[Congressional Record Volume 140, Number 111 (Thursday, August 11, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 11, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                DEPARTMENT OF DEFENSE APPROPRIATIONS ACT

  The Senate continued with the consideration of the bill.
  Mr. INOUYE. Madam President, I ask unanimous consent that the pending 
amendment be set aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 2495

   (Purpose: To express the sense of the Senate concerning Lowry AFB)

  Mr. INOUYE. Madam President, I call up Amendment No. 2495, the Brown-
Campbell amendment.
  The PRESIDING OFFICER. The clerk will report the amendment.
  Mr. LOTT. Madam President, reserving the right to object, a 
parliamentary inquiry.
  The PRESIDING OFFICER. The Senator will state it.
  Mr. LOTT. Madam President, what is the situation here, now? The 
pending amendment is set aside; is that correct?
  Mr. INOUYE. Temporarily set aside, yes.
  Mr. LOTT. Do we know when we might get back? I am just inquiring so I 
know when we will get a vote.
  Mr. INOUYE. In 1 minute.
  Mr. LOTT. Thank you, Madam President.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Hawaii [Mr. Inouye], for Mr. Brown, for 
     himself and Mr. Campbell, proposes an amendment numbered 
     2495.

  Mr. INOUYE. Madam President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the appropriate place in the bill, add the following new 
     section--

     SEC.   . SENSE OF THE SENATE CONCERNING LOWRY AFB.

       It is the sense of the Senate that--
       (a) in issuing any lease, permit or deed of conveyance for 
     use to assist the homeless under the Stewart B. McKinney 
     Assistance Act concerning Lowry Air Force Base, Colorado, the 
     Secretary of Health and Human Services, representatives of 
     the city of Denver, Colorado, representatives of the City of 
     Aurora, Colorado and representatives of homeless providers 
     whose applications have been approved by the Secretary of 
     Health and Human Services should jointly determine that such 
     use is reasonable under the redevelopment plan for Lowry Air 
     Force Base, Colorado; and
       (b) the Department of Defense and the Department of Health 
     and Human Services, in coordination with the appropriate 
     committees of Congress and appropriate state and local 
     authorities, should develop a reform proposal to address the 
     many difficulties created for local communities by existing 
     laws relating to the loan, lease or conveyance for use of 
     government property during the base closure process.

  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 2495) was agreed to.
  Mr. HATCH. Madam President, I move to reconsider the vote.
  Mr. INOUYE. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2541

  (Purpose: To provide protection against sexually violent predators)

  Mr. INOUYE. Madam President, I ask that we consider Amendment No. 
2541.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Hawaii [Mr. Inouye], for Mr. Dole, 
     proposes an amendment numbered 2541.

  Mr. INOUYE. Madam President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:
       Strike all after the enacting clause, and insert the 
     following:

     SECTION. 1. SHORT TITLE.

       This Act may be cited as the ``Megan Kanka Sexually Violent 
     Predators Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) there exists a small but extremely dangerous group of 
     sexually violent persons who do not have a mental disease or 
     defect;
       (2) persons who are sexually violent predators generally 
     have antisocial personality features that--
       (A) are not amenable to mental illness treatment modalities 
     in existence on the date of enactment of this Act; and
       (B) render the persons likely to engage in sexually violent 
     behavior;
       (3) the likelihood that sexually violent predators will 
     repeat acts of predatory sexual violence is high; and
       (4) the prognosis for curing sexually violent predators is 
     poor and the treatment needs of the population of the 
     predators are very long-term.

     SEC. 3. DEFINITIONS.

       As used in this Act:
       (1) Mental abnormality.--The term ``mental abnormality'' 
     means a congenital or acquired condition of a person that 
     affects the emotional or volitional capacity of the person in 
     a manner that predisposes the person to the commission of 
     criminal sexual acts to a degree that makes the person a 
     menace to the health and safety of other persons.
       (2) Predatory.--The term ``predatory'', with respect to an 
     act, means an act directed towards a stranger, or a person 
     with whom a relationship has been established or promoted, 
     for the primary purpose of victimization.
       (3) Sexually violent offense.--The term ``sexually violent 
     offense'' means an act that is a violation of title 18, 
     United States Code or State criminal code that--
       (A) involves the use or attempted or threatened use of 
     physical force against the person or property of another 
     person; and
       (B) is determined beyond a reasonable doubt to be sexually 
     motivated.
       (4) Sexually violent predator.--The term ``sexually violent 
     predator'' means a person who has been convicted of a 
     sexually violent offense and who suffers from a mental 
     abnormality or personality disorder that makes the person 
     likely to engage in predatory sexually violent offenses.

     SEC. 4. ESTABLISHMENT OF PROGRAM.

