[Congressional Record Volume 141, Number 188 (Tuesday, November 28, 1995)]
[Senate]
[Pages S17666-S17669]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DORGAN:
  S. 1427. A bill to improve the national crime database and create a 
Federal cause of action for early release of violent felons; to the 
Committee on the Judiciary.


               THE VIOLENT CRIME INTERVENTION ACT OF 1995

  Mr. DORGAN. Mr. President, I rise today to introduce legislation that 
will fill the void in the Federal response to the Nation's crime 
epidemic by putting violent offenders in jail and keeping them there.
  Probably all of us have seen reference in the papers these days that 
crime is down. According to the statistics by the FBI, there is a 
slight decrease in crime in our country. That ought not give anyone 
great comfort, in my judgment, because the slight decrease comes from 
an extraordinarily high rate of crime in our country.
  A violent crime occurs every 17 seconds in America; a rape occurs 
every 5 minutes; a robbery, every 51 seconds; a murder every 23 
minutes.
  We have a country that is, presumably, a civilized nation full of 
wonderful people--with 23,000 murders every year. So no one should take 
great solace in the fact that the FBI or someone else says the crime 
rate is down slightly. It is at an extraordinarily high level, and 
represents an epidemic of crime that we must deal with.
  Crime no longer is limited to specific neighborhoods, cities, or 
States. It is a national epidemic, and the criminal justice system of 
each State often affects citizens of other states. My legislation, the 
Violent Crime Intervention Act of 1995, addresses two aspects of this 
problem that on which the Federal Government must show leadership.
  First, the bill will make it a national priority to put into 
operation a complete, accurate, and up-to-date nationwide database of 
criminal records. Currently, the Federal Bureau of Investigation's 
interstate identification index--the triple-I--provides more than 
75,000 criminal record checks every day, but the information it 
provides is incomplete and, therefore, unreliable. In fact, only 30 
States currently participate in this system.
  The bill will help to complete a national database of violent 
criminals. Last year's crime bill appropriated $100 million for fiscal 
year 1995 to help states establish or improve their criminal databases 
under the Brady law. It also authorized another $50 million for this 
same purpose for fiscal years 1996 and 1997. Under my legislation, 
every State must set up a criminal record database within 2 years that 
is connected to the Triple-I and that provides accurate information 
about that State's criminals.
  States that do not comply with these provisions would not be shut off 
from using the Triple-I system. That could hurt law enforcement. 
However, they would have to pay a fee each time they use the system 
until they contribute their own complete and up-to-date records.
  It does not take Dick Tracy to figure out who is going to commit the 
next murder, or the next violent crime. You can almost bet that the 
next violent crime in America committed in the next 45 seconds or so 
will be committed by someone who has committed violent crimes in the 
past. You can almost guarantee it. That is why it is critical for us to 
know who has committed previous crimes.
  I will mention a personal story. My mother was a victim of a 
manslaughter incident some years ago. She was tragically killed in a 
circumstance in which those who were involved had criminal records. As 
I looked at those criminal records, I saw something curious. I saw that 
a judge with respect to one of the people involved had sentenced him to 
the State penitentiary once for a crime. He was picked up again when he 
was out on probation, was sent back to court--and the judge said, 
``Well, OK. On the second offense you get probation.''
  I called the judge. I said, ``Why would you give probation on a 
second offense?''
  He said, ``Because I did not know the person committed the first 
offense.''
  I said, ``You are kidding me. This defendant stands in front of you, 
a defendant who has been in State penitentiary, and you did not know 
that when you sentenced the defendant for the second offense?''
  He said, ``I had no idea.''
  Computer records even between jurisdictions in the same State were 
not then available to give the judge that basic information.
  It does not make any sense what is going on. Michael Jordan's father 
was murdered allegedly by two people on a road in the Carolinas. Take a 
look at their records. The two people who allegedly killed Michael 
Jordan's father--both of them--had long criminal histories. And I will 
bet, if you access the triple-I, you will not find half of their 
criminal histories.
  Second, my bill will provide a strong incentive for States to keep 
their violent criminals locked up for the criminal's full sentence. 
Last year's crime bill offered Federal crime-fighting funds to States 
that keep violent criminals locked up for at least 85 percent of their 
sentences. Surely we can do better than that.
  Under my legislation, a State will be liable to victims of violent 
crimes committed by criminals the State released early from a sentence 
for a previous violent crime. A State could avoid liability only if the 
State required all violent criminals to serve their full sentences.
  It occurred to me that we ought to do this because of a wonderful 
woman named Donna Martz who was murdered. She used to come to the 
Capitol steps and bring bus tours from North Dakota. I used to see her 
most every year and visit with her. She was murdered about 2 years ago 
by a couple of people who were convicted of violent crimes in 
Pennsylvania, and then they went to North Dakota, and abducted Donna 
Martz. The story is too violent 

