity         been on a more level basis, the crime
Very often the people who are the most      to have community police, what to do          rate among juveniles has skyrocketed.
victimized by crime, who most want to       about the safety considerations that          There are many, many factors giving
see it resolved, who most want to see it    Americans feel-as we take up those            rise to this, not the least of which has
out of their neighborhoods are the peo-     constituent parts, I am hopeful we will       been described by some of my col-
ple who are themselves the most in-         be able to do it in the spirit of this de-    leagues who have spoken on this issue
timidated, the most frightened of being     bate, in the spirit that says the Amer-       on the floor this morning.
part of a system of resolution of the       ican people are entitled to have us ad-          But there are a couple of points I
issue.                                      dress their domestic security. They are       hope to raise as part of the crime bill
   They are the ones who are the most       entitled to have us act on this crime         debate, going to the issue of taking an-
afraid to talk to the police, are the       legislation. They are entitled to have        other look at juvenile crime. In the
most afraid to participate in patrolling    us pass out of this session a crime bill      first instance, one of the problems with
the neighborhood or speaking up about       that works. And a crime bill that             our juvenile criminal system is we
the crack house or the drug house or        works is one that, I suggest, gets smart      have failed to revisit the issue for real-
the bad actors in the neighborhood.         on crime as well as tough on crime.           ly almost 100 years in this country. One
   I believe this approach, community          I believe this crime bill has the ele-     hundred years ago-generations ago-
policing, will go a long way to resolv-     ments of that, and I certainly encour-        there were reforms in the criminal jus-
ing that and giving communities a           age the negotiators who are back there        tice system that suggested we take ju-
sense of connectedness again so those       somewhere hammering out the details           veniles out of the criminal justice sys-
social networks, those kinds of net-        of the procedure we are to undertake, I       tem and treat them "in loco parentis"
works that allow for stable and strong      encourage them to get on with it so we        were the words; the State would act in
communities, can operate again in           can take this legislation up and begin        the place of a youngster's parents.
order to give us back the safety and        seriously to concentrate on getting           That youngster was not of the mental
the security we need.                       this legislation passed. The moment           capacity to be able to consider fully or
 November 3, 1993                         CONGRESSIONAL RECORD-SENATE                                                          27201
  participate fully in the normal crimi-             So, as a result, I have proposed as       he did not look too happy. You start a
  nal justice system so we would spin            part of the crime package, I have pro-        conversation with someone. I said.
  that person out and set up a separate          posed a specific amendment that goes          "How are you doing?" He said, "I'm
  set of courts in order to deal just with       to the issue of juvenile crime. One of        not doing too well." He said, "My only
  the crimes committed by young people.          those amendments calls for mandatory          nephew is right now laying in a hos-
     The juvenile justice system was con-        education. That is the carrot part. All       pital with a bullet in his brain. We
  sidered at the time it was enacted as a        too often we find young people, when          don't know if he is going to make it or
  tremendous      reform because,     quite      they are put in detention facilities, do      not." Of course, I was shocked. Appar-
  frankly, there was the somewhat sorry          not get the educational support that          ently the youngster was at school-ac-
  legacy of youngsters of 12, 13, 14 years       they would require, and so their              tually a fairly good school in Chicago-
  old being hanged for crimes in certain         schooling falls off, and whatever             a couple days before. He got into an ar-
  parts of this country.                         chance they had of getting beyond             gument with another youngster in
     So, the shocking nature of that gave        criminality goes out of the window be-        school. That youngster took out a gun
  rise to the notion that, "Well, we real-       cause they are not equipped, they are         and shot him in the head. He came
  ly should treat juvenile criminals like        not provided the opportunity and the          back to school the next day with the
  juveniles because, after all, they are         skills to do anything else. They are not     gun on him, bragging about how "they
  younger, they can't know the gravity           there, denying effectively a chance for       can't do anything to me, I'm still 15."
  of their activity, they can't really           education.
  know what it is they are doing."                                                               It seems to me, Mr. President, that
                                                    Fortunately, in all too many in-          we have to send a real strong and clear
    I think, Mr. President, that we have         stances there are educational services
  seen a dramatic sea change in that                                                          signal that being 15 does not give you a
                                                 on the books, but when it really comes       license to kill somebody and a license
  issue and the way that that issue ought        down to it, that individual, the young-
  to be considered. In fact, if anything, I                                                    to go into a system in which you are
                                                ster himself-him or herself-may not           not held accountable for your actions;
  would commend to this body that we
                                                actually receive the kind of schooling        that you can be as accountable at 15 as
  need to take a good, hard look at the
                                                commensurate with the kind of school-         you can at 16. You can be held to ac-
  way that we address and deal with ju-
                                                ing that would be available were that         count at 14 for murder and for these
  veniles generally as part of the crimi-
                                                person outside of the juvenile facility.      heinous crimes committed with a
  nal justice system.                               So part of this requires mandatory        weapon. That is what that amendment
    Young people now have access to in-
  formation that is unparalleled. They          education con csistent   with standards       will do.
