[Congressional Record Volume 145, Number 85 (Wednesday, June 16, 1999)]
[House]
[Pages H4364-H4469]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONSEQUENCES FOR JUVENILE OFFENDERS ACT OF 1999
The SPEAKER pro tempore (Mr. Kolbe). Pursuant to House Resolution 209
and rule XVIII, the Chair declares the House in the Committee of the
Whole House on the State of the Union for the consideration of the
bill, H.R. 1501.
{time} 1218
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 1501) to provide grants to ensure increased accountability for
juvenile offenders, with Mr. Thornberry in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from Florida (Mr. McCollum) and the
gentleman from Michigan (Mr. Conyers) each will control 30 minutes.
The Chair recognizes the gentleman from Florida (Mr. McCollum).
Mr. McCOLLUM. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I rise this morning in strong support of H.R. 1501, the
Consequences of Juvenile Offenders Act of 1999. On a day when there may
be more than occasional partisanship, I think it is important to note
that the base text for our deliberations today and the base text for
what we will probably be considering tomorrow and maybe even the next
day is truly bipartisan.
Indeed, all the members of the Subcommittee on Crime, Republican and
Democrat alike, are original cosponsors of this bill, as are the
gentleman from Illinois (Mr. Hyde) and the gentleman from Michigan (Mr.
Conyers), the chairman and the ranking member of the full Committee on
the Judiciary.
Mr. Chairman, this legislation is the outcome of years of field
hearings, committee hearings and earlier legislative efforts. It
reflects the input of countless men and women who are daily in the
trenches of juvenile justice around the country; the juvenile court
judges, probation officers, prosecutors, police officers and educators
who have the tremendous challenge of trying to make juvenile justice a
reality by redirecting the lives of troubled youngsters into productive
paths.
Perhaps most importantly, this legislation responds directly and in a
positive common sense way to the central question that we are all
grappling with today. What can we do about youth and violence? How can
we, as legislators, contribute to safer, healthier communities for our
kids and our families?
Our youth are America's finest resource. We have an obligation to
protect this valuable national treasure. As a Congress, we may disagree
on how to accomplish this objective. However, we are all focused on one
thing. We must protect our young people.
Mr. Chairman, the tragic events at Columbine High School on April 20
have left us all asking tough questions, looking for real answers. The
senseless suicidal rampage by those two teenagers leading to the brutal
deaths of 12 of their classmates and one teacher cast a fearful shadow
over our country.
As a father of three sons, one of them a high school graduate only
three weeks ago, my wife and I have known the weighty concerns of
school violence and, sadly, I think we all know that the determined
acts of individuals on a massacre and suicide mission are rarely
preventable through even the best of laws.
We have now learned that these two teenagers felt rejection by their
peers, were filled with hatred and had been planning their violent
massacre and suicide for a year. It seems to me that the key to
preventing such tragedies is to foster and strengthen those values and
convictions that make even contemplating such madness inconceivable.
Yes, our Nation's laws do play a part in fostering such values, but I
think the role our laws play in all of this pales in comparison to the
combined roles of family, churches, civic institutions and the media.
These are what truly shape the character of our youth.
This very important point was eloquently made at the Subcommittee on
Crime hearing last month by Darrell Scott, whose daughter Rachel was
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killed in the Columbine shooting and whose son Craig was wounded there.
Mr. Scott said, and I quote, no amount of gun laws can stop somebody
who spends months planning this type of massacre.
As we begin consideration of measures to better protect our children
on the school grounds, playgrounds and the streets of America, and to
stop the violent youth movement that seems to be going on in this
country, we need to put our endeavors and the tragedy of Columbine in
perspective. The vast majority of our teenagers are healthy, bright
kids who have been instilled with basic values and in our great, free
Nation will have the opportunity to have a good education and seek to
achieve their highest aspirations.
There are an alarming and growing number of disturbed and often
rejected and isolated youth who are turning to violence, which is not
only self-destructive but puts at risk all of our children. Our job is
to understand the causes of this youth violence, and while recognizing
their limits use our laws in a constructive manner to help our families
and communities identify and redirect these disturbed teenagers before
they engage in some violent and tragic act.
Mr. Chairman, since the tragedy at Columbine, many have focused
almost exclusively on restricting teenagers' access to guns and gun
control. I share virtually everyone's belief that no child should have
access to a gun. No doubt, some of our gun laws are too lax and
loopholes need to be closed, and we will properly address these matters
in the next day or two.
It is also true that gun laws already on the books have not been
adequately enforced by the Justice Department, but youth violence is
about a whole lot more than gun issues and we do a disservice to the
American public and our children if we fail to recognize and address
the more fundamental underlying causes of teenage violence.
Lack of proper parental attention, lack of discipline and
overcrowding in our schools, exposure to repetitive, extreme violence
on television, in the movies, in video games and over the Internet, and
a broken juvenile justice system are among the root causes of this
epidemic of juvenile violence.
Of all of these, the one that by legislation we can have the most
impact on is repairing our Nation's broken juvenile justice system,
which is the subject of the base text of H.R. 1501; and yet all of the
debate, since Littleton, in all of this time, this bipartisan product
which sociologists and expert after expert have told us is one of the
most crucial and important steps that we can take to protect America's
children, has gone virtually unnoticed.
In most of our urban and suburban communities today first-time
teenage vandalism goes unpunished. Police who catch kids slashing
tires, key scratching cars or spray painting graffiti on warehouse
walls often do not even take these kids before juvenile authorities
because they do not expect that they will receive any
meaningful punishment. This is so because our juvenile courts around
the Nation are overworked and understaffed. There simply are not enough
juvenile judges, probationary officers, diversion programs and
detention facilities.
Most of our juvenile courts are focused principally on repeat
offenders and the very bad. As a result, the kids do not get the
messages that there are any consequences for their criminal acts. These
kids do not get disciplined at home or in the school or in the juvenile
justice system.
Juvenile judges, probation officers, police officers, educators and
sociologists have all told the Subcommittee on Crime again and again
that kids who receive little or no consequences for their misbehavior
are far more likely candidates for teenage violence as they get older.
H.R. 1501 addresses this problem. It establishes a grant program over
3 years to provide much needed resources to State and local juvenile
justice systems to help them do more to focus on the youthful first-
time offender. It goes to the States based upon their population and
their rate of juvenile crime. They can use this money any way they see
fit to improve their juvenile justice systems, including hiring more
judges or probation officers or creating more diversion programs or
building more juvenile detention facilities, or providing more safety
measures in schools.
It ties these additional resources to graduated sanctions, an
approach that seeks to ensure meaningful proportional consequences for
juvenile wrongdoing, starting with the first offense and intensifying
with each subsequent, more serious offense. Each State's funding would
be based on its juvenile population.
I want to make this point very clearly. There is only one condition
that States must meet in order to receive the funds under this program,
and that is to establish a system of graduating sanctions. The system
must ensure that sanctions are imposed on juvenile offenders for the
very first offense, starting with the first misdemeanor, and that
sanctions escalate in intensity with each subsequent, more serious
delinquent offense.
Common sense and research both make it clear that ensuring early
appropriate sanctions for wrongdoing is the best way to direct
youngsters away from a life of crime and into a life of productive
citizenship.
At the same time, the bill calls for graduated sanctions. It provides
flexibility. It ensures that a court's disposition is tailored to the
individual juvenile. It allows for the imposition of graduated
sanctions to be discretionary. That is, a State or locality can still
qualify even if its system of graduated sanctions allows juvenile
courts to opt out. The bill simply provides that when there are such
opt-outs a record must be sent at the end of the year explaining why a
sanction was not imposed. This is working well in certain States and
localities and is not an undue burden.
The juvenile justice systems of the Nation are principally a State
responsibility. The Federal Government cannot begin to adequately fund
these long neglected programs, but we can provide the seed money in the
incentive grants in H.R. 1501 that will hopefully stimulate all 50
States to repair their broken juvenile justice systems. There is
nothing more important to addressing the question of child safety and
youth violence that we can do today than to pass this bill.
{time} 1230
I am convinced that whatever else we do in the next couple of days,
it will pale in comparison to the significance of enacting this base
bipartisan bill that was drafted long before Littleton.
Holding youth accountable for their acts, giving them consequences,
is the best prevention possible that we as legislators can enact to
stop the flood of youth violence and restore a safe environment for our
children in our schools, on the playgrounds, and on our streets.
Mr. Chairman, meaningful juvenile justice reform is within our reach.
Our young people deserve nothing less.
Mr. Chairman, I reserve the balance of my time.
Mr. CONYERS. Mr. Chairman, I yield myself as much time as I may
consume.
(Mr. CONYERS asked and was given permission to revise and extend his
remarks.)
Mr. CONYERS. Mr. Chairman, I am deeply disappointed to see the
abandonment of bipartisanship with reference to the juvenile justice
legislation, that we abandon the orderly process to pursue legislation
by ambush, and abandon our commitment to the American people, and
follow instead the lead of special interests.
Now, how do we know the Republican majority has played politics with
juvenile justice? They now advocate policies that, just weeks ago, they
even acknowledged lack merit. In March, the Subcommittee on Crime
chairman stated, ``Taking consequences seriously is not a call for
locking all juveniles up, nor does it imply the housing of juveniles,
even violent hardened juveniles, with adults. I for one am opposed to
such commingling.''
Yet, today, the majority is pushing legislation which tries more
children as adults, houses more juveniles as adults, imposes a whole
slew of new mandatory minimum penalties, and, yes, the death penalty
that Republicans shunned only a month ago and which clearly will not
work.
What is really extraordinary about these proposals is just how
meaningless they are. There are fewer than 150 prosecutions in the
Federal system each
[[Page H4366]]
year, and such changes are likely to affect only a small percentage of
these cases.
So these proposals do not represent serious attempts at legislation.
Rather, they are a transparent attempt to legislate by sound bite and
kill a bill that they themselves only recently agreed was the best
approach to juvenile justice.
Housing juveniles in adult prison facilities means more kids likely
to commit suicide, to be murdered, physically or sexually abused, than
their counterparts in juvenile facilities. As a matter of fact,
children in adult jails or prison have been shown to be 5 times more
likely to be assaulted and 8 times more likely to commit suicide than
children in juvenile facilities.
So the repeated studies of prosecuting juveniles as adults indicate
that rather than serving as a deterrent to juvenile crime, prosecuting
more juveniles as adults merely leads to greater and more serious
recidivism.
If we are truly interested in juvenile justice reform, we must begin
by rejecting unprincipled amendments allowed by the rule that would cut
the heart out of this bill and stick to the principles of H.R. 1501.
This was the bill produced by a bipartisan process, unanimously
approved by the Subcommittee on Crime.
In the wake of the recent school tragedies in Littleton, Colorado,
Conyers, Georgia, and other places, the American people now deserve and
expect reform. We cannot and should not allow false arguments about
getting tough on crime and prosecuting juveniles as adults to prevent
us from achieving these important goals.
Let us carefully review and reject most of these amendments that will
send us further backwards instead of moving us forward as the American
people would wish.
Mr. Chairman, I reserve the balance of my time.
Mr. McCOLLUM. Mr. Chairman, I yield myself 30 seconds.
Mr. Chairman, if I might, I want to make sure it is very clear that
the gentleman from Michigan (Mr. Conyers), despite his criticism and
concern about pending amendments, he does and has all along supported
this underlying bill, H.R. 1501, that is out here right now, unamended.
Am I not correct?
Mr. CONYERS. Mr. Chairman, if the gentleman will yield, he is
absolutely correct. We support H.R. 1501. But we have never had
hearings on any of the other accompanying amendments.
Mr. McCOLLUM. Mr. Chairman, reclaiming my time, I just wanted to make
the point again that we start today with a very bipartisan product that
Democrats, Republicans alike, support on juvenile justice.
Mr. Chairman, I yield 5 minutes to the distinguished gentleman from
Texas (Mr. DeLay), the majority whip.
Mr. DeLAY. Mr. Chairman, I appreciate the gentleman from Florida
yielding me this time.
Mr. Chairman, I just think it is sort of ironic that the very ones
that wanted us to come straight from the Senate with a bill to the
floor with no consideration are now complaining because there was not
enough consideration.
Mr. Chairman, I just want to say that the truth will make us free if
we admit what the truth is. Every once in a while, I read something or
hear something that blows away all that smoke that clouds a particular
issue. A letter written by a Mr. Addison Dawson to the San Angelo
Standard-Times is just such a statement. In fact, after I make this
statement, I do not think anybody else needs to speak. We just need to
vote.
The following is Mr. Dawson's letter, which Paul Harvey read on his
radio show: ``For the life of me, I can't understand what could have
gone wrong in Littleton, Colorado. If only the parents had kept their
children away from the guns, we wouldn't have had such a tragedy. Yeah,
it must have been the guns.
``It couldn't have been because half our children are being raised in
broken homes. It couldn't have been because our children get to spend
an average of 30 seconds in meaningful conversation with their parents
each day.
``After all, we give our children quality time. It couldn't have been
because we treat our children as pets and our pets as children.
``It couldn't have been because we place our children in day care
centers where they learn their socialization skills among their peers
under the law of the jungle, while employees who have no vested
interest in the children look on and make sure that no blood is
spilled.
It couldn't have been because we allow our children to watch, on
average, 7 hours of television a day filled with the glorification of
sex and violence that isn't even fit for adult consumption.
``It couldn't have been because we allow (or even encourage) our
children to enter into virtual worlds in which, to win the game, one
must kill as many opponents as possible in the most sadistic way
possible.
``It couldn't have been because we have sterilized and contracepted
our families down to sizes so small that the children we do have are so
spoiled with material things that they come to equate the receiving of
the material with love.
``It couldn't have been because our children, who historically have
been seen as a blessing from God, are now being viewed as either a
mistake created when contraception fails or inconveniences that parents
try to raise in their spare time. It couldn't have been because we give
2-year prison sentences to teenagers who kill their newborns.
``It couldn't have been because our school systems teach the children
that they are nothing but glorified apes who have evolutionized out of
some primordial soup of mud.
``It couldn't have been because we teach our children that there are
no laws of morality that transcend us, that everything is relative and
that actions do not have consequences. What the heck, the President
gets away with it.
``Nah, it must have been the guns.''
Mr. CONYERS. Mr. Chairman, I am pleased to yield 5 minutes to the
gentleman from Massachusetts (Mr. Frank), the senior member of the
Committee on the Judiciary.
Mr. FRANK of Massachusetts. Mr. Chairman, this has been a hard bill
to follow because the majority has been kind of playing a legislative
shell game. We started with this bill and that bill, and this bill
became part of that bill, and that bill went into that bill, and this
amendment was pulled out to be offered by a Member who might have a
little political difficulty.
So I am not familiar with everything that is in here. But after
listening to the majority whip, I have to read it more closely, because
I may have missed the part in which we ban the teaching of evolution.
I know we have had a lot of discussion of what was causing the
problems here, but I just heard the majority whip say it was Charles
Darwin's fault. It is apparently evolution. It is teaching children
that they are the products of evolution that is the cause of this.
So I will have to watch more carefully for the amendments when we get
the amendment of the gentleman from Texas (Mr. DeLay), the majority
whip, correcting the teaching of evolution.
I have to say, as I listened to him, I have not heard such an angry
denunciation of the American people since SDS used to pick at me 30
years ago. I guess there is a degree of anti-Americanism here that I
had not anticipated. It is the American people's fault. They are
involved in family planning. They are teaching evolution. They are
doing all these things.
Plus, I guess somebody ought to arise to defend the States. The
gentleman from Florida (Mr. McCollum) said the States' juvenile justice
is broken down. The gentleman from Texas (Mr. DeLay) is mad at the
States. The poor States. I guess the States rights movement we should
officially inter today.
What we have today is an announcement. Hey, States, you do not know
to handle your local criminal business. We, the all-knowing Congress,
will take care of it. So we will abolish the teaching of evolution, and
we will diminish States rights, and we will solve the problem.
I guess I wished they had stopped at that, though, because I am now
looking at the amendment that has been made in order by the gentleman
from Illinois (Mr. Hyde), the chairman of the committee, and I must say
I am impressed by the gentleman's discretion. I have not seen him here
all morning. I am not surprised that he does not want to be associated
with all of this.
But the gentleman's amendment, I was going to ask, Mr. Chairman, if
we
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could have the debate on the Hyde amendment after 10 o'clock tonight. I
know we are going to be in late. As I read this amendment, I do not
think it is a fit subject to be discussing when children are listening.
There are some graphic physical descriptions here of the human body
that I do not know that we will want to talk about.
I must say, I think if anybody simply read this bill on the floor of
the House during family viewing hours, if it were not for our
constitutional immunity of which we have really heard, he or she could
be in trouble. But I have some problems.
It does say that one cannot show, for instance, and it includes
sculpture. One cannot show sculpture of the breast below the top of the
nipple. I have seen some statues which I think do that. Now, it says
one cannot show them to a minor. So I guess we are going to start
having 17 or over only into sculpture gardens.
One cannot show other physical parts. I suppose old enough statues to
have parts broken off may be okay. But intact statues are probably
going to be a problem. We are discriminating against modern sculptures
because one can only show these kids a statue that has fallen apart.
It says one cannot show to someone under 17 a narrative description
of sexual activity. I guess Mr. Starr may be in trouble. I do not know
about his prosecutorial immunity. But as I read the Hyde amendment, we
will have to stop selling the Starr report.
Now, it does say it is okay to sell it if it has serious literary,
artistic, political, or scientific value. I guess in the case of the
Starr report, people thought it was going to have some political value
for their side. It turned out not to have any.
But if someone under 17 read that because of his or her prurient,
shameful, or morbid interest, so now we are outlawing shameful
interest, it is not shown. I mean, this is really very, very serious.
The problem is this, the original version of this sweeping censorship
was introduced on June 8. No unit of the House Committee on the
Judiciary has been able to vote on it, to amend it, to study it. We
now, 8 days later, have a new version. I think it is about the third
version.
We are no longer going to mandate that every seller of recorded music
in America give out copies of the lyrics. Congress is only going to
recommend this to every retailer in America in our infinite wisdom and
disregard for local autonomy.
{time} 1245
I do not think we understand this fully. This is a broad assault on
the first amendment. We cannot show in here, for instance, physical
contact with a person's clothed buttocks. So all those pats of
congratulations in athletic contests I guess we will have to avert the
cameras for. Now, maybe that is not true, but there is nothing in here
that says it is not.
Mr. Chairman, I understand the political bind the other side is in,
but to use the first amendment to get out of it on 8 days notice is
very inappropriate.
Mr. McCOLLUM. Mr. Chairman, I yield such time as she may consume to
the gentlewoman from Washington (Ms. Dunn).
Ms. DUNN. Mr. Chairman, I thank the gentleman for yielding me this
time, and I also want to thank the chairman for working with me in this
last year and including the Schoolyard Safety Act in the outlines of
this bill.
After the shooting in Springfield, Oregon, the gentleman from Oregon
(Mr. DeFazio) and I teamed up to introduce this legislation, the
Schoolyard Safety Act, which provides a 24-hour holding period for
students who bring guns to school.
In my State, these students are automatically expelled, but the
Schoolyard Safety Act would also require that they be detained. This
holding period is incredibly important. It provides for the protection
and the safety of both our children in the classroom and relatives at
home who might be targets of the student's anger, as happened in the
Springfield, Oregon, shooting. It also provides an intervention for
those juveniles who bring a gun to school but who may need mental
health treatment or counseling.
Yesterday, I had a visit from some very special women in my district.
They belong to a group called Mothers Against Violence in America.
There was a young woman and her mother in this group. The young woman,
Rachel, was shot at Garfield High School in Seattle, Washington. The
other mothers who came to my office had lost sons or daughters in
school shootings, including one mother whose son was killed in the
school shooting in Moses Lake, Washington. And these women are the
reason that the gentleman from Oregon (Mr. DeFazio) and I introduced
the Schoolyard Safety Act and why I worked so hard to get this 24-hour
holding provision into the juvenile justice bill.
In addition to this effort at the Federal level, the State of
Washington recently passed a new law requiring a 24-hour holding period
for young people who bring guns on to school grounds. I simply in this
colloquy, Mr. Chairman, want to thank the chairman and clarify this new
Washington State law will be consistent with the provisions that are
included in this bill.
Mr. McCOLLUM. Mr. Chairman, will the gentlewoman yield?
Ms. DUNN. I yield to the gentleman from Florida.
Mr. McCOLLUM. Mr. Chairman, I would certainly say that they are
consistent. The gentlewoman has done admirable service in providing the
base legislation of what she has just described, and that under the
various purposes that a State or local community is allowed to use the
grant money in 1501 to improve the juvenile justice system, those
purposes would include those which she has described in her
legislation. They would be included particularly under the 13th
provision in the present bill.
Ms. DUNN. Mr. Chairman, I thank the gentleman for those assurances.
Mr. CONYERS. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from Michigan (Mr. Barcia).
Mr. BARCIA. Mr. Chairman, I thank the gentleman, my colleague from
Michigan and the ranking member, for yielding me this time.
I am pleased to see the level of interest in juvenile justice on this
floor today. I strongly support these efforts to address the increasing
problems of youth violence. With an estimated 1500 gangs and 120,000
gang members, juvenile crime is a genuine concern and it is critical
that the Congress address this issue.
For a number of years, we have supported providing funds to the Boys
and Girls Clubs of America, which have been so instrumental in keeping
kids off the streets and out of trouble. Since 1995, $95 million has
been provided by Congress to help expand the program to reach as many
children as possible. And I am proud to say that much of this money
came about because we in the Congress fought for it. We did put our
money where our mouth is.
I would like to especially thank the gentleman from Kentucky (Mr.
Rogers), the gentleman from West Virginia (Mr. Mollohan), and members
of the Subcommittee on Commerce, Justice, State, and Judiciary of the
Committee on Appropriations who not only supported these funds but
fought to increase the amount we provide to this incredibly successful
program.
As a result of our support, and through the dedicated efforts of
Robbie Calloway, Senior Vice President for the Boys and Girls Clubs of
America, four new clubs have opened each week for the past 3 years, and
an additional 200,000 young people were served each year.
Certainly we all know that young people need meaningful and caring
guidance. They need to find outlets that help insulate them from
inappropriate peer pressure, while at the same time work to change the
culture that results in that inappropriate peer pressure. Programs like
the Boys and Girls Clubs have made a difference, and we can do much
more if we help them.
Some of my colleagues have worked with me on this issue in the past,
and I welcome all of those others who join us today in a constructive
effort to be sure that our young people have the right opportunities to
be productive individuals.
Mr. McCOLLUM. Mr. Chairman, I yield 5 minutes to the gentleman from
California (Mr. Rogan), a member of the committee.
Mr. ROGAN. Mr. Chairman, I thank the chairman of the Subcommittee on
Crime for yielding this time to me.
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Mr. Chairman, the halls of Congress are hallowed. The men and women
who preceded us left a legislative heritage for the ages: landmark
civil rights legislation, education reform bills, declarations of war
and of peace. Often these bills opened doors paving the way for great
change in our country. Today, we come together knowing that our work on
juvenile justice may well save lives in the future, but it regrettably
cannot change the outcome of recent tragedies in our Nation's schools.
While the wounds inflicted in Littleton and Conyers still leave us
reeling, we can do something now. We can join together with schools,
churches, parents and students to work to prevent similar tragedies
from ever again occurring. As we move forward this morning, I echo the
sentiments of the distinguished chairman of the Committee on Rules, who
yesterday reminded us that our legislative focus must be to protect our
Nation's students now and in the future.
Young people today are required to work harder and learn faster. They
grapple with more than we ever did at their age, yet they still make
time for their faith, their families and their neighborhoods. The
isolated tragic headlines aside, young people give us hope. Today,
Congress is called upon to act in their name.
Mr. Chairman, I am proud to join with the distinguished chairman of
the full Committee on the Judiciary, and the distinguished chairman of
the Subcommittee on Crime to support this important legislation.
H.R. 1501 will attack the problem of youth violence at the source.
This bill will send the resources of the Federal Government directly to
State and local officials and bypass unnecessary bureaucracies. This
legislation will empower local officials to hire more prosecutors, more
counselors and more intervention experts. It will provide for
additional law enforcement training, drug rehabilitation programs, and
innovative school safety programs. This legislation will also provide
resources for correctional facilities.
Mr. Chairman, for 10 years I was a prosecutor and a judge in Los
Angeles County. I saw more often than I prefer to recall the effects of
violence in the home, in the schools and on our streets. It is right to
punish criminals swiftly and severely to send a message that this
violence will not be tolerated. But we must not stop there.
We must attack youth violence from all fronts. One of the best ways
we can do this is at the local level. ``Band-Aid'' Federal bureaucratic
policies are worth little when violence infects a local community. H.R.
1501 gives local experts the tools to ensure safe schools and safe
communities.
Communities are working together to beat the problem of drugs and
gangs and violence. I have seen local programs that give me hope, from
the Hillsides Home in Pasadena to the after-school programs at the
Burbank YMCA in my district. Neighborhoods are teaming with schools and
teachers who work with students to ensure that they appreciate the
effects of antisocial behavior before it escalates into tragedy. This
proposed legislation empowers these programs and will give State and
local programs new weapons in their violence prevention arsenals.
Mr. Chairman, the Consequences for Juvenile Offenders Act received
broad bipartisan support in committee and is supported by families
across this country. I support it as a member of the Committee on the
Judiciary, as a Member of Congress, but most importantly I support it
as the father of two young children. I look forward to seeing this bill
make its way to the President's desk. I urge my colleagues to join us
today to support this landmark legislation.
Mr. CONYERS. Mr. Chairman, I yield 3 minutes to the gentleman from
Virginia (Mr. Scott), the ranking member of the subcommittee, who is
the coauthor of the underlying bill, H.R. 1501.
Mr. SCOTT. Mr. Chairman, I would like to point out that 1501 was
actually cosponsored by all of the members of the subcommittee, both
Democratic and Republican, and it came through a deliberative process.
We had hearings and discussions about what needed to be done to
reduce juvenile crime. We had hearings, and in one hearing judges and
advocates and researchers pointed out that graduated sanctions would be
very helpful to judges in helping with the reducing of juvenile crime.
What they said was that many judges are relegated to a choice between
incarceration and probation with very little in between, and what they
needed were other services and punishments that could be
individualized. In the bill it says that drug rehabilitation and
counseling and community services and other punishments could be used
and funded through this bill, and that the punishment or additional
services had to be individualized for the particular child. That is the
bill. That is what went through the regular order of hearings and
subcommittee markup, and it was unanimously adopted.
Now look at where we are. We are considering additional amendments
that did not go through the regular process. And the reason they could
not have made it through the regular process is they could not have
withstood scrutiny.
Look at the idea that we are going to try more juveniles as adults.
That is in one of the amendments. It ignores the studies. We have many
studies that show that the adult time that they would get in adult
court would actually be shorter than the juvenile time. All of the
studies show that the crime rate will go up if we treat for juveniles
as adults. We could not have gone through a regular process with that,
because it would have been defeated in the committee. But if we are out
here just slinging sound bites at each other, then obviously there is a
chance of getting that provision through.
Like mandatory minimums. We could not get that through a regular
process because we would have to defend against the studies, like the
RAND study that showed that mandatory minimums are a waste of the
taxpayers' money. There is a lot we can do with the taxpayers' money
other than mandatory minimums if our goal is to reduce crime. Also,
that attacks the very foundation of what we heard in subcommittee, and
that is that the punishment must be individualized to the particular
child. Mandatory minimum is a one-size-fits-all. This is what everybody
gets regardless of the particular needs.
Then we add on to that all the constitutional amendments posing as
amendments to a bill that have significant speech and religious
implications. None of those received deliberation.
We ought not consider this kind of legislation; sound bites going
back and forth without any deliberation. We started out and ought to go
back to the original bill, 1501, and after that the bipartisan bill
that was reported out of the education subcommittee, 1150, and stick
with those rather than this process that is totally out of control.
Mr. McCOLLUM. Mr. Chairman, may I inquire how much time remains on
each side?
The CHAIRMAN. The gentleman from Florida (Mr. McCollum) has 10
minutes remaining; and the gentleman from Michigan (Mr. Conyers) has
15\1/2\ minutes remaining.
Mr. CONYERS. Mr. Chairman, I yield 3 minutes to the gentlewoman from
California (Ms. Waters), a member of the Committee on the Judiciary and
the past chairperson of the Congressional Black Caucus.
Ms. WATERS. Mr. Chairman, I would like to commend the gentleman from
Michigan (Mr. Conyers), our ranking member, and the gentleman from
Virginia (Mr. Scott) for the tremendous work they did in the Committee
on the Judiciary on H.R. 1501 to really put forth before this House a
real bill to deal with the problems of young people and the juvenile
justice system.
Unfortunately, it is now all threatened because there is some attempt
to try and divert people's attention away from the gun safety issue and
to literally take this piece of legislation and pile on it everybody's
wild thoughts about every issue that they have been concerned about, I
guess, all of their lives.
We have people who would destroy the Constitution by piling on here
all kinds of amendments that will undermine our first amendment rights.
We have people who have decided they are going to take this bill and
force the Ten Commandments to be posted somewhere. We have every kind
of thought in over 40 amendments piled on top of this bill that will
simply destroy the bill.
[[Page H4369]]
{time} 1300
The American public and families want some assistance. They want some
help. We can do a better job of crime prevention. And we do not need to
do it with these kinds of outrageous amendments, nor do we need to talk
about locking up young people and killing them with mandatory minimum
sentencing. I think we are better public policymakers than that and we
can do a better job.
I think the New York Times got it right when it said, ``Republican
mischief on gun control.'' What they basically describe is how they
have undermined the system of this House and how they have confused
everybody, divided these bills, taken a good bill and destroyed it, and
they are attempting to do the work of the NRA with a second bill where
they will water down what was done on the Senate side.
This is outrageous. We should not have to put up with it. We should
not destroy the work of the committee that was done in order to have a
good juvenile justice bill. And we need to stop it right now. We need
to stop it. We need to take the juvenile justice bill that was heard in
committee and hear it and pass it out without all of these amendments,
and then we need to deal with the gun safety legislation coming from
the Senate side and vote it up or down.
I am absolutely outraged by the idea that mandatory minimum
sentencing for 13- or 14-year-olds in this bill would create not only
new Federal crimes but simply take away the discretion of judges, lock
up kids 14 years old, put them in the Federal system, create more
people in our prisons, and do nothing to reduce crime.
We know what mandatory minimum sentencing is doing. It is simply
filling up the prisons and throwing away America's youth. We can do
better than this. This is outrageous. Please do not let them get away
with this.
Mr. CONYERS. Mr. Chairman, I yield 3\1/4\ minutes to the
distinguished gentlewoman from Texas (Ms. Jackson-Lee).
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. Mr. Chairman, I think it is important to
focus on what we are trying to do here on behalf of America's children.
So many of us have gathered around these issues in our capacity as
members of the Committee on the Judiciary, members of organizations
that promote children's issues. I work with Members who are interested
in children's issues on a national level, Members of Congress who have
joined together in the Congressional Children's Caucus.
Just a week ago, many of us spent time with Mrs. Tipper Gore, with
individuals from around this Nation, in the first ever in the history
of this Nation's White House Conference on Mental Health. I co-chaired
the meeting section that dealt with children's mental health.
It was clear there by experts from around the Nation that there were
other ways to address the concerns of our troubled youth throughout
this country. I was gratified that, even before that conference and the
wisdom of Mrs. Gore, the excellence of that conference, the focus on
children, the deliberation around children and providing resources to
listen to children, as was told to many of us who engaged our young
people in our districts, went to the schools, that we had to do
something other than locking children up.
We know the tragedy of Eric Harris and his associate and the tragedy
of Columbine. But we also know the tragedy of killing young people in
our urban centers for years and years. And clearly, we find out that
trying juveniles as adults will suggest not a decrease in crime but an
increase in crime. It endangers kids. It federalizes State juvenile
offenses.
When we went through the committee process, it was very clear that
the myriad of studies and witnesses on H.R. 1501 told us that locking
up juveniles in Federal penitentiaries was not the way to solve the
problem. They are subject to rape and abuse. It is tragic.
I thought that we had a meeting of the minds that would focus us on
prevention programs like athletics and mentoring programs, job
training, community-based activities such as the Fifth Ward Enrichment
Program that takes children out of inner-city Houston and gives them an
opportunity, inasmuch as they will be traveling to Africa this summer,
giving them an incentive to be something else.
I thought that we had focused ourselves on mental health resources,
guidance counselors, school nurses, and individuals who are available
to listen to children, hot lines. I thought that we could work on the
study by the Surgeon General to determine whether or not our children
are torpedoed with violent entertainment and so we could come up with
reliable solutions. I thought that we would understand, as we had done
before, that prisons, Federal prisons, and juveniles do not work.
Unfortunately, we have an amendment offered by the chairman of the
Subcommittee on Crime, with whom I have worked and who I have respect
for, that takes all of our opportunity to solve these problems, deal
with violence and guns, and particularly this 1501, away from us. It
locks up our juveniles. It throws away the key. And it does not focus
us on rehabilitation and preventive programs.
I rise here today to speak in support of the Juvenile Justice bill,
H.R. 1501, the Consequences for Juvenile Offenders Act of 1999. This
bill was a bipartisan effort in the Judiciary Committee. I am a
cosponsor of this bill, which passed unanimously out of the
Subcommittee on Crime.
H.R. 1501 offers a balanced approach that encompasses both punishment
and prevention of juvenile offenders. We must enact stiff penalties for
repeat violent offenders, but we must not forget the needs of other
youth who can be rehabilitated through means other than punishment.
I am a strong supporter of prevention programs for young people who
are risk. I believe that these programs--after school athletics,
mentoring programs, job training, community-based activities and mental
health services are vital to keeping children away from crime.
There is strong evidence to support that prevention programs work.
Athletic programs prepare young people for success in life through
encouraging teamwork, leadership and personal development. Mentoring
programs pair young people with adults who work to encourage
individuals to develop to their fullest potential.
Job training programs instill responsibility and encourage a strong
work ethic. Community-based activities encourage respect for others and
the local environment.
Each of these prevention methods provide alternatives to criminal
activity. If young people are taught to respect themselves and their
communities, they are less likely to get involved in violent behavior.
I am particularly interested in providing more mental health services
for children. Mental health programs that screen, detect and treat
disorders are crucial to preventing children from ending up in the
juvenile justice system. Almost 60% of teenagers in juvenile detention
have behavioral, mental or emotional disorders.
It is estimated that two-thirds of all young people are not getting
the mental health treatment they need. There are 13.7 million or 20% of
America's children with diagnosable mental or emotional disorder. These
disorders range from attention deficit disorder and depression to
bipolar disorder and schizophrenia.
We also need to put mental health professionals in the schools--
counselors, psychologists and social workers that can help recognize
the needs before it is too late. I am currently working on a bill that
will place mental health services in the schools. By making these
services available in the schools, we can spot mental health issues in
children early before we have escalated incidents in the schools.
Each of these methods of prevention provides alternatives to simply
warehousing juveniles in prison. Again, we clearly want to send a
message to America that we want to develop productive, responsible
citizens. Young people who commit violent crime must be punished, but
we must do our part to make crime unattractive.
Given the recent violent incidences in Littleton, Colorado and
Conyers, Georgia, the time could not be more urgent for this Congress
to pass this legislation.
This debate should be centered on how we can save our children from
violence and from committing violent acts. This legislation is a first
step in that direction.
This first step gives us the chance to offer some solutions for
preventing crime. It also enables us to articulate punishments for
violent offenders. But, alone this bill is not enough. We also need to
adopt provisions that will address the issue of guns in the hands of
our children and the effect of our popular culture.
I thank you for the opportunity to speak on this bill. As I stated
earlier, I was an original
[[Page H4370]]
cosponsor of this legislation in the Subcommittee on Crime. It is
unfortunate that we were unable to present this bill through the proper
Committee channels, namely through a markup.
However, we must use this opportunity to pass meaningful Juvenile
Justice legislation. We cannot afford to waste this opportunity. If we
do, it could be a matter of life and death for our children.
Mr. McCOLLUM. Mr. Chairman, I yield 5 minutes to the gentleman from
Arkansas (Mr. Hutchinson), a distinguished member of the committee.
Mr. HUTCHINSON. Mr. Chairman, I thank the gentleman for yielding me
the time. I want to express my deep appreciation to him for his
leadership on this very, very important issue.
Before I go into the substance of the legislation, I want to respond
first of all to the gentlewoman from California who put out the idea
that, under this legislation, there is going to be mandatory minimums
for 13- and 14-year-olds that are going to go to prison. And the
gentlewoman from Texas raised, basically, the same argument that we
cannot lock up juveniles.
And, of course, that is not in the base bill that we are speaking of
today, but it will be offered later on in an amendment. But that
amendment, which the chairman certainly can address more appropriately
than me, it requires before there is any prosecution of a juvenile in
the Federal system that the Attorney General of the United States has
to approve that.
I believe, whether it is Attorney General Janet Reno or another
attorney general, that they would use their discretion very carefully
so that, in the normal case where we have got a delinquent juvenile,
that they are going to be handled in the juvenile court system, as they
always have been.
So I think we have to be careful in this debate not to go down that
path of fear of just putting out that we are going to be locking up
juveniles, because that is not the design of this.
We are getting ahead of ourselves in this debate. We need to come
back to the accountability block grant proposal that is in H.R. 1501.
There are going to be a number of amendments that are going to be
offered down the road. In fact, I had my staff put together the whole
stack of them. It is going to be a fair debate. The Democrats offered
amendments. The Republicans offered amendments.
The will of this House will work, just like we did in campaign
finance reform, when there were over 200 amendments offered. I believe
that is how democracy works, and we will be able to work that through
the will of this House with what I believe will be a very good product.
If people do not like an amendment, they get to vote against it. If it
is something that is good, they get to vote for it.
Now let us come back to what is very, very important; and that is
what the gentleman from Florida (Mr. McCollum) has prepared for us in
this bill, the juvenile accountability block grant proposal.
First of all, it deals with the serious problem of violent juvenile
crime. It gives the flexibility to the States to address this issue. It
gives resources to them. We all want to deal with the problem of
violence, as we saw in Columbine High School in Colorado.
One of the problems, I think, about that difficult circumstance of
the probation officer who had these young people to deal with who were
errant, who were a problem and they ultimately resorted to violence, if
that person perhaps had had more resources, less of a caseload, perhaps
he could have done more.
What this bill does is to provide $1.5 billion in grant money so the
States can apply for that money. They can apply what works in their
jurisdiction. It gives them creativity. It gives them flexibility. It
gives them resources so they can deal with the juveniles, not by
sending them to prison, locking them up, but by having accountability
in the juvenile court system. And accountability is important.
I went to a county, Washington County, Arkansas, and talked to the
juvenile delinquents who were actually incarcerated there; and it was
clear to me in talking to them that what caught their attention was
whenever they knew they could not manipulate the system anymore. And
so, whenever they are held accountable, it makes a difference and they
start getting their lives straightened out.
I look at this bill that the gentleman from Florida (Mr. McCollum)
has authored and it says that one criteria for getting this grant money
is that we have a system of graduated sanctions. And I read the bill
and it says that the States should ensure that the sanctions are
imposed on juvenile offenders for every offence. That is right, that
sanctions escalate in intensity with each subsequent, more serious
delinquent or criminal offence.
That is the way it should be. When we deal with our teenagers, we
have one offence. If they do it again, it is a stronger offence. And
that is exactly what this block grant program will encourage the States
to do. It is a terrific start to dealing with the culture of violence,
the difficulty that our teenagers face day in and day out. But again,
it does give them the flexibility in each State to address the programs
as they see fit.
If my colleagues look in Arkansas, it dramatizes the seriousness of
this problem. In 1998, almost 10 percent of all criminal arrests in
Arkansas were juveniles. But what is even more frightening, when we
compare that 10 percent of all arrests for juveniles, 24 percent of the
arrests for violent crime, including murder, rape and aggravated
assault, were juveniles. Twenty-four percent of violent crime in my
State was committed by juveniles.
And for that reason, this bill, this block grant program, gives
Arkansas, gives New York, the authority to tailor the programs, to have
the resources to address this. This is a staggering problem that needs
to be addressed, and this legislation will do this.
I will later on offer an amendment that will provide restorative
justice programs for these juveniles, and I ask my colleagues to
consider this as well.
Mr. CONYERS. Mr. Chairman, I yield 3 minutes to the distinguished
gentleman from New Jersey (Mr. Rothman).
(Mr. ROTHMAN asked and was given permission to revise and extend his
remarks.)
Mr. ROTHMAN. Mr. Chairman, I thank the gentleman for yielding me the
time.
Mr. Chairman, I am a cosponsor of H.R. 1501. I cosponsored this
legislation because I believe that the grant programs it contains will
be effective in helping our States and local governments combat
juvenile crime. It adds the money necessary for antidrug, youth gang
and youth violence programs. It provides more money for youth probation
officers and prosecutors, more money for drug courts and gun courts,
and more money for valuable after-school programs.
But, unfortunately, there are those in this body who would try to
amend this bill with poison pill amendments that should be, at the very
least, debated and voted on separately from our juvenile justice bill.
I do applaud what my chairman, the gentleman from Illinois Mr. Hyde),
is trying to do by offering amendment number 112. I respect the
gentleman from Illinois Mr. Hyde) greatly. Unfortunately, that bill
goes too far in trying to protect our children from explicit sexual or
violent material.
On the whole, it does some good things. But its cure is so extreme as
to practically kill the patient. It does not strike the common-sense
balance between protections for our children and retaining our
constitutional liberties. It is so broad as to be unconstitutional and
unenforceable.
We cannot ban parents from singing ``Rockabye Baby'' because it
contains the image of a child falling out of a tree. Nor can we ban
books like Tom Sawyer or Huckleberry Finn because they contain some
levels of violence.
No, I do believe that there is too much violence, cruelty, and sadism
in our culture; and I do believe that it occurs too frequently on
television, in movies, in video games, and even in the lyrics of songs
on the radio.
But parents have to get involved and do their jobs to monitor what
our kids watch on television and how long they can watch television, to
keep children out of movies that they are not old enough to see in the
first place, to keep them from renting R-rated or PG-13-rated movies if
they are not old enough, to install smut-blocking censoring devices on
their own home computers, and to keep guns out of their own children's
hands.
[[Page H4371]]
Yes, we must get the parents involved as one key element in
addressing youth violence, as well as keeping guns out of the kids'
hands. We can protect our children without outlawing everything from
nursery rhymes to classic books and movies.
The juvenile justice bill that I cosponsored did so many wonderful
and important things. It was adopted in a bipartisan fashion by
Democrats and Republicans.
Unfortunately, my Republican colleagues are now about to impose
poison pill amendments on a bipartisan juvenile justice bill for some
ideological reason or perhaps some other good-faith reason. But it is
the wrong thing to do.
Let us debate these other amendments separately and pass a clean,
bipartisan juvenile justice bill.
Mr. McCOLLUM. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Florida (Mrs. Fowler), the vice-chairman of the Republican Conference.
(Mrs. FOWLER asked and was given permission to revise and extend her
remarks.)
Mrs. FOWLER. Mr. Chairman, as we discuss our competing solutions to
this serious problem of violence in our society, we must remember what
is truly important: our children.
It is our children who are at ground zero of this epidemic of
violence. As a mother, I cannot think of anything more frightening than
just that image.
{time} 1315
We must consider the consequences for their future. There are too
many negative forces acting on our children and our families today.
Years ago the words and actions that we see so casually used today in
music, television, movies and everyday conversation would have
horrified this Nation. As Senator Daniel Moynihan noted in a 1993
article, we have defined deviancy down. The easy answer, of course, is
to focus solely on weapons, but easy answers are rarely the complete
solution. We must look at the entire picture, which clearly includes
examining these negative influences and discovering a way to eliminate
or counteract them while enforcing the concept of right and wrong and
holding people responsible for their actions.
Let us remove politics from the equation and focus on our children
and on instilling responsibility while counteracting these negative
influences.
I want to commend the gentleman from Florida (Mr. McCollum) for
introducing this excellent bill which will provide critical resources
to our States to assist in their efforts to combat juvenile crime.
Mr. CONYERS. Mr. Chairman, I yield 3 minutes to the gentleman from
Massachusetts (Mr. Delahunt), a member of the Committee on the
Judiciary.
Mr. DELAHUNT. Mr. Chairman, I think today is really a sad day. It is
a sad day for this institution, and it is a sad day for America.
In 1 year firearms killed not a single child in Japan, 19 in Britain,
57 in Germany, 109 in France, 153 in Canada and 5,285 in the United
States. We had an opportunity to do something about that. The gentleman
from New Jersey (Mr. Pascrell) had introduced an amendment, an
amendment which would have initiated and authorized the funding and the
resources for the development of technology which would have created
and designed a firearm which could not have been discharged by anyone
other than the owner, by anyone other than the owner.
Now out of that more than 5,000 children that are killed every year
in this Nation by firearms, 1,800 of them, 1800 children, our children,
are killed either accidentally or by self-inflicted wounds, and we, the
majority in this Congress, the Committee on Rules, could not find it,
did not have the political will to make that amendment in order, and
yet we see amendment after amendment, such as mandatory sentences which
have again and again proved ineffective in terms of deterring crime and
reducing violence in the United States, but we could not find it in
this institution to save 1,800 children a year who die as a result of
self-inflicted wounds because of accidental shootings. We could not do
it.
Mr. Chairman, it says something about the priorities of this
institution.
Mr. McCOLLUM. Mr. Chairman, I yield 1 minute to the gentleman from
California (Mr. Cunningham).
Mr. CUNNINGHAM. Mr. Chairman, I would like to speak to my colleagues,
and I do not think they will disagree with what I am going to say. The
majority of people in our jails today, most of them is drug related.
First of all, I want to thank my colleagues, including the gentleman
from Michigan (Mr. Conyers), that when my own son was involved with it,
many of my colleagues from the other side of the aisle in the Judiciary
came forward and offered to help, and I cannot tell my colleagues what
that meant. And I do support strong minimum mandatories, the gentleman
spoke a minute ago, even though it is on my own son, and I hope that it
is the most important thing that has ever happened and life threatening
in his life, and I think it will make a change, talking to him, and I
do not think he will ever do it again.
But when we are talking about gun legislation, there are things that
are reasonable. I made a statement once that I used to fly an F-14. It
would put out 3,000 rounds a minute. In a half a second I could
disintegrate this building, with a half-a-second burst, and I was
trusted with that. I have never killed anybody outside of war, never
robbed a bank, never shot anybody, and I want to protect the rights of
people like myself that lawfully want to own a handgun.
I went to Mr. Schumer's district, and I understand why he hates guns.
They have all the projects, and they shoot each other, and they do
drugs, and they kill each other, and that is bad. But the answer is not
just to be negative, but to look and see what is reasonable.
Mr. CONYERS. Mr. Chairman, I yield 3 minutes to the gentleman from
Massachusetts (Mr. Meehan), a member of the Committee on the Judiciary.
Mr. MEEHAN. Mr. Chairman, I thank the ranking member for having
yielded this time to me.
I rise in opposition to the McCollum amendment to H.R. 1501. I think
this amendment undermines the bipartisan consensus reached on this
bill, a bill that was cosponsored by every single member of the
Subcommittee on Crime and reported unanimously to the full committee
where unfortunately we never considered this bill. Can my colleagues
imagine the Committee on the Judiciary Subcommittee on Crime meets, all
the Members cosponsor a bill, report it out unanimously, and we cannot
get a vote in the full committee. It is kind of puzzling why this would
happen, but rather than leave this very good piece of juvenile justice
legislation alone, the Republicans have taken the opportunity to
introduce poison pill amendments to guarantee its defeat, and I must
admit that I find this strategy frustrating. If the bill was good
enough 8 months ago when it was first drafted by the gentleman from
Florida (Mr. McCollum) and the gentleman from Virginia (Mr. Scott),
then why is it suddenly not good enough now? Why do we need to ruin a
good bipartisan bill that includes the right amount of prevention
dollars for the States while not attaching too many conditions to the
States' use of that money? In a momentary fit of bipartisanship did the
Republicans forget to include all of their mean-spirited,
counterproductive, juvenile justice measures now that they want to add
to the bill?
First, this bill transfers too many juveniles to adult court even
though studies have shown that transferring juveniles to adult court
can increase juvenile crime. Now a 1996 study in Florida found that
youth transferred to adult prisons re-offended approximately 30 percent
more frequently than youth who stayed in the juvenile justice system.
So if the goal is to move more juveniles to adult prisons and it is to
target violent offenders, then studies prove that this has not worked.
More juveniles are transferred for nonviolent offenses than for violent
offenses, and that is exactly the wrong outcome. If we can see that at
least some of the nonviolent juvenile offenders can be rehabilitated,
then placing more of them in adult prisons is standing logic on its
head.
In addition, holding juveniles in adult facilities is dangerous.
Children in adult facilities are five times more likely to be sexually
assaulted, twice as likely to be beaten by staff and 50 percent more
likely to be attacked with a weapon and eight times more
[[Page H4372]]
likely to commit suicide than juveniles in a juvenile facility.
There are too many examples of horrible results by locking up kids
with adults, but I will provide just one example. Seventeen-year-old
Christopher Peterman was held in an adult jail in Boise, Idaho, for
failing to pay $73 in traffic fine. For over 14 days he was tortured
and finally murdered by other prisoners, a death penalty for $73 in
traffic tickets.
We can do better than this, we have got to treat kids appropriately.
This amendment should be defeated.
Mr. CONYERS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, if we are truly interested in juvenile justice reform,
we must begin by rejecting the amendments that have been stuck on to
the very fine principles contained in H.R. 1501, a bipartisan bill that
came out of the Subcommittee on Crime, and I remind the gentleman, the
chairman of the committee, and I praise this bill, this is a measure
that has been very carefully vetted, but all of the other amendments
that have been approved, some 44, have never been in the Committee on
the Judiciary. In other words, the Committee on Rules has become the
original committee of jurisdiction for a juvenile justice bill, and for
that reason those amendments must be rejected.
Mr. McCOLLUM. Mr. Chairman, I yield myself the balance of the time
that I have remaining.
We have had quite a debate here on the general debate today on 1501.
Many of the topics brought up were about amendments rather than about
the base bill. We have heard a number of myths, including one I just
heard then, that somehow this legislation or subsequent amendment will
involve incarcerating juveniles with adults. No amendment I know of
that I am going to offer, has anything to do with, would do that, and
certainly this base bill does not touch that subject.
I come back to the fact that whatever else is discussed out here, the
single most important thing we are going to be doing in my judgment
with respect to protecting our children, the safety of our children on
the streets and the schools and the playgrounds of this Nation and to
prevent violence by youth, is the underlying proposition in 1501, the
bill we are considering, that is bipartisan, that everybody supports,
that all the experts say we should pass, and that is the grant program
to the States to help them improve broken juvenile justice systems.
They need the money for more probation officers, judges, diversion
programs and so forth. They do not have it. And because they do not
have those judges and probation officers in diversion programs we have
got a lot of problems. We do not have kids that are receiving any kind
of consequence or accountability for the most minor of crimes that they
used to always receive some punishment for.
This bill will say to the States here is money to hire more of these
judges, et cetera, if you just agree to one thing, and that is to
punish from the very first misdemeanor crime every juvenile in this
country, and if they agree in your state to do that and to institute a
system of graduated sanctions where we intensify for the more serious
offense then you can have the money to improve the system. That is what
everybody says will send a message of consequences to kids so they do
not start down the path of believing that when they do something bad
nothing is going to happen because the experts say when they get to
believing that, then it is going to lead on to violent crime later very
frequently and that is the root cause and one of the most significant
root causes of violent crime in the Nation.
So 1501, the underlying bill we are debating today, getting little
attention because of all the other discussions after Littleton about
guns and everything else, is by all experts I have talked to as
chairman of the Subcommittee on Crime and heard from over the past few
most, the single most important thing we can do to help our kids, to
make sure there is child safety and to make sure that we prevent
violent youth crime in the future. So I strongly urge the adoption of
this bill, and I look forward to debating the amendments as they come
out here.
Mr. BLILEY. Mr. Chairman, I share the strong concerns of all my
colleagues about the rise in youth violence, as evidenced by the
tragedy at Columbine High School recently.
I am also concerned, however, that our reaction to such tragedies be
appropriate and measured. It seems to me that many of the amendments
that we are considering today border on a knee-jerk reaction, designed
more for political appeal than solid law-making.
A number of these amendments fall within the jurisdiction of my
committee but unfortunately have not had the benefit of the normal
committee process and procedures. For instance, I have concerns that
the Franks/Pickering amendment, which deals with Internet filtering for
schools and libraries, is being dealt with outside the jurisdiction of
the Commerce Committee. The committee has been conducting aggressive
oversight of this program, known as the E-rate program, and we intend
to continue that oversight. The committee has also been involved in
myriad issues related to the growth and development of the Internet and
electronic commerce. I anticipate that the committee will be addressing
this issue of protecting children online later this Congress, with the
goal of creating sound, sensible, and rational policy that protects
children while recognizing the vast potential of the Internet in aiding
education.
Similarly, an amendment to be offered by Mr. Wamp would grant the FTC
expansive new authority to approve or establish labeling standards for
all audio and video products. There may be constitutional problems with
this amendment--problems that would have been eliminated, I am sure, if
the legislation had proceeded under regular order.
In addition to the filtering and labeling amendments, a number of
amendments were made in order that call for studies and commissions on
a variety of society's ills. None of these ideas has passed through my
committee, which has the expertise to determine whether Federal tax
dollars should be put to use for these purposes.
As this legislation goes to conference with the other body, I will
insist that my committee be appointed conferees on provisions within
its jurisdiction. In conference, I will seek to ensure that the
Congress not only responds to the public call for action, but also
crafts sound public policy as well.
Mr. VENTO. Mr. Chairman, today's problem of juvenile crime is so
complex that it defies easy solutions. However, in the drive to
increase public safety and reduce juvenile crime, several of the
amendments offered to this piece of legislation have lost sight, not
only of the complexity of the juvenile crime problem, but also the
success of existing local enforcement agencies and community
initiatives in keeping juveniles out of gangs and crime free.
There are numerous policy choices that we could implement to combat
juvenile crime and delinquency if Congress chooses to provide funds and
help. We must continue to focus on early intervention and prevention
programs rather than ``get tough'' punitive measures that do little to
reduce crime or address its root causes. Our primary goal should be a
proactive approach rather than reactionary measures.
Given the alarming rate of crime and the disproportionate amount
committed by juveniles, punitive provisions and ``get tough''
provisions are widely attractive and politically appealing. Yet, such
``get tough'' measures fail to deliver the results promised by their
proponents. Evidence points out that trials of juveniles as adults
actually result in repeat criminal behavior and activities. For
example, states with higher rates of transferring children to adult
court do not have lower rates of juvenile homicide. Finally, children
in adult institutions are five times more likely to be sexually
assaulted, twice as likely to be beaten by staff, and 50 percent more
likely to be attacked with a weapon that children in a juvenile
facility. Treating more children as adults in the criminal justice
system does not move us any closer to our common goal--it does not
create safer communities. The consequence of such action is surely not
positive.
I think that Members on both sides of the aisle should agree with the
common facts; that when it comes to addressing the unique public safety
concerns of our districts, the programs and responses must be built on
the unique situations within our community. Different problems and
populations require specific solutions. Prescribing inflexible federal
solutions does not resolve issues that are specific problems of state
or local jurisdictions. Local governments need more flexibility, not
more federal mandates which imply the same solution for every
jurisdiction. Federally imposed strategies which limit the ability of
local governments to respond to community needs, ensure that the war on
crime is not fought with the efficiency or effectiveness that is
necessary to reduce the incidence of crime and attain the safe
environment our constituents seek.
I will continue to support legislation that recognizes that states
and localities are taking the lead in implementing innovative solutions
to local crime problems, and provides for cost
[[Page H4373]]
effective and proven initiatives. Such legislation would enable local
governments to accomplish what the federal government has limited
ability to do--reduce the rate and incidence of juvenile crime.
The one thing that the federal government can do is assist state and
local governments in any way possible to make sure their solutions are
achievable, with programs that put police on the street and take the
guns off the street. I believe we have an obligation to do all that is
possible to make our communities safe. This includes helping to get
guns off the streets and out of the hands of juveniles and criminals.
It is unfortunate that events such as the tragedy in Colorado had to
occur in order to spur congressional action, however the availability
of assault weapons used by the students to inflict this violence and
death upon this community and many others must be curtailed.
With the combined efforts of federal, state, and local governments we
can successfully combat juvenile delinquency and crime.
Ms. STABENOW. Mr. Chairman, I rise today to express my support for
the amendment offered by Representative Stupak and Representative Wise
to H.R. 1501, ``Child Safety and Protection Act.'' This important
amendment builds on legislation which I introduced, H.R. 1898, which
would authorize a national hotline for reporting school violence.
While I offered my bill as an amendment to H.R. 1501, it was not made
in order. Therefore, I would like to express my strong support for this
amendment. This important initiative will provide tremendous support to
our states by authorizing them to develop and operate confidential
toll-free telephone hotlines. These hotlines will operate 24 hours a
day, seven days a week in order to provide students, school officials
and others the ability to report specific threats of imminent school
violence or other suspicious or criminal conduct by juveniles. These
reports would be directed to the state or local authorities to be
addressed. Mr. Speaker, with the recent school shootings we must do
everything we an to provide our states the tools they need to handle
school violence. The amendment offered my colleagues from Michigan
takes an important step toward not only addressing violence in our
schools, but preventing it. By giving students a direct line to report
violence we have the opportunity to intervene before an act of violence
occurs in our communities.
Mr. Chairman, I believe the best way to confront violence in our
schools is to commit the resources we have available at the federal
level to our states and local communities. There is no more important
issue at stake than the welfare of our children. One way we can ensure
their safety is to provide states with tools to confront violence in
schools. This hotline is important because it builds on existing
programs and calls for partnerships between state and local units of
government.
While it is unfortunate that I was not able to offer my amendment, I
am grateful that this important program was adopted as part of H.R.
1501.
Education is the key to a productive future for our children. We need
to make sure our schools are safe so that our children have the skills
they need to succeed in the competitive global economy of the 21st
century, and I believe that this initiative will move us toward this
goal.
Mr. BARCIA. Mr. Chairman, today's children face more obstacles and
danger than ever before. Often children are singled out by adult
predators because they are weak and unable to defend themselves. We owe
it to our children to do all we can to protect them.
That is why I strongly support the Cunningham amendment, which will
amend federal sentencing guidelines to increase the penalties for those
violent offenders who commit crimes against children. Additionally, the
amendment will help local law enforcement to catch and convict
criminals by authorizing the Federal Bureau of Investigation to assist
local and state authorities in murder investigations involving
children. Matthew's Law, named after a little boy who was brutally
murdered in California, sends a strong message to those who prey on
innocent children. It sends a message that we will not tolerate crimes
of violence against children and predators who prey on those innocent
victims deserve severe punishment.
In combination with the truth in sentencing resolutions that have
passed this House, this amendment will keep violent offenders away from
our children. It makes our streets safer. It makes our neighborhoods
safer and most importantly, it makes our children safer.
Mr. NUSSLE. Mr. Chairman, all American children have the right to
receive a quality education in a safe learning environment. Teachers
and principals should be given the tools needed to provide their
students with that quality education and safe learning environment.
Unfortunately, federal regulations are standing in the way of allowing
education officials in our communities from doing just that.
Under current discipline provisions in the Individuals with
Disabilities Education Act (IDEA), a special-needs student who is in
possession of a weapon at school may only be suspended for up to 10
days or be placed in an alternative education setting for up to 45
days. If the student's behavior is determined to be a direct result of
his or her disability, the student could return to school immediately.
Over the past year and a half, I have been meeting with school
administrators, principals, and teachers throughout Iowa's 2nd District
to discuss this problem. Time and time again, they have told me how
difficult it is to provide a safe learning environment for their
students because of the two separate discipline codes they must live
under--one for the main-stream students and one for the special-needs
students. Together, we worked to write the Freedom to Learn Act which
is very similar to this amendment we are discussing.
For instance, if my son, Mark, who is a main-stream student, were to
bring a gun into school he could be expelled from school immediately.
If my daughter, Sarah, who is a special-needs student, were to bring a
gun into school she could either be suspended for a short time or
return back to her classroom. But at home, there is only one set of
rules for both of my children. If Sarah and Mark get into a fight, they
both receive the same punishment. What I am trying to teach my kids at
home is being contradicted with how they are treated at school. A two-
track discipline system does not work at home--and it does not work at
school either.
I offer this amendment with my colleagues because it will allow state
and local education officials to establish uniform discipline policies
that will apply to all students who bring weapons to school. This
amendment will give school officials the freedom to protect the safety
of every student in their charge without interference from the federal
government.
We must amend the burdensome, bureaucratic control over our local
school agencies. We must allow school officials to establish
disciplinary procedures and consequences that would best meet their
individual needs. And, most importantly, we must provide all students
with the right to learn in a safe education environment.
The CHAIRMAN pro tempore. All time for general debate has expired.
Pursuant to the rule, the bill is considered read for amendment under
the 5-minute rule.
The text of H.R. 1501 is as follows:
H.R. 1501
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 ``Consequences for Juvenile
Offenders Act of 1999''.
SEC. 2. GRANT PROGRAM.
(a) In General.--Part R of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.)
is amended to read as follows:
``PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS
``SEC. 1801. PROGRAM AUTHORIZED.
``(a) In General.--The Attorney General is authorized to
provide grants to States, for use by States and units of
local government, and in certain cases directly to specially
qualified units.
``(b) Authorized Activities.--Amounts paid to a State or a
unit of local government under this part shall be used by the
State or unit of local government for the purpose of
strengthening the juvenile justice system, which includes--
``(1) developing, implementing, and administering graduated
sanctions for juvenile offenders;
``(2) building, expanding, renovating, or operating
temporary or permanent juvenile correction, detention, or
community corrections facilities;
``(3) hiring juvenile court judges, probation officers, and
court-appointed defenders and special advocates, and funding
pretrial services for juvenile offenders, to promote the
effective and expeditious administration of the juvenile
justice system;
``(4) hiring additional prosecutors, so that more cases
involving violent juvenile offenders can be prosecuted and
case backlogs reduced;
``(5) providing funding to enable prosecutors to address
drug, gang, and youth violence problems more effectively and
for technology, equipment, and training to assist prosecutors
in identifying and expediting the prosecution of violent
juvenile offenders;
``(6) establishing and maintaining training programs for
law enforcement and other court personnel with respect to
preventing and controlling juvenile crime;
``(7) establishing juvenile gun courts for the prosecution
and adjudication of juvenile firearms offenders;
``(8) establishing drug court programs for juvenile
offenders that provide continuing judicial supervision over
juvenile offenders with substance abuse problems and the
integrated administration of other sanctions and services for
such offenders;
``(9) establishing and maintaining a system of juvenile
records designed to promote public safety;
[[Page H4374]]
``(10) establishing and maintaining interagency
information-sharing programs that enable the juvenile and
criminal justice system, schools, and social services
agencies to make more informed decisions regarding the early
identification, control, supervision, and treatment of
juveniles who repeatedly commit serious delinquent or
criminal acts;
``(11) establishing and maintaining accountability-based
programs designed to reduce recidivism among juveniles who
are referred by law enforcement personnel or agencies.
``(12) establishing and maintaining programs to conduct
risk and need assessments of juvenile offenders that
facilitate the effective early intervention and the provision
of comprehensive services, including mental health screening
and treatment and substance abuse testing and treatment to
such offenders; and
``(13) establishing and maintaining accountability-based
programs that are designed to enhance school safety.
``SEC. 1802. GRANT ELIGIBILITY.
``(a) State Eligibility.--To be eligible to receive a grant
under this section, a State shall submit to the Attorney
General an application at such time, in such form, and
containing such assurances and information as the Attorney
General may require by rule, including assurances that the
State and any unit of local government to which the State
provides funding under section 1803(b), has in effect (or
shall have in effect, not later than 1 year after the date
that the State submits such application) laws, or has
implemented (or shall implement, not later than 1 year after
the date that the State submits such application) policies
and programs, that provide for a system of graduated
sanctions described in subsection (c).
``(b) Local Eligibility.--
``(1) Subgrant eligibility.--To be eligible to receive a
subgrant, a unit of local government, other than a specially
qualified unit, shall provide such assurances to the State as
the State shall require, that, to the maximum extent
applicable, the unit of local government has in effect (or
shall have in effect, not later than 1 year after the date
that the unit submits such application) laws, or has
implemented (or shall implement, not later than 1 year after
the date that the unit submits such application) policies and
programs, that provide for a system of graduated sanctions
described in subsection (c).
``(2) Special rule.--The requirements of paragraph (1)
shall apply to a specially qualified unit that receives funds
from the Attorney General under section 1803(e), except that
information that is otherwise required to be submitted to the
State shall be submitted to the Attorney General.
``(c) Graduated Sanctions.--A system of graduated
sanctions, which may be discretionary as provided in
subsection (d), shall ensure, at a minimum, that--
``(1) sanctions are imposed on juvenile offenders for every
offense;
``(2) sanctions escalate in intensity with each subsequent,
more serious delinquent or criminal offense;
``(3) there is sufficient flexibility to allow for
individualized sanctions and services suited to the
individual juvenile offender; and
``(4) appropriate consideration is given to public safety
and victims of crime.
``(d) Discretionary Use of Sanctions.--
``(1) Voluntary participation.--A State or unit of local
government may be eligible to receive a grant under this part
if--
``(A) its system of graduated sanctions is discretionary;
and
``(B) it demonstrates that it has promoted the use of a
system of graduated sanctions by taking steps to encourage
implementation of such a system by juvenile courts.
``(2) Reporting requirement if graduated sanctions not
used.--
``(A) Juvenile courts.--A State or unit of local government
in which the imposition of graduated sanctions is
discretionary shall require each juvenile court within its
jurisdiction--
``(i) which has not implemented a system of graduated
sanctions, to submit an annual report that explains why such
court did not implement graduated sanctions; and
``(ii) which has implemented a system of graduated
sanctions but has not imposed graduated sanctions in 1 or
more specific cases, to submit an annual report that explains
why such court did not impose graduated sanctions in each
such case.