[[Page S 17667]]
and awful even to retell. They took her through several States, and 
eventually brutally murdered her out in the desert of the West.
  My point is this. Someone who is convicted in the State for a violent 
crime ought to serve their entire sentence. If a State decides for its 
own reasons that this violent criminal shall be let out before a 
sentence is ended, then I think that the State ought to be liable to 
the next victim or to the next victim's family. If that violent 
criminal is let out early and commits another violent act during the 
time when they should have been in a prison, make the State liable for 
its decision. That is the second part of my legislation. Clearly, the 
States will not like this.
  States simply must keep known, violent offenders behind bars for 
their full sentence--or face the consequences of the State's decision 
to release these criminals. It is time for States to take 
responsibility for the horrible suffering and fear they can foster by 
prematurely releasing violent criminals.
  These issues are of national concern and we can deal with them if the 
Federal and State governments make a concerted effort to keep violent 
offenders behind bars for their full sentences.
  Mr. President, I ask unanimous consent that the text of my bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1427

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Violent Crime Intervention 
     Act of 1995''.

                TITLE I--NATIONAL CRIME RECORDS DATABASE

     SEC. 101. FINDINGS.

       The Congress finds that--
       (1) nationwide--
       (A) many State criminal record systems are not up to date 
     and contain incomplete or incorrect information; and
       (B) less than 20 percent of all criminal records are fully 
     computerized, include court dispositions, and are accessible 
     through the Interstate Identification Index of the Department 
     of Justice; and
       (2) a complete and accurate nationwide criminal record 
     database is an essential element in fighting crime and 
     development of such a database is a national priority.

     SEC. 102. STATE CRIMINAL RECORD UPGRADES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General of the United 
     States shall issue guidelines establishing specific 
     requirements for a State to qualify as a fully participating 
     member of the Interstate Identification Index.
       (b) Minimum Requirements.--The guidelines referred to in 
     subsection (a) shall require--
       (1) that all arrest reports and final disposition orders 
     are submitted to the State records repository within 7 days;
       (2) the State repository to enter these records and orders 
     into the State database not more than 24 hours after the 
     repository receives the information;
       (3) the State to conduct audits, at least annually, of 
     State criminal records to ensure that such records contain 
     correct and complete information about every felony arrest 
     and report the results of each audit to the Attorney General 
     of the United States;
       (4) the State to certify to the Attorney General of the 
     United States, on January 1 of each year, that the law 
     enforcement agencies, courts, and records officials of the 
     State are in compliance with this section; and
       (5) such other conditions as the Attorney General 
     determines are necessary.
       (c) Limitations on Use of Files.--The Attorney General may 
     establish limitations on the purposes for which the 
     Interstate Identification Index may be used and may allow a 
     State to prohibit the use of information provided by the 
     State for searches unrelated to law enforcement.
       (d) Fees.--A State that does not qualify as a fully 
     participating State, pursuant to the guidelines referred to 
     in subsection (a), within 2 years after the date on which the 
     Attorney General of the United States issues such 
     guidelines shall pay a user fee for each identification 
     request made to the Interstate Identification Index in an 
     amount equal to the average cost of a single Federal 
     database inquiry, as determined by the Attorney General 
     each year.

