Congressional Record, Volume 144 Issue 56 (Thursday, May 7, 1998)

[Congressional Record Volume 144, Number 56 (Thursday, May 7, 1998)]
[Senate]
[Pages S4538-S4541]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

THE MILITARY HONORS PRESERVATION ACT

Mrs. FEINSTEIN. Mr. President, I rise today to introduce the Military
Honors Preservation Act of 1998 which will ensure that those who have
served this nation with distinction will not see their service medals
devalued by the crimes of others.
This bill simply states that a member of the United States armed
forces may not enter a federal, state, or local penitentiary for the
purpose of presenting a medal to a person incarcerated for committing a
serious violent felony. My hope is that this bill will be seen as it is
intended: an attempt to secure the well deserved sense of honor of
those who have served in our nation's armed forces. Service to our
nation and the opportunity to receive recognition for that service is a
duty and a privilege not to be taken lightly.
I decided that this legislation was necessary when I heard of the
unbearable pain suffered by the family of Leah Schendel, a 78-year old
woman who was attacked in her Sacramento, California home just before
Christmas in 1980. Mrs. Schendel was brutally beaten and sexually
assaulted. This vicious attack caused a massive heart attack that
killed her. The man who perpetrated this horrific crime, Manuel
Babbitt, was convicted and sentenced to die--he is currently sitting on
death row in San Quentin Prison.
This past March, the suffering of Mrs. Schendel's family was renewed
when they learned that the man who had so viciously brutalized their
loved one was being honored by the United States Marine Corps, in San
Quentin! In a ceremony at the prison, Mr. Babbitt was awarded a Purple
Heart for injuries he suffered during the Vietnam War. For Mrs.
Schendel's family, this medal ceremony was a slap in the face. It said
to them that the government was more concerned with honoring a
convicted criminal than respecting the feelings of his victims.
I believe that there is no higher calling for an American than to
serve our nation. I have worked hard to make sure that California
veterans, who have been overlooked or fallen through the

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cracks of the system, get the recognition and benefits they deserve.
However, I believe that someone who, in his or her post-service life,
shows such a blatant disregard for the laws of this nation and makes a
mockery of the high standards of the United States military should not
be accorded recognition.
Just like the right to vote, or the right to a military burial in
Arlington Cemetery, I believe anyone who has committed a heinous crime
forfeits the right to be honored by the American people. Please join me
in supporting this bill for the sake of Leah Schendel, and for every
American veteran who should rightly feel that they are a hero.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 2050

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

SECTION 1. PROHIBITION ON ENTRY INTO CORRECTIONAL FACILITIES
FOR PRESENTATION OF DECORATIONS TO PERSONS WHO
COMMIT CERTAIN CRIMES BEFORE PRESENTATION.

(a) Prohibition.--Chapter 57 of title 10, United States
Code, is amended by adding at the end the following:

``Sec. 1132. Presentation of decorations: prohibition on
entering into correctional facilities for certain
presentations

``(a) Prohibition.--No member of the armed forces may enter
into a Federal, State, or local correctional facility for
purposes of presenting a decoration to a person who has been
convicted of a serious violent felony.
``(b) Definitions.--In this section:
``(1) The term `decoration' means any decoration or award
that may be presented or awarded to a member of the armed
forces.
``(2) The term `serious violent felony' has the meaning
given that term in section 3359(c)(2)(F) of title 18.''.
(b) Clerical Amendment.--The table of sections at the
beginning of that chapter is amended by adding at the end the
following:

``1132. Presentation of decorations: prohibition on entering into
correctional facilities for certain presentations.''.
______

By Mr. WARNER.
S. 2051. A bill to establish a task force to assess activities in
previous base closure rounds and to recommend improvements and
alternatives to additional base closure rounds; to the Committee on
Armed Services.