  have access to the media, they have ac-       set by the Department of Education so
                                                                                                 There is some mitigation and vitia-
  cess to newspapers, they have access to       that we can assure that youngsters
                                                who are incarcerated who are already          tion, if you will, of the harshness of
  a whole host of things that were not                                                        that approach with the provision that
  available to young people a generation        in detention facilities will get a chance
                                                                                              within 3 years, a juvenile will be able
  ago. Certainly the statistics and the in-     to be educated. Again, that is the car-
                                                rot.                                          to have his or her sentence revisited to
  formation that we have about juvenile                                                       see if the sentence continues to be ap-
  crime suggests that not only do they              The stick is that a youngster who
                                                kills somebody, a youngster who com-          propriate. So there is a revisitation
 have access to additional information,                                                       within 3 years for appropriateness of
 but they are acting out on that infor-         mits an attempted murder, a youngster
                                                who commits a drive-by shooting               the sentence. Then, like other juvenile
 mation and acting out on this revised                                                        criminal      laws,    it   allows     for
 role in our society in ways that are es-      should not get off because he or she is
                                                only 14 or only 15. This legislation, this    expungement       of  that    individual's
 pecially chilling.                                                                           record at the age of 18, again, should
    We have seen, for example, young           amendment provides that we will try
                                               juvenile criminals as criminals from           that person be rehabilitated.
 people, juveniles being used as mules,
 if you will, used as carriers, not only of    the age of 13, if necessary, within the           But I say to you, Mr. President, the
                                               range of a specific category of very hei-      time has come for us to send a loud and
 drugs but of weapons by older juveniles
 who know that because you are under a         nous crimes, including murder, at-             clear message to young people that
 certain age, you cannot be prosecuted         tempted murder, drive-by shootings,            they have to function like citizens,
 in the same way. You will not go              and specific criminal heinous assaults         they have to function in a responsible
 through the same criminal justice sys-        with a weapon. Why would we separate           manner and certainly that we are not
 tem, you will not have the same pun-          that out?                                      going to tolerate murder by children
 ishments applied to you. And so, as a             It seems to me, Mr. President, that        and not treat them like criminals. It is
 result, in all too many instances in          in the first instance, the criminal jus-       just that simple.
gang situations and sometimes not in           tice system in and of itself does provide         So, Mr. President, I want to say-
gang situations, it is the younger juve-       for due process, does provide for rights      again, I do not want to take up all the
niles, the 14-, 15-, 16-year-olds who are      to counsel, does provide for a system          time-I see the minority leader is on
actually the trigger men, who are the          that really may not exist in the juve-         the floor and I do not want to take the
hit men or girls, as the case may be,          nile justice system standing alone. But       time from whatever it is that he has to
who are actually the ones perpetrating         as much the point, I think it is of criti-    add to this conversation or debate-ex-
the most violent of crimes and our sta-        cal importance that we let the young          cept to say I am encouraged by the fact
tistics show that has increased also. It      people know that, again, just by virtue        that this crime bill gives us the oppor-
is a scary proposition indeed.                of your age you are not going to get off       tunity to take a fresh look with new
    As a result, I think we have to take      with killing somebody with an assault          eyes at some of these longstanding
an approach that gives us the capacity        weapon, with a handgun, because you            problems. I am optimistic and hopeful
to have what I call a carrot, a stick,        have not yet hit your 16th birthday or         that we can get on with the business of
and a few peas. The peas come from the        you have not yet hit your 17th birth-          taking up and considering this legisla-
First Lady's comment about peas a             day.                                           tion. Thank you.
couple weeks ago, the notion being                I am going to tell a story, and I am          Mr. DOLE addressed the Chair.
that we have to provide, on the one           going to hold on my statement until
                                              later, but I want to share with you a             The PRESIDING OFFICER. The mi-
hand, support for juveniles, support for
them not to get engaged in criminal           story that is very personal-not very           nority leader is recognized.
activity, as well as a very clear and         personal-but a story that happened to             Mr. DOLE. Mr. President, it is my
consistent message that if they do get        me personally. I was back in Chicago           understanding that we are in morning
Involved that they will be treated with,      and I went to a restaurant. I sat at the       business; is that correct?
they will be dealt with as criminals          counter at the restaurant. The guy sit-           The PRESIDING OFFICER. That is
and not just as children.                     ting next to me was sitting there, and         correct.
 27202                                       CONGRESSIONAL RECORD-SENATE                                   November 3, 1993
                CRIME BILL                      when we may expect a report from the old girl recently gunned down in a
   Mr. DOLE. Mr. President, Senator,            inspector    general     which concerns Washington playground, would still
 BIDEN and HATCH are meeting as we              somebody at the State Department have a childhood and a future.
                                                going through the files of 160 people. I      The thugs who committed these
 speak. So I would like the record to re-
 flect, nobody is holding up the crime          do not know their names, do not know crimes all had one thing in common.
 bill. I guess they are trying to see how       who they are. As far as I know, they They all had prior criminal records.
 they can best facilitate handling the          were political appointees in the State They entered our criminal justice sys-
 bill so they can move it expeditiously         Department of the Bush administra- tem and then slid through its revolving
 once it is before the Senate.                  tion. Rifling through their files, look- door, legally and with tragic con-
   There is no objection on this side to        ing for what? We do not know. But it sequences.
                                                was a big, big issue here not too many        So if we are going to build regional
 bringing up the bill, but I think the
managers feel it might be more useful          months ago, and we think that some- prisons, we are going to permit States
to them to see if they can work some           body ought to look into it and deter- to use those prisons, we are going to
things out in advance before the bill is       mine whether or not some law was vio- make certain States adopt the truth-
up and open to amendment.                      lated. If in fact it was, then to take in-sentencing law because otherwise it
                                               whatever appropriate action.               is not going to do any good if Federal
   So I will say we do not know of any
                                                                                          money is going to be spent to ware-
reason to hold it up. But I do believe                                                    house State prisoners who are going to
they are consulting now and perhaps                      JUDICIAL NOMINEES                be let out in this revolving door proc-
they can reach some agreement that
might expedite the handling of the leg-           Mr. DOLE. Mr. President, we are ess to go out and commit additional
islation.                                      going to be on the crime bill, and the crimes. If we are not serious about put-
                                               focus is certainly long overdue because ting an end to some of this, then we
                                               we need to go to work immediately. I can all make great speeches and vote
   STATE DEPARTMENT NOMINEES                   hope a lot of people who may be watch- for the weakest provisions-that has
    Mr. DOLE. Mr. President, earlier this      ing the debate or listening to the de- been the case around here the last sev-
 morning, the distinguished Senator            bate or reading the debate understand eral years-and say, boy, we are doing
 from Massachusetts, Senator KERRY,            there is only so much that can be done a good job on crime.