        TITLE II--LIABILITY FOR EARLY RELEASE OF VIOLENT FELONS

     SEC. 201. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds that--
       (1) violent criminals often serve only a small portion of 
     their original sentences;
       (2) a significant proportion of the most serious violent 
     crimes committed in the United States are committed by 
     criminals who have been released early from a sentence for a 
     previous violent crime;
       (3) violent criminals who are released early from prison 
     often travel to other States to commit additional violent 
     crimes;
       (4) the crime and threat of crime committed by violent 
     criminals released early from prison affects tourism, 
     economic development, use of the interstate highway system, 
     federally owned or supported facilities, and other commercial 
     activities of individuals; and
       (5) the policies of one State regarding the early release 
     of criminals sentenced in that State for a violent crime 
     often affect the citizens of other States, who can influence 
     those policies only through Federal law.
       (b) Purpose.--The purpose of this title is to reduce 
     violent crime by requiring States to bear the responsibility 
     for the consequences of releasing violent criminals before 
     they serve the full term for which they were sentenced.

     SEC. 202. CAUSE OF ACTION.

       (a) In General.--The victim (or in the case of a homicide, 
     the family of the victim) of a violent crime shall have a 
     Federal cause of action in any district court against a State 
     if the individual committing the crime--
       (1) had previously been convicted by the State of a violent 
     offense;
       (2) was released prior to serving his or her full sentence 
     for such offense; and
       (3) committed the violent crime before the original 
     sentence would have expired.
       (b) Definition.--As used in this title, the term ``crime of 
     violence'' has the same meaning as in section 16 of title 18, 
     United States Code.
       (c) Damages.--A State shall be liable to the victim in an 
     action brought under this title for the actual damages 
     (direct and indirect) resulting from the violent crime, but 
     not for punitive damages.
                                 ______

      By Mr. DOMENICI (for himself, Mr. Lott, Mr. Stevens, Mr. Cohen, 
        Mr. Exon, Mr. Pressler, and Mr. Warner):
  S. 1429. A bill to provide clarification in the reimbursement to 
States for federally funded employees carrying out Federal programs 
during the lapse in appropriations between November 14, 1995, through 
November 19, 1995, to the Committee on Governmental Affairs.


Reimbursement for Furloughed Federal Employees During Recent Government 
                          Shutdown Legislation

 Mr. DOMENICI. Mr. President, I introduce legislation relating 
to the recently enacted continuing appropriations resolution and 
concerns that have been raised regarding the payment of furloughed 
employees during the 6-day Government closure. I am joined in offering 
this legislation by my distinguished colleagues, Senators Lott and 
Senator Warner.
  Mr. President, the furlough pay language that the Congress adopted as 
part of House Joint Resolution 122, the continuing resolution, is 
language that previous Congresses have adopted to provide compensation 
to Federal employees during periods of Government closure.
  This language was enacted to provide compensation to Federal 
employees affected by Government closure in 1984, 1986, 1987, and 1990. 
This language was provided to Congress by the administration to meet 
our stated intent that Federal workers should not suffer a loss of pay 
as a result of the 6-day closure of the Federal Government.
  It has now been brought to our attention that the language included 
in the continuing resolution may inadvertently not cover all employees 
who were subject to the furlough. The administration has indicated that 
there are State employees paid with 100 percent Federal funds who make 
disability determinations and administer unemployment insurance 
benefits, for example, that may not be covered by the language in the 
continuing resolution regarding the payment of compensation during the 
recent 6-day shutdown of the Federal Government.
  I am therefore introducing legislation to clarify our intent that all 
furloughed Federal workers, including federally funded workers, 
affected by the shutdown of the Federal Government receive their pay as 
Congress intended. The legislation ensures that 100 percent federally-
funded State employees affected by the furlough receive their pay, and 
that States using their own funds to make up for the lack of Federal 
funds for these employees are reimbursed to carry out 100 percent 
federally-supported functions.
  Mr. President, it was and is clearly the intent of the Congress to 
pay Federal workers for the 6-day period of the Government shutdown. 
The language enacted in the continuing resolution has been used in 
previous years to successfully address this situation. I hope the 
language does so this year. If not, I urge my colleagues to adopt the 
bill I am introducing to clarify our intent on this matter.
                                  _____

                                 
[[Page S 17668]]

      By Mr. PRESSLER (for himself, and Mr. Daschle):
  S. 1430. A bill to authorize a land conveyance at the radar bomb-
scoring site, Belle Fourche, SD; to the Committee on Armed Services.


