[Congressional Record Volume 141, Number 158 (Thursday, October 12, 1995)]
[Senate]
[Pages S15075-S15076]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




[[Page S 15075]]


     COMMERCE, JUSTICE, STATE, THE JUDICIARY, AND RELATED AGENCIES 
           APPROPRIATIONS, FISCAL YEAR 1996--OCTOBER 12, 1995

  Mr. BINGAMAN. Mr. President, although the bill has already passed the 
Senate, I want to state my strong opposition to H.R. 2076, the fiscal 
year 1996 appropriations for the Departments of Commerce, State, 
Judiciary, and related agencies.
  Mr. President, I believe that H.R. 2076 is the epitome of the 
shortsightedness of the 104th Congress. H.R. 2076 leaves our country at 
a disadvantage internationally and it significantly eliminates the past 
emphasis of fighting crime through prevention programs. I am encouraged 
that the final Senate version of the bill is different from what 
emerged from the appropriations committee. Some of the programs that 
have been reinstated or have had the appropriations increased are 
beginning to make serious inroads into the problem of crime in our 
communities.
  I would like to first address the programs that are important to New 
Mexicans and that I hope will emerge from conference unscathed. These 
specific programs are or have the potential of being very successful if 
given a chance.


                              cops program

  The first program that has proven to be successful is the Community 
Oriented Policing Services program, otherwise known as COPS. In 1 year, 
since the program's inception, New Mexico has received more than 180 
officers from the COPS Program. All parts of New Mexico have been 
awarded officer positions. From the Aztec Police Department in the 
north and Sunland Park in the south, to Quay County in the east and 
Laguna Pueblo in the west, all have felt the impact of this program.
  The COPS Program is different from the block grant proposal that was 
in the committee version because it emphasizes the concept of community 
policing. It gets officers out into the community preventing crimes 
rather than reacting to crimes once they have been committed.
  Mr. President, I am encouraged that the Senate stripped out the 
language that provided a $1.7 billion block grant for communities. From 
my understanding, the block grant money could be used to hire 
secretaries, buy a radar gun, or buy a floodlight for a local jail. The 
law enforcement community is against this broad approach. The sentiment 
is best summed up by Donald L. Cahill, the chairman of the national 
legislative committee for the Fraternal Order of Police, who testified 
before the Senate Judiciary Committee in February on the block grant 
type proposal. He stated:

       This broader category opens the door to using these funds 
     for numerous purposes other than hiring police officers--such 
     as hiring prosecutors or judges, buying equipment, lighting 
     streets, or whatever. These are all worthwhile--but they 
     won't arrest a single criminal.

  The bottom line is to place more officers on the street and the COPS 
Program has proven to be successful. That is why the Fraternal Order of 
Police, the National Sheriffs' Association, and the National Troopers' 
Coalition support the COPS Program.
  To quote Mr. Cahill again: ``Police are the answer for today and 
prevention is the answer for tomorrow.''


                          drug courts program

  Mr. President, I am also encouraged that the Senate adopted Senator 
Biden's amendment that reinstated the drug court concept. In Las 
Cruces, NM, we have a drug court that receives State funding. If given 
a chance to receive Federal funding, this program could be expanded or 
used as a model for other drug courts throughout the State. This 
program has shown to be an innovative way to lower dramatically 
recidivism rates among those with alcohol problems. The focused 
treatment program includes frequent drug testing, judicial and 
probation supervision, drug counseling, detoxification treatment, and 
educational opportunities. Participants in the program who do not 
finish are prosecuted to the full extent of the law.
  The Las Cruces drug court demonstrates true partnership with the 
community. It works in conjunction with five other agencies from the 
community: Partners for Prevention, Southwest Counseling Service, 
Southern New Mexico Human Development, N.M. State University Criminal 
Justice Department, and Dona Ana Branch Community College. The Drug 
Court Program specifically attacks a problem which has become national 
in scope. If this program is eliminated in conference, the Congress in 
essence is saying that it washes its hands of this matter.


