[Congressional Record Volume 144, Number 115 (Thursday, September 3, 1998)]
[Senate]
[Pages S9927-S9929]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
UNANIMOUS CONSENT REQUEST--S. 10
Mr. HATCH. Mr. President, on behalf of the majority leader, I ask
unanimous consent that it be in order for the majority leader, after
consultation with the Democratic leader, to proceed to Calendar No.
210, S. 10, the Violent and Repeat Juvenile Offender Act, and that it
be considered under the following limitations:
The only amendments in order be a substitute amendment offered by
Senators Hatch and Sessions, and the following listed amendments:
An amendment by Senator Campbell on law enforcement concealed carry;
Senator Lugar on jail drug treatment;
Senator Hutchison, SOS on prosecutions;
Senator Smith of Oregon, juveniles with weapons at school;
Senator Hatch, relevant amendment;
And, five relevant amendments offered by the minority leader or
designee;
There be a managers' package of amendments to be cleared by both the
majority and minority manager;
And, that each amendment be subject to relevant second degrees.
I finally ask unanimous consent following the disposition of any or
all amendments the bill be read a third time, the Judiciary Committee
be discharged from further consideration of H.R. 3, and the Senate
proceed to its consideration; that all after the enacting clause be
stricken, and the text of S. 10, as amended, be inserted in lieu
thereof; the bill be read a third time, and the Senate proceed to a
vote on passage of the bill. I further ask that following the vote, the
Senate insist on its amendment, request a conference with the House,
and the Chair be authorized to appoint conferees on the part of the
Senate.
The PRESIDING OFFICER. Is there objection to the request of the
Senator from Utah?
Mr. LIEBERMAN. Mr. President, reserving the right to object, I regret
that on behalf of the minority leader we must object to the unanimous
consent that was just propounded. On this side Members are working to
try to find a way to make some progress on this matter and a number of
matters related to criminal justice that also need attention. So I
must, therefore, formally object.
The PRESIDING OFFICER. Objection is heard.
Mr. HATCH addressed the Chair.
The PRESIDING OFFICER. The Senator from Utah.
Mr. HATCH. Mr. President, I understand my colleague is acting on
behalf of the minority leader, as I am for the majority leader and the
Senate Judiciary Committee. But I am disappointed that Members on the
other side of the aisle do not wish to take up juvenile crime
legislation under an agreement that provides the Senate chance of
getting this done. We all know that time is short and the schedule
crowded in the last weeks of a session, and in my view, the only way we
can get this important bill done is to work in good faith to limit
amendments.
I would like to remind my colleagues that this issue, and this
legislation are not new. It has been over a year since the Judiciary
Committee completed action on S. 10, the most comprehensive reform and
reauthorization of the Juvenile Justice and Delinquency Prevention Act
in that law's 25 year history. Since the Judiciary Committee completed
action on S. 10, we have heard many suggestions on the key provisions
of this bill. Many suggestions we received were helpful, and are
incorporated in the substitute amendment. And I should note for my
colleagues that the minority has had the text of this substitute for
well over a month. The substitute is a good faith effort to respond to
the legitimate concerns of all members, and makes changes to improve
and streamline the block grant, clarify the juvenile records
provisions, and improve the anti-gang provisions while ensuring the
protection of the rights of law abiding citizens.
All of us have been shocked over the past several months, as our
nation has witnessed a series of atrocious crimes committed by
juveniles. These incidents bring home to all of us the reality of
juvenile crime. And the reality is that we can no longer sit silently
by as children kill children, as teenagers commit truly heinous
offenses, as our juvenile drug abuse rate continues to climb. FBI data
confirms the national problem of rampant juvenile violent crime. In
1996, juveniles accounted for nearly one fifth--19 percent--of all
criminal arrests in the United States. Persons under 18 committed 15
percent of all murders, 17 percent of all rapes, and 32.1 percent of
all robberies.
Our juvenile crime problem has taken a new and sinister direction. I
can imagine few acts more heinous than some of the crimes recently
committed by juveniles around the country. We seem now to be in a new
era, in which juveniles are committing sophisticated adult crimes. This
disturbing trend demonstrates the need to reform the juvenile justice
system that is failing the victims of juvenile crime, failing too many
of our young people, and ultimately, failing to protect the public.
The Senate has before it comprehensive youth violence legislation. S.
10, the Hatch-Sessions Violent and Repeat Juvenile Offender Act, was
reported out of the Judiciary Committee last year on bipartisan vote,
two to one vote. This legislation will fundamentally reform and
redirect the role played by the federal government in addressing
juvenile crime in our Nation.