``(B) Units of local government.--Each unit of local
government, other than a specially qualified unit, that has 1
or more juvenile courts that use a discretionary system of
graduated sanctions shall collect the information reported
under subparagraph (A) for submission to the State each year.
``(C) States.--Each State and specially qualified unit that
has 1 or more juvenile courts that use a discretionary system
of graduated sanctions shall collect the information reported
under subparagraph (A) for submission to the Attorney General
each year. A State shall also collect and submit to the
Attorney General the information collected under subparagraph
(B).
``(e) Definitions.--For purposes of this section:
``(1) The term `discretionary' means that a system of
graduated sanctions is not required to be imposed by each and
every juvenile court in a State or unit of local government.
``(2) The term `sanctions' means tangible, proportional
consequences that hold the juvenile offender accountable for
the offense committed. A sanction may include counseling,
restitution, community service, a fine, supervised probation,
or confinement.
``SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.
``(a) State Allocation.--
``(1) In general.--In accordance with regulations
promulgated pursuant to this part and except as provided in
paragraph (3), the Attorney General shall allocate--
``(A) 0.25 percent for each State; and
``(B) of the total funds remaining after the allocation
under subparagraph (A), to each State, an amount which bears
the same ratio to the amount of remaining funds described in
this subparagraph as the population of people under the age
of 18 living in such State for the most recent calendar year
in which such data is available bears to the population of
people under the age of 18 of all the States for such fiscal
year.
``(2) Prohibition.--No funds allocated to a State under
this subsection or received by a State for distribution under
subsection (b) may be distributed by the Attorney General or
by the State involved for any program other than a program
contained in an approved application.
``(3) Increase for state reserve.--
``(A) In general.--Subject to subparagraph (B), if a State
demonstrates and certifies to the Attorney General that the
State's law enforcement expenditures in the fiscal year
preceding the date in which an application is submitted under
this part is more than 25 percent of the aggregate amount of
law enforcement expenditures by the State and its eligible
units of local government, the percentage referred to in
paragraph (1)(A) shall equal the percentage determined by
dividing the State's law enforcement expenditures by such
aggregate.
``(B) Law enforcement expenditures over 50 percent.--If the
law enforcement expenditures of a State exceed 50 percent of
the aggregate amount described in subparagraph (A), the
Attorney General shall consult with as many units of local
government in such State as practicable regarding the State's
proposed uses of funds.
``(b) Local Distribution.--
``(1) In general.--Except as provided in subsection (a)(3),
each State which receives funds under subsection (a)(1) in a
fiscal year shall distribute not less than 75 percent of such
amounts received among units of local government, for the
purposes specified in section 1801. In making such
distribution the State shall allocate to such units of local
government an amount which bears the same ratio to the
aggregate amount of such funds as--
``(A) the sum of--
``(i) the product of--
``(I) three-quarters; multiplied by
``(II) the average law enforcement expenditure for such
unit of local government for the 3 most recent calendar years
for which such data is available; plus
``(ii) the product of--
``(I) one-quarter; multiplied by
``(II) the average annual number of part 1 violent crimes
in such unit of local government for the 3 most recent
calendar years for which such data is available, bears to--
``(B) the sum of the products determined under subparagraph
(A) for all such units of local government in the State.
``(2) Expenditures.--The allocation any unit of local
government shall receive under paragraph (1) for a payment
period shall not exceed 100 percent of law enforcement
expenditures of the unit for such payment period.
``(3) Reallocation.--The amount of any unit of local
government's allocation that is not available to such unit by
operation of paragraph (2) shall be available to other units
of local government that are not affected by such operation
in accordance with this subsection.
``(c) Unavailability of Data for Units of Local
Government.--If the State has reason to believe that the
reported rate of part 1 violent crimes or law enforcement
expenditures for a unit of local government is insufficient
or inaccurate, the State shall--
``(1) investigate the methodology used by the unit to
determine the accuracy of the submitted data; and
``(2) if necessary, use the best available comparable data
regarding the number of violent crimes or law enforcement
expenditures for the relevant years for the unit of local
government.
``(d) Local Government With Allocations Less Than $5,000.--
If under this section a unit of local government is allocated
less than $5,000 for a payment period, the amount allotted
shall be expended by the State on services to units of local
government whose allotment is less than such amount in a
manner consistent with this part.
``(e) Direct Grants to Specially Qualified Units.--
``(1) In general.--If a State does not qualify or apply for
funds reserved for allocation under subsection (a) by the
application deadline established by the Attorney General, the
Attorney General shall reserve not more than 75 percent of
the allocation that the State would have received under
subsection (a) for such fiscal year to provide grants to
specially qualified units which meet the requirements for
funding under section 1802.
``(2) Award basis.--In addition to the qualification
requirements for direct grants for specially qualified units
the Attorney General may use the average amount allocated by
the States to units of local government as
[[Page H4375]]
a basis for awarding grants under this section.
``SEC. 1804. REGULATIONS.
``(a) In General.--The Attorney General shall issue
regulations establishing procedures under which a State or
unit of local government that receives funds under section
1803 is required to provide notice to the Attorney General
regarding the proposed use of funds made available under
this part.
``(b) Advisory Board.--The regulations referred to in
subsection (a) shall include a requirement that such eligible
State or unit of local government establish and convene an
advisory board to review the proposed uses of such funds. The
board shall include representation from, if appropriate--
``(1) the State or local police department;
``(2) the local sheriff's department;
``(3) the State or local prosecutor's office;
``(4) the State or local juvenile court;
``(5) the State or local probation officer;
``(6) the State or local educational agency;
``(7) a State or local social service agency; and
``(8) a nonprofit, religious, or community group.
``SEC. 1805. PAYMENT REQUIREMENTS.
``(a) Timing of Payments.--The Attorney General shall pay
to each State or unit of local government that receives funds
under section 1803 that has submitted an application under
this part not later than--
``(1) 90 days after the date that the amount is available,
or
``(2) the first day of the payment period if the State has
provided the Attorney General with the assurances required by
subsection (c),
whichever is later.
``(b) Repayment of Unexpended Amounts.--
``(1) Repayment required.--From amounts awarded under this
part, a State or specially qualified unit shall repay to the
Attorney General, or a unit of local government shall repay
to the State by not later than 27 months after receipt of
funds from the Attorney General, any amount that is not
expended by the State within 2 years after receipt of such
funds from the Attorney General.
``(2) Penalty for failure to repay.--If the amount required
to be repaid is not repaid, the Attorney General shall reduce
payment in future payment periods accordingly.
``(3) Deposit of amounts repaid.--Amounts received by the
Attorney General as repayments under this subsection shall be
deposited in a designated fund for future payments to States
and specially qualified units.
``(c) Administrative Costs.--A State or unit of local
government that receives funds under this part may use not
more than 5 percent of such funds to pay for administrative
costs.
``(d) Nonsupplanting Requirement.--Funds made available
under this part to States and units of local government shall
not be used to supplant State or local funds as the case may
be, but shall be used to increase the amount of funds that
would, in the absence of funds made available under this
part, be made available from State or local sources, as the
case may be.
``(e) Matching Funds.--The Federal share of a grant
received under this part may not exceed 90 percent of the
costs of a program or proposal funded under this part.
``SEC. 1806. UTILIZATION OF PRIVATE SECTOR.
``Funds or a portion of funds allocated under this part may
be utilized to contract with private, nonprofit entities, or
community-based organizations to carry out the purposes
specified under section 1801(a)(2).
``SEC. 1807. ADMINISTRATIVE PROVISIONS.
``(a) In General.--A State or specially qualified unit that
receives funds under this part shall--
``(1) establish a trust fund in which the government will
deposit all payments received under this part;
``(2) use amounts in the trust fund (including interest)
during a period not to exceed 2 years from the date the first
grant payment is made to the State or specially qualified
unit;
``(3) designate an official of the State or specially
qualified unit to submit reports as the Attorney General
reasonably requires, in addition to the annual reports
required under this part; and
``(4) spend the funds only for the purposes under section
1801(b).
``(b) Title I Provisions.--Except as otherwise provided,
the administrative provisions of part H shall apply to this
part and for purposes of this section any reference in such
provisions to title I shall be deemed to include a reference
to this part.
``SEC. 1808. DEFINITIONS.
``For purposes of this part:
``(1) The term `unit of local government' means--
``(A) a county, township, city, or political subdivision of
a county, township, or city, that is a unit of local
government as determined by the Secretary of Commerce for
general statistical purposes; and
``(B) the District of Columbia and the recognized governing
body of an Indian tribe or Alaskan Native village that
carries out substantial governmental duties and powers.
``(2) The term `specially qualified unit' means a unit of
local government which may receive funds under this part only
in accordance with section 1803(e).
``(3) The term `State' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands, except that American Samoa, Guam,
and the Northern Mariana Islands shall be considered as 1
State and that, for purposes of section 1803(a), 33 percent
of the amounts allocated shall be allocated to American
Samoa, 50 percent to Guam, and 17 percent to the Northern
Mariana Islands.
``(4) The term `juvenile' means an individual who is 17
years of age or younger.
``(5) The term `law enforcement expenditures' means the
expenditures associated with prosecutorial, legal, and
judicial services, and corrections as reported to the Bureau
of the Census for the fiscal year preceding the fiscal year
for which a determination is made under this part.
``(6) The term `part 1 violent crimes' means murder and
nonnegligent manslaughter, forcible rape, robbery, and
aggravated assault as reported to the Federal Bureau of
Investigation for purposes of the Uniform Crime Reports.
``SEC. 1809. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this part--
``(1) $500,000,000 for fiscal year 2000;
``(2) $500,000,000 for fiscal year 2001; and
``(3) $500,000,000 for fiscal year 2002.
``(b) Oversight Accountability and Administration.--Not
more than 3 percent of the amount authorized to be
appropriated under subsection (a), with such amounts to
remain available until expended, for each of the fiscal years
2000 through 2002 shall be available to the Attorney General
for evaluation and research regarding the overall
effectiveness and efficiency of the provisions of this part,
assuring compliance with the provisions of this part, and for
administrative costs to carry out the purposes of this part.
The Attorney General shall establish and execute an oversight
plan for monitoring the activities of grant recipients.
``(c) Funding Source.--Appropriations for activities
authorized in this part may be made from the Violent Crime
Reduction Trust Fund.''.
(b) Clerical Amendments.--The table of contents of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 is
amended by striking the item relating to part R and inserting
the following:
``Part R--Juvenile Accountability Block Grants
``Sec. 1801. Program authorized.
``Sec. 1802. Grant eligibility.
``Sec. 1803. Allocation and distribution of funds.
``Sec. 1804. Regulations.
``Sec. 1805. Payment requirements.
``Sec. 1806. Utilization of private sector.
``Sec. 1807. Administrative provisions.
``Sec. 1808. Definitions.
``Sec. 1809. Authorization of appropriations.''.
The CHAIRMAN. No amendment is in order except those printed in part A
of House Report 106-186. Except as otherwise specified in House
Resolution 209, each amendment may be offered only in the order printed
in part A of the report, may be offered only by a Member designated in
the report, shall be considered read, debatable for the time specified
in the report, equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment except as specified in the
report and shall not be subject to a demand for division on the
question.
{time} 1330
The Chairman of the Committee of the Whole may recognize for
consideration of any amendment printed in part A of the report out of
the order printed, but not sooner than 1 hour after the Chairman of the
Committee on the Judiciary or a designee announces from the floor a
request to that effect.
The Chairman of the Committee of the Whole may postpone a request for
a recorded vote on any amendment and may reduce to a minimum of 5
minutes the time for voting on any postponed question that immediately
follows another vote, provided that the time for voting on the first
question shall be a minimum of 15 minutes.
Mr. McCOLLUM. Mr. Chairman, pursuant to the rule you have just
outlined for us, I hereby give 1 hour's notice of my request to
consider the amendment No. 31, the Hyde amendment, out of order,
immediately after consideration of the McCollum amendment No. 6, and
any amendments thereto.
The CHAIRMAN. It is now in order to consider amendment No. 1 printed
in part A of House report 106-186.
Amendment No. 1 Offered by Mr. Kucinich
Mr. KUCINICH. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
[[Page H4376]]
Part A amendment No. 1 offered by Mr. Kucinich:
Page 3, strike lines 23 and 24, and insert the following:
``(9) establishing and maintaining an automated system of
records relating to any adjudication of juveniles less than
18 years of age who are adjudicated delinquent for conduct
that would be a violent crime if committed by an adult,
that--
``(A) is equivalent to the system of records that would be
kept of adults arrested for such conduct, including
fingerprint records and photograph records;
``(B) provides for submitting such juvenile records to the
Federal Bureau of Investigation in the same manner as adult
criminal records are so submitted;
``(C) requires the retention of juvenile records for a
period of time that is equal to the period of time for which
adult criminal records are retained; and
``(D) makes available, on an expedited basis, to law
enforcement agencies, to courts, and to school officials who
shall be subject to the same standards and penalties that
apply under Federal and State law to law enforcement and
juvenile justice personnel with respect to handling such
records and disclosing information contained in such records;
The CHAIRMAN. Pursuant to House resolution 209, the gentleman from
Ohio (Mr. Kucinich) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Ohio (Mr. Kucinich).
Mr. KUCINICH. Mr. Chairman, I yield myself such time as I may
consume.
I wish to offer an amendment to this bill that would assist States in
compiling the records of juveniles and establishing statewide computer
systems for their records. In addition, States would have the option of
making these records available to the NCIC at the FBI where they would
be accessed by law enforcement officials from other States. Similar
language for such a system of records already exists in the Senate-
passed juvenile justice bill.
The reason I offer this amendment is a tragic story from my own
district. A Cleveland police detective, Robert Clark, was killed in
July 1998 while attempting to arrest a drug dealer. The individual who
shot Detective Clark had accumulated a considerable criminal record
between Ohio and Florida. Although he was only 19 years old at the time
of the shooting, he had been arrested 150 times since the age of 8.
There had been 62 felony charges laid against him between 1995 and
1998. However, officials in Ohio were unaware of his criminal
activities in Florida, and vice versa. In addition, there was an
outstanding warrant for this individual's arrest in Florida at the time
of the shooting. Had an automated records system been in place when he
first appeared before a juvenile court in Ohio, law enforcement
officials in Ohio would have had access to this extensive criminal
record in Florida.
I remain a strong supporter of civil liberties for all citizens.
Therefore, it is important that access to these records be strictly
controlled to maintain the privacy rights of every citizen. In
addition, States should not be mandated to share juvenile records
information with the FBI. Rather, they would have the option of sharing
their juvenile records information should they choose.
My amendment has received the endorsement of the Fraternal Order of
Police in which they say, ``The ability to share and obtain information
about criminals' records is crucial to the law enforcement mission.
This legislation addresses the pressing need for better and more
efficient recordkeeping on violent juveniles, information that would
stop crimes and save lives.''
Mr. Speaker, at this time I will include the above-referenced letter
for the Record.
Fraternal Order of Police,
Washington, DC, June 15, 1999.
Hon. Dennis Kucinich,
House of Representatives, Washington, DC.
Dear Congressman Kucinich: I am writing on behalf of the
more than 277,000 members of the Fraternal Order of Police to
advise you of our strong support for your amendment to H.R.
1501, the ``Consequences for Juvenile Offenders Act of
1999.'' Your amendment will enable law enforcement officials
to improve record-keeping and record-sharing on juvenile
offenders.
Your bill would enable States to apply for Federal grants
to establish, develop, update or upgrade State and local
criminal history record systems to include the conviction
records of violent juveniles. These grants will assist State
and local law enforcement authorities in compiling and
computerizing statewide systems with the records of violent
juvenile offenders with the option to make this data
available to the Federal Bureau of Investigation and law
enforcement authorities in other States.
The ability to share and obtain information about
criminals' records is critical to the law enforcement
mission. Your legislation addresses the pressing need for
better and more efficient recordkeeping on violent
juveniles--information which could stop crimes and save
lives.
On 1 July 1998, Detective Robert Clark of the Cleveland
Police Department and Correy Major, a 19-year-old from
Florida were killed in a gun battle. Major was first arrested
at the age of eight. By the time he was killed last July, he
had amassed over one hundred and fifty prior incidents with
police on his record. Major was arrested on yet another
offense the night before he killed Detective Clark, but
because law enforcement officers in Cleveland, Ohio were
unaware of his extensive criminal record as a juvenile in
Florida, he was released from custody. Because Ohio and
Florida were unable to share information about this dangerous
and violent criminal, only hours later a brave and dedicated
officer was dead.
I commend you for your leadership on this important issue
on behalf of the membership of the Fraternal Order of Police.
If I can be of any further help, please do not hesitate to
contact me or Executive Director Jim Pasco through my
Washington office at (202) 547-8189.
Sincerely,
Gilbert G. Gallegos,
National President.
Mr. Chairman, I reserve the balance of my time.
Mr. McCOLLUM. Mr. Chairman, I do not oppose the amendment; however, I
ask unanimous consent to take the 5 minutes if no Member is opposing
it.
The CHAIRMAN. Is there objection to the request of the gentleman from
Florida?
There was no objection.
The CHAIRMAN. The gentleman from Florida (Mr. McCollum) is recognized
for 5 minutes.
Mr. McCOLLUM. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I simply want to support the amendment of the gentleman
from Ohio (Mr. Kucinich) and take the time to say what it really does
in my view, which is a very positive thing. It takes one of the
conditions of use of the money in grant program for these improvements
of the juvenile justice system, which are very broadly written; there
are 13 of them in the bill, and it very specifically tailors that one
use which has to do with having juvenile records available by saying
that not only do we establish and maintain those juvenile records in
the case of public safety, but that we have an automated system of
records that we establish and maintain for juveniles less than 18 years
of age or who are adjudicated delinquent for conduct that would be a
violent crime if committed by an adult.
In other words, the gentleman from Ohio (Mr. Kucinich) spells out
what we are concerned with here and then goes into detail, very similar
to what was in legislation that I authored in the last Congress on this
subject matter and did not include in this particular bill, H.R. 1501,
as a specific provision in that much detail because I thought the
general language covered it.
Mr. Chairman, I really believe that the gentleman is doing a service
to put this specific language in. I think this is a good amendment
because it does outline these details, and does spell out that which
the rules would be, and we will not have any questions about it after
that, I believe.
So it is again in furtherance of a bipartisan bill that throughout
this has been that way.
Mr. Chairman, I reserve the balance of my time.
Mr. KUCINICH. Mr. Chairman, I want to thank the gentleman from
Florida (Mr. McCollum) for his kind remarks regarding this amendment.
It seeks to build on the intentions that he had in the last Congress,
and I certainly appreciate his support and the support of all of my
colleagues on this.
Mr. Chairman, I yield back the balance of my time.
Mr. McCOLLUM. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Ohio (Mr. Kucinich).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 2 printed
in part A of House Report 106-186.
Amendment No. 2 Offered by Mr. Hutchinson
Mr. HUTCHINSON. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
[[Page H4377]]
The text of the amendment is as follows:
Part A amendment No. 2 offered by Mr. Hutchinson:
Page 4, after line 21, insert the following:
(14) establishing and maintaining restorative justice
programs.
(c) Definition.--For purposes of this section, the term
``restorative justice program'' means a program that
emphasizes the moral accountability of an offender toward the
victim and the affected community, and may include community
reparations boards, restitution, and mediation between victim
and offender,''
The CHAIRMAN. Pursuant to House resolution 209, the gentleman from
Arkansas (Mr. Hutchinson) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arkansas (Mr. Hutchinson).
Mr. HUTCHINSON. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, my amendment adds a new category of permissive uses for
the grant money authorized under the juvenile accountability block
grants in H.R. 1501. This new authority will allow States and
localities to use funds in the bill to implement restorative justice
programs.
Restorative justice is a concept that incorporates the community, the
victim, and the offender in the restitution and rehabilitation process.
Programs in existence today include local community reparation boards,
offender restitution programs, and victim-offender mediation. This new
authorized use of funds will provide judges with an important tool to
hold juveniles accountable for their wrongdoing.
Mr. Chairman, I believe it is important not only to hold juveniles
accountable to the State for their wrongdoing, but also to their
victims. Restitution programs and mediation programs emphasize the
responsibility of the offender, in this case the juvenile, to those he
or she has wronged.
The Senate-passed juvenile crime bill includes similar language, but
does not define the term ``restorative justice.'' So my amendment
improves upon the Senate approach by defining restorative justice to
mean a program that emphasizes the moral accountability of an offender
toward the victim and the affected community. I might add, Mr.
Chairman, that the American Bar Association has previously adopted a
resolution recommending that the government look into these types of
victim-offender mediation programs in the criminal justice system and
possibly incorporating them.
An example of this also would be Marty Price, who mediated a session
between juvenile offenders who had thrown rocks from an overpass and
actually caused physical harm, but also some personal injuries. That
was mediated, the victims participated in it, there was not any
recidivism. The juveniles learned from that experience, and the victims
were happy as well. I will not go into all the details of this, but it
is something that really works.
Mr. Chairman, I yield to the gentlewoman from Colorado (Ms. DeGette).
Ms. DeGETTE. Mr. Chairman, we have no objection to this amendment.
However, I would like to yield when it is appropriate to the gentleman
from Maine (Mr. Baldacci).
Mr. HUTCHINSON. Mr. Chairman, I yield to the gentleman from Florida
(Mr. McCollum).
Mr. McCOLLUM. Mr. Chairman, I thank the gentleman for yielding. I
just want to rise in support of this amendment. It establishes a new
criteria under the uses for the grant monies in this bill. It is the
14th one. We just talked about amending one of the earlier ones in the
list of 13. This 14th one is in no way restrictive and actually adds to
the opportunity for the local authorities and States to be able to
improve their juvenile justice systems. As the gentleman so eloquently
explained, it does so by establishing and maintaining restorative
justice programs, and the gentleman has defined those to mean a program
that emphasizes the moral accountability of an offender toward the
victim and the affected community.
Mr. Chairman, I think this is very significant. I think that it is a
good clarification of the broad-based nature of what we are proposing
in that there are lot of things, as long as it is within the juvenile
justice system of a State, that one can use this grant money for. So I
commend the gentleman for offering it and I urge its adoption.
Mr. HUTCHINSON. Mr. Chairman, I thank the gentleman, and I reserve
the balance of my time.
Ms. DeGETTE. Mr. Chairman, I ask unanimous consent to claim the time
in opposition, although I do not oppose the amendment.
The CHAIRMAN. Is there objection to the request of the gentlewoman
from Colorado?
There was no objection.
The CHAIRMAN. The gentlewoman from Colorado (Ms. DeGette) is
recognized for 5 minutes.
Ms. DeGETTE. Mr. Chairman, I yield 5 minutes to the gentleman from
Maine (Mr. Baldacci).
Mr. BALDACCI. Mr. Chairman, I would like to thank the gentlewoman
from Colorado for yielding me this time. I am not in opposition to the
amendment that has been offered, but because of the constraints that
have been presented, it will allow us an opportunity to be able to
speak in regards to this issue at this time.
I do support the efforts of the gentleman from Arkansas in trying to
create this opportunity for restorative justice, and I would look to
support it.
But at this time also, on the larger issue, I wanted to point out
that there are no easy answers to the problems of youth violence.
Tightening gun laws, providing increased mental health counseling to
youth and placing renewed emphasis on family values may all be part of
the solution, but no one of these steps alone will be enough. I think a
few guiding principles are in order.
First, increased communication must be a focus. Students need to be
able to report incidences or rumors that concern them. Education and
law enforcement officials need to be able to share information about
troubled or troublesome youth, and parents need to be able to talk to
their kids and children and friends of teachers and teachers
themselves.
Second, we must start thinking and acting like families and
communities, rather than solely as individuals. I think in some of the
cases we have lost sight of the common good and we need to regain that.
Third, we must take prudent steps to ensure that guns are not in the
hands of our youth. While we must maintain a careful balance, I do
believe that some modest further regulation may be in order.
Finally, and perhaps most importantly, we need to take increased
steps to ensure that our youth have the resources to deal with the
challenges they face. Whether they find strength in their families, in
their church, or in their teachers or simply in themselves, young
people need to be able to face the rejection, the volatility and
pressures that can accompany adolescence.
Time and again, I have heard from people in my district that the best
way to deal with juvenile delinquency is to prevent it from happening
in the first place. The boys and girls club, after school activities,
sports programs, mentoring and programs like Outward Bound have all
proven effective in keeping kids out of trouble. They help youth to
build the skills they need and provide caring, nurtured environments
for children to spend their time in.
We have all heard the adage that an ounce of prevention is worth a
pound of cure, and when it comes to dealing with our youth, I do not
believe that any phrase could be more true. I commend the committee for
focusing on prevention in the underlying legislation, and I urge my
colleagues not to lose that focus as we go through the amendment
process.
Ms. DeGETTE. Mr. Chairman, as I stated, we have no objection to this
amendment. We thank the gentleman for raising it.
Mr. Chairman, I yield back the balance of my time.
Mr. HUTCHINSON. Mr. Chairman, I yield 2 minutes to the gentlewoman
from Oregon (Ms. Hooley), who has been very supportive of this effort.
The CHAIRMAN. The gentleman from Arkansas has 1 minute remaining.
Mr. HUTCHINSON. Mr. Chairman, I ask unanimous consent that the
gentlewoman be given 2 minutes.
The CHAIRMAN. The Chair would inform the gentleman that under the
rule, such a request cannot be granted by the Committee of the Whole.
Does the gentleman seek to yield 1 minute to the gentlewoman from
Oregon?
Mr. HUTCHINSON. Yes, I would like to do that, Mr. Chairman.
[[Page H4378]]
The CHAIRMAN. The gentlewoman from Oregon is recognized for 1 minute.
Ms. HOOLEY of Oregon. Mr. Chairman, I rise in support of the
gentleman's amendment.
This amendment stresses that juveniles must be held accountable for
their actions and allows communities to engage in innovative and
nontraditional ways of holding juveniles accountable.
Too often our juvenile system provides delayed accountability to our
people by not acting for 2 or 3 months, or by not acting until after a
person has committed a second or third or even fourth violation.
Accountability programs have been enormously successful in my
district in Oregon. In Clackamas County, the local juvenile authorities
have been working with nonviolent first- and second-time juvenile
offenders to come up with punishments that do not justify, fit the
crime, but fit the offender.
County officials assess and evaluate the offender and work with
parents, local police, and school officials to come up with proper
sanctions, treatment, and an immediate consequence to that offense, so
that the offender understands that there is a connection. As a result,
juveniles are often required to provide restitution, to meet with their
victims and provide service to the community.
{time} 1345
Providing these types of immediate sanctions have been so successful
in my district. This is the kind of program this would fund, and I
would support this amendment.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Arkansas (Mr. Hutchinson).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 3 printed
in Part A of House Report 106-186.
Amendment No. 3 Offered by Mr. Dreier
Mr. DREIER. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A amendment No. 3 offered by Mr. Dreier:
Page 4, line 11, strike the period and insert the
following: ``, and accountability-based, proactive programs,
including anti-gang programs, developed by law enforcement
agencies to combat juvenile crime;''.
The CHAIRMAN. Pursuant to House Resolution 209, the gentleman from
California (Mr. Dreier) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California (Mr. Dreier).
Mr. DREIER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, let me at the outset say that I am very pleased to be
joined in offering this amendment with my good friend, the gentleman
from Arizona (Mr. Hayworth) and my good friend, the gentleman from
California (Mr. Horn).
This issue really centers around the question of local control. As we
confront the issue of violent juvenile crime, it seems to me that it is
very important for us to do everything we possibly can to empower local
community-based agencies, particularly sheriffs and police, to fight
gang crime.
We all know how these horrible gangs that have been out there have
been involving themselves in illegal commerce, primarily in the area of
drug trafficking, and it goes across both State lines and national
borders.
This proposal first came to me from Lee Baca, who is the Chairman of
Los Angeles County. They have spent a great deal of time looking for
creative, locally-based solutions to what obviously is a very serious
problem.
I hope very much my colleagues will join in strong support of this
effort.
Mr. Chairman, I yield such time as he may consume to the gentleman
from Florida (Mr. McCollum), distinguished chairman of the Subcommittee
on Crime.
Mr. McCOLLUM. Mr. Chairman, I thank the gentleman for yielding time
to me. I want to support this amendment. I compliment the gentleman on
it.
Mr. Chairman, I want to assure everybody, from what I understand from
the discussions and from reading the amendment, the gentleman is adding
to already existing number 11.1 for the conditions for the use of the
money, and in that process, all the gentleman is doing is saying if a
kid comes in contact, a juvenile, with some portion of the system, in
this case, the law enforcement portion, before the judge ever sees the
case, and it is one of these anti-gang programs or whatever, they can
receive some of this money.
That is part of the system, by definition. I assure the gentleman it
is.
Mr. DREIER. Mr. Chairman, will the gentleman yield?
Mr. McCOLLUM. I yield to the gentleman from California.
Mr. DREIER. Mr. Chairman, the gentleman is absolutely right. So
basically what we are doing is providing another opportunity, a greater
degree of flexibility, so we can deal with this very pressing problem.
Again, this came to our attention from the Los Angeles County
Sheriff's department. In my State, Pasadena, California, has been very
involved in this. We have, I think, what is a creative, flexible
solution, or at least a help for a very serious problem.
Mr. Chairman, I yield such time as he may consume to my good friend,
the gentleman from Arizona (Mr. Hayworth), with whom I am pleased to be
joined as a cosponsor of this amendment.
Mr. HAYWORTH. Mr. Chairman, I thank my friend, the honored chairman
of the Committee on Rules, for yielding time to me.
I would simply address my colleagues by reminding them of the
situation we find ourselves in the Sixth Congressional District in
Arizona, an area in square mileage almost as big as the commonwealth of
Pennsylvania, a district of many contrasts, part of urban Phoenix, and
a sprawling rural area in which the counties are actually larger than
many States on the East Coast.
While in the past, and as my colleague from California capably
pointed out, while urban areas we often associate with gang violence
and the rise of street crime and gang activity, we also see it in the
rural areas of States like Arizona.
Just yesterday a young man from Winkelman, Arizona, there on the
Pinal-Gila county line came to see me. He spoke of incredible
activities in his rural community, concentrations of gangs,
concentrations of drug activity. That was followed up with a visit from
another rural county by a narcotics officer saying the same thing.
What we are doing in this amendment is allowing local law enforcement
agencies to use some of the $1.5 billion in Federal assistance that is
set aside over the next 3 years to help combat juvenile crime.
As my friend, the distinguished subcommittee chairman from Florida
just pointed out, this allows a portion of those proceeds to go to
anti-gang activities which are so essential to combatting youth
violence, so essential to combatting the scourge of drugs, and so
essential to rural law enforcement, where we have seen the incredible
rise of gangs along the interstates now in Arizona, even going into
what we would consider more pastoral and placid scenes. There crime is
rising, gang activity is up.
This amendment allows flexibility, and the underlying principle is
this: That those closest to the problem, those who have to fight the
problem, should be given maximum flexibility to do so.
That is why I am so pleased to join my colleague, the chairman of the
Committee on Rules and my other colleague, the gentleman from
California (Mr. Horn), as well in offering this amendment. I urge its
passage by this body.
The CHAIRMAN. Does the gentleman from Michigan (Mr. Conyers) seek to
control the time in opposition?
Mr. CONYERS. I do, Mr. Chairman.
The CHAIRMAN. The gentleman from Michigan (Mr. Conyers) is recognized
for 5 minutes.
Mr. CONYERS. Mr. Chairman, I yield 3 minutes to the gentlewoman from
California (Ms. Lofgren), a member of the Committee on the Judiciary.
Ms. LOFGREN. Mr. Chairman, as a member of the committee, I certainly
do not object to the proposed amendment because I think, in fact,
although the amendment makes clear this is an eligible activity, I
think that is already clear from the underlying bill.
We want to do this, the amenders want to do this. Therefore there is
no harm in saying it still again, that we want this to be an eligible
activity.
[[Page H4379]]
However, I do think it is important to put in context what it is we
are doing here today in the House of Representatives. We have struggled
on the Committee on the Judiciary with a juvenile justice bill that was
way too extreme, and due to the efforts of the gentleman from Florida
(Mr. McCollum) and the gentleman from Virginia (Mr. Scott), the ranking
member, we came up with a bipartisan bill, H.R. 1501, that all of us
agree would help in the juvenile justice arena.
We had hoped in the committee that we would take that bipartisan bill
that we knew would pass, we knew the President would sign, and added
the simple gun safety measures that the other body approved prior to
the recess.
Instead, what we have here in this process today is that bipartisan
bill and some innocuous amendments, such as the current one, that I
believe are being used as cover for the killer amendments that will be
offered later in the day that will sink the entire measure. I think
that is a darned shame.
This is being done as prelude to what I fear will be a very
unproductive effort tomorrow, unproductive from the point of view of
those who want gun safety measures, modest ones, commonsense ones such
as the Senate has passed, but productive for those who wish to kill
commonsense gun safety measures.
This amendment is fine, but let us not be fooled by what we are doing
here today. This entire effort is devised by those who oppose any
efforts to adopt what the American people want, which is modest,
moderate, commonsense gun safety measures. I think that is a terrible
shame, and really, in so doing we will disappoint the legitimate hopes
of the American people for these modest steps.
Mr. CONYERS. Mr. Chairman, I yield such time as he may consume to the
gentleman from Virginia (Mr. Scott).
Mr. SCOTT. Mr. Chairman, I thank the gentleman for yielding time to
me.
Mr. Chairman, this amendment is certainly consistent with the
underlying bill, especially one of the amendments that will be
presented later, which would incorporate H.R. 1150. The localities
would do a plan and determine whether or not this particular program
would fit into their plan, if they have determined they need this kind
of program.
It would certainly be eligible under that portion of the bill. It is
forward-thinking, and I would urge its adoption.
Mr. DREIER. Mr. Chairman, will the gentleman yield?
Mr. SCOTT. I yield to the gentleman from California.
Mr. DREIER. Mr. Chairman, I would simply like to express my
appreciation, not only to the gentleman from Florida (Mr. McCollum) for
accepting the amendment, but to my chief colleague, the gentlewoman
from California (Ms. Lofgren) and the gentleman from Virginia (Mr.
Scott) and the gentleman from Michigan (Mr. Conyers).
We were very pleased to make the gentleman's amendment in order as we
proceeded with this rule. I appreciate the gentleman's kindness in
accepting this very, very balanced amendment that the gentleman from
California (Mr. Horn) and the gentleman from Arizona (Mr. Hayworth) and
I are offering.
Mr. CONYERS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I wanted to let the gentleman from California (Chairman
Dreier) know that I appreciate the courtesy that he afforded me in
terms of a substitute on the other bill. Had he not come forward as he
did, it would have created almost a precedent in the House, that we on
our side could not bring forward a substitute, and I am happy that the
rethinking or rereview of that led the gentleman to his unparalleled
generosity. I want the gentleman to know that I thank him for it.
I also support the amendment offered by the gentleman from California
(Mr. Dreier), the chairman of the Committee on Rules, and his two
colleagues.
This amendment, dealing with juvenile accountability, block grants,
and dealing with a proactive program that really interacts among
youngsters and gangs developed by law enforcement agencies to combat
juvenile crime, is clearly on the money. I hope that it will be agreed
to by all of the membership.
Mr. HORN. Mr. Chairman, I would like to thank the gentleman from
California, Mr. Dreier, for ensuring consideration of this amendment,
and the gentleman from Arizona, Mr. Hayworth, for cosponsoring it.
As currently written, H.R. 1501 provides $1.5 billion in grants for
use by states and local governments to strengthen the juvenile justice
system through a wide variety of programs and initiatives. This
amendment would ensure that anti-gang programs run by local law-
enforcement agencies are eligible for these grants. Under this
amendment, federal assistance would be available for proactive
programs, including anti-gang programs, based on the principle of
accountability and developed by law enforcement to combat juvenile
crime. This amendment has been endorsed by the National Sheriffs'
Association.
Local anti-gang programs play a critical role in reducing juvenile
crime in our nation's urban areas. The city of Downey has an excellent
Gangs Out of Downey program. Los Angeles County, which includes my
district and the district represented by Mr. Dreier, has more than one
thousand gangs. Gang-related crime often requires a different law-
enforcement approach compared to other types of crime. Gangs--their
activities, their internal culture, their way of life--can vary from
city to city, even from neighborhood to neighborhood, making a
localized approach critical to any anti-gang effort. Moreover, anti-
gang programs must address the role that gangs play in the lives of
their members. Many gang members come from broken homes, and their gang
acts as a surrogate family for them. Anti-gang efforts must be
proactive in providing alternatives to gang life, in keeping young men
and women from joining a gang before they get pulled into one. A most
effective program is the Police Athletic League [PAL]. They have been
effective throughout the United States.
The threat that gangs pose to our urban communities--and to the young
men and women who join them--makes it critical that this bill
specifically allow funding for anti-gang programs. I urge my colleagues
to vote for this amendment.
The CHAIRMAN. All time has expired.
The question is on the amendment offered by the gentleman from
California (Mr. Dreier).
The amendment was agreed to
The CHAIRMAN. It is now in order to consider amendment No. 4 printed
in Part A of House Report 106-186.
Amendment No. 4 Offered by Mr. Capuano
Mr. CAPUANO. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A amendment No. 4 offered by Mr. Capuano: Page 3,
after line 10, insert the following (and redesignate any
subsequent paragraphs accordingly):
``(6) providing funding to prosecutors for the purpose of
establishing and maintaining juvenile witness assistance
programs;''.
The CHAIRMAN. Pursuant to House Resolution 209, the gentleman from
Massachusetts (Mr. Capuano) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Massachusetts (Mr. Capuano).
Mr. CAPUANO. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, earlier this year Jason Sadler, a 14-year-old from my
district, witnessed an armed robbery. When questioned by the police, he
did what his mother told him to do. He stood up and he told the truth.
He identified the perpetrators and he agreed to testify.
In return for his actions, Jason has received death threats, along
with the rest of his family, from the perpetrators and their cohorts.
Because funding for juvenile witness assistance programs must compete
for priority with the need to hire assistant district attorneys,
investigators, stenographers, and the like, Jason's mother has been
forced to remove her son from school for the last 5\1/2\ months and
place him in hiding.
For doing the right thing, Jason will have to repeat the eighth
grade, and for quite a while will have to hide in fear for his life.
Shortly before Jason's case, in January of this year, another young
boy, Leroy B.J. Brown from Bridgeport, Connecticut, stepped forth to do
the right thing in his time, to assist local authorities in prosecuting
drug dealers.
Eight-year-old B.J. was scheduled to testify about a shooting that he
had witnessed, but before he could testify, he and his mother were
murdered.
[[Page H4380]]
Both of these kids were good, law-abiding citizens who were willing
to step forth and do something many adults are not ready to do, stand
up against crime in their community.
Our State and local prosecutors should be encouraged to develop
programs to support such kids when they do the right thing. This
amendment will do just that, and I hope it is adopted.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. Does the gentleman from Florida (Mr. McCollum) seek
recognition?
Mr. McCOLLUM. Mr. Chairman, I ask to claim the time in opposition.
The CHAIRMAN. The gentleman from Florida (Mr. McCollum) is recognized
for 5 minutes in opposition.
Mr. McCOLLUM. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I do not oppose this amendment, I support it. I just
want to clarify a few things about it.
First of all, it is a big problem right now in this country, witness
intimidation. It is a problem not only with juveniles, but across-the-
board. A significant section in my amendment, a larger comprehensive
amendment I am going to offer in a few minutes, deals with witness
intimidation, bribery, crossing State lines. It even has a death
penalty if you murder somebody in a witness intimidation setting under
those circumstances.
{time} 1400
What the gentleman is offering here perhaps is included in our
already existing No. 5 provision in our grant program, the underlying
1501 use provisions; that is, what the States can use the money for.
But I think it amplifies and makes it very clear that we are not just
doing what provision No. 5 says; that is, States may do more than
simply provide funds to enable prosecutors to address drug, gang and
youth violence problems more effectively, and for the technology,
equipment and training to assist the prosecutors in identifying and
expediting the prosecution of violent juvenile offenders, which No. 5
provides for in the existing bill, but it also will now, with the
gentleman's amendment that I support, make certain that States can use
the money to provide funding to prosecutors for the purpose of
establishing and maintaining juvenile witness assistance programs.
That might have been interpreted to be included in the one I read
earlier, No. 5, but it is not clear, as clear as now with this
amendment. So I think this is a good amendment. We should be helping
prosecutors protect witnesses in juvenile programs.
I encourage the adoption of this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. CAPUANO. Mr. Chairman, I yield such time as he may consume to the
gentleman from Virginia (Mr. Scott).
Mr. SCOTT. Mr. Chairman, following the gentleman from Florida (Mr.
McCollum), this amendment I think if we had had an opportunity to
consider it in committee, although we did not have an opportunity but
had we had an opportunity, I think it certainly would have been
included because this kind of activity was anticipated to be covered by
the bill.
I thank the gentleman for offering it and only wish that we had had
an opportunity to consider it in committee, but we did not have a full
committee consideration so the gentleman had to introduce it on the
floor, and I thank him for that.
Mr. CAPUANO. Mr. Chairman, I yield back the balance of my time.
Mr. McCOLLUM. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Massachusetts (Mr. Capuano).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 5 printed
in part A of House Report 106-186.
Amendment No. 5 offered by Mr. Wise
Mr. WISE. Mr. Chairman, on behalf of the gentleman from Michigan (Mr.
Stupak) and myself, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A amendment No. 5 offered by Mr. Wise:
Page 4, line 18, strike ``and'' at the end.
Page 4, line 21, strike the period at the end and insert a
semicolon.
Page 4, after line 21, insert the following (and make such
technical and conforming changes as may be appropriate):
``(14) supporting the independent State development and
operation of confidential, toll-free telephone hotlines that
will operate 7 days per week, 24 hours per day, in order to
provide students, school officials, and other individuals
with the opportunity to report specific threats of imminent
school violence or to report other suspicious or criminal
conduct by juveniles to appropriate State and local law
enforcement entities for investigation;
``(15) ensuring proper State training of personnel who
answer and respond to telephone calls to hotlines described
in paragraph (14);
``(16) assisting in the acquisition of technology necessary
to enhance the effectiveness of hotlines described in
paragraph (14), including the utilization of Internet web-
pages or resources;
``(17) enhancing State efforts to offer appropriate
counseling services to individuals who call a hotline
described in paragraph (14) threatening to do harm to
themselves or others; and
``(18) furthering State efforts to publicize the services
offered by the hotlines described in paragraph (14) and to
encourage individuals to utilize those services.
The CHAIRMAN. Pursuant to House Resolution 209, the gentleman from
West Virginia (Mr. Wise) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from West Virginia (Mr. Wise).
Mr. WISE. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman from
Michigan (Mr. Stupak), the cosponsor of the amendment.
Mr. STUPAK. Mr. Chairman, I thank the gentleman from West Virginia
(Mr. Wise) for yielding me this time.
Mr. Chairman, I rise today to support my amendment to create new
school violence hotlines. Both the gentleman from West Virginia (Mr.
Wise) and I have been working on this important amendment to help our
communities prevent acts of violence at schools. I thank my colleague,
the gentleman from West Virginia (Mr. Wise) for his efforts and his
hard work on this and urge my colleagues to adopt this amendment.
Our amendment allows States to create and operate confidential, toll
free, telephone hotlines that operate 24 hours a day, 7 days per week,
in order to provide students, parents, school officials and others the
opportunity to report specific threats of imminent school violence to
appropriate State and law enforcement entities.
Our amendment also ensures that the States properly train people to
answer and respond to telephone calls and assist States in the
acquisition of technology to administer the hotlines.
Mr. Chairman, hotlines will provide parents and students an important
tool in our effort to reduce school violence. As chair of the
Democratic Crime and Drug Task Force, we have met over the last year
with school officials and they have detailed to us how these hotlines
are particularly valuable because they allow students to report
anonymously, avoiding much of the peer pressure that so often affects
their behavior.
No kid wants to be considered a snitch in their school and many times
potential acts of violence go unreported because of the pressure
students feel from their peers.
Additionally and most importantly, students often fail to report
potential violence because of fear that the weapons or the violence
that they are to report may be used against them if they are found out
to be the one who reported to authorities. These hotlines will
eliminate the pressure and allow kids to come forward without fear of
retaliation.
Mr. Chairman, I urge my colleagues to support this important
amendment. The Senate adopted a similar provision sponsored by Senators
Robb and Sessions. We can make this easier for our children to report
potential violent acts at school and we can provide a valuable tool to
our communities to help reduce school violence.
I would like to thank my staff, in particular Dave Buchanan, for all
of his hard work on this.
Mr. McCOLLUM. Mr. Chairman, I ask unanimous consent to claim the time
in opposition.
The CHAIRMAN. Is there objection to the request of the gentleman from
Florida?
There was no objection.
Mr. McCOLLUM. Mr. Chairman, I yield myself such time as I may
consume.
[[Page H4381]]
Mr. Chairman, I support this amendment. I think it is a good
amendment. It adds one more provision to this bill that is really a
complimentary thing with respect to what the funds in the grant program
for the juvenile justice systems improvement can be used for. In other
words, there is a very important hotline issue here about schools and
training folks to be able to use that hotline to report potential
violence in the school and criminal conduct in the school among
juveniles, and it strikes me that that is indeed at this point,
whenever one sees something such as a threat of violence by a teenager
in a school occurring, at that point in time the juvenile justice
system is enacted, it is in contact, it is a part of this system at
that point that we want to see these funds used to improve.
So it strikes me, again, that this is at the very initial stage of
where we want the line to be drawn for the money to be used in this
legislation. That is, when the juvenile justice system first comes into
play, when that first telephone ring comes about, 911 or through the
hotline that is established here as a special hotline, to the local
authorities about something that is going on in a school, I think that
is extremely important. So I support this amendment and urge its
adoption to make sure that the use of money in this respect under this
bill is allowable. I think it is already, but if it is not that
certainly clarifies it.
Mr. Chairman, I yield back the balance of my time.
Mr. WISE. Mr. Chairman, I yield 30 seconds to the gentleman from
Michigan (Mr. Conyers), the distinguished ranking member.
Mr. CONYERS. Mr. Chairman, I thank the gentleman from West Virginia
(Mr. Wise) for yielding me this time.
Mr. Chairman, I think this is an excellent amendment. I wanted to
praise the gentleman from Michigan (Mr. Stupak) for joining the
gentleman from West Virginia (Mr. Wise) on it. He is one of the Members
in the Michigan delegation that is standing up to incredible scrutiny
and he is standing tall as we consider juvenile justice and gun safety
measures here during the week and into next week. I thought that this
would be an appropriate place to make that observation.
Mr. WISE. Mr. Chairman, I yield myself the balance of the time.
Mr. Chairman, as I listened to people across the State at four school
violence hearings last summer, several good ideas emerged and one of
them is the creation of a statewide toll free school violence hotline.
Today the amendment that the gentleman from Michigan (Mr. Stupak) and I
are offering to the juvenile justice bill specifies that the block
grant funds in this bill can be used to create a hotline and to train
and support the personnel to operate it.
This toll free hotline is a place where students and teachers or
anyone else can call to report suspicious behavior, to make this call
anonymously, without fear of exposure or retaliation.
Students have told me that many times they hesitate to alert others
of potentially violent situations because they are afraid of being
labeled a snitch or they are afraid of retaliation. This hotline would
allow authorities to review the information without putting the person
passing it along in danger. This is going to be vital for many of our
smaller counties that might not be able to take this on by themselves.
But check with Harrison County in West Virginia, for instance, or
Berkeley County or others that have implemented such a hotline to see
how important they think it is, as other States have done across the
country.
We have investigated many ways that one can have such a hotline and
each State can take its own means, but it is important that we put this
in the bill so that States know that they can use these block grant
monies to create a toll free, statewide school violence hotline that
can protect many of our young people from violence and give them the
opportunity to report what they consider to be a violent situation.
When our school doors reopen this fall, with this in the bill, we
will have made our schools safer, and I appreciate greatly the chairman
of the subcommittee and the chairman of the full committee for agreeing
to this amendment.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from West Virginia (Mr. Wise).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 6 printed
in part A of House Report 106-186.
Amendment No. 6 Offered by Mr. McCollum.
Mr. McCOLLUM. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A amendment No. 6 offered by Mr. McCollum:
Page 1, beginning on line 4, strike ``Consequences for
Juvenile Offenders'' and insert ``Child Safety and Youth
Violence Prevention''.
Page 1, after line 5, insert the following:
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--CONSEQUENCES FOR JUVENILE OFFENDERS ACT OF 1999
Sec. 101. Short title.
Sec. 102. Grant program.
TITLE II--JUVENILE JUSTICE REFORM
Sec. 201. Delinquency proceedings or criminal prosecutions in district
courts.
Sec. 202. Custody prior to appearance before judicial officer.
Sec. 203. Technical and conforming amendments to section 5034.
Sec. 204. Detention prior to disposition or sentencing.
Sec. 205. Speedy trial.
Sec. 206. Disposition; availability of increased detention, fines and
supervised release for juvenile offenders.
Sec. 207. Juvenile records and fingerprinting.
Sec. 208. Technical amendments of sections 5031 and 5034.
Sec. 209. Clerical amendments to table of sections for chapter 403.
TITLE III--EFFECTIVE ENFORCEMENT OF FEDERAL FIREARMS LAWS
Sec. 301. Armed criminal apprehension program.
Sec. 302. Annual reports.
Sec. 303. Authorization of appropriations.
Sec. 304. Cross-designation of Federal prosecutors.
TITLE IV--LIMITING JUVENILE ACCESS TO FIREARMS AND EXPLOSIVES
Sec. 401. Increased penalties for unlawful juvenile possession of
firearms.
Sec. 402. Increased penalties and mandatory minimum sentence for
unlawful transfer of firearm to juvenile.
Sec. 403. Prohibiting possession of explosives by juveniles and young
adults.
TITLE V--PREVENTING CRIMINAL ACCESS TO FIREARMS AND EXPLOSIVES
Sec. 501. Criminal prohibition on distribution of certain information
relating to explosives, destructive devices, and weapons
of mass destruction.
Sec. 502. Requiring thefts from common carriers to be reported.
Sec. 503. Voluntary submission of dealer's records.
Sec. 504. Grant program for juvenile records.
TITLE VI--PUNISHING AND DETERRING CRIMINAL USE OF FIREARMS AND
EXPLOSIVES
Sec. 601. Mandatory minimum sentence for discharging a firearm in a
school zone.
Sec. 602. Apprehension and procedural treatment of armed violent
criminals.
Sec. 603. Increased penalties for possessing or transferring stolen
firearms.
Sec. 604. Increased mandatory minimum penalties for using a firearm to
commit a crime of violence or drug trafficking crime.
Sec. 605. Increased penalties for misrepresented firearms purchase in
aid of a serious violent felony.
Sec. 606. Increasing penalties on gun kingpins.
Sec. 607. Serious recordkeeping offenses that aid gun trafficking.
Sec. 608. Termination of firearms dealer's license upon felony
conviction.
Sec. 609. Increased penalty for transactions involving firearms with
obliterated serial numbers.
Sec. 610. Forfeiture for gun trafficking.
Sec. 611. Increased penalty for firearms conspiracy.
Sec. 612. Gun convictions as predicate crimes for Armed Career Criminal
Act.
Sec. 613. Serious juvenile drug trafficking offenses as Armed Career
Criminal Act predicates.
Sec. 614. Forfeiture of firearms used in crimes of violence and
felonies.
Sec. 615. Separate licenses for gunsmiths.
Sec. 616. Permits and background checks for purchases of explosives.
Sec. 617. Persons prohibited from receiving or possessing explosives.
[[Page H4382]]
TITLE VII--PUNISHING GANG VIOLENCE AND DRUG TRAFFICKING TO MINORS
Sec. 701. Increased mandatory minimum penalties for using minors to
distribute drugs.
Sec. 702. Increased mandatory minimum penalties for distributing drugs
to minors.
Sec. 703. Increased mandatory minimum penalties for drug trafficking in
or near a school or other protected location.
Sec. 704. Criminal street gangs.
Sec. 705. Increase in offense level for participation in crime as a
gang member.
Sec. 706. Interstate and foreign travel or transportation in aid of
criminal gangs.
Sec. 707. Gang-related witness intimidation and retaliation.
TITLE I--CONSEQUENCES FOR JUVENILE OFFENDERS ACT OF 1999
SEC. 101. SHORT TITLE.
This title may be cited as the ``Consequences for Juvenile
Offenders Act of 1999''.
Page 2, line 1, strike ``2'' and insert ``102''.
Page 4, line 11, strike the period and insert a semicolon.
Page 6, line 10, strike ``juvenile'' and all that follows
through ``every'' on line 11 and insert the following: ``a
juvenile offender for each delinquent''.
Page 6, line 13, strike ``or criminal''.
Page 16, line 16, strike ``utilized'' and insert the
following: ``used by a State or unit of local government that
receives a grant under this part''.
Page 16, line 18, strike ``(a)(2)'' and insert ``(b)''.
Page 20, strike line 4, and insert the following:
(b) Clerical Amendments.--
(1) Authorization of appropriations.--Section 1001(a)(16)
of the Omnibus Crime Control and Safe Streets Act of 1965 is
amended by striking subparagraph (E).
(2) Table of contents.--The table of contents
At the end of the bill, insert the following:
TITLE II--JUVENILE JUSTICE REFORM
SEC. 201. DELINQUENCY PROCEEDINGS OR CRIMINAL PROSECUTIONS IN
DISTRICT COURTS.
Section 5032 of title 18, United States Code, is amended to
read as follows:
``Sec. 5032. Delinquency proceedings or criminal prosecutions
in district courts
``(a)(1) A juvenile alleged to have committed an offense
against the United States or an act of juvenile delinquency
may be surrendered to State or Indian tribal authorities, but
if not so surrendered, shall be proceeded against as a
juvenile under this subsection or tried as an adult in the
circumstances described in subsections (b) and (c).
``(2) A juvenile may be proceeded against as a juvenile in
a court of the United States under this subsection if--
``(A) the alleged offense or act of juvenile delinquency is
committed within the special maritime and territorial
jurisdiction of the United States and is one for which the
maximum authorized term of imprisonment does not exceed 6
months; or
``(B) the Attorney General, after investigation, certifies
to the appropriate United States district court that--
``(i) the juvenile court or other appropriate court of a
State or Indian tribe does not have jurisdiction or declines
to assume jurisdiction over the juvenile with respect to the
alleged act of juvenile delinquency, or
``(ii) there is a substantial Federal interest in the case
or the offense to warrant the exercise of Federal
jurisdiction.
``(3) If the Attorney General does not so certify or does
not have authority to try such juvenile as an adult, such
juvenile shall be surrendered to the appropriate legal
authorities of such State or tribe.
``(4) If a juvenile alleged to have committed an act of
juvenile delinquency is proceeded against as a juvenile under
this section, any proceedings against the juvenile shall be
in an appropriate district court of the United States. For
such purposes, the court may be convened at any time and
place within the district, and shall be open to the public,
except that the court may exclude all or some members of the
public, other than a victim unless the victim is a witness in
the determination of guilt or innocence, if required by the
interests of justice or if other good cause is shown. The
Attorney General shall proceed by information or as
authorized by section 3401(g) of this title, and no criminal
prosecution shall be instituted except as provided in this
chapter.
``(b)(1) Except as provided in paragraph (2), a juvenile
shall be prosecuted as an adult--
``(A) if the juvenile has requested in writing upon advice
of counsel to be prosecuted as an adult; or
``(B) if the juvenile is alleged to have committed an act
after the juvenile attains the age of 14 years which if
committed by an adult would be a serious violent felony or a
serious drug offense described in section 3559(c) of this
title, or a conspiracy or attempt to commit that felony or
offense, which is punishable under section 406 of the
Controlled Substances Act (21 U.S.C. 846), or section 1013 of
the Controlled Substances Import and Export Act (21 U.S.C.
963).
``(2) The requirements of paragraph (1) do not apply if the
Attorney General certifies to the appropriate United States
district court that the interests of public safety are best
served by proceeding against the juvenile as a juvenile.
``(c)(1) A juvenile may also be prosecuted as an adult if
the juvenile is alleged to have committed an act after the
juvenile has attained the age of 13 years which if committed
by a juvenile after the juvenile attained the age of 14 years
would require that the juvenile be prosecuted as an adult
under subsection (b), upon approval of the Attorney General.
``(2) The Attorney General shall not delegate the authority
to give the approval required under paragraph (1) to an
officer or employee of the Department of Justice at a level
lower than a Deputy Assistant Attorney General.
``(3) Such approval shall not be granted, with respect to a
juvenile who has not attained the age of 14 and who is
subject to the criminal jurisdiction of an Indian tribal
government and who is alleged to have committed an act over
which, if committed by an adult, there would be Federal
jurisdiction based solely on its commission in Indian country
(as defined in section 1151), unless the governing body of
the tribe having jurisdiction over the place in which the
alleged act was committed has before such act notified the
Attorney General in writing of its election that prosecution
may take place under this subsection.
``(4) A juvenile may also be prosecuted as an adult if the
juvenile is alleged to have committed an act which is not
described in subsection (b)(1)(B) after the juvenile has
attained the age of 14 years and which if committed by an
adult would be--
``(A) a crime of violence (as defined in section
3156(a)(4)) that is a felony;
``(B) an offense described in section 844(d), (k), or (l),
or subsection (a)(4) or (6), (b), (g), (h), (j), (k), or (l)
of section 924;
``(C) a violation of section 922(o) that is an offense
under section 924(a)(2);
``(D) a violation of section 5861 of the Internal Revenue
Code of 1986 that is an offense under section 5871 of such
Code (26 U.S.C. 5871);
``(E) a conspiracy to commit an offense described in any of
subparagraphs (A) through (D); or
``(F) an offense described in section 401 or 408 of the
Controlled Substances Act (21 U.S.C. 841, 848) or a
conspiracy or attempt to commit that offense which is
punishable under section 406 of the Controlled Substances Act
(21 U.S.C. 846), or an offense punishable under section 409
or 419 of the Controlled Substances Act (21 U.S.C. 849, 860),
or an offense described in section 1002, 1003, 1005, or 1009
of the Controlled Substances Import and Export Act (21 U.S.C.
952, 953, 955, or 959), or a conspiracy or attempt to commit
that offense which is punishable under section 1013 of the
Controlled Substances Import and Export Act (21 U.S.C. 963).
``(d) A determination to approve or not to approve, or to
institute or not to institute, a prosecution under subsection
(b) or (c), and a determination to file or not to file, and
the contents of, a certification under subsection (a) or (b)
shall not be reviewable in any court.
``(e) In a prosecution under subsection (b) or (c), the
juvenile may be prosecuted and convicted as an adult for any
other offense which is properly joined under the Federal
Rules of Criminal Procedure, and may also be convicted of a
lesser included offense.
``(f) The Attorney General shall annually report to
Congress--
``(1) the number of juveniles adjudicated delinquent or
tried as adults in Federal court;
``(2) the race, ethnicity, and gender of those juveniles;
``(3) the number of those juveniles who were abused or
neglected by their families, to the extent such information
is available; and
``(4) the number and types of assault crimes, such as rapes
and beatings, committed against juveniles while incarcerated
in connection with the adjudication or conviction.
``(g) As used in this section--
``(1) the term `State' includes a State of the United
States, the District of Columbia, any commonwealth,
territory, or possession of the United States and, with
regard to an act of juvenile delinquency that would have been
a misdemeanor if committed by an adult, a federally
recognized tribe; and
``(2) the term `serious violent felony' has the same
meaning given that term in section 3559(c)(2)(F)(i).''.
SEC. 202. CUSTODY PRIOR TO APPEARANCE BEFORE JUDICIAL
OFFICER.
Section 5033 of title 18, United States Code, is amended to
read as follows:
``Sec. 5033. Custody prior to appearance before judicial
officer
``(a) Whenever a juvenile is taken into custody, the
arresting officer shall immediately advise such juvenile of
the juvenile's rights, in language comprehensible to a
juvenile. The arresting officer shall promptly take
reasonable steps to notify the juvenile's parents, guardian,
or custodian of such custody, of the rights of the juvenile,
and of the nature of the alleged offense.
``(b) The juvenile shall be taken before a judicial officer
without unreasonable delay.''.
SEC. 203. TECHNICAL AND CONFORMING AMENDMENTS TO SECTION
5034.
Section 5034 of title 18, United States Code, is amended--
(1) by striking ``The'' each place it appears at the
beginning of a paragraph and inserting ``the'';
[[Page H4383]]
(2) by striking ``If'' at the beginning of the 3rd
paragraph and inserting ``if'';
(3)(A) by designating the 3 paragraphs as paragraphs (1),
(2), and (3), respectively; and
(B) by moving such designated paragraphs 2 ems to the
right; and
(4) by inserting at the beginning of such section before
those paragraphs the following:
``In a proceeding under section 5032(a)--''.
SEC. 204. DETENTION PRIOR TO DISPOSITION OR SENTENCING.
Section 5035 of title 18, United States Code, is amended to
read as follows:
``Sec. 5035. Detention prior to disposition or sentencing
``(a) A juvenile alleged to be delinquent or a juvenile
being prosecuted as an adult, if detained at any time prior
to sentencing, shall be detained in such suitable place as
the Attorney General may designate. Whenever appropriate,
detention shall be in a foster home or community based
facility. Preference shall be given to a place located
within, or within a reasonable distance of, the district in
which the juvenile is being prosecuted.
``(b) To the maximum extent feasible, a juvenile prosecuted
pursuant to subsection (b) or (c) of section 5032 shall not
be detained prior to sentencing in any facility in which the
juvenile has regular contact with adult persons convicted of
a crime or awaiting trial on criminal charges.
``(c) A juvenile who is proceeded against under section
5032(a) shall not be detained prior to disposition in any
facility in which the juvenile has regular contact with adult
persons convicted of a crime or awaiting trial on criminal
charges.
``(d) Every juvenile who is detained prior to disposition
or sentencing shall be provided with reasonable safety and
security and with adequate food, heat, light, sanitary
facilities, bedding, clothing, recreation, education, and
medical care, including necessary psychiatric, psychological,
or other care and treatment.''.
SEC. 205. SPEEDY TRIAL.
Section 5036 of title 18, United States Code, is amended
by--
(1) striking ``If an alleged delinquent'' and inserting
``If a juvenile proceeded against under section 5032(a)'';
(2) striking ``thirty'' and inserting ``45''; and
(3) striking ``the court,'' and all that follows through
the end of the section and inserting ``the court. The periods
of exclusion under section 3161(h) of this title shall apply
to this section.''.
SEC. 206. DISPOSITION; AVAILABILITY OF INCREASED DETENTION,
FINES AND SUPERVISED RELEASE FOR JUVENILE
OFFENDERS.
(a) Disposition.--Section 5037 of title 18, United States
Code, is amended to read as follows:
``Sec. 5037. Disposition
``(a) In a proceeding under section 5032(a), if the court
finds a juvenile to be a juvenile delinquent, the court shall
hold a hearing concerning the appropriate disposition of the
juvenile no later than 40 court days after the finding of
juvenile delinquency, unless the court has ordered further
study pursuant to subsection (e). A predisposition report
shall be prepared by the probation officer who shall promptly
provide a copy to the juvenile, the juvenile's counsel, and
the attorney for the Government. Victim impact information
shall be included in the report, and victims, or in
appropriate cases their official representatives, shall be
provided the opportunity to make a statement to the court in
person or present any information in relation to the
disposition. After the dispositional hearing, and after
considering the sanctions recommended pursuant to subsection
(f), the court shall impose an appropriate sanction,
including the ordering of restitution pursuant to section
3556 of this title. The court may order the juvenile's
parent, guardian, or custodian to be present at the
dispositional hearing and the imposition of sanctions and may
issue orders directed to such parent, guardian, custodian
regarding conduct with respect to the juvenile. With respect
to release or detention pending an appeal or a petition for a
writ of certiorari after disposition, the court shall proceed
pursuant to chapter 207.
``(b) The term for which probation may be ordered for a
juvenile found to be a juvenile delinquent may not extend
beyond the maximum term that would be authorized by section
3561(c) if the juvenile had been tried and convicted as an
adult. Sections 3563, 3564, and 3565 are applicable to an
order placing a juvenile on probation.
``(c) The term for which official detention may be ordered
for a juvenile found to be a juvenile delinquent may not
extend beyond the lesser of--
``(1) the maximum term of imprisonment that would be
authorized if the juvenile had been tried and convicted as an
adult;
``(2) ten years; or
``(3) the date when the juvenile becomes twenty-six years
old.
Section 3624 is applicable to an order placing a juvenile in
detention.
``(d) The term for which supervised release may be ordered
for a juvenile found to be a juvenile delinquent may not
extend beyond 5 years. Subsections (c) through (i) of section
3583 apply to an order placing a juvenile on supervised
release.
``(e) If the court desires more detailed information
concerning a juvenile alleged to have committed an act of
juvenile delinquency or a juvenile adjudicated delinquent, it
may commit the juvenile, after notice and hearing at which
the juvenile is represented by counsel, to the custody of the
Attorney General for observation and study by an appropriate
agency or entity. Such observation and study shall be
conducted on an outpatient basis, unless the court determines
that inpatient observation and study are necessary to obtain
the desired information. In the case of an alleged juvenile
delinquent, inpatient study may be ordered only with the
consent of the juvenile and the juvenile's attorney. The
agency or entity shall make a study of all matters relevant
to the alleged or adjudicated delinquent behavior and the
court's inquiry. The Attorney General shall submit to the
court and the attorneys for the juvenile and the Government
the results of the study within 30 days after the commitment
of the juvenile, unless the court grants additional time.
Time spent in custody under this subsection shall be excluded
for purposes of section 5036.
``(f)(1) The United States Sentencing Commission, in
consultation with the Attorney General, shall develop a list
of possible sanctions for juveniles adjudicated delinquent.
``(2) Such list shall--
``(A) be comprehensive in nature and encompass punishments
of varying levels of severity;
``(B) include terms of confinement; and
``(C) provide punishments that escalate in severity with
each additional or subsequent more serious delinquent
conduct.''.
(b) Effective Date.--The Sentencing Commission shall
develop the list required pursuant to section 5037(f), as
amended by subsection (a), not later than 180 days after the
date of the enactment of this Act.