                                               by the Federal Government when it             If you look at the election results
 was here to discuss with Senator
 MCCONNELL Senator MCCONNELL's hold            comes to crime. We will have a lot of just yesterday, crime was the issue, the
 on certain State Department nominees          anecdotal evidence on the Senate floor, big issue. Whether it is New York City,
 because Senator MCCONNELL was try-            but there are limits on what the Fed- the State of New Jersey, the State of
 ing to receive certain information from       eral Government can do. And that Virginia, or many of the mayor races,
                                                                                          crime is the issue. They are looking at
 the inspector general.                        point will be made by speakers on both
                                               sides of the aisle as far as I know.       us, Democrats and Republicans alike,
    I made the point at the time when
 you have one-party rule where they              But we do need a short-term solution to get tough. If we are not willing to do
 have the White House and the Con-             to sort of staunch the bleeding on our it, we are going to find out the elector-
 gress, it is difficult for those Members     streets. One thing about incarceration, ate is going to demand others do more.
                                                                                             Now, we can put more police on the
 on this side to exert any leverage to        if people are in jail, they are not going
                                                                                         streets, and we can build more prison
 get certain information we think we          to commit any crimes, no question cells, but all these efforts will be wast-
 are entitled to. If it were the other way    about it.                                  ed if we do not back them up with
 around, the majority party could be             So in the Republican approach we
                                                                                         judges who are willing to enforce our
 holding hearings and doing a lot of          propose to spend $3 billion in funding criminal laws and not find some excuse
 things to put pressure on any depart-        to build and operate new prisons.          to let criminals roam the streets.
 ment or agency to get the information           You go back and take a look at what        During the Warren Court years, the
 they want.                                   happened to some of these cases. Had Supreme Court headed down the wrong
   I guess, as I understand, during hear-     these repeat offenders been behind bars road, overturning years of established
 ings on the BCCI case, Senator KERRY         where they belong, serving their sen- precedent, creating new rights for
 may have held up the nomination of           tence instead of getting out early, the criminal defendants and making it
 Bill Barr, to become Attorney General,       second or third or fourth or fifth crime tougher to put criminals behind bars.
 for a few days until he received certain     may not have happen.                          The Warren Court's legacy remains
 information, certain documents related          So we have to make a choice. We with us today-and Chief Justice War-
 to the Justice Department's own crimi-       may have to make an investment. If we ren was a Republican, I would add-
nal investigation of BCCI.                   are talking about protecting the aver- with the rising crime rate, overbur-
   The documents normally would have         age American, I think it is very impor- dened courts, and an American people
been strictly confidential, since BCCI        tant that we approach this in a way who rightly sense that our criminal
was a pending criminal case. But they        that builds prisons but tells the States justice system is tilted in favor of the
were forced to go over these docu-           it is not a dumping ground for Min- purveyors of crime and against its vic-
ments, case by case-maybe it was ap-         nesota or Kansas or any other State. tims.
propriate, I assume it was appropriate.      Unless they reform their laws to make          Judges, and the decisions judges
The point is, the nomination was held        certain that they serve a certain sen- render, can make an enormous impact
up. I assume if they had not done this       tence, certain percent of their sen- on whether criminal justice is dis-
in 2 days, it would have been held up 10     tence, then they cannot put their pris- pensed swiftly and with some cer-
days, 20 days, 30 days, 40 days.             oners in these regional prisons.            tainty. That is why it is critical that
   I want the record to reflect there is a       Each State would be allowed to sen- the Clinton administration choose its
lot of precedent around here for hold-       tence its most violent criminals to         judicial nominees with great care.
ing up nominees to get information           these prisons but only if it keeps up its     It is one thing to talk a good game
that may not even be related to the          end of the bargain by adopting a re- on crime, but it is far more important
nomination. Certainly, the Senator           form called truth-in-sentencing. A 15- to back up the talk with action. By ap-
from Kentucky has no desire to hold          year prison sentence should not mean 5 pointing judges who interpret the
the nominees. We have no quarrel with        years or 10 years. It should mean 15 criminal laws, not in accordance with
the nominees. They ought to be ap-           years or a sentence very close to it. If their own political philosophy or vision
proved, and I hope that the Secretary        we had truth-in-sentencing, the father of social justice but, rather, according
of State, when he appears before the         of Michael Jordan would still be alive to the intent of the laws' drafters.
