[Congressional Record Volume 143, Number 41 (Wednesday, April 9, 1997)]
[House]
[Page H1367]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              LEGISLATIVE POWERS AND THE EXECUTIVE BRANCH

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Nevada [Mr. Gibbons] is recognized for 5 minutes.
  Mr. GIBBONS. Mr. Speaker, today I want to discuss something so 
powerful and hurtful that it cripples the economy, puts a stranglehold 
on businesses and farms, destroys livelihoods and families, and yet 
seems unstoppable. This monster that I am discussing is the power that 
was once granted to Congress in Article 1, Section 1 of the United 
States Constitution, which reads: ``All legislative powers herein 
granted shall be vested in a Congress.'' Today, however, the executive 
branch of this very Government has taken control of this reserved 
privilege and holds it captive at the expense of American citizens.
  The regulatory authority now used by these Government agencies to 
legislate, to create rule after rule, regulation after regulation, has 
begun to put a stranglehold on the western part of this country to the 
extent that they may never again breathe.
  To illustrate my point, I would like to discuss the police powers 
Secretary of the Interior Babbitt and the Bureau of Land Management 
allegedly assume to possess. On November 7, 1996, the BLM posted in the 
Federal Register new law enforcement regulations. Although the BLM 
claims that these regulations are merely a recodification of the 
current regulations and do not result in the creation of ``new 
authority,'' this is simply not the case. The proposed law enforcement 
regulations are an attempt to vastly, and in most cases unlawfully, 
expand the BLM's law enforcement authority by increasing the number and 
types of actions which may result in the violation of the law 
enforcement regulations and substantially increase the penalties for 
violation of such regulations.
  The Constitution of the United States guarantees proper notice 
describing those actions which law enforcement agencies may subject its 
citizens to criminal punishment. However, in this case, BLM has 
criminalized thousands of minor violations of Federal, State and local 
rules that previously were not criminal, without explaining the 
specific acts which are now criminal. The proposed regulations' vague 
references to ``any law or ordinance'' are not constitutionally 
sufficient, thus making the proposed regulations unconstitutional.
  For example, proposed regulation section 9263.1 makes any citizen a 
criminal who is on Federal lands and who does not comply with all 
``State and local laws, regulations and ordinances relating to the use, 
standards, registrations, operation and inspection of motorized 
vehicles and trailers.'' The average citizen, and probably many 
employees of the BLM, are not familiar with the thousands of 
regulations that have just been elevated to criminal status. Without a 
specific list of the acts or omissions which would be criminal, the 
BLM's proposed regulations are again illegal.
  The egregiousness of these actions does not stop there. The United 
States Constitution states that a citizen may not be placed in jeopardy 
twice for the same offense. These proposed regulations state that an 
individual who is in charge or charged with a violation by the 
Environmental Protection Agency can also be charged by the BLM with a 
violation of the Federal Land Policy Management Act. This is clearly an 
attempt to submit citizens to double jeopardy and thus circumvent the 
Constitution.
  Furthermore, the eighth amendment of the Constitution states 
``Excessive bills shall not be required nor excessive fines imposed nor 
cruel and unusual punishment inflicted.'' The possibility that one may 
be fined $100,000 for driving 1 mile an hour over a 30-mile-an-hour 
speed limit is certainly an excessive fine. The possibility of spending 
12 months in jail for the same offense is also cruel and unusual 
punishment and again unconstitutional.
  Yet, as we all know, Mr. Speaker, the Secretary of the Interior on 
March 11, 1997, released a press statement titled, ``Secretary Babbitt 
Directs BLM to Halt Action, Go Back to the Drawing Board with Law 
Enforcement Regulations.'' However, the press release goes on to 
further quote Mr. Babbitt directly and states

       This action does not diminish the legal authority of the 
     BLM law enforcement officers on public land. But it is very 
     clear that we have not done a good job of clarifying 
     regulations and communicating BLM's legal authority under 
     existing Federal statutes to protect health, safety and 
     environmental resources on America's public lands.

  Let me explain further, Mr. Speaker, and tell my colleagues exactly 
what powers the BLM is commandeering:
  On July 24, 1994, a New Mexico family was on a family outing at the 
Santa Cruz Lake area in the northern part of that State. After fishing 
and picnicking for 2 hours, the family loaded up their car and were 
leaving the area when they were stopped by a BLM Ranger. According to a 
complaint filed by the family's attorney, the BLM Ranger approached the 
vehicle carrying a shotgun and ordered everyone out of the car using 
threats of bodily harm laced with profanity. The BLM Ranger fired his 
shotgun at the car to show that he meant business.
  The complaint continues:
  Three men got out of the car and asked why they were being stopped. 
They asked if it was for fishing without licenses, but they were never 
asked for their fishing licenses. When one man and the women and 
children tried to leave, the BLM Ranger then maced the driver and 
handcuffed him. The driver's mother tried to help her son but was 
knocked to the ground by the Ranger who then stomped on her leg before 
handcuffing her.
  Mr. Speaker, no longer are Americans free, but they are chained to 
the dictatorship. I oppose this unusual and unlawful assumption of 
regulatory powers.
  After handcuffing the mother the BLM Ranger went back to the driver 
and sprayed him again in the face with mace. All this time the children 
were crying and the Ranger yelled at them to shut up. According to the 
complaint the BLM Ranger said he was going to blow their--expletive 
deleted--heads off.
  It gets worse. When one of the men picked up one of the children to 
comfort him, the BLM Ranger put his shotgun to the child's head and 
ordered the man to put the child down. Two other BLM Rangers allegedly 
arrived and began waving their weapons around as well. The BLM Rangers 
refused to say why they had stopped the family in the first place. The 
adults were incarcerated and the BLM Ranger did not notify the Attorney 
General as they are required to do. Although records at the Santa Fe 
Jail indicate six adults were arrested on charges of assault and 
hindering a Federal employee, a U.S. magistrate released all those 
jailed because the BLM did not produce a written complaint and no 
formal charges were made. To this day the family still has no idea why 
they were arrested.
  Remember these are Federal public land management employees, who are 
commiting these atrocious acts. It is not the Federal Bureau of 
Investigation, nor the Bureau of Alcohol Tobacco and Firearms, or any 
other law enforcement agency.
  It becomes very evident that these power-hungry bureaucracies have 
designated themselves unconstitutional police powers, without having 
proper authority or training. The agents are turning into bullies with 
little respect for public safety or property.
  Mr. Speaker, no longer are Americans free, but they are chained to 
the dictatorship of bureaucratic monsters. It is time for Congress to 
stand up for its constitutional rights and the protection of the 
American people.

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