[Congressional Record Volume 140, Number 51 (Tuesday, May 3, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[Congressional Record: May 3, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
         VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994

                                 ______


                               speech of

                           HON. BILL McCOLLUM

                               of florida

                    in the house of representatives

                        Thursday, April 21, 1994

  Mr. McCOLLUM. Mr. Chairman, during the House floor debate of the 
Violent Crime Control and Law Enforcement Act, H.R. 4092, I referred to 
several letters that were submitted regarding title VI and title IX of 
the crime bill. I want to thank the individuals and organizations that 
worked so diligently to provide guidance to Members of the House of 
Representatives during consideration of these important titles. Also, I 
would like to submit one letter in particular, that from the American 
Legislative Exchange Council [ALEC] to the Record.
  I would also like to add that not only did I receive correspondence 
from ALEC on behalf of my truth in sentencing prison amendment which I 
offered in substitute for title VI of the crime bill, I also drew 
letters of support from: the National Troopers Coalition, Governor 
Allen, and John Walsh of America's most wanted.
  Further, Mr. Chairman, I received letters from the following 
organizations in opposition to title IX, the Racial Justice Act, and in 
support of my amendment to substitute the Equal Justice Act for the 
Racial Justice Act: the National District Attorney's Association, 32 
bipartisan State attorneys general; the National Troopers Coalition, 
the American Legislative Exchange Council; Hon. Michael Bowers, the 
attorney general of the State of Georgia, State attorney Lawson Lamar, 
the ninth judicial circuit of Florida, State attorney Norman Wolfinger, 
and the eighteenth judicial circuit of Florida.
                                              American Legislative


                                             Exchange Council,

                                   Washington, DC, April 19, 1994.
       Dear Member of Congress: The United States House of 
     Representatives is about to vote on H.R. 4092, the 1994 Crime 
     Bill. There are several provisions of this legislation which 
     cause significant concern for members of the American 
     Legislative Exchange Council (ALEC).
       As you may know, ALEC is the nation's largest, private, 
     bipartisan association of state legislators. We count as 
     members more than 2,500 Democratic and Republican lawmakers, 
     who, together, represent more than 63 million Americans 
     across all fifty states. Since 95 percent of all crime occurs 
     within the jurisdiction of the states, ALEC members represent 
     the front line in our collective work to control crime.
       Yesterday, ALECs officers, and more than 100 of our 
     members, wrote urging you to support significantly higher 
     authorization levels for prison construction as embodied in 
     amendments offered by Congressmen McCollum and Chapman 
     (letter attached). This remains the highest possible priority 
     for our members.
       However, there are additional provisions in the Crime Bill 
     which, if included in the final legislation, would so 
     undermine state crime control efforts that ALEC members would 
     be forced to urge you to vote against the entire Crime Bill 
     regardless of the authorization level for prison construction 
     and operations. These are the habeas corpus changes proposed 
     by Congressmen Don Edwards and Craig Washington and the so-
     called ``Racial Justice Act.''
       As currently written, these provisions of the Crime Bill 
     would:
       Relax rule governing habeas corpus petitions;
       Establish onerous new mandates on the states, including a 
     requirement that at least two lawyers be appointed to 
     represent defendants;
       Reverse several U.S. Supreme Court rulings which prohibit 
     most appeals based on developments in law subsequent to a 
     defendant's conviction;
       Expand the appeals process for defendant's facing the death 
     penalty; and
       Allow a convict facing capital punishment to use, in court, 
     statistics to demonstrate racial discrimination and thereby 
     prompt a judge to impose a lighter sentence, even if no 
     evidence is presented demonstrating that race was a factor in 
     his particular case.
       These changes would substantially weaken current law, lead 
     to virtually endless appeals, and effectively end the death 
     penalty in the 36 states that now have capital punishment.
       Several amendments will be offered concerning these 
     provisions of the Crime Bill, including those proposed by 
     Congressmen Butler Derrick, Henry Hyde and Bill McCollum.
       Although undoubtedly well-intentioned, the amendment 
     proposed by Congressman Derrick does not remedy the problems 
     raised by habeas language in the bill and would significantly 
     weaken current law. After careful study, our members join the 
     National District Attorney's Association in their conclusion 
     that a vote for the Derrick amendment is not habeas reform 
     but is a ``vote to end the death penalty.'' As a result, we 
     urge you to oppose the Derrick amendment.
       Our members are convinced that the only amendment which 
     ensures that habeas corpus defects in the Crime Bill are 
     remedied is that offered by Congressman Henry Hyde to strike 
     Title VIII. Similarly, we are convinced that the only 
     amendment offered to remove the ``racial justice'' provisions 
     is that offered by Congressman Bill McCollum to strike Title 
     IX and substitute the equal justice provision to the 
     exclusion of all other amendments. As a result, we urge you 
     to support the Hyde and McCollum amendments.
           Sincerely,
     Harold Brubaker,
                                                Representative, NC
                                           ALEC National Chairman.
     Samuel A. Brunelli,
                                          ALEC Executive Director.
       Attachment: ``Dear Colleague'' letter dated April 16, 1994.
                                              American Legislative