Foreign Relations Committee tomor-           today. And if liberal parole policies         Unfortunately, one recent judicial
row, will give us some indication of         were ended, Launice Smith, the 4-year- nominee, Rosemary Barkett, currently
 November 3, 1993                               C:ONGRESSIONAL       RECORD-SENATE                                             27203
  the chief justice of the Florida Su-            just as they looked at all the nominees          We discussed how health care differs
  preme Court, appears to be a proponent          of President Bush and          President      in small areas and rural areas where
  of the criminal-as-a-victim-of-society          Reagan very carefully, and maybe              you do not have the economies of scale,
  approach. In one notorious case, in-            these quotes and maybe things they            where you do not have the physicians,
  volving a brutal, racially motivated            have stated they can explain.                 and all of the technology.
  murder, Justice Barkett opposed the                So I do not suggest anybody make a            Since that visit I have been noticing
  imposition of the death penalty, join-          judgment but reserve judgment until           in the papers some comments made by
  ing a dissent claiming that the defend-         after they have had an opportunity to         Mrs. Clinton with respect to the insur-
  ant's impatience for change, for under-        come before the committee and review          ance industry. In past weeks we have
  standing, for reconciliation matured to        their records in greater detail. But          also heard about the alleged excesses of
  taking the illogical and drastic step of       what we have seen so far is not particu-       the pharmaceutical industry. Its pos-
  murder. His frustration, his anger, and        larly encouraging.                            sible future could bring criticism of
  his obsession with injustice overcame             So it is important to put more cops        other players in the national health
  reason.                                        on the street. It is important to keep        care debate-maybe hospitals, probably
    Overcame reason.                             violent criminals behind bars. But let        physicians, or dentists or anyone who
    So because he was impatient and be-          us not forget that the gatekeepers to         is a provider; anybody who provides
  cause he had not matured, because he           our criminal justice system are the           health care or insurance or whatever it
  took the illogical step, then there            judges.                                       might be.
  ought to be some mitigating cir-                  If we are to begin to slam the door on        I think we have to be very up front
 cumstance.                                      crime and criminals, we will need Fed-        about it. There are real problems we
    The dissent, in which Justice Barkett        eral judges who view law and order as         face as we do our best to reform our
 joined, goes on to say that the victim          something more than just a slogan.           health care delivery system. But in my
 of the brutal murder was not really a              So I would say whoever it is, what-        view creating an enemies list is not the
 person but, rather, a "symbolic rep-            ever administration, when you talk            way to go about it. We just cannot say
 resentation of the class causing the            about somebody on the district court,        we will just make the insurance com-
 perceived injustices."                          lifetime appointment, appellate court,       panies villains or the pharmaceutical
    Not a person, just a member of a             Supreme Court, lifetime, then I think        companies or the physicians or the
 class that caused all these injustices          we want to be very careful that we           dentists or the hospital administrators
 that brought about an illogical act and         know what we are doing before we vote        or the nurses or whoever it may be, and
 made this person angry and his obses-           to confirm somebody who may have an          just try to divide everybody, divide and
 sion with injustice overcame his reason         impact on our families, our commu-           conquer.
 and somebody got murdered.                      nities, our States, whatever it may be,          There are certainly bad apples, as
    Well, I do not know what all that            and how they see the law. They ought         Mrs. Clinton has indicated, in every
 means, but it means that somebody is            to interpret it and not give us their        barrel. That is true of the health care
 going to be before the Senate, if the           personal view.                               industry as well as other industries and
 nomination is approved by the commit-                                                        certainly this Senator is well aware of
 tee, and it seems to me we need to give                                                      the shortcomings of the insurance in-
 that nominee a very careful look.                      ORDER OF PROCEDURE                    dustry when it comes to the availabil-
    Yet another nominee, Martha Craig              Mr. DOLE. Mr. President, I know I          ity of reasonably priced insurance cov-
 Daughtrey, also appears soft on the             have exceeded the 5-minute limitation        erage for individuals and small busi-
 death penalty. In fact, during her ten-         but I ask unanimous consent that I           ness. But there is also a lot to be proud
 ure on the Tennessee Supreme Court,             may proceed on another matter.               of in our health care system; a lot of
 she joined a dissent from a key ruling            The PRESIDING OFFICER. Without             insurance companies to be proud of in
 declaring that the Tennessee statute            objection, it is so ordered.                 our health care system; thousands and
imposing the death penalty for felony                                                         thousands and thousands of employees
murders is unconstitutional. The dis-                                                         all across America who are in the in-
sent offered this textbook example of                   HEALTH CARE REFORM
                                                                                              dustry working every day, making an
judicial activism:                                 Mr. DOLE. Mr. President, we had just       honest living, providing for their fami-
   Implicit in death penalty jurisprudence is    last Friday a very what I thought was        lies, not gouging anyone.
the recognition that the standards of de-        a good hearing on health care in Kan-            And it seems to me that we should
cency are not static but evolving, that soci-    sas City, MO. There were seven Sen-
ety is not stale but maturing, and that the                                                  not just single out any one group or
 level of community morality will continue       ators present, and Judith Feder, one of     any one industry, and say it is their re-
 to rise until the reasoned moral response of    the administration's key specialists on     sponsibility.
 the people of Tennessee will be that the       health care. And we were very honored            So there is a lot to be proud of in our
 death penalty is cruel and unusual punish-      to have Mrs. Clinton come to Kansas         system, firm foundation upon which we
 ment.                                          City and speak to about 2,500 people         should build a better delivery and fi-
   A third nominee, Thomas Shanahan,            who were packed into a room-there            nancing system.
