[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.
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