       (a) In General.--
       (1) State guidelines.--In accordance with this section, the 
     Attorney General shall establish guidelines for State 
     programs to require a sexually violent predator to register a 
     current address with a designated State law enforcement 
     agency upon release from prison, being placed on parole, or 
     being placed on supervised release. The Attorney General 
     shall approve each State program that complies with the 
     guidelines.
       (2) State compliance.--
       (A) Implementation date.--A State that does not implement a 
     program described in paragraph (1) by the date that is 3 
     years after the date of enactment of this Act, and maintain 
     the implementation thereafter, shall be ineligible for funds 
     in accordance with subparagraph (B).
       (B) Ineligibility for funds.--
       (i) In general.--A State that does not implement the 
     program as described in subparagraph (A) shall not receive 10 
     percent of the funds that would otherwise be allocated to the 
     State under section 506 of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3756).
       (ii) Reallocation of funds.--Funds made available under 
     clause (i) shall be reallocated, in accordance with such 
     section, to such States as implement the program as described 
     in subparagraph (A).
       (b) Registration Requirement Upon Release, Parole, or 
     Supervised Release.--
       (1) In general.--An approved State program established in 
     accordance with this section shall contain the requirements 
     described in this section.
       (2) Determination.--The determination that a person is a 
     ``sexually violent predator'' and the determination that a 
     person is no longer a ``sexually violent predator'' shall be 
     made by the sentencing court after receiving a report by a 
     board of experts on sexual offenses. Each State shall 
     establish a board composed of experts in the field of the 
     behavior and treatment of sexual offenders.
       (3) Notification.--If a person who is required to register 
     under this section is anticipated to be released from prison, 
     paroled, or placed on supervised release, a State prison 
     officer shall, not later than 90 days before the anticipated 
     date of the release or commencement of the parole--
       (A) inform the person of the duty to register;
       (B) inform the person that if the person changes residence 
     address, the person shall give the new address to a 
     designated State law enforcement agency in writing not later 
     than 10 days after the change of address;
       (C) obtain the name of the person, identifying factors, 
     anticipated future residence, offense history, and 
     documentation of any treatment received for the mental 
     abnormality or personality disorder of the person; and
       (D) require the person to read and sign a form stating that 
     the duty of the person to register under this section has 
     been explained.
       (4) Transfer of information to state and the fbi.--Not 
     later than 3 days after the receipt of the information 
     described in paragraph (3)(C), the officer shall forward the 
     information to a designated State law enforcement agency. As 
     soon as practicable after the receipt of the information by 
     the State law enforcement agency, the agency shall--
       (A) enter the information into the appropriate State law 
     enforcement record system and notify the appropriate law 
     enforcement agency that has jurisdiction over the area in 
     which the person expects to reside; and
       (B) transmit the information to the Identification Division 
     of the Federal Bureau of Investigation.
       (5) Quarterly verification.--
       (A) Mailing to person.--Not less than every 90 days after 
     the date of the release or commencement of parole of a person 
     required to register under this section, the designated State 
     law enforcement agency shall mail a nonforwardable 
     verification form to the last reported address of the person.
       (B) Return of verification form.--
       (i) In general.--The person shall return, by mail, the 
     verification form to the agency not later than 10 days after 
     the receipt of the form. The verification form shall be 
     signed by the person, and shall state that the person 
     continues to reside at the address last reported to the 
     designated State law enforcement agency.
       (ii) Failure to return.--If the person fails to mail the 
     verification form to the designated State law enforcement 
     agency by the date that is 10 days after the receipt of the 
     form by the person, the person shall be in violation of this 
     section unless the person proves that the person has not 
     changed the residence address of the person.
       (6) Notification of local law enforcement agencies of 
     changes in addresses.--Any change of address by a person 
     required to register under this section that is reported to 
     the designated State law enforcement agency shall as soon as 
     practicable be reported to the appropriate law enforcement 
     agency that has jurisdiction over the area in which the 
     person is residing.
       (7) Penalty.--A person required to register under a State 
     program established pursuant to this section who knowingly 
     fails to register and keep the registration current shall be 
     subject to criminal penalties in the State. It is the sense 
     of Congress that the penalties should include imprisonment 
     for not less than 180 days.
       (8) Termination of obligation to register.--The obligation 
     of a person to register under this section shall terminate on 
     a determination made in accordance with the provision of 
     paragraph (2) of this section that the person no longer 
     suffers from a mental abnormality or personality disorder 
     that would make the person likely to engage in a predatory 
     sexually violent offense.
       (c) Community Notification.--The designated State law 
     enforcement agency shall release relevant information that is 
     necessary to protect the public concerning a specific 
     sexually violent predator required to register under this 
     section.
       (d) Immunity for Good Faith Conduct.--Law enforcement 
     agencies, employees of law enforcement agencies, and State 
     officials shall be immune from liability for any good faith 
     conduct under this section.
  Mr. INOUYE. Madam President, the managers have considered this 
amendment. We approve it.
  The PRESIDING OFFICER. Is there further debate?
  If not, the question is on agreeing to the amendment.
  The amendment (No. 2541) was agreed to.
  Mr. INOUYE. Madam President, I move to reconsider the vote.
  Mr. HATCH. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2549