S. 10 provides the framework to address the modest federal role in
reforming a system that neither protects the public nor succeeds in
preventing juvenile crime or rehabilitating the offenders. That is why,
I believe, it has the support of law enforcement organizations such as
the Fraternal Order of Police, the National Sheriffs Association, and
the National Troopers Coalition, as well as the support of juvenile
justice practitioners such as the Juvenile Judges Association, and
victim's groups including the National Victims Center and the National
Organization for Victims Assistance.
In short, S. 10 lays the groundwork for a new national approach to
the problem of juvenile crime. This is not a federal approach. Indeed,
much of S. 10, including the flexible block grant program, the reform
of the mandates under the current JJDPA, and the reform of the federal
juvenile code that applies to the handful of juvenile cases in federal
court, all take their lead from successful reforms in the states.
[[Page S9928]]
But it is past time for the federal government to adjust its
approach to juvenile crime, in order to give realistic and meaningful
assistance to state and local reforms. We simply need to pass this
bill.
S. 10 will accomplish this. The bill we wish to bring to the floor
includes a $450 million per year block grant states and local
governments can use to initiate graduated sanctions, build much-needed
juvenile corrections facilities, improve juvenile criminal records, and
fund a wide variety of prevention programs. The bill provides $100
million a year for state and local prosecutors and courts, for their
juvenile crime dockets. The bill provides $50 million per year for an
innovative prevention program run by the private sector, to help keep
our young people away from crime to start with. And the bill provides
$50 million per year for states to upgrade their juvenile criminal
records, so that police, courts, and prosecutors all have vital
information regarding the records of juvenile offenders.
And this bill beefs up federal laws against interstate gang crime, by
including a modified version of the Hatch-Feinstein Federal Gang
Violence Act. In recent years, criminal street gangs not only have
increased in size and strength, but also have become more
sophisticated. Gang activity has spread across the country at a
startling rate and is placing more and more of our people in harm's
way. Interstate and international criminal gang activity is becoming a
national crisis, and it is time for the federal government to take a
greater role in assisting state and local law enforcement efforts in
addressing these criminal enterprises.
Mr. President, some of my colleagues may suggest that this bill
inadequately funds prevention programs. This is demonstrably not the
case. And they know it. We all recognize the value of programs that
intervene in the lives of juveniles to prevent crime before it starts.
They are important. The federal government already spends about $4.1
billion a year on programs aimed at delinquent and at-risk youth. The
Hatch-Sessions juvenile crime bill adds another $2.145 billion over 5
years to these efforts. We are doing some great things through public-
private partnerships with youth groups like the Boys and Girls Clubs,
and we will continue to do this. What we need is to ensure that the
prevention programs that we have are backed up by a juvenile justice
system that takes crime seriously, and imposes real sanctions for
juvenile crime.
Mr. President, it is time for the Senate to act, and I commend the
Majority Leader for attempting to bring this bill up at this time. We
should debate this bill, debate the amendments, and vote. We have tried
for months to get a list of amendments from the minority. We have seen
nothing. Accordingly, I believe we should try to limit--in the
interests of our children and public safety--the partisan debate which
too often infects criminal justice issues. We must not let petty
politics stand in the way of fulfilling our commitment to the American
people--this matter is too important to our nation.
Mr. President, I yield the floor.
Mr. SESSIONS addressed the Chair.
The PRESIDING OFFICER. The Senator from Alabama.
Mr. SESSIONS. Mr. President, I would like to thank the distinguished
Senator from Utah, the chairman of the Judiciary Committee for his
outstanding leadership in juvenile justice and juvenile justice reform,
as he mentioned, and the other issues that come before that committee.
The distinguished chairman is a great constitutional lawyer and a great
champion of law and order.
I came to this body less than 2 years ago. I was a prosecutor for
over 15 years in my professional career. I have found myself with the
opportunities and challenges of being the chairman of the Youth
Violence Subcommittee. I made up my mind that we were not going to play
politics, and that we were going to produce a bill that would have a
practical impact and effect in a way that would reduce juvenile crime
in America. That was the goal we set out to accomplish.
We developed some excellent ideas and have worked with the Democratic
members of the committee continuously. The committee, on a 2 to 1 vote,
with bipartisan support, has cleared this bill and brought it to the
floor. I must say that I am extremely disappointed to learn today that
there will be no limit on debate on this bill.
The majority leader, Senator Lott, has a lot of important pieces of
legislation, and I have asked him to keep this bill alive, to keep it
up on the agenda so that we can have a vote on it. We want to vote on
it. But we cannot spend all of our time on this legislation, but we do
not have cooperation from the other side. We had 8 weeks of debate on
this legislation in committee, and I consider it to be the most
significant juvenile crime legislation maybe ever, certainly in the
last 20 years.
As with most meaningful pieces of legislation, there have been some
disagreements, so we worked hard, as Senator Hatch said, time and time
again to make this bill more palatable to Democratic Senators. We
modified it in several important areas. These modifications are in the
bill and would be part of the consent agreement if we could get it
today.