 who has been nominated to fill a va-           would have been more if we had had               Because there are no easy answers to
 cancy in the Federal district court in         more room-to talk about health scare,        these difficult challenges, it will often
 Nebraska, has dissented in several key         and indicate at that time, at least as       be tempting to blame someone or
 cases upholding the convictions of             far as I know, there was a lot of flexi-     something. It is often said that you
 child sexual abusers and drug offend-          bility in the President's plan; and, in      have to have a villain or you cannot
 ers.                                           effect, reaching out not to us nec-          succeed. So before the Soviet Union we
   These dissents, as I understand them,        essarily but to the people in the audi-      spent more money for defense. There is
have hinged on technical interpreta-            ence who had some misgivings about           now something else we can spend more
tions of evidentiary rules and State            some of the President's plan.                money for, our domestic problems-not
criminal laws. And make no mistake                 So I thought overall it was a very        to pick out somebody out there that
about it, technicalities do matter, for         successful hearing. Then we went from        will get the attention of the American
if Judge Shanahan's views had pre-              the urban area to a rural area of Kan-       people, rightly or wrongly, and sort of
vailed in these cases, the convictions of       sas. Unfortunately, Mrs. Clinton could       make that person or that industry or
vicious child sex abusers and violent           not attend that. We went from Kansas         that group the villain so that then you
drug offenders would have been over-            City to Garden City, KS, on Saturday         would be able to do certain things you
turned.                                         of last week, and had about 450 people       could not have done otherwise.
   So I just say that we ought to take a        there from rural areas in western Kan-          It just seems to me that we cannot be
look at these nominees very carefully,          sas.                                         tempted to do that. If we are going to
 27204                                        CONGRESSIONAL RECORD-SENATE                                     November 3, 1993
 have a bipartisan consensus, both sides        been blamed for virtually every eco-          unilaterally, with the past decade is
  need to avoid such actions. And as far        nomic affliction and woe found in the        much to the credit of President Sali-
 as I know, inflammatory rhetoric is            country today. In fact, some say it          nas.
 not going to bring us closer together.         causes the common cold. It causes al-             In the meantime, every economic
   I am a member of the Finance Com-            most everything bad in America, all          woe and affliction that NAFTA oppo-
 mittee; the distinguished majority             this North American Free-Trade Agree-        nents try to pin on this agreement will
 leader is; 18 other members, 11 Demo-          ment.                                        continue. United States companies will
 crats, and 9 Republicans, all reason-            I give NAFTA's opponents credit for        face extraordinarily tough competition
 able, objective, all good Members of           their tenacity. However, I deplore the       from manufacturers around the world,
 the Senate as far as this Senator              effect of their scare campaign on the        from Japan, Germany, as well as from
 knows. We have to deal with these             people who just wanted the truth.             China, Indonesia, and Mexico. Some
 problems with insurance companies,               Instead, people are hearing, and           jobs will continue to be destroyed in
 with pharmaceuticals, with every other        sometimes unfortunately, sometimes            this country due to factors that have
 group, with consumers of health care,         believing many of the half-truths about       nothing to do with trade. Companies
 and along with maybe another one or           NAFTA. Certainly, I do not wish to            will continue to decide to produce out-
 two to try to put together a plan by          deny anyone's right to support or op-         side of the United States.
 some time next year.                          pose NAFTA. I do not question their               If all that happens, if NAFTA is de-
   We are going to be asking these same        motives. It is a very important agree-        feated, who will the opponents blame
 companies to make changes, to make            ment. I can certainly honestly see why        then? I guess I will conclude by saying
health care accessible and affordable-         some would be opposed to it.                  I think the North American Free-Trade
and the industry representations-as to            But I think people are entitled to         Agreement is a window of opportunity
the potential effects. The reform sys-         their views, but they are not entitled        to raise our standard of living right
tem must be fair, as must our response.        to their own facts. The facts are facts.      now, to ease existing burdens on doing
   The public deserves no less, and they       You cannot change the facts. I cannot         business across national borders.
want the facts, not fiction. If we find        change the facts.                                 Keep in mind that Mexico is going to
someone who is carrying on some egre-             I support the North American Free-         lower their tariffs. Ours are low now.
gious practice that adversely impacts          Trade Agreement. If somebody else is          We are told by the experts that in the
on anybody in America, regardless of           on either side who is opposed to it,          first year of this agreement, if passed,
race, color, creed, age, sex, whatever,        they cannot change the facts either.          we are going to sell 2 billion dollars'
then we ought to make certain we pro-            So it seems to me that we ought to          worth of automobiles in Mexico. That
tect anybody from such activity.               be approaching this again in a biparti-
                                                                                            is 12,000 to 15,000 jobs, or more. There
   But on the other hand we want to            san way, in this case Republicans are
                                                                                            are 700,000 jobs in America now creat-
make certain while we are doing that           working with the President. There are
                                                                                            ing products we sell to Mexico. Amer-
that we do not bludgeon somebody else          probably more Republicans working
                                                                                            ican jobs in America. Every time $1 is
who has no responsibility and has no           with the President on the North Amer-
                                                                                            spent in Mexico for imports, 70 cents of
involvement at all, as I have said, just       ican    Free-Trade    Agreement      than
                                                                                            that finds its way back into the United
out there trying to make it work and           Democrats are working with the Presi-
                                                                                            States. As Mexico's economy gets bet-
trying to create jobs and opportunities        dent.
                                                                                            ter, then they will spend more money.
and better health care for all Ameri-            The President, I think, is making a
                                               good effort to make certain we get it            Also keep in mind, if this agreement
                                              passed. Why? Because it is the right          is approved, countries like Chile, Ven-
                                               thing to do. I asked a former President      ezuela, and Argentina are waiting in
                   NAFTA                      why should I support NAFTA. He said,          line to make the same kind of agree-
   Mr. DOLE. Mr. President, on the             "I will tell you why. It is the right        ment. That means more trade and
 North American Free-Trade Agree-             thing to do." Five former President's         more jobs.
 ment, I was honored to be at the White       have     endorsed NAFTA:         President        I have met with every farm group in
 House this morning with the President        Carter, President Reagan, President           my State-maybe I missed a few-and I
 and leaders in the House and the Sen-        Bush, President Ford, President Nixon,        guess there are one or two smaller
 ate from both parties.                       and the sitting President, President         farm groups opposed to it. But every-
   The President signed this transmit-        Clinton. As far as I know, they do not       body else-the corn people, wheat peo-
 tal document that will transmit the          have any agenda with Canada or Mex-          ple, livestock people, cattle, hogs,
implementing legislation to Congress.         ico. They do not have any interest in        whatever-are all for the agreement.
