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
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
: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-
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
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?"
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
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-
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