So I am deeply disappointed that the minority party has rejected the
unanimous consent proposal and in effect has jeopardized once again our
ability to pass a strong, effective juvenile justice bill which would
strengthen the juvenile system and actually reduce juvenile crime. We
worked in good faith with the minority and the changes we made were
designed to further accommodate them. The changes were painful and
frustrating to me, and I hated to include them, but I did so in the
hope that we could gain the kind of bipartisan support that would
ultimately lead to passage of the things that most of us who have
studied this legislation believe are critical. I am disappointed that
we have not achieved that end.
There are several important things I want to mention that are in the
bill. There is a $2.5 billion block grant program to strengthen the
State juvenile justice system. The money goes directly to the States.
And 75 percent of the money has to go to the counties where the
juvenile courts are, where the juvenile judges are overwhelmed, where
they have no juvenile halfway houses, detention centers; they do not
have money for drug testing. We need to strengthen that activity so
that that juvenile judge, when a young person comes before him or her
charged with a crime, the judge has the resources and the capacity to
intervene effectively in that child's life. And if the judge intervenes
effectively, they can perhaps change that child's direction, which is
oftentimes on the road to destruction--put them on the right path, help
get them off drugs by drug testing, place them back into school, get
mental health treatment if that is called for, and obtain the family
counseling that is so often necessary.
According to a New York Times front page article on juvenile justice,
the Chicago court system spends 5 minutes per case. How can a judge
work with that kind of caseload and workload? How can a judge work with
insufficient probation officers, insufficient detention space for the
serious offender, insufficient halfway houses, or with boot camps for
those who deserve it? How can they effectively turn the tide? They
cannot. And that is what is wrong. But I have a sense that all over
America cities and counties are coming together, demanding that we do
something about juvenile crime.
We have spent a tremendous amount of money on adult crime. We have
tripled and quadrupled our bed spaces in adult prisons. We have spent
very little on juvenile crime, when that has been the No. 1 crime
growth area in the country. This bill will encourage more spending to
correct that situation. For the first time, it will set up a
recordkeeping system that would maintain the secrecy of juvenile
records from the general public but would make these records available
to law enforcement officers. Right now they are not, amazing as it
sounds. To get records on a child, law enforcement officers have to go
out to each and every juvenile facility in the country. They cannot get
them from a national crime information center.
Drug testing is a critical event in effectively diagnosing a young
person's problems. What we require is that youngsters who are arrested
for crimes be drug tested upon their arrest. We fund that testing by
giving the States money. Then the judge can know
[[Page S9929]]
whether this child's criminality is being driven by a drug problem or
not. And if it is, they can require drug treatment.
It is an absolute tragedy that we are not able to pass this bill
today. Judge Eric Holder, Washington, DC, who wants drug testing of
everyone, said it is absolutely essential for a judge to know whether
the kids and adults coming before the court have a drug problem.
Mr. President, this bill is a professionally crafted bill. It
remains, in my opinion, an effective, solid, progressive step of
historic proportions to assist our State and local communities to
effectively deal with the growing problem of juvenile crime in America.
Based on my experience of over 15 years, I know that passing this
legislation is the right thing to do. We must continue to work to get a
vote on this bill. I will continue to listen to any suggestions for
change. Senator Hatch has continued to keep the doors open for
discussion so that we can proceed with this bill.
Frankly, I believe something is happening here, and I am just going
to say it. The bankruptcy bill came out of the Judiciary Committee 16
to 2. It is an absolutely excellent bankruptcy bill. It is not radical
in any way and has tremendous bipartisan support, however, we come down
here today and the Democratic minority members oppose even bringing it
up for consideration. The juvenile justice bill comes out of committee
with a 2 to 1 vote and the minority objects, a filibuster, and refuses
to agree to a rational compromise on debate.
It appears to me that the members of the other party are obstructing
legislation. For some reason, they do not want good legislation to
pass. We ought to be working on these bills. If there is a legitimate
difficulty, let's deal with it. I am willing to do so. But it is time
for us to pass good legislation. I don't think it is right for people
to go around talking about a do-nothing Congress when we produce good
legislation, bring it to the floor, only to have the minority object
under the rules of this body. The rules are legitimately utilized, but
the other side ought to be held accountable for obstructing good
legislation.
So, again, I am disappointed that we could not get this agreement. I
believe that we have an outstanding juvenile justice bill and I have
been honored to work with Senator Hatch and others on the committee to
produce it.
I yield the floor.
Mr. WARNER addressed the Chair.
The PRESIDING OFFICER (Mr. Bennett). The distinguished Senator from
Virginia is recognized.
Mr. WARNER. Mr. President, I thank the Chair.
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