(c) Conforming Amendment to Adult Sentencing Section.--
Section 3553 of title 18, United States Code, is amended by
adding at the end the following:
``(g) Limitation on Applicability of Statutory Minimums in
Certain Prosecutions of Persons Under the Age of 16.--
Notwithstanding any other provision of law, in the case of a
defendant convicted for conduct that occurred before the
juvenile attained the age of 16 years, the court shall impose
a sentence without regard to any statutory minimum sentence,
if the court finds at sentencing, after affording the
Government an opportunity to make a recommendation, that the
juvenile has not been previously adjudicated delinquent for
or convicted of an offense described in section
5032(b)(1)(B).''.
SEC. 207. JUVENILE RECORDS AND FINGERPRINTING.
Section 5038 of title 18, United States Code, is amended to
read as follows:
``Sec. 5038. Juvenile records and fingerprinting
``(a)(1) Throughout and upon the completion of the juvenile
delinquency proceeding under section 5032(a), the court shall
keep a record relating to the arrest and adjudication that
is--
``(A) equivalent to the record that would be kept of an
adult arrest and conviction for such an offense; and
``(B) retained for a period of time that is equal to the
period of time records are kept for adult convictions.
``(2) Such records shall be made available for official
purposes, including communications with any victim or, in the
case of a deceased victim, such victim's representative, or
school officials, and to the public to the same extent as
court records regarding the criminal prosecutions of adults
are available.
``(b) The Attorney General shall establish guidelines for
fingerprinting and photographing a juvenile who is the
subject of any proceeding authorized under this chapter. Such
guidelines shall address the availability of pictures of any
juvenile taken into custody but not prosecuted as an adult.
Fingerprints and photographs of a juvenile who is prosecuted
as an adult shall be made available in the manner applicable
to adult offenders.
``(c) Whenever a juvenile has been adjudicated delinquent
for an act that, if committed by an adult, would be a felony
or for a violation of section 924(a)(6), the court shall
transmit to the Federal Bureau of Investigation the
information concerning the adjudication, including name, date
of adjudication, court, offenses, and sentence, along with
the notation that the matter was a juvenile adjudication.
``(d) In addition to any other authorization under this
section for the reporting, retention, disclosure, or
availability of records or information, if the law of the
State in which a Federal juvenile delinquency proceeding
takes place permits or requires the reporting, retention,
disclosure, or availability of records or information
relating to a juvenile or to a juvenile delinquency
proceeding or adjudication in certain circumstances, then
such reporting, retention, disclosure, or availability is
permitted under this section whenever the same circumstances
exist.''.
SEC. 208. TECHNICAL AMENDMENTS OF SECTIONS 5031 AND 5034.
(a) Elimination of Pronouns.--Sections 5031 and 5034 of
title 18, United States Code, are each amended by striking
``his'' each place it appears and inserting ``the
juvenile's''.
(b) Updating of Reference.--Section 5034 of title 18,
United States Code, is amended--
(1) in the heading of such section, by striking
``magistrate'' and inserting ``judicial officer''; and
(2) by striking ``magistrate'' each place it appears and
inserting ``judicial officer''.
[[Page H4384]]
SEC. 209. CLERICAL AMENDMENTS TO TABLE OF SECTIONS FOR
CHAPTER 403.
The heading and the table of sections at the beginning of
chapter 403 of title 18, United States Code, is amended to
read as follows:
``CHAPTER 403--JUVENILE DELINQUENCY
``Sec.
``5031. Definitions.
``5032. Delinquency proceedings or criminal prosecutions in district
courts.
``5033. Custody prior to appearance before judicial officer.
``5034. Duties of judicial officer.
``5035. Detention prior to disposition or sentencing.
``5036. Speedy trial.
``5037. Disposition.
``5038. Juvenile records and fingerprinting.
``5039. Commitment.
``5040. Support.
``5041. Repealed.
``5042. Revocation of probation.''.
TITLE III--EFFECTIVE ENFORCEMENT OF FEDERAL FIREARMS LAWS
SEC. 301. ARMED CRIMINAL APPREHENSION PROGRAM.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Attorney General shall establish
in the office of each United States Attorney a program that
meets the requirements of subsections (b) and (c). The
program shall be known as the ``Armed Criminal Apprehension
Program''.
(b) Program Requirements.--In the office of each United
States Attorney, the program established under subsection (a)
shall--
(1) provide for coordination with State and local law
enforcement officials in the identification of violations of
Federal firearms laws;
(2) provide for the establishment of agreements with State
and local law enforcement officials for the referral to the
Bureau of Alcohol, Tobacco, and Firearms and the United
States Attorney for prosecution of persons arrested for
violations of chapter 44 of title 18, United States Code, or
section 5861(d) or 5861(h) of the Internal Revenue Code of
1986, relating to firearms;
(3) require that the United States Attorney designate not
less than 1 Assistant United States Attorney to prosecute
violations of Federal firearms laws;
(4) provide for the hiring of agents for the Bureau of
Alcohol, Tobacco, and Firearms to investigate violations of
the provisions referred to in paragraph (2); and
(5) ensure that each person referred to the United States
Attorney under paragraph (2) be charged with a violation of
the most serious Federal firearm offense consistent with the
act committed.
(c) Public Education Campaign.--As part of the program,
each United States Attorney shall carry out, in cooperation
with local civic, community, law enforcement, and religious
organizations, an extensive media and public outreach
campaign focused in high-crime areas to--
(1) educate the public about the severity of penalties for
violations of Federal firearms laws; and
(2) encourage law-abiding citizens to report the possession
of illegal firearms to authorities.
(d) Waiver Authority.--
(1) Request for waiver.--A United States attorney may
request the Attorney General to waive the requirements of
subsection (b) with respect to the United States attorney.
(2) Provision of waiver.--The Attorney General may waive
the requirements of subsection (b) pursuant to a request made
under paragraph (1), in accordance with guidelines which
shall be established by the Attorney General. In establishing
the guidelines, the Attorney General shall take into
consideration the number of assistant United States attorneys
in the office of the United States attorney making the
request and the level of violent youth crime committed in the
district for which the United States attorney is appointed.
SEC. 302. ANNUAL REPORTS.
Not later than 1 year after the date of enactment of this
Act, and annually thereafter, the Attorney General shall
submit to the Committees on the Judiciary of Senate and House
of Representatives a report containing the following
information:
(1) The number of Assistant United States Attorneys
deisgnated under the program under section 301 and cross-
deisgnated under section 304 during the year preceding the
year in which the report is submitted in order to prosecute
violations of Federal firearms laws in Federal court.
(2) The number of individuals indicted for such violations
during that year by reason of the program.
(3) The increase or decrease in the number of individuals
indicted for such violations during that year by reason of
the program when compared with the year preceding that year.
(4) The number of individuals held without bond in
anticipation of prosecution by reason of the program.
(5) The average length of prison sentence of the
individuals convicted of violations of Federal firearms laws
by reason of the program.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to carry out the program under section 301
$50,000,000 for fiscal year 2000, of which--
(1) $40,000,000 shall be used for salaries and expenses of
Assistant United States Attorneys and Bureau of Alcohol,
Tobacco, and Firearms agents; and
(2) $10,000,000 shall be available for the public relations
campaign required by subsection (c) of that section.
(b) Use of Funds.--
(1) The Assistant United States Attorneys hired using
amounts appropriated pursuant to the authorization of
appropriations in subsection (a) shall prosecute violations
of Federal firearms laws in accordance with section
301(b)(3).
(2) The Bureau of Alcohol, Tobacco, and Firearms agents
hired using amounts appropriated pursuant to the
authorization of appropriations in subsection (a) shall, to
the maximum extent practicable, concentrate their
investigations on violations of Federal firearms laws in
accordance with section 301(b)(4).
(3) It is the sense of Congress that amounts made available
under this section for the public education campaign required
by section 301(c) should, to the maximum extent practicable,
be matched with State or local funds or private donations.
(c) Authorization of Additional Appropriations.--In
addition to amounts made available under subsection (a),
there is authorized to be appropriated to the Administrative
Office of the United States Courts such sums as may be
necessary to carry out this title.
SEC. 304. CROSS-DESIGNATION OF FEDERAL PROSECUTORS.
To better assist state and local law enforcement agencies
in the investigation and prosecution of firearms offenses,
each United States Attorney may cross-designate one or more
Assistant United States Attorneys to prosecute firearms
offenses under State law that are similar to those listed in
section 301(b)(2) in State and local courts.
TITLE IV--LIMITING JUVENILE ACCESS TO FIREARMS AND EXPLOSIVES
SEC. 401. INCREASED PENALTIES FOR UNLAWFUL JUVENILE
POSSESSION OF FIREARMS.
Section 924(a) of title 18, United States Code, is
amended--
(1) in paragraph (4) by striking ``Whoever'' and inserting
``Except as provided in paragraph (6) of this subsection,
whoever''; and
(2) by striking paragraph (6) and inserting the following:
``(6)(A) A juvenile who violates section 922(x) shall be
fined under this title, imprisoned not more than 1 year, or
both, except--
``(i) the juvenile shall be fined under this title,
imprisoned not more than 5 years, or both, if--
``(I) the offense of which the juvenile is charged is a
violation of section 922(x); and
``(II) the violation was also with the intent to possess
the handgun, ammunition, large capacity ammunition feeding
device, or semiautomatic assault weapon giving rise to the
violation in a school zone, or knowing that another juvenile
intends to possess the handgun, ammunition, large capacity
feeding device, or semiautomatic assault weapon giving rise
to the violation in a school zone;
``(ii) the juvenile shall be fined under this title,
imprisoned not more than 20 years, or both, if--
``(I) the offense of which the juvenile is charged is a
violation of section 922(x); and
``(II) the violation was also with the intent also to use
the handgun, ammunition, large capacity ammunition feeding
device, or semiautomatic assault weapon giving rise to the
violation in the commission of a violent felony, or knowing
that another juvenile intends to use the handgun, ammunition,
large capacity ammunition feeding device, or semiautomatic
assault weapon giving rise to the violation in the commission
of a serious violent felony.
``(B) For purposes of this paragraph, the term `serious
violent felony' has the meaning given the term in section
3559(c)(2)(F).
``(C) Except as otherwise provided in this chapter, in any
case in which a juvenile is prosecuted in a district court of
the United States, and the juvenile is subject to penalties
under subparagraph (A)(ii), the juvenile shall be subject to
the same laws, rules, and proceedings regarding sentencing
(including the availability of probation, restitution, fines,
forfeiture, imprisonment, and supervised release) that would
be applicable in the case of an adult. No juvenile sentenced
to a term of imprisonment shall be released from custody
simply because the juvenile attains 18 years of age.''.
SEC. 402. INCREASED PENALTIES AND MANDATORY MINIMUM SENTENCE
FOR UNLAWFUL TRANSFER OF FIREARM TO JUVENILE.
Section 924(a)(6) of title 18, United States Code, is
further amended by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively, and by inserting
after subparagraph (A) the following:
``(B) A person other than a juvenile who knowingly violates
section 922(x)--
``(i) shall be fined under this title, imprisoned not more
than 5 years, or both;
``(ii) if the person violated section 922(x)(1) knowing
that a juvenile intended to possess the handgun, ammunition,
large capacity ammunition feeding device, or semiautomatic
assault weapon giving rise to the violation of section
922(x)(1) in a school zone, shall be fined under this title
and imprisoned not less than 3 years and not more than 20
years; and
``(iii) if the person violated section 922(x)(1) knowing
that a juvenile intended to use the handgun, ammunition,
large capacity ammunition feeding device, or semiautomatic
assault weapon giving rise to the violation of
[[Page H4385]]
section 922(x)(1) in the commission of a serious violent
felony, shall be imprisoned not less than 10 years and not
more than 20 years and fined under this title.''.
SEC. 403. PROHIBITING POSSESSION OF EXPLOSIVES BY JUVENILES
AND YOUNG ADULTS.
Section 842 of title 18, United States Code, is amended by
adding at the end the following:
``(r)(1) It shall be unlawful for any person who has not
attained 21 years of age to ship or transport any explosive
materials in interstate or foreign commerce or to receive or
possess any explosive materials which has been shipped or
transported in interstate or foreign commerce.
``(2) This subsection shall not apply to commercially
manufactured black powder in bulk quantities not to exceed
five pounds, and if the person is less than 18 years of age,
the person has the prior written consent of the person's
parents or guardian who is not prohibited by Federal, State,
or local law from possessing explosive materials, and the
person has the prior written consent in the person's
possession at all times when the black powder is in the
possession of the person.''.
TITLE V--PREVENTING CRIMINAL ACCESS TO FIREARMS AND EXPLOSIVES
SEC. 501. CRIMINAL PROHIBITION ON DISTRIBUTION OF CERTAIN
INFORMATION RELATING TO EXPLOSIVES, DESTRUCTIVE
DEVICES, AND WEAPONS OF MASS DESTRUCTION.
(a) Unlawful Conduct.--Section 842 of title 18, United
States Code, is amended by adding at the end the following:
``(p)(1) For purposes of this subsection:
``(A) The term `destructive device' has the same meaning as
in section 921(a)(4).
``(B) The term `explosive' has the same meaning as in
section 844(j).
``(C) The term `weapon of mass destruction' has the same
meaning as in section 2332a(c)(2).
``(2) It shall be unlawful for any person--
``(A) to teach or demonstrate the making or use of an
explosive, a destructive device, or a weapon of mass
destruction, or to distribute by any means information
pertaining to, in whole or in part, the manufacture or use of
an explosive, destructive device, or weapon of mass
destruction, with the intent that the teaching,
demonstration, or information be used for, or in furtherance
of, an activity that constitutes a Federal crime of violence;
or
``(B) to teach or demonstrate to any person the making or
use of an explosive, a destructive device, or a weapon of
mass destruction, or to distribute to any person, by any
means, information pertaining to, in whole or in part, the
manufacture or use of an explosive, destructive device, or
weapon of mass destruction, knowing that such person intends
to use the teaching, demonstration, or information for, or in
furtherance of, an activity that constitutes a Federal crime
of violence.''.
(b) Penalties.--Section 844 of title 18, United States
Code, is amended--
(1) in subsection (a), by striking ``person who violates
any of subsections'' and inserting the following: ``person
who--
``(1) violates any of subsections'';
(2) by striking the period and inserting ``; and'';
(3) by adding at the end the following:
``(2) violates section 842(p)(2), shall be fined under this
title, imprisoned not more than 20 years, or both.''; and
(4) in subsection (j), by inserting ``and section 842(p),''
after ``this section,''.
SEC. 502. REQUIRING THEFTS FROM COMMON CARRIERS TO BE
REPORTED.
(a) Section 922(f) of title 18, United States Code, is
amended by adding at the end the following:
``(3)(A) It shall be unlawful for any common or contract
carrier to fail to report the theft or loss of a firearm
within 48 hours after the theft or loss is discovered. The
theft or loss shall be reported to the Secretary and to the
appropriate local authorities.
``(B) The Secretary may impose a civil fine of not more
than $10,000 on any person who knowingly violates
subparagraph (A).''.
(b) Section 924(a)(1)(B) of title 18, United States Code,
is amended by striking ``(f),'' and inserting ``(f)(1),
(f)(2),''.
SEC. 503. VOLUNTARY SUBMISSION OF DEALER'S RECORDS.
Section 923(g)(4) of title 18, United States Code, is
amended to read as follows:
``(4) Where a firearms or ammunition business is
discontinued and succeeded by a new licensee, the records
required to be kept by this chapter shall appropriately
reflect such facts and shall be delivered to the successor.
Upon receipt of such records the successor licensee may
retain the records of the discontinued business or submit the
discontinued business records to the Secretary. Additionally,
a licensee while maintaining a firearms business may
voluntarily submit the records required to be kept by this
chapter to the Secretary if such records are at least 20
years old. Where discontinuance of the business is absolute,
such records shall be delivered within thirty days after the
business is discontinued to the Secretary. Where State law or
local ordinance requires the delivery of records to another
responsible authority, the Secretary may arrange for the
delivery of such records to such other responsible
authority.''.
SEC. 504. GRANT PROGRAM FOR JUVENILE RECORDS.
(a) Program Authorization.--The Attorney General is
authorized to provide grants to States to improve the quality
and accessibility of juvenile records and to ensure juvenile
records are routinely available for background checks
performed in connection with the transfer of a firearm.
(b) Eligibility.--
(1) In general.--A State that wishes to receive a grant
under this section shall submit an application to the
Attorney General that meets the requirements of paragraph
(2).
(2) Assurance.--The application referred to in paragraph
(1) shall include an assurance that the State has in place a
system of records that ensures that juvenile records are
available for background checks performed in connection with
the transfer of a firearm, in which such system provides
that--
(A) an adjudication of an act of violent juvenile
delinquency as defined in section 921(a)(20)(B) is not
expunged or set aside after a juvenile reaches the age of
majority; and
(B) such a juvenile record is available and retained as if
it were an adult record.
(c) Allocation.--Of the total funds appropriated under
subsection (e), each State that meets the requirements of
subsection (b), shall be allocated an amount which bears the
same ratio to the amount of funds so appropriated as the
population of individuals under the age of 18 living in such
State for the most recent calendar year in which such data is
available bears to the population of such individuals of all
the States that meet the requirements of subsection (b) for
such fiscal year.
(d) Uses of Funds.--A State that receives a grant award
under this section may use such funds to support the
administrative record system referred to in subsection
(b)(2).
(e) Authorization of Appropriation.--There are authorized
to be appropriated to carry out this section, $25,000,000 for
fiscal year 2000 and such sums as may be necessary for each
of the 4 succeeding fiscal years.
TITLE VI--PUNISHING AND DETERRING CRIMINAL USE OF FIREARMS AND
EXPLOSIVES
SEC. 601. MANDATORY MINIMUM SENTENCE FOR DISCHARGING A
FIREARM IN A SCHOOL ZONE.
Section 924(a)(4) of title 18, United States Code, is
amended--
(1) by striking ``922(q) shall be fined'' and inserting
``922(q)(2) shall be fined''; and
(2) by inserting after the first sentence the following:
``Whoever violates section 922(q)(3) with reckless disregard
for the safety of another shall be fined under this title,
imprisoned not more than 20 years, or both, except that if
serious bodily injury results, shall be fined under this
title, imprisoned not more than 25 years, or both, or if
death results and the person has attained 16 years of age but
has not attained 18 years of age, shall be fined under this
title, sentenced to imprisonment for life or for any term of
years, or both, or if death results and the person has
attained 18 years of age, shall be fined under this title,
sentenced to death or to imprisonment for any term of years
or for life, or both. Whoever knowingly violates section
922(q)(3) shall be fined under this title, imprisoned not
less than 10 years and not more than 20 years, or both,
except that if serious bodily injury results, shall be fined
under this title, imprisoned not less than 15 years and not
more than 25 years, or both, or if death results and the
person has attained 16 years of age but has not attained 18
years of age, shall be fined under this title, sentenced to
imprisonment for life, or both, or if death results and the
person has attained 18 years of age, shall be fined under
this title, sentenced to death or to imprisonment for life,
or both.''.
SEC. 602. APPREHENSION AND PROCEDURAL TREATMENT OF ARMED
VIOLENT CRIMINALS.
(a) Pretrial Detention For Possession of Firearms or
Explosives By Convicted Felons.--Section 3156(a)(4) of title
18, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking ``and'' at the end of subparagraph (C) and
inserting ``or''; and
(3) by adding at the end the following:
``(D) an offense that is a violation of section 842(i) or
922(g) (relating to possession of explosives or firearms by
convicted felons); and''.
(b) Firearms Possession By Violent Felons and Serious Drug
Offenders.--Section 924(a)(2) of title 18, United States
Code, is amended--
(1) by striking ``Whoever'' and inserting ``(A) Except as
provided in subparagraph (B), any person who''; and
(2) by adding at the end the following:
``(B) Notwithstanding any other provision of law, the court
shall not grant a probationary sentence for such a violation
to a person who has more than 1 previous conviction for a
violent felony (as defined in subsection (e)(2)(B)) or a
serious drug offense (as defined in subsection (e)(2)(A)),
committed under different circumstances.''.
SEC. 603. INCREASED PENALTIES FOR POSSESSING OR TRANSFERRING
STOLEN FIREARMS.
(a) In General.--Section 924 of title 18, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``(i), (j),''; and
[[Page H4386]]
(B) by adding at the end the following:
``(8) Whoever knowingly violates subsection (i) or (j) of
section 922 shall be fined under this title, imprisoned not
more than 15 years, or both.'';
(2) in subsection (i)(1), by striking ``10'' and inserting
``15''; and
(3) in subsection (l), by striking ``10'' and inserting
``15''.
(b) Sentencing Commission.--The United States Sentencing
Commission shall amend the Federal sentencing guidelines to
reflect the amendments made by subsection (a).
SEC. 604. INCREASED MANDATORY MINIMUM PENALTIES FOR USING A
FIREARM TO COMMIT A CRIME OF VIOLENCE OR DRUG
TRAFFICKING CRIME.
Section 924 of title 18, United States Code, is amended--
(1) in subsection (c)(1)(A)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking ``10 years.'' and
inserting ``12 years; and''; and
(C) by adding at the end the following:
``(iv) if the firearm is used to injure another person, be
sentenced to a term of imprisonment of not less than 15
years.''; and
(2) in subsection (h), by striking ``imprisoned not more
than 10 years'' and inserting ``imprisoned not less than 5
years and not more than 10 years''.
SEC. 605. INCREASED PENALTIES FOR MISREPRESENTED FIREARMS
PURCHASE IN AID OF A SERIOUS VIOLENT FELONY.
(a) In General.--Section 924(a) of title 18, United States
Code, is amended by adding at the end the following:
``(7)(A) Notwithstanding paragraph (2), whoever knowingly
violates section 922(a)(6) for the purpose of selling,
delivering, or otherwise transferring a firearm, knowing or
having reasonable cause to know that another person will
carry or otherwise possess or discharge or otherwise use the
firearm in the commission of a serious violent felony, shall
be--
``(i) fined under this title, imprisoned not more than 15
years, or both; or
``(ii) imprisoned not less than 10 and not more than 20
years and fined under this title, if the procurement is for a
juvenile.
``(B) For purposes of this paragraph--
``(i) the term `juvenile' has the meaning given the term in
section 922(x); and
``(ii) the term `serious violent felony' has the meaning
given the term in section 3559(c)(2)(F).''.
(b) Effective Date.--The amendment made by this section
shall take effect 180 days after the date of enactment of
this Act.
SEC. 606. INCREASING PENALTIES ON GUN KINGPINS.
(a) Increasing the Penalty for Engaging in an Illegal
Firearms Business.--Section 924(a)(2) of title 18, United
States Code, is amended by inserting ``, or willfully
violates section 922(a)(1),'' after ``section 922''.
(b) Sentencing Guidelines Increase for Certain Violations
and Offenses.--Pursuant to its authority under section 994(p)
of title 28, United States Code, the United States Sentencing
Commission shall--
(1) review and amend the Federal sentencing guidelines to
provide an appropriate enhancement for a violation of section
922(a)(1) of title 18, United States Code; and
(2) review and amend the Federal sentencing guidelines to
provide additional sentencing increases, as appropriate, for
offenses involving more than 50 firearms.
The Commission shall promulgate the amendments provided for
under this subsection as soon as is practicable in accordance
with the procedure set forth in section 21(a) of the
Sentencing Act of 1987, as though the authority under that
Act had not expired.
SEC. 607. SERIOUS RECORDKEEPING OFFENSES THAT AID GUN
TRAFFICKING.
Section 924(a)(3) of title 18, United States Code, is
amended by striking the period and inserting ``; but if the
violation is in relation to an offense under subsection
(a)(6) or (d) of section 922, shall be fined under this
title, imprisoned not more than 10 years, or both.''.
SEC. 608. TERMINATION OF FIREARMS DEALER'S LICENSE UPON
FELONY CONVICTION.
Section 925(b) of title 18, United States Code, is amended
by striking ``until any conviction pursuant to the indictment
becomes final'' and inserting ``until the date of any
conviction pursuant to the indictment''.
SEC. 609. INCREASED PENALTY FOR TRANSACTIONS INVOLVING
FIREARMS WITH OBLITERATED SERIAL NUMBERS.
Section 924(a) of title 18, United States Code, is
amended--
(1) in paragraph (1)(B), by striking ``(k),''; and
(2) in paragraph (2), by inserting ``(k),'' after ``(j),''.
SEC. 610. FORFEITURE FOR GUN TRAFFICKING.
Section 982(a) of title 18, United States Code, is amended
by adding at the end the following:
``(9) The court, in imposing a sentence on a person
convicted of a gun trafficking offense, as defined in section
981(a)(1)(G), or a conspiracy to commit such offense, shall
order the person to forfeit to the United States any
conveyance used or intended to be used to commit such
offense, and any property traceable to such conveyance.''.
SEC. 611. INCREASED PENALTY FOR FIREARMS CONSPIRACY.
Section 924 of title 18, United States Code, is further
amended by adding at the end the following:
``(q) Except as otherwise provided in this section, a
person who conspires to commit an offense defined in this
chapter shall be subject to the same penalties (other than
the penalty of death) as those prescribed for the offense the
commission of which is the object of the conspiracy.''.
SEC. 612. GUN CONVICTIONS AS PREDICATE CRIMES FOR ARMED
CAREER CRIMINAL ACT.
(a) Section 924(e)(1) of title 18, United States Code, is
amended--
(1) by striking ``violent felony or a serious drug offense,
or both,'' and inserting ``violent felony, a serious drug
offense or a violation of section 922(g)(1), or a combination
of such offenses,''; and
(2) by adding at the end the following: ``No more than two
convictions for violations of section 922(g)(1) shall be
considered in determining whether a person has three previous
convictions for purposes of this subsection.''.
SEC. 613. SERIOUS JUVENILE DRUG TRAFFICKING OFFENSES AS ARMED
CAREER CRIMINAL ACT PREDICATES.
Section 924(e)(2)(C) of title 18, United States Code, is
amended by inserting ``or serious drug offense'' after
``violent felony''.
SEC. 614. FORFEITURE OF FIREARMS USED IN CRIMES OF VIOLENCE
AND FELONIES.
(a) Criminal Forfeiture.--Section 982(a) of title 18,
United States Code, is further amended by adding at the end
the following:
``(10) The court, in imposing a sentence on a person
convicted of any crime of violence (as defined in section 16
of this title) or any felony under Federal law, shall order
that the person forfeit to the United States any firearm (as
defined in section 921(a)(3) of this title) used or intended
to be used to commit or to facilitate the commission of the
offense.''.
(b) Disposal of Property.--Section 981(c) of title 18,
United States Code, is amended by adding at the end the
following flush sentence:
``Any firearm forfeited pursuant to subsection (a)(1)(H) of
this section or section 982(a)(10) of this title shall be
disposed of by the seizing agency in accordance with law.''.
(c) Authority To Forfeit Property Under Section 924(d).--
Section 924(d) of title 18, United States Code, is amended by
adding at the end the following:
``(4) Whenever any firearm is subject to forfeiture under
this section, the Secretary of the Treasury shall have the
authority to seize and forfeit, in accordance with the
procedures of the applicable forfeiture statute, any property
otherwise forfeitable under the laws of the United States
that was involved in or derived from the crime of violence or
drug trafficking crime described in subsection (c) in which
the forfeited firearm was used or carried.''.
(d) 120-Day Rule for Administrative Forfeiture.--Section
924(d)(1) of title 18, United States Code, is amended by
adding ``administrative'' after ``Any'' in the last sentence.
(e) Section 3665.--Section 3665 of title 18, United States
Code, is amended--
(1) by redesignating the first undesignated paragraph as
subsection (a)(1) and the second undesignated paragraph as
subsection (a)(2); and
(2) by adding at the end the following:
``(b) The forfeiture of property under this section,
including any seizure and disposition of the property and any
related administrative or judicial proceeding, shall be
governed by the provisions of section 413 of the
Comprehensive Drug Abuse Prevention and Control Act of 1970
(21 U.S.C. 853), except for subsection 413(d) which shall not
apply to forfeitures under this section.''.
SEC. 615. SEPARATE LICENSES FOR GUNSMITHS.
(a) Section 921(a)(11) of title 18, United States Code, is
amended to read as follows:
``(11) The term `dealer' means (A) any person engaged in
the business as a firearms dealer, (B) any person engaged in
the business as a gunsmith, or (C) any person who is a
pawnbroker. The term `licensed dealer' means any dealer who
is licensed under the provisions of this chapter.''.
(b) Section 921(a) of title 18, United States Code, is
amended by redesignating paragraphs (12) through (33) as
paragraphs (14) through (35), and by inserting after
paragraph (11) the following:
``(12) The term `firearms dealer' means any person who is
engaged in the business of selling firearms at wholesale or
retail.
``(13) The term `gunsmith' means any person, other than a
licensed manufacturer, licensed importer, or licensed dealer,
who is engaged in the business of repairing firearms or of
making or fitting special barrels, stocks or trigger
mechanisms to firearms.''.
(c) Section 923(a)(3) of title 18, United States Code is
amended to read as follows:
``(3) If the applicant is a dealer who is--
``(A) a dealer in destructive devices or ammunition for
destructive devices, a fee of $1,000 per year;
``(B) a dealer in firearms who is not a dealer in
destructive devices, a fee of $200 for 3 years, except that
the fee for renewal of a valid license shall be $90 for 3
years; or
``(C) a gunsmith, a fee of $100 for 3 years, except that
the fee for renewal of a valid license shall be $50 for 3
years.''.
SEC. 616. PERMITS AND BACKGROUND CHECKS FOR PURCHASES OF
EXPLOSIVES.
(a) Permits for Purchase of Explosives in General.--Section
842 of title 18, United States Code, is amended--
(1) by amending subparagraphs (A) and (B) of subsection
(a)(3) to read as follows:
``(A) to transport, ship, cause to be transported, or
receive any explosive materials; or
[[Page H4387]]
``(B) to distribute explosive materials to any person other
than a licensee or permittee.''; and
(2) in subsection (b)--
(A) by adding ``or'' at the end of paragraph (1);
(B) by striking ``; or'' at the end of paragraph (2) and
inserting a period; and
(C) by striking paragraph (3).
(b) Background Checks.--Section 842 of title 18, United
States Code, is further amended by adding at the end the
following:
``(q)(1) A licensed importer, licensed manufacturer, or
licensed dealer shall not transfer explosive materials to any
other person who is not a licensee under section 843 of this
title unless--
``(A) before the completion of the transfer, the licensee
contacts the national instant criminal background check
system established under section 103(d) of the Brady Handgun
Violence Prevention Act;
``(B)(i) the system provides the licensee with a unique
identification number; or
``(ii) 5 business days (meaning a day on which State
offices are open) have elapsed since the licensee contacted
the system, and the system has not notified the licensee that
the receipt of explosive materials by such other person would
violate subsection (i) of this section;
``(C) the transferor has verified the identity of the
transferee by examining a valid identification document (as
defined in section 1038(d)(1) of this title) of the
transferee containing a photograph of the transferee; and
``(D) the transferor has examined the permit issued to the
transferee pursuant to section 843 of this title and recorded
the permit number on the record of the transfer.
``(2) If receipt of explosive materials would not violate
section 842(i) of this title or State law, the system shall--
``(A) assign a unique identification number to the
transfer; and
``(B) provide the licensee with the number.
``(3) Paragraph (1) shall not apply to the transfer of
explosive materials between a licensee and another person if
on application of the transferor, the Secretary has certified
that compliance with paragraph (1)(A) is impracticable
because--
``(A) the ratio of the number of law enforcement officers
of the State in which the transfer is to occur to the number
of square miles of land area of the State does not exceed
0.0025;
``(B) the business premises of the licensee at which the
transfer is to occur are extremely remote in relation to the
chief law enforcement officer (as defined in section
922(s)(8)); and
``(C) there is an absence of telecommunications facilities
in the geographical area in which the business premises are
located.
``(4) If the national instant criminal background check
system notifies the licensee that the information available
to the system does not demonstrate that the receipt of
explosive materials by such other person would violate
subsection (i) or State law, and the licensee transfers
explosive materials to such other person, the licensee shall
include in the record of the transfer the unique
identification number provided by the system with respect to
the transfer.
``(5) If the licensee knowingly transfers explosive
materials to such other person and knowingly fails to comply
with paragraph (1) of this subsection with respect to the
transfer, the Secretary may, after notice and opportunity for
a hearing, suspend for not more than 6 months or revoke any
license issued to the licensee under section 843 and may
impose on the licensee a civil fine of not more than $5,000.
``(6) Neither a local government nor an employee of the
Federal Government or of any State or local government,
responsible for providing information to the national instant
criminal background check system shall be liable in an action
at law for damages--
``(A) for failure to prevent the sale or transfer of
explosive materials to a person whose receipt or possession
of the explosive materials is unlawful under this section; or
``(B) for preventing such a sale or transfer to a person
who may lawfully receive or possess explosive materials.''.
(c) Administrative Provisions.--Section 103 of the Brady
Handgun Violence Prevention Act (18 U.S.C. 922 note) is
amended--
(1) in subsection (f), by inserting ``or explosive
materials'' after ``firearm''; and
(2) in subsection (g), by inserting ``or that receipt of
explosive materials by a prospective transferee would violate
section 842(i) of such title, or State law,'' after ``State
law,''.
(d) Remedy for Erroneous Denial of Explosive Materials.--
(1) In general.--Chapter 40 of title 18, United States
Code, is amended by inserting after section 843 the
following:
``Sec. 843A. Remedy for erroneous denial of explosive
materials
``Any person denied explosive materials pursuant to section
842(q)--
``(1) due to the provision of erroneous information
relating to the person by any State or political subdivision
thereof, or by the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act; or
``(2) who was not prohibited from receipt of explosive
materials pursuant to section 842(i),
may bring an action against the State or political
subdivision responsible for providing the erroneous
information, or responsible for denying the transfer, or
against the United States, as the case may be, for an order
directing that the erroneous information be corrected or that
the transfer be approved, as the case may be. In any action
under this section, the court, in its discretion, may allow
the prevailing party a reasonable attorney's fee as part of
the costs.''.
(2) Technical amendment.--The section analysis for chapter
40 of title 18, United States Code, is amended by inserting
after the item relating to section 843 the following:
``843A. Remedy for erroneous denial of explosive materials.''.
(e) Regulations.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of the Treasury
shall issue final regulations with respect to the amendments
made by subsection (a).
(2) Notice to states.--On the issuance of regulations
pursuant to paragraph (1), the Secretary of the Treasury
shall notify the States of the regulations so that the States
may consider revising their explosives laws.
(f) Licenses and User Permits.--Section 843(a) of title 18,
United States Code, is amended--
(1) by inserting ``, including fingerprints and a
photograph of the applicant'' before the period at the end of
the first sentence; and
(2) by striking the second sentence and inserting, ``Each
applicant for a license shall pay for each license a fee
established by the Secretary that shall not exceed $300. Each
applicant for a permit shall pay for each permit a fee
established by the Secretary that shall not exceed $100.''.
(g) Penalties.--Section 844 of title 18, United States
Code, is amended--
(1) by redesignating subsection (a) as subsection (a)(1);
and
(2) by inserting after subsection (a)(1) the following new
paragraph:
``(2) Any person who violates section 842(q) shall be fined
under this title, imprisoned for not more than 5 years, or
both.''.
(h) Effective Date.--The amendments made by subsections
(a), (b), (c), (d), and (g) shall take effect 18 months after
the date of enactment of the Act.
SEC. 617. PERSONS PROHIBITED FROM RECEIVING OR POSSESSING
EXPLOSIVES.
(a) Distribution of Explosives.--Section 842(d) of title
18, United States Code, is amended--
(1) in paragraph (5), by striking ``or'' at the end;
(2) in paragraph (6), by striking the period and inserting
``or who has been committed to a mental institution;''; and
(3) by adding at the end the following:
``(7) being an alien--
``(A) is illegally or unlawfully in the United States; or
``(B) except as provided in subsection (q)(2), has been
admitted to the United States under a nonimmigrant visa (as
that term is defined in section 101(a)(26) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(26)));
``(8) has been discharged from the Armed Forces under
dishonorable conditions;
``(9) having been a citizen of the United States, has
renounced his citizenship;
``(10) is subject to a court order that--
``(A) was issued after a hearing of which such person
received actual notice, and at which such person had an
opportunity to participate;
``(B) restrains such person from harassing, stalking, or
threatening an intimate partner of such person or child of
such intimate partner or person, or engaging in other conduct
that would place an intimate partner in reasonable fear of
bodily injury to the partner or child; and
``(C)(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate
partner or child; or
``(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such
intimate partner or child that would reasonably be expected
to cause bodily injury;
``(11) has been convicted in any court of a misdemeanor
crime of domestic violence; or
``(12) has been adjudicated delinquent.''.
(b) Possession of Explosives.--Section 842(i) of title 18,
United States Code, is amended--
(1) in paragraph (3), by striking ``or'' at the end; and
(2) by adding at the end the following:
``(5) who, being an alien--
``(A) is illegally or unlawfully in the United States; or
``(B) except as provided in subsection (q)(2), has been
admitted to the United States under a non-immigrant visa (as
that term is defined in section 101(a)(26) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(26)));
``(6) who has been discharged from the Armed Forces under
dishonorable conditions;
``(7) who, having been a citizen of the United States, has
renounced his citizenship;
``(8) who is subject to a court order that--
``(A) was issued after a hearing of which such person
received actual notice, and at which such person had an
opportunity to participate;
``(B) restrains such person from harassing, stalking, or
threatening an intimate partner of such person or child of
such intimate partner or person, or engaging in other conduct
that would place an intimate partner in reasonable fear of
bodily injury to the partner or child; and
[[Page H4388]]
``(C)(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate
partner or child; or
``(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such
intimate partner or child that would reasonably be expected
to cause bodily injury;
``(9) who has been convicted in any court of a misdemeanor
crime of domestic violence; or
``(10) who has been adjudicated delinquent.''.
(c) Definition.--Section 841 of title 18, United States
Code, is amended by adding at the end the following:
``(r)(1) Except as provided in paragraph (2), `misdemeanor
crime of domestic violence' means an offense that--
``(A) is a misdemeanor under Federal or State law; and
``(B) has, as an element, the use or attempted use of
physical force, or the threatened use of a deadly weapon,
committed by a current or former spouse, parent, or guardian
of the victim, by a person with whom the victim shares a
child in common, by a person who is cohabiting with or has
cohabited with the victim as a spouse, parent, or guardian,
or by a person similarly situated to a spouse, parent, or
guardian of the victim.
``(2)(A) A person shall not be considered to have been
convicted of such an offense for purposes of this chapter,
unless--
``(i) the person was represented by counsel in the case, or
knowingly and intelligently waived the right to counsel in
the case; and
``(ii) in the case of a prosecution for an offense
described in this paragraph for which a person was entitled
to a jury trial in the jurisdiction in which the case was
tried--
``(I) the case was tried by a jury; or
``(II) the person knowingly and intelligently waived the
right to have the case tried by jury, by guilty plea or
otherwise.
``(B) A person shall not be considered to have been
convicted of such an offense for purposes of this chapter if
the conviction has been expunged or set aside, or is an
offense for which the person has been pardoned or has had
civil rights restored (if the law of the applicable
jurisdiction provides for the loss of civil rights under such
an offense) unless the pardon, expungement, or restoration of
civil rights expressly provides that the person may not ship,
transport, possess, or receive firearms.
``(s) `Adjudicated delinquent' means an adjudication of
delinquency based upon a finding of the commission of an act
by a person prior to his or her eighteenth birthday that, if
committed by an adult, would be a serious drug offense or
violent felony (as defined in section 3559(c)(2) of this
title), on or after the date of enactment of this
paragraph.''.
(d) Aliens Admitted Under Nonimmigrant Visas.--Section 842
is amended by adding at the end the following:
``(r)(1) For purposes of this subsection--
``(A) the term `alien' has the same meaning as in section
101(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(3)); and
``(B) the term `nonimmigrant visa' has the same meaning as
in section 101(a)(26) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(26)).
``(2) Sections (d)(7)(B) and (i)(5)(B) do not apply to any
alien who has been lawfully admitted to the United States
under a nonimmigrant visa, if that alien is a foreign law
enforcement officer of a friendly foreign government entering
the United States on official law enforcement business.
``(3)(A) Any individual who has been admitted to the United
States under a nonimmigrant visa may receive a waiver from
the requirements of subsection (i)(5)(B), if--
``(i) the individual submits to the Attorney General a
petition that meets the requirements of subparagraph (C); and
``(ii) the Attorney General approves the petition.
``(B) Each petition under subparagraph (B) shall--
``(i) demonstrate that the petitioner has resided in the
United States for a continuous period of not less than 180
days before the date on which the petition is submitted under
this paragraph; and
``(ii) include a written statement from the embassy or
consulate of the petitioner, authorizing the petitioner to
acquire explosives and certifying that the alien would not,
absent the application of subsection (i)(5)(B), otherwise be
prohibited from such an acquisition under subsection (i).
``(C) The Attorney General shall approve a petition
submitted in accordance with this paragraph, if the Attorney
General determines that waiving the requirements of
subsection (i)(5)(B) with respect to the petitioner--
``(i) would be in the interests of justice; and
``(ii) would not jeopardize the public safety.''.
(e) Conforming Amendment.--Section 845 of title 18, United
States Code, is amended by adding at the end the following:
``(d) Notwithstanding any other provision of this section,
no person convicted of a misdemeanor crime of domestic
violence may ship or transport any explosive materials in
interstate or foreign commerce or to receive or possess any
explosive materials which have been shipped or transported in
interstate or foreign commerce.''.
TITLE VII--PUNISHING GANG VIOLENCE AND DRUG TRAFFICKING TO MINORS
SEC. 701. INCREASED MANDATORY MINIMUM PENALTIES FOR USING
MINORS TO DISTRIBUTE DRUGS.
Section 420 of the Controlled Substances Act (21 U.S.C.
861) is amended--
(1) in subsection (b), by striking ``one year'' and
inserting ``3 years''; and
(2) in subsection (c), by striking ``one year'' and
inserting ``5 years''.
SEC. 702. INCREASED MANDATORY MINIMUM PENALTIES FOR
DISTRIBUTING DRUGS TO MINORS.
Section 418 of the Controlled Substances Act (21 U.S.C.
859) is amended--
(1) in subsection (a), by striking ``one year'' and
inserting ``3 years''; and
(2) in subsection (b), by striking ``one year'' and
inserting ``5 years''.
SEC. 703. INCREASED MANDATORY MINIMUM PENALTIES FOR DRUG
TRAFFICKING IN OR NEAR A SCHOOL OR OTHER
PROTECTED LOCATION.
Section 419 of the Controlled Substances Act (21 U.S.C.
860) is amended--
(1) in subsection (a), by striking ``one year'' and
inserting ``3 years''; and
(2) in subsection (b), by striking ``three years'' each
place that term appears and inserting ``5 years''.
SEC. 704. CRIMINAL STREET GANGS.
(a) In General.--Section 521 of title 18, United States
Code, is amended--
(1) in subsection (a), in the second undesignated
paragraph--
(A) by striking ``5'' and inserting ``3'';
(B) by inserting ``, whether formal or informal'' after
``or more persons''; and
(C) in subparagraph (A), by inserting ``or activities''
after ``purposes'';
(2) in subsection (b), by inserting after ``10 years'' the
following: ``and such person shall be subject to the
forfeiture prescribed in section 412 of the Controlled
Substances Act (21 U.S.C. 853)'';
(3) in subsection (c)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting a semicolon;
(C) by adding at the end the following:
``(3) that is a violation of section 522 (relating to the
recruitment of persons to participate in criminal gang
activity);
``(4) that is a violation of section 844, 875, or 876
(relating to extortion and threats), section 1084 (relating
to gambling), section 1955 (relating to gambling), or chapter
73 (relating to obstruction of justice);
``(5) that is a violation of section 1956 (relating to
money laundering), to the extent that the violation of such
section is related to a Federal or State offense involving a
controlled substance (as that term is defined in section 102
of the Controlled Substances Act (21 U.S.C. 802)); or
``(6) that is a violation of section 274(a)(1)(A), 277, or
278 of the Immigration and Nationality Act (8 U.S.C.
1324(a)(1)(A), 1327, or 1328) (relating to alien smuggling);
and
``(7) a conspiracy, attempt, or solicitation to commit an
offense described in paragraphs (1) through (6).''.
(b) Technical and Conforming Amendment.--Section 3663(c)(4)
of title 18, United States Code, is amended by striking
``chapter 46'' and inserting ``section 521, chapter 46,''.
SEC. 705. INCREASE IN OFFENSE LEVEL FOR PARTICIPATION IN
CRIME AS A GANG MEMBER.
(a) Definition of Criminal Street Gang.--In this section,
the term ``criminal street gang'' has the meaning given that
term in section 521(a) of title 18, United States Code.
(b) Amendment of Sentencing Guidelines.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall amend the Federal Sentencing
Guidelines to provide an appropriate enhancement for any
Federal offense described in section 521(c) of title 18,
United States Code, if the offense was both committed in
connection with, or in furtherance of, the activities of a
criminal street gang and the defendant was a member of the
criminal street gang at the time of the offense.
(2) Factors to be considered.--In determining an
appropriate enhancement under this section, the United States
Sentencing Commission shall give great weight to the
seriousness of the offense, the offender's relative position
in the criminal gang, and the risk of death or serious bodily
injury to any person posed by the offense.
(c) Construction With Other Guidelines.--The amendment made
by subsection (b) shall provide that the increase in the
offense level shall be in addition to any other adjustment
under chapter 3 of the Federal Sentencing Guidelines.
SEC. 706. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN
AID OF CRIMINAL GANGS.
(a) Travel Act Amendment.--Section 1952 of title 18, United
States Code, is amended to read as follows:
``Sec. 1952. Interstate and foreign travel or transportation
in aid of racketeering enterprises
``(a) Prohibited Conduct and Penalties.--
``(1) In general.--Whoever--
``(A) travels in interstate or foreign commerce or uses the
mail or any facility in interstate or foreign commerce, with
intent to--
``(i) distribute the proceeds of any unlawful activity; or
``(ii) otherwise promote, manage, establish, carry on, or
facilitate the promotion, management, establishment, or
carrying on, of any unlawful activity; and
[[Page H4389]]
``(B) after travel or use of the mail or any facility in
interstate or foreign commerce described in subparagraph (A),
performs, attempts to perform, or conspires to perform an act
described in clause (i) or (ii) of subparagraph (A);
shall be fined under this title, imprisoned not more than 10
years, or both.
``(2) Crimes of violence.--Whoever--
``(A) travels in interstate or foreign commerce or uses the
mail or any facility in interstate or foreign commerce, with
intent to commit any crime of violence to further any
unlawful activity; and
``(B) after travel or use of the mail or any facility in
interstate or foreign commerce described in subparagraph (A),
commits, attempts to commit, or conspires to commit any crime
of violence to further any unlawful activity;
shall be fined under this title, imprisoned for not more than
20 years, or both, and if death results shall be sentenced to
death or be imprisoned for any term of years or for life.
``(b) Definitions.--In this section:
``(1) Controlled substance.--The term `controlled
substance' has the meaning given that term in section 102(6)
of the Controlled Substances Act (21 U.S.C. 802(6)).
``(2) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(3) Unlawful activity.--The term `unlawful activity'
means--
``(A) any business enterprise involving gambling, liquor on
which the Federal excise tax has not been paid, narcotics or
controlled substances, or prostitution offenses in violation
of the laws of the State in which the offense is committed or
of the United States;
``(B) extortion, bribery, arson, burglary if the offense
involves property valued at not less than $10,000, assault
with a deadly weapon, assault resulting in bodily injury,
shooting at an occupied dwelling or motor vehicle, or
retaliation against or intimidation of witnesses, victims,
jurors, or informants, in violation of the laws of the State
in which the offense is committed or of the United States; or
``(C) any act that is indictable under section 1956 or 1957
of this title or under subchapter II of chapter 53 of title
31.''.
(b) Amendment of Sentencing Guidelines.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall amend chapter 2 of the Federal
Sentencing Guidelines to provide an appropriate increase in
the offense levels for traveling in interstate or foreign
commerce in aid of unlawful activity.
(2) Unlawful activity defined.--In this subsection, the
term ``unlawful activity'' has the meaning given that term in
section 1952(b) of title 18, United States Code, as amended
by this section.
(3) Sentencing enhancement for recruitment across state
lines.--Pursuant to its authority under section 994(p) of
title 28, United States Code, the United States Sentencing
Commission shall amend the Federal Sentencing Guidelines to
provide an appropriate enhancement for a person who, in
violating section 522 of title 18, United States Code,
recruits, solicits, induces, commands, or causes another
person residing in another State to be or to remain a member
of a criminal street gang, or crosses a State line with the
intent to recruit, solicit, induce, command, or cause another
person to be or to remain a member of a criminal street gang.
SEC. 707. GANG-RELATED WITNESS INTIMIDATION AND RETALIATION.
(a) Interstate Travel to Engage in Witness Intimidation or
Obstruction of Justice.--Section 1952 of title 18, United
States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Whoever travels in interstate or foreign commerce
with intent by bribery, force, intimidation, or threat,
directed against any person, to delay or influence the
testimony of or prevent from testifying a witness in a State
criminal proceeding or by any such means to cause any person
to destroy, alter, or conceal a record, document, or other
object, with intent to impair the object's integrity or
availability for use in such a proceeding, and thereafter
engages or endeavors to engage in such conduct, shall be
fined under this title or imprisoned not more than 10 years,
or both; and if serious bodily injury (as defined in section
1365 of this title) results, shall be so fined or imprisoned
for not more than 20 years, or both; and if death results,
shall be so fined and imprisoned for any term of years or for
life, or both, and may be sentenced to death.''.
(b) Conspiracy Penalty for Obstruction of Justice Offenses
Involving Victims, Witnesses, and Informants.--Section 1512
of title 18, United States Code, is amended by adding at the
end the following:
``(j) Whoever conspires to commit any offense defined in
this section or section 1513 of this title shall be subject
to the same penalties as those prescribed for the offense the
commission of which was the object of the conspiracy.''.
(c) Witness Relocation Survey and Training Program.--
(1) Survey.--The Attorney General shall survey all State
and selected local witness protection and relocation programs
to determine the extent and nature of such programs and the
training needs of those programs. Not later than 270 days
after the date of the enactment of this section, the Attorney
General shall report the results of this survey to Congress.
(2) Training.--Based on the results of such survey, the
Attorney General shall make available to State and local law
enforcement agencies training to assist those law enforcement
agencies in developing and managing witness protection and
relocation programs.
(3) Authorization of appropriations.--There are authorized
to be appropriated to carry out paragraphs (1) and (2) for
fiscal year 2000 not to exceed $500,000.
(d) Federal-State Coordination and Cooperation Regarding
Notification of Interstate Witness Relocation.--
(1) Attorney general to promote interstate coordination.--
The Attorney General shall engage in activities, including
the establishment of a model Memorandum of Understanding
under paragraph (2), which promote coordination among State
and local witness interstate relocation programs.
(2) Model memorandum of understanding.--The Attorney
General shall establish a model Memorandum of Understanding
for States and localities that engage in interstate witness
relocation. Such a model Memorandum of Understanding shall
include a requirement that notice be provided to the
jurisdiction to which the relocation has been made by the
State or local law enforcement agency that relocates a
witness to another State who has been arrested for or
convicted of a crime of violence as described in section 16
of title 18, United States Code.
(3) Byrne grant assistance.--The Attorney General is
authorized to expend up to 10 percent of the total amount
appropriated under section 511 of subpart 2 of part E of the
Omnibus Crime Control and Safe Streets Act of 1968 for
purposes of making grants pursuant to section 510 of that Act
to those jurisdictions that have interstate witness
relocation programs and that have substantially followed the
model Memorandum of Understanding.
(4) Guidelines and determination of eligibility.--The
Attorney General shall establish guidelines relating to the
implementation of paragraph (4) and shall determine,
consistent with such guidelines, which jurisdictions are
eligible for grants under paragraph (4).
(d) Byrne Grants.--Section 501(b) of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended--
(1) by striking ``and'' at the end of paragraph (25);
(2) by striking the period at the end paragraph (26) and
inserting ``; and''; and
(3) by adding at the end the following:
``(27) developing and maintaining witness security and
relocation programs, including providing training of
personnel in the effective management of such programs.''.
(e) Definition.--As used in this section, the term
``State'' includes the District of Columbia, Puerto Rico, and
any other commonwealth, territory, or possession of the
United States.
The CHAIRMAN. Pursuant to House Resolution 209, the gentleman from
Florida (Mr. McCollum), and a Member opposed, each will control 20
minutes.
The Chair recognizes the gentleman from Florida (Mr. McCollum).
Mr. McCOLLUM. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, over the last several weeks there has been a great deal
of debate about ways to protect our children from violence. We have
talked about provisions to keep guns out of the hands of criminals, and
that is the right thing to do. We have talked about the influence of
our culture on kids and how we can encourage responsibility from those
who have the potential to influence them, and that is the right thing
to do.
We have talked about reaching kids early when they make mistakes so
that they will not fall into a spiral of increasing crime, and that is
also the right thing to do.
We must also not lose sight of the fact that there have always been
and always will be people who ignore the laws. We have to admit that
there are people in this country whose hate for those around them is so
overpowering they will commit acts of violence on their neighbors, on
children, in our schools, even on the houses of worship in their own
communities. We have to face the fact that there are people whose greed
for money and power lead them to poison our children with drugs and
destroy our families through violence.
We cannot simply allow those who would destroy our communities to do
so. We must deter them, if we can, by making them aware that there will
be severe punishment for their crimes, and we have to impose those
punishments if they commit those crimes. We
[[Page H4390]]
must do this if we are to protect our children and our grandchildren.
Mr. Chairman, the amendment I offer adds provisions to H.R. 1501 to
ensure that those who violate our laws and endanger our children and
families will be punished. My amendment will increase the punishment
for criminals who put guns in the hands of our children and those who
commit crimes using firearms. It will increase the penalties on
juveniles who use guns to harm others. It will increase the punishments
on gang members who commit serious crimes and those who push drugs on
to our young people, and it will punish those who put explosives into
the hands of juveniles.
We have to send a message. If someone intends to harm our children,
we will punish them and punish them severely.
Here is what this amendment will do. It will strengthen the present
Federal juvenile justice system by providing increased protection for
the community and holding juveniles accountable for their actions.
I must say at the outset that there are very few children who are
ever tried in a juvenile setting in the Federal system, but those on
Indian reservations and elsewhere are, and this particular provision,
this set of provisions, deal only with that limited Federal role and
not with the State or the grant program we have been discussing under
the underlying bill.
The amendment strengthens the juvenile system that the Federal
Government deals with by the following: Giving prosecutors rather than
the courts the discretion to charge a juvenile alleged to have
committed certain serious felonies as an adult or as a juvenile, which
is consistent with what most States do; by making fines and supervised
release which are not presently sentencing options in the Federal
system available for adjudicated delinquents in addition to probation
and detention; and by providing that the records of juvenile
proceedings are public records to the same extent that the records of
adult criminal proceedings will be public and that such records are to
be made available for official purposes, including disclosure to
victims and school officials.
The second area my amendment deals with will encourage the Justice
Department to prosecute gun crimes. We have found at hearings recently,
unfortunately, that many times the Federal Government has not been
prosecuting the crimes already on the books dealing with guns. I think
that is very, very sad and it is a very serious problem.
So this amendment will require the Justice Department to establish a
program in each United States Attorney's Office where one or more
Federal prosecutors are designated to prosecute firearms offenses and
to coordinate with State and local authorities for more effective
enforcement, and permit U.S. attorneys to use Federal prosecutors to
prosecute State firearms offenses in State courts.
The third area that my amendment deals with will help ensure that
juveniles do not gain access to firearms and explosives illegally. It
does this by increasing the maximum penalty that may be imposed on
juveniles who possess a firearm. Also, it increases the maximum penalty
for illegal possession of a firearm with the intent to take it to a
school zone or knowing that another juvenile will take it to a school
zone.
It increases the maximum penalty that may be imposed on adults who
illegally transfer firearms to juveniles.
{time} 1415
It provides for a mandatory minimum sentence for an adult who
illegally transfers a firearm to a juvenile, knowing that a juvenile
intended to take it to a school zone or commit a serious violent
felony.
It enacts a new provision to prohibit any person under 21 from
sending, receiving, or possessing explosive materials. Under current
law, the distribution of explosive materials to persons under 21 is
prohibited, but there is no punishment for the possession of such
materials for persons under 21.
The next area this amendment deals with will help deter criminals
from gaining access to firearms and explosives by prohibiting the
distribution through the Internet and elsewhere of information relating
to explosives, destructive devices, and weapons of mass destruction
when the person distributing the information knows that the recipient
intends to use them to harm others; and by requiring common carriers
like UPS or FedEx or a number of others, or other contract carriers
such as trucking companies, to report the theft or loss of a firearm it
is shipping within 48 hours after the theft or loss is discovered.
Another part of this amendment will help to ensure that criminals are
held accountable for their use of firearms and explosives and to deter
others from illegally possessing and using these weapons by increasing
the penalties for the discharge of a firearm in a school zone and by
providing for mandatory minimum punishments for the knowing discharge
of a firearm in a school zone. It increases those punishments if
physical harm results, and it allows for the death penalty if somebody
uses a gun to kill in a school zone.
Secondly, it increases the maximum penalties for transporting stolen
firearms in interstate commerce and for selling, receiving, and
possessing stolen firearms.
It increases the mandatory minimum penalty for discharging a firearm
during a Federal crime of violence or drug trafficking crime and
establishes a mandatory minimum penalty if the firearm is used to
injure another person.
It increases the maximum punishment for making false statements to a
licensed dealer in order to illegally obtain a firearm if the purchase
was to enable another person to carry or possess it in the commission
of a serious violent felony. It provides for a minimum mandatory
punishment if the person procuring the firearm did so for a juvenile.
It prohibits Federal firearm licensees to continue to operate their
licensed businesses after a felony conviction.
It increases the penalty for persons who illegally deal in firearms.
It raises the maximum penalty for knowingly transporting, shipping,
possessing, or receiving a firearm with an obliterated or altered
serial number.
It establishes, for the first time, criminal background checks prior
to the sale of explosive materials by nonlicensed purchasers by
licensed dealers.
These checks, similar to the Brady gun background checks, will reduce
the availability of explosives to felons.
This is another instant-check type of system, but this one is
designed as it should be for explosives and the sale of explosives.
We all know from the Columbine experience that there were not just
guns involved there, but there were certainly explosives as well.
In the last provisions in my amendment, we address further the
punishment of gang violence and drug trafficking to minors and witness
intimidation. It will increase, this amendment, the existing mandatory
minimum penalty that is imposed on adults convicted of using minors to
distribute drugs.
It will increase the existing mandatory minimum penalty that must be
imposed on adults convicted of distributing drugs to minors.
It will increase the existing mandatory minimum penalty that must be
imposed on any person convicted of distributing, possessing with the
intent to distribute, or manufacturing drugs in or within 100 feet of a
school zone.
It will increase the punishment in current law for certain crimes if
they were committed by a person as a part of a criminal street gang and
adds new crimes for which the increase may be applied; among them,
crimes involving extortion and threats, gambling, obstruction of
justice, money laundering, and alien smuggling.
It addresses the problem of gang-related witness intimidation by
making it a crime to travel in interstate or foreign commerce with the
intent to delay or influence the testimony of a witness in a State
criminal proceeding by bribery, force, intimidation, or threat. It
allows for the death penalty if a person kills another to keep them
from testifying in such a setting.
I think this is extremely important. We have a lot of witness
intimidation, unfortunately, in this country today, and we do not have
good law provisions at the Federal level to deal with it.
We also have in this legislation provisions encouraging a memorandum
of understanding as sort of a suggested
[[Page H4391]]
format, a model format that States might use for witness protection
programs among the States to avoid some complications we have seen such
as existed in my State of Florida recently with respect to it and
Puerto Rico.
These are tough provisions, all of them that I have outlined. They
are intended to be. But the harm that is being done through illegal
guns, through explosives, and through drugs cannot be ignored. Our
young people deserve nothing but our fullest efforts to protect our
children at home, at school, and during play.
I ask all of my colleagues to support this amendment.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. Does the gentleman from Virginia (Mr. Scott) seek to
control the time in opposition?
Mr. SCOTT. I do, Mr. Chairman.
The CHAIRMAN. The Chair recognizes the gentleman from Virginia (Mr.
Scott) for 20 minutes.
Mr. SCOTT. Mr. Chairman, I yield such time as he may consume to the
gentleman from Michigan (Mr. Conyers), the ranking member of the
committee.
Mr. CONYERS. Mr. Chairman, this proposal by the gentleman from
Florida (Mr. McCollum), the subcommittee chairman, actually openly
reneges on his pledge to pursue a substantive bipartisan juvenile
justice bill.
He is now, with one amendment, loading this bill, H.R. 1501, up with
more than two dozen criminal penalties, including the death sentence.
It is now clear that these provisions were rejected and certainly not
supported during the orderly subcommittee process that he himself
chaired.
I want to bring forward now one part of this that cannot be
unremarked as we go forward. I want to thank Senator Paul Wellstone and
David Cole for their assistance.
Because what the gentleman from Florida (Mr. McCollum) is doing is
repealing the Federal law that requires States to identify and improve
disproportionate incarceration of members of minority groups, a law
that has been in place since 1992 and has had more than 40 States
develop programs to reduce minority involvement in the juvenile justice
system. It is now under attack.
The resulting Republican juvenile justice bill with this amendment
would repeal the existing mandate, effectively closing our collective
eyes to racial disparity in the juvenile justice system. Consider with
me for one moment, although African American juveniles ages 10 through
17 are 15 percent of the population, they are 26 percent of the
arrests, 32 percent of the referrals to juvenile court, 41 percent of
the juveniles detained in delinquency cases, 46 percent of juveniles in
correctional institutions, and 52 percent of juveniles transferred to
adult criminal courts after judicial hearings. In short, African
American youths start off overrepresented in juvenile justice, and the
problem gets worse at every step. With this amendment, it will continue
to proceed in the wrong direction.
This policy of creating a long-term custody rate for African American
youth five times the rate of white youth must stop in the House of
Representatives. I suggest to my colleagues that we do not even address
the problems but plan to make them far worse.
In addition, and I will conclude on this note, the McCollum amendment
requires the implementation of the armed criminal apprehension program,
similar to the one in Richmond, Virginia that has been described by a
United States district court judge as expensive, unnecessary, racially
biased, and a misuse of the Federal court system.
Now, if we do nothing else here today, I urge that we reject the
McCollum amendment, which will begin to increase the racial disparity
of youngsters that are caught up in this process in a huge way, more
than two dozen criminal penalties. It is the wrong way. It is too much.
It was not accepted even in his own committee.
Mr. McCOLLUM. Mr. Chairman, I yield myself such time as I might
consume.
Mr. Chairman, I simply want to say to the gentleman from Michigan
(Mr. Conyers), with all due respect, I understand he disagrees with
this amendment, but a couple of things he pointed out I do not think
were quite accurate, and I am sure unintentionally so.
The subcommittee considered H.R. 1501, but the full committee has
never considered any of this process, nor did any of the provisions of
this amendment get considered in this Congress as we brought this bill
to the floor, as the gentleman knows, the main bill, with all of these
other provisions to be discussed and debated in amendment process. So
they have not been rejected by the committee. They just never have been
brought up or considered.
Secondly, I believe the gentleman, if he would carefully read my
amendment, which is a pretty thick thing, I know, would find there is
no mention in here of the Office of Juvenile Justice's delinquency
prevention programs where the racial mandate, the racial composition
mandate exist. We do not touch that in my amendment. I know there is
concern about that. There may be other provisions in somebody else's
amendment, but this amendment does not touch that. I just want to be
sure everybody understands that.
Mr. Chairman, I reserve the balance of my time.
Mr. SCOTT. Mr. Chairman, may I inquire how much time is remaining on
both sides?
The CHAIRMAN. The gentleman from Florida (Mr. McCollum) has 9 minutes
remaining. The gentleman from Virginia (Mr. Scott) has 16 minutes
remaining.
Mr. SCOTT. Mr. Chairman, I yield 4 minutes to the gentleman from
North Carolina (Mr. Watt).
Mr. WATT of North Carolina. Mr. Chairman, I hope my colleagues were
listening carefully to the comments that were made by the gentleman
from Florida (Mr. McCollum) in support of his proposed amendment.
What he said is that his proposed amendment would strengthen the
Federal juvenile justice system. It is that point that I want to spend
my time talking about, because my question to my colleagues is: What
Federal juvenile justice system is he talking about? We do not have one
juvenile counselor at the Federal level. We do not have one juvenile
judge at the Federal level. We do not have one juvenile facility in the
Federal system. What juvenile justice system is the gentleman from
Florida (Mr. McCollum) talking about?
What he is talking about is federalizing juvenile justice for the
first time in this country. Now, why is there no Federal juvenile
justice system? For the same reason we do not have any Federal school
system in this country. We do not have a Federal juvenile justice
system, because, historically, throughout the whole history of this
country, juvenile justice has been handled as a State and local issue.
They have juvenile courts. They have juvenile judges. They have
juvenile facilities. They have counselors. They deal with local
juvenile issues as a local issue, which it is and should be.
Local communities are closer to our juveniles and the children, just
like the local school systems, are closer to juveniles and the system.
So is not it ironic that my colleagues who profess to believe in
States rights would come and say we are here to strengthen and take
over the juvenile justice system?
Let me tell my colleagues one final reason that we do not have a
juvenile justice system at the Federal level, and that is that we have
not done an especially good job of handling the Federal adult justice
system. Here we go, saying, those of us who say that we believe in
States rights, my Republican colleagues in particular, would have us
now come and say we know more about juvenile justice than local
communities know about it.
This is a bad idea. It is a revolutionary idea. We should not march
into this territory without knowing exactly what we are doing. We
should reject this amendment.
Mr. McCOLLUM. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I simply have to respond to the gentleman from North
Carolina (Mr. Watt). I do not know if the gentleman has really
seriously read chapter 403 of the United States Code with respect to
criminal law. But chapter 403 is nothing but about a juvenile justice
system at the Federal level.