BASE CLOSURE TASK FORCE LEGISLATION

Mr. WARNER. Mr. President, during this past week, I and my colleagues
have been working in committee on the defense authorization bill for
the upcoming fiscal year. We have debated a host of issues of
significant import to the national security of this great nation, among
them the future of the BRAC process.
Mr. President, a decade ago, I worked with my good friend from
Georgia, Senator Sam Nunn, to formulate legislation that would guide
this nation through the base closure process. We understood then that
this would be a difficult and, for many communities across this
country, a painful process.
In this decade, each of us in this chamber has come to know how
communities in our states had come to rely on the military as the
mainstay of their economic livelihood. For many communities, a base
closure would impart significant economic impact. In some communities a
positive result, in others a negative impact. No two communities are
the same. The challenge to these communities after a base closure was
then to reorient their goals and to plan for continued growth and well-
being, or plain survival.
I learned a great deal from Senator Nunn during our discussions on
planning for base closures. He is a man of great intellect and keen
foresight and fully understood the possibility that this process could
become politicized. Under our leadership, the committee went to great
lengths to legislate the appropriate direction, responsibilities and
necessary safeguards that might preclude either the executive or
legislative branch from manipulating the process for political gain,
rather than the collective gain of the national security of this
country.
The BRAC rounds in 1991 and 1993 were basically free from challenge,
but 1995 was a different story--one with which we are all familiar.
Like many of you, I was truly disappointed that we have come so far
with such a degree of success only to have the process, under such a
dark cloud, break down with confidence lost.
So, it is under this cloud that we attempt to continue a discussion
on the necessity of future base closures. The citizens of the
Commonwealth and my colleagues in this chamber, know my position on
this. Like Secretary Cohen and other experts on national security
policy, I believe we still have work to do to reduce base
infrastructure if we are to continue to meet the rising costs of
national security challenges of the coming millennium, particularly
modernization.
The shadow cast on the process continues to grow--seemingly unabated
by our remarks, and probably the counsel of Secretary Cohen. I am
severely distressed by a recent Defense Department memo which, once
again, puts in question the BRAC process.
To get this process back on track, I am proposing legislation today
to form a task force to revise these issues. This task force will be
composed of experts chosen by both the majority and minority from both
chambers in bipartisan spirit. The charter of the task force will be to
investigate and report to the Congress by March of next year how we
might efficiently achieve, without manipulation, the continued
reduction in military infrastructure.
I believe it is important that we assure the American people that a
future base closure can be maintained in the spirit in which I and
Senator Nunn and our colleagues on the committee has originally
intended those few years ago. I invite members to join me on this
legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 2051

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

SECTION 1. TASK FORCE ON BASE CLOSURE REFORM.

(a) Establishment.--There is hereby established a
commission to be known as the ``Task Force on Base Closure
Reform'' (in this Act referred to as the ``Task Force'').
(b) Purpose.--The purpose of the Task Force is to review
the base closure process (including the recommendation and
approval of installations for closure and the closure of
installations) under the 1990 base closure law in order to
recommend improvements, and potential alternatives, to the
base closure process under that law.

SEC. 2. MEMBERSHIP.

(a) Membership.--(1) The Task Force shall be composed of 10
members, appointed from among individuals described in
paragraph (2) as follows:
(A) Three members shall be appointed by the Majority Leader
of the Senate.
(B) Two members shall be appointed by the Minority Leader
of the Senate.
(C) Three members shall be appointed by the Speaker of the
House of Representatives.
(D) Two members shall be appointed by the Minority Leader
of the House of Representatives.
(2) Members of the Task Force shall be appointed from among
retired members of the Armed Forces, or other private United
States citizens, who have one or more of the following
qualifications:
(A) Past membership on a commission established under the
1990 base closure law or under title II of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note).
(B) Past service on the staff of a commission referred to
in subparagraph (A).
(C) Experience with military force structure planning and
strategic planning.
(D) Financial management experience.
(E) Past membership in the legislative branch or service on
the staff of the legislative branch.
(b) Appointment.--(1) All members of the Task Force shall
be appointed not later than 45 days after the date of
enactment of this Act.
(2)(A) Members of the Task Force shall be appointed for the
life of the Task Force.
(B) A vacancy in the membership of the Task Force shall not
affect the powers of the Task Force, but shall be filled in
the same manner as the original appointment.
(c) Chairman.--The members of the Task Force shall choose
one of the members to serve as chairman of the Task Force.

SEC. 3. DUTIES.