                                             Exchange Council,

                                   Washington, DC, April 16, 1994.
       Dear Colleague: The U.S. House of Representatives is about 
     to vote on H.R. 4092, the 1994 Crime Bill. One of the most 
     important provisions of that bill will give states the 
     resources to incarcerate more violent criminals.
       Unfortunately, the Bill as reported by the House Judiciary 
     Committee contains a provision sponsored by Congressman 
     William Hughes (D-NJ), which would apply inappropriate and 
     counterproductive conditions on the $3 billion proposed for 
     the states to construct and operate correctional facilities 
     and programs. Congressman Hughes has been given permission by 
     the House Rules Committee to offer an almost identical 
     amendment to the Judiciary Committee bill on the floor of the 
     House.
       Both the Hughes provision of the Crime Bill and the Hughes 
     Amendment are unacceptable to state legislators who are 
     leading our nation's war on crime.
       As structured, these provisions would require states to 
     submit a corrections plan to the U.S. Department of Justice 
     which must contain, among other things, diversion programs, 
     particularly drug diversion programs, community corrections 
     programs, and prisoner treatment programs. These provisions 
     unacceptably empower the U.S. Justice Department to intrude 
     on the operation of state correctional systems.
       Of even greater concern is the possibility that this $3 
     billion could be used entirely for such programs without 
     states building even one new prison bed for violent 
     offenders. As America's state legislators and the nations 
     front-line working for crime control, we know that more 
     diversion from prison will mean more crime.
       Alternative amendments to the Hughes corrections provisions 
     will be offered by Congressmen Bill McCollum (R-FL) and Jim 
     Chapman (D-TX). These amendments to the Crime Bill would 
     provide over three times as much funding or state corrections 
     facilities and programs which would enable the states to add 
     over 100,000 new prison beds for violent offenders. It has 
     been estimated that this additional capacity would allow for 
     the imprisonment of every serious violent offender over the 
     next ten years, preventing millions of violent crimes. 
     Nothing else in the Crime Bill comes close to promising these 
     kinds of significant crime control effects.
       As the nation's largest bipartisan, individual membership 
     group of state legislative leaders, we urge all Members of 
     Congress to vote to defeat the Hughes Amendment of H.R. 4092 
     and to vote for both the McCollum Amendment and the Chapman 
     Amendment, each of which provides $10 billion or more to 
     build prisons. Voting for both of these amendments will send 
     a clear signal to the House-Senate Conference that a $22 
     billion Crime Bill should provide no less than $10 billion to 
     do what the American people are demanding--get violent 
     criminals off our streets.
           Very truly yours,
     Harold J. Brubaker,
       National Chairman, NC.
     Ray Powers,
       1st Vice Chairman, CO.
     Jim Neal,
       2d Vice Chairman, DE.
     Dale Van Vyven,
       Treasurer, OH.
     Joseph Manchin, III,
       Secretary, WV.
     William J. Raggio,
       Immediate Past National Chairman, NV.