{time} 1445
There are several hundred juveniles who are adjudicated as
delinquents every year in the Federal system, most
[[Page H4392]]
of them on Indian reservations, and there are several hundred more that
are prosecuted in the Federal system for violent crimes. So there
certainly is a juvenile justice system, and it certainly needs
improvement, and that is what the first section of my amendment does.
And the administration has requested every single line and every
single word that is in my amendment related to improving this system.
The Clinton administration has requested this. The gentleman's own
party President has requested it.
Mr. WATT of North Carolina. Mr. Chairman, will the gentleman yield?
Mr. McCOLLUM. I yield to the gentleman from North Carolina.
Mr. WATT of North Carolina. Mr. Chairman, would the gentleman tell
me, is he proposing that we apply the same juvenile justice system at
the Federal level that we are applying on Indian reservations? Is that
what the gentleman is proposing, instead of allowing local communities
to handle their own juvenile justice system?
Mr. McCOLLUM. Mr. Chairman, I reclaim my time to say that we have a
Federal juvenile justice system and it applies to any juvenile brought
into the system, whether on an Indian reservation or not. It is all the
same. It is this Federal juvenile justice system that we are applying
here and amending in chapter 403.
Mr. Chairman, I reserve the balance of my time.
Mr. SCOTT. Mr. Chairman, I yield 3 minutes to the gentlewoman from
California (Ms. Lofgren).
Ms. LOFGREN. Mr. Chairman, here it is, it is one of the poison pills
for this bill, H.R. 1501. I think we all knew on the Committee on the
Judiciary that the amendment being offered by the gentleman from
Florida (Mr. McCollum) could not become law and should not become law.
That is why H.R. 1501 was devised with the broad bipartisan support
that it had, at least, until the slaughter in Columbine High School.
That incident changed our common understanding of what we should do
here in America about juvenile crime.
This amendment would make it easier to prosecute a 13-year-old as an
adult. And, actually, to be clear, it would make it easier for the less
than 300 children prosecuted in the Federal system to be prosecuted as
adults. So let us be more specific. It would make it easier to
prosecute a 13-year-old Native American child as an adult.
What has that got to do with the murders at Columbine High School? I
am sorry, who are we fooling with this? There are assorted other
portions of the amendment, things about the Internet and guns, which I
think are serious issues, but the boys at Colorado bought their guns
through gun shows, not on the Internet. There are things about
enhancing the penalties if a firearm was discharged in a school. Well,
those two boys who killed those kids in school in Colorado, they
committed suicide. So I do not think that the 5-year enhanced penalty
would do one darn thing to deter those two boys from the slaughter that
they wrought on their classmates and the families.
What we need to do is to focus on the ability of a child to commit
such damage if a child is so disturbed that he or she wants to kill
others. And that focus is what we are avoiding through this really very
disturbing setup, considering amendments calculated to sink this bill,
tomorrow's bill, and so the American people will not get what they are
asking for: Sensible, modest, moderate gun safety measures that will
prevent future tragedies such as those all the parents in America
observed saw and cared about at Columbine High School and cared deeply
to cure.
Mr. McCOLLUM. Mr. Chairman, I yield 3 minutes to the gentleman from
Ohio (Mr. Chabot), a member of the committee.
Mr. CHABOT. Mr. Chairman, it is unfortunate that violence occurs
throughout our Nation every day. In our classrooms, in schoolyards and
playgrounds, children are all too often at the mercy of violent
criminals.
Nationally, we are faced with staggering statistics. The Bureau of
Justice statistics report that for 1997 there were 2500 juveniles
arrested for murder. That is a 90 percent increase from 1986. Our
Nation's youth are now among the most likely to fall victim to violent
crimes, crimes often committed, unfortunately, by their own peers.
To me, these numbers indicate an epidemic of youth violence, one
which must be confronted head on. We must pass stronger laws that
target and punish violent juvenile offenders. Stiffer sentencing
guidelines, trying for violent juveniles as adults and opening those
juveniles' criminal records would be a good start. The amendment of the
gentleman from Florida (Mr. McCollum) would enact some of these
important provisions.
For example, this amendment gives Federal prosecutors rather than
judges the discretion to prosecute violent juvenile felons as adults.
This provision would send a clear message to juveniles that if they
commit serious crimes, they will do adult time. No more slaps on the
wrist, no more short sentences followed by a quick release. So I
commend the gentleman for offering this important amendment.
Over 6,000 kids were expelled for bringing guns to schools during the
1996-97 school year, but only nine of them were prosecuted by the
Clinton administration, by the U.S. Attorney's Office under this
administration. That is a travesty.
Mr. Chairman, regardless of what we accomplish here today, we must
acknowledge that the juvenile violence problem in this country is not
simply the product of laws or lack thereof. It is a societal one. Our
children are inundated every day with negative images, violent
messages, and much less than positive role models, unfortunately.
Parenting has become a struggle in a country where the government taxes
an inordinate amount of a family's paycheck and forces parents to spend
more time at work and less time raising and supervising their own kids.
We should not lose sight of the fact that most of our parents are
doing a good job, and an overwhelming majority of the kids in this
country are good kids who go to school to learn and to make friends and
to participate in positive activities. We could help these families by
cutting their taxes and helping parents spend more time with their own
kids.
There are a lot of things we can do, and I commend the gentleman from
Florida (Mr. McCollum) and the other members of the committee for a job
well done and look forward to the debate on this particularly important
issue to our country.
Mr. SCOTT. Mr. Chairman, I yield 3 minutes to the gentlewoman from
Colorado (Ms. DeGette).
Ms. DeGETTE. Mr. Chairman, I am from Colorado, and Columbine High
School is just a few blocks from my district. My constituents in
Colorado and our constituents across the country are very sensitive
about the conclusions that we take from the terrible Columbine
shootings of just a few weeks ago. They are very sensitive that their
political leaders do not use this tragedy as an excuse to pass some
legislation that will really do very little, if nothing, to solve the
problem of youth violence in our country today.
The truth is that under 300 kids per year in the entire country, most
of them Native Americans, are even prosecuted under the Federal laws.
So the truth is amendments like this will do nothing to stop the kind
of youth violence that we saw at Columbine and that we have seen so
tragically at high schools across this country.
I suppose that we could send Dylan Klebold and Eric Harris to jail
for extra time, if they were not dead at this point. I suppose we could
give them the death penalty for shooting all these people on the school
grounds of Columbine, but that would be little comfort to the parents
of the students and the families of the teacher who were killed there.
Instead, our constituents demand that we take action in this Congress
to help prevent youth violence in a way that will work across the
country for the many tens of thousands of kids in this country who need
help every year.
That is why we need different programs to help across the board. We
need to reauthorize the COPS program, we need to fund school safety
programs, we need prevention block grants, we need to do the things
that will actually help instead of giving the American people the
illusion that because we are increasing sentences and doing a few
things that will work around the edges on a few Indian reservations
that we are doing something.
[[Page H4393]]
The other thing that my constituents and our constituents are
demanding is common sense child gun safety legislation; legislation
that will stop the multiple round ammunition cartridges that Klebold
and his colleague used; legislation that will stop people from getting
guns at gun shows, because these kids got all four of their guns from a
gun show, not from the Internet; legislation that will have child
safety locks on guns. This is the kind of common sense legislation that
begins to help, that we can use as a legislative tool in conjunction
with our community action that is nonlegislative that we so desperately
need in this solution.
Please, let us not marginalize this issue, let us do something that
will really help.
Mr. McCOLLUM. Mr. Chairman, I yield 2 minutes to the gentleman from
Florida (Mr. Weldon).
Mr. WELDON of Florida. Mr. Chairman, I thank the gentleman for
yielding me this time, and I rise in support of the McCollum amendment.
I think we all agree that there are multiple factors playing a role
in youth violence and we are going to be trying to address several of
those over the course of this day as we debate this juvenile justice
bill. We are all familiar with what some of those issues are. Certainly
violence in the media is a factor.
We have seen more than 3,000 studies on this issue, the majority of
which have concluded there is a relationship. Drugs is a factor and
certainly dysfunctional families. Indeed, one of the highest correlates
of youth violence in any community is the incidence of fatherlessness
in that community. We are going to try to address some of these things.
Obviously, the issue of fatherlessness in the community we cannot
address, but I do rise in support of this amendment.
There are several features of this amendment that I think are good.
It gives prosecutors rather than the courts the discretion to charge a
juvenile alleged to have committed a felony. It makes fines and
supervised release available. It also, very importantly, provides that
the records of these juvenile proceedings will become public records
and available to the community. This is a very, very important factor.
The amendment is a big one. It has a lot of features, but I think we
need to take a comprehensive look at the problem that we are trying to
address, which is the terrible problem of youth violence, and look at
all these different areas. And, yes, there are some weaknesses in our
criminal justice system, but the McCollum amendment here is a good
amendment that tries to shore up those weaknesses and strengthen the
underlying bill, and I encourage my colleagues to support the
amendment.
Mr. SCOTT. Mr. Chairman, I yield 3 minutes to the gentlewoman from
California (Ms. Waters).
Ms. WATERS. Mr. Chairman, today we are going to witness a lot of
rhetoric about what causes juvenile crimes. If we were to accept the
majority's position, one would think that it is access to the Power
Rangers that kill our children, not the access to guns.
The rhetoric is tired. Let us be clear. We know that prevention
works. Despite this common knowledge, we have witnessed time and time
again the Republicans' failure to properly fund education, Head Start
programs and other programs we know that work. Instead, the majority
wants to rush our children from the crib to the jails.
The McCollum amendment allows Federal prosecutors rather than judges
the discretion to try children as adults, lowers the age to 13 in some
cases at which children can be tried as adults in the Federal system,
and broadens the scope of Federal crimes for which juveniles can be
tried as adults.
This provision would mean that more children would be placed in adult
jails, and children are not specifically prohibited from contact with
adults. This places children at serious risk of abuse and assault and
flies in the face of current studies which indicate that trying
children as adults increases rather than decreases youth crime.
The McCollum amendment allows children to come in contact with adults
in adult jails in the Federal system. Children as young as 13 years old
would be allowed to be in the same jail cell with adults. Allowing
contact between juveniles and adults in adult jails would place
children at risk of assault and abuse, as children are 8 times more
likely to commit suicide, 5 times more likely to be sexually assaulted,
and twice as likely to be assaulted by even staff in the adult jails
than in juvenile facilities.
The McCollum amendment imposes new mandatory minimum sentences for
children who are convicted of certain offenses. These new draconian
mandatory minimums would likely impose harsher penalties on youthful
offenders than adult criminals guilty of the same offenses under the
current law.
Let me say this. Because I am an African American woman, I have had
to pay attention to the disproportionate sentencing of minorities. When
we take a look at what is going on according to the September 1998
Juvenile Justice Bulletin, it was estimated in two States that one in
seven African American males would be incarcerated before the age of
18.
{time} 1445
This statistic is compared with one in 125 white males. And then I
come here today and find that there is a bill being produced that talks
about putting more Indian children, more Native American children, in
jail because of the way the Federal system is constructed.
According to the September 1998 Juvenile Justice Bulletin, minority
youth represented 68 percent of the juvenile population in secured
detention and 68 percent of those in secured institutional environments
such as training schools, even though minority youth constituted about
32 percent of the population at the time of the study. I could go on
and on and on.
Let me just say that I am absolutely worried and concerned that we
are going in the direction of placing more minority youth in prisons
and in the Federal system. It is not right and we should not allow it.
Mr. McCOLLUM. Mr. Chairman, I reserve the balance of my time.
Parliamentary Inquiry
Mr. SCOTT. Parliamentary inquiry, Mr. Chairman.
The CHAIRMAN. The gentleman will state his inquiry.
Mr. SCOTT. Mr. Chairman, I have an amendment that has been made in
order by the rule to the McCollum amendment. Do I have to offer that
before the time runs out?
The CHAIRMAN. The gentleman may offer his amendment at any time up
until the time that the question is posed on the underlying McCollum
amendment.
Mr. SCOTT. Mr. Chairman, I would just notify the chair that I would
like to introduce the amendment at the end of the debate.
Mr. Chairman, I yield 10 seconds to the gentleman from Florida (Mr.
Hastings).
Mr. HASTINGS of Florida. Mr. Chairman, I thank the gentleman for
yielding me the time.
Mr. Chairman, I say to my colleagues, listen up. Federalizing
juvenile justice without federalizing with funds the resources
necessary to hire additional judges, prosecutors, probation officers,
and for the very first time Federal juvenile counselors, this is
absolutely ridiculous. It has no impact study with it. They cannot do
this and do it safely.
Mr. SCOTT. Mr. Chairman, how much time do we have remaining?
The CHAIRMAN. The gentleman from Virginia (Mr. Scott) has 3\3/4\
minutes remaining.
Mr. SCOTT. Mr. Chairman, I yield 2\1/4\ minutes to the gentleman from
Massachusetts (Mr. Delahunt).
Mr. DELAHUNT. Mr. Chairman, I think it is important to focus on the
acknowledgment by the Chair of the subcommittee that these particular
provisions apply only to Native Americans who reside on reservations
for all intents and purposes.
I think it is very, very important that the American people do not be
misled into thinking that these measures will have any impact on the
rest of the United States. I submit that there will not be an iota's
worth of difference in terms of the violence in the streets if this
amendment should pass. They should not be misled.
I am just surprised. I was unaware of the fact that there is a
substantial problem of juvenile crime on Native American reservations.
I would be willing to hear from the Chair of the subcommittee if there
had ever been a
[[Page H4394]]
hearing on a Native American reservation. Has there been any
consultation with State's attorneys that deal with Native American
reservations?
This is about imposing the most severe sanctions on Native Americans,
mandatory sentences, the death penalties, remedies that have been
proven over and over again do not work. Let us follow the example of
the States and maybe, maybe, we will have some good results.
For example, because of the leadership by the States, not by the
Federal Government, not by Washington, this is what has occurred. The
juvenile homicide rate has dropped by more than 50 percent since 1993.
And for those of my colleagues that are not aware of that, that was the
date that President Clinton was inaugurated and began the initiative on
crime to work with the States. The States have the answer.
Another interesting statistic: Juvenile arrest rate for all violence
is down 37 percent in the past 5 years. And lastly, the percentage of
violent crimes attributable to juveniles is at its lowest point since
1975.
Let us follow the lead of the States. Defeat this amendment.
Mr. SCOTT. Mr. Chairman, I yield the balance of the time to the
gentlewoman from Texas (Ms. Jackson-Lee).
The CHAIRMAN. The gentlewoman from Texas (Ms. Jackson-Lee) is
recognized for 1\1/2\ minutes
Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the gentleman for
yielding me the time.
I guess we ask the question again, whose side are we on as we work in
the United States Congress? Let me associate my remarks with that of
the gentleman from Florida (Mr. Hastings) and my colleague the
gentleman from North Carolina (Mr. Watt). We are creating something
with nothing.
What we really should be doing is supporting H.R. 1501. I would like
to share very briefly with my colleagues what we are talking about
here. We are simply talking about a system that responds to juveniles
where they find them. They are children. And we have to find a way to
rehabilitate children.
We have an amendment that takes away from the underlying premises of
the bill that we can, in fact, rehabilitate children. In the system
that we are trying to create by this amendment, we are not really
putting into place the kinds of resources that are needed, juvenile
judges, prosecutors who are sensitive to juveniles, counseling
officers, individuals in schools who are sensitive to juveniles, a
mental health system that intervenes and assesses juveniles as to
whether or not they need mental health services.
The American Pediatrics Association says, ``We do not support any
amendments. We support H.R. 1501.'' Because they know what happens when
they incarcerate children with adults. One, they increase crime, they
endanger children, and they certainly federalize State juvenile laws.
What we are hoping for, Mr. Chairman, is that we can come to our
senses, pass H.R. 1501 without any amendments, provide the resources
for our children, and begin to really rehabilitate children and give
them a future in America.
Mr. McCOLLUM. Mr. Chairman, I yield myself the balance of the time.
Mr. Chairman, I want to clarify a few things. First of all, I have
heard some of the other side say some things that are simply not in
this amendment. Probably they do not understand that but I want to make
it very, very clear that there is nothing in the amendment I am
proposing today that will in any way allow a child to be put in the
same cell with an adult. There never has been and, as a matter of fact,
never will be under any amendment or offering that I propose.
In fact, this amendment explicitly sets forth in the Federal system
where no child may be incarcerated with an adult under any
circumstances.
It is also wrong to say, as some have just alleged, that the Federal
juvenile procedures only apply to Indian reservations. This is only one
area of Federal jurisdiction for juveniles. All Federal drug laws and
all Federal gun laws, crimes, can be prosecuted anywhere in the United
States that they occur in the Federal system if a juvenile is involved
and the juvenile may be prosecuted in that system maybe as an adult or
otherwise.
It is also wrong to suggest that there is nothing in this amendment
that deals with the Columbine situation. The illegal possession of a
firearm by somebody not licensed or allowed to own a firearm certainly
applies there, and we increase the maximum penalty for that. We have a
provision in here for adults who illegally transfer a firearm to a
juvenile knowing that the juvenile intends to take it to a school zone
or to commit a serious, violent felony, and quite a number of others.
But the one thing I want to point out that is in this amendment and a
lot of focus has been on the very first section of a very comprehensive
amendment that simply deals with improving the Federal juvenile justice
system, which is a very small portion of this debate today. The biggest
thing that is in here that has not been thought about a lot is the
provision that requires a prosecutor, an assistant U.S. Attorney at
every U.S. Attorney's office in the Nation in any every district of
this country to be set aside to prosecute gun crimes.
I want to put a chart up here that shows that in 1997, and I
understand a comparable number last year, there were over 6,000
juveniles expelled for possession of a firearm on school grounds. There
could have been prosecutions for the possession of guns on school
grounds under Federal law this year last year, et cetera, but the
Federal Government only prosecuted a handful of them. I think in 1997,
as another chart will show, there were only, like, five that were
prosecuted. And last year I think there were 13 prosecutions.
Where has the U.S. Attorney General's office and U.S. Attorney's
offices been under this administration in prosecuting Federal gun laws
dealing with children in schools when we have all of these guns having
been possessed in those schools and only a handful of prosecutions
versus the 6,000 or so that we know were recorded?
So the amendment I am offering does a lot of things. It increases
penalties where they should be increased, especially in the firearms
section. Fifteen of the sections in this amendment were proposed by the
President himself in addition to those dealing with the question of
Federal juvenile justice.
So I strongly urge the adoption of this amendment.
Mr. FORBES. Mr. Chairman, I rise in strong support of the McCollum
amendment which amongst other things increases and mandates severe
penalties for violating Federal firearms regulation.
According to the Bureau of Justice Statistics, 82 percent of Federal
offenders convicted of firearms offenses in addition to other more
serious offenses such as homicide or robbery, used or carried a firearm
during another crime. 36 percent of Federal offenders involved with
firearms had been incarcerated in the past for at least 13 months.
The fact is too many prisoners are violent or repeat criminals and if
they've misused a firearm to commit a crime are likely to do in the
future.
Our first order of business if we are to protect ourselves and our
loved ones from adult or juvenile violent criminals, armed with
firearms, must be restraining those criminals. Long term mandatory
penalties are required to do the job.
Under the McCollum, amendment for example, the penalty for
discharging a firearm in connection with a Federal crime of violence or
drug trafficking will be raised to 12 years, from the existing 10. The
bill also establishes a mandatory minimum penalty of 15 years if you
discharge the weapon and cause injury to another person during the
commission of a crime.
Again, while I support the McCollum Amendment, we should have gone a
step further. I offered an amendment that I hoped would have been made
in order, that would have increased the penalty for discharging a
firearm from 10 years to 25 years and imposed a 30 year sentence for
injuring another person.
In addition, my amendment would have imposed severe penalties of 10
years for possessing a firearm during the commission of a crime and 20
years for brandishing for threatening individuals with the weapon.
Similar provision, although not as severe, were passed by the House in
March of 1996 and exist in Federal law.
Empirical studies and common sense clearly suggest, if we freed any
significant number of imprisoned felons tonight, we would have more
murder and mayhem on the streets tomorrow. Millions of violent crimes
are averted each year by keeping convicted criminals behind bars.
Keep firearms felons behind bars--support the McCollum Amendment.
[[Page H4395]]
The CHAIRMAN. All time for debate on the amendment offered by the
gentleman from Florida (Mr. McCollum) has expired.
It is now in order to consider Amendment No. 8 printed in Part A of
House Report 106-186.
Amendment No. 8 Offered by Mr. Scott to Amendment No. 6 Offered by Mr.
Mc Collum
Mr. SCOTT. Mr. Chairman, I offer an amendment to the amendment.
The Clerk will designate the amendment to the amendment.
The text of the amendment to the amendment is as follows:
Part A amendment No. 8 offered by Mr. Scott to Part A
amendment No. 6 offered by McCollum:
Strike title II.
Redesignate succeeding titles and sections, and amend the
table of contents accordingly.
The CHAIRMAN. Pursuant to House Resolution 209, the gentleman from
Virginia (Mr. Scott) and a Member opposed each will control 10 minutes.
The Chair recognizes the gentleman from Virginia (Mr. Scott).
Mr. SCOTT. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise in opposition to the Hyde-McCollum amendment
before us and to offer an amendment to strike a major portion of it.
Unfortunately, the underlying amendment to the Hyde-McCollum
amendment seeks to amend a bill containing only sound bipartisan
juvenile justice policy by adding policies that have been shown to
actually increase crime and violence against the public and the youth
involved in policies which were specifically rejected by the sponsors
of the amendment when we were working together to put together H.R.
1501.
One of the problems with the underlying amendment is that it provides
for trying more juveniles as adults without any judicial review. Under
current law, a judge must decide whether the public interest requires a
child to be tried as an adult, with just very limited exceptions.
Now, there are numerous studies which indicate that trying more
juveniles as adults will probably result in them being treated more
leniently in an adult court and all of those studies show that the
crime rate will increase with new crimes being committed sooner and
more likely to be violent.
Now, the judge in adult court is confined to two options. He can put
the person on probation or he can lock that person up with adult
murderers, robbers, and drug dealers. Juvenile court judges have other
options, and that is why the juveniles coming out of the juvenile
system are much less likely to commit crime. If they treat a juvenile
as an adult for trial, if they are incarcerated, they will be locked up
with adults. And it does not take a brain surgeon to know that they
will not only be endangered but they will be more likely to commit a
crime when it is all over.
Mr. Chairman, in March we had hearings on what we need to do to
reduce juvenile crime and delinquency. And H.R. 1501, without the Hyde-
McCollum amendment, was the result. No one presented any coherent
information to lead us to believe that trying more juveniles as adults
was a responsible action.
Now, one of the other problems this underlying amendment needs to be
struck by my amendment is that, without my amendment, we will be
federalizing juvenile crime.
Now, Chief Justice Rehnquist has talked for years about the problem
of federalizing crime. And I am sure he would look at this bill and
say, there they go again. Obviously, if we had pursued the regular
order, the provision that federalizes juvenile crime would not have
been in the underlying bill.
Mr. Chairman, the underlying bill also contains numerous mandatory
minimum sentences. Mandatory minimum sentences have been studied. In
fact, the Rand study considered mandatory minimums, regular sentences,
and drug treatment. And for every $1 million that they would spend,
they could reduce crime by 13 with mandatory minimums. The $1 million
could reduce crime by 27 with traditional law enforcement. Or they
could reduce crime by 100 if they used drug treatment.
Obviously, mandatory minimums came up last and almost a waste of
money and, therefore, would not have survived the regular legislative
process.
{time} 1500
H.R. 1501, without the Hyde-McCollum amendment, constitutes
responsible, effective juvenile justice legislation, the product of
extensive hearings and thoughtful deliberations within the Subcommittee
on Crime of the House Committee on the Judiciary. It is legislation
which is unique because it was responsive to the problems and concerns
of all of the experts who testified and enjoys the full support of all
of the subcommittee members.
Mr. Chairman, remember we began this process with two bipartisan
bills, one in Judiciary, one in Education. Both bills were drafted as a
result of extensive hearings, and now we are in the middle of
participating in a political charade where we consider slogans and
sound bites which might score well in political polls but never would
have made it through the regular legislative process.
Now in the wake of Littleton, Colorado, and Conyers, Georgia, this
sudden change in approach is both a spectacle and an embarrassment.
For these reasons, Mr. Chairman, I believe that the committee should
reject the underlying Hyde-McCollum amendment so we do not counteract
the effective, sensible and proven policies in H.R. 1501 and replace
them with counterproductive proposals in the pending Hyde-McCollum
amendment.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. Does the gentleman from Florida (Mr. McCollum) seek
time in opposition to the amendment?
Mr. McCOLLUM. I do seek time in opposition.
The CHAIRMAN. The gentleman from Florida (Mr. McCollum) is recognized
for 10 minutes.
Mr. McCOLLUM. Mr. Chairman, I yield myself such time as I may
consume. Mr. Chairman, I strongly oppose this amendment. It would
strike the title of the amendment, the portion of the amendment which I
am offering, which deals with improving the Federal juvenile justice
system, and strike it all together. We do have a juvenile justice
system at the Federal level. Only a few hundred are ever tried in a
given year, juveniles in the Federal system, but it is antiquated, it
is out of date.
For example, juvenile judges simply do not have the discretion that
most State court judges have in their sentencing. They have fewer
options with juveniles, and we would give them the full range of
discretion that one would expect all courts to have in dealing with
juveniles. The amendment of the gentleman from Virginia (Mr. Scott)
would strike that provision that the administration has urged on us for
a number of years.
With regard to the question that seems to be the central focus of his
discussion with me over time and including today, and that is with
respect to the question about the authority of trying a juvenile as an
adult, what we are doing is not mandating that any juvenile who happens
to come into contact with the Federal system be tried as an adult, and
I want to make it perfectly clear that this proposal I am offering
today has nothing to do with the State juvenile systems, only those
handful of juveniles that may be tried in the Federal system. But what
we are doing is taking away from the judges the discretion they have
today under my amendment; that is, under the current law with my
amendment we are talking that discretion they have to decide which
children are tried as adults and which are not in the Federal system
and giving that to the prosecutors, which is the most common thing one
finds in most of the States today. That is not an unreasonable thing to
do, and they were only giving that discretion, by the way, up to the
most serious violent crimes that have been committed by juveniles.
So it is in May, it is permissive, not mandatory, it is a discretion
being given to prosecutors to try the juvenile as an adult instead of
the judge, which is present in most State juvenile systems, and it is
limited only to very serious crimes. Let me read the list:
Murder, manslaughter, assault with intent to commit murder or rape,
aggravated sexual abuse, abusive sexual contact, kidnapping, aircraft
piracy, robbery, carjacking, extortion, arson or any attempt,
conspiracy or solicitation to commit one of those offenses,
[[Page H4396]]
and any crime punishable by imprisonment for a maximum of 10 years or
more that involves the use or threatened use of physical force against
another.
So we are talking only about very serious crimes that a juvenile
would commit, and then we are allowing discretion in the prosecutor's
hands that is common in the State systems all over the country if there
is a Federal prosecutor dealing with those limited number of Federal
cases of juveniles that come before us in our Federal court system.
This is long overdue. The amendment offered by the gentleman from
Virginia (Mr. Scott) should be defeated, and we should let an
antiquated Federal juvenile system be improved.
Mr. Chairman, I reserve the balance of my time.
Mr. SCOTT. Mr. Chairman, I yield 2 minutes to the gentleman from New
York (Mr. Meeks).
Mr. MEEKS of New York. Mr. Chairman, I rise to strongly support the
Scott amendment and adamantly against the McCollum amendment. The
McCollum, for example, this amendment would negatively impact children
by placing children at risk of assault and abuse in adult jails. The
McCollum amendment allows Federal prosecutors rather than judges the
discretion to try children as adults. The McCollum amendment would
lower the age to 13 in some cases at which children can be tried as
adults in the Federal system. This amendment, the McCollum amendment
broadens the scope of Federal crimes in which juveniles can be tried as
adults. Simply put, more children will be placed in adult jails, and
they will be as young as 13.
I am extremely concerned because the McCollum amendment will also
make it easier to put more children, and just tell it like it is, more
black and brown children in jail. Children of color make up one-third
of all children nationwide, but two-thirds of all incarcerated
juveniles are considered ethnic minorities. African American youth aged
10 to 17 constitutes 15 percent of United States population in that age
group, but they account for 26 percent of juvenile arrests, 32 percent
of delinquency referrals to juvenile court, 41 percent of juvenile
detained in delinquency cases, 46 percent of juveniles in correction
institutions and 52 percent of juveniles transferred to adult criminal
court after judicial proceedings.
Minority youth are much more likely to end up in prisons with adult
offenders. In 1995, nearly 10,000 juvenile cases were transferred to
adult criminal courts by judicial waiver. Of those proceedings, cases
involving African American children were 50 percent more likely to be
waived than cases involving Caucasian. Mandatory minimum sentencing
will enable our children to be at serious risk of abuse and assault.
This, the McCollum amendment, goes against current studies which
indicate that trying children as adults increases rather than decreases
youth crime. Allowing contact between juveniles and adults in adult
jails would make children eight times more likely to commit suicide,
five times more likely to be sexually assaulted and twice as likely to
be assaulted by staff in adult than in juvenile facilities.
I support the Scott amendment.
By the McCollum amendment imposing new mandatory minimum sentences
for children who are convicted of certain offenses--mandatory minimums
will impose harsher penalties on youthful offenders than adult
criminals guilty of the same offenses under current law.
For example, under the McCollum amendment any juvenile who discharges
a firearm in a school zone would get a minimum 10-year sentence. An
adult currently charged with the same offense would not be subject to
the same mandatory penalty.
Let me remind you that mandatory sentences are expensive, unfair, and
often ineffective. A 1997 Rand study shows that mandatory minimum
sentences are not cost effective in reducing drug-related crimes. Even
Chief Justice Rehnquist had criticized mandatory minimum sentences as
unduly harsh punishment for first-time offenders.
We must help our children when they are charged of a crime. We must
provide education and counseling services to rehabilitate them back
into society. We must not write them off! We must remember that they
are still children and we must try harder to help them because they are
the future.
Mr. McCOLLUM. Mr. Chairman, I yield myself such time as I may
consume. I just want to make it very clear, and I do not know where
this idea of commingling children with adults in facilities, prison
facilities, is coming from. There is no change in my amendment to the
current law with respect to prohibiting commingling. It cannot happen.
Under Federal law today it is impermissible to mingle a juvenile with
an adult. Whether that juvenile is waiting for trial and sentencing or
even after a child has been tried as an adult in an adult court and
they are still under the legal age of 18, they may not be housed with
or commingled with adults. There is nothing in my amendment that would
change that in any way, shape or form, and I want to make that again
very clear.
Mr. Chairman, I reserve the balance of my time.
Mr. SCOTT. Mr. Chairman, I yield 1 minute to the gentleman from North
Carolina (Mr. Watt).
Mr. WATT of North Carolina. Mr. Chairman, as difficult as we try to
make this, it is not rocket science. We know what works and what does
not work. Every single study that has ever been done indicates that
juveniles as adults and locking them up as adults increases crime, does
not decrease crime, and I thought we were here today to talk about what
decreases crime and what was effective.
Here is the thing. Lock up a 13-year-old with a murderer, a rapist
and a robber, and guess what he will want to be when he grows up? We
know what he will want to be when he grows up. He will want to be a
murderer, he will want to be a rapist, and he will want to be a robber,
and that is what this amendment proposes to do. It wants to treat young
13-year-old kids as adults. Every single study in America that has ever
been done says it is counterproductive. This is politics and we got to
quit playing politics with the futures of our children.
Mr. SCOTT. Mr. Chairman, I yield such time as he may consume to the
gentleman from Michigan (Mr. Conyers).
(Mr. CONYERS asked and was given permission to revise and extend his
remarks.)
Mr. CONYERS. Mr. Chairman, I rise in support of the Scott amendment.
In the wake of a series of tragic incidents at high schools in
Colorado and Georgia, Democrats and Republicans came together to craft
H.R. 1501. We put aside the politics of poll-tested sound bites--``do
the crime do adult time;'' mandatory minimums; ``3 strikes you're
out''--to hold thoughtful deliberations that yielded a unique piece of
legislation responsive to the concerns of experts in the field and
supported by all members of the subcommittee, both Democrat and
Republican.
This is why I am deeply disappointed to see the Republican majority
abandon bipartisanship to play politics with juvenile justice; abandon
orderly legislative process to pursue legislation by ambush; and
abandon its commitment to the American people to follow the lead of
special interests.
How do we know the Republican Majority has decided to play politics
with juvenile justice? They now advocate policies that just weeks ago
even they acknowledged lacked merit. Listen to their own words.
On March 11, 1999 Crime Subcommittee Chairman McCollum stated:
``Taking consequences seriously is not a call for locking all juveniles
up, nor does it imply the housing of juveniles, even violent hardened
juveniles, with adults. I, for one, am opposed to such commingling.''
On April 22, 1999 he repeated: ``I believe the bill we move today
[represents] a balanced effort to strengthen juvenile justice systems
so that they are able to insure appropriate measured consequences for
delinquent acts of the most youthful offenders who because of their age
are amendable to being directed away from later, more serious wrong
doing.''
Yet today, the Majority is pushing legislation which tries more
children as adults, houses more juveniles as adults, and imposes a
whole slew of new mandatory minimum penalties and death penalties.
What's really extraordinary about these proposals is just how
meaningless they really are. Fewer than 150 prosecutions in the federal
system each year, and such changes are likely to affect only a small
percentage of those cases. These proposals do not represent serious
attempts at legislation. Rather they are a transparent attempt to
legislate by sound bite and kill a bill that they themselves agreed was
the best approach to juvenile justice.
Housing juveniles in adult prison facilities means more kids are
likely to commit suicide, or be murdered or physically or sexually
abused than their counterparts in juvenile facilities. As a matter of
fact, children in adult jails or prisons have been shown to be five
[[Page H4397]]
times more likely to be assaulted and eight times more likely to commit
suicide than children in juvenile facilities in adult prisons.
Judiciary Committee hearings have turned up numerous instances of
such abuse. In Ironton, Ohio, a 15 year-old girl ran away from home
overnight, then returned to her parents. A juveile court judge put her
in a county jail to ``teach her a lesson.'' The girl was sexually
assaulted by a deputy jailer on her fourth night in jail. In Boise,
Idaho, 17 year-old Christopher Petermen was held in adult jail for
failing to pay $73 in traffic fines. Over a 14 hour period, he was
tortured and finally murdered by other prisoners in the cell. In
LaGrange, Kentucky, 15-year-old Robbie Horn was confined in an adult
facility for refusing to obey his mother. Soon after he was placed in
jail he used his own shirt to hang himself.
Repeated studies of prosecuting juveniles as adults indicates that
rather than serving as a deterrent to juveile crime prosecuting more
juveniles as adults merely leads to greater and more serious
recidivism. This is because adult jail facilities have little capacity
to offer the educational, counseling, and mental health services needed
to deal with juvenile offenders.
Other aspects of the Majority's juvenile justice proposals are just
as misguided. For example, a Rand commission study showed that
mandatory minimum sentences reduced crime less and cost much more money
when compared to discretionary sentencing and release laws. Increased
death penalties are also problematic--in addition to the increasing
problem of prosecutor error, capital punishment diminishes the value of
all life and could not begin to deter suicide killers like those at
Columbine High School.
The reality is that a continuum of services aimed at-risk youth--such
as teen pregnancy prevention, Head Start, recreational programs, drop-
out prevention programs, summer jobs, drug treatment, mental health
services, and education and treatment programs during incarceration--
are needed to significantly reduced juvenile crime. This is the
approach found in H.R. 1501, but is subsequently abandoned by the
Majority.
If we are truly interested in juvenile justice reform, we must begin
by rejecting unprincipled amendments allowed by the Rule that would cut
out the heart of this bill and stick to the principles of H.R. 1501.
This was a bill produced by a bipartisan process and unanimously
approved by the Crime Subcommittee. In the wake of the recent school
yard tragedies in Littleton, Colorado and Conyers, Georgia, the
American people deserve and expect reform. We cannot and should not
allow false arguments about ``getting tough on crime'' and prosecuting
juveniles as adults to prevent us from achieving these important goals.
Mr. SCOTT. Mr. Chairman, I yield 1 minute to the gentlewoman from
California (Ms. Waters).
Ms. WATERS. Mr. Chairman, I and others who have taken to the floor to
speak about this attempt by the gentleman from Florida (Mr. McCollum)
to open up the Federal system to youth and try them as adults is very
serious with us because of what we already know about how the system
works. Let me continue with some of the statistics that we have begun
to roll out. Black youth are much more likely to end up imprisoned as
adult offenders. In 1995 nearly 10,000 juvenile cases were transferred
to adult criminal court by judicial waiver. Of these proceedings, cases
involving black youth were 52 percent of all the children and
adolescents waived to the adult court.
Youth Law Center, America's assault on minority youth, the problem of
over representation of minority youth in the justice system; we are
telling the gentleman from Florida (Mr. McCollum) aside from the
problem with minority youth we are exacerbating the problem for Native
Americans. As my colleagues know, what they are doing is going to have
a disproportionate impact on them, and let me just say that minorities
do fare worse in this system because they do not have the contacts, and
people acting on their behalf and tweaking the system; Mr. McCollum, he
has used his influence to get off people in the system who have
committed serious charges. Black youth and minority youth do not have
that opportunity to have that kind of support.
Mr. SCOTT. Mr. Chairman, I yield 30 seconds to the gentleman from
Massachusetts (Mr. Delahunt).
Mr. DELAHUNT. Mr. Chairman, I thank the gentleman for yielding this
time to me, and there is one provision that I do support, one out of
all of the provisions that I support in the McCollum amendment, and
that is the one that designates an Assistant United States Attorney to
focus in on the issue of guns. However, I say to the gentleman from
Florida (Mr. McCollum), what he fails to do in the amendment is to
provide an authorization for the funding for the additional Assistant
United States Attorney. Myself and the former attorney general of the
State of Arizona, who now serves in this body, the gentleman from
Colorado (Mr. Udall) had that amendment before, before the Committee on
Rules, and it was not ruled in order, and I would hope that the
gentleman would consider unanimous consent to adopt that amendment.
Mr. SCOTT. Mr. Chairman, I yield myself the balance of the time.
The CHAIRMAN. The gentleman from Virginia is recognized for 30
seconds.
Mr. SCOTT. Mr. Chairman, the Hyde-McCollum amendment was not
subjected to the regular process and therefore we do not know what is
wrong with the present law in trying juveniles as adults or what is
wrong or why the mandatory minimums need to be imposed. I point out on
page 12, line 14 of the amendment there are changes in incarceration
with adults where the protections of juveniles are very seriously
jeopardized.
Finally, Mr. Chairman, I will ask unanimous consent at the end of the
time for the gentleman from Florida that I be able to ask unanimous
consent to withdraw the amendment and go right to the vote on the
McCollum amendment. I will make that unanimous consent request at the
end of his time.
Mr. McCOLLUM. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman. I will not consume by any means all of it. I just want
to respond to a couple things that have been said out here today. One
of those concerns, the issue of again this commingling question. There
is no commingling at all that would be allowed in this legislative
proposal that I have. But I understand there are concerns that other
Members on the other side of the aisle have with allowing prosecutors
the discretion in these very serious criminal cases in the Federal
system to try juveniles as adults. I find that to be one of those kinds
of things where we just have a disagreement because most of the States
have that option for prosecutors. That is all my amendment does, is to
revise very old and antiquated Federal laws dealing just with those
limited handful of juvenile cases that come before the Federal system
every year to revise those laws, to let them comply with the State laws
where there is often and most often a prosecutor's discretion allowed
when we deal with murder, rape, robbery, those really serious crimes,
and only with those, and it is discretionary again, and again no
commingling.
And last, the gentleman from Massachusetts is making a point, we did
not authorize any funding for an additional prosecutor in the
underlying amendment dealing with prosecuting gun crimes where we
require a separate U.S. Attorney, Assistant U.S. Attorney, to be set
aside to prosecute those crimes.
{time} 1515
But I did not intend that we hire a new assistant U.S. prosecutor.
The amendment contemplates that every U.S. Attorney in this country set
aside one of the existing ones with no additional funds. That is what
was done in the Bush administration. A priority was set among the
existing prosecutions in the country so that gun crime prosecutions had
high priority, such a high priority that I think should be here with
this administration to prosecute gun crimes as we have had so few
prosecuted.
That is the sole purpose of that provision. No additional prosecutors
are necessary and no additional money need be authorized in this
setting.
Mr. HASTINGS of Florida. Mr. Chairman, will the gentleman yield?
Mr. McCOLLUM. I yield to the gentleman from Florida.
Mr. HASTINGS of Florida. Mr. Chairman, my colleague and I are from
Florida. Am I correct that Florida has a law that allows for us to be
able to prosecute juveniles who commit even the heinous crimes that the
gentleman's measure calls for? If that is true, why, then, federalize
this particular process?
So many times, I say to my colleague, we come to the floor saying,
leave things in the hands of local authorities. How is it all of a
sudden the Federal system is going to be better?
[[Page H4398]]
Mr. McCOLLUM. Mr. Chairman, reclaiming my time, I know that the
gentleman probably misunderstands my amendment, because the gentleman
has been a former Federal judge and I respect the gentleman a lot on
this. The amendment I am proposing in no way Federalizes those crimes
that the States are involved with. It does not add any new dimension to
Federal jurisdiction.
Where Federal law already allows for prosecutions such as in drug
cases and in gun cases, which it does, there could be prosecutions of
juveniles as adults if prosecutors decided. Today, as the gentleman
knows, there could be prosecutions of juveniles as adults in the
Federal system in those kinds of cases if the judges, Federal judges
decide.
So I am not really adding any new crimes or going into the State
jurisdictions with my amendment, I say to the gentleman. I was very
careful not to do that. So I am glad the gentleman pointed that out,
because it should be clarified. I thank the gentleman for doing so.
Mr. DELAHUNT. Mr. Chairman, will the gentleman yield?
Mr. McCOLLUM. I yield to the gentleman from Massachusetts.
Mr. DELAHUNT. Mr. Chairman, I thank the gentleman for yielding.
I would point out to the gentleman that since 1993 there have been
innumerable burdens deposited on United States Attorneys' offices. If
we are going to be really serious about the issue of guns and violence
in a realistic approach in terms of the appropriate role for the
Federal Government, I dare say a price tag of $8 million to save lives,
to reduce violence in our streets, is something that ought to occur. We
have got to pay for it. We cannot do it on the cheap, I say to my
colleague from Florida.
Mr. McCOLLUM. Mr. Chairman, reclaiming my time, I would say that the
Bush administration, the previous administration did this with the
existing resources and made it a priority. I think that should be done
first. I am certainly willing to go with the gentleman to add more
prosecutors, generally speaking, whether they are designated or not. I
think we do have a lower number of Federal prosecutors and too few
Federal judges, especially in Florida, my State, and there may be an
opportunity later on in this bill to do something about that with some
of the other amendments. But I respect the fact that the gentleman
wants to see more Federal prosecutors. That in no way diminishes the
fact that my amendment proposes that an existing prosecutor in every
Federal district be set aside to prosecute gun cases and be given that
as a top priority with existing resources. That is what my amendment
does; that is what should be done.
Mr. Chairman, I oppose the Scott amendment, I urge that it be
defeated, if it is not withdrawn. If the effort is going to be made to
withdraw it, I will not oppose it.
Mr. Chairman, I yield back the balance of my time.
Mr. SCOTT. Mr. Chairman, I ask unanimous consent that the amendment
be withdrawn.
The CHAIRMAN. Is there objection to the request of the gentleman from
Virginia?
There was no objection.
The CHAIRMAN. The amendment is withdrawn.
The question is on the amendment offered by the gentleman from
Florida (Mr. McCollum).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Recorded Vote
Mr. McCollum. Mr. Chairman, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 249,
noes 181, not voting 4, as follows:
[Roll No. 211]
AYES--249
Aderholt
Andrews
Archer
Armey
Bachus
Baird
Baker
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Berkley
Berry
Biggert
Bilbray
Bilirakis
Bishop
Bliley
Blunt
Boehlert
Boehner
Bono
Borski
Boswell
Boucher
Boyd
Brady (TX)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Capps
Castle
Chabot
Chambliss
Clement
Collins
Combest
Condit
Cook
Costello
Cox
Cramer
Crane
Cubin
Cunningham
Davis (FL)
Davis (VA)
Deal
DeLay
DeMint
Deutsch
Diaz-Balart
Dickey
Doyle
Dreier
Duncan
Dunn
Edwards
Ehrlich
Emerson
English
Etheridge
Evans
Everett
Ewing
Fletcher
Forbes
Fowler
Franks (NJ)
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Green (TX)
Green (WI)
Greenwood
Gutknecht
Hall (OH)
Hansen
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill (IN)
Hilleary
Hobson
Holden
Holt
Hooley
Horn
Hulshof
Hunter
Hutchinson
Isakson
Istook
Jenkins
John
Johnson (CT)
Johnson, Sam
Jones (NC)
Kelly
King (NY)
Kingston
Knollenberg
Kolbe
Kuykendall
LaHood
Lampson
Largent
Latham
Lazio
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lowey
Lucas (KY)
Lucas (OK)
Luther
Maloney (CT)
Mascara
McCarthy (NY)
McCollum
McCrery
McHugh
McInnis
McIntosh
McIntyre
McKeon
Mica
Miller (FL)
Miller, Gary
Minge
Moore
Moran (KS)
Myrick
Nethercutt
Northup
Norwood
Nussle
Ortiz
Ose
Oxley
Packard
Pallone
Pascrell
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pickering
Pitts
Pomeroy
Porter
Portman
Quinn
Radanovich
Ramstad
Regula
Reyes
Reynolds
Riley
Roemer
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Rothman
Roukema
Royce
Ryan (WI)
Ryun (KS)
Salmon
Sanchez
Saxton
Schaffer
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shows
Shuster
Simpson
Skelton
Smith (MI)
Smith (TX)
Smith (WA)
Spence
Stabenow
Stearns
Stump
Sununu
Talent
Tancredo
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thune
Toomey
Traficant
Turner
Udall (NM)
Upton
Vitter
Walden
Walsh
Watkins
Watts (OK)
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Whitfield
Wicker
Wolf
Wu
Young (AK)
Young (FL)
NOES--181
Abercrombie
Ackerman
Allen
Baldacci
Baldwin
Barrett (WI)
Becerra
Bentsen
Berman
Blagojevich
Blumenauer
Bonilla
Bonior
Brady (PA)
Brown (FL)
Brown (OH)
Campbell
Cannon
Capuano
Cardin
Carson
Chenoweth
Clay
Clayton
Clyburn
Coble
Coburn
Conyers
Cooksey
Coyne
Crowley
Cummings
Danner
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Ehlers
Engel
Eshoo
Farr
Fattah
Filner
Foley
Ford
Fossella
Frank (MA)
Gejdenson
Gephardt
Gonzalez
Goode
Gutierrez
Hall (TX)
Hastings (FL)
Hill (MT)
Hilliard
Hinchey
Hinojosa
Hoeffel
Hoekstra
Hostettler
Hoyer
Hyde
Inslee
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind (WI)
Kleczka
Klink
Kucinich
LaFalce
Lantos
Larson
LaTourette
Lee
Levin
Lewis (GA)
Lipinski
Lofgren
Maloney (NY)
Manzullo
Markey
Martinez
Matsui
McCarthy (MO)
McDermott
McGovern
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Metcalf
Millender-McDonald
Miller, George
Mink
Moakley
Mollohan
Moran (VA)
Morella
Murtha
Nadler
Napolitano
Neal
Ney
Oberstar
Obey
Olver
Owens
Pastor
Paul
Payne
Pease
Pelosi
Pickett
Pombo
Price (NC)
Pryce (OH)
Rahall
Rangel
Rivers
Rodriguez
Roybal-Allard
Rush
Sabo
Sanders
Sandlin
Sanford
Sawyer
Scarborough
Schakowsky
Scott
Serrano
Sherman
Sisisky
Skeen
Slaughter
Smith (NJ)
Snyder
Souder
Spratt
Stark
Stenholm
Strickland
Stupak
Sweeney
Tanner
Thompson (MS)
Thornberry
Thurman
Tiahrt
Tierney
Towns
Udall (CO)
Velazquez
Vento
Visclosky
Wamp
Waters
Watt (NC)
Waxman
Weygand
Wilson
Wise
Woolsey
Wynn
NOT VOTING--4
Brown (CA)
Davis (IL)
Houghton
Kasich
{time} 1542
Messrs. COBURN, BONILLA, FOSSELLA, and DOOLITTLE changed their vote
from ``aye'' to ``no.''
Mr. BACHUS, Mrs. CUBIN, Mr. UPTON, and Mr. MORAN of Kansas changed
their vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
[[Page H4399]]
The CHAIRMAN. Pursuant to notice to the Committee, it is now in order
to consider amendment No. 31 printed in Part A of House Report 106-186.
Amendment No. 31 Offered by Mr. Hyde
Mr. HYDE. Mr. Chairman, pursuant to the rule, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A amendment No. 31 offered by Mr. Hyde:
Add at the end the following new title:
TITLE __--PROTECTING CHILDREN FROM THE CULTURE OF VIOLENCE
SEC. __. PROTECTING CHILDREN FROM EXPLICIT SEXUAL OR VIOLENT
MATERIAL.
(a) In General.--Chapter 71 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1471. Protection of minors
``(a) Prohibition.--Whoever in interstate or foreign
commerce knowingly and for monetary consideration, sells,
sends, loans, or exhibits, directly to a minor, any picture,
photograph, drawing, sculpture, video game, motion picture
film, or similar visual representation or image, book,
pamphlet, magazine, printed matter, or sound recording, or
other matter of any kind containing explicit sexual material
or explicit violent material which--
``(1) the average person, applying contemporary community
standards, would find, taking the material as a whole and
with respect to minors, is designed to appeal or pander to
the prurient, shameful, or morbid interest;
``(2) the average person, applying contemporary community
standards, would find the material patently offensive with
respect to what is suitable for minors; and
``(3) a reasonable person would find, taking the material
as a whole, lacks serious literary, artistic, political, or
scientific value for minors;
shall be punished as provided in subsection (c) of this
section.
``(b) Definitions.--As used in subsection (a)--
``(1) the term `knowingly' means having general knowledge
of, or reason to know, or a belief or ground for belief which
warrants further inspection or inquiry of--
``(A) the character and content of any material described
in subsection (a) which is reasonably susceptible of
examination by the defendant; and
``(B) the age of the minor;
but an honest mistake is a defense against a prosecution
under this section if the defendant made a reasonable bona
fide attempt to ascertain the true age of such minor;
``(2) the term `minor' means any person under the age of 17
years; and
``(3) the term `sexual material' means a visual depiction
of an actual or simulated display of, or a detailed verbal
description or narrative account of--
``(A) human male or female genitals, pubic area or buttocks
with less than a full opaque covering;
``(B) a female breast with less than a fully opaque
covering of any portion thereof below the top of the nipple;
``(C) covered male genitals in a discernibly turgid state;
``(D) acts of masturbation, sodomy, or sexual intercourse;
``(E) physical contact with a person's clothed or unclothed
genitals, pubic area, buttocks, or if such person be a
female, breast;
``(4) the term `violent material' means a visual depiction
of an actual or simulated display of, or a detailed verbal
description or narrative account of--
``(A) sadistic or masochistic flagellation by or upon a
person;
``(B) torture by or upon a person;
``(C) acts of mutilation of the human body; or
``(D) rape.
``(c) Penalties.--The punishment for an offense under this
section is--
``(1) a fine under this title or imprisonment for not more
than 5 years, or both, in the case of an offense which does
not occur after a conviction for another offense under this
section; and
``(2) a fine under this title or imprisonment for not more
than 10 years, or both, in the case of an offense which
occurs after a conviction for another offense under this
section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 71 of title 18, United States Code, is
amended by adding at the end the following new item:
``1471. Protection of minors.''.
SEC. __. PRE-PURCHASE DISCLOSURE OF LYRICS PACKAGED WITH
SOUND RECORDINGS.
(a) In General.--It is the sense of Congress that retail
establishments engaged in the sale of sound recordings--
(1) should make available for on-site review, upon the
request of a person over the age of 18 years, the lyrics
packaged with any sound recording they offer for sale; and
(2) should post a conspicuous notice of the right to review
described in paragraph (1).
``(b) Definition.--The term `retail establishment' means
any physical place of business which sells directly to a
consumer, but does not include mail order, catalog, or on-
line sales of sound recordings.
SEC. __. STUDY OF EFFECTS OF ENTERTAINMENT ON CHILDREN.
(a) Requirement.--The National Institutes of Health shall
conduct a study of the effects of video games and music on
child development and youth violence.
(b) Elements.--The study under subsection (a) shall
address--
(1) whether, and to what extent, video games and music
affect the emotional and psychological development of
juveniles; and
(2) whether violence in video games and music contributes
to juvenile delinquency and youth violence.
SEC. __. TEMPORARY ANTITRUST IMMUNITY TO PERMIT THE
ENTERTAINMENT INDUSTRY TO SET GUIDELINES TO
HELP PROTECT CHILDREN FROM HARMFUL MATERIAL.
(a) Findings.--Congress makes the following findings:
(1) Television is seen and heard in nearly every United
States home and is a uniquely pervasive presence in the daily
lives of Americans. The average American home has 2.5
televisions, and a television is turned on in the average
American home 7 hours every day.
(2) Television plays a particularly significant role in the
lives of children. Figures provided by Nielsen Research show
that children between the ages of 2 years and 11 years spend
an average of 21 hours in front of a television each week.
(3) Television has an enormous capability to influence
perceptions, especially those of children, of the values and
behaviors that are common and acceptable in society.
(4) The influence of television is so great that its images
and messages often can be harmful to the development of
children. Social science research amply documents a strong
correlation between the exposure of children to televised
violence and a number of behavioral and psychological
problems.
(5) Hundreds of studies have proven conclusively that
children who are consistently exposed to violence on
television have a higher tendency to exhibit violent and
aggressive behavior, both as children and later in life.
(6) Such studies also show that repeated exposure to
violent programming causes children to become desensitized to
and more accepting of real-life violence and to grow more
fearful and less trusting of their surroundings.
(7) A growing body of social science research indicates
that sexual content on television can also have a significant
influence on the attitudes and behaviors of young viewers.
This research suggests that heavy exposure to programming
with strong sexual content contributes to the early
commencement of sexual activity among teenagers.
(8) Members of the National Association of Broadcasters
(NAB) adhered for many years to a comprehensive code of
conduct that was based on an understanding of the influence
exerted by television and on a widely held sense of
responsibility for using that influence carefully.
(9) This code of conduct, the Television Code of the
National Association of Broadcasters, articulated this sense
of responsibility as follows:
(A) ``In selecting program subjects and themes, great care
must be exercised to be sure that the treatment and
presentation are made in good faith and not for the purpose
of sensationalism or to shock or exploit the audience or
appeal to prurient interests or morbid curiosity.''.
(B) ``Broadcasters have a special responsibility toward
children. Programs designed primarily for children should
take into account the range of interests and needs of
children, from instructional and cultural material to a wide
variety of entertainment material. In their totality,
programs should contribute to the sound, balanced development
of children to help them achieve a sense of the world at
large and informed adjustments to their society.''.
(C) ``Violence, physical, or psychological, may only be
projected in responsibly handled contexts, not used
exploitatively. Programs involving violence present the
consequences of it to its victims and perpetrators.
Presentation of the details of violence should avoid the
excessive, the gratuitous and the instructional.''.
(D) ``The presentation of marriage, family, and similarly
important human relationships, and material with sexual
connotations, shall not be treated exploitatively or
irresponsibly, but with sensitivity.''.
(E) ``Above and beyond the requirements of the law,
broadcasters must consider the family atmosphere in which
many of their programs are viewed. There shall be no graphic
portrayal of sexual acts by sight or sound. The portrayal of
implied sexual acts must be essential to the plot and
presented in a responsible and tasteful manner.''.
(10) The National Association of Broadcasters abandoned the
code of conduct in 1983 after three provisions of the code
restricting the sale of advertising were challenged by the
Department of Justice on antitrust grounds and a Federal
district court issued a summary judgment against the National
Association of Broadcasters regarding one of the provisions
on those grounds. However, none of the programming standards
of the code were challenged.
(11) While the code of conduct was in effect, its
programming standards were never found to have violated any
antitrust law.
(12) Since the National Association of Broadcasters
abandoned the code of conduct, programming standards on
broadcast and cable television have deteriorated
dramatically.
[[Page H4400]]
(13) In the absence of effective programming standards,
public concern about the impact of television on children,
and on society as a whole, has risen substantially. Polls
routinely show that more than 80 percent of Americans are
worried by the increasingly graphic nature of sex, violence,
and vulgarity on television and by the amount of programming
that openly sanctions or glorifies criminal, antisocial, and
degrading behavior.
(14) At the urging of Congress, the television industry has
taken some steps to respond to public concerns about
programming standards and content. The broadcast television
industry agreed in 1992 to adopt a set of voluntary
guidelines designed to ``proscribe gratuitous or excessive
portrayals of violence''. Shortly thereafter, both the
broadcast and cable television industries agreed to conduct
independent studies of the violent content in their
programming and make those reports public.
(15) In 1996, the television industry as a whole made a
commitment to develop a comprehensive rating system to label
programming that may be harmful or inappropriate for
children. That system was implemented at the beginning of
1999.
(16) Despite these efforts to respond to public concern
about the impact of television on children, millions of
Americans, especially parents with young children, remain
angry and frustrated at the sinking standards of television
programming, the reluctance of the industry to police itself,
and the harmful influence of television on the well-being of
the children and the values of the United States.
(17) The Department of Justice issued a ruling in 1993
indicating that additional efforts by the television industry
to develop and implement voluntary programming guidelines
would not violate the antitrust laws. The ruling states that
``such activities may be likened to traditional standard
setting efforts that do not necessarily restrain competition
and may have significant procompetitive benefits . . . Such
guidelines could serve to disseminate valuable information on
program content to both advertisers and television viewers.
Accurate information can enhance the demand for, and increase
the output of, an industry's products or services.''.
(18) The Children's Television Act of 1990 (Public Law 101-
437) states that television broadcasters in the United States
have a clear obligation to meet the educational and
informational needs of children.
(19) Several independent analyses have demonstrated that
the television broadcasters in the United States have not
fulfilled their obligations under the Children's Television
Act of 1990 and have not noticeably expanded the amount of
educational and informational programming directed at young
viewers since the enactment of that Act.
(20) The popularity of video and personal computer (PC)
games is growing steadily among children. Although most
popular video and personal computer games are educational or
harmless in nature, some are extremely violent. One recent
study by Strategic Record Research found that 64 percent of
teenagers played video or personal computer games on a
regular basis.
(21) Game players of violent games may be cast in the role
of shooter, with points scored for each ``kill''. Similarly,
advertising for such games often touts violent content as a
selling point--the more graphic and extreme, the better.
(22) Due to their increasing popularity and graphic
quality, video games may increasingly influence
impressionable children.
(23) Music is another extremely pervasive and popular form
of entertainment. American children and teenagers listen to
music more than any other demographic group. The Journal of
American Medicine reported that between the 7th and 12th
grades the average teenager listens to 10,500 hours of rock
or rap music, just slightly less than the entire number of
hours spent in the classroom from kindergarten through high
school.
(24) Teens are among the heaviest purchasers of music, and
are most likely to favor music genres that depict, and often
appear to glamorize violence.
(25) Music has a powerful ability to influence perceptions,
attitudes, and emotional state. The use of music as therapy
indicates its potential to increase emotional, psychological,
and physical health. That influence can be used for ill as
well.
(b) Purposes; Construction.--
(1) Purposes.--The purposes of this section are to permit
the entertainment industry--
(A) to work collaboratively to respond to growing public
concern about television programming, movies, video games,
Internet content, and music lyrics, and the harmful influence
of such programming, movies, games, content, and lyrics on
children;
(B) to develop a set of voluntary programming guidelines
similar to those contained in the Television Code of the
National Association of Broadcasters; and
(C) to implement the guidelines in a manner that alleviates
the negative impact of television programming, movies, video
games, Internet content, and music lyrics on the development
of children in the United States and stimulates the
development and broadcast of educational and informational
programming for such children.
(2) Construction.--This section may not be construed as--
(A) providing the Federal Government with any authority to
restrict television programming, movies, video games,
Internet content, or music lyrics that is in addition to the
authority to restrict such programming, movies, games,
content, or lyrics under law as of the date of the enactment
of this Act; or
(B) approving any action of the Federal Government to
restrict such programming, movies, games, content, or lyrics
that is in addition to any actions undertaken for that
purpose by the Federal Government under law as of such date.
(c) Exemption of Voluntary Agreements on Guidelines for
Certain Entertainment Material From Applicability of
Antitrust Laws.--
(1) Exemption.--Subject to paragraph (2), the antitrust
laws shall not apply to any joint discussion, consideration,
review, action, or agreement by or among persons in the
entertainment industry for the purpose of developing and
disseminating voluntary guidelines designed--
(A) to alleviate the negative impact of telecast material,
movies, video games, Internet content, and music lyrics
containing--
(i) violence, sexual content, criminal behavior; or
(ii) other subjects that are not appropriate for children;
or
(B) to promote telecast material, movies, video games,
Internet content, or music lyrics that are educational,
informational, or otherwise beneficial to the development of
children.
(2) Limitation.--The exemption provided in paragraph (1)
shall not apply to any joint discussion, consideration,
review, action, or agreement that--
(A) results in a boycott of any person; or
(B) concerns the purchase or sale of advertising, including
restrictions on the number of products that may be advertised
in a commercial, the number of times a program may be
interrupted for commercials, and the number of consecutive
commercials permitted within each interruption.
(3) Definitions.--In this subsection:
(A) Antitrust laws.--The term ``antitrust laws''--
(i) has the meaning given it in subsection (a) of the first
section of the Clayton Act (15 U.S.C. 12(a)), except that
such term includes section 5 of the Federal Trade Commission
Act (15 U.S.C. 45) to the extent such section 5 applies to
unfair methods of competition; and
(ii) includes any State law similar to the laws referred to
in subparagraph (A).
(B) Internet.--The term ``Internet'' means the combination
of computer facilities and electromagnetic transmission
media, and related equipment and software, comprising the
interconnected worldwide network of computer networks that
employ the Transmission Control Protocol/Internet Protocol or
any successor protocol to transmit information.
(C) Movies.--The term ``movies'' means theatrical motion
pictures.
(D) Person in the entertainment industry.--The term
``person in the entertainment industry'' means a television
network, any person that produces or distributes television
programming (including theatrical motion pictures), the
National Cable Television Association, the Association of
Independent Television Stations, Incorporated, the National
Association of Broadcasters, the Motion Picture Association
of America, each of the affiliate organizations of the
television networks, the Interactive Digital Software
Association, any person that produces or distributes video
games, the Recording Industry Association of America, and any
person that produces or distributes music, and includes any
individual acting on behalf of any of the above.
(E) Telecast.--The term ``telecast material'' means any
program broadcast by a television broadcast station or
transmitted by a cable television system.
(d) Sunset.--Subsection (d) shall apply only with respect
to conduct that occurs in the period beginning on the date of
the enactment of this Act and ending 3 years after such date.
(e) Report.--The Attorney General shall report to the
Congress, not later than 90 days after the period described
in subsection (d), on the effect of the exemption made by
this section.
SEC. __. PROMOTING GRASSROOTS SOLUTIONS TO YOUTH VIOLENCE.
(a) Establishment of National Youth Crime Prevention
Demonstration Project.--The Attorney General shall, subject
to appropriations, award a grant to the National Center for
Neighborhood Enterprise (referred to in this section as the
``National Center'') to enable the National Center to award
subgrants to grassroots entities in the following 8 cities:
(1) Washington, District of Columbia.
(2) Detroit, Michigan.
(3) Hartford, Connecticut.
(4) Indianapolis, Indiana.
(5) Chicago (and surrounding metropolitan area), Illinois.
(6) Dallas, Texas.
(7) Los Angeles, California.
(8) Norfolk, Virginia.
(9) Houston, Texas.
(b) Eligibility.--
(1) In general.--To be eligible to receive a subgrant under
this section, a grassroots entity referred to in subsection
(a) shall submit an application to the National Center to
fund intervention models that establish violence-free zones.
[[Page H4401]]
(2) Selection criteria.--In awarding subgrants under this
section, the National Center shall consider--
(A) the track record of a grassroots entity and key
participating individuals in youth group mediation and crime
prevention;
(B) the engagement and participation of a grassroots entity
with other local organizations; and
(C) the ability of a grassroots entity to enter into
partnerships with local housing authorities, law enforcement
agencies, and other public entities.
(c) Uses of Funds.--
(1) In general.--Funds received under this section shall be
used for youth mediation, youth mentoring, life skills
training, job creation and entrepreneurship, organizational
development and training, development of long-term
intervention plans, collaboration with law enforcement,
comprehensive support services and local agency partnerships,
or other activities to further community objectives in
reducing youth crime and violence.
(2) Technical assistance.--The National Center, in
cooperation with the Attorney General, shall also provide
technical assistance for startup projects in other cities.
(3) Fiscal Controls.--The Attorney General is authorized to
establish and maintain all appropriate fiscal controls of
sub-grantees under subsection (a).
(d) Reports.--The National Center shall submit a report to
the Attorney General evaluating the effectiveness of
grassroots agencies and other public entities involved in the
demonstration project.
(e) Definitions.--
For purposes of this section--
(1) the term ``grassroots entity'' means a not-for-profit
community organization with demonstrated effectiveness in
mediating and addressing youth violence by empowering at-risk
youth to become agents of peace and community restoration;
and
(2) the term ``National Center for Neighborhood
Enterprise'' is a not-for-profit organization incorporated in
the District of Columbia.
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section--
(A) $5,000,000 for fiscal year 2000;
(B) $5,000,000 for fiscal year 2001;
(C) $5,000,000 for fiscal year 2002;
(D) $5,000,000 for fiscal year 2003; and
(E) $5,000,000 for fiscal year 2004.
(2) Reservation.--The National Center for Neighborhood
Enterprise may use not more than 20 percent of the amounts
appropriated pursuant to paragraph (1) in any fiscal year for
administrative costs, technical assistance and training,
comprehensive support services, and evaluation of
participating grassroots entities.