                         violence against women

  I am encouraged that the Senate has retained the Violence Against 
Women Act. By doing so, the Senate is stating that this program does 
address an issue that has become national in scope and it is a 
priority. I am also encouraged that the Senate today overwhelmingly 
adopted an amendment by my friend and colleague from Delaware, Senator 
Biden, that restores funding for the Violence Against Women Act at the 
level requested by the administration.
  If given the resources, this act has the potential to demonstrate 
that the Federal Government can make a real difference when dealing 
with violence against women. Through prosecution, outreach, and 
education, the Federal Government has assumed the responsibility of a 
full partner in this cause.


                commerce, justice, state appropriations

  I find myself unable to support the final version of the Commerce, 
Justice, State appropriations bill because when the dust finally 
settled on the structure of the bill, it became clear that the 
interests of the Nation were not going to be served by its passage.
  We should not envision our attempts to achieve a balanced budget as 
just a slash and burn process. We need to bias our spending toward 
those projects that produce real growth in our economy. Growth 
generates jobs, better incomes, a higher standard of living for our 
citizens, and helps to minimize the role of Government in the economy 
by helping to empower workers and businesses to thrive in a global 
trading environment rather than to be wards of the State. The wards of 
the State that we are rewarding this year are those contractors winning 
the 129 military construction projects valued at $795 million above the 
President's request in the Defense appropriations bill. This spending 
was not in the national interest and is all too typical of the sloth 
and waste that has been part of our Nation's appropriations process for 
years. Do not fool yourselves. Nothing in this process has changed.
  What we are failing to do in the Commerce, Justice, State 
appropriations bill is to leverage the tremendous entrepreneurial 
business energy in our Nation by partnering with it Federal support to 
do the things that the private sector cannot or will not do on its own. 
This bill guts the National Institute of Standards and Technology 
[NIST] which sets standards and develops measurement systems for 
machine tools as well as componentry in our most advanced high-
technology industries. It has been NIST that has overseen the important 
Malcolm Baldrige Award which has helped encourage and inspire American 
industry to reach higher levels of performance and quality. The 
Manufacturing Extension Program and Advanced Technology Program [ATP] 
are both cut back in this bill, particularly ATP which is practically 
shut down. It is these programs that have helped us move technologies 
primarily caught in national laboratories and our defense technology 
base out into the commercial sector. While Japan is redoubling its 
efforts and investing heavily in miniaturization and subatomic level 
processing, the United States cannot afford to forego efforts in 
linking our private sector and our national laboratories.
  Other programs that are critical to the economic security of the 
Nation and either are eliminated or drastically cut back are the 
International Trade Administration; Bureau of Export Administration; as 
already mentioned, NIST; the Economic Development Agency; the National 
Telecommunications and Information Administration; and the Minority 
Business Development Agency.
  I am not opposed to restructuring what our Government does, and I am 
not opposed either to scaling back Government. I am, however, committed 
to economic growth and think that we must set tough standards by which 
to measure the need for and role of Government in our economic 
activities. There is such a role. The invisible hand that so often we 
hear about is only 

[[Page S 15076]]
there to strangle us if we do not understand what the invisible hand 
responds to and what it does not.
  As I have mentioned before on the floor of this Chamber, I would 
recommend that those who frequently call on the ghost of Adam Smith and 
subscribe to the prescriptions of the invisible hand pull from their 
shelves a copy of ``Wealth of Nations.'' Dust it off and give it 
another good read. Smith clearly outlines the role of Government, a 
perspective with which I would agree.
  He states that first, the State has a ``night watchman function,'' to 
see to the safety and security of its citizens. He argues that the 
State must educate its labor force--something that we do poorly in this 
Nation. He continues that the State must build the infrastructure on 
which commerce depends; that it must build roads, canals, bridges; and 
in the modern context, airports, the national information 
infrastructure, basic research laboratories, and export assistance 
offices. The Government must pay for itself and must therefore tax and 
charge for its services. And the Government must support development of 
those technologies that are not at first easily commercializable--in 
his day, shipbuilding, and in ours, nuclear energy. Adam Smith himself 
outlines these as the indispensable functions of Government, of 
minimalist Government, and leaves the rest to be fixed by the market.
  Those of us who are tasked with the responsibilities of writing 
budgets and voting on them cannot neglect the indispensable roles that 
Government does have. But I believe that the theologies driving recent 
Republican budgets have neglected these roles. And we must revisit this 
effort knowing that while we must cut our budget deficit, we must also 
promote high-end economic growth which creates high wage jobs and a 
better standard of living for our citizens. And enmeshed as we are in a 
global economy, we have to export more and erase the chronic deficits 
that represent real job-leakage from our economy.
  I look forward to voting in favor of a Commerce, Justice, State 
appropriations bill that cuts back unproductive investments that the 
government makes in favor of those that address the welfare of our 
Nation, now and into the future. But I am afraid that this bill does 
not help to secure the welfare of our citizens.
  In closing Mr. President, I am disappointed at this legislation as it 
was presented to the Senate. I am happy that we have been able to make 
some changes to the more misguided portions of the bill and I am also 
glad that the managers have agreed to accept amendments I intended to 
offer to the bill. However, I cannot support a bill that takes our 
Nation back in time and dismantles programs upon which we should be 
basing our future.

                          ____________________