(a) In General.--The Task Force shall--
(1) carry out a review of the base closure process under
the 1990 base closure law in accordance with subsection (b);
(2) carry out an assessment of the impact of the number of
base closure rounds on the base closure process under that
law in accordance with subsection (c);
(3) carry out a comparative analysis of various means of
disposing of excess or surplus

[[Page S4540]]

property in accordance with subsection (d); and
(4) make recommendations in accordance with subsection (e).
(b) Review.--In carrying out a review of the base closure
process under subsection (a)(1), the Task Force shall--
(1) review the activities, after action reports, and
recommendations of each commission established under the 1990
base closure law in the 1991, 1993, and 1995 base closure
rounds under that law;
(2) review the activities and after action reports of the
Department of Defense and the military departments with
respect to each such base closure round under that law, which
shall include an assessment of the compliance of the military
departments with the provisions of that law in each such
round; and
(3) assess the effectiveness of the provisions of that law
in providing guidance to each such commission, the Department
of Defense, and the military departments with respect to
subsequent closures of military installations.
(c) Assessment.--In carrying out an assessment of the
impact of the number of base closure rounds on the base
closure process under subsection (a)(2), the Task Force
shall--
(1) review the activities of the Department of Defense and
the military departments in preparing for and carrying out
the closure of installations approved for closure in each
base closure round under the 1990 base closure law,
including--
(A) the capacity of the Department of Defense and the
military departments to process the data required to make
recommendations with respect to the closure of installations
in each such round; and
(B) the effectiveness of the activities undertaken by the
Department of Defense and the military departments to dispose
of property and equipment at such installations upon approval
of closure; and
(2) assess the impact of the number of installations
recommended for closure in each such round on--
(A) the accuracy of data provided by the Secretary of
Defense to the commission established under that law in such
round;
(B) the capacity of such commission to process such data;
and
(C) the ability of such commission to consider fully the
concerns of the communities likely to be effected by the
closure of the installations recommended for closure.
(d) Comparative Analysis.--In carrying out a comparative
analysis under subsection (a)(3), the Task Force shall--
(1) compare the law and experience of the United States in
disposing of surplus and excess property with the law and
experience of similar nations in disposing of such property;
and
(2) compare the law (including any regulations, policies,
and directives) of the United States relating to the closure
of military installations with the law of similar nations
relating to the closure of such installations.
(e) Recommendations.--In making recommendations under
subsection (a)(4), the Task Force shall--
(1) recommend such modifications to the 1990 base closure
law as the Task Force considers appropriate in light of its
activities under this section;
(2) compare the merits of requiring one additional round of
base closures under that law with the merits of requiring
more than one additional round of base closures under that
law; and
(3) recommend any alternative methods of eliminating excess
capacity in the military installations inside the United
States that the Task Force considers appropriate in light of
its activities under this section.

SEC. 4. REPORT.

(a) Report.--Not later than March 15, 1999, the Task Force
shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives a report on its activities under this Act.
(b) Elements.--The report shall include the results of the
activities of the Task Force under section 3, including the
recommendations required by subsection (e) of that section.

SEC. 5. TASK FORCE MATTERS.

(a) Meetings.--(1) The Task Force shall hold its first
meeting not later than 30 days after the date on which all
members have been appointed.
(2) The Task Force shall meet upon the call of the
chairman.
(3) A majority of the members of the Task Force shall
constitute a quorum, but a lesser number may hold meetings.
(b) Authority of Individuals To Act for Task Force.--Any
member or agent of the Task Force may, if authorized by the
Task Force, take any action which the Task Force is
authorized to take under this section.
(c) Hearings.--The Task Force may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Task Force considers advisable
to carry out its duties.
(d) Availability of Government Information.--The Task Force
may secure directly from the Department of Defense and any
other department or agency of the Federal Government such
information as the Task Force considers necessary to carry
out its duties. Upon the request of the chairman of the Task
Force, the head of a department or agency shall furnish the
requested information expeditiously to the Task Force.
(e) Postal Services.--The Task Force may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.

SEC. 6. TASK FORCE PERSONNEL MATTERS.