{time} 1545
The CHAIRMAN. Pursuant to House Resolution 209, the gentleman from
Illinois (Mr. Hyde), and a Member opposed, each will control 30
minutes.
The Chair recognizes the gentleman from Illinois (Mr. Hyde).
(Mr. HYDE asked and was given permission to revise and extend his
remarks.)
Mr. HYDE. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, it is an unfortunate fact that it often takes a tragedy
such as happened recently in Colorado to get our attention to help us
focus on a festering problem.
In the light of the recent rash of school shootings and the continued
prevalence of youth violence in America, I think it is crucial that
Congress address some of the cultural issues that influence the
behavior of America's young people, factors that may actually be
causing kids to find a gun and commit a violent act.
The fact is new gun laws and tighter control of the juvenile justice
system are not by themselves a cure for the epidemic of youth violence.
Although gun legislation has its utility, the real problem is what is
going on in our kids' minds and hearts and souls.
The young assailants in Colorado violated 15 Federal gun and
explosive laws and 7 State laws. So passing a few more laws and piling
them on does not seem to me to get at the heart of the problem.
In order to be truly responsive to the issues of youth violence,
Congress must address the cultural influences that cause young people
to become violent. We need to get at the issues of the heart.
Part of the problem is that children have been overexposed to
violence and, this, coupled with a spiritual vacuum leaves many
youngsters desensitized to violence and unable to fully appreciate the
consequences of their sometimes brutal actions.
As popular entertainment becomes more violent and more sexually
explicit and as it depicts more and more disrespect for life, and the
rights and well-being of others, some of our children are starting to
believe this behavior is normal and acceptable. They do not seem to
understand that acts of violence have real life tragic consequences.
We know as a result of several hundred studies, there is a link
between media violence and violent behavior in our country,
particularly among young people. Both the American Medical Association
and the American Association of Pediatrics have warned against exposing
children to violent entertainment. One 1996 AMA study concluded that
the link between media violence and real life violence has been proven
by science time and time again.
Another American Medical Association study concluded that exposure to
violence in entertainment increases aggressive behavior and contributes
to America's sense that they live in a mean society. Much of the make-
believe violence that kids are exposed to today is presented not as
horror with devastating human consequences but simply as entertainment.
This is enormously harmful to young people whose values and conscience
are still being developed.
Well, what can we do about this? Are we impotent? Are we paralyzed?
It is not easy, but I believe my amendment, which includes five
specific proposals addressing this cultural breakdown, is a beginning
and gets at some of the worst influences on our children.
The first and most important section of my amendment creates a new
Federal statute to protect minors from explicit sexual and explicit
violent material. The First Amendment is not absolute and does not
protect obscenity. That has been the law for 40 years. There is an
exception to the First Amendment, and it is obscenity.
Furthermore, under current law, it is constitutionally permissible to
adopt an obscenity standard which restricts the rights of minors to
obtain certain sexually-related materials that are not considered
obscene for adults. In other words, there is a double standard and it
is a tougher standard for minors than for adults, and that is the
constitutional law.
Currently, many States do this through harmful to minor statutes that
prohibit the sale of sexually explicit material to minors that would
not necessarily be considered obscene for adults. Thus, in most States
with harmful to minor statutes adults can buy certain pornographic
magazines but minors cannot.
Right now, there is no Federal law that prohibits the sale of
material that is considered too explicit for minors but not for adults.
My amendment would change that by creating a Federal law that would
prohibit the sale of certain explicit sexual and explicit violent
material to minors under the age of 17. My amendment covers violent
material because I believe if the Constitution permits us to restrict
the type of sexual material kids can purchase, then it makes sense that
we can also prohibit the distribution of material to minors that is
graphically violent and glorifies this violence to a level that is
harmful.
I believe certain extremely violent movies, video games and music can
have just as much or more of a detrimental effect on the development of
kids than some explicit sexual material that many States currently try
to protect them from.
In other words, at their worst, violence and pornography are
equivalent evils, especially where minor children are concerned.
This new obscenity for minors statute does not restrict the rights of
adults or parents to view certain sexual or violent material. It does
not prohibit anyone from producing such items and does not provide an
unworkable standard. Rather, it empowers parents to make decisions
about what type of material is appropriate for their children.
With enactment of this legislation, parents, not merchants, many of
whom are responsible, but there will always be some who without the
threat of law will pursue profit over decency and sell harmful
materials to minors, will decide whether their kids can see explicit
sexual or violent material.
Some, of course, have questioned the constitutionality of this
proposal. It is clear that this proposal is going to be challenged in
the courts should it become law. However, I submit that those who
assert that the statute is patently unconstitutional are engaging
[[Page H4402]]
in knee-jerk analysis and have not thoroughly studied the law in this
area. This statute, this amendment, was carefully drafted to comply
with the Supreme Court's precedent.
First, a detailed definition of sexual and violent material is
included to address the constitutional concern of vagueness. The
definition of sexual material was taken almost verbatim from a New York
statute that was upheld by the Supreme Court in a case known as
Ginsberg versus New York. The definition of violent material is new,
but I believe it is sufficiently precise that if someone challenges the
bill on vagueness grounds it will survive the challenge.
Secondly, the statute incorporates the standard three-prong test
validated by the Supreme Court and used to determine if the sexual or
violent material as defined by the statute does or does not qualify for
First Amendment protection. I am confident the Court will uphold this
test.
Third, someone may argue to the courts that violent material can
never be obscene. The Supreme Court has never held directly that
extremely violent material may not, for that reason only, be banned.
I submit that extreme violence, properly defined, can be obscene. If
sexual images may go sufficiently beyond community standards for candor
and offensiveness and hence be unprotected, there is no reason why the
same should not be true of violence.
I understand some people may disagree with the Court's decision to
carve out an exception to the First Amendment freedom of speech for
obscenity, but if one believes the Supreme Court is justified in
maintaining a First Amendment exception for obscenely sexual material,
then what are the policy arguments that justify this exception that do
not also apply to violent material?
There are no theories of the First Amendment that justify an
exception for sexual obscenity that can't reasonably be extended to
justify an exception for violent obscenity.
It is also important to remember that this amendment would not
declare any violent materials as obscene for adults only; only for
minors under the age of 17.
The Supreme Court has recognized there is a compelling interest in
protecting the physical and psychological well-being of minors. This
interest extends to shielding minors from the influence of literature
that is not obscene by adult standards.
Under my proposed amendment it would still be legal to produce and
distribute any explicitly violent material but some of it would not be
permitted to be sold to minors.
I think this new provision is exceedingly important. It says that we
are on the side of parents and not the purveyors of harmful material to
our children.
I realize the big money of the entertainment industry is on the other
side of my argument, but I believe the parents of America are on my
side.
This legislation is not an attack on the First Amendment, despite
what has been charged by many of my colleagues. Rather, it is simply
saying that some material is beyond the pale and should not be sold to
minors. We are not trying to ban anything or censor anyone. We are just
saying one cannot sell some of this horrible stuff to kids.
If my colleagues do not believe that parents should have more control
over their kids' access to these harmful materials, then by all means
vote against my amendment. However, if they believe we should do
something to slow the flood of toxic waste into the minds of our
children, then please do vote for my amendment.
There are four other parts to this amendment that will make a
difference in addressing the culture of violence, and I would like to
take a few moments to explain them.
I have included as a second section a provision whereby Congress,
through merely a sense of Congress resolution, asks retail
establishments that sell music to allow parents to review, in their
store, the lyrics accompanying the sound recordings they offer for
sale. This is a simple way for parents to read the lyrics accompanying
the CDs they are considering buying for their kids. It is my hope that
retailers can take this responsible step on their own and allow parents
to review in their store a copy of the lyrics.
We are not asking them to give away copies of lyrics. We are merely
asking them to give the parents a right to look at them so they can
determine for themselves whether the lyrics are appropriate for their
own children.
Many CDs contain foul language. While others contain vulgar and
graphic lyrics describing and glamourizing murder, gang violence,
suicide and sex, many lyrics are hateful, racist or misogynistic.
Although there is a voluntary labeling system within the recording
industry that calls for placement of a sticker on CDs that contain
explicit language, there is still no way prior to purchase for the
parents to review the lyrics in the store.
{time} 1600
Hopefully this section will result in establishment of a right to
review in the stores.
The third section of this amendment essentially mirrors part of an
amendment sponsored by Senator Brownback that was included in the
juvenile justice bill passed by the Senate. This section requires the
National Institutes of Health to conduct the study of the effects of
violent video games and music on child development and youth violence.
The NIH is directed to address in the study whether and to what
extent video games and music affect the emotional and psychological
development of juveniles and whether violence and video games and music
contributes to juvenile delinquency and youth violence.
While numerous studies, one counts it at over 300, have been
conducted regarding the impact of violence in television and movies,
there have been very few studies done on the impact of music and video
games on young people.
The popularity of video games is rapidly increasing. One study,
conducted by Strategy Records Research, found that 64 percent of young
people play video games on a regular basis, and many are nothing more
than a contest to see which competitor can kill the most efficiently.
The graphics are startling. Some advertisements for these games make
pitches like ``Psychiatrists say it is important to feel something when
you kill.'' This game is ``more fun than shooting your neighbor's
cat.'' ``Kill your friends guilt free.''
Determining what impact video games like this might have on the
decisions and behavior of young people is clearly in the public
interest. By some estimates, the average teen listens to music around 4
hours a day. Between 7th and 12th grade, the average teen is going to
listen to around 10,000 hours of music. That is more time than they
will spend in school.
Last month, Bill Bennett commented on the possible effects of music
lyrics on child development by first quoting Socrates who wrote,
``Musical training is a more potent instrument than any other, because
rhythm and harmony find their way into the inward places of the soul,
on which they mightily fasten, imparting grace.''
Mr. Bennett then stated that rhythm and harmony are still fastening
themselves on to children's souls today. However, much of the music
they listen to is imparting mournfulness, darkness, despair, and a
sense of death. This is something many parents fear, and we ought to
study if some modern music does indeed impart a sense of death upon
America's youth.
The fourth section of this amendment is very similar to a Senate
amendment providing a limited antitrust exemption to the entertainment
industry to enable the entertainment industry to work collectively to
develop and implement voluntary programming guidelines that alleviate
the negative impact of television programming, movies, Internet
content, and music lyrics on the development of children.
Nothing in this amendment curtails freedom of expression in any way.
It gives, rather, the entertainment industry the freedom to enter into
a voluntary code of conduct.
The fifth section of the amendment, promoting grassroots solutions to
youth violence, authorizes the Attorney General to award $5 million
annually for 5 years to the National Center for Neighborhood Enterprise
for the
[[Page H4403]]
purpose of funding direct demonstration operations and program
development grants to community organizations in nine cities across the
country.
During the 105th Congress, the Committee on the Judiciary held a
hearing on a number of inner city programs that have succeeded in
reducing youth crime and violence. One of the programs showcased was
the National Center for Neighborhood Enterprise, based in Washington,
D.C. Since 1981, this organization has successfully dealt with gang
violence, teen pregnancy, drug abuse, and fatherless children.
One of the most remarkable successes occurred in 1997, not far from
the Capitol, where this organization helped broker a truce between
warring gangs that had turned the Benning Terrace neighborhood into a
combat zone. That truce has lasted to this day, and Benning Terrace has
been transformed into a neighborhood where people can again walk their
streets in safety.
The Benning Terrace truce showcased what has made the National Center
for Neighborhood Enterprise approach to inner city violence so
successful. Faced with an intractable problem, they stepped in, tapped
local groups that understood the problem, and helped rival gang members
recognize their mutual interests. This provision is an attempt to
replicate this approach in nine violence-plagued cities across the
Nation.
If Congress is going to spend funds on social programs, it is
important for us to try to direct Federal funds to community renewal
organizations in our cities that actually have succeeded in reducing
violence and putting kids on the right track. The National Center does
this, as evidenced by their transformation of the Benning Terrace
housing project, and helped prevent countless young persons from
engaging in the life-style of violence.
I know Congress does not have all the answers to the terrible problem
of youth violence in America. Some of these proposals I have discussed
are modest. But we ought to do what we can. Study after study has shown
that exposure to violence adversely affects the development of children
and leaves some of them more disposed to commit acts of violence.
Even the most caring and responsible parents cannot prevent these
influences from reaching their kids. Parents need our help. Let us
stand with them. Nothing we do in this life is more important than how
we raise our children.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. Does the gentleman from Michigan (Mr. Conyers) claim
the time in opposition?
Mr. CONYERS. Yes, I do, Mr. Chairman.
The CHAIRMAN. The Chair recognizes the gentleman from Michigan (Mr.
Conyers) for 30 minutes.
Mr. CONYERS. Mr. Chairman, I yield myself 2 minutes.
(Mr. CONYERS asked and was given permission to revise and extend his
remarks.)
Mr. CONYERS. Mr. Chairman, this is an amendment that I speak to with
some disappointment that the chairman of the Committee on the Judiciary
would launch an unparalleled assault on the first amendment without
committee deliberation.
Now, we are all concerned about the impact of depictions of violence
on children, but to try to approach a very difficult cultural problem
in this way is, I think, to ignore at least two Federal court
decisions, Reno versus ACLU, and yet another, the Video Software
Dealers Association versus Webster, cases that clearly make it
abundantly plain that creating a vast new Federal cultural police that
overlaps with State law enforcement creates, honestly, a logistical
nightmare for the Justice Department, which would have to apply local
community standards in determining whether the material is sexual or
violence.
Also, since the statute does not have a specific intent requirement,
the only alternative available for video and drug store clerks who are
the poor mensches that will be prosecuted under this and would want to
avoid prison, is to watch every movie, read every book to determine
their content and then determine whether the community standards would
prohibit the sale of these movies or books to minors.
So just briefly, and I have a letter of explanation, the amendment is
patently unconstitutional. I would remind my colleagues that, in our
substitute, we have both the antitrust exemption and the industry
guidelines that would start us on a more normal course of action.
Please reject the amendment.
The letter of explanation I referred to is as follows:
House of Representatives,
Committee on the Judiciary,
Washington, DC, June 16, 1999.
Vote No on Hyde's Federal Censorship Amendment
amendment is unconstitutional, unworkable, and unnecessary
Dear Colleague: Today, Rep. Hyde will offer an amendment
(Amendment 31) providing for a sweeping new Federal
censorship regime that generally prohibits the dissemination
of ``explicit sexual material'' or ``explicit violent
material.'' This is a transparent attempt to turn the focus
of the debate away from common-sense gun-safety legislation
and instead scapegoat our nation's newspaper, magazine, book,
television, movie, and video industries, and I urge a NO
vote.
the hyde amendment is unconstitutional
The Hyde amendment violates the First Amendment because it
is both vague and overbroad. Recently the Eighth Circuit
struck down a similar state obscenity statute on vagueness
grounds, observing that ``to survive a vagueness challenge, a
statute must `give the person of ordinary intelligence a
reasonable opportunity to know what is prohibited' and
`provide explicit standards for those who apply [the
statute]' '' Video Software Dealers Ass'n v. Webster, 968
F.2d 684, 689 (8th Cir. 1992). The Hyde amendment is
unconstitutionally vague because among other things, it does
not define the terms used to reference violence, namely,
``torture,'' ``flagellation,'' or ``mutilation.'' Failing to
define ``multilation'' means that even pricking someone with
a pin might fall within meaning of the term.
The Supreme court has held that restrictions on speech will
be held unconstitutional also where they are overbroad. The
Hyde amendment is overbroad in several respects. For example,
it goes so far as to prohibit newspapers and magazines from
accepting such basic advertisements as those for underwear.
The amendment would also preclude minors from seeing a movie
such as Home Alone, which contains slapstick violence and
appeals to the ``morbid'' interest in minors who want to see
people get hurt. Further, because there is no exception in
the amendment for parents, the amendment would also subject a
parent to prison for up to five years for showing his or her
child a movie or book with supposedly--sexually-explicit or
violent content. The Majority's track record on these issues
are not very good--it was only two years ago that their
statutory restriction on Internet access to materials with
sexual content in the form of the Communications Decency Act
was struck down by the Supreme Court by a vote of 9-0 as
being overbroad. Reno v. ACLU, 117 S. Ct. 2329 (1997).
the hyde amendment is unworkable
Creating a vast new Federal ``cultural police'' that
overlaps with state law enforcement creates a logistical
nightmare for the Justice Department, which would have to
apply local ``community standards'' in determining whether
the material is sexual or violent. Also, since the statute
does not have a specific intent requirement, the only
alternative available for video and drug store clerks who
want to avoid prison is to watch every movie or read every
book to determine their content and then determine whether
the ``community standards'' would prohibit the sale of those
movies or books to minors.
The creation of a Federal censorship statute threatens to
cultivate a generation bereft of literary enrichment and
enlightenment. As a matter of fact, there are numerous
materials that were at one time considered to have too much
sexual or violent content but now are regarded as classic
pieces of literature. For example, works that were considered
too sexually-explicit include Nathaniel Hawthorne's ``The
Scarlet Letter'' in the 1850's by Reverend Arthur C. Coxe (a
judge noted that, while the book was criticized when it came
out, it was fully accepted in 1949); and J.D. Salinger's
``The Catcher in the Rye'' by school boards in Pennsylvania
(1975), New Jersey (1977), Washington (1978), and Iowa
(1992). Ernest Hemingway's ``The Sun Also Rises'' was
considered ``offensive'' by the school boards of San Jose and
Riverside, California (1960's), and by the Watch and Ward
Society of Boston (1927); and William Golding's ``Lord of the
Flies'' was found to be excessively violent by critics in
Texas (1974), South Dakota and North Carolina (1981) and
Arizona (1983).
the hyde amendment is unnecessary
Perhaps the most hypocritical aspect of the Amendment is
its internal inconsistency. Other provisions of the proposal
would institute an NIH study of the impact of violence on
children and grant members of the entertainment industry an
antitrust exemption so they could voluntarily agree on
appropriate community standards. Yet the censorship proposal
would take effect before the study is completed.
Moreover, there are already several guidelines, methods,
and studies addressing violence in entertainment. For
example, the
[[Page H4404]]
Motion Picture Association of America already rates each
movie for content and exhibits the rating every time a movie
is advertised. The National Association of Theatre Owners has
just initiated a new national ID-check policy for admission
to ``R''-rated films. And the video game industry puts on its
products the ratings that the Entertainment Software Rating
Board devises for games so that purchasers of such games can
be aware of their content. Some networks have agreed not to
air commercials for R-rated movies with violent content
before 9 PM. And just recently, the Clinton administration
and Democratic Members of Congress successfully pushed for
mandating the V-chip on television sets, thereby letting
parents block out television programs and movies having
certain ratings.
All of these provisions will be redundant and unnecessary
if we put the cart before the horse and mandate Federal
obscenity and violence standards before we give these
approaches an opportunity to work. I urge you to vote ``no''
on the Hyde cultural amendment.
Sincerely,
John Conyers, Jr.,
Ranking Member.
Mr. CONYERS. Mr. Chairman, I yield 2 minutes to the gentleman from
Florida (Mr. Foley), chair of the Entertainment Caucus.
Mr. FOLEY. Mr. Chairman, I rise in opposition to the Hyde amendment.
I understand the concern of the gentleman from Illinois (Mr. Hyde) for
what is happening in America. We have had tragic incidents around our
country. But like others, we are looking to seek and put the blame on
groups rather than reflect on the problems that face society.
Everybody is fingerpointing in our communities, trying to find a
scapegoat for the problems in our communities. This solution grows the
government ever larger. It will create a police force of what is
decent, what is violent, what is excessive.
Who would be the arbiter of those type of standards? Who would set
the guidelines? Who will be the first to be prosecuted under this vague
law?
The store clerk could be subject to 5 years in prison and a fine for
the first offense, 10 years in prison or a fine for the second offense.
Is that a movie like ``Home Alone''? Is that a movie like ``Ben
Hur''? Is that a movie like ``Private Ryan''?
Now, I have had discussions with the chairman who suggests those
would not be covered under this law, but the chairman will not always
be chairman of the Committee on the Judiciary, and the people at the
Department of Justice will not always be the ones that we will know
what is in their minds, what is in their thoughts, and what is in their
hearts.
I do not want the government taking the role of parents. I do not
want the government stepping in, telling parents we are going to take
care of their problems for them.
Mr. Chairman, how do people under 17 who do not drive cars get to the
malls to buy the videos? How do they get the games in their homes? How
do they watch the TVs? They are allowed to by their parents. This
should not be about the government stepping in, saying we are now their
parent, we are Mr. Mom or Mr. Dad.
We are here today debating an amendment that I do believe tramples on
the first amendment, that I do believe tries to assume the role of
parents in communities. I would regrettably say that while the chairman
is well intentioned and is troubled by violence, this will not solve
it.
What happens if the videos in the home of a consenting adult person
are loaned to the neighbor and the neighbor's children? Now it says
``sale''. It says ``sale''. But it also shows, I believe, in the
amendment ``viewing.''
So these amendments cause me great concern, and I would hope the
committee and the Members will vote against the amendment.
Mr. CONYERS. Mr. Chairman, I am pleased to yield 2 minutes to the
gentleman from California (Mr. Berman), the ranking member of the
Subcommittee on Courts and Intellectual Property.
Mr. BERMAN. Mr. Chairman, I thank the gentleman from Michigan (Mr.
Conyers), the ranking member of the Committee on Judiciary for yielding
me this time. My colleagues do not have to be intellectual to be on
that subcommittee.
Three points I would like to make in a very short time. This is very
uncharacteristic of the gentleman from Illinois (Mr. Hyde), chairman of
the committee. He asserts as a matter of belief, but without any case
evidence to support it, that he can graft in what I view as a somewhat
clumsy and inartful way, the obscenity logic onto the depiction of
violence.
This has been tried before; and every single time it has been tried,
the courts have knocked it down. They said, the Nassau County Board of
Supervisors, this is in the second circuit, Eclipse Entertainment
versus Gluota, the Nassau County Board of Supervisors simply adapted
the Miller obscenity standard to minors into violence. However, this
was not a sufficient measure to shield the law from successful
constitutional challenge, because the standards that apply to obscenity
are different than those that apply to violence. Obscenity is not
protected speech. This is, case after case. Time does not give me the
time to make this argument.
Secondly, Ginsberg, yes, Ginsberg allowed a differentiated standard
on obsenity to minors. This seeks to track that by doing a different
standard on the depiction of violence to minors. But in Ginsberg, there
was an exception from any criminal prosecution where there was parental
participation or consent.
This measure has absolutely no such exception. The parent can be in
the video store, in the theater, with the minor, and be quite willing
to have the child, the minor see this. The vendor who sells it,
ironically, we do not go after the studio, the author, the distributor,
we go after the vendor, the poor guy at the video store, at
Blockbusters.
There is no exception whatsoever here for parental consent, and there
is no standard that is contained in Ginsberg for utterly without social
redeeming value.
{time} 1615
Mr. CONYERS. Mr. Chairman, I yield 2 minutes to the gentlewoman from
California (Mrs. Tauscher).
Mrs. TAUSCHER. Mr. Chairman, I rise today as a parent and a
legislator to oppose the Hyde amendment.
While the Hyde amendment intends to establish a standard to regulate
children's exposure to violence, I believe this legislation will
neither protect children nor help parents shield their children from
harm. This amendment's overly broad attempts to regulate portrayals of
violence raises serious constitutional questions that may result in
this law being tied up in the courts for years. While the court battles
are waged, not one child will be protected nor one parent's peace of
mind enhanced.
We need to truly empower parents with common sense protective
measures, such as the V-chip, establish TV ratings, strict enforcement
of age requirements at movie theaters, and software filters for the
Internet. We all agree our children should be shielded from violence
and that parents should have the tools to protect their children. I
would rather the industry spend the time in developing these tools than
fighting protracted legal battles.
I urge my colleagues to oppose the Hyde amendment and to support
common sense and effective measures that will truly protect our
children.
Mr. CONYERS. Mr. Chairman, I yield 2 minutes to the gentleman from
California (Mr. Rogan), a member of the Committee on the Judiciary.
Mr. ROGAN. Mr. Chairman, I thank the gentleman for yielding me this
time.
Mr. Chairman, it is with great reluctance that I rise in opposition
to the amendment by the distinguished chairman of the Committee on the
Judiciary, the gentleman from Illinois (Mr. Hyde).
I start with the proposition, Mr. Chairman, that it is my
responsibility as a parent to make sure that my children are watching
age-appropriate material. And if they are watching something that is
inappropriate, the responsibility rests with me to correct the
deficiency. It is not the responsibility of Congress or Hollywood or
any other group to correct that deficiency.
I do not believe the author of this amendment intends to censor
movies depicting violence engaged in for a noble, heroic or socially
worthy purpose. The problem, Mr. Chairman, is that the severe punitive
measures put in this amendment put creators and distributors in a vise.
They essentially have to ``gamble'' before they release
[[Page H4405]]
material and make a guess whether it fits some vague literary,
artistic, political or socially redeeming value test. And should they
gamble incorrectly, they could spend 5 years in Federal prison.
There is also something disproportionate about language in a bill
that allows a negligent parent who lets their children watch horribly
violent material have no acknowledged culpability, but the person who
fails to pay attention one day and does not check for I.D. at the local
video store could do up to 5 years in prison.
I do not think that is an appropriate response from Congress. I do
not think it will solve any of the troubles or the pathologies we are
attempting to address. It is with that reluctance, Mr. Chairman, that I
rise in opposition to the amendment.
Mr. HYDE. Mr. Chairman, could the Chair tell us how much time is
remaining?
The CHAIRMAN. The gentleman from Illinois (Mr. Hyde) has 11 minutes
remaining; and the gentleman from Michigan (Mr. Conyers) has 21\1/2\
minutes remaining.
Mr. CONYERS. Mr. Chairman, I yield 2 minutes to the gentleman from
Texas (Mr. Frost), the distinguished ranking member of the Committee on
Rules.
Mr. FROST. Mr. Chairman, just last week, on June 10, the U.S. Supreme
Court, in the City of Chicago vs. Morales, struck down a city ordinance
that was intended to stop gang members from loitering. In so doing, the
court held the ordinance was overbroad and vague. It failed to give
proper notice of what was forbidden and what was permitted.
The language of this bill commits the same fatal error. It fails to
explain what is covered in its terms and, in so doing, sweeps up
educational and entertaining material that is irrelevant to the
sponsor's concerns.
This Hyde amendment stems from a laudable purpose and high hopes. We
must stop the prevalence of juvenile violence just as we must stop
destruction by gang members. Yet the Constitution tells us we cannot do
this by curtailing expression under the First Amendment.
Courts have consistently found definitions for violence to be vague.
For instance, in this bill we address ``sadistic or masochistic
flagellation.'' Would a film about slavery have to cut scenes of slaves
being whipped, creating the appearance that there were no violent acts
done towards slaves? Producers most certainly delete these scenes
simply to play it safe. Are children to be led to believe that slavery
was not cruel? We cannot teach our children about societal issues if we
are not allowed to give them a depiction of it. Ignorance is not the
answer.
The bill also defines violent material as torture by or upon a
person. Again, this vague and overbroad definition steps into a black
hole. Every kid likes watching the super hero catch his villain. Look
at Spiderman, Wonder Woman and Batman and Robin. Are these the
characters the sponsors are really afraid of?
Much of our comedy also includes actions of ``torture'' that few
would find any connection with violence. Look at Jim Carey, one of the
most popular actors of today. Many of his films contain experiences
that most humans would rarely survive. How about other movies, such as
Home Alone, in which the child left a home, tarred the robbers, put
nails out for them to fall on, and did a variety of other torture
activities. Parents and children alike, however, flocked to this film.
This amendment must be rejected. It is unconstitutional on its face,
no matter how laudable an objective it seeks to achieve.
Mr. BERMAN. Mr. Chairman, I yield such time as he may consume to the
gentleman from New Jersey (Mr. Pallone).
(Mr. PALLONE asked and was given permission to revise and extend his
remarks.)
I rise today in strong opposition to the Hyde amendment. It has been
almost a month since Littleton and the Republican House has once again
fumbled an issue important to the health and safety of America. They
bring a bill to the floor today which has had no scrutiny from the
Judiciary Committee, much less the whole House and will move amendments
which will move us from a debate on gun control in order to engage in a
book burning!
The House Republican Leadership has been doing the bidding of the gun
lobby since the shots were fired in Littleton. The other body had no
problem in engaging this topic head-on and voting on serious
legislation. In fact, most Americans are dead serious about keeping
their children safe. But not here, my colleagues. Here in the
Republican House, they are concerned with the gun lobby. The gun lobby
needs time to stall; the Republican Leadership gives them time to
stall. The gun lobby needs a little misdirection and scapegoating, no
problem. The Republican Leadership is happy to accommodate.
Today, the gentleman from Illinois will move an amendment that is a
new twist on the NRA mantra, ``guns don't kill people . . . George
Orwell does. Guns don't kill people . . . Steven Speilberg does.''
``Guns don't kill people . . . Verdi and Puccini do.'' As a parent, I
am just as concerned about exposing my children to media violence, but
tearing up the Constitution is not the way to do it. I share Chairman
Hyde's motives to protect children but let's have a serious discussion
on the safety of our children and not a replay of Fahrenheit 451 which,
by the way, would be banned under this amendment.
In the end, my colleagues, this House will produce a messy bill,
which will have great difficulty clearing the Senate or the President's
signature. And this is exactly what the gun lobby and the Republican
House wants. Meanwhile, more children will suffer.
I urge my colleagues to reject the Hyde amendment.
Mr. BERMAN. Mr. Chairman, I yield 2 minutes to the gentleman from
California (Mr. Waxman).
(Mr. WAXMAN asked and was given permission to revise and extend his
remarks.)
Mr. WAXMAN. Mr. Chairman, it is amazing to me how the Republican
leadership seeks to deal with difficult and important issues. Their
solution to the campaign finance mess is not to debate reform and limit
special interest contributions, but to stonewall action and advocate
lifting all spending limits.
How do they deal with the problem of cigarette smoking, where we know
3,000 kids start smoking each day because the tobacco industry targets
them in order to get them to smoke? They refuse to bring up any
legislation on the subject.
Their solution to the horror of children killing children with guns
is not to make it harder for kids to get weapons, but to try to shift
the cause of the problem to movies and propose unconstitutional attacks
on the First Amendment.
Mr. Chairman, I want to say at the outset that it ought to be clear
that movie makers, and many of them are my constituents, have an
obligation to think through the consequences of what they offer their
audiences, especially impressionable kids. They bear a serious
responsibility for their action. But it is important for us to also
keep in mind that these films are creative works that audiences line up
here and around the world to see, and that is why they are America's
largest export.
And other countries see these very same films, but we do not see the
level of violence that we do see in America. It is startling to realize
that the death rate in the U.S. involving guns was nearly 14 per
100,000 people. Yet when we compare that with Canada, it is four; or
Australia, three; Sweden, two; Germany, 1.5; and in Japan, less than 1.
Why such a disparity between our country and all these countries that
watch our films? Violent films and TV programming are notoriously
popular in Japan, yet the Japanese thrive in a society with a very low
crime rate.
The obvious answer is the availability of guns and lack of common
sense control laws in our country. And it is exactly that which the
Republican leadership has contrived to have us not be able to deal with
because of the NRA, the tobacco, and other lobbyists that are so
supportive of their political efforts.
Mr. BERMAN. Mr. Chairman, could we be advised of the time allotted to
both sides?
The CHAIRMAN. The gentleman from Illinois (Mr. Hyde) continues to
have 11 minutes remaining; and the gentleman from California (Mr.
Berman) has 17\1/2\ minutes remaining.
Mr. BERMAN. Mr. Chairman, I yield 1 minute to the gentleman from
Arkansas (Mr. Hutchinson).
Mr. HUTCHINSON. Mr. Chairman, I want to express my appreciation to
the gentleman from Illinois for his diligent work on a very important
issue. I am concerned about the second amendment, but I am also
concerned about the first amendment.
[[Page H4406]]
If we look at this amendment, it criminalizes the selling or loaning
or showing to a minor a book or printed matter that includes explicit
violent material, which is defined, in part, by torture by or upon a
person, among other things. We have to apply clearly the community
standards in applying this definition, which I believe is vague, but
this is the type of government chilling effect that is harmful to
freedom in our society.
For that reason, I reluctantly oppose this amendment. I do hope that
we can have hearings to move forward in this area in a manner that does
not violate and do damage to our first amendment.
The book sellers have raised questions about books that it could
jeopardize, and they realize there is a harmfulness test. But as
pointed out, book sellers would not jeopardize them going to jail in
order to make a decision about these books. So there will be a chilling
effect, and I think there is certainly a problem that the courts would
address.
Mr. BERMAN. Mr. Chairman, I yield myself 15 seconds.
The gentleman from Arkansas makes a very good point. Ironically, when
we look at the definition of ``depiction of violence,'' the one thing
it does not include is murder, mass murder, or bombing. None of those
are included. It all gets into sort of bizarre and weird acts of
mutilation and flagellation, but nothing about spraying a hundred
people with assault weapons.
Mr. Chairman, I yield 2 minutes to the gentlewoman from Missouri (Ms.
McCarthy).
(Ms. McCARTHY of Missouri asked and was given permission to revise
and extend her remarks.)
Ms. McCARTHY of Missouri. Mr. Chairman, I thank the gentleman for
yielding me this time.
The gentleman from Illinois attempts solutions to youth violence
which threaten to undermine our basic freedoms. The amendment calls for
yet another study of the effects of music on child development. The
Smart Symphonies Program, initiated by the National Academy of
Recording Arts and Sciences, provides classical music to infants in
response to what we already know, that early exposure to classical
music increases a child's ability to learn to read, and to be
proficient in math and science.
We need not more studies but a national initiative to replicate and
expand upon successful programs which further enhance academic
excellence and reduce youth violence. We must encourage and allow
parents to take an active role in teaching their children right from
wrong and allow parents to make the decisions about what children read,
listen to and watch.
The Federal Government should support funding for solutions that
work, such as arts programs in our schools. The Federal Government
should not infringe on individual liberties.
I intend to vote ``no'' on this amendment, and I urge my colleagues
to do the same.
As we attempt to reach consensus on how to protect our children, can
we rise above partisan rhetoric and focus on the means to reduce youth
violence in our country? The gentleman from Illinois attempts solutions
which threaten to undermine our basic freedoms.
The Chairman of the House Republican Entertainment Industry Task
Force has highlighted the dangerous implications of this amendment
which would ``dramatically increase the power of the federal government
in far too many areas'' (from Mr. Foley's press release, June 15,
1999). The amendment's definition of violence would affect not only
many comic books, video games, and movies, but it would also in fact,
keep the Holy Bible out of the hands of children, as the Bible itself
includes many narrative accounts of sadistic or masochistic acts,
torture by or upon a person, and acts of mutilation of the human body,
including, of course, the crucifixion of Jesus Christ. Stifling our
expression and cultural experience is not a solution but an equation
for isolation and violence.
The amendment calls for a study of the effects of music on child
development. Current research indicates that children who are exposed
to the arts perform 30% better academically. Another study on high risk
elementary students showed that children who participated in an arts
program for one year gained 8 percentile points on standardized
language arts tests. The Smart Symphonies program initiated by the
National Academy of Recording Arts and Sciences (NARAS) provides free
CD's of classical music for infants in response to findings that show,
among other things, that early exposure to classical music increases a
child's ability to learn math and science. We need a national
initiative to replicate and expand upon successful programs which
further enhance academic excellence and reduce youth violence.
We must encourage and allow parents to take an active role in
teaching their children right from wrong, and allow parents to make the
decisions about what their children read, listen to, and watch. The
federal government should support funding of solutions that work, such
as arts programs in our schools. The federal government should not
infringe on individual liberties. Therefore, I find it necessary to
vote ``no'' on Mr. Hyde's amendment, and I urge my colleagues to do the
same.
Mr. Chairman, I submit for the Record documents highlighting the
Smart Symphonies program I referred to earlier and other materials
important to this issue:
Babies To Benefit From ``Smart Symphonies''
The NARAS Foundation, the non-profit music education and
preservation arm of the National Academy of Recording Arts &
Sciences, and Mead Johnson Nutritionals, maker of Enfamil
infant formula, announced today the launch of Smart
Symphonies, a national program designed to raise awareness of
the benefits of exposing infants to classical music.
The cornerstone of the program is a new, specially created
compact disc entitled Smart Symphonies, which features
Grammy-winning classical music. Scientists and early
childhood development experts say that recent studies
indicate playing classical music can help stimulate brain
development in babies. Beginning in early May, the CDs will
be included in more than one million Enfamil Diaper Bags
given to new mothers as they leave the hospital.
The Enfamil brand is contributing $3 million over the next
three years to help establish the Smart Symphonies
initiative. The contribution will be used to further research
the effect of classical music on brain development in early
childhood, and to assist in bringing classical music to more
families. This year, more than one million Smart Symphonies
CDs will reach parents and newborns throughout the country.
``There are few things more important than giving our
children every scientific and cultural advantage possible.
The Recording Academy has dedicated itself to aggressively
supporting research into the educational and developmental
benefits of music and helping to put those findings to
practical use,'' said Recording Academy President/CEO Michael
Greene. ``Partnering with Enfamil in the Smart Symphonies
project is just another example of how the Academy and NARAS
Foundation use the power of science and music to give the
youngest members of our community a head start.''
Research indicates that babies unconsciously respond to the
qualities of classical music--rhythm, melody and harmony. The
relationships among these qualities make it easier for
infants to understand other kinds of relationships later on--
relationships of time, space and sequence--skills that
children need to be proficient in science, math and problem
solving. Findings also suggest that good pitch discrimination
is associated with children learning to read by enhancing the
phonemic stage of learning.\1\
---------------------------------------------------------------------------
\1\ Lamb, SJ and Gregory AH. The relationship between music
and reading in beginning readers. Educational Psychology.
1993; 13:19-26.
---------------------------------------------------------------------------
``The first year of life is a critical time for development
of both a baby's mind and body,'' said Mead Johnson, Vice
President of Pediatric Nutritionals, Michael P. Russomano.
``For nearly 100 years, Enfamil has been dedicated to
children's healthy growth and development. Through research
we continue to strive to provide babies with the best
nutrition possible. Now through the Smart Symphonies
initiative, we hope to contribute further to babies' brain
development.''
The NARAS Foundation and Enfamil consulted numerous experts
in music and early childhood development to choose several
well-known classical selections for the Smart Symphonies CD.
The disc features 16 classical favorites including
Beethoven's Symphony No. 8 in F major, Op. 93 (2nd movement),
Bach's Prelude in D minor and Mozart's Concerto for 2 Pianos
& Orch, K 365 (3rd movement).
``Music enriches our lives and it often touches us
emotionally; moreover, music can help our children to think,
reason and be creative,'' said John W. Flohr, professor of
music at Texas Woman's University, Denton TX. ``Research
indicates brain activity is also affected by the style of
music.2,}3 Many researchers believe classical may
be particularly effective.''
---------------------------------------------------------------------------
\2\ Flohr JW and Miller DC. ``What's going on in there? Music
and brain research with young children.'' Connections.
Austin: Music Educators National Conference, Texas Music
Educators Conference. 1998; 12(3):10-13.
\3\ Fagen J, Prigot J, Carroll, M, Pioli L, Stein A, and
Franco A. Music aids memory retrieval in infants. Child
Development. 1997; 68(6):1057-1066.
---------------------------------------------------------------------------
The NARAS Foundation is a non-profit organization dedicated
to helping restore music education to all schools across
America and works to ensure access to the nation's rich music
history. In partnership with the National Academy of
Recording Arts & Sciences and its chapters throughout the
country, the NARAS Foundation engages in a variety of
cultural, professional and educational activities designed to
enhance
[[Page H4407]]
music education and preserve recorded musical legacy.
Mead Johnson Nutritionals is a world leader in nutrition,
recognized for developing and marketing quality products that
meet the nutritional and lifestyle needs of children and
adults of all ages. Mead Johnson Nutritionals is a Bristol-
Myers Squibb Company. Bristol-Myers Squibb is a diversified
worldwide health and personal care company whose principal
businesses are pharmaceuticals, consumer products, beauty
care, nutritionals and medical devices.
____
Foley Highlights Dangerous Implications of Government Restrictions
Included in ``Cultural'' Bill
Many mainstream films, CDS, video games, books and other
materials would be banned for teenagers under legislation
about to be considered by the House of Representatives. The
Chairman of the Republican Entertainment Industry Task Force,
Rep. Mark Foley (R-FL), held a news conference to highlight
the dangerous implications various cultural provisions could
have on our society.
Foley said the legislation would do little to combat youth
violence. ``Most of the provisions in this bill are desperate
attempts to make Congress look like it is doing something, no
matter how unworkable, to respond to the tragedy in
Littleton,'' Foley said. ``In fact, the legislation--while
well-intended--is little more than a hodge-podge of phony
solutions which won't stop violent activity among America's
young people.''
``To suggest that the federal government has a role in
manipulating what kind of music kids listen to, what kind of
video games they play or what kind of books or magazines they
read is unrealistic,'' Foley said. ``Furthermore, the
government has no business trying to supplant the role of
parents in raising their children.''
Foley pointed out that virtually all of the provisions in
the legislation are either unworkable, unconstitutional or
simply unnecessary. In many instances, the bill is so broadly
drafted it could make it illegal for minors to view or listen
to a vast range of films, music, and reading material which
few would find inappropriate for teenagers.
``This bill would allow federal authorities to prosecute
retail outlets, libraries or video rental stores to lend,
sell or rent a teenager great films like Ben Hur, Lawrence of
Arabia, and The Color Purple,'' Foley said. ``More recent
films like Rocky, Indiana Jones & the Temple of Doom, and
Schindler's List would be illegal for minors to view.''
``I find it stunning that some in this Congress would have
the federal government make criminals out of those who would
allow teenagers to read certain books, listen to certain
music or view a broad range of films,'' Foley said. ``It is
very likely that the government would be given broad new
powers to prosecute a bookstore owner for selling any number
of books, the manager of a discount store for selling certain
video games or compact discs, or a museum for displaying
certain works of art.''
``As a Republican, I thought our party was committed to
lessening government interference in the affairs of commerce
and our personal lives. Instead, this reckless proposal would
dramatically increase the power of the federal government in
far too many areas.''
The task force was originally formed by the late Rep. Sonny
Bono (R-CA) to forge closer ties between Republicans and the
motion picture, music and other entertainment-oriented
industries.
How many of These Works Could Be Included in a Government-Imposed Ban
on Violent or Sexually Suggestive Materials?
1. George Orwell's ``1984'' (depicts torture).
2. ``The Accused'' with Jodie Foster (depicts rape).
3. ``The Autobiography of Miss Jane Pittman'' with Cicely
Tyson (depicts sadism)--and, indeed, any work about slavery.
4. ``The Bible'' (depicts mutilation, including the
crucifixion itself, as well as rape, torture and sadism).
5. Toni Morrison's ``Beloved'' (depicts sadism, mutilation
and rape).
6. Toni Morrison's ``The Bluest Eve'' (depicts rape).
7. Edgar Allan Poe's ``The Cask of Amontillado'' (depicts
torture).
8. Stanley Kubrick's ``A Clockwork Orange'' (depicts rape
and sadism).
9. Alice Walker's ``The Color Purple'' (depicts rape).
10. Dostoevsky's ``Crime and Punishment'' (depicts
sadism)--and indeed, any work about violent crime.
11. ``Death and the Maiden'' (depicts torture)--and, indeed
any work about torture as human rights violation.
12. Donizetti's ``Lucia de Lamamoor'' (depicts mutilation)
Lucia kills her fiance, appears onstage in a bloody dress,
usually with a dagger and kills herself.
13. Waris Dirie's recent account of female genital
mutilation.
14. Anthony Mingholla's ``The English Patient'' (depicts
torture).
15. ``Ghandi'' (depicts beatings)--and indeed, any work
about nonviolent resistance to violence.
16. ``Gone With The Wind'' (depicts rape).
17. ``Hansel and Gretel'' (depicts sadism).
18. Thomas Pynchon's ``Gravity Rainbow'' (depicts
sadomasochism).
19. Homer's ``Iliad'' and ``Odyssey'' (depicts sadism).
20. Dante's ``Inferno'' (depicts torture).
21. ``The Killing Fields'' (depicts torture)--and indeed,
any work about war.
22. Shakespeare's ``King Lear'' (depicts mutilation).
23. Stephen King's best-selling works (depicts torture and
mutilation).
24. Yeat's ``Leda and the Swan'' (depicts rape).
25. ``Life is Beautiful'' (depicts sadism)--and indeed any
work about the Holocaust.
26. ``Little Red Riding Hood'' (depicts sadism).
27. ``Marathon Man'' with Dustin Hoffman (depicts torture
and sadism).
28. Ovid's ``Metamorphoses'' (depicts rape).
29. Unberto Eco's ``The Name of the Rose'' (depicts self-
flagellation).
30. ``Oedipus Rex'' (depicts self mutilation).
31. ``Ordinary People'' (depicts self-mutilation).
32. ``The Old Woman Who Lived in a Shoe'' (depicts
flagellation).
33. Kafka's ``The Penal Colony'' (depicts torture).
34. Edgar Allan Poe's ``The Pit and the Pendulum'' (depicts
torture).
35. Tina Turner's ``Rock Me, Baby'' (depicts sexual
material).
36. Anne Rice's best-selling works (depicts sadomasochism).
37. ``Roots'' (depicts torture and sadism).
38. ``Saving Private Ryan'' (depicts sadism).
39. Nathaniel Hawthorne's ``The Scarlet Letter'' (depicts
self-flagellation).
40. ``Schindler's List'' (depicts torture and sadism).
41. Verdi's ``Ostello'' (depicts mutilation) Ostello
strangles his own wife with his bare hands.
42. Tennessee Williams ``Streetcar Named Desire'' (depicts
rape).
43. Billie Holiday's ``Strange Fruit'' (depicts lynching).
44. Terence Malick's ``The Thin Red Line'' (depicts
sadism).
45. Clint Eastwood's ``Unforgiven'' (depicts rape).
46. Frank Sinatra and Kurt Weil's ``Mack the Knife''
(depicts acts of mutilation).
47. Linda Ronstadt's ``Tumbling Dice'' (depicts rape).
49. E.L. Doctorow's ``Ragtime'' (depicts multilation)--
character is beaten to death onstage.
50. Puccini's ``Tosca'' (depicts torture and mutilation)--
the main character, Cavaradossi, is tortured by Scarpia.
Tosca also kills Scarpia by stabbing and commits suicide.
Mr. HYDE. Mr. Chairman, I yield 2 minutes to the gentleman from
California (Mr. Hunter).
Mr. HUNTER. Mr. Chairman, I thank the gentleman from Illinois for
yielding me this time, and I want to salute him as one of the giants in
this body and a Member who has distinguished himself by seeing things
many times much more clearly than the rest of us.
Let me just say to all of my colleagues who have talked about those
who would be inconvenienced by this legislation. Legislation does tend
to inconvenience people. And in determining that we are going to pass
legislation and inconvenience some people so that we might do a service
for others, we establish a priority list.
I have heard on the other side of this argument an interesting
priority list. It seems to be the same time after time. First, we have
to worry about the vendor at the 7-Eleven. That is a person we really
have to be concerned about. Of course, we do not worry about that
vendor when we establish criminal sanctions for selling cigarettes to
minors because it might damage their lungs, but we should really worry
about that vendor if we are selling stuff that might damage their minds
and damage their souls. In that case the vendor has to be the number
one person on our priority list to be concerned about.
Secondly, of course, the recording artist. We have to be very
concerned about them. We have to be very concerned about the
distributors. And I presume we should be very concerned about those who
write the PAC checks.
Finally, at the bottom of our concern list, our priority list, are
the children and maybe a little bit below them the family.
I understand that this is complex legislation. All of those of us who
have tried cases involving freedom of speech understand that. But we
can work our way through this. This is excellent legislation. It goes
to the heart of the problem that is hurting America right now. Let us
pass the Hyde amendment.
Mr. BERMAN. Mr. Chairman, I yield 1 minute to the gentleman from
Missouri (Mr. Hulshof).
(Mr. HULSHOF asked and was given permission to revise and extend his
remarks.)
[[Page H4408]]
Mr. HULSHOF. Mr. Chairman, if I believed that passing one additional
law or a library filled with law books would prevent incidences of
school violence in America, I would stand here and lead the charge.
{time} 1630
But the fact is the answer to school violence in America is not here
in Washington. The answer to tragedies like Littleton, Colorado are
found in Littleton, Colorado.
Were it in my power, Mr. Chairman, I would urge this body to adjourn
and urge all Members to go home to have listening sessions with
students home from student breaks, to encourage parents to get more
involved in raising their kids.
My sentiment on this issue is just as strong today as it will be
during tomorrow's debate. And just as I believe it is inappropriate to
point the barrel of the gun at manufacturers or at law-abiding citizens
who enjoy the protections of the second amendment, I believe it is
equally inappropriate to train the lens of the video camera on the
entertainment industry or those that are enjoying their first amendment
rights.
Regrettably, I ask for a vote of ``no'' on the Hyde amendment.
Mr. BERMAN. Mr. Chairman, I am pleased to yield 2 minutes to the
gentleman from Michigan (Mr. Dingell).
(Mr. DINGELL asked and was given permission to revise and extend his
remarks.)
Mr. DINGELL. Mr. Chairman, I rise in reluctant opposition to this
amendment, and I rise in support of the first amendment. Tomorrow I
will be rising in defense of the second amendment.
At the rate this Congress is going, by the Fourth of July, we will
probably have successfully trampled upon the entirety of the Bill of
Rights.
I do love my good friend the gentleman from Illinois (Mr. Hyde), the
author of the amendment. And I want to pay him my great respect and
affection, he is a wonderful gentleman and a valuable Member of this
body, and also to other Members on both sides of the aisle. I am
satisfied that they are doing what they believe is right, and I believe
that these are sincere and well-intentioned efforts. But I believe that
the amendment is flawed and, in all probability, unconstitutional.
We know the difficulty of trying to define exactly what materials may
be offensive or harmful or dangerous. In any event, I do not think it
is the business of the Congress to let the courts do our jobs for us.
There is a difference between assigning blame and assuming
responsibility. Assigning blame is not going to bring back the children
who were senselessly and tragically taken from us in Colorado and
Georgia. But in assuming responsibility, we might proceed toward better
legislation and prevent another Littleton in the future.
Unfortunately, too much of the juvenile justice legislation is about
blame and too little about responsibility.
What I would like to see, however, is legislation that does not
attack the Bill of Rights but instead deals with the root causes of
juvenile crime, including the reduction in poverty, improvement of
education and mental health and the development of job opportunities
for decent wages.
I would like to see legislation that will attack the problem that our
juvenile court judge back home talks about, where he has to release
kids to the street who are functionally insane and a threat to the
society. I believe that that would be something which we could do that
would be really important. We are in the unusual position on the
juvenile justice bill of having a legislative process which usually
works with the Senate stepping in after the House acts to calm the
passions of this body.
Today the House appears eager to join in trouncing the amendments to
the Constitution. I ask my colleagues to vote ``no'' and to protect the
cherished constitutional rights.
Mr. HYDE. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from Texas (Mr. Smith).
Mr. SMITH of Texas. Mr. Chairman, I thank the chairman of the
Committee on the Judiciary for yielding me the time.
Mr. Chairman, there is no greater responsibility than raising a
child. It does not help parents when children are besieged by graphic
violence, promiscuous sex, and foul language on TV, in the movies, in
music, and on video games.
Ironically, current laws actually prevent entertainment industry
executives from meeting to create a voluntary code of conduct on the
grounds that such meetings might hinder competition.
To solve this problem, I introduced bipartisan legislation this
Congress that would grant a narrow exception to current laws that bar
such meetings. The entertainment industry should have the opportunity
to meet and discuss voluntary standards that could help improve the
content of television, movies, music, and video games.
I thank the gentleman from Illinois (Mr. Hyde) for including this
provision in the amendment to protect children from the culture of
violence.
The small screen and CD at home, the large screen in the theaters,
and video games wherever they are played, all too often fill young
hearts and minds with a poisonous effluent. Violence is glorified and
graphic stable families are ridiculed or ignored. Authority figures,
including parents, are mocked. Religion is deemed irrelevant. Right and
wrong are relative.
Entertainment executives need to assume some responsibility for
undermining American values whether they intended to do so or not. They
can change our culture for the better simply by agreeing to turn their
microphones and cameras in a different direction. This provision gives
them that opportunity.
Mr. BERMAN. Mr. Chairman, it gives me special pleasure to yield 1\1/
2\ minutes to the gentleman from Florida (Mr. Scarborough).
Mr. SCARBOROUGH. Mr. Chairman, I thank the gentleman for yielding me
the time.
I regretfully rise to oppose this amendment, and I do so despite the
fact I have the greatest respect for the gentleman from Illinois (Mr.
Hyde). Like him, I believe we should have more control over the content
of what our children watch. My concern is giving that control to
Washington, D.C.
Now, if the gentleman from Illinois (Mr. Hyde) were around to police
and interpret these broad guidelines in the future regarding the first
amendment, I would be more at ease. Regretfully, though, he will not. I
fear the law of unintended consequences will kick in and the Federal
Government's further involvement in the first amendment will prove
troublesome.
We have the best of intentions today working around the first
amendment, just like tomorrow we will have the best of intentions
working around the second amendment. But, regretfully, I think both
efforts are misguided. And I would hope my friends who are so eagerly
defending the first amendment today will just as eagerly defend the
second amendment tomorrow, because I believe, like the gentleman from
Missouri (Mr. Hulshof), that the answers to Littleton, Colorado lie not
in Washington, D.C., but in listening sessions at home, by more engaged
parents and by prayerful communities that once again turn their focus
back to God.
Regretfully, I do oppose this amendment and ask my friends to do the
same and vote ``no.''
Mr. BERMAN. Mr. Chairman, I am pleased to yield 1 minute to the
gentlewoman from California (Ms. Lofgren).
Ms. LOFGREN. Mr. Chairman, I think this amendment is a good example
of why it is too bad that we have short-circuited the committee
process. I actually have a very strong interest in seeing whether we
may extend the obscenity statutes to violence.
After all, what is more dangerous, sex or violence?
As the mother of two teenagers, concerned about violence, I have a
legitimate interest in an amendment that would deal with violence. But
I look at this amendment and I see it will instantly be declared
unconstitutional.
Taking a look at the legislative drafting on the first page, as
someone who works with the Internet a lot, I can see that this proposal
closely patterns the Communications Decency Act, which the Supreme
Court declared unconstitutional.
I must say that I am concerned, if this were to pass as written, we
would be in the awkward situation of telling my teens that whoever sold
them ``Shakespeare In Love'' on a video would be subject to criminal
sanctions, and whoever sold them ``Attack D.C. 9'' would not. I think
that is preposterous.
[[Page H4409]]
Chairman Hyde has asserted that his amendment would not bar the
selling of a film like ``Shakespeare in Love'' to minors because the
film has ``redeeming social value'', the standard utilized in the
analysis of sexually explicit material.
It would appear, however, that Chairman Hyde is not familiar with his
own amendment. Nowhere within his amendment may those words be found.
Instead, the standard found in section 1471 includes material that,
with respect to minors, is designed to appeal or pander to the
prurient, shameful or morbid interest, as well as material that is
patently offensive and not suitable for minors and material which
``lacks serious literary, artistic, political or scientific value for
minors''.
I think it is clear that the winner of this year's academy awards, a
movie rated ``R'' for a reason, would run afoul of the Hyde amendment.
I repeat my distress that we would put behind bars those who sell a
video of ``Shakespeare in Love'' to a teenager, but continue to allow
persons to sell a Tec-DC9 assault weapon to that same teenager.
As a mother of two teens, I have a genuine interest in seeing whether
we could extend the obscenity laws to violence. But the Hyde amendment
is not a serious effort to do that. Instead, it is a patently political
attempt to try to discredit those who would stand up for the First
Amendment as political cover for those who, tomorrow, will misuse the
Second Amendment in an effort to protect the culture of gun violence
and those who profit from gun violence in America.
The CHAIRMAN. The gentleman from Illinois (Mr. Hyde) has 7\1/2\
minutes remaining. The gentleman from California (Mr. Berman) has 10\1/
2\ minutes remaining.
Mr. BERMAN. Mr. Chairman, I am pleased to yield 1 minute to the
gentleman from Michigan (Mr. Camp).
Mr. CAMP. Mr. Chairman, I want to thank the gentleman for yielding me
the time.
Mr. Chairman, I rise in opposition to the Hyde amendment. I have
great respect for the chairman of the Committee on the Judiciary and
his intentions, and I admire him for trying to do something about the
violence which pervades our culture and, more particularly, affects our
young people. We were all horrified by the shootings in Colorado and
Georgia; and, like most people, we must all work to ensure a similar
event does not occur again.
The amendment before us has significant constitutional repercussion.
And while the chairman raises significant questions, not one hearing on
this new legal concept that violence is obscenity has occurred, and
that has been particularly disappointing to me.
As a father, I share the chairman's determination to keep violence
and obscenity out of the hands of our Nation's children. But look at
the volumes of case law on obscenity. All the laws and judges' opinions
in the world have not done very well in ridding our society of
obscenity. We need to change people's hearts and minds. If we do, the
power of consumers and the marketplace will be more powerful than any
law we could pass.
The amendment before us tramples on the first amendment. I urge a
``no'' vote.
Mr. HYDE. Mr. Chairman, I am pleased to yield 1 minute to the
distinguished gentleman from California (Mr. Bilbray).
Mr. BILBRAY. Mr. Chairman, I have a 14-year-old boy who confronted me
with the fact that he was able to get in his hand, because he found
some videos, a material that he, as a 14-year-old, knew was obscene
violence.
There is going to be a lot of debate about the Bill of Rights today
and tomorrow. But all I have got to say is that those of my colleagues
that so fear any one of the restrictions on any one of the Bill of
Rights, remember that reasonable applications of restrictions do not
threaten the Bill of Rights, they reinforce and protect them. And I
would ask my colleagues to understand that we have accepted, as a
society, that we do not accept sexual obscenity to be sold to our
children.
I praise the gentleman from Illinois (Mr. Hyde) for being brave
enough to confront us with the fact that violent obscenity should not
be sold to our children either.
I hear my colleagues who are outraged at Joe Camel somehow getting
our kids to smoke and demanding that that be stopped. But if they would
see the videos and the VCRs and the other information that our children
are being exposed to, then they would see what a 14-year-old would
know; that obscene, violent action should not be sold to our children.
Mr. BERMAN. Mr. Chairman, I am pleased to yield 1 minute to the
gentlewoman from Ohio (Mrs. Jones).
Mrs. JONES of Ohio. Mr. Chairman, I rise in opposition to the Hyde
amendment.
Just before coming to Congress, I served as the Cuyahoga County
prosecutor. It was my responsibility to prosecute cases much similar to
what the gentleman from Illinois (Mr. Hyde) is proposing on this date.
I tell my colleagues, as a prosecutor, I would stop and say, huh,
what exactly is it he is asking me to prosecute? How can I prosecute
such a case as this?
I am a mother of a 16-year-old, and I am concerned about him, too.
But it is my responsibility, not Congress', to decide what violent
material we should be taking from our children and not allowing them to
see.
So, as a mother and a prosecutor, I rise in opposition to this
amendment.
Mr. HYDE. Mr. Chairman, I am pleased to yield 1 minute to the
gentleman from Georgia (Mr. Deal).
Mr. DEAL of Georgia. Mr. Chairman, today's amendment focuses on the
culture of violence that has saturated our society.
While some would argue that television, the Internet, satellite
transmissions, movies, and video games have not contributed to this
culture of violence, I disagree. I believe their misuse has
desensitized all of us by making murder, rape, assault, and mayhem
appear commonplace and acceptable through the process of repetition and
overexposure.
To claim that the first amendment renders us powerless to deal with
this issue is to claim that our Bill of Rights is static, such as never
has been the case. Just as the Bill of Rights is flexible enough to
prevent the innovative and technology-enhanced intrusions of government
on the rights of individuals, it is, likewise, rationale enough to
prevent it from being used as a cloak to conceal and protect conduct
that is ultimately destructive to society as a whole.
I urge the adoption of the amendment.
Every generation wrestles with the reality that the internal universe
of society is constantly expanding. Advances in technology continue to
push back the darkness of the unknown and open up new territories that
were hidden from the view of our ancestors. Our generation has
experienced an explosion of technologies--television, the Internet,
satellite transmissions, movies, video games, and cellular telephones,
to name a few. These have expanded the scope of our childrens' world
far beyond that which existed during our own childhood.
Even though the world in this last decade of the 20th century, as
magnified by the information age, is vastly different from the world of
our founding fathers in the last decade of the 18th century, we are
firmly committed to maintaining the structure of order embodied by our
founding fathers in our Constitution and Bill of Rights. Today's debate
focuses on a culture of violence that has saturated our society. While
some will argue that the new technologies previously enumerated have
not contributed to this culture of violence, I disagree. I believe
their misuse has desensitized all of us by making murder, rape, assault
and mayhem appear commonplace and acceptable through the process of
repetition and overexposure. If, therefore, these advanced
technologies, which should be the tools for advancing civilization,
have in fact nurtured primitive instincts of violence that are not
compatible with making us more civilized, the clear questions arises as
to what can government do to reverse this process without infringing on
the individual liberties of our citizens'
To claim that the 1st Amendment renders us powerless to deal with
this issue is to claim that our Bill of Rights is static. Such has
never been the case. Just as the Bill of rights is flexible enough to
prevent the innovative and technology enhanced intrusions of government
on the rights of individuals, it is likewise rational enough to prevent
it from being used as a cloak to conceal and protect conduct that is
ultimately destructive of the society as a whole.
I commend Chairman Hyde for his amendment which applies the
constitutionally sanctioned constraints on obscenity to the matter of
violence as directed at children. Since both have adverse effects on
society it is altogether appropriate for this Congress to confront our
culture of violence in this orderly approach, and I urge adoption of
this amendment.
Mr. HYDE. Mr. Chairman, I ask unanimous consent that each side be
[[Page H4410]]
granted an additional 2 minutes; 2 minutes for the gentleman from
California (Mr. Berman) and 2 minutes for us.
The CHAIRMAN. Is there objection to the request of the gentleman from
Illinois?
There was no objection.
{time} 1645
Mr. HYDE. Mr. Chairman, I yield 1 minute to the gentleman from
Tennessee (Mr. Duncan).
Mr. DUNCAN. Mr. Chairman, I rise in strong support of the Hyde
amendment. Senator Moynihan said a few years ago that we have been
defining deviancy down, accepting as a part of life what we once found
repugnant. How true this is, and unfortunately it is becoming more so
every day.
I remember several months ago coming home one Friday night and
hearing Barbara Walters say she was about to show on 20/20 the most
important program she had ever presented on television. With her long
career, I wondered what this could be. What it turned out to be was a
program warning parents about the warped, evil, sick things mainly of a
violent or sexual nature available to children over the Internet and on
videos and tapes and so forth. We should all do whatever we can, even
in a small way, to slow this flood of this toxic mind warping, sick,
evil, violent, and obscene material that is reaching our children
today.
This is one of the most important amendments we have ever had before
us in this House, and it is time to say that enough is enough and that
today we started a new and better direction. As a judge who dealt with
constitutional issues for 7\1/2\ years before coming to Congress, I
urge support for this very well-crafted amendment.
Mr. BERMAN. Mr. Chairman, I yield 2 minutes to the gentleman from
Georgia (Mr. Barr).
Mr. BARR of Georgia. Mr. Chairman, I rise today in very strong
support of the intent and the purpose and the goals of this
legislation, but unfortunately I am unable to support the legislation,
as drafted, and urge rather than move forward and vote for H.R. 2036,
we defeat this amendment, this bill, and move forward with a long-term
study to really get to the bottom of why these pieces of material, why
these materials are being marketed, what is the relationship between
these materials being marketed and violence so that we can better craft
a more narrowly focused and constitutionally sound piece of
legislation.
I listened intently to the debate and have studied this issue
extensively and find myself also in agreement with my colleague from
California (Mr. Rogan). I cannot, and I do not think any of us can,
escape the fact that ultimately it is parents that have the ultimate
control over what our children see, hear and do, and we can pass all of
the legislation we want that places all sorts of restrictions,
labeling, access to materials that we want, but if parents allow their
children to watch these materials, if they allow them to listen to
these materials, as vile, as disgusting, as disgraceful, as obscene, as
pornographic as they may be, it is the parents that have to assume
ultimate responsibility, and no amount of legislation that we can pass
will do that, and I am afraid that, if we pass this legislation, it
will set us back because I do not think there is really any way that
this can avoid being struck down, at least provisions of it, as being
unconstitutional, and then we are back behind the 8 ball once again.
So I would urge all of our colleagues who want, I believe on both
sides of the aisle, to address this problem of youth violence,
obscenity, to take a harder look at it, to work together, all of us, to
try and craft a sounder piece of legislation, but ultimately
recognizing that unless the parents of America's children take more of
an interest in ensuring that their children do not watch, hear or read
the material that we are trying to reach here, nothing that we do is
going to solve the problem.
So, again I urge defeat of this bill and strong support for what it
is trying to do for future legislation.
Mr. BERMAN. Mr. Chairman, I yield 30 seconds to the gentleman from
Massachusetts (Mr. Frank).
Mr. FRANK of Massachusetts. Mr. Chairman, before the gentleman from
Georgia leaves the floor, I just wanted to take this opportunity to
express my agreement with the gentleman from Georgia to help advance
the legislative process and to satisfy all that hunger for civility out
there in the country.
Mr. BERMAN. Mr. Chairman, I yield 1 minute to the gentleman from
Louisiana (Mr. Tauzin).
(Mr. TAUZIN asked and was given permission to revise and extend his
remarks.)
Mr. TAUZIN. Mr. Chairman, I rise in opposition to the Hyde amendment,
not because I oppose what the gentleman from Illinois (Mr. Hyde) would
like to see in this country. I think all of us would like to see less
violence, all of us would like to see less obscenity in movies, all of
us would like to see the culture expressed in our media, on the
Internet and in the books and games and movies that our children watch
to be less violent and less obscene.