   (Purpose: To prohibit fiscal year 1994 and fiscal year 1995 funds 
appropriated for the Joint Primary Aircraft Training System from being 
                      used for any other purpose)

  Mr. INOUYE. Madam President, I ask that we consider amendment No. 
2549.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Hawaii [Mr. Inouye] for Mr. Dole, proposes 
     an amendment numbered 2549.

  Mr. INOUYE. Madam President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the appropriate place insert the following new section:

     SEC.   . PROHIBITION ON THE USE OF FUNDS.

       (a) Requirement.--None of the funds appropriated for Fiscal 
     Year 1994 or Fiscal Year 1995 for the Joint Primary Aircraft 
     Training System shall be obligated or expended for any other 
     purpose.


                    amendment no. 2549, as modified

  Mr. INOUYE. Madam President, I send to the desk a modification.
  The PRESIDING OFFICER. The amendment is so modified.
  So the amendment (No. 2549), as modified, is as follows:

       At the appropriate place, insert the following:
       Sec.   . (a) Of the funds appropriated under the heading 
     ``Research, Development, Test and Evaluation, Navy'' in title 
     IV of this Act, $3,900,000 shall be made available only for 
     the Joint Primary Aircraft Training System (JPATS) program.
       (b) Of the funds appropriated under the heading ``Research, 
     Development, Test and Evaluation, Air Force'' in title IV of 
     this Act, $37,057,000 shall be made available only for the 
     JPATS program.
       (c) Of the funds appropriated under the heading ``Aircraft 
     Procurement, Air Force'' in title III of this Act, 
     $78,265,000 shall be made available only for the JPATS 
     program.
  Mr. INOUYE. Madam President, the amendment as modified meets our 
requirements. We have no objection to the amendment.
  The PRESIDING OFFICER. If there is no further debate, the question is 
on agreeing to the amendment, as modified.
  So the amendment (No. 2549), as modified, was agreed to.
  Mr. INOUYE. Madam President, I move to reconsider the vote.
  Mr. EXON. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The Senator from Nebraska.


                           Amendment No. 2479

  Mr. NUNN. Madam President, I yield to the Senator from Nebraska 4 
minutes.
  Mr. EXON. I thank the Chair and I thank my friend from Georgia.
  Madam President, we have been over and over and over this Bosnian 
thing so many times that I think the Senate is getting weary of it. But 
I certainly agree it is a vital issue.
  Last Friday, the Senator from Nebraska came down to the floor when 
the amendment was offered once again in a different form by Senator 
Dole and Senator Lieberman, and we had a long discussion on it.
  I cited at that time and will not take the time to recite it again 
today my concern. I was delighted that Senator Dole and Senator 
Lieberman had changed their amendment dramatically to have the 
effective date of lifting the embargo unilaterally on November 15, and 
I asked to be a cosponsor and I am a cosponsor.
  Subsequent to that time, Senator Nunn, Senator Graham, myself, and 
others, were in a very contentious conference with the House of 
Representatives on the Defense authorization bill.
  This was a key part of the compromise to get this worked out with the 
House of Representatives. I happen to feel that the matter written 
basically in advance by the chairman of the Armed Services Committee is 
a proper way to go. I had suggested and I had hoped that the Dole-
Lieberman amendment, of which I am a cosponsor, would be temporarily 
laid aside until we come back in September, because the effective date 
of the Dole-Lieberman amendment is not until November 15.
  I have met on several occasions with people involved in this, 
including the minister of Defense of Great Britain and the Minister of 
Defense of France, and others.
  I happen to feel that what has been worked out and what is being 
offered today by the chairman of the Armed Services Committee is a 
correct way to go, the expeditious way to go, the reasonable way to go 
right now.
  Therefore, I hope that the Senate will support the amendment offered 
by the chairman of the Armed Services Committee, and because of the 
timing of the amendment, I would think that we would defeat the Dole-
Lieberman amendment and revisit that if necessary in September.
  I reserve the remainder of my time, and I yield the floor.
  The PRESIDING OFFICER. The Senator from Utah.
  Mr. HATCH. Madam President, I would like for make a couple of 
statements on the crime bill which was defeated in the House. I will 
not take long.
  The PRESIDING OFFICER. Who yields time?
  The Senator from Utah needs consent. The time is controlled.
  Mr. HATCH. Madam President, I ask unanimous consent that I be given 5 
minutes to make a statement on the crime bill.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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