Then on the 17th of November the              any trading companies or going to            So agriculture sees the opportunity.
House is going to vote. Once this gets        make any profit by supporting the            Small business men and women see op-
up, or this starts the clock running,         North American Free-Trade Agree-             portunities.
and I hope we can advance that time-          ment.                                            So I suggest that the anti-NAFTA
table, it is a 90-day clock, significantly.      So it seems to me that we ought to at      "list of horribles" will be the costliest
And if they vote on November 17 and it        least consider their endorsement, not        red herring we have ever encountered,
passes, then it comes to the Senate.          that they know everything but take a         if we allow it to determine the fate of
   Mr. President, the implementing bill       lot of wisdom, combine all the years of      this historic trade agreement.
accompanying NAFTA is a very good             those five, plus President Clinton, cov-         I commend the President, the former
bill. It is a clean bill, which means         ers a lot of time, a lot of dealings with    Presidents, and the Democrats and Re-
around here it is not loaded up. It does      Mexico, a lot of dealings with Canada.       publicans in the House, where it is
not contain a lot of extraneous matter,          So this is a very important vote. If      going to be a much tougher battle. I
if any. It makes the necessary changes        this measure is not passed, then we are      did point out this morning at the
in U.S. law to bring us into conformity       going to be held accountable for the         White House that a lot of our Western
with the obligations we have agreed to        drift that will follow in world trade ne-    States' Senators who support NAFTA
under the North American Free-Trade           gotiations for the failure of the Uru-       are getting so frustrated with the ac-
Agreement. It makes a few other               guay round, for the sudden loss in           tions of the Secretary of the Interior,
changes that Members of Congress              credibility that the United States will      Mr. Babbitt, when it comes to western
were concerned about, all of which in         experience as it tries to deal with its      lands, that some of the votes we may
my view improve the future operation          trading partners. We will be held ac-        have counted on may be slipping away.
of the trade agreement.                       countable for rejecting the opportuni-          I hope that the Secretary of the Inte-
   Mr. President, NAFTA, or the North         ties to lock Mexico into the profound        rior is listening. If he is supporting
American Free-Trade Agreement, has            economic change that has undertaken,         NAFTA, he ought to be up here talking
 November 3, 1993                            CONGRESSIONAL RECORD-SENATE                                                       27205
 to some of the Western States'. Sen-           time since the days of Gifford Pinchot,         more and more fiber out of production
 ators, Republicans and Democrats, be-          the founder of the U.S. Forest Service,         so that my logging communities have
 fore those votes slip away. It is not          that this kind of policy has ever been          fewer people working at a time when
 about grazing fees, it is about what           used. Why? Because there is no doubt            we have to stabilize forest policy in
some would call the "war on the                 that this administration does not want          this country, bring stability of leader-
West," about a 19-page document that            to follow standard procedure. And what         ship to the U.S. Forest Service, what
is put into legislation without any             is it? It is to select from inside the U.S.    do we get?
hearings that affect a lot of different         Forest Service, and through the Senior            We get a firing of the Forest Service
interests in the West.                          Executive Service, qualified men or            Chief. We get an Acting Chief put in his
   From that standpoint, we may be in           women who have had the training and            place. And the criticism and the tur-
some danger on the Senate side. But,           the talent to lead the Forest Service           moil go on.
hopefully, the Secretary, or maybe             and manage an agency that is a very                (Mr. CAMPBELL assumed the chair.)
even the President, will step in and see       large business, managing the forested              Mr. CRAIG. Mr. President, Secretary
if he cannot reconcile or resolve the          lands of this Nation.                           Espy,     Assistant   Secretary    Lyons,
differences now out there when it                 Well, the Forest Service has its crit-       please, wake up. Give us leadership and
comes to adopting the conference re-           ics. You, Mr. President, and I know             give us stability, and let my Western
port on Interior appropriations.               that, and some of this criticism is un-         communities continue to work and my
   I thank the Chair, and I yield the          doubtedly warranted. But this ap-               ranchers to continue to graze under
floor.                                         proach is amazing to me, at a time              policies environmentally sensitive and
   Mr. CRAIG addressed the Chair.              when society wants to reflect different         responsible and recognize whether it is
   The PRESIDING OFFICER. The Sen-             changes in public land management               trees or grass or rocks. What is impor-
ator from Idaho is recognized.                 policy; and certainly you, Mr. Presi-           tant is a wise and effective utilization
   Mr. CRAIG. Mr. President, I ask             dent, and I have agreed and disagreed           of those resources in a balanced man-
unanimous consent to proceed as in             on that at times. What we do recog-             ner that is done in a way that all of us
morning business.                              nize, though, is the need for good man-         can agree on, that does not change
  The PRESIDING OFFICER. Without               agement and stability, whether it is a          nearly 100 years' worth of public land
objection, it is so ordered.                   person that is reflective of my inter-          policy in this country, recognizing its
                                               ests, or your interests, or our interests       importance in creating jobs, in foster-
     THE CONCERNS OF WESTERN                   collectively. What is important is tal-         ing economies in western public land
                SENATORS                       ent, talent that understands how to             States.