The problem basically, as I know has been expressed many times here,
but I need to say it again as chairman of the Subcommittee on
Telecommunications, Trade, and Consumer Protection whose principal
responsibility is to protect this free speech society, is that we
cannot constitutionally do this. We cannot constitutionally dictate the
content of speech in America as much as we would like to, as
emotionally as I feel, as deeply as I hurt when I see the scenes on
television that we have seen of children killing children.
I am reminded about that child at Columbine who said, look, we all
watch the same movies, we all play the same games, but we do not go
around killing our classmates. Go check with that family, go check with
those kids, go check with that culture that these kids grew up in, and
do something about it. But do not think that because we see these same
movies we are going to end up killing each other. We need to do
something much more basic than regulate free speech.
Mr. HYDE. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from
Florida (Mr. Weldon).
(Mr. WELDON of Florida asked and was given permission to revise and
extend his remarks.)
Mr. WELDON of Florida. Mr. Chairman, I rise in support of the
amendment, and I commend the chairman, the gentleman from Illinois (Mr.
Hyde), for including antitrust protection to the entertainment industry
in order for them to establish a set of guidelines to help protect
children from harmful behavior. I was working on introducing a bill to
provide this type of antitrust protection, and I was extremely pleased
to see the chairman include this in his amendment.
The National Association of Broadcasters had a code of conduct that
they abided by until it was abandoned by the broadcasters in 1983.
Since then standards which broadcasters find acceptable have
deteriorated. Eighty percent of Americans have expressed concern about
the increasingly graphic portrayals of sex, violence, vulgarity and
programming that sanctions and glorifies criminal, antisocial and
degrading behavior. The Hyde amendment will permit the entertainment
industry to work collaboratively to develop a set of voluntary
programming guidelines. This system worked well for decades. It was not
perfect, but it did put the impetus on Hollywood to refrain from
exploiting the American people and producing products that are directed
toward the prurient interests of our young people.
Hollywood has cast aside responsibility in recent years, and it is
time that they respect traditional values. The reestablishment of a
code of conduct will enable the American people to know clearly where
the entertainment industry falls on this issue.
Mr. BERMAN. Mr. Chairman, I yield such time as he may consume to the
gentleman from New York (Mr. Nadler).
(Mr. NADLER asked and was given permission to revise and extend his
remarks.)
Mr. NADLER. Mr. Chairman, I rise in opposition to the Hyde amendment,
which is a well-intended but flawed proposal that does violence to the
First Amendment.
Mr. Chairman, I rise to oppose the Hyde amendment.
While we must take action to address violence in our schools and to
save children's lives, some in Congress seem to feel that it should be
more difficult to see a picture of a gun, than to go out and buy one.
[[Page H4411]]
This amendment is overly broad and unconstitutionally vague.
It would take obscenity, which is removed from First Amendment
protections, and expand its definition beyond the limits established by
the Supreme Court.
In the process, it would create a federally imposed ban on the sale
of certain material. It would challenge retailers to decide whether or
not a particular work has redeeming value. This amendment would be
incredibly difficult to implement, lead to confusion for both the
creators and distributors of artistic works, and could inadvertently
chill free speech for adults as well as children.
There is far too much violence in the media today, but we must not
compromise the First Amendment in our efforts to protect our children.
Parents already have the right to deny their children access to violent
movies, music, magazines, and video games that they do not find
appropriate for their children. If we stop buying this violent
material, people will stop selling it.
Many leaders in the arts and entertainment community care deeply
about the proliferation of violent material and are taking steps to
address this problem. The media can and should also play a role in
promoting nonviolent activities, youth problem solving, and ways to
avoid gun violence. We can address excessive violence in the media
without trampling on our First Amendment rights.
I will leave you with one final note. We ought not to make the
entertainment community the scape goat for the massacre at Columbine
High School. Surely, this bill will not effectively address school
violence unless it also addresses youth access to guns. Popular films
and music lyrics are not the root cause of violence in our society and
guns are far more deadly than any CD or video tape could ever be. As
one Columbine senior pointed out, if the media was at fault, then every
one of the 1,850 students at Columbine would all be killers because
they all watch the same movies and share in other types of
entertainment. In fact, if films caused violence then one would expect
crime rates to rise in every country which imports American movies.
However, Japan, which is a heavy importer of American films, has one of
the lowest crime rates in the world.
I urge my colleagues to reject the Hyde amendment.
Mr. BERMAN. Mr. Chairman, I yield 1 minute to the gentlewoman from
Illinois (Ms. Schakowsky).
Ms. SCHAKOWSKY. Mr. Chairman, far from putting parents in charge, as
my esteemed colleague from Illinois has stated, his culture of violence
amendment puts big brother squarely in control of the games, art,
movies, books and other materials available to our children. No work of
art, magazine or CD is exempt from government scrutiny. No sales clerk
at Blockbuster, ticket sales at the movies, librarian, museum employee
would be free from the threat of a jail term. In fact, even if a parent
explicitly consented to the purchase of materials deemed to be too
violent or obscene, that sales clerk is at risk.
This is big government at its worst, supported, it seems, by the same
individuals who rail against big government. It is intrusion into the
personal lives of every American, a threat to educational and artistic
freedom, a direct assault on the First Amendment, and above all, this
amendment undercuts the freedom which is at the core of our American
values.
Mr. BERMAN. Mr. Chairman, I yield 1 minute to the gentleman from
California (Mr. Becerra).
Mr. BECERRA. Mr. Chairman, I thank the gentleman for yielding me
time.
It is time for all America to come together collectively and say that
we do wish to get rid of the violence, the obscenity, that we see
constantly on our television, hear on radio, read in print, but I hope
that we would turn away from the proposals that would have us create a
new Federal cultural police that would be empowered to determine what
is violent and what is sexual in the material that we will see, hear or
read.
With all due respect to the chairman of the Committee on the
Judiciary whom I respect dearly, this is not the way to go. I have
three young children, and it is my responsibility, along with my wife's
to make sure that they grow up understanding what is right and what is
wrong and knowing when it is right to read, to listen, to watch and
hopefully teach them enough that they will make the right decisions as
they grow older. But for us to say that the national government can do
it better than I can is to completely abandon our values and our
responsibilities.
I would hope that we would learn that the message we try to send to
America is one of collectively getting together and resolving this
issue of violence that we see pervasively invading our communities, but
let us not do it by putting the heavy hand of government on top of
that.
Vote against this amendment.
Mr. HYDE. Mr. Chairman, I yield 30 seconds to the gentleman from
Maryland (Mr. Gilchrest).
Mr. GILCHREST. Mr. Chairman, I thank the gentleman for yielding this
time to me. I fully support this amendment and urge my colleagues to
vote in favor of this amendment. This is not an assault on the First
Amendment or freedom of speech. This is a courageous step to limit
vulgarity and violence.
Let me take a second to talk about big brother, the Federal
Government. The Federal Government helps parents protect their children
from dirty air, the Federal Government helps parents protect their
children from dirty water, the Federal Government helps parents protect
their children's equal rights.
So I think it is only incumbent upon us for the Federal Government to
help parents protect their children from vulgar, violent videos.
Mr. HYDE. Mr. Chairman, I hate to keep doing this to the gentleman
from Hollywood, but people keep wandering up and wanting a little time.
Would the gentleman endure one more unanimous consent request for 2
more minutes on each side?
Mr. BERMAN. Mr. Chairman, reserving the right to object, I would
simply like to point out to the gentleman, as I have told him several
times, that I am from North Hollywood, not from Hollywood; and
secondly, that I thought last fall in the Committee on the Judiciary I
was in Hollywood.
Mr. Chairman, I withdraw my reservation of objection.
The CHAIRMAN. Is there objection to the request of the gentleman from
Illinois?
There was no objection.
Mr. HYDE. Mr. Chairman, I yield 1 minute to the gentleman from
California (Mr. Gary Miller).
(Mr. GARY MILLER of California asked and was given permission to
revise and extend his remarks.)
Mr. GARY MILLER of California. Mr. Chairman, I rise in favor of the
Hyde amendment in H.R. 1501 as a whole because we need to provide
physical safety for our children, and we need to protect our children
from the influence of explicit, obscene material.
I support the Hyde amendments because we need to do what we can to
protect our children from those who would sell them offensive material.
Michael Carneal is currently in jail for killing three students in
1997's school shooting in Paducah, Kentucky. Michael was an avid
computer user who logged on to the Internet and immersed his brain in
the sexually material he found there. Ever since the Clinton
administration stopped all prosecution of extremely violent and sexual
pornography our children and those who prey upon them have had easy
access to the most disturbing, mind-impacting material. This amendment
seeks to protect the minds of our children by holding people who sell
obscene material to children accountable and by evaluating the impact
of violent products on our children.
H.R. 1501 attempts to protect the majority of our children who make
the right choices from those who make the wrong choices by treating
juveniles like adults, when they act like adults and commit violent
crimes by keeping guns out of the hands of juvenile criminals, and by
making the largest community investment in juvenile justice reform in
history.
{time} 1700
Congress cannot make a perfect world, but we can empower families and
communities to protect their children.
Mr. BERMAN. Mr. Chairman, I yield 1 minute to the gentlewoman from
California (Ms. Waters).
Ms. WATERS. Mr. Chairman, we are all concerned about violence.
However, I never dreamed that I would see the chairman of the Committee
on the Judiciary assault the Constitution in the way this amendment
does.
This amendment is outrageous and it does danger not only to the
children of
[[Page H4412]]
this society, but to all of the citizens of this society. I say to the
gentleman from Illinois (Mr. Hyde), we are not going back to burning
books, we are not going to lock people up for artistic expression. The
Constitution of the United States guarantees us freedom of expression.
We cannot violate the Constitution in the name of wanting to do
something about violence.
What we should be doing is using our power to assist families and
children and to help parents, many of whom are working, to deal with
the problems of young people in a considered way. I am absolutely
outraged by the fact that one of the best legal minds in this House
would bring this trash to the floor of the Congress of the United
States of America. It is outrageous and it should be defeated.
Mr. HYDE. Mr. Chairman, I am pleased to yield 1 minute to the
gentlewoman from Texas (Ms. Granger) in support of this trash.
Ms. GRANGER. Mr. Chairman, in the wake of Littleton, I think many of
us are prepared to produce solutions and often guarantee that they will
save America. Well, I am going to say that it is more than gun control,
it is more than all that we are looking at; it is less violence on
television, it is more of the culture of guns and the culture of
violence, and we have to address the culture of our country.
To be honest, I do not know what the solution is and neither does
anybody else. I know that we do not today want to confuse motion with
action. I am afraid too many of us are anxious to be seen doing just
something about youth violence. I do not want to do something, I want
to do the right thing, and I think that is passing reasonable measures
and not overbilling the effect that they have.
I know one thing for sure, and that is that to do this we have to
touch the minds and the hearts of our young people. We also have to
touch what is around them and what is entering their mind. That is why
I am so supportive of the Hyde amendment. I think it is a very common-
sense approach to an all-too-common problem of criminals transmitting
sexual and violent material to our children.
There is never, ever, ever a reason for pornography to reach the
hands and the hearts of our children, and we must stop it, and this
will do that.
Mr. BERMAN. Mr. Chairman, I am pleased to yield such time as she may
consume to the gentlewoman from California (Ms. Pelosi).
(Ms. PELOSI asked and was given permission to revise and extend her
remarks.)
Ms. PELOSI. Mr. Chairman, in order to protect my 5 children and my 4
grandchildren, I rise in opposition to this frightening amendment, and
I urge my colleagues to vote ``no.''
Mr. BERMAN. Mr. Chairman, I yield myself 2 minutes.
Mr. Chairman, I think that given that this measure did not have the
scrutiny of the Committee on the Judiciary and a chance to fine-tune
it, I think it pays to take just a minute or two to sum up a few of the
criticisms of the piece of legislation in front of us.
First of all, it is not just about motion pictures, it is not just
about television, it is not just about musical recordings; it applies
to books, to pamphlets, to magazines, to drawings, to photographs, to
sculptures.
Secondly, as I mentioned earlier, it seeks to translate the obscenity
formula grafted onto depictions of violence and federalize the entire
matter, and then claim to provide community standards so that a
particular sculpture or movie or picture or book may have one standard
and be quite fine for sale to minors in Manhattan, New York, and not in
eastern Montana or in Jackson, Mississippi. A law which seeks to
federalize the criminal conduct of selling inappropriate depiction of
minor children, depictions of violence to minors, and at the same time
decentralize community standards all across the country is going to
have to fall as vague, impermissibly broad, and setting up an absence
of adequate notice to any single person who might be regulated.
Thirdly, it exonerates the producers of this; it criminalizes the
activity of the vendors.
Fourth, in response to the gentleman from Maryland, yes, the Federal
Government spends a great deal of time protecting the clean air and the
health and the welfare of the population, but a long time ago, we
decided there were some limits on what the Federal Government could do.
The first and foremost of that was the prohibition on the Federal
Government interfering with protected speech. This seeks to strike at
and criminalize protected speech. It is unconstitutional, and I think
the Members of this body should not support and willingly pass a
measure which has no chance whatsoever of being held up in the courts.
Mr. HYDE. Mr. Chairman, how much time remains?
The CHAIRMAN. The gentleman from California (Mr. Berman) has 4\1/4\
minutes remaining; the gentleman from Illinois (Mr. Hyde) has 4\1/2\
minutes remaining.
Mr. BERMAN. Mr. Chairman, I yield 1 minute to the gentleman from
Massachusetts (Mr. Frank).
Mr. FRANK of Massachusetts. Mr. Chairman, we could stress that there
are important aspects of this amendment which are not controversial and
which will be presented in other forums: the antitrust exception, the
health-related study.
One of the problems with this amendment is we are not talking here
only about fiction or things that people make up. This amendment covers
depictions of the truth. This amendment covers depictions of unpleasant
events. This amendment does not exempt the news, if it is presented for
commercial purposes. What this amendment does is introduce an element
of censorship by the Federal Government into the presentation by the
media, as long as they are not working for free, and none of them are
that I have ever met; it introduces this element of Federal censorship
into the media's depiction of unpleasantness.
Yes, we should treat 16-year-olds and 15-year-olds seriously.
Shielding them, screening them through a Federal process before they
hear about some of the terrible things that go on in the world, torture
is part of the world. These things are part of what goes on. I do not
want people portraying what happened in Kosovo and helping explain why
we were in there militarily to have to check with the Federal statutes
before they decide how they can present this to 16-year-olds.
Mr. HYDE. Mr. Chairman, I am pleased to yield 1 minute to the
distinguished gentleman from Youngstown, Ohio (Mr. Traficant).
Mr. TRAFICANT. Mr. Chairman, no one perhaps in the history of this
body knows or understands or has fought to uphold constitutional rights
better than our chairman, the gentleman from Illinois (Mr. Hyde).
Evidently, in listening to this debate, the gentleman from Illinois
(Mr. Hyde) has decided to challenge some of the interpretations by some
appointed judges who have maybe unknowingly or without meaning
protected the rights of many murderers, while leaving a wake of victims
in cemetery plots all over America.
The first amendment was never intended to promote harm. I join today
with the gentleman from Illinois (Mr. Hyde), the chairman of our
Committee on the Judiciary, on the floor of this House in that
challenge of interpretations by judges that we as Members of Congress
should have a say in creating those laws and, when necessary,
challenging those decisions. I want to applaud our chairman for the
courage to come out here and take the shots of attacking our
Constitution. He has never done that.
Mr. BERMAN. Mr. Chairman, could I inquire as to the remaining time on
both sides?
The CHAIRMAN. The gentleman from California (Mr. Berman) has 3\1/4\
minutes remaining; the gentleman from Illinois (Mr. Hyde) has 3\1/2\
minutes remaining.
Mr. BERMAN. Mr. Chairman, I yield 1 minute to the gentleman from
California (Mr. Dooley).
Mr. DOOLEY of California. Mr. Chairman, I rise in strong opposition
to this amendment. Once again, we are going down a path where we are
going to be asking the government to set some standards on what really
does constitute violence, and what will have the impact of encouraging
our children to engage in behavior that could be destructive to other
families and to our society.
[[Page H4413]]
But I also take exception to that, because as a father of two teenage
daughters, I know that at times they are exposed to violent movies and
other forms of violence that could be destructive to them. But they do
not act out in a violent way. It is because my wife Linda and I have
done the job of instilling the values in them that allow them to be
exposed to this material and still make the right choices.
It is, quite frankly, a cop-out for parents and families and people
to accuse people who are perhaps putting together information or videos
or different material as being the cause of widespread violence that is
leading to so much trouble in our communities.
Once again, the responsibility lies with the families, with the
community that supports the principles and the values of our country,
and we should oppose this amendment.
Mr. BERMAN. Mr. Chairman, I yield 1 minute to the gentlewoman from
Florida (Mrs. Meek).
(Mrs. MEEK of Florida asked and was given permission to revise and
extend her remarks.)
Mrs. MEEK of Florida. Mr. Chairman, I rise to ask for the defeat of
the Hyde amendment. With all of the respect each of us has for the
gentleman from Illinois (Mr. Hyde), he is not an Oracle of Delphi when
it comes to the Constitution of this country.
The Constitution of this country gives us a right as parents to make
our youngsters behave. That is what we have done wrong in this country.
We think that this law, no other law can protect us, if we do not raise
our children the way we want them to be raised. If we do not raise them
with some respect, if we do not make them turn off the TV when it is
time, if we do not say to them that this is wrong, that there should
not be any violence, and the Bible says thou shalt not kill. So why is
it that we will sit here in this Congress feeling that we have such a
noble position that we can put laws in that will mandate morality and
help us teach our children when we are not teaching them ourselves?
I say to my colleagues, as a grandmother of 6 and a mother of 3, that
this is wrong, I say to the gentleman from Illinois. This Constitution,
as much as the gentleman wants it to help, he is violating it by
putting this in the statutes of this country.
So I ask this Congress to please oppose and vote against the Hyde
amendment.
Mr. BERMAN. Mr. Chairman, I yield our remaining time to the gentleman
from Michigan (Mr. Conyers), the ranking member of the Committee on the
Judiciary.
Mr. CONYERS. Mr. Chairman, I want to thank the gentleman from
California (Mr. Berman) and my colleagues who have spoken here today.
In a way, I think we all realize the importance and significance of
this amendment offered by the Chairman of the Committee on the
Judiciary, the gentleman from Illinois (Mr. Hyde), because it is a
watershed. Either we are to overlook the existing case law, the first
amendment as most of us appreciate it, and move in a very overreactive
way to deal with the cultural aspects of the problem of youth violence,
or we do not. And it is clear to me that this debate has put on record
that in this area I can proudly associate myself with the views of the
majority of the Members of this House of Representatives.
Now, in addition and over and above the constitutional problems, let
us not rush to judgment on this quote, Hollywood phenomenon. Let us
recognize that the V chips, let parents block out television programs;
that movies have ratings.
Mr. Valenti has told us that he is putting the word out that the
House of Representatives and the Committee on the Judiciary are not
taking the cultural problem lightly. Please join us in turning back an
amendment that would be unworkable and likely unconstitutional.
Mr. HYDE. Mr. Chairman, I yield myself my remaining time.
(Mr. HYDE asked and was given permission to revise and extend his
remarks.)
Mr. HYDE. Mr. Chairman, I want to thank the gentleman from Michigan
(Mr. Conyers) and the gentleman from California (Mr. Berman) for a very
civil and I think enlightening debate, and some of the other, not all,
but some of the other participants.
I would like to read from Ginsberg v. New York, a Supreme Court case,
390 U.S. 629: ``A legislature could properly conclude that parents and
others who have primary responsibility for children's well-being are
entitled to the support of laws designed to aid discharge of that
responsibility.''
I would like to tell my friend, the gentlewoman from California (Ms.
Lofgren) that ``Shakespeare in Love'' has redeeming artistic quality.
It does not fit in this definition, although there is a gratuitous sex
scene in it which, if your children saw it, they might think it is
normal and acceptable, and I guess maybe the gentlewoman might think it
is too. I do not.
{time} 1715
But the movie could be shown without any problem because if you read
the bill, if you read the definition, it would have to be utterly
without any redeeming social value.
Now, for 40 years Congress has been wrestling with this problem, 40.
Do Members know what it has come up with? Nothing. Nothing. We posture,
we pass resolutions, viewing with alarm, but the entertainment industry
gets away literally with murder.
All we are doing is saying that obscenity for 40 years has not been
protected by the First Amendment. We are saying some of this violence
is as egregious and horrible and vulgar and harmful as sexual
obscenity. Why confine the proscription just to sexual obscenity? Why
not to mutilation? Why not to sadomasochism? Why not to flagellation?
Why not to rape?
Those are four specific categories, and only four, that we say ought
not to be protected by the First Amendment. If that is doing violence
to the Constitution, I have never read that document.
So let us do something, not do nothing. It is my opinion that what
happened in Littleton, Colorado, and what happened in Conyers, Georgia,
cannot be solved by one more gun law. There were 15 Federal laws having
to do with guns and ammunition that were violated by these two
assailants in Colorado, and seven State laws. Is our answer to pile a
couple of more laws on?
No. Let us examine what it is in the psyches of these young people
that made them want to kill, the culture of death. There is something
missing. We have to look at it. Anybody that does thinks rotten movies,
rotten television, rotten video games are not poisoning, toxically
poisoning our kids' minds and making some kids think that conduct is
acceptable just is not paying attention.
I cannot match the Political Action Committees of the entertainment
industry, but I will tell the Members, there are a lot of parents who
need help. My friend, the gentleman from Georgia (Mr. Barr) said it is
up to the parents. If Members can watch their four kids all the time
every day, at night and at school, and know what they are seeing and
know what they are reading, they have solved a wonderful problem and
should tell me how they do it.
This is an effort to solve the problem. I hear nothing from the other
side but ridicule. Please support the Hyde amendment.
Mr. DELAHUNT. Mr. Chairman, I rise in opposition to the amendment. I
do so, not to defend ``Rambo,'' or ``The Terminator,'' but to defend
the Constitution. Because this amendment is both unwise and
unconstitutional.
There is much in the amendment that I could support, Mr. Chairman. It
provides for a study by the National Institutes of Health of the
effects of video games and music on child development and youth
violence. It encourages the entertainment industry to develop voluntary
guidelines to minimize the extent to which minors are exposed to sexual
and violent materials.
These are sensible provisions, which were passed by the Senate
earlier this month and are included in the Democratic substitute which
Mr. Conyers will offer later today.
But the Hyde amendment goes further. Much further. It would make it a
crime to ``sell, send, loan or exhibit'' to minors any materials
containing ``explicit sexual material or explicit violent material.''
Most of us--especially those of us who are parents--are naturally
disturbed when unsuitable material finds its way into the hands of
young people. And many genuinely believe--rightly or wrongly--that
there is a connection between access to such material and the juvenile
violence in our nation.
[[Page H4414]]
There may or may not be a connection. But before we pass a law
codifying this theory we ought to have some facts. The amendment
directs the National Institutes of Health to study the issue. But it
doesn't wait to find out the results.
And since the subject was never considered by the Judiciary
Committee, there is No Evidence on the record that criminalizing music
sales or video rentals would have any impact whatsoever on the level of
youth violence in this country.
But there is Plenty of evidence that the amendment would harm the
precious freedoms we enjoy. Parents can and should decide what their
children watch and listen to. But it is not for the government to
decide this for them.
Others have pointed out that the gentleman's amendment could prohibit
sales to minors of such edifying but disturbing films as Amistad,
Saving Private Ryan, or Schindler's List. All of these films contain
violent content--some of it Extremely violent. This is clearly material
that may be appropriate for some young people and inappropriate for
others.
But the amendment would prohibit sales of these films to All minors,
unless, and I quote, ``the average person, applying contemporary
community standards,'' would find that the material has ``serious
literary, artistic, political, or scientific value for minors.''
The gentleman from Illinois claims that films such as these would NOT
be prohibited by his amendment, He says, and again I quote, ``taken as
whole, [they] are not designed to pander to the morbid interest of
minors, are not patently offensive, and have literary and artistic
value. We are talking about harmful material only.'' End of quote.
Now I have great respect for the gentleman, and I do not question his
sincerity. I only wish it were that simple. A few years ago, a Member
of this House launched an attack on one of the most celebrated films of
our time, Schindler's List. He criticized it for its realistic
depictions of violence and nudity in a concentration camp, and
castigated the network which broadcast it for putting it on the air
where children might see it.
That Member was roundly criticized for failing to recognize the moral
and political context of those scenes. But if a member of Congress can
be wrong about a film, how are we to suppose that a video salesman or
theater owner will make that judgment?
For make no mistake about it--that is what the amendment would
require. It would demand that the checkout clerk at Blockbuster or the
ticket vender at the local Cineplex make a determination--on pain of
imprisonment--as to whether a reasonable person would find that the
degree of violence contained in the film is offset by the literary,
artistic, or political value that a minor would derive from seeing it.
And I think we all know that a reasonable person would have to be
crazy to take a risk of guessing wrong.
As a parent, I do not believe this is an appropriate or workable
means of regulating access to minors.
If I think it is important for my daughter to understand what
happened on Omaha Beach, I don't want a clerk at the video store to
decide whether she can see Saving Private Ryan.
If I think it is important for my daughter to understand what
happened to Africans brought to this country in chains, I don't want a
ticket vendor to decide whether she's allowed to see Amistad.
If I think it is important for my daughter to understand what
happened in Dachau or Auschwitz, I don't want the government of the
United States to decide whether she's ready to see Schindler's List.
I know that the gentleman is well-intentioned, Mr. Chairman. But this
amendment is a disaster, and it should be defeated.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise in opposition to this
amendment offered by Mr. Hyde. I applaud his attempt to address the
issue of rampant violence in our popular culture, but there are serious
First Amendment concerns I have about this amendment.
This amendment prohibits any picture, sculpture, video game, movie,
book, magazine, photograph, drawing, similar visual representation, or
sound recording with explicit sexual or violent material from being
sold or given to children.
According to this language, books like ``Beloved'' or ``The Bluest
Eye'' by Nobel Prize Laureate Toni Morrison would not be sold or loaned
from the library to a student. There are possibly violent and sexual
situations detailed in these works to tell the story that might be
prohibited under this amendment.
Television programs like ``Star Trek'' and movies like the popular
``Star Wars'' trilogy would also be prohibited. Historical
representations like ``Amistad'' or ``Schindler's List'' might be
banned. The standard that would ban these works is problematic and
vague.
This amendment also contains a provision that would require that
retail outlets that sell music recordings would have to make the lyrics
available for the parents before purchase. However, this amendment
contains a loophole for internet music companies and mail order
companies. I seek to establish a process in my district where retail
stores voluntarily work with parents and legal guardians of children to
keep such reprehensible items/materials out of the hands of children.
This loophole would simply alter the method in which such music is
sold. If children wanted to obtain certain types of music, then they
could go on-line or place a phone call to order the recordings.
This loophole illustrates how this bill is simply not an appropriate
vehicle to urge change in the popular culture. It is an attempt to
censor the freedom of expression contained in the First Amendment. This
amendment creates a standard that would drastically alter the First
Amendment.
However, I agree with Rep. Hyde's remarks that popular culture has
persisted in presenting increasingly violent and sexually explicit
entertainment. The industry must enact internal standards to ensure
that children are not overly exposed to inappropriate material.
The provision that requires a study by the National Institutes of
Health is an important measure to determine the effects of the media on
our children. I support this provision because it allows the industry
to conduct an internal review of its content and it encourages the
media to take responsibility for what it presents as entertainment.
I also support promoting grassroots solutions to youth violence. One
of the demonstration cities is Houston, Texas, but I am concerned that
this provision was included in this amendment.
I appreciate Rep. Hyde's concern for the messages that our children
receive in the media. However, we cannot limit the freedom of the First
Amendment. The First Amendment is at the core of our basic freedoms and
I respectfully oppose the Hyde Amendment.
The CHAIRMAN. All time for debate on the amendment has expired.
The question is on the amendment offered by the gentleman from
Illinois (Mr. Hyde).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. HYDE. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to House Resolution 209, further proceedings
on the amendment offered by the gentleman from Illinois (Mr. Hyde) will
be postponed.
It is now in order to consider amendment No. 9 printed in Part A of
House Report 106-186.
Amendment No. 9 Offered by Mr. Salmon
Mr. SALMON. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A amendment No. 9 offered by Mr. Salmon:
Add at the end the following:
SEC. __. AIMEE'S LAW.
(a) Short Title.--This section may be cited as ``Aimee's
Law''.
(b) Definitions.--In this section:
(1) Dangerous sexual offense.--The term ``dangerous sexual
offense'' means sexual abuse or sexually explicit conduct
committed by an individual who has attained the age of 18
years against an individual who has not attained the age of
14 years.
(2) Murder.--The term ``murder'' has the meaning given the
term under applicable State law.
(3) Rape.--The term ``rape'' has the meaning given the term
under applicable State law.
(4) Sexual abuse.--The term ``sexual abuse'' has the
meaning given the term under applicable State law.
(5) Sexually explicit conduct.--The term ``sexually
explicit conduct'' has the meaning given the term under
applicable State law.
(c) Reimbursement to States for Crimes Committed By Certain
Released Felons.--
(1) Penalty.--
(A) Single state.--In any case in which a State convicts an
individual of murder, rape, or a dangerous sexual offense,
who has a prior conviction for any 1 of those offenses in a
State described in subparagraph (C), the Attorney General
shall transfer an amount equal to the costs of incarceration,
prosecution, and apprehension of that individual, from
Federal law enforcement assistance funds that have been
allocated to but not distributed to the State that convicted
the individual of the prior offense, to the State account
that collects Federal law enforcement assistance funds of the
State that convicted that individual of the subsequent
offense.
(B) Multiple states.--In any case in which a State convicts
an individual of murder, rape, or a dangerous sexual offense,
who has a prior conviction for any 1 or more of those
offenses in more than 1 other State described in subparagraph
(C), the Attorney General shall transfer an amount equal to
the costs of incarceration, prosecution, and
[[Page H4415]]
apprehension of that individual, from Federal law enforcement
assistance funds that have been allocated to but not
distributed to each State that convicted such individual of
the prior offense, to the State account that collects Federal
law enforcement assistance funds of the State that convicted
that individual of the subsequent offense.
(C) State described.--A State is described in this
subparagraph if--
(i) the State has not adopted Federal truth-in-sentencing
guidelines under section 20104 of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 13704);
(ii) the average term of imprisonment imposed by the State
on individuals convicted of the offense for which the
individual described in subparagraph (A) or (B), as
applicable, was convicted by the State is less than 10
percent above the average term of imprisonment imposed for
that offense in all States; or
(iii) with respect to the individual described in
subparagraph (A) or (B), as applicable, the individual had
served less than 85 percent of the term of imprisonment to
which that individual was sentenced for the prior offense.
(2) State applications.--In order to receive an amount
transferred under paragraph (1), the chief executive of a
State shall submit to the Attorney General an application, in
such form and containing such information as the Attorney
General may reasonably require, which shall include a
certification that the State has convicted an individual of
murder, rape, or a dangerous sexual offense, who has a prior
conviction for 1 of those offenses in another State.
(3) Source of funds.--Any amount transferred under
paragraph (1) shall be derived by reducing the amount of
Federal law enforcement assistance funds received by the
State that convicted such individual of the prior offense
before the distribution of the funds to the State. The
Attorney General, in consultation with the chief executive of
the State that convicted such individual of the prior
offense, shall establish a payment schedule.
(4) Construction.--Nothing in this subsection may be
construed to diminish or otherwise affect any court ordered
restitution.
(5) Exception.--This subsection does not apply if the
individual convicted of murder, rape, or a dangerous sexual
offense has been released from prison upon the reversal of a
conviction for an offense described in paragraph (1) and
subsequently been convicted for an offense described in
paragraph (1).
(d) Collection of Recidivism Data.--
(1) In general.--Beginning with calendar year 1999, and
each calendar year thereafter, the Attorney General shall
collect and maintain information relating to, with respect to
each State--
(A) the number of convictions during that calendar year for
murder, rape, and any sex offense in the State in which, at
the time of the offense, the victim had not attained the age
of 14 years and the offender had attained the age of 18
years; and
(B) the number of convictions described in subparagraph (A)
that constitute second or subsequent convictions of the
defendant of an offense described in that subparagraph.
(2) Report.--Not later than March 1, 2000, and on March 1
of each year thereafter, the Attorney General shall submit to
Congress a report, which shall include--
(A) the information collected under paragraph (1) with
respect to each State during the preceding calendar year; and
(B) the percentage of cases in each State in which an
individual convicted of an offense described in paragraph
(1)(A) was previously convicted of another such offense in
another State during the preceding calendar year.
The CHAIRMAN. Pursuant to House Resolution 209, the gentleman from
Arizona (Mr. Salmon) and a Member opposed each will control 15 minutes.
The Chair recognizes the gentleman from Arizona (Mr. Salmon).
Mr. SALMON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this is a pretty awesome time to be here. I am offering
today, along with the gentleman from Pennsylvania (Mr. Weldon) and the
gentleman from Washington (Mr. Smith), an amendment that is known as
Aimee's Law. I would like to take a few moments to discuss why this is
important to Americans, and how come a nationwide grass roots effort
has worked towards its passage.
First of all, I would like to reference this chart. According to the
Department of Justice, the average time actually served by a rapist in
this country and released from State prison is 5\1/2\ years; for
molesting a child, 4 years; and for murder, 8 years. This is
outrageous. It is unconscionable. We have to act today to change this.
It is not as if these criminals are suddenly Boy Scouts after their
release from prison. The recidivism rates for sex offenders are very
high. I think most people agree, once a molester, always a molester. As
the Department of Justice found in 1997, over the 3-year period
following the prison release, an estimated 52 percent of discharged
rapists and 48 percent of other sexual assaulters were rearrested for a
new crime. Here is that statistic. Many of those go on to commit other
sex offenses.
Light sentences for today's most heinous crimes contribute to an
epidemic of completely, yes, I said it, completely preventable crimes.
Consider, each year more than 14,000 rapes, molestations, and murders
occur every year by somebody who was let out of prison for committing
that exact same crime. In some 1,700 of these cases, individual cross
State lines and then reoffend again.
We talk a lot about accountability in this Chamber. It is time to
restore some accountability to States that release these dangerous
predators into our neighborhoods. Aimee's Law would add an additional
factor to the formula for distributing Federal crime funds to the
States.
Specifically, the amendment would provide additional funding to
States that convict a murderer, rapist, child molester, if that
criminal had previously been convicted of one of those same crimes in a
different State. The cost of prosecuting and incarcerating that
criminal would be deducted from the Federal crime assistance funds
intended to go to the first State.
In other words, the State that is irresponsible, lets the rapist,
murderer, molester out and then they cross State lines and reoffend
again, a portion would be taken away from their crime assistance funds
and given to the new State, enough to cover the costs of incarceration,
prosecution, and apprehension of that monster.
A safe harbor would not require the funds transfer if the criminal
has served 85 percent of his original sentence and if the first State
was a truth-in-sentencing State, with a higher than average typical
sentence for the crime.
Aimee's Law, a bipartisan effort from day one, passed the Senate last
week with a whopping 81 to 17 vote. Aimee's Law is enthusiastically
supported by law enforcement and victims rights groups nationwide. Here
is just a smattering of those who are supportive.
The law enforcement community in particular, they understand the need
for this legislation. They are in the trenches. They are fighting this
fight every day. The Nation's largest police union, the national
Fraternal Order of Police, representing some 250,000 brave police
officers nationwide, has strongly backed this amendment and has
appeared at all public events to help push for its passage. Their
president has said, ``The bill addresses this issue smartly, without
infringing on the States and without federalizing crimes.''
Among the other law enforcement groups that have endorsed the bill is
the California Correctional Police Officers Association, and some of
the others Members can see.
Victims rights and child advocacy groups have also endorsed the bill,
and made this one of the most important issues that they focus on:
Child Help U.S.A., Klaas Kids Foundation, Kids Safe, Mothers Outraged
at Molester, and the list goes on and on and on.
From around the country, Americans have signed petitions, called our
offices, and sent e-mails demanding passage of Aimee's Law. Even Dr.
Laura is urging her 18 million listeners across America, and has been
doing it all week, also including it on her web site, for a call to
action on this particular piece of legislation.
Mr. Chairman, this is Aimee Willard. I never met her. This
legislation is named for her. But I have become very close with her
through the passage of this legislation, and close with her family.
Aimee was senselessly raped and murdered by a man who was let out of
prison for serving 12 years for murder for killing somebody over a
parking spot. If this man had served 85 percent of his sentence, Aimee
Willard would still be alive today.
Aimee was an all-American college athlete who wanted to work with
children. We are never going to know all that we lost when she was
taken from us, but we should do what we can to prevent others from
enduring the same kind of pain and agony, and following her to a
needlessly early grave.
Many courageous victims and survivors have made extraordinary efforts
to help me pass this bill. I cannot mention them all, but I wanted to
list a few. Many of them came to Washington twice to support the bill
and testify before the Subcommittee on Crime.
[[Page H4416]]
There is Gail Willard, who lost her daughter, Aimee; Mark Klaas, who
lost his daughter, Polly; Mary Vincent, a rape survivor; Fred Goldman,
who lost his son, Ron; Mika Moulton, who lost her son Christopher;
Trina Easterling, who lost her daughter Lorin; Jeremy Brown, a rape
survivor; Louis Gonzalez, who lost his brother Ipollito; the
Greishabers, who lost their daughter Jenna; the Pruckmayrs, who lost
their daughter Bettina; the Schmidts, who lost their daughter
Stephanie; and the list goes on and on, because again, that number is
14,000 rapes, murders, molestations, that occur each year by somebody
let out of prison for doing exactly the same crime.
Sadly, the list goes on and on and on. Too many victims, too much
suffering. We have to do more, and we can do it today with passage of
this amendment.
Mr. Chairman, before I close, I wanted to express my heartfelt thanks
to the survivors, the groups, and everyone else who has joined with me
to fight this fight and to protect families.
The gentleman from Florida (Chairman McCollum) deserves the lion's
share of the credit for his fine leadership on this issue. I wanted to
thank my staff for all their hard work.
I would like to close with a couple of quotes. First of all, they are
not from a famous leader, world leader, or a law enforcement official,
but from the very heart of the problem. I want to quote a pair of child
molesters whose despicable, unspeakable crimes cry out for justice.
Mr. Chairman, there are more than 134,000 convicted sex offenders
currently living in our neighborhoods, on probation or on parole right
now in our neighborhoods. Let us hear from two of them scheduled for
release. They have never met, but their message could not be more
clear:
``I am terrified of being released, because I fear without
counseling, I will molest more children. Since I don't want to return
to prison, I would be forced to kill them.''
The next quote: ``I am doomed to eventually rape, then murder my poor
little victims to keep them from telling on me. I might be walking the
streets of your city, your community, your neighborhoods.''
Mr. Chairman, let us pass the amendment today and strike a blow
against the revolving door of prisons, murders, and sexual predators.
Mr. GILMAN. Mr. Chairman, will the gentleman yield?
Mr. SALMON. I yield to the gentleman from New York.
Mr. GILMAN. I thank the gentleman for yielding.
Mr. Chairman, I want to commend the gentleman for bringing this
measure to the floor at this time. Today we have an opportunity to take
a giant step in the fight against repeat offenders. I commend the
gentleman from Arizona (Mr. Salmon) for bringing this legislation to
our attention.
It has become too common in recent years that victims are violated by
someone who has been previously convicted of a crime and then released.
Many who commit murder, rape, and child exploitation cannot be
rehabilitated, as the gentleman from Arizona (Mr. Salmon) pointed out.
We owe it to our communities to put a stop to this pattern of violence.
Aimee's Law will do just that. It will impede the ability of
convicted felons to repeat their offenses at the cost of innocent human
lives. Too often we have heard personal stories of these terrible
crimes that legislation would help to eliminate.
Jeremy Brown, that the gentleman recited, comes from my own
congressional district in New York and was the only survivor of a man
who raped and murdered a number of other women. Having been through
this horrible ordeal and having persevered, she has demonstrated
tremendous courage and has become symbolic of the reason that we should
pass this legislation today.
To all the courageous people who hope that together we will be able
to prevent future violence, our hearts, our prayers and support are
with them, now and always. That is why I urge support for this measure.
Mr. SALMON. Mr. Chairman, I reserve the balance of my time.
{time} 1730
The CHAIRMAN. Does the gentleman from Virginia seek time in
opposition?
Mr. SCOTT. Mr. Chairman, yes.
The CHAIRMAN. The gentleman from Virginia (Mr. Scott) is recognized
for 15 minutes.
Mr. SCOTT. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this amendment emphasizes the need for us to have held
hearings on some of these so that we could determine actually what is
going on. This seems well intended; it might work, might not but we
just do not know.
It is interesting that there is an exemption in this bill for those
States that have abolished parole and require prisoners to spend 85
percent of their time in prison; it is truth in sentencing. I like to
call it not truth in sentencing but a half truth in sentencing, because
as that poster points out if parole is abolished, people can no longer
be held.
The half truth is a person cannot get out early but they cannot hold
them longer either. If a person has a short sentence for which they
have to serve 85 percent, they would be eligible for the exemption
under this, but if they have a much longer sentence with parole, then
they would have been able to retain them.
Let us give an example of how that thing works. I am not sure whether
I heard the gentleman from Arizona (Mr. Salmon) right, but I thought he
mentioned Mr. Klaas in California. The perpetrator in that case was
Richard Allen Davis, who was in prison on a 6-month to life sentence.
He was denied parole, denied parole, denied parole. They finally
cracked down on crime and abolished parole. He was resentenced to 7.2
years which he had already served and he got on out because they had to
let him out, and he committed another crime.
He received 8 years; served 8 years. They could not hold him longer
because they had abolished parole. Then he got out and kidnapped and
murdered Polly Klaas. If that had been parole, he never would have been
out on the first offense, certainly never would have been out on the
second offense, but because parole was abolished they had to let him
out.
Even the people, with quotes that the gentleman said, they had to let
them out because they could not hold them longer.
Maybe if we had had a hearing, maybe we could flesh some of this out
so we could determine whether abolishing parole and letting somebody
out is better than having a much longer sentence when there is some
discretion.
Mr. SALMON. Mr. Chairman, will the gentleman yield?
Mr. SCOTT. I yield to the gentleman from Arizona.
Mr. SALMON. Mr. Chairman, there is nothing in this bill that suggests
that we do away with parole by any stretch of the imagination. I think
that the goals of the gentleman and my goals are the same. We want to
do what is right by families.
The fact is that 14,000 rapists, child molesters and murderers go on
to reoffend every year and States are not doing a good job.
I go back to the statistics, that the average time served for
molestation, 4 years; 5 years for rape; 8 years for willful murder.
Mr. SCOTT. Reclaiming my time, that has nothing to do with parole. As
a matter of fact, if a person had 4 years and they had to serve it all,
maybe I misread it.
CQ has the summary of the amendment of the gentleman which says the
amendment would not require funds transferred if the criminal had
served 85 percent of his original sentence and if the first date had,
quote, truth in sentencing with a higher than average typical sentence
for a crime, which means the average sentence, all one has to do is
serve the average. Someone cannot be held longer than average.
Virginia went through this. We took a 10-year sentence, which was a
year and a half to 10 years, average 2\1/2\, doubled the average time
served so that the average time was 2\1/2\. We doubled the average time
so now everybody has to serve 5 years.
Now, if we think about it for 15 seconds, the person that could not
make parole at all would have served all 10 years. Now that there has
been a crackdown on crime, they have to be released after 5 years, even
if they are telling stuff that was on those posters.
Maybe if we had had some time in committee we could have discussed
[[Page H4417]]
this, but the gentleman comes springing this out on us without
hearings, and we are just doing the sound bite.
Mr. SALMON. Mr. Chairman, will the gentleman yield?
Mr. SCOTT. I yield to the gentleman from Arizona.
Mr. SALMON. Mr. Chairman, we did have a very, very thorough hearing
last year and this is not a surprise. We have been working on this for
a year and a half. We did have a hearing before the Subcommittee on
Crime, and frankly the Supreme Court has determined that for violent
sex offenders the courts can hold somebody beyond their sentence. They
can put them in security, but beyond that I am not prescribing how
States deal with the parole issue. All I am saying is that a State
ought to certify. Rather than play Russian roulette with somebody
else's head, all I am saying is the State ought to be accountable.
If a State is going to let somebody go, make sure that they are not
going to reoffend again, and if they want to deal with that with a
combination of counseling or parole or whatever the case may be, all I
am trying to do is restore a modicum of accountability back to the
States. If they want to address that for parole, that is their option.
Mr. SCOTT. If the gentleman could have convinced a majority of the
members of the committee after we had had a hearing and a markup
through the regular process, maybe it would have worked, but we are not
doing that. We are coming out here and exchanging sound bites.
Mr. Chairman, I reserve the balance of my time.
Mr. SALMON. Mr. Chairman, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Weldon).
(Mr. WELDON of Pennsylvania asked and was given permission to revise
and extend his remarks.)
Mr. WELDON of Pennsylvania. Mr. Chairman, I thank my colleague, the
gentleman from Arizona (Mr. Salmon), for yielding me this time, and I
applaud him for this law.
Mr. Chairman, we are here to support Aimee's Law. As we know, laws
are about people.
This is Aimee. Aimee lived 2 miles from my home in Pennsylvania.
Aimee was a bright 22-year-old, promising young lady, great in
athletics, great in school, who had an unbelievable career ahead of
her. Her life was snuffed out because a man who had been repeatedly
involved in hurting other people struck her car on a freeway to make
her pull over. When she pulled off the side of the road on June 20,
1996, and got out to see what was wrong, as any normal person would do,
he accosted her. She was abducted. She was raped. She was brutally
murdered.
She was found in a dumpster with two trash bags over her head and a
stick between her legs. The man who was convicted of brutally murdering
Aimee Willard served 11 years of a life sentence that had been given to
him for killing someone else, but that State paroled him early. They
let him out without serving his full sentence.
Not only did he kill Aimee Willard, he is now the suspect in a second
murder, Maria Cabuenos, who disappeared in March 1997 and was also
found murdered. The same individual who has been convicted of murdering
twice was driving Miss Cabuenos' car when he was found while trying to
burglarize another house.
How many times are we going to let someone out early? And why should
not we create a disincentive to have States thoroughly review the
process for people who have been convicted of rape, of murder and child
molestation from getting out prematurely?
This does not provide a one-size-fits-all answer. It simply says to
States that we are going to hold a person accountable. If someone
allows people who commit these brutal crimes to get out prematurely,
then they are going to pay the price of the other State where that
person is convicted of their costs in having to convict that person a
second time.
In the name of Aimee Willard and all of those other thousands of
people, I ask our colleagues to support Aimee's Law.
Mr. SCOTT. Mr. Chairman, I yield 2 minutes to the gentleman from
Washington (Mr. Smith).
Mr. SMITH of Washington. Mr. Chairman, I thank the gentleman from
Virginia (Mr. Scott) for yielding me this time, even though we disagree
on this amendment.
Mr. Chairman, I am a cosponsor of the amendment and strongly support
it. I think the issue of parole is not what we are dealing with here.
However an individual State wants to handle it, wants to pass out the
sentencing, is fine with us. The question is are they going to pass out
strong sentences? If they do it under a parole system and hold them for
longer, the point of this bill is to try to give incentives to States
to hold the most dangerous of criminals, murderers, rapists and child
molesters for as long a period as possible so that they do not
reoffend.
We are trying to drive dollars out to encourage that decision and to
move them in that direction for a very good reason. We want to protect
the citizens of our country.
There are many reasons for punishment in crimes, but one of the
biggest is to protect society with a very simple notion. If an
individual who is given to committing crimes is behind bars, they are
not victimizing other people. That is one of the clearest ways to
protect our citizens, is to lock them up when they have made it clear
that they are dangerous to the citizens.
Right now, too often crimes as serious as rape and child molestation
have very short sentences and those people are free to reoffend all
over again. We need to do a better job of protecting our citizens, and
I commend the gentleman from Arizona (Mr. Salmon) for putting forward
this modest piece of legislation to try to do that, to try to give
States the encouragement they need, the financial encouragement, to
hold these dangerous offenders for a longer period of time.
There are many reasons why the crime rate has fallen in recent years,
but one that should not go unnoticed is that we have increased
punishment for crimes of all types, but certainly of the most serious
nature. That keeps dangerous offenders off the streets so they cannot
reoffend so that we can protect future victims.
I again commend the gentleman from Arizona (Mr. Salmon) for bringing
this piece of legislation forward and hope that the effect of it will
be to save lives and to keep dangerous offenders behind bars where they
cannot victimize the people that we represent.
Mr. SCOTT. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I have, as I have indicated, a great deal of problem
with the amendment. We should have gone through subcommittee.
Mr. Chairman, I yield 2 minutes to the gentleman from Florida (Mr.
McCollum), the chairman, to explain how this got here and let him say a
little bit about the amendment.
Mr. McCOLLUM. Mr. Chairman, I thank the gentleman from Virginia (Mr.
Scott) for yielding me this time.
Mr. Chairman, I want to first of all say that we did have a hearing
on this bill last Congress in the Subcommittee on Crime, not in this
Congress. The gentleman from Arizona (Mr. Salmon), I think, has
produced a remarkably good product. It would have been highly desirable
had we brought this or been able to bring this through the subcommittee
this time because I have no doubt that we would have reported it out
virtually intact as it is here today.
I think this is a terrific product, and the reason I am going to
support it and I am supporting it today is because of that reason, even
though it would have been more desirable had we been able to mark it up
in committee. It happens to be this is a good vehicle and he has
convinced the Committee on Rules to let it come to the floor, and I
think it is an appropriate thing to vote for. I am going to support it
because if a State adopted a truth in sentencing, which half the States
in the United States have, well, more than half, almost 30 now have,
where a person has to serve at least 85 percent of their sentence for
any major crime, that State would not be, and those States that already
have will not be, affected by this proposal because they will not lose
any money or risk it if somebody gets out early, because they will not.
Other States that the gentleman from Arizona (Mr. Salmon) has been
very creative with, they do not have to adopt truth in sentencing.
There are other ways to deal with it under his
[[Page H4418]]
proposal, but I do think the incentive is there to keep people in jail
for long periods of time to serve at least 85 percent or higher of
their sentence if they have committed murder, rape or child
molestation, and that should be the law of the land for every State in
the Union.
This is an extraordinary bill. It was widely supported in the hearing
that we had before the subcommittee in the last Congress, and I
strongly urge the adoption of the amendment.
Mr. SALMON. Mr. Chairman, I yield 1 minute to the honorable gentleman
from Texas (Mr. DeLay), the distinguished whip of the House of
Representatives.
Mr. DeLAY. Mr. Chairman, I want to congratulate the gentleman from
Arizona (Mr. Salmon), for bringing this amendment. He has worked so
hard on this, and it is very creative in trying to bring safety to our
children. There is no better cause than the safety of our children.
I rise in support of the amendment because it does protect America's
children from predators. This amendment, better known as Aimee's Law,
fights that plague of repeat offenders. Specifically, this law tracks
criminals that have crossed state lines, guilty of murdering, rapists
and otherwise assaulting children under the age of 14. Why are these
monsters set free? Aimee's Law holds States responsible for felons they
release who commit further violent crimes in other States.
So, Mr. Chairman, our kids need to be protected from these violent
criminals. States need to be encouraged to keep child molesters behind
bars, and I urge my colleagues to support this amendment.
Mr. SCOTT. Mr. Chairman, I yield 2 minutes to the gentleman from
Texas (Mr. Green).
(Mr. GREEN of Texas asked and was given permission to revise and
extend his remarks.)
Mr. GREEN of Texas. Mr. Chairman, I thank my good friend, the
gentleman from Virginia (Mr. Scott) for yielding me the time.
Mr. Chairman, like the gentleman from Washington (Mr. Smith), I am on
the other side on this amendment.
I was honored to serve 20 years in the legislature in Texas and so I
have some hesitation in requiring States to do something that we
typically do not pay for but there are exceptions to this, and frankly
we cannot accomplish this without a change in Federal law.
If a person is released from one State and commits a crime in another
State, then without a Federal law we have to have Federal action to be
able to require that.
I am proud to be a cosponsor of the Aimee's Law legislation by the
gentleman from Arizona (Mr. Salmon), the gentleman from Washington (Mr.
Smith) and the gentleman from Pennsylvania (Mr. Weldon), because of the
problem with repeat offenders, dealing with murder, rape or child
molestation.
The only crimes that are more heinous than murder and rape are those
same crimes committed against children. I believe that individuals who
commit these violent or sexual crimes against children should spend the
rest of their lives in prison.
{time} 1745
Lord knows, in Texas, we have had the biggest building boom in prison
in many years, so we are trying to build a place for them.
If, however, a State believes that such a criminal has been
rehabilitated and decides to release this person back to society before
the end of their term, then that State should be held responsible if
that person commits the crime again in someone else's neighborhood, if
it is in another State.
Under the Salmon-Smith amendment, these States who have an early
release of violent criminals would pay to incarcerate these criminals
in the other State. This is the only fair and just approach. I urge my
colleagues to support it simply because the repeat offenders are what
we are trying to get to.
We have seen some good numbers on our crime statistics, and the
reason is because a lot of States are keeping people in prison longer
because they are the repeat offenders, and this will make it even,
hopefully, make those statistics even sound better.
Mr. SALMON. Mr. Chairman, may I inquire of the Chairman how much time
remains?
The CHAIRMAN. The gentleman from Arizona (Mr. Salmon) has 2\1/2\
minutes remaining. The gentleman from Virginia (Mr. Scott) has 4
minutes remaining.
Mr. SALMON. Mr. Chairman, I yield 30 seconds to the gentleman from
Utah (Mr. Cannon).
Mr. CANNON. Mr. Chairman, as the father of several children and
husband of 20 years, I rise today in support of the amendment of the
gentleman from Arizona (Mr. Salmon) better known as Aimee's law. I
commend him for his hard work in bringing this common-sense legislation
to the forefront of today's debate.
As on editorial page put it, ``Giving a one-way ticket to a sex
offender might improve the community he leaves, but it is the
equivalent of shipping toxic waste to unsuspecting States.''
The practice of returning criminals to freedom for which they can
prey on the innocent is outrageous and must stop. This body has an
opportunity to act with clarity, to demonstrate to law breakers that
are serious about keeping these violent offenders off the streets, and
from repeating these acts.
I urge passage of this amendment.
Mr. SCOTT. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the gentleman from
Virginia (Mr. Scott), the ranking member, very much for his kindness,
and I respect his position on this legislation and acknowledge the fact
that the better route would have been to have this particular
legislative initiative, as all of the amendments that we are dealing
with in these 2 days on guns and juveniles, to come through the
committee procedure.
But I want to rise in support of this amendment because I believe
that some crimes are heinous enough that deserve incarceration. It is
tragic that we face, on a daily basis, the attack of our children,
child molesters and murderers and rapists who go about our Nation and
repeat their crimes.
Right now in the State of Texas, we are fighting a serial killer
whose trail of killings have gone throughout the city of Houston into
States in the Midwest; and, still, he is not found, killing innocent
victims, ministers of gospel, elderly and young women.
The most terrible tragedy that a parent has to confront is a murdered
child. I think it is important when we begin to talk about how we solve
this problem, it is simply that we not allow them to do it again.
In the State of Texas, we attempted to place on the books a bill that
would allow incarceration without parole for heinous crimes for those
who may oppose the death penalty. We were not successful. But I think
it is extremely important that we realize that we can put murderers and
rapists and child molesters away, where they do not have an opportunity
to prey on innocent victims again.
I am saddened by the loss of Aimee and many other Aimee's and Peters
and Pauls across this Nation. As a mother, I stand up and say those
kinds of individuals must be incarcerated. If they go into another
State and are convicted, let us lock them up. I think it is a terrible
tragedy that each day we come about having to see another tragic
incident.
I know that there are other responses to the idea of repeat
offenders, but I think the best way to deal with it is to ensure that
they never see the light of day to perpetrate these offenses of murder,
rape, and child molestation again.
I ask that my colleagues support this amendment.
Mr. SALMON. Mr. Chairman, I yield 30 seconds to the gentleman from
Illinois (Mr. Weller).
(Mr. WELLER asked and was given permission to revise and extend his
remarks.)
Mr. WELLER. Mr. Chairman, I want to thank the gentleman from Arizona
(Mr. Salmon) for his leadership and his partnership in working with him
on no second chances legislation, legislation that is very simple. No
second chances for those who prey on kids, murderers, rapists, and
those who commit sexual assaults.
Fourteen thousand murders, rapes, and assaults on children have
occurred each year, and it is time to get them off the streets. When I
think of this
[[Page H4419]]
legislation, I think of a mother who came to me, Mika Moulton, a mother
of a child who was murdered in 1995, a child who would be alive today
if this legislation was law.
In particular, the murderer of Christopher Moulton is a murderer that
had already received a short sentence when he was released. This
legislation would have kept him in prison for a long time. Let us pass
it. No second chance.
Parliamentary Inquiry
Mr. SCOTT. Parliamentary inquiry, Mr. Chairman.
The CHAIRMAN. The gentleman will state his parliamentary inquiry.
Mr. SCOTT. Mr. Chairman, does this side have the right to close since
we are defending the committee position?
The CHAIRMAN. The gentleman from Virginia is correct. The gentleman
from Virginia (Mr. Scott) has the right to close.
Mr. SCOTT. Mr. Chairman, I reserve the balance of my time.
Mr. SALMON. Mr. Chairman, I yield 45 seconds to the gentleman from
Ohio (Mr. Chabot).
(Mr. CHABOT asked and was given permission to revise and extend his
remarks.)
Mr. CHABOT. Mr. Chairman, as a member of the Committee on the
Judiciary, I would like to thank the gentleman from Arizona (Mr.
Salmon) for his leadership in this area.
It is my hope that passage of this bill will make States take a hard
look at what too often are lax parole systems that will let dangerous
felons back out in society without proper safeguards.
Aimee's law includes a clear statement that it is the sense of this
Congress that any person who is convicted of a murder should receive
the death penalty or life in prison without the possibility of parole.
It also emphasizes that rapists and child molesters, criminals who are
classic recidivists, be put away for life without the possibility of
parole.
Right now, the average time served in State prison for rape is only
5\1/2\ years and for child molestation only 4 years. These criminals
are then free to do it again, and many of them do. These statistics are
outrageous, and States need to get back to it and do the right thing.
The family of Clara Swart, who was killed in my district in
Cincinnati, also endorses this legislation.
Mr. SALMON. Mr. Chairman, I yield 30 seconds to the gentlewoman from
North Carolina (Mrs. Myrick).
Mrs. MYRICK. Mr. Chairman, today the average murderer in the United
States serves only 6 years in prison. One out of ten convicted rapists
serves no jail time. Time and time again we hear about repeat offenders
out on the street repeating their crime.
It is time to draw a line in the sand. If one commits murder, rape,
or molests a child, one should spend the rest of one's life in prison.
Let us pass this amendment because some criminals do not deserve a
second chance.
Mr. SALMON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I think this really is a no-brainer, a common-sense
amendment. This amendment has been a long time in the process. There
are a lot of far greater people out there than I that have fought for
this; and for them, please let us do it.
Mr. Chairman, I yield back the balance of my time.
Mr. SCOTT. Mr. Chairman, I yield myself 2 minutes.
Mr. Chairman, this may be a no-brainer, but it would have been nice
if we had brought it up under the normal procedure so we would have
time to evaluate it.
Under this amendment, a State would have to pay if they hold somebody
for 10 years of a 20-year sentence and then let them go because they
only served half the time. But they would have an exemption if they
held them for 4 years of a 4-year sentence. If the person served all of
the time of a 4-year sentence, held them for 4 years, same offense,
they would not have to pay. If the State had held them for 10 years of
a 20-year sentence, they would have to pay.
I think it would have been nice if we had the opportunity in
committee to develop this issue, to see if it made any sense or not. We
were denied that opportunity, and, therefore, I will oppose the
amendment.
Mr. RILEY. Mr. Chairman, I rise today to support the amendment
offered by the gentleman from Arizona.
In 1996, 22 year old Aimee Willard was raped and brutally murdered by
a man who had been previously convicted of murder and later released
after serving only 12 years of a life sentence in a Nevada prison.
What a tragedy, Mr. Chairman. Aimee was a bright, energetic young
woman who had a promising future. But, her life was snuffed out by a
so-called ``model prisoner.''
Who is to blame? Certainly, Aimee's killer. But to some extent, the
State of Nevada should shoulder some of the blame. Why? because it let
out of prison a man who already proved that he was a threat to society
and who was supposed to spend the rest of his life behind bars.
One might think that this is an isolated case. But, unfortunately,
Mr. Chairman, it's not. More than 14,000 murders, rapes, and sexual
assaults are committed each year by previously convicted murderers and
sex offenders. That's outrageous.
Why are states letting these people out of jail? Maybe they just need
some more incentive to keep people behind bars.
Well, Mr. Chairman, we give them that incentive with this amendment.
In short, under Aimee's Law, states that keep criminals in jail receive
more federal crime funds. States that let criminals out of jail, who
later commit a similar crime in another state, lose a portion of those
funds. It's simple as that! I can't think of a better way of convincing
states to keep these types of criminals in jail where they belong.
I commend the gentleman from Arizona for his amendment and urge all
my colleagues to support it.
Mr. SCOTT. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Arizona (Mr. Salmon).
The question was taken; and the Chairman announced that the ayes
appeared to have it.
recorded vote
Mr. SALMON. Mr. Chairman, I demand a recorded vote.
A recorded vote was ordered.
The CHAIRMAN. Pursuant to House Resolution 209, the Chair announces
that he will reduce to a minimum of 5 minutes the period of time within
which a vote by electronic device will be taken on the Hyde amendment
No. 31 on which the Chair has postponed further proceedings.
The vote was taken by electronic device, and there were--ayes 412,
noes 15, not voting 7, as follows:
[Roll No. 212]
AYES--412
Abercrombie
Ackerman
Aderholt
Allen
Andrews
Archer
Armey
Bachus
Baird
Baker
Baldacci
Baldwin
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Bentsen
Bereuter
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop
Blagojevich
Bliley
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Brown (FL)
Brown (OH)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Capps
Capuano
Cardin
Carson
Castle
Chabot
Chambliss
Chenoweth
Clayton
Clement
Clyburn
Coble
Coburn
Collins
Combest
Condit
Cook
Cooksey
Costello
Cox
Coyne
Cramer
Crane
Crowley
Cubin
Cummings
Cunningham
Danner
Davis (FL)
Davis (VA)
Deal
DeFazio
DeGette
Delahunt
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehrlich
Emerson
Engel
English
Eshoo
Etheridge
Evans
Everett
Ewing
Farr
Fattah
Filner
Fletcher
Foley
Forbes
Ford
Fossella
Fowler
Franks (NJ)
Frelinghuysen
Frost
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goode
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Green (TX)
Green (WI)
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill (IN)
Hill (MT)
Hilleary
Hilliard
Hinchey
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Hooley
Horn
Hostettler
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Inslee
Isakson
Istook
Jackson-Lee (TX)
Jefferson
Jenkins
John
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Kanjorski
Kaptur
Kelly
Kennedy
Kildee
Kind (WI)
[[Page H4420]]
King (NY)
Kingston
Kleczka
Klink
Knollenberg
Kolbe
Kucinich
Kuykendall
LaFalce
LaHood
Lampson
Lantos
Largent
Larson
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Luther
Maloney (CT)
Maloney (NY)
Manzullo
Markey
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McDermott
McGovern
McHugh
McInnis
McIntosh
McIntyre
McKeon
McKinney
McNulty
Meehan
Menendez
Metcalf
Mica
Millender-McDonald
Miller (FL)
Miller, Gary
Miller, George
Minge
Mink
Moakley
Mollohan
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Nadler
Napolitano
Neal
Nethercutt
Ney
Northup
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Ose
Owens
Oxley
Packard
Pallone
Pascrell
Pastor
Paul
Pease
Pelosi
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pickering
Pickett
Pitts
Pombo
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Quinn
Radanovich
Rahall
Ramstad
Rangel
Regula
Reyes
Reynolds
Riley
Rivers
Rodriguez
Roemer
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Rothman
Roukema
Royce
Rush
Ryan (WI)
Ryun (KS)
Sabo
Salmon
Sanchez
Sanders
Sandlin
Sanford
Sawyer
Saxton
Scarborough
Schaffer
Schakowsky
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shows
Shuster
Simpson
Sisisky
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Spence
Spratt
Stabenow
Stark
Stearns
Stenholm
Strickland
Stump
Stupak
Sununu
Sweeney
Talent
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Thune
Thurman
Tiahrt
Tierney
Toomey
Towns
Traficant
Turner
Udall (CO)
Udall (NM)
Upton
Velazquez
Vento
Visclosky
Vitter
Walden
Walsh
Wamp
Watkins
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
Wexler
Weygand
Whitfield
Wicker
Wilson
Wise
Wolf
Woolsey
Wu
Wynn
Young (AK)
Young (FL)
NOES--15
Clay
Conyers
Frank (MA)
Jackson (IL)
Jones (OH)
Kilpatrick
Lee
Martinez
Meek (FL)
Meeks (NY)
Payne
Roybal-Allard
Scott
Waters
Watt (NC)
NOT VOTING--7
Brown (CA)
Davis (IL)
Ehlers
Houghton
Kasich
Thomas
Weiner
{time} 1816
Messrs. PETERSON of Pennsylvania, BLAGOJEVICH, UDALL of New Mexico,
and MORAN of Kansas changed their vote from ``no'' to ``aye.''
Ms. LEE changed her vote from ``aye'' to ``no.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Stated for:
Mr. EHLERS. Mr. Chairman, on rollcall No. 212, I was unavoidably
detained. Had I been present, I would have voted ``yes.''