(a) Pay and Expenses of Members.--(1) Each member of the
Task Force who is not an employee of the Government shall be
paid at a rate equal to the daily equivalent of the annual
rate of basic pay prescribed for level IV of the Executive
Schedule under section 5315 of title 5, United States Code,
for each day (including travel time) during which such member
is engaged in performing the duties of the Task Force.
(2) Members and personnel of the Task Force may travel on
aircraft, vehicles, or other conveyances of the Armed Forces
when travel is necessary in the performance of a duty of the
Task Force except when the cost of commercial transportation
is less expensive.
(3) The members of the Task Force may be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance
of services for the Task Force.
(4)(A) A member of the Task Force who is an annuitant
otherwise covered by section 8344 or 8468 of title 5, United
States Code, shall not by reason of membership on the Task
Force be subject to the provisions of such section with
respect to such Task Force.
(B) A member of the Task Force who is a member or former
member of a uniformed service shall not be subject to the
provisions of subsections (b) and (c) of section 5532 of such
title with respect to membership on the Task Force.
(b) Staff and Administrative Support.--(1) The chairman of
the Task Force may, without regard to civil service laws and
regulations, appoint and terminate an executive director and
up to three additional staff members as necessary to enable
the Task Force to perform its duties. The chairman of the
Task Force may fix the compensation of the executive director
and other personnel without regard to the provisions of
chapter 51, and subchapter III of chapter 53, of title 5,
United States Code, relating to classification of positions
and General Schedule pay rates, except that the rate of pay
may not exceed the maximum rate of pay for grade GS-15 under
the General Schedule.
(2) Upon the request of the chairman of the Task Force, the
head of any department or agency of the Federal Government
may detail, without reimbursement, any personnel of the
department or agency to the Task Force to assist in carrying
out its duties. A detail of an employee shall be without
interruption or loss of civil service status or privilege.

SEC. 7. SUPPORT OF TASK FORCE.

(a) Temporary Services.--The chairman of the Task Force may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code, at rates for
individuals that do not exceed the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of such title.
(b) Department of Defense Support.--The Secretary of
Defense shall furnish to the Task Force such administrative
and support services as may be requested by the chairman of
the Task Force.

SEC. 8. TERMINATION.

The Task Force shall terminate 30 days after the date on
which it submits the report required by section 4.

SEC. 9. FUNDING.

Upon the request of the chairman of the Task Force, the
Secretary of Defense shall make available to the Task Force,
out of funds appropriated for the Department of Defense, such
amounts as the Task Force may require to carry out its
duties.

SEC. 10. DEFINITION.

In this Act, the term ``1990 base closure law'' means the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
______

By Mr. WARNER:
S. 2053. A bill to require the Secretary of Treasury to redesign the
$1 bill so as to incorporate the preamble to the Constitution of the
United States, the Bill of Rights, and a list of Articles of the
Constitution on the reverse side of such currency; to the Committee on
Banking, Housing, and Urban Affairs.

LIBERTY dollar BILL act

Mr. WARNER. Mr. President, I rise today to introduce the Liberty
Dollar Bill Act.
Recently, the eighth grade students of Liberty Middle School in
Ashland, Virginia came up with an idea. The measure I introduce today
simply implements their vision. This bill directs the Treasury to place
on the back of the one dollar bill the actual language from the
Constitution of the United States.
Our founding fathers met in 1787, to write what would become the
model for all modern democracies--the Constitution.