       Attachments: Additional signatories to the letter

                         Additional Signatories

                 (Original signatures on file at ALEC)

       Arkansas: Representative Bobby Hogue, Speaker Elect; 
     Representative James Dietz; Representative E. Ray Stalnaker.
       California: Senator Newton Russell.
       Colorado: Senator Ray Powers, Representative Bud 
     Moellenberg, Representative Ron May.
       Delaware: Senator Jim Neal, Representative V. George Carey.
       Georgia: Representative Kathy Ashe; Representative Earl 
     Ehrhart; Representative Tom Lawrence.
       Hawaii: Representative David Stegmaier.
       Idaho: Representative Bruce Newcomb, House Majority Leader; 
     Representative Donna Jones; Representative Celia Gould; 
     Senator Mary Hartung, Assistant Senate Majority Leader; 
     Representative Steve Antone.
       Indiana: Representative Samuel Turpin; Representative 
     Robert Behning; Senator Kent Adams.
       Kansas: Representative Kenney King; Representative Bob 
     Meade; Representative Jack Wempe; Senator Patricia Ranson; 
     Representative Susan Wagle; Representative Jo Ann Pottorff.
       Louisiana: Representative Donald Ray Kennard.
       Maryland: Delegate Ellen Sauerbrey, House Minority Leader; 
     Delegate Martha Klima.
       Maine: Senator Jane Amero.
       Michigan: Representative Carl Gnodtke; Senator Phil 
     Hoffman.
       Mississippi: Representative David Halbrook; Representative 
     Ted Foster; Representative Joe McElwaine; Senator Walter 
     Graham, President Pro Tem of the Senate; Senator Mike Gunn.
       Missouri: Representative Sandra Kauffman.
       Montana: Representative Steve Benedict; Senator Daryl 
     Toews; Representative Shiell Anderson.
       North Carolina: Representative Harold Brubaker, ALEC 
     National Chairman; Representative Michael Wilkens; 
     Representative Arlie Culp; Representative Nelson Cole; 
     Representative Frank Mitchell; Senator Robert Shaw.
       North Dakota: Representative Tom Freier, Assistant House 
     Majority Leader; Representative Mike Timm; Representative 
     John M. Dorso; Senator Meyer Kinnoin; Senator David Nething; 
     Representative Alan Carlson.
       New Hampshire: Representative Carl Johnson; Representative 
     Francis Riley; Representative Gary Daniels; Representative 
     George Wright; Representative Arthur Smith.
       New Jersey: Assemblywoman Clare Farragher.
       New Mexico: Representative Jerry Lee Alwin, Representative 
     George Buffett, Senator Leonard Rawson, Senator Joe Carraro, 
     Representative Earlene Roberts.
       Nevada: Senator William Raggio, Senate Majority Leader; 
     Assemblyman Pomroy Neighbors; Assemblywoman Kathy Augustine; 
     Assemblyman John Regan; Assemblyman Lynn Hetrick.
       New York: Senator Owen Johnson, Assemblyman Robert 
     Straniere.
       Ohio: Representative Dale Van Vyven.
       Oklahoma: Senator Ben Robinson.
       Oregon: Representative Carolyn Oakley, House Majority Whip.
       Pennsylvania: Representative James Merry, Representative 
     Don Snyder, Representative Jess Stairs, Representative George 
     Saurman, Senator Charles Lemmond, Representative Paul Semmel.
       South Dakota: Representative Della Wishard, Representative 
     Cheryl Madden.
       Texas: Representative Mary Denny, Representative Nancy 
     Moffat, Representative David Swinford, Representative Warren 
     Chisum, Representative Ray Allen, Representative Jerry 
     Madden.
       Virginia: Senator Joseph Benedetti, Senate Minority Leader.
       Vermont: Senator Sarah Gear, Assistant Senate Majority 
     Leader; Representative Howard Crawford; Representative 
     William Cimonetti.
       Washington: Representative Mike Padden.
       Wisconsin: Representative Scott Jensen, Representative Mark 
     Green, Representative Susan Vergeront, Representative Daniel 
     Vrakas, Representative Judy Klusman.
       West Virginia: Senator Joe Manchin III, Senator Leonard 
     Anderson.
       Wyoming: Representative Rick Tempest, Representative Glenda 
     Stark, Representative Patricia Neagle.

                          ____________________