Amendment No. 31 Offered by Mr. Hyde
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentleman from Illinois (Mr. Hyde) on
which further proceedings were postponed and on which the noes
prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 146,
noes 282, not voting 6, as follows:
[Roll No. 213]
AYES--146
Aderholt
Archer
Armey
Bachus
Baker
Bartlett
Barton
Bereuter
Bilbray
Bilirakis
Bliley
Blunt
Boehlert
Brady (TX)
Bryant
Buyer
Callahan
Calvert
Canady
Chabot
Chambliss
Chenoweth
Clement
Coburn
Collins
Combest
Cook
Cubin
Cunningham
Danner
Deal
DeLay
DeMint
Duncan
Ehlers
Emerson
English
Everett
Ewing
Franks (NJ)
Frelinghuysen
Gallegly
Gilchrest
Gillmor
Goode
Goodlatte
Goodling
Granger
Greenwood
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Hayes
Hefley
Herger
Hill (MT)
Hilleary
Hobson
Holden
Horn
Hostettler
Hunter
Hyde
Isakson
Istook
Jenkins
Johnson (CT)
Johnson, Sam
Jones (NC)
Kelly
King (NY)
Kingston
LaHood
Largent
Lazio
Lewis (KY)
Lipinski
LoBiondo
Lucas (KY)
Lucas (OK)
Maloney (CT)
McCrery
McHugh
McIntosh
McIntyre
McKeon
Metcalf
Mica
Miller, Gary
Mollohan
Norwood
Oxley
Packard
Peterson (MN)
Peterson (PA)
Pickering
Pitts
Portman
Radanovich
Ramstad
Regula
Reynolds
Riley
Rogers
Roukema
Ryun (KS)
Saxton
Sessions
Shadegg
Shays
Sherwood
Shimkus
Shows
Shuster
Simpson
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Spence
Stearns
Stenholm
Stump
Sweeney
Talent
Tancredo
Taylor (MS)
Taylor (NC)
Tiahrt
Traficant
Turner
Upton
Vitter
Walden
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
Whitfield
Wicker
Wilson
Wise
Wolf
Young (FL)
NOES--282
Abercrombie
Ackerman
Allen
Andrews
Baird
Baldacci
Baldwin
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bass
Bateman
Becerra
Bentsen
Berkley
Berman
Berry
Biggert
Bishop
Blagojevich
Blumenauer
Boehner
Bonilla
Bonior
Bono
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Burr
Burton
Camp
Campbell
Cannon
Capps
Capuano
Cardin
Carson
Castle
Clay
Clayton
Clyburn
Coble
Condit
Conyers
Cooksey
Costello
Cox
Coyne
Cramer
Crane
Crowley
Cummings
Davis (FL)
Davis (VA)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Dunn
Edwards
Ehrlich
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Fletcher
Foley
Forbes
Ford
Fossella
Fowler
Frank (MA)
Frost
Ganske
Gejdenson
Gekas
Gephardt
Gibbons
Gilman
Gonzalez
Gordon
Goss
Graham
Green (TX)
Green (WI)
Gutierrez
Hastings (FL)
Hastings (WA)
Hayworth
Hill (IN)
Hilliard
Hinchey
Hinojosa
Hoeffel
Hoekstra
Holt
Hooley
Hoyer
Hulshof
Hutchinson
Inslee
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson, E.B.
Jones (OH)
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind (WI)
Kleczka
Klink
Knollenberg
Kolbe
Kucinich
Kuykendall
LaFalce
Lampson
Lantos
Larson
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Linder
Lofgren
Lowey
Luther
Maloney (NY)
Manzullo
Markey
Martinez
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McInnis
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Miller (FL)
Miller, George
Minge
Mink
Moakley
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Nadler
Napolitano
Neal
Nethercutt
Ney
Northup
Nussle
Oberstar
Obey
Olver
Ortiz
Ose
Owens
Pallone
Pascrell
Pastor
Paul
Payne
Pease
Pelosi
Petri
Phelps
Pickett
Pombo
Pomeroy
Porter
Price (NC)
Pryce (OH)
Quinn
Rahall
Rangel
Reyes
Rivers
Rodriguez
Roemer
Rogan
Rohrabacher
Ros-Lehtinen
Rothman
Roybal-Allard
Royce
Rush
Ryan (WI)
Sabo
Salmon
Sanchez
Sanders
Sandlin
Sanford
Sawyer
Scarborough
Schaffer
Schakowsky
Scott
Sensenbrenner
Serrano
Shaw
Sherman
Sisisky
Skeen
Slaughter
Smith (WA)
Snyder
Spratt
Stabenow
Stark
Strickland
Stupak
Sununu
Tanner
Tauscher
Tauzin
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Thune
Thurman
Tierney
Toomey
Towns
Udall (CO)
Udall (NM)
Velazquez
Vento
Visclosky
Walsh
Wamp
Waters
Watt (NC)
Waxman
Weller
Wexler
Weygand
Woolsey
Wu
Wynn
Young (AK)
NOT VOTING--6
Brown (CA)
Davis (IL)
Houghton
Kasich
Thomas
Weiner
{time} 1824
Mr. LUCAS of Kentucky and Mr. METCALF changed their vote from ``no''
to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
The CHAIRMAN. It is now in order to consider Amendment No. 10 printed
in Part A of House Report 106-186.
[[Page H4421]]
Amendment No. 10 Offered by Mr. Cunningham
Mr. CUNNINGHAM. Mr. Chairman, I offer an amendment.
The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A amendment No. 10 offered by Mr. Cunningham:
At the end of the bill, insert the following:
TITLE __--MATTHEW'S LAW
SEC. __. SHORT TITLE.
This title may be cited as ``Matthew's Law''.
SEC. __2. ENHANCED PENALTIES FOR CRIMES OF VIOLENCE AGAINST
CHILDREN UNDER AGE 13.
(a) In General.--Title XVII of the Violent Crime Control
and Law Enforcement Act of 1994 is amended by adding at the
end the following:
``Subtitle C--Enhanced Penalties for Crimes of Violence Against
Children Under Age 13
``SEC. 170301. ENHANCED PENALTIES FOR CRIMES OF VIOLENCE
AGAINST CHILDREN UNDER AGE 13.
``(a) In General.--The United States Sentencing Commission
shall amend the Federal sentencing guidelines to provide a
sentencing enhancement of not less than 5 levels above the
offense level otherwise provided for a crime of violence, if
the crime of violence is against a child.
``(b) Definitions.--In this section--
``(1) the term `crime of violence' means any crime
punishable by imprisonment for a term exceeding one year that
has as an element the use, attempted use, or threatened use
of physical force against the person of another; and
``(2) the term `child' means a person who has not attained
13 years of age at the time of the offense.''.
(b) Conforming Repeal.--Section 240002 of such Act (28
U.S.C. 994 note) is repealed.
(c) Clerical Amendment.--The table of contents of such Act
is amended by striking the item relating to subtitle C of
title XVII and the items relating to sections 170301 through
170303 and inserting the following:
``Subtitle C--Enhanced Penalties for Crimes of Violence Against
Children Under Age 13
``Sec. 170301. Enhanced penalties for crimes of violence against
children under age 13.''.
SEC. __3. FEDERAL BUREAU OF INVESTIGATION ASSISTANCE
AVAILABLE TO STATE OR LOCAL LAW AUTHORITIES IN
INVESTIGATING POSSIBLE HOMICIDES OF CHILDREN
UNDER THE AGE OF 13.
To the maximum extent practicable, the Federal Bureau of
Investigation may provide to State and local law enforcement
authorities such assistance as such authorities may require
in investigating the death of an individual who has not
attained 13 years of age under circumstances indicating that
the death may have been a homicide.
The CHAIRMAN. Pursuant to House Resolution 209, the gentleman from
California (Mr. Cunningham) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California (Mr. Cunningham).
Mr. CUNNINGHAM. Mr. Chairman, Aimee Willard, Megan's Law, Polly
Klaas, now Matthew's Law. Mr. Chairman, the children I just named,
every Member in this House is tired of having to name bills after
murdered children.
I know, Mr. Chairman, this is a very bipartisan amendment. The same
amendment passed by Mr. Chrysler in the House on H.R. 2974 passed 414
votes to 4. And with that, this is something that my colleagues can
stand for.
Mr. Chairman, I yield to the gentleman from California (Mr. Packard),
a great leader.
(Mr. PACKARD asked and was given permission to revise and extend his
remarks.)
Mr. PACKARD. Mr. Chairman, I appreciate the gentleman yielding.
Mr. Chairman, I rise today in strong support of the Cunningham
amendment. This amendment will increase Federal penalties for criminals
who commit Federal crimes of violence against children.
Last November, 9-year-old Matthew Cecchi was brutally murdered in my
hometown of Oceanside, California. Matthew was not a troubled runaway,
not a child that was allowed to wander far from his parents. He simply
walked into a public restroom and moments later he was dead, the victim
of the killer who carefully stalked and hunted down a young and
helpless child. This crime shocked our community and struck fear in the
hearts of parents.
Mr. Speaker, unspeakable crimes deserve the harshest of penalties.
The Cunningham amendment ensures that those who seek to harm the
helpless are met with severe punishment. His amendment will
dramatically increase sentencing requirements for those individuals who
commit violent crimes against children under 13 years of age.
I strongly urge all of my colleagues to support this very important
amendment that will protect our Nation's children from violent crimes.
The CHAIRMAN. Does the gentleman from Michigan (Mr. Conyers) seek
time in opposition?
Mr. CONYERS. Yes, I do, Mr. Chairman.
The CHAIRMAN. The gentleman from Michigan is recognized for 5
minutes.
Mr. CONYERS. Mr. Chairman, could I ask the gentleman that has
promoted the amendment, how much time did the awful murderer of 9-year-
old Matthew Cecchi get? What was his sentence?
Mr. CUNNINGHAM. Mr. Chairman, if the gentleman would yield, I do not
know the answer to that.
{time} 1830
Mr. CONYERS. Mr. Chairman, let me just point out two things.
I think that would be pretty important in this kind of a matter
because the implication is, of course, that there was an insufficient
sentencing of the killer of this 9-year-old boy.
The second point I would like to make is that the State handles most
of these kinds of crimes, and to my knowledge these are not normally
Federal issues, and finally, the U.S. Sentencing Commission is the body
that we established in the Congress to make sentencing recommendations
independent of the political process. Now if for some reason we were
dissatisfied with them, then we may want to communicate that through
the Committee on the Judiciary which regularly brings and hears reports
from the Sentencing Commission.
So I just want to point out that this may not be the most orderly way
to pass criminal statutes raising the Sentencing Commission's levels in
this way.
Mr. Chairman, I reserve the balance of my time.
Mr. CUNNINGHAM. Mr. Chairman, I yield myself such time as I may
consume.
I would tell my friend that this is the same, actually the same
language. I will not submit this for the Record in the full House
because it is almost the same verbatim that the gentleman spoke to with
Mr. Chrysler about the commission. I am very familiar with the
commission. As a matter of fact, the gentleman here goes through 15
minutes of dialogue on how that it should not be germane, that it was
political. This vote was 14 to 4, and the gentleman from Michigan (Mr.
Conyers), who wrote consenting language, actually ended up voting for
it after fighting it on the floor.
I would say to the gentleman this is about leadership in this House
and in the body. It is not about a particular person. Whether we have
Aimee or Megan's Law or whoever you have, this is an important factor.
This goes after the family values of this body. It also tells people in
this time of summer when people are going on vacations that our parks
and recreation areas are for children, not for murderers.
Mr. Chairman, I reserve the balance of my time.
Mr. CONYERS. Mr. Chairman, I yield such time as he may consume to the
gentleman from North Carolina (Mr. Watt).
Mr. WATT of North Carolina. Mr. Chairman, I appreciate the gentleman
yielding this time to me, and I rise in opposition to this amendment
not because it may not be a worthwhile thing to do, to increase the
offense level for such a heinous crime by five levels over what it
currently is for somebody who is 13 years or younger, but for the very
reason that my good friend, the gentleman from California (Mr.
Cunningham) just alluded to or made obvious. If every time we get
emotional in response to some criminal offense, we come onto the floor
of the United States House of Representatives and we beat our chests
and try to show America how hard we are on crime by directing that
sentences be increased, what we are doing is undermining the whole
integrity of our sentencing system in this country, and we end up with
a hodgepodge of sentences that make absolutely no sense and make a
mockery of our whole sentencing structure in this country.
That is the very reason that we put in place a U.S. Sentencing
Commission
[[Page H4422]]
so that every time somebody gets murdered and we get emotional, we do
not come in and make an emotional political response which undermines
the orderly administration of justice in this country, and colleagues
are going to see throughout this debate a number of different times
where for various reasons people are going to come in and try to
undermine the system that we have put in place through the United
States Sentencing Commission.
The reason that we have a U.S. Sentencing Commission is so that we do
not have haphazard sentencing in this country, we do not end up with a
hodgepodge of inconsistent, not well-thought-out sentencing for
criminal offenses in this country.
So it is the very reason that the gentleman from California (Mr.
Cunningham) just articulated that impels me to rise in opposition to
this amendment. We do not need to beat ourselves on the chest and show
how difficult and harsh we are on crime. We have a Sentencing
Commission that sets a uniform standard.
Mr. CUNNINGHAM. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I think the gentleman on the other side of the aisle
knows me well enough. I have never had to beat on my chest. Life has
been difficult at times, and I have always carried through with action.
If the gentleman says that I am emotional about children being
murdered in the vernacular, I plead guilty. I am very emotional about
it, and I know the gentleman is about it, too, and I am not suggesting
that he is not.
I do not have much time, only 5 minutes, but this was the same
arguments about the Sentencing Commission. As a matter of fact, the
gentleman from Michigan (Mr. Conyers) made this. I would be happy to
submit it to the Record in the full body, the same exact verbiage right
down the line, and 414 people said that the gentleman was wrong. Mr.
Conyers, who spoke in the same language that the gentleman about the
Sentencing Commission, ended up voting for the legislation after he
made the same statements that the gentleman just made.
Mr. WATT of North Carolina. Mr. Chairman, will the gentleman yield?
Mr. CUNNINGHAM. I yield to the gentleman from North Carolina.
Mr. WATT of North Carolina. Mr. Chairman, I appreciate the gentleman
yielding. Just because 400 and some people vote for something is the
very reason that I am saying we are in a political position here, and
sometimes we cannot afford not to vote for something, and that is why
we took this sentencing process out of politics, so that we would have
a reasonable and rational sentencing policy in this country.
It is not that I am not emotional about it, I am emotional about it.
Mr. CUNNINGHAM. Reclaiming my time, Mr. Chairman, let me read to the
gentleman what the Sentencing Commission itself says.
If Congress feels that additional measures need to be taken in this
area, it should direct the commission to take them without
micromanaging the commission's work. In order they have asked us to do
this, and this is exactly the reason that we have gone forward. The
Senate did not have time to take this bill up last time. We feel just
like in Aimee's law or Megan's Law every single thing that we do to
help prevent children being murdered is a plus, and this is a win, this
is a win-win and a positive in a crime bill that we are trying to fight
for.
As my colleagues know, I wanted to call Megan's law Duke-Dunn-Deale
because Jennifer Dunn and Nathan Deal were the ones that really started
it, and I kind of piggy-backed on it. But they were the same things
said, and I would challenge the gentleman to look on the computer. I
used to think there were 1 or 2 bad sexual abusers, there are hundreds
in your district.
Mr. Chairman, I thank the gentleman and I ask for the support of this
amendment.
The CHAIRMAN. All time for debate on this amendment expired.
The question is on the amendment offered by the gentleman from
California (Mr. Cunningham).
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Mr. CUNNINGHAM. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to House Resolution 209, further proceedings
on the amendment offered by the gentleman from California (Mr.
Cunningham) will be postponed.
The CHAIRMAN. It is now in order to consider amendment No. 11 printed
in part A of House Report 106-186.
Amendment No. 11 Offered by Mr. Green of Wisconsin
Mr. GREEN of Wisconsin. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A amendment No. 11 offered by Mr. Green of Wisconsin:
Add at the end the following:
SEC. __. MANDATORY LIFE IMPRISONMENT FOR REPEAT SEX OFFENDERS
AGAINST CHILDREN.
(a) Amendment of Title 18, United States Code.--Section
3559 of title 18, United States Code, is amended by adding at
the end the following new subsection:
``(e) Mandatory Life Imprisonment for Repeated Sex Offenses
Against Children.--
``(1) In general.--A person who is convicted of a Federal
sex offense in which a minor is the victim shall be sentenced
to life imprisonment if the person has a prior sex conviction
in which a minor was the victim, unless the sentence of death
is imposed.
``(2) Definitions.--For the purposes of this subsection--
``(A) the term `Federal sex offense' means an offense under
section 2241 (relating to aggravated sexual abuse), 2242
(relating to sexual abuse), 2243 (relating to sexual abuse of
a minor or ward), 2244 (relating to abusive sexual contact),
2245 (relating to sexual abuse resulting in death), or 2251A
(relating to selling or buying of children), or an offense
under section 2423 (relating to transportation of minors)
involving the transportation of, or the engagement in a
sexual act with, an individual who has not attained 16 years
of age;
``(B) the term `prior sex conviction' means a conviction
for which the sentence was imposed before the conduct
occurred forming the basis for the subsequent Federal sex
offense, and which was for either--
``(i) a Federal sex offense; or
``(ii) an offense under State law consisting of conduct
that would have been a Federal sex offense if, to the extent
or in the manner specified in the applicable provision of
title 18--
``(I) the offense involved interstate or foreign commerce,
or the use of the mails; or
``(II) the conduct occurred in any commonwealth, territory,
or possession of the United States, within the special
maritime and territorial jurisdiction of the United States,
in a Federal prison, on any land or building owned by, leased
to, or otherwise used by or under the control of the
Government of the United States, or in the Indian country as
defined in section 1151;
``(C) the term `minor' means any person under the age of 18
years; and
``(D) the term `State' means a State of the United States,
the District of Columbia, and any commonwealth, territory, or
possession of the United States.''.
(b) Title 18 Conforming and Technical Amendments.--
(1) Section 2247.--Section 2247 of title 18, United States
Code, is amended by inserting ``, unless section 3559(e)
applies'' before the final period.
(2) Section 2426.--Section 2426 of title 18, United States
Code, is amended by inserting ``, unless section 3559(e)
applies'' before the final period.
(3) Technical Amendments.--Sections 2252(c)(1) and
2252A(d)(1) of title 18, United States Code, are each amended
by striking ``less than three'' and inserting ``fewer than
3''.
The CHAIRMAN. Pursuant to House Resolution 209, the gentleman from
Wisconsin (Mr. Green) and a Member opposed each will control 10
minutes.
The Chair recognizes the gentleman from Wisconsin (Mr. Green).
Mr. GREEN of Wisconsin. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, today we debate and consider legislation aimed at
protecting our young people from crime and violence. Well, Mr.
Chairman, I rise today to offer an amendment aimed at protecting our
children from a particularly devastating form of violence, and that is
sexual violence. The amendment is known as the Two Strikes and You Are
Out Child Protection Act. It is similar to my bill, H.R. 1989, which
enjoys bipartisan cosponsorship. Furthermore, it builds upon the fine
work done by my colleague from Texas (Mr. Frost) and his law known as
the Amber Hagerman Child Protection Act of 1996.
Now this is really a very simple proposal. It provides for a life
sentence for those sick individuals who repeatedly prey on our
children. This amendment says something very simple. It says
[[Page H4423]]
that if someone is arrested and convicted of a serious sex crime
against kids and then, after serving that time they do it yet again,
under this plan, Mr. Chairman, they will go to prison for the rest of
their life.
Now almost as important as what this bill does is what it does not
do. This bill in no way conflicts with the fine work of my colleague
the gentleman from Texas (Mr. Frost). It builds upon it. It makes it
stronger, just as it builds upon the three strikes and you are out law
passed by this Congress several years ago.
This bill does not federalize in any way our sexual assault laws, and
finally, this bill does not simply pile criminal penalties on for
sexual assaults. It has been narrowly drafted to target a very small
group of individuals, but individuals who cause so very much damage and
destruction in our society, damage to children, damage to families,
damage to communities. It focuses on those who repeatedly molest our
children.
Mr. Chairman, in my home State of Wisconsin 77 percent of all sexual
assault victims are juveniles, and the recidivism rate of the monsters
who prey on these children is extraordinarily high. An Emory University
report done some years ago suggested that the average child molester
will commit 150 acts of child molestation during his lifetime, 150.
Furthermore, there is actually a study from the Washington Post that
suggests the number is higher, perhaps twice as high. I know these
numbers sound unbelievable, I know we do not want to believe them, but
unfortunately they are real, and they demand our action. Every time one
of these sexual offenders offends, he destroys another life, he steals
innocence yet again. When we find someone who has done this terrible
act, after having served time for doing it before, in my view that
person is self-defiant. He has shown us that he is unwilling or unable
to stop his chain of violence.
This amendment, I admit, is not about punishment, it is not about
deterrence. Quite simply, this amendment is about removing bad actors
from society, keeping them away from our friends, our families, our
streets.
Now many of my colleagues are familiar with my good friend Mark
Klaas, whose name has come up quite a bit in the debate today, and as
many of my colleagues are aware, he is a dedicated child safety
advocate. He is the founder of the Mark Klaas Foundation for Kids.
{time} 1845
The story is unfortunately all too famous. His daughter, Polly, 12
years old, was kidnapped from her home in California, brutally molested
and murdered. I have in fact here in my file a letter from Mr. Klaas
strongly supporting the amendment that we have here today.
I would also like to recognize, once again, the great work done by my
colleague, the gentleman from Texas (Mr. Frost) who offered the Amber
Hagerman Child Protection Act of 1996. The gentleman from Texas (Mr.
Frost) was successful in creating a Federal two-strikes law covering
the crime of aggravated sexual abuse. I commend his work and I hope to
build on his achievement today.
This bill creates a new repeat offender clause, or a two-strikes
provision. It not only includes aggravated sexual abuse, but it also
includes other serious sex crimes as well. Crimes like sexual abuse of
juveniles, the selling and buying of children, and the transportation
of those under 16 for illicit, illegal sexual activity. I would also
like to point out that under this amendment, just as with the Frost
amendment, previously State offenses which would have qualified as a
Federal crime, a Federal strike, had they been prosecuted as such,
would count as a strike.
Mr. Chairman, I urge all of my colleagues to support this common-
sense, yet very important child protection amendment. If my colleagues
want to strike back at the alarming rate of sexual offenses against
kids, my colleagues will support this amendment. I hope that they do.
Mr. Chairman, I reserve the balance of my time.
Mr. CONYERS. Mr. Chairman, I rise in opposition.
The CHAIRMAN. The gentleman from Michigan (Mr. Conyers) is recognized
for 10 minutes.
Mr. CONYERS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I would begin by pointing out that we are now in the
slippery slope of mandatory minimums, and there is a question about the
policy wisdom of mandatory minimums that would affect this kind of an
amendment. We are taking judicial discretion in individual cases away
from the judge and unless there is some compelling reason that this
discretion in the judiciary has been abused, or that there are more and
more cases coming into the Federal system, this seems to be another
emotional statement in the form of an amendment that we are now dealing
with.
Mr. Chairman, I reserve the balance of my time.
Mr. GREEN of Wisconsin. Mr. Chairman, I yield myself such time as I
may consume.
I certainly agree with my learned colleague from Michigan. This is a
very emotional subject, there are no two ways about it. Of course the
day we cease to be emotional about child molestation is the day I cease
to be proud to serve in this institution, and I know the gentleman
shares that sentiment. I respect his opinion, and that is why this
proposal is so carefully and narrowly tailored. It is built upon the
three-strikes proposal that was passed by a democratically-controlled
Congress some years ago. It is also based upon the proposal of the
gentleman from Texas (Mr. Frost) which again I commend.
I took to heart the gentleman's arguments on a previous matter in
which he talked about adding clutter, I think was the term, to the law,
and was concerned about a lack of clarity when we take sentencing away
from the Sentencing Commission. I respect that. In the case, though, of
this proposal, I would submit that we add clarity and simplicity to the
law, because we send a very strong signal with it. Instead of having
conflicting terms and sending conflicting signals, this one is rather
simple. Again, this is based upon the three-strikes law which this
institution has previously passed and which many, if not most, States
in the Nation have.
Mr. Chairman, I reserve the balance of my time.
Mr. CONYERS. Mr. Chairman, I yield such time as he may consume to the
distinguished gentleman from Virginia (Mr. Scott).
Mr. SCOTT. Mr. Chairman, one of the problems of doing this outside of
the committee is that we do not have the opportunity to research and
figure out exactly what the impact of the amendment is.
Section 2241 of the code already has a two-strikes provision. If I
could engage the gentleman from Wisconsin in a colloquy, I would like
to inquire of him, how does this amendment change present Federal law?
Mr. GREEN of Wisconsin. Mr. Chairman, will the gentleman yield?
Mr. SCOTT. I yield to the gentleman from Wisconsin.
Mr. GREEN of Wisconsin. Mr. Chairman, with respect to this provision,
it would not. It would essentially recodify the proposal and position
of the gentleman from Texas (Mr. Frost).
What this bill does is create a two-strikes provision, a new
provision within Federal law; codifies the proposal of the gentleman
from Texas (Mr. Frost) and puts that within that. It does not in any
way conflict with it.
Mr. SCOTT. Mr. Chairman, reclaiming my time, it does not conflict,
but what does it apply to? Because it appears, looking through all of
these sections, that some crimes for which one could get probation, two
of those would result in a life imprisonment.
I mean that is why we have a Sentencing Commission. They can go
through this to determine what the appropriate sentence would be, and
we are having a great deal of problems trying to determine all of the
areas to which it might apply. It obviously applies to the very serious
sexual offenses, but there are a lot of offenses listed in there,
touching through clothing, for example, that it may apply to, and two
offenses of that for which probation would probably be the sentence
would result in a mandatory life sentence. Is that right?
Mr. GREEN of Wisconsin. Mr. Chairman, if the gentleman would yield,
which part is the gentleman's question?
[[Page H4424]]
Mr. SCOTT. Mr. Chairman, reclaiming my time, what else does it apply
to other than section 2241? What kinds of activities does it apply to?
Mr. GREEN of Wisconsin. Mr. Chairman, if the gentleman will yield, it
explicitly provides, section 2241, as the gentleman referred to, the
aggravated sexual abuse, which is currently the maximum sentence is any
term of years or life. It provides for sexual abuse for which the
sentence is 20 years; sexual abuse of a minor, 15-year penalty; abuse
of sexual contact, 12-year penalty; sexual abuse resulting in death
which is a term of years or life or capital punishment; the buying and
selling of children, not less than 20 years; and the transportation of
minors across State lines for illegal sexual purposes.
I would also remind the gentleman that we are talking in all of these
cases about a second offense. So the individual that we are referring
to here must have been arrested, convicted, and served his time for a
previous commission of such an offense.
Mr. SCOTT. Mr. Chairman, reclaiming my time, are there any offenses
in here that if one does twice, do the sentencing guidelines now
provide for a year or less for any predicate offenses that the
gentleman is describing?
Mr. GREEN of Wisconsin. Mr. Chairman, if the gentleman will continue
to yield, the information that I just gave the gentleman, the
information I have on the sentences reaches those crimes.
Mr. SCOTT. Mr. Chairman, the gentleman has crimes that are very
serious crimes. My question was, are there any crimes for which the
sentencing guidelines now are a year or less?
Mr. GREEN of Wisconsin. Mr. Chairman, it covers no other crimes
besides the ones that I have stated to the gentleman.
Mr. SCOTT. Do any of those crimes provide for a penalty by sentencing
guidelines of a year or less?
Mr. GREEN of Wisconsin. I have given the gentleman the maximum
sentences that I have under these.
Mr. SCOTT. What I have asked for is for sentences for which the
normal punishment is a year or less. Are there any of those covered?
Mr. GREEN of Wisconsin. Mr. Chairman, I have just given the gentleman
the information that I have.
Mr. SCOTT. Mr. Chairman, we cannot get an answer to the question, and
that is the problem with trying to do this on the floor and not in
committee.
Mr. Chairman, I reserve the balance of my time.
Mr. GREEN of Wisconsin. Mr. Chairman, how much time do I have
remaining?
The CHAIRMAN. The gentleman from Wisconsin (Mr. Green) has 3 minutes
remaining; the gentleman from Michigan (Mr. Conyers) has 5 minutes
remaining.
Mr. GREEN of Wisconsin. Mr. Chairman, I yield 1 minute to the
gentleman from Florida (Mr. Foley).
Mr. FOLEY. Mr. Chairman, I strongly urge passage of the Green
amendment to put repeat sex offenders behind bars once and for all.
When a child is robbed of his innocence by a sex offender, there are
no second chances for that child. The little boy or girl must carry the
shame, the fear, and the hurt for the rest of their life. Ironically,
when a sex offender is released from prison, they do have a second
chance to change the course of their life. There are considerable
resources available for them to get treatment and counseling so that
they can control their problems. Studies show that a considerable
number of sex offenders have molested more than one child before and
after their first conviction.
Once a sex offender is caught, they must be punished and treated
immediately so that more children are not put in danger. The average
convicted child molester only spends 2.2 years in prison. Sex offenders
cannot be allowed to repeat their crimes. We cannot continue to put our
children at risk, and I strongly support the Green amendment on two
strikes.
Mr. CONYERS. Mr. Chairman, I yield myself such time as I may consume.
To the distinguished author of the amendment, might I try to make the
point that the gentleman from Virginia was discussing in a little bit
different way?
What the concern is, is whether or not this amendment allows a
misdemeanor State offense such as a misdemeanor sexual battery as a
predicate offense. And if it does, the gentleman sees the problem of
some very minor offenses, a couple, that would then bring us into a
mandatory life sentence.
This could move us into the cruel and unusual punishment prohibition
of the eighth amendment, and I ask my colleague if there has been
consideration of this point. I raise it again because we have not had
hearings.
Could the gentleman comment on that?
Mr. GREEN of Wisconsin. Mr. Chairman, will the gentleman yield?
Mr. CONYERS. I yield to the gentleman from Wisconsin.
Mr. GREEN of Wisconsin. Mr. Chairman, first off, I appreciate the
point. I do better appreciate the question now that it was raised. The
answer to the first question about misdemeanor State offense is no, it
would not be covered by this.
Secondly, this is the law in Wisconsin already, and this has been the
law for some time in Wisconsin. Obviously, I keep referring back, we
have a three-strikes law here on the Federal level that would cover
many of these same crimes and we have a three-strikes law that would
cover many of these same types of crimes in nearly every State in the
Union. Again, we are talking about repeated offenses; an offense that
is committed after someone has been arrested and convicted of one of
these offenses, and that after having served his time, doing it yet
again.
Mr. CONYERS. Mr. Chairman, reclaiming my time, I thank the gentleman.
Does the gentleman appreciate that had we had a hearing in the
Subcommittee on Crime, these kinds of questions might not have been
raised here in a colloquy fashion which we have to research the answers
on after the debate, and unfortunately, after the vote. But I see where
the gentleman is coming from. He is assuring us that these would all be
serious felonies that would result in a mandatory life sentence by
virtue of this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. GREEN of Wisconsin. Mr. Chairman, I yield 30 seconds to the
distinguished gentleman from Florida (Mr. McCollum).
Mr. McCOLLUM. Mr. Chairman, I certainly support this amendment. I
concur with the gentleman from Michigan that this is unfortunate in
many ways. We have a number of amendments out here that might have been
separate bills going through our subcommittee and ironed some of these
things out, but I am being reassured by staff who have looked over this
that we are not indeed trampling on anything that would be a minor
offense. These are major offenses the gentleman is talking about. These
are major sex offenders. They are repeat offenders. And I certainly,
for one, believe that we ought to put them away as the gentleman from
Wisconsin wants to do, so I strongly support his amendment, and I thank
him for offering it.
{time} 1900
Mr. GREEN of Wisconsin. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, I would just briefly summarize. I appreciate
gentleman's concerns about the lack of a hearing. I did not choose the
pace with which this moved.
But let me say this, today we are taking or seizing upon a historic
opportunity to not only punish young offenders, but hopefully create
protections for young victims. That is obviously what this is all
about.
This is a commonsense measure, not a radical departure from law. We
have a two strikes and you are out for some sexual offenses, for one
type of sex crime we have a three strikes law.
This is a commonsense proposal. It says that for a narrow class of
criminals, those who repeatedly prey upon young people, we cannot wait
around for three strikes. Three strikes is too many: Too many
criminals, too many victims.
This bill says if we find someone who has done it a second time, they
are a self-defined repeat offender and we must remove them for the sake
of our children, our families, and our communities.
Mr. Chairman, I yield back the balance of my time.
[[Page H4425]]
Mr. CONYERS. Mr. Chairman, I yield 1 minute to the gentleman from
Virginia (Mr. Scott).
Mr. SCOTT. Mr. Chairman, I will not take the full minute. I would
just point out that one of the reasons we have a problem is the term in
the bill is ``Federal sexual offense.'' The code goes back and forth
between what a sexual act is and what sexual contact means. Sexual
contact could be patting someone on the rear end. If that is what we
are talking about, getting two offenses of that and getting life
imprisonment, it is obviously out of control.
That is why we need a committee hearing, so we can actually
deliberate and get a straight answer to the questions we have been
asking. We have been denied that, and here we are, looking at a
mandatory life imprisonment potentially on information that we cannot
quite understand because it is presented outside of the regular order.
Mr. CONYERS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, the committee finds itself at some point of difficulty
here. It would seem to me, especially with the comments of the Chair of
the subcommittee and the ranking member of the Subcommittee on Crime,
that this amendment, as salutory as it is intended to be, might better
serve the purpose of an orderly process if it were withdrawn at this
time for a committee review.
The gentleman from Wisconsin (Mr. Green) has made a very good and
strong case, but it seems to me that we are leaving some things that
really have to be researched by staff, and that we might be able to
proceed on this very quickly as a freestanding bill. After all, we
still have a great number of months remaining before this term is over,
and my fears have not been allayed.
It would seem to me that this juvenile justice bill itself would not
be harmed in any way were the gentleman to accede to my invitation.
The CHAIRMAN. All time for debate on this amendment has expired.
The question is on the amendment offered by the gentleman from
Wisconsin (Mr. Green).
The amendment was agreed to.
It is now in order to consider amendment No. 12 printed in Part A of
House Report 106-186.
Amendment No. 12 Offered by Mr. Canady of Florida
Mr. CANADY of Florida. Mr. Chairman, pursuant to the rule, I offer an
amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A amendment No. 12 offered by Mr. Canady of Florida:
Add at the end the following:
SEC. . INCREASE OF AGE RELATING TO TRANSFER OF OBSCENE
MATERIAL.
Section 1470 of title 18, United States Code, is amended by
striking ``16'' each place it appears and inserting ``18''.
The CHAIRMAN. Pursuant to House Resolution 209, the gentleman from
Florida (Mr. Canady) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Florida (Mr. Canady).
Mr. CANADY of Florida. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, for decades it has been a Federal crime to distribute
in interstate commerce material that is obscene; that is, material
which is patently offensive, sexually explicit, and without serious
value. As it has been defined by the Supreme Court, obscenity is by
definition outside the protection of the First Amendment of the United
States Constitution.
Last year this Congress passed a law which has been codified at 18
U.S.C., section 1470, providing enhanced penalties for distributing
this illegal obscene material to children under 16 years of age. Under
this law, purveyors of obscenity under the age of 16 are subject to
imprisonment for up to 10 years, rather than 5 years.
The amendment I have submitted would simply increase the age of the
minors to which the prohibition would apply from children under 16
years of age to children under 18 years of age. There is no reason why
Congress should not fully protect all minors from obscene material.
Again, I would point out to my colleagues that the material we are
talking about here is material which, by definition, is unprotected
under the First Amendment. I believe that those who provide such
material to minors should be singled out for a harsher penalty. This
proposal that is before the House now would simply ensure that all
minors receive the protection of the law that was passed last year
protecting minors under 16 years of age.
I would urge my colleagues to support this simple amendment.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. Does the gentleman from Michigan (Mr. Conyers) seek
time in opposition?
Mr. CONYERS. Mr. Chairman, I move to strike the last word, rather
than seek time in opposition.
The CHAIRMAN. The gentleman is unable to strike the last word.
Without objection, the gentleman from Michigan is recognized to
control 5 minutes in opposition.
There was no objection.
Mr. CONYERS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I wanted to point out to the gentleman from Florida
(Mr. Canady), who I believe is a member of the Subcommittee on Crime,
that it would have been my hope that we would have brought this through
the committee process.
I have no objection to the measure. As a matter of fact, on its face
I quite agree with it. But it is this process that could have quite as
easily brought this to the floor through the full committee and the
subcommittee.
I was wondering if there were some reason that it did not happen that
way.
Mr. CANADY of Florida. Mr. Chairman, will the gentleman yield?
Mr. CONYERS. I yield to the gentleman from Florida.
Mr. CANADY of Florida. Mr. Chairman, let me express to the gentleman
from Michigan my agreement that it would be preferable for us to move
all items through the committee process. That is my preference. I would
have preferred for this whole process to be operated differently.
But I will tell the gentleman that it is my view that this process is
going the way it is because there are certain people not on this side
of the aisle who decided that they were going to force the issue, that
we could not act quickly enough to satisfy them. We are going through
the process we are going through now to avoid the disruption of the
process of the House that would have otherwise incurred. I believe that
is the reality of why we are here today.
Frankly, I think it is unfortunate. I would have preferred to see
hearings and markups conducted on all these matters. But under the
circumstances, I think we are dealing with this in the best way
possible, given the determination, the apparent determination, of some
people to disrupt the legislative process unless these issues were
brought to the floor immediately.
Mr. CONYERS. Mr. Chairman, I thank the gentleman for his response. I
happen to recall that the juvenile justice markups were canceled on
one, two, three, maybe four different occasions, and I do not think
that whatever the objection that anybody on the Committee on the
Judiciary may have had to any of the substance, I do not think this
would have run into any difficulty. I do not think the gentleman
imagines that this was part of whatever the problem was.
Mr. CANADY of Florida. I would certainly agree. I would hope that all
the Members of the House could support this amendment. I believe it is
appropriate for us to be dealing with this very simple amendment at
this point.
Mr. CONYERS. Mr. Chairman, I have three sentences on this. The fact
of the matter is that legislating from the floor on matters of Federal
criminal law is not the most orderly process in the world, even when it
appears to be a matter that we can all, on the surface, support.
I refer to the immediately preceding amendment offered by the
gentleman from Wisconsin (Mr. Green), which certainly sounds
appropriate, but we ran into a problem. In the 10 minutes we have been
debating this measure we have not run into a problem, but it is not
beyond my understanding that there might be a problem in here.
I do not think our staff has spent much time on this. There have been
no hearings. As I have indicated, I support the measure, from what I
have heard of it on the floor. It still is not an orderly way to
proceed. I regret that we had to
[[Page H4426]]
do it this way. I am sorry that whatever concerned persons did not
cooperate so that these hearings in the committee could be scheduled. I
do not think it was around this measure, which is coming to my
attention rather late.
So Mr. Chairman, I have no objection to this amendment offered by the
gentleman from Florida (Mr. Canady). I do put the committee on notice
that I am going to ask my staff to continue to research the matter and
bring to the gentleman's attention anything that may be the fruits of
that research.
Mr. CANADY of Florida. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, just in responding to the gentleman's point, I would
observe that it is not at all unusual for Members to go to the
Committee on Rules with an amendment which has not been through the
committee process, to have that amendment made in order, and then have
it debated on the floor without the benefit of hearings.
So the fact that this amendment is here without having been through
the hearing process is by no means extraordinary. I am sure the
gentleman from Michigan has brought amendments to the floor that have
not been through the committee process. I do not have examples, but I
do not think we would have to search far or wide to find examples of
the gentleman from Michigan doing that. That is nothing that is against
that.
I do agree with the gentleman's general point, that it is better to
work issues through the process, but that does not mean that every
amendment has to be considered in that way. I certainly think in
amendments such as this that the gentleman, as I understand it, agrees
to, that it is appropriate for us to bring them to the floor.
I urge all the Members to support this amendment that I think really
more than anything else corrects an oversight in the law that we passed
last year, and frames that law more appropriately than we did in the
last Congress.
The CHAIRMAN. All time for debate on this amendment has expired.
The question is on the amendment offered by the gentleman from
Florida (Mr. Canady).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 13 printed
in Part A of House Report 106-186.
Amendment No. 13 Offered by Mrs. Kelly
Mrs. KELLY. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A amendment No. 13 offered by Mrs. Kelly:
Add at the end the following new section:
SEC. __. CHILD HOSTAGE-TAKING TO EVADE ARREST OR OBSTRUCT
JUSTICE.
(a) In General.--Chapter 55 of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1205. Child hostage-taking to evade arrest or obstruct
justice
``(a) In General.--Whoever uses force or threatens to use
force against any officer or agency of the Federal
Government, and seizes or detains, or continues to detain, a
child in order to--
``(1) obstruct, resist, or oppose any officer of the United
States, or other person duly authorized, in serving, or
attempting to serve or execute, any legal or judicial writ,
process, or warrant of any court of the United States; or
``(2) compel any department or agency of the Federal
Government to do or to abstain from doing any act;
or attempts to do so, shall be punished in accordance with
subsection (b).
``(b) Sentencing.--Any person who violates subsection (a)--
``(1) shall be imprisoned not less than 10 years and not
more than 25 years;
``(2) if injury results to the child as a result of the
violation, shall be imprisoned not less than 20 years and not
more than 35 years; and
``(3) if death results to the child as a result of the
violation, shall be subject to the penalty of death or be
imprisoned for life.
``(c) Definition.--For purposes of this section, the term
`child' means an individual who has not attained the age of
18 years.''.
(b) Clerical Amendment.--The table of sections for chapter
55 of title 18, United States Code, is amended by adding at
the end the following new item:
``1205. Child hostage-taking to evade arrest or obstruct justice.''.
The CHAIRMAN. Pursuant to House Resolution 209, the gentlewoman from
New York (Mrs. Kelly) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from New York (Mrs. Kelly).
Mrs. KELLY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise today for the purpose of offering an amendment
that addresses the problem of children being taken as hostages. Far too
many scenarios have been documented in which children are taken as
hostages and exposed to violence, emotional trauma, or physical harm at
the hands of adults.
For example, in New York a woman's estranged husband took her and
their three children hostage at the point of a loaded shotgun. He held
them for nearly 4 hours, and at one point he allegedly traded his 7-
year-old son for a pack of cigarettes.
In Texas a man took 80 children hostage at an area day care facility.
They were held at gunpoint and released over a 30-hour period before
the standoff was brought thankfully to a nonviolent conclusion.
In Florida a suspected drug addict and murderer held two children
ages 2 and 4 hostage for 2\1/2\ days. An entire Orlando neighborhood
was evacuated during the standoff. Only when he threatened to use the
children as human shields did a SWAT team rescue the children in a raid
that resulted in the death of the suspect.
In Baltimore a man broke into a second-floor apartment, stabbing a
young mother and holding her 9-month-old child hostage for 2 hours
before a quick response team could rescue the baby and apprehend the
suspect.
{time} 1915
Situations such as these are unacceptable and cannot be tolerated. We
in Congress must do our part to prevent scenarios in which children are
used as pawns by a violent adult.
The amendment I offer today is based on my bipartisan legislation,
H.R. 51, and will give new protection to our children. It establishes
the strictest punishments for those who would evade arrest or obstruct
justice by using children as hostages. This provision toughens
penalties against any person who takes a child 18 years of age or
younger hostage in order to resist, compel or oppose the Federal
Government.
Such a person would serve a minimum sentence of 10 years to a maximum
of death depending on the extent of injury to the child.
A number of States, including California, Illinois, Florida, are
already enforcing tougher penalties on people convicted of stealing
children for their own personal gain.
I ask my colleagues to join me in this important effort to protect
the lives and well-being of our Nation's children. It is my hope that
together we can make our Nation a safer place for everyone, especially
those who are least able to protect themselves.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. Does the gentleman from Michigan (Mr. Conyers) claim
the time in opposition?
Mr. CONYERS. Yes, Mr. Chairman.
The CHAIRMAN. The gentleman from Michigan (Mr. Conyers) is recognized
for 5 minutes.
Mr. CONYERS. Mr. Chairman, I yield as much time as he may consume to
the gentleman from Virginia (Mr. Scott), the ranking member of the
Subcommittee on Crime.
Mr. SCOTT. Mr. Chairman, this bill, again, did not go through the
committee so we do not know the impact. The gentlewoman from New York
(Mrs. Kelly) has mentioned several heinous crimes and has not indicated
what time was given to those people upon conviction. It would be
interesting to see what the Sentencing Guidelines would say in those
situations.
Without a hearing, it is difficult to determine what impact this
would have one way or the other and, therefore, Mr. Chairman, again, it
shows that we are just out here trading sound bites, who can come up
with a name for a bill, who can come up with and state a heinous crime
and then raise whatever the penalty it was to something we do not know
what it is.
Mrs. KELLY. Mr. Chairman, will the gentleman yield?
Mr. SCOTT. I yield to the gentlewoman from New York (Mrs. Kelly), and
ask if she would give us an idea of how much time was given in each of
those cases that she mentioned. It would be helpful.
[[Page H4427]]
Mrs. KELLY. Mr. Chairman, quite frankly, I cannot give the gentleman
that information because I did not bring it to the floor with me. It
may be important for the gentleman to recognize the fact that this
amendment that I am offering passed the floor of the House last year.
It passed not only with the membership of the Republican Party but also
with a number of Members of the Democratic Party supporting this bill,
as they again do this year.
Mr. SCOTT. Reclaiming my time, Mr. Chairman, I am sure it would
probably pass. I just wanted to know what we were doing. Apparently we
will not find out.
Mrs. KELLY. Mr. Chairman, I yield 1\1/2\ minutes to my colleague, the
gentleman from New York (Mr. Gilman).
(Mr. GILMAN asked and was given permission to revise and extend his
remarks.)
Mr. GILMAN. Mr. Chairman, I rise to make a strong statement for the
protection of America's children. Time and time again we speak of our
children as our Nation's most precious possession. This amendment, the
Kelly amendment, sends that message to our children. I commend the
gentlewoman from New York (Mrs. Kelly) for introducing this
legislation.
Just this month two fugitives were arrested after kidnapping a five-
month-old boy from a Georgia trailer park to escape capture. After
fleeing for 4 days across half a dozen States, the fugitives were
finally apprehended in Quebec. Fortunately, the child was unharmed and
returned to his parents.
Crimes like this must not be taken lightly. This Kelly amendment
toughens penalties against any person who dares to take a child hostage
in order to evade arrest. This amendment provides any criminal bringing
a child as a hostage into a crime will spend 10 years in prison; harm
that child, he serves 20 years in prison; and should the child die, the
perpetrator will serve life or be subject to the death penalty.
Today Congress is considering sending a message to America's
communities about safety for our Nation's children. We are considering
legislation that will give communities the tools, the opportunity and
protection they want to give their children, a safe environment in
which to grow up. However, this legislation must also send a message to
those communities that America will not take any threat to their
children lightly. This amendment clarifies that message.
Accordingly, I urge our colleagues to support the Kelly amendment.
Mr. CONYERS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this proposal is similar to those that are imposed upon
adult offenders of the drug and firearms laws, but what we are doing is
promoting the use of mandatory minimums because it is concerned with
punishment and not prevention.
We have yet to realize that prevention is indeed the best way to
address violence.
So I want to suggest to the committee that mandatory minimums, as
this is, are not good policy; that they are, in fact, misguided because
they create unfairness and require judicial and correctional
expenditures disproportionate to any deterrent or rehabilitative effect
that they may have.
That is taken directly from a Drug Policy Research Center study of
1997.
I do not think it is inappropriate to suggest that judges in
individual cases are still in the best position to determine what
sentences are appropriate for individual offenders. Mandatory minimums
take discretion away from the Court to utilize other problem-solving
approaches to crime prevention.
What about the U.S. attorneys? When a mandatory minimum crime is
involved, this makes any attempt at plea bargaining, if they are moving
up a chain of crime figures, literally impossible. In this decade, the
U.S. Sentencing Commission reported that over one-third of the Federal
defendants whose criminal conduct should have triggered application of
a mandatory minimum provision have somehow even yet escaped the effects
of such provisions.
So here for the third time in a single evening we have criminal laws
named after some poor victim for whom our sympathies are overflowing,
but whether or not this is the best way for us to proceed as a matter
of process still remains much in doubt.
We are still legislating with no committee of original jurisdiction,
that I can recall, having had anything to do with what might be an
otherwise well meaning amendment, to impose severe penalties on people
who take children as hostage to evade arrest.
Why this was not able to come through the committee in an orderly way
is not clear to me. This is not gun legislation. It is the meat and
potatoes of the Subcommittee on Crime of the Committee on the
Judiciary.
So I am again sorry that this could not have been taken up in a more
orderly way.
Mrs. KELLY. Mr. Chairman, I yield 30 seconds to the gentleman from
Florida (Mr. McCollum), the chairman of the subcommittee.
Mr. McCOLLUM. Mr. Chairman, I thank the gentlewoman from New York
(Mrs. Kelly) for yielding me this time.
Mr. Chairman, I strongly support this amendment. It is a great bill
that she introduced last year that we passed here in the House, and I
believe this is the perfect case for a minimum mandatory sentence.
If someone is going to take a child as a hostage to try to avoid a
judicial writ or court process or to try to compel an agency of the
government to do something, they ought to have a minimum mandatory
sentence. It is a deterrent message. That is what a minimum mandatory
sentence is. It takes a really bad apple off the street and takes them
off the street for a period of time.
I commend the gentlewoman from New York (Mrs. Kelly) for offering the
bill. It is a good proposal and it should be adopted.
Mrs. KELLY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, once again, the passage of this amendment would give
law enforcement across the country a new and powerful weapon in the
fight against violent criminals. As I mentioned earlier, there are
disturbing examples of hostage situations involving children. I hope my
colleagues will join me and pass these new protections and protect
children from crime in America.
Mr. Chairman, I want to also point out that in the last Congress,
this bill did pass through the committee process. So I believe the
gentleman from Michigan (Mr. Conyers) did have a chance to look at it.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentlewoman from New York (Mrs. Kelly).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 14 printed
in part A of House Report 106-186.
Amendment No. 14 Offered by Mr. Hutchinson
Mr. HUTCHINSON. Mr. Chairman, I offer amendment No. 14.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A amendment No. 14 offered by Mr. Hutchinson:
At the end of the bill, insert the following:
SEC. __. PROHIBITION ON TRANSFERRING TO JUVENILE A FIREARM
THAT THE TRANSFEROR KNOWS OR HAS REASON TO
BELIEVE WILL BE USED IN A SCHOOL ZONE OR IN A
SERIOUS VIOLENT FELONY.
(a) Prohibition.--Section 922 of title 18, United States
Code, is amended by inserting after subsection (y) the
following:
``(z)(1) It shall be unlawful for a person to sell,
deliver, or otherwise transfer any firearm to a person who
the transferor knows or has reasonable cause to believe is a
juvenile, and knowing or having reasonable cause to believe
that the juvenile intends to possess, discharge, or otherwise
use the firearm in a school zone.
``(2) It shall be unlawful for a person to sell, deliver,
or otherwise transfer any firearm to a person who the
transferor knows or has reasonable cause to believe is a
juvenile, and knowing or having reasonable cause to believe
that the juvenile intends to possess, discharge, or otherwise
use the firearm in the commission of a serious violent
felony.
``(3) For purposes of this subsection, the term `juvenile'
means an individual who has not attained 18 years of age.''.
(b) Penalties.--Section 924(a) of such title is amended by
adding at the end the following:
``(7)(A) A person, other than a juvenile, who violates
section 922(z)(1) shall be fined under this title, imprisoned
as provided in section 924(a)(6)(B)(ii), or both.
``(B) A person, other than a juvenile, who violates section
922(z)(2) shall be fined under this title, imprisoned as
provided in section 924(a)(6)(B)(iii), or both.''.
[[Page H4428]]
The CHAIRMAN. Pursuant to House Resolution 209, the gentleman from
Arkansas (Mr. Hutchinson) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arkansas (Mr. Hutchinson).
Mr. HUTCHINSON. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, my amendment makes it unlawful to transfer any firearm
to a juvenile if the transferror knows or has reason to believe that
the firearm will be used in a school zone or in the commission of a
serious violent felony.
This amendment goes to the heart of the problem of straw purchasers,
where someone else purchases a firearm for someone else who is
disqualified or for the purpose of giving it to a juvenile for an
unlawful purpose. Those are straw purchasers.
Under current law, even if the transferror knows that the juvenile
intends to use the weapon to commit a crime, the prohibition only
covers handguns and handgun ammunition.
Now, amendments have been offered that expand this prohibition to
semiautomatic assault weapons and large capacity ammunition feeding
devices, or will be considered by the House. However, even with the
adoption of these amendments, it will not be against the law to
transfer a rifle or a shotgun to a juvenile when the transferror knows
that the weapon will be used to commit a crime.
This does not impact any legitimate transfers of firearms, shotguns
for hunting purposes or other legitimate purposes. But as we know from
the Colorado tragedy, any firearm is sufficient to cause death, whether
it is a handgun or not. My amendment closes this loophole and actually
does something positive to keep guns out of the hands of violent
juveniles.
The penalties for violating this provision are the same as those
found in current law, which carries up to 10 years in prison. However,
this amendment anticipates the adoption of the McCollum amendment,
which amends current law to provide for certain mandatory minimums for
violations of school zones and for use during the commission of a
serious violent felony.
Mr. Chairman, I believe it is important to note that in many of the
recent school shootings, students did use long guns, rifles and
shotguns. To the extent that an older friend or relation acquires these
guns for such unlawful uses, I believe it is important to hold those
accomplices accountable for their actions and to discourage such
purchases and transfers when it is used for a serious violent felony or
for purposes of use in a school zone.
Mr. Chairman, I would ask support for this amendment.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. Does the gentleman from Michigan (Mr. Conyers) seek
time in opposition?
Mr. CONYERS. Yes, Mr. Chairman, I do, for purposes of debate.
The CHAIRMAN. The gentleman from Michigan is recognized for 5
minutes.
Mr. CONYERS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, could I ask the gentleman from Arkansas (Mr.
Hutchinson), who is a member of the Committee on the Judiciary and the
author of the amendment, whether shotguns and rifles are now within the
purview of his amendment?
Mr. HUTCHINSON. Mr. Chairman, will the gentleman yield?
Mr. CONYERS. I yield to the gentleman from Arkansas.
Mr. HUTCHISON. Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, all firearms would be under the purview of the
amendment that I am offering if the transfer is with the knowledge that
it is going to be used for the commission of a serious violent felony
or to be used in a school zone.
Mr. CONYERS. Mr. Chairman, in view of that then I would like to state
that we on this side have no objection to this amendment and withdraw
any opposition to it.
Mr. Chairman, I yield back the balance of my time.
Mr. HUTCHINSON. Mr. Chairman, I yield 2 minutes to the gentleman from
Florida (Mr. McCollum)
Mr. McCOLLUM. Mr. Chairman, I do not need 2 minutes but I thank the
gentleman from Arkansas (Mr. Hutchinson) for yielding me this time.
Mr. Chairman, I just want to say I strongly support this amendment.
The gentleman is right, it does perfect an amendment I have already
offered that has been adopted out here today, and I think it fills a
loophole that needed to be filled so we do not have kids possessing a
gun in conditions where they should not.
I think the gentleman has done a good service, and I support the
amendment.
Mr. HUTCHINSON. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I thank the gentleman from Florida (Mr. McCollum) for
his comments, and if I just might conclude on this issue by saying that
I have approached the entire issue of violent juvenile crime in terms
of what can we do to keep firearms out of the hands of violent
teenagers, people who are prone to crime, as well as criminals?
{time} 1930
That is why we can legitimately look at solving those problems. This
amendment certainly goes to the heart of that by making sure there is a
strong penalty for those who engage in straw purchases. We have seen
that where we would use someone else to purchase a firearm when they
are disqualified or have an unlawful purpose. I think this really puts
a clamp and will be helpful in addressing the serious problem that this
Congress as a whole is trying to address in a bipartisan basis.
I want to thank the gentleman from Michigan (Mr. Conyers) for his
courtesies that he has extended.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Arkansas (Mr. Hutchinson).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 15 printed
in part A of House Report 106-186.
Parliamentary Inquiry
Mr. SCOTT. Parliamentary inquiry, Mr. Chairman.
The CHAIRMAN. The gentleman will state his parliamentary inquiry.
Mr. SCOTT. Mr. Chairman, is there a provision for skipping an
amendment and coming back to it?
The CHAIRMAN. The Chair would respond to the gentleman that--the one-
hour notice procedure established in House Resolution 209 aside--only
by unanimous consent in the full House could a change of sequence be
accomplished.
Parliamentary Inquiry
Mr. TRAFICANT. Parliamentary inquiry, Mr. Chairman.
The CHAIRMAN. The gentleman will state his parliamentary inquiry.
Mr. TRAFICANT. Mr. Chairman, is it a rule to prohibit another Member
from offering an amendment so printed?
The CHAIRMAN. The rule provides that an amendment may be offered by
the Member designated in the report or by his or her designee.
Amendment No. 15 Offered By Mr. Quinn
Mr. QUINN. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A amendment No. 15 offered by Mr. Quinn:
At the end of the bill, insert the following:
TITLE __--EXPLOSIVES RESTRICTIONS
SEC. __1. SHORT TITLE.
This title may be cited as the ``Restricted Explosives
Control Act of 1999''.
SEC. __2. PROHIBITION AGAINST THE DISTRIBUTION OR RECEIPT OF
RESTRICTED EXPLOSIVES WITHOUT A FEDERAL PERMIT.
(a) In General.--Section 842 of title 18, United States
Code, is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (A)--
(i) by inserting ``that are not restricted explosives''
after ``explosive materials'' the 2nd place such term
appears; and
(ii) by striking ``or'' after the semicolon;
(B) by redesignating subparagraph (B) as subparagraph (C)
and inserting after subparagraph (A) the following:
``(B) to distribute restricted explosives to any person
other than a licensee or permitee; or''; and
(C) in subparagraph (C) (as so redesignated), by inserting
``that are not restricted explosives'' after ``explosive
materials''; and
(2) in subsection (b)(3), by inserting ``if the explosive
materials are not restricted explosives,'' before ``a
resident''.
(b) Restricted Explosives Defined.--Section 841 of such
title is amended by adding at the end the following:
[[Page H4429]]
``(r) `Restricted explosives' means high explosives,
blasting agents, detonators, and more than 50 pounds of black
powder.''.
SEC. __3. REQUIREMENT THAT APPLICATION FOR FEDERAL EXPLOSIVES
LICENSE OR PERMIT INCLUDE A PHOTOGRAPH AND SET
OF FINGERPRINTS OF THE APPLICANT.
(a) In General.--Section 843(a) of title 18, United States
Code, is amended in the 1st sentence by inserting ``shall
include the applicant's photograph and set of fingerprints,
which shall be taken and transmitted to the Secretary by the
chief law enforcement officer of the applicant's place of
residence, and'' before ``shall be''.
(b) Chief Law Enforcement Officer Defined.--Section 841 of
such title, as amended by section 2(b) of this Act, is
amended by adding at the end the following:
``(s) `Chief law enforcement officer' means the chief of
police, the sheriff, or an equivalent officer or the designee
of any such individual.''.
SEC. __4. EFFECTIVE DATE.
The amendments made by this Act shall apply to conduct
engaged in after the 180-day period that begins with the date
of the enactment of this Act.
The CHAIRMAN. Pursuant to House Resolution 209, the gentleman from
New York (Mr. Quinn) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from New York (Mr. Quinn).
Mr. QUINN. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise to discuss an amendment made in order by the
rule. Earlier today the House adopted legislation which addresses my
concerns regarding the purchase of explosives. I therefore intend to
withdraw my amendment here this evening. However, before I do so, I
would like to just make a few comments if I may.
First, I want to thank the gentleman from California (Chairman
Dreier) and all of my colleagues on the Committee on Rules for making
this amendment in order.
I would also like to thank the gentleman from Upstate New York (Mr.
Reynolds), my friend and neighbor for his assistance.
We have been working to restrict the sale of explosives since 1993
when four bombs exploded in western New York State, killing five
people. Current law enabled those responsible for the murders, who have
been convicted and are now serving time, to buy the deadly dynamite
over the counter in another State ssimply by providing false
identification, completing a short Bureau of Alcohol and Tobacco and
Firearms form, and promising not to cross State lines.
Although New York State has tough laws with respect to the purchase
of explosives, the murderers were able to purchase dynamite simply by
going to another State with weaker laws.
As we well know, however, we do not need to go back 6 years to think
of a tragedy brought about with the use of explosives. Recent events
have again demonstrated the pressing need for increased controls on the
purchase of such explosives. Over the weekend, in fact, in my hometown
of Hamburg, New York, two of my constituents were killed within a mile
of my own house in a violent explosion. The bombing in Oklahoma City
and the recent tragedy in Colorado are all obviously examples as well.
Again, currently, certain States allow dynamite and other explosives
to be sold over the counter. Language in the McCollum amendment, which
was approved by the House earlier today, requires criminal background
checks before explosive materials can be transferred to nonlicensed
buyers. This McCollum amendment also requires individuals to obtain
explosives from federally licensed dealers to obtain that same Federal
permit.
I would like to thank the gentleman from Florida (Chairman McCollum)
and the Committee on the Judiciary for addressing the problem.
Mr. Chairman, I yield to the gentleman from Florida (Mr. McCollum).
Mr. McCOLLUM. Mr. Chairman, I thank the gentleman from New York for
yielding to me.
I simply want to commend the gentleman for the work he has done over
the years on the explosives issue. As the chairman of the Subcommittee
on Crime, I know he has been involved, and I appreciate the fact that
he is going to withdraw this amendment for reasons of technical nature
dealing with what has already been passed.
I think the gentleman from New York (Mr. Quinn) deserves commendation
for this. He has been very, very involved with this issue. If it were
not for his efforts, we might well not have the provisions we had in my
amendment earlier today. So I thank the gentleman from New York for his
efforts.
Mr. QUINN. Mr. Chairman, reclaiming my time, I thank the gentleman
from Florida (Mr. McCollum) for his kind words. I also appreciate the
work of the House on the floor to make sure that the gentleman from New
York had an opportunity to rise here this evening.
Mr. Chairman, I ask unanimous consent to withdraw the amendment.
The CHAIRMAN. Is there objection to the request of the gentleman from
New York?
Mr. CONYERS. Mr. Chairman, reserving the right to object, I ask the
author of the amendment, the gentleman from New York (Mr. Quinn), with
all due respect, all examples he gave were good reasons to have this
amendment. It sounded like this could be a very important amendment. He
says that it is now to be found elsewhere in the McCollum amendment. Is
that correct?
Mr. Chairman, under my reservation of objection, I yield to the
gentleman from New York (Mr. Quinn) for an answer.
Mr. QUINN. Yes, it is, Mr. Chairman.
Mr. CONYERS. Mr. Chairman, further reserving the right to object,
could the gentleman from New York indicate to me where within the
voluminous McCollum amendment is the language that would make it
unnecessary for his amendment?
Mr. QUINN. Will the gentleman yield?
Mr. CONYERS. Mr. Chairman, under my reservation of objection, I yield
to the gentleman from New York.
Mr. QUINN. We are perfectly satisfied with the intent and the
language of the McCollum amendment this afternoon, that it met the
concerns that we had. Although technical in nature, we had discussions
this afternoon with the Treasury Department and others to make certain
that our bill, fashioned after Brady and others that have been before
the House years before, are satisfied here today.
Mr. CONYERS. Mr. Chairman, could I point out to the gentleman from
New York (Mr. Quinn), the author, I am glad he had these discussions
earlier. I do not know anything about them, of course. I am not sure,
but it is suggested that the gentleman's amendment is stronger than the
language he is referring to that appears in Mr. McCollum's amendment.
Is that correct?
Mr. Chairman, under my reservation of objection, I yield to the
gentleman from New York (Mr. Quinn).
Mr. QUINN. Mr. Chairman, I appreciate the gentleman from Michigan
yielding to me. That is for the gentleman's decision to decide, I
guess, whether it is stronger or not. I know that for our purposes in
working on this bill and the amendment, for now, going on 4 or 5 years,
that we are satisfied that today's action is more than adequate, and we
are prepared to go forward with the chairman.
Mr. CONYERS. Mr. Chairman, I thank the gentleman for his
explanations, and I withdraw my reservation of objection.
The CHAIRMAN. Is there objection to the request of the gentleman from
New York?
There was no objection.
The CHAIRMAN. The amendment offered by the gentleman from New York
(Mr. Quinn) is withdrawn.
The CHAIRMAN. It is now in order to consider amendment No. 16 printed
in part A of House Report 106-186.
Amendment No. 16 Offered By Mr. DeLay
Mr. DeLAY. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A amendment No. 16 offered by Mr. DeLay:
At the end of the bill, insert the following:
SEC. __. LIMITATION ON PRISONER RELEASE ORDERS.
(a) In General.--Chapter 99 of title 28, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1632. Limitation on prisoner release orders
``(a) Limitation.--Notwithstanding section 3626(a)(3) of
title 18 or any other provision of law, in a civil action
with respect to prison conditions, no court of the United
States or other court listed in section 610 shall have
[[Page H4430]]
jurisdiction to enter or carry out any prisoner release order
that would result in the release from or nonadmission to a
prison, on the basis of prison conditions, of any person
subject to incarceration, detention, or admission to a
facility because of a conviction of a felony under the laws
of the relevant jurisdiction, or a violation of the terms or
conditions of parole, probation, pretrial release, or a
diversionary program, relating to the commission of a felony
under the laws of the relevant jurisdiction.
``(b) Definitions.--As used in this section--
``(1) the terms `civil action with respect to prison
conditions', `prisoner', `prisoner release order', and
`prison' have the meanings given those terms in section
3626(g) of title 18; and
``(2) the term `prison conditions' means conditions of
confinement or the effects of actions by government officials
on the lives of persons confined in prison.
(b) Conforming Amendment.--The table of sections for
chapter 99 of title 28, United States Code, is amended by
adding at the end the following new item:
``1632. Limitation on prisoner release orders.''.
(c) Consent Decrees.--
(1) Termination of existing consent decrees.--Any consent
decree that was entered into before the date of the enactment
of the Prison Litigation Reform Act of 1995, that is in
effect on the day before the date of the enactment of this
Act, and that provides for remedies relating to prison
conditions shall cease to be effective on the date of the
enactment of this Act.
(2) Definitions.--As used in this subsection--
(A) the term ``consent decree'' has the meaning given that
term in section 3626(g) of title 18, United States Code; and
(B) the term ``prison conditions'' has the meaning given
that term in section 1632(c) of title 28, United States Code,
as added by subsection (a) of this section.