                      LAND CONVEYANCE LEGISLATION

  Mr. PRESSLER. Mr. President, I rise today to introduce legislation 
that would transfer Air Force radar bomb-scoring facilities near Belle 
Fourche, SD, to the local Belle Fourche School District. The Air Force 
has declared facilities located at Detachment 21 of the 554th Range 
Squadron as excess Federal property. The Air Force is expected to 
dispose of the excess bomb-scoring facilities in July 1996.
  Mr. President, the transfer of excess Air Force facilities to the 
Belle Fourche School District would relieve overcrowded local public 
educational facilities in a school district with increasing 
enrollments. Currently, the Belle Fourche School District is one of the 
poorest school districts in South Dakota. A small tax base coupled with 
a proposed additional tax burden for the renovation of the old 
Roosevelt school building prompted local taxpayers to reject two bond 
issues that would have relieved the growing classroom crowding problem. 
The transfer of excess Air Force facilities to the Belle Fourche School 
District is a responsible, cost-effective approach to addressing an 
increasingly serious local problem. It is an example of two levels of 
government cooperating for a common good. The transfer of excess Air 
Force facilities would help provide a quality educational environment 
for many schoolchildren living in Belle Fourche.
  Mr. President, I ask unanimous consent that resolutions of support 
for my legislation from State, county, city and local governments be 
included in the Record. I further ask unanimous consent the full text 
of the bill be printed in the Record. I urge my colleagues to adopt 
this important legislation.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1430

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. LAND CONVEYANCE, RADAR BOMB SCORING SITE, BELLE 
                   FOURCHE, SOUTH DAKOTA.

       (a) Conveyance Authorized.--The Secretary of the Air Force 
     may convey, without consideration, to the Belle Fourche 
     School District, Belle Fourche, South Dakota (in this section 
     referred to as the ``District''), all right, title, and 
     interest of the United States in and to a parcel of real 
     property, together with any improvements thereon, consisting 
     of approximately 37 acres located in Belle Fourche, South 
     Dakota, which has served as the location of a support complex 
     and housing facilities for Detachment 21 of the 554th Range 
     Squadron, an Air Force Radar Bomb Scoring Site located in 
     Belle Fourche, South Dakota. The conveyance may not include 
     any portion of the radar bomb scoring site located in the 
     State of Wyoming.
       (b) Condition of Conveyance.--The conveyance authorized 
     under subsection (a) shall be subject to the condition that 
     the District--
       (1) use the property and facilities conveyed under that 
     subsection for education, economic development, and housing 
     purposes; or
       (2) enter into an agreement with an appropriate public or 
     private entity to sell or lease the property and facilities 
     to such entity for such purposes.
       (c) Description of Property.--The exact acreage and legal 
     description of the property conveyed under this section shall 
     be determined by a survey satisfactory to the Secretary. The 
     cost of the survey shall be borne by the District.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                                                    ____



                                        State of South Dakota,

                                                November 15, 1995.
     Mr. Wade Pehl,
     Belle Fourche School District 9-1,
     Belle Fourche, SD.
       Dear Mr. Pehl: I am certainly pleased to lend my support to 
     the proposed acquisition of the Air Force Detachment 21 site 
     in Belle Fourche by the Belle Fourche School District. The 
     potential for public good is remarkable. Not only will it 
     address certain critical facility needs of the school 
     district, it will provide badly needed moderate income 
     housing for the Belle Fourche community. I am especially 
     pleased with the cooperative spirit that has been evident in 
     this project between the various local governments; it is 
     this type of cooperation that will provide innovative 
     solutions to many community challenges.
       You and the entire board are to be commended for your 
     creativity in this matter. Please be assured that you have my 
     wholehearted support in this undertaking. If I may be of 
     further assistance, please do not hesitate to contact my 
     office.
           Sincerely,
                                               William J. Janklow,
     Governor.
                                                                    ____


       Board of Butte County Commissioners Resolution of Support

       It Is Hereby Resolved by the Butte County Board of 
     Commissioners that a majority of the Board supports a 
     proposed U.S. Senate Bill to authorize a land conveyance at 
     the Detachment 21 of the 554th Range Squadron, an Air Force 
     Radar Bomb Scoring Site in Belle Fourche, South Dakota to the 
     Belle Fourche School District, Belle Fourche, South Dakota.
       Dated this 21st day of November 1995.
                                                                    ____