                                               manage a huge agency like the U.S.                 Is there a war on the West? Well, for
    Mr. CRAIG. Mr. President, the Re-          Forest Service.                                 all intents and purposes there clearly
 publican leader has just spoken to a             Well, a week ago I criticized this ef-       appears to be. Mr. President, you can
 very important issue that has this            fort. I do not know whether that bore           put that war to bed if you will direct
 western Senator extremely concerned           fruit or not, but all of a sudden, what         your Secretary of the Interior to get on
 at this moment, and that is the insen-        appeared to be a political appointment,         with the business of solving the grazing
 sitivity of this administration. But,         which would have been truly precedent           issue and if you will direct your Sec-
 more importantly, the outright direc-         setting, has now been changed; and in a         retary of Agriculture to get on with
 tion of the effort to form new public         temporary setting, Assistant Secretary          the business of bringing leadership sta-
 policy that would significantly change       Lyons has named Dave Unger as the                bility to the U.S. Forest Service. Those
 the way western public land States are        Acting Chief. He is a member of the             criticisms will go away, and you will
 able to deal with the economies of           Senior Executive Service, is an impres-         have a Western group of Senators who
 those States as it relates to public land    sive person and has an excellent re-            will say, "Yes. Mr. President, we will
 resources.                                   sume. But I notice that this is not per-        work with you in solving these prob-
   Am I talking about the grazing fee         manent, this is only acting.                    lems because you are now approaching
 battle? Yes, I am. But that is only a            Why should it not be permanent?             them in a balanced fashion."
 symbol now of what appears to be a           Why does this agency not deserve to                That is the issue that we have to deal
 growing and much broader effort on           have permanent people in place manag-           with. If they cannot deal with it, then
 the part of this administration to sig-      ing it, giving it stability and direction,      we will continue to fight as we must
 nificantly change public policy. And it      and not a temporary? They have had a            fight for those who we represent in our
 will significantly change the West, the      freeze in place in the U.S. Forest Serv-        Western States. That is our charge and
 economy of the West, the small com-          ice now ever since this President came          our responsibility.
munities of the West, and the liveli-         to town, and it has recreated great                I yield back the remainder of my
hoods of people who, for three or four        frustration. Seventy Forest Super-              time.
generations, have depended upon rea-          visors-70 of the top management peo-               The PRESIDING OFFICER. The Sen-
sonable and responsible access under          ple of the U.S. Forest Service-last             ator from Mississippi [Mr. LOTT] is rec-
public policy directed by this Senate        week, sent a letter to this President,           ognized.
and this Congress and this Government         Secretary Espy, Assistant Secretary                Mr. LOTT. Mr. President, I ask unan-
to those public land resources.              Lyons, and said, "We disagree with               imous consent to proceed as if in morn-
   Let me give you an example of what        your approach. We ask you to do it dif-          ing business.
I am talking about. Last week, Assist-       ferently. We ask you not to politicize              The PRESIDING OFFICER. Without
ant Secretary of Agriculture Jim             it." To my knowledge, that has not               objection, it is so ordered.
Lyons announced the reassignment of          quite been done yet. Senator MARK
Forest Service Chief Dale Robertson          HATFIELD, myself, Senator WALLOP,
and Associate Chief George Leonard           and Senator BURNS sent a letter to the                     CRIME IN AMERICA
out of the Forest Service and into a         chief of the Forest Service last week               Mr. LOTT. Mr. President, when I go
USDA position. What am I talking             expressing similar concerns.                     home to my State of Mississippi-and I
about? I am talking about the firing of          So when the Republican leader, Sen-          know this is true for many of my col-
the Chief of the U.S. Forest Service.        ator DOLE, speaks about Western Sen-             leagues-I get a few questions about
That is what the term "reassignment"         ators who are increasingly alarmed               the North American Free-Trade Agree-
means. It is called a 60-day temporary       that this administration will not listen         ment, but not a lot. I get some expres-
reassignment, move you over here, and        to what is important balanced policy,            sions of concern about the health care
you are out.                                 that does not destroy small commu-               legislation and questions about how in-
  Why is this to be talked about, Mr.        nities in our Western States, that does          dividuals can deal with their health
President? Because this is the first         not reflect continued policy to take             care problems of cost and access.
   59-059 0-97 Vol. 139(Pt. 19) 10
 27206                                    CONGRESSIONAL RECORD-SENATE                                          November 3, 1993
      From those living in rural areas, I       gress has been aimed at protecting                When police officers act in good
  get a few questions about issues that         criminals' rights, with very little at-       faith, we should use that evidence, and
  we are debating here on the floor of the      tention given to the rights of victims-       we should convict people of the crimes
  Senate. But no issue seems to me to be        how we can help them and repay them           with that evidence.
  of greater concern to people and grow-        for the crimes that have been per-                Law enforcement people make mis-
  ing worry to people than crime in             petrated on them-and the rights of so-         takes, and there should be protections.