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Our Constitution is a beacon of light for the world. Shouldn't all
people be able to hold up our one dollar bill as a symbol of there
freedom of modern democracy worldwide.
Washington, Madison, Franklin, Hamilton and many other great
Americans met for four months in 1787 to ignite history's greatest
light of government.
They argued, fought, and compromised to create a lasting democracy,
built on a philosophy found in the preamble of the constitution. And
they protected this philosophy and these ideals by creating three
branches of government and divisions of power between the federal and
state governments found in the articles and the amendments of the
Constitution.
Three of the men mentioned are on our United States currency, but not
the document they put their lives into--not the document they then
asked Americans to ratify.
While our currency celebrates the men who first wrote the
constitution, it doesn't celebrate, their most noble achievement, the
living document that has been so ably protected while it continues to
evolve with each new generation.
Shouldn't this greatest of American achievements be in the hands of
all Americans?
All Presidents, likewise all public officers, swear to ``preserve,
protect and defend'' the constitution.
No country can survive if it looses its philosophical moorings. The
freedoms and liberties we enjoy give substance, value and meaning to
the laws by which we live. Our Nation's philosophy can be taken for
granted in the daily business of lawmaking. Yet we can hear in John F.
Kennedy's inaugural address that we do not defend America's laws, we
defend its philosophy--a philosophy embodied in the Constitution.
Seventy-five percent of Americans say that ``The Constitution is
important to them, makes them proud, and is relevant to their lives.''
So important is this document that we built the Archives in
Washington to house and safeguard it. Hundreds of thousands go there
each year to see it. However, ninety-four percent of Americans don't
even know all of the rights and freedoms found in the First Amendment.
Sixty-two percent of Americans can't name our three branches of
government.
Six hundred thousand legal immigrants come to America each year.
Often their first sight of America is the Statute of Liberty, holding
high her torch, symbolizing our light and our freedom. Many of these
immigrants become American citizens by the naturalization process and
learn more about the Constitution than many natural born citizens
If America's most patriotic symbol--the Constitution--were on the
back of the one dollar bill, wouldn't we all know more about our
Government? And shouldn't we?
Shouldn't it be where all Americans can readily read it. Shouldn't
the Constitution be on the back of the one dollar bill?
Today, I am proud to join my colleague in the House, Chairman Tom
Bliley, and introduce the companion legislation in the Senate. The
Liberty Dollar Bill Act directs the Secretary of the Treasury to
incorporate the preamble to the Constitution of the United States, the
Bill of Rights, and a list of the Articles of the Constitution on the
reverse side of the one dollar bill.
Mr. President, I agree with the students of Liberty Middle School.
The Constitution belongs to the people. It should be in their hands.
I want to commend the eighth grade students of Liberty Middle School
and their teacher, Mr. Randy Wright for their contribution to our
Nation. I hope all my colleagues in the Senate will see the wisdom of
these students and join me as a cosponsor of this legislation. Let the
nation hear that the younger generation can provide ideas that become
the laws of our land.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 2053

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 ``Liberty Dollar Bill Act''.

SEC. 2. FINDINGS.

The Congress finds as follows:
(1) Many Americans are unaware of the provisions of the
Constitution of the United States, one of the most remarkable
and important documents in world history.
(2) A version of this important document, consisting of the
preamble, a list of the Articles, and the Bill of Rights,
could easily be placed on the reverse side of the $1 Federal
reserve note.
(3) The placement of this version of the Constitution on
the $1 Federal reserve note, a unit of currency used daily by
virtually all Americans, would serve to remind people of the
historical importance of the Constitution and its impact on
their lives today.
(4) Americans would be reminded by the preamble of the
blessings of liberty, by the Articles, of the framework of
the Government, and by the Bill of Rights, of some of the
historical changes to the document that forms the very core
of the American experience.

SEC. 3. REDESIGN OF REVERSE SIDE OF THE $1 BILL.

(a) In General.--Section 5114 of title 31, United States
Code, is amended by adding at the end the following new
subsection:
``(d) Liberty Dollar Bills.--
``(1) In general.--In addition to the requirements of
subsection (b) (relating to the inclusion of the inscription
`In God We Trust' on all United States currency) and the
eighth undesignated paragraph of section 16 of the Federal
Reserve Act, the design of the reverse side of $1 Federal
reserve notes shall incorporate the preamble to the
Constitution of the United States, a list of the Articles of
the Constitution, and a list of the first 10 amendments to
the Constitution.
``(2) Design.--Subject to paragraph (3), the preamble to
the Constitution of the United States, the first 10
amendments to the Constitution, and the list of the Articles
of the Constitution shall appear on the reverse side of the
$1 Federal reserve note, in such form as the Secretary deems
appropriate.
``(3) Authority of secretary.--The requirements of this
subsection shall not be construed as--
``(A) prohibiting the inclusion of any other inscriptions
or material on the reverse side of the $1 Federal reserve
note that the Secretary may determine to be necessary or
appropriate; or
``(B) limiting any other authority of the Secretary with
regard to the design of the $1 Federal reserve note,
including the adoption of any design features to deter the
counterfeiting of United States currency.''.
(b) Date of Application.--The amendment made by subsection
(a) shall apply to $1 Federal reserve notes that are first
placed into circulation after December 31, 1999.

____________________