                               Resolution

       Whereas, it has come to the attention of the Common Council 
     of the City of Belle Fourche, Butte County, South Dakota, of 
     the proposed termination of the support complex and housing 
     facilities for Detachment 21 of the 554th range Squadron, an 
     Air Force Radar Bomb Scoring Site located in Belle Fourche; 
     and
       Whereas, the Belle Fourche School District No. 9-1, is in 
     need of an additional site so as to provide adequate public 
     education facilities for its citizens and patrons; and
       Whereas, the Common council of the City recognizes the need 
     to provide adequate facilities for education within the 
     community and feels that the complex has great potential to 
     enhance the program for learning within the City;
       Now, therefore, be it Resolved, That the Common Council of 
     the City of Belle Fourche does hereby support the transfer of 
     ownership of the support complex and housing facilities for 
     U. S. Air Force Detachment 21 located in Belle Fourche, South 
     Dakota to the Belle Fourche School District No. 9-1.
       Dated at Belle Fourche, this 20th day of November 1995.
                                                                    ____


 Belle Fourche School District Board of Education Resolution of Support

       It Is Hereby Resolved by the Belle Fourche School District 
     9-1 Board of Education that the Board fully supports the 
     transfer of the United States Air Force property in Belle 
     Fourche, South Dakota, to the Belle Fourche School District 
     9-1 as a ``public benefit transfer.'' Transfer of the support 
     complex and housing facilities for Detachment 21 of the 554th 
     Range Squadron for use by the Belle Fourche School District 
     9-1 would benefit Belle Fourche School District 9-1 and such 
     a transfer has the full and unqualified support of the Belle 
     Fourche School District 9-1 Board of Education.
       Dated this 13th day of November 1995, at Belle Fourche, 
     South Dakota.
                                 ______

      By Mr. McCAIN:
  S. 1431. A bill to make certain technical corrections in laws 
relating to native Americans, and for other purposes; to the Committee 
on Indian Affairs.


                   technical corrections legislation

 Mr. McCAIN. Mr. President, I am introducing today a bill to 
amend two existing laws that provide for the settlement of the water 
rights claims of two Indian tribes in Arizona.
  Section 1 of the bill amends section 112 of the Yavapai-Prescott 
Indian Tribe Water Rights Settlement Act of 1994 to extend by 6 months 
the time for the settlement parties to finish all actions required to 
complete the settlement. Under the original act, the Secretary of the 
Interior is required to publish in the Federal Register by December 31, 
1995, a statement of findings that includes a finding that contracts 
for the assignment of Central Arizona Project water have been executed. 
Due to several unforeseen developments, the Department of the Interior, 
the Yavapai-Prescott Tribe, and the city of Prescott have concluded 
that additional time is necessary to finalize the agreements and 
publish the Secretary's findings in the Federal Register. Accordingly, 
the amendment extends the deadline for completion of the settlement to 
June 30, 1996.
  Section 2 of the bill amends the San Carlos Apache Tribe Water Rights 
Settlement Act of 1992 to extend by 1 year the deadline for the 
settlement parties to complete all actions needed to effect the 
settlement, including finalizing agreements between the San Carlos 
Apache Tribe and the Phelps-Dodge Corp., and between the tribe and the 
town of Globe. This amendment would extend the deadline from December 
31, 1995, to December 31, 1996. The Department of the Interior, the San 
Carlos Apache Tribe, and the other settlement parties all support this 
extension.
  Mr. President, it is extremely important that the Congress pass these 
two time-sensitive provisions before the end of the year. The San 
Carlos Apache and Yavapai-Prescott settlements are 

[[Page S 17669]]
the product of years of painstaking negotiation and effort by many 
parties. No party, in particular the United States, would benefit from 
a lapse in the statutory authority for completing these settlements. 
Without the time extensions contained in this bill, the many fruits of 
these collective efforts could be lost.
  On October 31, 1995, the Senate passed S. 325, a bill comprised of 22 
sections containing amendments to various laws affecting native 
Americans. Sections 1 and 2 described in the preceding paragraphs are 
identical to sections 15 and 22 of S. 325. However, it now appears 
doubtful that the House will pass S. 325 by the end of the year. 
Consequently, I am introducing this bill today to ensure that the 
parties to the San Carlos and Yavapai-Prescott settlements will have 
sufficient time to complete the work needed to make those settlements 
final.

                          ____________________