  America-violent         crime,   juvenile     ciety.                                        That is what the courts are for. But to
  crime, drug-related crime. That is a             We have a judicial system that for         automatically exclude evidence when
 major concern.                                 years has made it more and more dif-          police are acting in good faith and good
      People in America are afraid to walk      ficult for us to put people in jail and       judgment is a serious mistake.
 on the streets of our country now.             punish the criminals. They quite often            A lot of emphasis is placed on crime
 They lock themselves in their houses           were turned out on the streets, and all       in the cities. We talk about police on
 with multiple locks and bars on their          of the emphasis was on how to protect         the streets. What about the rural
 windows. They are scared to death.             the criminals' rights. It is time to stop     areas? There are no policemen in the
     If you just listen to the news media,      that, and we have a chance to do it this      rural areas. Yet, now we have growing
 you think, well, this is only in the big      year.                                          crime in rural areas. We have growing
 cities; it is in Washington, DC, where            We saw in the elections just yester-       drug abuse problems. We have clandes-
 we have had over 382 people murdered          day all across the country that crime          tine drug labs in these rural areas. We
 in this year, or maybe New York or Los        is a big issue. People are worried about       need to talk more about making sure
 Angeles, someplace like that. No. It is       it. And they expect us to take some ac-        that law enforcement is available to
 not just in the big cities. It is every-      tions now to help deal with this prob-        the rural areas in this country.
 where. It is in my State of Mississippi.      lem at the State and local levels.                I do not think that we should allow
     We now have gang problems in Mis-             Many among the national news              death-row criminals to abuse our judi-
 sissippi in some towns. We have drive-        media and our colleagues here in the          cial system by filing endless appeals.
 by shootings on the streets and high-         Senate quite often say the way to con-        And that is in this legislation we are
 ways in the Jackson, MS, area. We had         trol crime is gun control. That Is not        going to be considering; habeas corpus,
 a student killed at Philadelphia, MS, a       the answer. The answer is certain and         the lawyers call it. To the men and
 week or two ago. It is everywhere.            swift punishment for criminals and a          women in the street, all they know is
    In my opinion, it is one of the, if not    little attention to the rights of the vic-    people are convicted, sentenced to exe-
 the most, important issues we face in         tims.                                         cution-many times-and the appeals
 America today.                                   There are some good features in this       go on for years and years and years.
    The people want us to do more. They        legislation we are going to be consider-          I have already heard Senators stand
 want the Federal Government to do             ing. I hope that after a lot of thought,      up here today and cite horrible exam-
 more.                                         debate, and some amendments, we can           ples, and there are so many of them.
    Now, the question is, What can the         come together on a crime package that         Every one of us knows of some heinous
 Federal Government do that will really        will really address the problems we           crime-some murder, some despicable
 help fight crime on the streets and the       have in America. But we have a long           act by a criminal. The criminal may go
 byways of this country? That is an im-        way to go.                                    to trial, may get out, may be convicted
 portant question and one we are going            I believe that if you commit a crime,      and sentenced, and years and millions
 to be trying to answer here as we take        you should do the time, hard time. The        of dollars then are spent trying to
up this legislation, S. 1607, the Violent      surety of punishment is absolutely es-        avoid the punishment that had been
Crime Control and Law Enforcement              sential. I think that mandatory mini-         imposed.
Act, and other legislation, like the           mum sentences for violent crimes                 We should limit and narrow the ap-
very important legislation that Sen-          make good sense. Yet, in the legisla-          peals, not continue to expand them.
ator HATCH, of Utah, has proposed.             tion that has been brought to the floor       And expansion is what you have in this
    I know that the problems of crime          of the Senate, there is an effort to          Biden legislation, as I understand it.
are going to have to be solved, for the       begin to minimize or do away with                 I do think we should provide more as-
most part, in the family and in the           mandatory minimum sentences. Judges            sistance for our local law enforcement
local community, with individuals get-        do not necessarily like them. They say         people. But I do not think one more po-
ting involved in the towns, cities,           mandatory minimums tie their hands             lice officer on each beat in America is
counties, and States of America and           and make it more difficult for them to         going to solve the problem. It is some-
supporting law enforcement.                   do the job.                                   thing we can do. It is something we can
    There are fundamental        problems        But I think that for certain identifi-     agree on. We need to provide more as-
here, including the breakup of the fam-       able, specific, heinous felonies, manda-      sistance to local law enforcement peo-
ily. There are all kinds of excuses or        tory minimum sentences are supported          ple, but we should not kid ourselves
explanations. But what we have to find        by the American people. I was just            that is going to stop the problem.
are some answers as to how we deal            looking at some polling information               We should have more prisons-more
with this problem.                            this week that showed 60 to 70 percent        Federal prisons and regional prison fa-
   The answer is not just adding police-      of the people think we should have            cilities. We have been talking about it
men on the streets, although they obvi-       definite mandatory minimum sen-               for years, yet it does not happen.
ously need more help. The answers are         tences for certain crimes.                    Judges and other officials are turning
with the individuals in America. But             Also, I think we should not tie the        criminals back out on the streets be-
the Federal Government can and                hands of our law enforcement officers         cause they do not have a place to put
should have an important role in try-         when they are acting in good faith. The       them.
ing to help solve these problems.             so-called exclusionary rule-I do not             These repeat offenders that go into
   It seems, since I have been in Con-        want to get into fancy legalistic             jail for a little while and get back out
gress-16 years in the House and now 5         terms-simply        means     that  police    are the ones committing about 70 per-
years in the Senate-that we do this           should be able to search and seize            cent of the crimes in America. We have
just about every 2 or 3 years. We take        items that can be used in evidence if         to have the facilities to house these
a run at it. We produce a little some-        they have just cause and reason to be-        people for their full sentences, because
thing. It does not seem to make much          lieve there is something to be found.         they are robbing and brutalizing the
difference.                                   There are others who think that is a          American people.
   Far too often, in my opinion, we have      technicality, and we should let crimi-           We have all these military installa-
gone in the wrong direction. Far too          nals out if we do not have exact com-         tions we say we are going to close. We
often, legislation coming out of Con-         pliance with the rules.                       talk about conversion from military

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