The CHAIRMAN. Pursuant to House Resolution 209, the gentleman from
Texas (Mr. DeLay) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Texas (Mr. DeLay).
Mr. DeLAY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this is an amendment in the form of a bill that passed
overwhelmingly in this House last year. So I bring it to the House
because I think it is so appropriate to put it on this bill at this
time.
Mr. Chairman, we have been talking about crime all day. I rise to
introduce this amendment that seeks to cut at the very heart of crime.
Early release of felons due to prison conditions puts all Americans at
risk, and this practice should stop. All the talk about fighting crime
and keeping children safe boils down to nothing if we are not willing
to keep prisoners behind bars where they belong.
Now, many States have tried to combat crime by assessing truth in
sentencing laws. However, these noble efforts are countered by activist
judges who side with predators over victims. Activist judges are
accessories to crime. Every day, laws are ignored, misinterpreted, and
overturned by radicals in robes who have stolen the role of legislative
bodies.
Article III of the U.S. Constitution allows the Congress to set
jurisdictional restraints on the courts, and this amendment reasserts
that right.
Tragically, judges have used the excuse of overcrowding to empty
prisons of violent offenders and drug dealers. These judicial magicians
create prison caps out of thin air and then empty jail cells until they
reach their arbitrary number.
In Philadelphia, for instance, after some convicts complained, Judge
Norma Shapiro created a prison cap that resulted in the release of 500
prisoners every week; 9,732 of these criminals onto the streets because
of her own arbitrary caps. These criminals were released. They were
later rearrested for new crimes, including murder and rape.
Now, in recent years, 35 percent of all offenders arrested for
violent crime were already on probation, parole, or pretrial release at
the time of their arrest. Studies show that up to 76 percent of former
inmates are rearrested within 3 years of their release.
Even more criminals are released before their trial because activist
judges claim that they have no room to keep them in custody. These
people should not be let loose, and my amendment assures that they
cannot be released due to the prison conditions loophole.
We will not reduce crime until we stop letting criminals back onto
the streets to continue to prey on innocent Americans.
This amendment does not prevent any other methods to correct prison
conditions. It simply stops judges from releasing dangerous convicts to
alleviate overcrowding or other conditions.
Justice may be blind, but it is and does comprehend common sense.
This amendment makes neighborhoods safer by keeping convicts behind
bars.
Mr. Chairman, no American is free if he does not feel safe in his
house or on the streets. Congress must act now to take back our
streets. Congress must combat judicial activism. I urge my colleagues
to support this amendment.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. Does any Member seek to claim the time in opposition to
the amendment?
Mr. CONYERS. Mr. Chairman, I rise in opposition to the amendment.
The CHAIRMAN. The gentleman from Michigan (Mr. Conyers) is recognized
for 5 minutes.
Mr. CONYERS. Mr. Chairman, I yield myself such time as I may consume.
The gentleman from Texas (Mr. DeLay), the distinguished whip, has
offered an amendment that would drastically and, in my view,
unconstitutionally limit the authority of Federal judges to remedy
inhumane prison conditions where they are brought to their attention to
the judicial process.
I would remind the gentleman that, where this kind of a permission is
granted, where relief is granted for this condition, it is probably in
consonance with the eighth amendment to the Constitution.
I think that the Philadelphia case that the gentleman from Texas (Mr.
DeLay) referred to is a State matter. I would like just to inquire
that, in his research, since this has not come before the committee,
was it his impression that this practice, which he decries, is
something that occurs in the Federal system, or is he referring to the
Philadelphia case which, it is my understanding, occurred in the State
system?
I will repeat it. Apparently the gentleman from Texas did not hear
the question that I was posing to him.
{time} 1945
The question is whether or not the conditions of which the gentleman
complains, that is the litigation that does release prisoners in
inhumane prison conditions, does that turn on State prison conditions
or is the gentleman referring to Federal prison conditions? Because it
is my understanding that the Philadelphia incident, of which the
gentleman remarked, was a State matter.
Mr. DeLAY. Mr. Chairman, will the gentleman yield?
Mr. CONYERS. I yield to the gentleman from Texas.
Mr. DeLAY. Mr. Chairman, I am having a hard time understanding the
gentleman's question. I guess what he is talking about is the specific
case in Philadelphia. It was a Federal judge, and on her own set her
own arbitrary limits to overcrowding in the Federal system and started
releasing prisoners as a condition of overcrowding. Violent prisoners,
if I might say.
Mr. CONYERS. All of them were violent?
Mr. DeLAY. Well, what is the gentleman's definition of violence?
Mr. CONYERS. The gentleman is asking me for my definition of
violence?
Mr. DeLAY. It is the gentleman's question.
Mr. CONYERS. Yes, but it is your term.
Mr. DeLAY. It is the gentleman's question. What is the gentleman's
definition of violence?
The CHAIRMAN. All Members will follow regular order. The time is
controlled by the gentleman from Michigan (Mr. Conyers).
Mr. CONYERS. Well, reclaiming my time, Mr. Chairman, let me make a
case in a different way for the gentleman from Texas. It just so
happens that this amendment would improperly interfere with the work of
the judicial branch in our constitutional system of government because
these cases are legally and properly brought, they are heard by a
court, they can even be appealed to from the court.
And so I think that this is a dangerous proposal that would terminate
ongoing consent decrees in prison condition cases. In addition, it
would prohibit judges from issuing prisoner release orders to remedy
unconstitutional overcrowding.
[[Page H4431]]
So the gentleman is saying that it does not matter where we put
people who have violated the law; it does not matter what circumstances
that they are put; that under no circumstances can a judge, having
heard all of these arguments on both sides from the Department of
Justice or the State Attorney General, they would then be precluded
from passing judgment in these kind of cases.
I think this is an unwarranted limitation on States rights. I object
very strenuously to the gentleman's amendment, Mr. Chairman, and I
include for the Record information detailing examples of horrible
prison conditions:
Examples of Horrible Prison Conditions Involving Women
Women housed in the previously all-male Federal Detention
Center in Pleasanton, California were sexually harassed and
abused. They had no privacy when showering, dressing or using
the toilets. Prison guards harassed the women and unlocked
the women's cell doors at night to allow male prisoners to
enter their cells and abuse them. When one of the women
complained to a senior officer, her complaint was made known
to the other officers and prisoners and she was beaten, raped
and sodomized by three men who gained access to her cell
during the night. She was denied medical attention for some
weeks after the attack despite the serious injuries she
sustained. [Lucas v. White, filed 1996]
In Georgia, women, some as young as 16 years old, were
forced to have sex with prison guards, maintenance workers,
teachers, and even a prison chaplain. The sexual abuse came
to light when many women prisoners became pregnant and were
pressured into having abortions. More than 200 women
testified by affidavit that they had been coerced into having
sex or that they know other prisoners who had. [Cason v.
Seckinger, consent decree, 1994]
In Washington, DC, the court found that correctional
officers and other prison employees routinely sexually
assaulted, touched, and harassed the women in their care. On
one occasion, a correctional officer sexually assaulted an
inmate while she was a patient in the infirmary. He fondled
her, tried to force her to perform oral sex and then raped
her. Another officer forced an inmate to perform oral sex on
him while she attempted to empty trash as part of a work
detail. [Women Prisoners v. District of Columbia, post trial
order, 1994]
Prison staff in Louisiana engaged in sexual abuse of women
prisoners ranging from vulgar and obscene sexual comments to
forcible sexual rape. Prison staff not only participated in
the sexual misconduct but also allowed male prisoners to
enter the female prisons to engage in forcible intercourse
with women prisoners. [Hamilton v. Morial, consent decree,
1995]
In California, women prisoners received almost no
pregnancy-related medical care and, as a result, some gave
birth to stillborn or severely deformed babies. One woman,
while in active labor, was transported to an outside hospital
seated in an upright position in shackles; her daughter
suffered severe trauma at birth. Another prisoner, who
received almost no prenatal care, gave birth on the floor of
the jail without medical assistance three hours after
informing staff that she was in labor. [Yeager v. Smith and
Harris v. McCarthy, consent decrees, 1989]
Examples of Horrible Prison Conditions Involving Mentally Ill and
Disabled Prisoners
In California, a severely mentally ill prisoner was locked
naked, without medication, for two years in a ``quiet room,''
where she rubbed feces onto her face and hair, talked
incoherently, and did not bathe. Another severely mentally
ill inmate was in segregation when she set herself on fire
and died. A bulimic, diabetic inmate was placed in a unit
with inadequate staff to monitor her condition. When two
officers notified a nurse that she was having seizures, the
nurse told them ``not to make a fuss over her.'' She died
later that afternoon. [Coleman v. Wilson, post-trial order,
1995]
A prisoner with an IQ of 54, was subjected to both verbal
and physical attack by other prisoners. Correctional officers
dismissed his attempts to express his fears, allowing other
prisoners to slash his throat and repeatedly rape and assault
him. The California Department of Corrections offered
virtually no screening to identify the developmentally
disabled and makes little effort to protect them. [Clark v.
California, filed 1996]
A Utah prisoner with a long history of mental illness,
including depression, self-inflicted wounds, suicide attempts
and hearing voices, inflicted deep razor wounds in his
abdomen. When he returned from the hospital to the Utah state
prison, the prison doctors stopped all of his psychiatric
medications and shackled him to a stainless board with metal
restraints. He remained shackled for 12 weeks (let up on
average about 4 times a week) and developed pressure sores.
When he defecated he was hosed off while remaining on the
board. He was stripped to his undershorts and frequently not
allowed a blanket. He was eventually released from the board
and sent to the mental hospital by judge's order and over the
objections of prison officials. [N.L.S. v. Austin, filed
1996]
A mentally-ill prisoner at the Moscogee County Jail in
Georgia was observed by jailers to be barking like a dog.
Without consulting a doctor, they put him into solitary
confinement where his condition quickly deteriorated and he
committed suicide within hours. A recent investigation by the
U.S. Justice Department reported that the medical care at the
jail, which houses 1,000 prisoners, consisted of one doctor
working a total of four hours per week. The report also noted
that jail staff regulatory placed prisoners with serious
mental health problems in isolation without consulting a
psychiatrist. [Porter v. County of Moscogee, filed 1996]
Examples of Horrible Prison Conditions Involving Juveniles
A 17-year-old boy in an adult prison in Texas was raped and
sodomized. His request to be placed in protective custody was
denied. For the next several months he was repeated beaten by
older prisoners, forced to perform oral sex, robbed, and
beaten again. Each time, his requests for protection were
denied by the warden. He attempted suicide by hanging himself
in his cell after a guard had ignored the warning letter he
wrote. He was in a coma for four months until he died. [Case
to be filed this year]
In Pennsylvania, children in a juvenile detention facility
were regularly beaten by staff with chains and other objects.
The facility was severely overcrowded and, as recently as
February 1995, was at 160% of capacity. [Santiago v. City of
Philadelphia]
In a state-run juvenile institution outside of
Philadelphia, the children were routinely beaten by facility
staff, staff trafficking in illegal drugs was rampant, and
sexual relations between staff and confined youth were
commonplace. [D.B. v. Commonwealth, consent decree, 1993]
In Delaware, juvenile were housed in overcrowded, dirty
living units with serious fire danger. Their food and
clothing were inadequate. The children were physically and
verbally abused, beaten and maced, and shackled. The medical
and mental health care and educational programs they received
were all below even minimally acceptable standards. [John A.
v. Castle, consent decree, 1994]
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. The time of the gentleman from Michigan has expired.
Mr. DeLAY. Mr. Chairman, I yield the balance of my time to the
gentleman from Florida (Mr. Foley).
Mr. FOLEY. Mr. Chairman, I strongly support the work of the majority
whip, the gentleman from Texas (Mr. DeLay), and I will tell my
colleagues why. As a Floridian, as a resident of that State, we
released 127,486 prisoners early, and the judges said we had to do it.
It did not matter what crime they committed.
Now, some around here would like us to think we need Holiday Inns and
Ritz Carltons for prisoners. I can tell my colleagues what early
release did, and they can talk to these families: A 78-year-old woman
murdered in an orange grove by a 21-year-old convicted burglar out of
prison on early release; a 30-year-old convicted armed burglar who
killed a convenience store owner in Palm Beach; a teenager whose corpse
was found in a Miami Beach bathtub last year, murdered and mutilated by
a 30-year-old murderer and drifter out of jail on early release; or
Fort Pierce police officer Danny Parrish, who had to die because we let
a convicted murderer out on early release. We do not need any more
facts or information than that.
I feel for these families. I do not feel for the criminal. I do not
feel for the prisoner. I do not feel for these people who have violated
society's laws. I feel for the victims.
The CHAIRMAN. The time of the gentleman from Texas has expired.
Mr. HASTINGS of Florida. Mr. Chairman, I ask unanimous consent that
each side be given an additional 2 minutes.
The CHAIRMAN. Is there objection to the request of the gentleman from
Florida?
There was no objection.
The CHAIRMAN. The gentleman from Michigan (Mr. Conyers) and the
gentleman from Texas (Mr. DeLay) each will control an additional 2
minutes.
The Chair recognizes the gentleman from Michigan (Mr. Conyers.)
Mr. CONYERS. Mr. Chairman, I yield such time as he may consume to the
gentleman from Florida (Mr. Hastings).
Mr. HASTINGS of Florida. Mr. Chairman, I thank the gentleman for
yielding me this time.
Like my good friend and colleague whose district and mine abut each
other, I too am a Floridian with extraordinary concern.
[[Page H4432]]
I wish to address the distinguished whip in what I hope is a
meaningful way, and that is when you use language, Mr. DeLay, that is
so strong to allow that those who get perceptions other than those of
us that are playing legislative gamesmanship, as rightly we should.
Federal judges are extremely responsible people in this country, and
to the man and woman activists or strict constructionists, if they are
construed that way, they act in a very responsible manner. For you to
suggest that they are complicit with predators because they have
followed the law and made rulings having to do with prisons is just not
fair.
I, as a former Federal judge, feel very strongly about speaking up
for my colleagues who still do this job. There are judges in South
Florida who right today have under their tutelage and curtilage jails
that are unfit in these times. Never mind about who is in them.
What you need to understand, when you say that something is done----
Point of Order
Mr. DeLAY. Point of order, Mr. Chairman. Is the gentleman not
supposed to speak through the Chair?
Mr. HASTINGS of Florida. Fine.
The CHAIRMAN. The gentleman will suspend.
The gentleman is correct that all Members should address their
comments to the Chair.
The gentleman from Florida (Mr. Hastings) may proceed.
Mr. HASTINGS of Florida. Mr. Chairman, I understand that I am
speaking through you on the basis of the other person that spoke
through you.
And what I want you to understand, Mr. Chairman, is that in Florida,
since 1996, we have spent more money on prisons and prisoners than we
have on the entire university system of Florida, and that is
scandalous. For us to continue down this road of just beating up on
people who do their jobs responsibly is irresponsible.
What I want him to understand, Mr. Chairman, is that they do not do
it out of thin air. We have built prisons in Palm Beach County more
because taxpayers could not afford it. And Federal judges did that and
I am proud of the fact that they did.
The CHAIRMAN. The time of the gentleman from Florida has expired.
The gentleman from Texas (Mr. DeLay) has 2 minutes remaining.
Mr. DeLAY. Mr. Chairman, I yield 1 minute to the gentleman from
Florida (Mr. McCollum), the distinguished chairman of the subcommittee.
Mr. McCOLLUM. Mr. Chairman, I want to strongly support the proposal
here today of the gentleman from Texas (Mr. DeLay). We have had early
release problems for a long time. The interest of inhumanity and
inhumane conditions in any prison should be of concern to all of us,
but early release, releasing prisoners or not allowing more in prison,
should not be the remedy Federal judges use to correct that problem.
There could be tent cities, they could require the building of
additional prisons, there are a lot of other possible remedies, but
public safety is the question.
Letting really terrible criminals loose, as has happened in the State
of Florida, violent criminals, in the name of somehow trying to force
the legislature of a State to do something is wrong, and that is a
very, very bad situation. The remedy the gentleman from Texas has
proposed is a reasonable step in the right direction.
Mr. FOLEY. Mr. Chairman, will the gentleman yield?
Mr. McCOLLUM. I yield to the gentleman from Florida.
Mr. FOLEY. Mr. Chairman, I just wanted to underscore that there was
no distinction in Florida whether they were violent or nonviolent
offenders. Everyone was treated equally.
Mr. McCOLLUM. Reclaiming my time, that is correct, Mr. Chairman.
Everybody got out. Even violent offenders got out. It was a terrible
situation. And, unfortunately, the courts have continued to be a
problem in this regard, and the gentleman from Texas (Mr. DeLay) is
trying to do something about that problem.
Mr. DeLAY. Mr. Chairman, I yield myself the balance of my time.
It is easy to claim we know what is constitutional or not. I just
referred to the Constitution and Article III. It is very specific. This
Congress, when we create courts, can set their jurisdiction. And when
the courts abuse that jurisdiction and overreach by releasing violent
criminals, or any criminals, out on the streets because of overcrowding
conditions, then we have every right to limit the jurisdiction of these
Federal courts.
I might also say to the gentleman from Michigan, in answer to his
comments, this amendment in no way eliminates the ability for courts to
enter into consent decrees, it does not have anything to do with
prisoners filing claims that prison conditions are cruel and unusual.
The gentleman, Mr. Chairman, mischaracterizes my amendment. My
amendment is very simple. It just limits the jurisdiction of Federal
courts and says that they cannot turn violent criminals out on the
streets.
I might also say, Mr. Chairman, that when Federal judges have no
concern for the victims of crimes and turn violent criminals out, they
should have their jurisdiction limited.
The CHAIRMAN. The time of the gentleman from Texas has expired.
Mr. CONYERS. Mr. Chairman, I ask unanimous consent to add and submit
the examples of horrible prison conditions involving women, examples of
horrible prison conditions involving mentally ill and disabled
prisoners, and examples of horrible prison conditions involving
juveniles directly after my remarks.
Mr. DeLAY. Reserving the right to object.
The CHAIRMAN. The gentleman from Texas (Mr. DeLay) reserves the right
to object.
Mr. DeLAY. Mr. Chairman, I do not intend to object, because I think
it is very important to submit this kind of information, but for the
gentleman, Mr. Chairman, to submit such information . . . to think that
my amendment has anything to do with bad prison conditions, it has
nothing to do with bad prison conditions. It does not limit anybody's
right to claim there is bad prison conditions.
Mr. OBEY. Mr. Chairman, I demand the gentleman's words be taken down.
The gentleman said the gentleman was trying to mislead this body.
The CHAIRMAN. The gentleman will suspend.
Mr. OBEY. I think he owes a retraction to the gentleman.
Mr. DeLAY. Mr. Chairman, I ask unanimous consent to retract the word
``misleading.''
The CHAIRMAN. Is there objection to the request of the gentleman from
Texas?
There was no objection.
The CHAIRMAN. The gentleman from Texas (Mr. DeLay) reserves the right
to object to the request of the gentleman from Michigan.
The gentleman from Texas (Mr. DeLay) is recognized under his
reservation.
Mr. DeLAY. Mr. Chairman, I appreciate it, and under that reservation
I apologize for claiming that the gentleman is misleading the House.
What I meant to say was the gentleman is confusing the issue on my
amendment by offering this information. My amendment has nothing, has
nothing to do with cruel and unusual punishment or the rights of people
to bring actions if they think that prison conditions are outrageous.
It has nothing to do with other remedies to correct those kinds of
conditions in prisons.
All my amendment says is that the jurisdiction of the judges to
release violent criminals on the streets of this country because of
overcrowded conditions will be restricted.
Mr. Chairman, I withdraw my reservation of objection.
The CHAIRMAN. Is there objection to the request of the gentleman from
Michigan?
There was no objection.
The CHAIRMAN. All time for debate on the amendment has expired.
The question is on the amendment offered by the gentleman from Texas
(Mr. DeLay).
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Mr. DeLAY. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to House Resolution 209, further proceedings
on the amendment offered by the gentleman from Texas (Mr. DeLay) will
be postponed.
It is now in order to consider amendment No. 17 printed in part A of
House Report 106-186.
[[Page H4433]]
Amendment No. 17 Offered by Mr. Gallegly
Mr. GALLEGLY. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A amendment No. 17 offered by Mr. Gallegly:
Add at the end the following:
TITLE __--JUVENILE GANGS
SEC. __1. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL
STREET GANG ACTIVITY.
(a) Prohibited Acts.--Chapter 26 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 522. Recruitment of persons to participate in criminal
street gang activity
``(a) Prohibited Act.--It shall be unlawful for any person,
to use any facility in, or travel in, interstate or foreign
commerce, or cause another to do so, to recruit, solicit,
induce, command, or cause another person to be or remain as a
member of a criminal street gang, or conspire to do so, with
the intent that the person being recruited, solicited,
induced, commanded or caused to be or remain a member of such
gang participate in an offense described in section 521(c).
``(b) Penalties.--Any person who violates subsection (a)
shall--
``(1) if the person recruited, solicited, induced,
commanded, or caused--
``(A) is a minor, be imprisoned not less than 4 years and
not more than 10 years, fined in accordance with this title,
or both; or
``(B) is not a minor, be imprisoned not less than 1 year
and not more than 10 years, fined in accordance with this
title, or both; and
``(2) be liable for any costs incurred by the Federal
Government or by any State or local government for housing,
maintaining, and treating the minor until the minor attains
the age of 18 years.
``(c) Definitions.--In this section:
``(1) Criminal street gang.--The term `criminal street
gang' has the meaning given the term in section 521.
``(2) Minor.--The term `minor' means a person who is
younger than 18 years of age.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 26 of title 18, United States Code, is
amended by adding at the end the following new item:
``522. Recruitment of persons to participate in criminal street gang
activity.''.
The CHAIRMAN. Pursuant to House Resolution 209, the gentleman from
California (Mr. Gallegly) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California (Mr. Gallegly).
Mr. GALLEGLY. Mr. Chairman, my amendment targets one of the most
central causes of violence among young persons, the proliferation of
violent street gangs. My amendment will give law enforcement an
important tool to fight this growing problem by attacking the lifeblood
of gangs, the recruitment of young, impressionable members.
The amendment would make it a Federal crime to use interstate or
foreign commerce to recruit a person to join a criminal street gang for
the purpose of having that person commit a serious felony. It would
impose a prison sentence of 4 to 10 years for the recruitment of a
minor into a criminal street gang, and for the recruitment of an adult
to commit a serious crime, the amendment imposes a sentence of 1 to 10
years.
This provision was included in S. 254, the companion Senate bill
dealing with juvenile crime by the chairman of the Senate Committee on
the Judiciary Orrin Hatch.
{time} 2200
The language was drafted jointly with Senator Feinstein and Senator
Hatch. Senator Feinstein first included this provision in the Federal
Gang Violence Act of 1996 after lengthy discussions with California law
enforcement officials.
Mr. Chairman, this amendment is necessary because gangs are no longer
just a local problem involving small groups of teenagers. Instead, gang
organizations have become national and in some cases international in
scope.
A nationwide survey conducted last year by the Department of Justice
found that there was an estimated 25,000 gangs with 652,000 gang
members operating in the United States. Many are sophisticated crime
syndicates that regularly cross State lines to recruit new members and
traffic drugs, weapons, and illegal aliens. They also steal, murder,
and intimidate State and Federal witnesses.
Despite the downturn in violent crime nationally, gangs continue to
expand their criminal operations into new areas. Here are just a few
examples:
The Gangster Disciples, a Chicago-based gang, has 30,000 members,
operates in 35 States, traffics in narcotics and weapons, and has an
estimated income of $300,000 per day.
The 18th Street Gang, based in Los Angeles, now deals directly with
the Mexican and Colombian drug cartels and has expanded its operation
to Oregon, Utah, El Salvador, Honduras, and Mexico.
And finally, the Bloods and Crips have, according to the FBI and
local law enforcement agencies, spread their tentacles from California
to more than 119 cities in the West and Midwest.
One of the ways in which these and other gangs expand is by
recruiting children into the criminal enterprise and indoctrinating
them into a life of crime. In addition, by having children and
teenagers actually do the gang's dirty work, the gang's leaders, many
of whom are adults, are able to evade conviction.
This amendment focuses on this problem by giving the Federal law
enforcement officials the ability to prosecute gang leaders for the
recruitment of new members with the intent of having them commit gang
crimes.
I urge the Members to support this bipartisan common-sense crime
fighting provision.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. Does the gentleman from Virginia (Mr. Scott) seek time
in opposition to the amendment?
Mr. SCOTT. Yes, I do, Mr. Chairman.
The CHAIRMAN. The gentleman from Virginia (Mr. Scott) is recognized
for 5 minutes.
Mr. SCOTT. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, again, we have the use of new mandatory minimums with
the crime that we have not been able to review in committee. I would
ask the gentleman from California if he could respond to let us know
how the street gang statute has been used so far, whether it has been
effective in reducing crime?
Mr. GALLEGLY. Mr. Chairman, would the gentleman please repeat his
question? I am sorry, I did not hear it.
Mr. SCOTT. Mr. Chairman, whether or not the street gang statute has
been effective in reducing crime?
Mr. Chairman, I yield to the gentleman from California (Mr.
Gallegly).
Mr. GALLEGLY. Mr. Chairman, no.
Mr. SCOTT. Mr. Chairman, reclaiming my time, that is the problem. The
street gang statute is replete with constitutional problems and freedom
of association proof problems and really irrelevant, because the normal
conspiracy theories will give persons more time than they would
ordinarily get.
To compound that with a 4-year mandatory minimum or a 1-year
mandatory minimum just goes into another area. But we do not know what
we are doing. It would have been extremely helpful if we could have had
a hearing to determine what the implications of this amendment might
be, one way or the other. We did not have that opportunity.
We are trading sound bites, what sounds good, what makes common sense
or may not make common sense. We just do not know.
Mr. Chairman, I yield to the gentleman from California (Mr.
Gallegly).
Mr. GALLEGLY. Mr. Chairman, I appreciate the gentleman yielding.
This is a problem that we have been contacted by law enforcement
agencies, prosecutors from all across this country. The broad
bipartisan support that has been indicated on the Senate side that this
bill, of course, has been working its way through the system for some
time with the leadership of Senator Diane Feinstein of California and,
of course, also with the chairman of the Senate Judiciary Committee,
Mr. Hatch, at the appeal of law enforcement officers and prosecutors
across this Nation.
Mr. SCOTT. Reclaiming my time, Mr. Chairman, it would have been nice
to have had this explained to the committee where we might have been
able to consider it in a deliberative fashion. We have been denied
that.
And so we are just guessing. It might be a good idea. It might not.
Mr. Chairman, I reserve the balance of my time.
[[Page H4434]]
Mr. GALLEGLY. Mr. Chairman, I yield 2 minutes to the gentleman from
El Paso, Texas (Mr. Reyes), the former chief of the Border Patrol.
Mr. REYES. Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, I am pleased to rise in support of the Gallegly
amendment to the juvenile justice bill.
Today, as we consider this bill, it would be wrong for us not to
address the issue of gangs and the increasing numbers of juveniles that
are being recruited into their ranks.
As someone who spent 26\1/2\ years in Federal law enforcement, I can
tell my colleagues that I have personally observed an increasing
violence in the number of street gangs and it continues to be a growing
problem all across this country.
These gangs have evolved from local and regional criminal elements
into large-scale and well-organized criminal enterprises. They are
involved in a range of serious crimes including narcotic trafficking,
open violence, intimidation and extortion. Their reach stretches across
the country, and they have members in nearly every major metropolitan
area, creating a nationwide network of violence and well-organized
crime.
The evolution and growth of these gangs is a result of heavy
recruitment that takes place by gangs to attract our Nation's youth.
Gangs have found that the juveniles are impressionable and easily led
into a life of crime. They have also learned that they can direct these
recruits to commit and take the fall for crimes while the gang leaders
escape responsibility and prosecution. With their emphasis on
recruitment of juveniles, they are a significant breeding ground for
the rise in crime all across this country.
I am, therefore, pleased to join the gentleman from California (Mr.
Gallegly) and support his amendment. It provides our Federal law
enforcement officials an important tool to prosecute these gang leaders
who recruit juveniles to a life of crime.
We simply cannot stand here today and credibly say that we are
addressing juvenile crime unless we support this amendment. This
amendment provides an effective tool in our law enforcement arsenal and
allows our agencies to combat these gangs. I am convinced that this is
a proper tool at the proper time for this bill.
Mr. SCOTT. Mr. Chairman, how much time do we have remaining?
The CHAIRMAN. The gentleman from Virginia has 2\1/2\ minutes
remaining.
Mr. SCOTT. Mr. Chairman, I yield myself the balance of the time.
Mr. Chairman, one of the problems with the mandatory minimums is the
gentleman from California mentioned common sense. It takes all common
sense out of sentencing.
Last year we passed legislation that provided for mandatory sentence
for showing someone a firearm in the commission of a drug deal would
get them more time than just shooting the person, in just cold-blooded
shooting. Those kind of situations where we just come up with the crime
of the day and whatever crime we come up with; we have to be serious
about crime, and we take it out of perspective is really the problem
with the mandatory minimum sentences.
That is why we have a Sentencing Commission who can look at the crime
and put it in perspective, compare it to similarly serious crimes, and
give an appropriate sentence rather than just the crime of the day.
I would have hoped that we could have had this in committee. We would
have had time to consider it, assess a reasonable sentence in
relationship to the crime, considering other similar crimes. But we do
not have that opportunity. We are on the floor. We have good vote-
getting sounds bites. We have somebody say that we have got to be
serious about crime and this is serious and, therefore, a 4-year
mandatory minimum is what we have got to go along with.
That is not the way we ought to legislate. And I would hope that we
would in the future consider these bills in committee and also consider
the Sentencing Commission to take the politics out of crime.
Mr. DAVIS of Illinois. Mr. Chairman, I stand to voice my support of
the Gallegly Amendment to H.R. 1501, The Child Safety & Protection Act.
This Amendment, specifically, targets the gang recruitment of young
persons that occurs every day across this great country. I see the need
for such action every day in the Seventh Congressional District of
Illinois. I walk down Madison street and across Western street, and I
see how gangs rob America's youth of their future by inducing them,
threatening them, and seducing them into a life of crime. Every day, I
see the terrible price these children eventually pay. We lock them up
and throw away the key or they end up dead, it is time that Congress
did something to stem gang recruitment.
By making it a federal crime to travel in, or use the facilities of
interstate or foreign commerce to recruit someone to be a member of a
criminal street gang we are making a strong stand against gang
violence. As a nation we need to take this strong action to reduce the
numbers of youth entering street gangs. This worthy amendment
represents a large step forward in combating gangs and crime. I stand
with my worthy colleague from California in voicing support for this
needed amendment and congratulate him on its passage.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. All time for debate on this amendment has expired.
The question is on the amendment offered by the gentleman from
California (Mr. Gallegly).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider Amendment No. 18 printed
in part A of House Report 106-186.
Amendment No. 18 Offered by Mr. Goss
Mr. GOSS. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A amendment No. 18 offered by Mr. Goss:
At the end of the bill, add the following (and make such
technical and conforming changes as may be appropriate):
SEC. 3. DISTRICT JUDGES FOR DISTRICTS IN THE STATES OF
ARIZONA, FLORIDA, AND NEVADA.
(a) Short Title.--This section may be cited as the
``Emergency Federal Judgeship Act of 1999''.
(b) In General.--The President shall appoint, by and with
the advice and consent of the Senate--
(1) 3 additional district judges for the district of
Arizona;
(2) 4 additional district judges for the middle district of
Florida; and
(3) 2 additional district judges for the district of
Nevada.
(c) Tables.--In order that the table contained in section
133 of title 28, United States Code, will reflect the changes
in the total number of permanent district judgeships
authorized as a result of subsection (a) of this section--
(1) the item relating to Arizona in such table is amended
to read as follows:
``Arizona.....................................................11'';....
(2) the item relating to Florida in such table is amended
to read as follows:
``Florida:
Northern.....................................................4 ....
Middle......................................................15 ....
Southern..................................................16'';....
and
(3) the item relating to Nevada in such table is amended to
read as follows:
``Nevada.......................................................6''.....
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the provisions of this section, including such sums as may be
necessary to provide appropriate space and facilities for the
judicial positions created by this section.
The CHAIRMAN. Pursuant to House Resolution 209, the gentleman from
Florida (Mr. Goss) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Florida (Mr. Goss).
Mr. GOSS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this amendment parallels an amendment offered by the
gentleman from Florida (Mr. McCollum) and the efforts of the gentleman
from Florida (Mr. McCollum), the gentleman from Florida (Mr. Canady)
and the gentleman from Nevada (Mr. Gibbons).
It is short. It is to the point. It provides for four new district
judges for the middle district of Florida, three for Arizona, and two
for Nevada. This exact language is already contained in the Senate
juvenile justice bill and similar legislation overwhelmingly passed
this House last year.
In these communities, the need for judges has hit the emergency
level. In
[[Page H4435]]
the middle district of Florida, for example, we have experienced a 62-
percent caseload increase since 1990, the last time we added a new
judgeship. In fact, the active caseloads for judgeships exceeds the
national average by as much as 100 percent. These statistics are
important, but they do not begin to describe the human impact.
In Ft. Myers, my hometown, a brand new Federal courthouse has an
empty judge's chambers, absolutely empty. While there are more than 800
active cases pending, there is no Article III judge to hear them.
While we may disagree on the merits of further gun restrictions or
increased penalties for juveniles, one thing is absolutely certain,
that all of us suffer when justice cannot be delivered. Even the best
laws are neutered if the judicial branch fails to adjudicate in a
timely fashion.
Mr. Chairman, I understand that there are as much areas of this
country with compelling arguments for more judges. These three States,
however, are among the top six court districts having the highest
weighted caseloads. In fact, the independent judicial conference
recommended a total of 19 new judgeships for these States.
This amendment contains nine paralleling the Senate language. This is
a responsible, necessary step to restore swift and certain justice in
some of the highest growing areas in the land. It is a bipartisan
amendment in both Houses. I urge its adoption.
Mr. Chairman, I yield to the distinguished gentleman from Florida
(Mr. McCollum).
Mr. McCOLLUM. Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, I just want to point out the middle district of Florida
encompasses 5 of the 10 fastest growing cities in the United States. It
is a 400-mile district from Jacksonville to Naples. And we have had no
new Federal judges since 1990 and during that time have had a 60-
percent increase in total filings and cases per judge, which is
extraordinary.
So I commend the gentleman for letting me join with him in this
amendment and urge its adoption.
Mr. GOSS. Mr. Chairman, I am happy to yield to the distinguished
gentleman from Nevada (Mr. Gibbons).
Mr. GIBBONS. Mr. Chairman, I thank my friend and colleagues for
yielding and applaud him on his leadership on this issue.
Mr. Chairman, of course, this issue is one of fundamental fairness.
The basic tenet of all our judicial system is the right to a speedy
trial. The addition of these Federal judges will allow not only
Florida, Arizona, and Nevada, who are rapidly growing; in fact Nevada
has one of the highest growth-rate cities in the Nation, to be able to
compete with that and complete that speedy-trial requirement.
The Federal average caseload is about 400 cases per judge. In Nevada,
the caseload per active judge is about 863. These two new Federal
judges for Nevada will allow for Nevada to compete with that
fundamental fairness and justice.
I urge the passage of this amendment.
Mr. GOSS. Mr. Chairman, I have to point out that the gentleman from
Florida (Mr. Canady) and the gentleman from Florida (Mr. McCollum) have
taken the lead efforts in this matter and we are grateful.
Mr. Chairman, I yield to the distinguished gentleman from Florida
(Mr. Canady).
Mr. CANADY of Florida. Mr. Chairman, I thank the gentleman for
yielding; and I want to thank him for the leadership that he has
demonstrated, along with the gentleman from Florida (Mr. McCollum) and
the others who have been involved in this effort.
We are facing a serious problem in the middle district of Florida.
There is an unacceptable backlog of cases. The administration of
justice is not going forward as it should in a timely fashion. This is
something that has to be addressed, and I believe it is important for
the House to step forward and meet its responsibility to make the
judicial personnel available to deal with the cases that are there.
This is an urgent matter. And if we are serious about the timely
administration of justice in the middle district of Florida and in
these other areas that are affected by this amendment, we will adopt
this amendment unanimously and get on with the business of seeing that
justice is administered.
Mr. GOSS. Mr. Chairman, I reserve the balance of my time.
Ms. BERKLEY. Mr. Chairman, I am not opposed to this amendment, but I
ask unanimous consent to be recognized to control debate time.
The CHAIRMAN. Is there objection to the request of the gentlewoman
from New York?
There was no objection.
Ms. BERKLEY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I thank the gentleman from Florida (Mr. Goss) for
offering this amendment.
Mr. Chairman, I rise today in strong support of the Goss amendment to
provide additional judgeships for Florida, Arizona, and Nevada, clearly
the three neediest States in the country.
As the representative of southern Nevada, I stand before you today to
demonstrate how great our need is for more judges. Nevada is ranked
second out of 94 in the Nation for caseload per judge and first in the
Ninth Circuit. Nevada is third in the Nation for growth of civil cases
per judge and eighth for felony cases.
In 1998 a total of 863 cases were filed in Nevada, almost double the
national average of 467 cases. Nevada is fifth in the country for
pending cases. If a constituent in my district files a lawsuit today,
that case will not be heard until January of the year 2002. Other
citizens across the United States have only to wait 9 months for
justice.
The reason for this delay in Nevada is that we do not have enough
judges for this extraordinary caseload. And justice delayed is justice
denied.
The Goss amendment would give much needed relief to our overworked
system. The two judgeships provided for Nevada would be the first
additions to our judicial circuits since 1984. While Nevada has not
seen an increase in the number of judges in its Federal courts in 15
years, Nevada's population has almost tripled.
{time} 2015
It is imperative that our judicial system is expanded to handle this
explosive growth. With 5000 new residents pouring into southern Nevada
every single month with no end in sight, this crisis in our judicial
system will only get worse if we do not address it today. Because of
the dynamic commercial development in southern Nevada we have some of
the most complex and difficult cases in the Nation. Southern Nevada is
truly a microcosm of our Nation's judicial system. Whatever can be
found in the United States will be found in my district tenfold.
As an attorney I can tell my colleagues that our judges handle
complex antitrust cases, intricate security litigation and a wide array
of employment discrimination cases and civil rights cases. They also
hear an unusually high number of fraud and criminal cases. We need
these additional judgeships.
Mr. Chairman, this is an emergency amendment to handle an emergency
situation. If Members review the facts, they will see that there are
solid reasons why Florida, Arizona and Nevada are distinguished from
the other jurisdictions. I urge my colleagues on both sides of the
aisle to provide this relief. Let us pass the Goss amendment and ensure
that our judicial courts can continue operating with the goal of
protecting all of our citizens.
Mr. GOSS. Mr. Chairman, we have no further speakers. I yield back the
balance of my time.
The CHAIRMAN. All time for debate expired.
The question is on the amendment offered by the gentleman from
Florida (Mr. Goss).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider Amendment No. 19 printed
in Part A of House Report 106-186.
Amendment No. 19 Offered by Mr. Traficant
Mr. TRAFICANT. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A amendment No. 19 offered by Mr. Traficant:
Page 4, line 23, strike ``To'' and insert the following
``Except as provided in section 1803(f), to''.
Page 13, after line 19, insert the following:
``(f) Special Rules.--
[[Page H4436]]
``(1) In general.--The funds available under this part for
a State shall be reduced by 25 percent and redistributed
under paragraph (2) unless the State has in effect throughout
the State a law which suspends the driver's license of a
juvenile until 21 years of age if such juvenile illegally
possess a firearm or uses a firearm in the commission of a
crime or an act of juvenile delinquency.
``(2) Redistribution.--Any funds available for
redistribution shall be redistributed to participating States
that have in effect a law referred to in paragraph (1).
``(3) Compliance.--The Attorney General shall issue
regulations to ensure compliance with the requirements of
paragraph (1).''.
The CHAIRMAN. Pursuant to House Resolution 209, the gentleman from
Ohio (Mr. Traficant) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Ohio (Mr. Traficant).
Modification Offered By Mr. Traficant to Amendment No. 19 Offered By
Mr. Traficant
Mr. TRAFICANT. Mr. Chairman, I ask unanimous consent that the pending
amendment be modified by the modification I have submitted to the desk.
The CHAIRMAN. The Clerk will report the modification.
The Clerk read as follows:
Modification to Amendment No. 19 offered by Mr. Traficant: In the
text of the matter proposed to be inserted, strike ``25
percent'' and insert in lieu thereof ``10 percent''.
The CHAIRMAN. Is there objection to the request of the gentleman from
Ohio that the amendment be modified?
Mr. CONYERS. Reserving the right to object, Mr. Chairman, could I
inquire of the author of the amendment what is the purpose or what is
this reduction about?
Mr. TRAFICANT. Mr. Chairman, will the gentleman yield?
Mr. CONYERS. I yield to the gentleman from Ohio.
Mr. TRAFICANT. Mr. Chairman, relatively we do not want to really
penalize States and make it overly burdensome to enact this
legislation, but we want to, in fact, try and encourage the States to
move towards this prevention modality that I am offering.
Mr. CONYERS. So, it is from 25 percent to 10 percent of what?
Mr. TRAFICANT. Of the justice funds be made available to the State
under the act.
Mr. CONYERS. I thank the gentleman from Ohio.
Mr. Chairman, I withdraw my reservation of objection.
The CHAIRMAN. Without objection, the amendment is modified.
There was no objection.
Mr. TRAFICANT. Mr. Chairman, I yield myself such time as I may
consume.
As my colleagues know, Mr. Chairman, I am a former sheriff, and I
think this bill is lacking in one major area, and that is prevention.
The only acceptable crime to me was the crime that was never committed,
an old axiom, an ounce of prevention is worth a full pound of cure. The
Traficant amendment simply says there be a 10 percent reduction in
funds under this bill for any State that does not enact the following
law:
Any juvenile that commits an offense involved with a gun or firearm
and convicted, in addition to any other penalties that are placed
before under the State, they would also have their driving privileges
revoked to age 21.
It is a very simple little preventive measure. Kids love to drive
cars, and many of them make mistakes they wish they had back 30 seconds
of their life, and I could see a new attitude and mentality in saying,
``Look, Bob, I dig you, but I don't want to hear about it with that
gun,'' and for the first time we begin to modify some behavior.
I think it is very important for Congress to look at prevention
elements, to try and reduce the potential of crime. Not every kid in
jail for a crime is as bad as he is purported to be, for sure, and
there is some kids and some parents we have to tell it is their kids
that other kids should stay away from for sure.
I think it is a very good amendment, I think mandatory minimums and
all of the heavy penalties we put are not going to make much of a
difference, and I am not going to say this is going to affect every kid
and have a great reduction in crime, but I think it will become the
universal applied law through the States where most of the crime is
committed; the word will get out and say, ``Look, man, I don't want to
lose my driving privileges,'' and I think it will have some beneficial
effect, enough of a beneficial effect that I think it would be good for
the country.
Mr. McCOLLUM. Mr. Chairman, will the gentleman yield?
Mr. TRAFICANT. I yield to the distinguished gentleman from Florida.
Mr. McCOLLUM. Mr. Chairman, I want to rise to support the amendment
with the gentleman from Ohio. Having had the accommodation that he
granted a moment ago in the modification, I think the gentleman has
been gracious about that. In principle I have agreed with him all
along, that the idea of a child, a youngster, losing their driving
privileges is an extraordinary incentive. That is probably the best
disciplinary tool we have got for a teenager, and I think that it does
work.
The only question I ever had was the attachment as a condition that
perhaps in some larger States in the Nation, cost the money in this
bill if their legislatures did not go along, which they might well not,
and the money, being money in this base bill that goes to improvement
of the juvenile justice systems and the States for more juvenile
judges, probation officers and so forth, that is extraordinarily
important.
The only restriction in the bill other than this one that exists is
the one on requiring States to demonstrate graduated sanctions
punishing the first time offender, which is not happening right now,
and we are worried about putting consequences, and, as the gentleman
knows, and accountability into the law now making sure that from the
very first early delinquent act a child receives some kind of sanction.
So I understand the gentleman has been sympathetic to my concerns, I
am sympathetic to his, and with the reduction of the amount of loss of
money for failing to do this to a State down to 10 percent as the
condition, I support the gentleman's amendment, and I appreciate his
accommodation.
Mr. TRAFICANT. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I appreciate it. In closing I would just like to add
the following:
We should be about trying to prevent crime. This message does that.
As a former sheriff, I know that most of the deal, most of the debate
we have about crime, is really in the State province, and I think this
is one way to deal with the volumes of cases that are affected by State
law.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. Does the gentleman from Virginia (Mr. Scott) seek to
control the time in opposition?
Mr. SCOTT. I do, Mr. Chairman.
The CHAIRMAN. The Chair recognizes the gentleman from Virginia (Mr.
Scott) for 5 minutes.
Mr. SCOTT. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this seems like a reasonable bill to add loss of
driver's licenses to the myriad of different options available to a
judge. However, we have had no hearing on this provision, and so we do
not know what it might do.
I would also add that we are telling the States to change their laws
to accommodate this particular provision. It is another mandatory
sentence, and one of the things we heard from judges and advocates and
researchers was that the punishment should be individualized to the
particular juvenile. This does not individualize the punishment. It
gives a one size fits all. There may be some young people for whom the
loss of license may not be appropriate, a young person who may need the
license to continue employment, for example. There may be other
punishments that may be more appropriate for that individual, and for
that reason, Mr. Chairman, I think this needs some more work. It should
be considered by committee and should be opposed at this time.
Mr. TRAFICANT. Mr. Chairman, I yield myself the balance of my time.
The CHAIRMAN. The gentleman from Ohio is recognized for the 30
seconds remaining.
Mr. TRAFICANT. Mr. Chairman, it would be up to the States, and, as
they have done in some DUI cases with juveniles, they could grant
exceptions for young people who have to use their car for work.
The bottom line, that is up to the States. It would simply reduce the
[[Page H4437]]
funds if they did not enact the law that would cause them to lose and
revoke their driving privileges.
Mr. Chairman, I urge the Congress for an aye vote.
The CHAIRMAN. All time for debate on this amendment has expired.
The question is on the amendment, as modified, offered by the
gentleman from Ohio (Mr. Traficant).
The amendment, as modified, was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 20 printed
in part A of House Report 106-186.
Amendment No. 20 Offered by Mr. Meehan
Mr. MEEHAN. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A amendment No. 20 offered by Mr. Meehan:
At the end of the bill, insert the following:
SEC. __. YOUTH CRIME GUN INTERDICTION INITIATIVE (YCGII).
(a) In General.--The Secretary of the Treasury shall
expand--
(1) to 75 the number of city and county law enforcement
agencies that through the Youth Crime Gun Interdiction
Initiative (referred to in this section as YCGII) submit
identifying information relating to all firearms recovered
during law enforcement investigations, including from
individuals under 25, to the Secretary of the Treasury to
identify the types and origins of such firearms; and
(2) the resources devoted to law enforcement investigations
of illegal youth possessors and users and of illegal firearms
traffickers identified through YCGII, including through the
hiring of additional agents, inspectors, intelligence
analysts, and support personnel.
(b) Selection of Participants.--The Secretary of the
Treasury, in consultation with Federal, State, and local law
enforcement officials, shall select cities and counties for
participation in the program under this section.
(c) Establishment of System.--The Secretary of the Treasury
shall establish a system through which State and local law
enforcement agencies, through online computer technology, can
promptly provide firearms-related information to the
Secretary of the Treasury and access information derived
through YCGII as soon as such capability is available. Not
later than 6 months after the date of enactment of this Act,
the Secretary shall submit to the Chairman and ranking Member
of the Committees on Appropriations of the House of
Representatives and the Senate, a report explaining the
capacity to provide such online access and the future
technical and, if necessary, legal changes required to make
such capability available, including cost estimates.
(d) Report.--Not later than 1 year after the date of
enactment of this section, and annually thereafter, the
Secretary of the Treasury shall submit to the Chairman and
ranking Member of the Committees on Appropriations of the
House of Representatives and the Senate a report regarding
the types and sources of firearms recovered from individuals,
including those under the age of 25; regional, State, and
national firearms trafficking trends; and the number of
investigations and arrests resulting from YCGII.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Department of the Treasury to carry
out this section $50,000,000 for fiscal year 2000 and such
sums as may be necessary for fiscal years 2001 through 2004.
The CHAIRMAN. Pursuant to House Resolution 209, the gentleman from
Massachusetts (Mr. Meehan) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Massachusetts (Mr. Meehan).
Mr. MEEHAN. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this amendment expands the youth crime gun interdiction
initiative to 75 cities and county law enforcement agencies throughout
the country. The ATF's youth crime gun interdiction initiative is a
cutting edge strategy to disrupt the illegal supply of guns to
juveniles.
Following the example of the fantastic successes of the Boston gun
project led by Professor David Kennedy, local law enforcement officials
in 27 cities are employing ATF's expertise and resources to trace
firearms used in crimes. This number of participating cities is
currently slated to grow to 37 cities and counties by the end of Fiscal
Year 2000.
Now the Boston gun project, also known as operation cease-fire, is
aimed at preventing youth homicide. It combines Federal efforts with
those State and local law enforcement authorities to crack down on the
illegal guns supplied, those officials who identify sources and
patterns of illegal firearm trafficking and develop law enforcement
strategies to reduce the flow of weapons to the youngest members of our
society. Once we know how the kids are getting the guns, and from whom
they are getting the guns, and where those guns are coming from, we
will be far more likely to be able to prevent the kids from getting
guns in the first place.
For example, through gun tracing the Boston Police Department
discovered that the guns being used by gang members in one particular
neighborhood were purchased by one individual in Mississippi and then
transported to Boston. Now after that individual was arrested,
shootings in that neighborhood declined dramatically. The connection
between guns and juvenile crime is well known. Virtually all of the
striking rise and the homicide rate between 1987 and 1994 was
associated with guns.
Now the Senate included an expansion of the youth gun control
interdiction initiative in their version of the juvenile justifies
legislation. In fact, the other body passed this legislation and
expands the programs to 250 cities or counties by October 1, the year
2003. As time goes on and this program continues to demonstrate
success, we can add cities to the list. My amendment is not gun control
legislation, but rather it is a proven effective crime control. It
simply keeps illegal guns out of the hands of those kids who use them
to commit crimes and seeks out and punishes those who provide guns to
kids.
I was disappointed that this program was not included in the
gentleman from Illinois' juvenile justice bill, especially in light of
the fact that it has proven so successful. Trafficking of guns drives
the worst kind of violent crime. We can address this problem with the
youth gun interdiction initiative that has already started to do just
that.
Mr. Chairman, keeping guns out of the hands of children is not a new
debate. Over 30 years ago Robert Kennedy spoke about the dangers of
kids and guns in words that have proven unfortunately timeless. We have
a responsibility to the victims of crime and violence, Robert Kennedy
said. It is a responsibility to think not only of our own convenience
but of the tragedy of sudden death. It is a responsibility to put away
childish things to make the possession and use of firearms a matter
undertaken only by serious people who will use them with the restraint
and maturity that their dangerous nature deserves and demands.
{time} 2030
Let us end kids' access to guns once and for all.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. Does any Member seek to control time in opposition to
the gentleman's amendment?
Mr. MEEHAN. Mr. Chairman, I yield such time as he may consume to the
gentleman from Michigan (Mr. Conyers).
Mr. CONYERS. Mr. Chairman, I want to suggest that what the gentleman
from Massachusetts, a member of the Committee on the Judiciary is
doing, is extremely important, because rather than trying to determine
penalties and negative means of controlling dangerous weapons, we are
going to the root of the problem. Many of these young people get guns
from sources that are not entirely clear to us, and this gun control
initiative is going to surely be helpful. I want to congratulate the
gentleman on this, because the Senate has already moved and they are
waiting for us.
So I am happy to add the support of the Democrats on the committee
for this important measure.
Mr. MEEHAN. Mr. Chairman, I yield myself such time as I may consume,
and I thank the ranking member, and I would say that there are success
stories in cities across the country; in Boston, I mentioned, and in my
hometown of Lowell, Massachusetts where the police department is
initiating similar goals and objectives. I thank the gentleman for his
support.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Massachusetts (Mr. Meehan).
The amendment was agreed to.
[[Page H4438]]
Sequential Votes Postponed in Committee of the Whole
The CHAIRMAN. Pursuant to House resolution 209, proceedings will now
resume on those amendments on which further proceedings were postponed
in the following order:
Amendment No. 10 offered by the gentleman from California (Mr.
Cunningham);
Amendment No. 16 offered by the gentleman from Texas (Mr. DeLay).
The Chair will reduce to 5 minutes the time for any electronic vote
after the first vote in this series.
Amendment No. 10 offered by Mr. Cunningham
The CHAIRMAN. The pending business is a demand for a recorded vote on
the amendment offered by the gentleman from California (Mr. Cunningham)
on which further proceedings were postponed and on which the ayes
prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 401,
noes 27, not voting 6, as follows:
[Roll No 214]
AYES--401
Abercrombie
Ackerman
Aderholt
Allen
Andrews
Archer
Armey
Bachus
Baird
Baker
Baldacci
Baldwin
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Bentsen
Bereuter
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop
Blagojevich
Bliley
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Brown (FL)
Brown (OH)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cannon
Capps
Capuano
Cardin
Carson
Castle
Chabot
Chambliss
Chenoweth
Clement
Clyburn
Coble
Coburn
Collins
Combest
Condit
Cook
Cooksey
Costello
Cox
Coyne
Cramer
Crane
Crowley
Cubin
Cunningham
Danner
Davis (FL)
Davis (IL)
Davis (VA)
Deal
DeFazio
DeGette
Delahunt
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
English
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Filner
Fletcher
Foley
Forbes
Ford
Fossella
Fowler
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goode
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Green (TX)
Green (WI)
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill (IN)
Hill (MT)
Hilleary
Hinchey
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Hooley
Horn
Hostettler
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Inslee
Isakson
Istook
Jackson-Lee (TX)
Jefferson
Jenkins
John
Johnson (CT)
Johnson, Sam
Jones (NC)
Kanjorski
Kaptur
Kelly
Kennedy
Kildee
Kind (WI)
King (NY)
Kingston
Kleczka
Klink
Knollenberg
Kolbe
Kucinich
Kuykendall
LaFalce
LaHood
Lampson
Lantos
Largent
Larson
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Luther
Maloney (CT)
Maloney (NY)
Manzullo
Markey
Martinez
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McGovern
McHugh
McInnis
McIntosh
McIntyre
McKeon
McKinney
McNulty
Meehan
Menendez
Metcalf
Mica
Millender-McDonald
Miller (FL)
Miller, Gary
Miller, George
Minge
Moakley
Mollohan
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Nadler
Napolitano
Neal
Nethercutt
Ney
Northup
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Ose
Oxley
Packard
Pallone
Pascrell
Pastor
Pease
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pickering
Pickett
Pitts
Pombo
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Quinn
Radanovich
Rahall
Ramstad
Rangel
Regula
Reyes
Reynolds
Riley
Rivers
Rodriguez
Roemer
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Rothman
Roukema
Roybal-Allard
Royce
Ryan (WI)
Ryun (KS)
Sabo
Salmon
Sanchez
Sanders
Sandlin
Sawyer
Saxton
Scarborough
Schaffer
Schakowsky
Sensenbrenner
Serrano
Sessions
Shaw
Shays
Sherman
Sherwood
Shimkus
Shows
Shuster
Simpson
Sisisky
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Spence
Spratt
Stabenow
Stark
Stearns
Stenholm
Strickland
Stump
Stupak
Sununu
Sweeney
Talent
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Thune
Thurman
Tiahrt
Tierney
Toomey
Towns
Traficant
Turner
Udall (CO)
Udall (NM)
Upton
Velazquez
Vento
Visclosky
Vitter
Walden
Walsh
Wamp
Watkins
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
Wexler
Weygand
Whitfield
Wicker
Wilson
Wise
Wolf
Woolsey
Wu
Wynn
Young (AK)
Young (FL)
NOES--27
Campbell
Clay
Clayton
Conyers
Cummings
Engel
Hastings (FL)
Hilliard
Jackson (IL)
Johnson, E. B.
Jones (OH)
Kilpatrick
Lee
McDermott
Meek (FL)
Meeks (NY)
Mink
Owens
Paul
Payne
Pelosi
Rush
Sanford
Scott
Shadegg
Waters
Watt (NC)
NOT VOTING--6
Brown (CA)
Ewing
Houghton
Kasich
Thomas
Weiner
{time} 2055
Mr. HILLIARD, Mr. PAUL, Mrs. CLAYTON, and Mr. CONYERS changed their
vote from ``aye'' to ``no.''
Mr. DELAHUNT changed his vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Stated For:
Mr. EWING. Mr. Chairman, on rollcall No. 214, I was unavoidably
delayed. Had I been present, I would have voted ``yes.''
Announcement by the Chairman Pro Tempore
The CHAIRMAN pro tempore (Mr. Barrett of Nebraska). Pursuant to House
Resolution 209, the Chair announces that he will reduce to a minimum of
5 minutes the period of time within which a vote by electronic device
will be taken on the additional amendment on which the Chair has
postponed further proceedings.
Amendment No. 16 Offered by Mr. DeLay
The CHAIRMAN pro tempore. The pending business is the demand for a
recorded vote on the amendment offered by the gentleman from Texas (Mr.
DeLay) on which further proceedings were postponed and on which the
ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN pro tempore. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN pro tempore. This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 296,
noes 133, not voting 5, as follows:
[Roll No. 215]
AYES--296
Aderholt
Andrews
Archer
Armey
Bachus
Baird
Baker
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Berry
Biggert
Bilbray
Bilirakis
Bishop
Blagojevich
Bliley
Blunt
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boswell
Boyd
Brady (TX)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cannon
Capps
Castle
Chabot
Chambliss
Chenoweth
Clement
Coble
Coburn
Collins
Combest
Condit
Cook
Cooksey
Costello
Cox
Cramer
Crane
Cubin
Cunningham
Danner
Davis (FL)
Davis (VA)
Deal
DeLay
DeMint
Deutsch
Diaz-Balart
Dickey
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Eshoo
Etheridge
Everett
Ewing
Fletcher
Foley
Forbes
Fossella
Fowler
Franks (NJ)
Frelinghuysen
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Goode
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Green (TX)
Green (WI)
Gutknecht
Hall (TX)
Hansen
Hastings (WA)
[[Page H4439]]
Hayes
Hayworth
Hefley
Herger
Hill (IN)
Hill (MT)
Hilleary
Hinojosa
Hobson
Hoekstra
Holden
Holt
Hooley
Horn
Hostettler
Hulshof
Hunter
Hutchinson
Hyde
Inslee
Isakson
Istook
Jenkins
John
Johnson (CT)
Johnson, Sam
Jones (NC)
Kanjorski
Kelly
Kildee
King (NY)
Kingston
Kleczka
Knollenberg
Kolbe
Kuykendall
LaHood
Lampson
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Luther
Maloney (CT)
Maloney (NY)
Manzullo
Mascara
McCollum
McCrery
McHugh
McInnis
McIntosh
McIntyre
McKeon
Menendez
Metcalf
Mica
Miller (FL)
Miller, Gary
Mollohan
Moran (KS)
Murtha
Myrick
Nethercutt
Ney
Northup
Norwood
Nussle
Ortiz
Ose
Oxley
Packard
Pallone
Pascrell
Paul
Pease
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pickering
Pickett
Pitts
Pombo
Porter
Portman
Price (NC)
Pryce (OH)
Quinn
Radanovich
Ramstad
Regula
Reyes
Reynolds
Riley
Rivers
Roemer
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Rothman
Roukema
Royce
Ryan (WI)
Ryun (KS)
Salmon
Sandlin
Sanford
Saxton
Scarborough
Schaffer
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shows
Shuster
Simpson
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Spence
Spratt
Stabenow
Stearns
Stenholm
Stump
Sununu
Sweeney
Talent
Tancredo
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thornberry
Thune
Thurman
Tiahrt
Toomey
Traficant
Turner
Upton
Visclosky
Vitter
Walden
Walsh
Wamp
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Wexler
Weygand
Whitfield
Wicker
Wilson
Wise
Wolf
Wu
Young (AK)
Young (FL)
NOES--133
Abercrombie
Ackerman
Allen
Baldacci
Baldwin
Barrett (WI)
Becerra
Berkley
Berman
Blumenauer
Boucher
Brady (PA)
Brown (FL)
Brown (OH)
Campbell
Capuano
Cardin
Carson
Clay
Clayton
Clyburn
Conyers
Coyne
Crowley
Cummings
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Dixon
Doggett
Dooley
Engel
English
Evans
Farr
Fattah
Filner
Ford
Frank (MA)
Frost
Gejdenson
Gephardt
Gonzalez
Greenwood
Gutierrez
Hall (OH)
Hastings (FL)
Hilliard
Hinchey
Hoeffel
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (OH)
Kaptur
Kennedy
Kilpatrick
Kind (WI)
Klink
Kucinich
LaFalce
Lantos
Larson
Lee
Lewis (GA)
Markey
Martinez
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Millender-McDonald
Miller, George
Minge
Mink
Moakley
Moore
Moran (VA)
Morella
Nadler
Napolitano
Neal
Oberstar
Obey
Olver
Owens
Pastor
Payne
Pelosi
Pomeroy
Rahall
Rangel
Rodriguez
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sawyer
Schakowsky
Scott
Serrano
Slaughter
Snyder
Stark
Strickland
Stupak
Tauscher
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Velazquez
Vento
Waters
Watt (NC)
Waxman
Woolsey
Wynn
NOT VOTING--5
Brown (CA)
Houghton
Kasich
Thomas
Weiner
{time} 2103
So the amendment was agreed to.
The result of the vote was announced as above recorded
Parliamentary Inquiry
Mr. CONYERS. Mr. Chairman, parliamentary inquiry.
The CHAIRMAN. The gentleman will state his parliamentary inquiry.
Mr. CONYERS. Mr. Chairman, can the Chair inform us of the schedule at
the present moment for the balance of the evening as to whether there
will be further votes?
The CHAIRMAN. The Chair has no information on the schedule.
Mr. CONYERS. Could leadership give us a clue?
Mr. McCOLLUM. Mr. Chairman, it is my understanding that we are going
to roll votes through the DeMint amendment in the order that we are and
probably take any votes that have been ordered then. I do not know if
the intent is to go further than that but I do not believe Members
generally will be required to stay for votes after that. I am not quite
sure how long that will take.
Mr. CONYERS. I thank the subcommittee chair. It is our hope on this
side that we will roll all the votes for the balance of the evening, if
it pleases the leadership.
The CHAIRMAN. It is now in order to consider amendment No. 21 printed
in part A of House Report 106-186.
Amendment No. 21 Offered by Mr. Stearns
Mr. STEARNS. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A amendment No. 21 offered by Mr. Stearns:
At the end of the bill insert the following:
SEC. __. FINDINGS.
The Congress finds that--
(1) more than 40,000 laws regulating the sale, possession,
and use of firearms currently exist at the Federal, State,
and local level;
(2) there have been an extremely low number of prosecutions
for Federal firearms violations;
(3) programs such a Project Exile have succeeded in
dramatically decreasing homicide and gun-related crimes; and
(4) enhanced punishment and aggressive prosecution for
crimes committed with firearms, or possessing a firearm
during commission of a crime, are common sense solutions to
deter gun violence.
The CHAIRMAN. Pursuant to House Resolution 209, the gentleman from
Florida (Mr. Stearns) and a Member opposed each will control 10
minutes.
The Chair recognizes the gentleman from Florida (Mr. Stearns).
Mr. STEARNS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, the legislation we are discussing today and tomorrow
will be a major factor in demonstrating how this Congress addresses the
concerns of our Nation. My amendment inserts a set of congressional
findings into H.R. 1501 regarding enforcement of Federal firearms laws.
Mr. Chairman, both the House and the Senate have heard hours of
testimony regarding this current epidemic of youth violence, with both
bodies examining the role that guns have played in the issue. One of
the most striking facts to emerge from these hearings is a very small
number of prosecutions for Federal firearm violations.
Now, all of us in this Chamber remember the Brady Act which passed in
the 103rd Congress. It was a law designed to prevent criminals or other
ineligible individuals from obtaining firearms through waiting periods
and background checks.
President Clinton announced earlier today that since passage of the
Brady bill over 400,000 sales to individuals prohibited from owning a
firearm were prevented. Two-thirds of those were prior felons.
Under current law, it is illegal to submit false information in
attempting to purchase a firearm. However, Mr. Chairman, not even a
tenth of those attempts were prosecuted.
Let me just give a few statistics from the Executive Office of the
U.S. Attorney on Firearms from 1996 to 1998. Out of all violations in
the first phase of the Brady Act, only one person was prosecuted for
unspecified violations under the Brady Act. Less than 100 were
prosecuted since the beginning of the second phase; the instant check
phase, there has not been a single prosecution.
Now, let us compare the Brady Act to another program, one that was
not initiated by Federal mandate and not initiated by this Congress,
Project Exile out of Richmond, Virginia.
This was initiated by the U.S. Attorney's Office in Richmond,
Virginia. Specifically, the program increased the number of
prosecutions for felony possession of firearms when an individual was
apprehended in possession of a gun.
When an individual was apprehended in possession of a gun, he was
exiled to prison for a minimum of 5 years. Law enforcement officers
carried a laminated card specifying the types of criminals targeted
under the program: Felons, drug users and fugitives. If a suspect was
caught with a firearm, and it was determined that any Federal law had
been broken, prosecution began immediately.
In 1997, Richmond had one of the highest homicide rates in the
Nation. Within one year, under Project Exile, Richmond's homicide rate
was reduced by one-third. Furthermore, at the end of 1998, 309 Federal
criminal gun law
[[Page H4440]]
violations were prosecuted. These were prosecutions in one city, in one
county.
The Brady Act is nationwide and cannot even begin to compete with
this program, Mr. Chairman.
The administration in testimony before the House Committee on the
Judiciary stated that the number of prosecutions are not a good measure
of the law's effectiveness. In fact, Attorney General Reno, in her May
5 appearance before the Senate Committee on the Judiciary, stated, ``I
cannot promise improvement in the numbers of prosecutions.''
Prosecution is a key to the law's effectiveness. The Brady Act may
have prevented 400,000 illegal purchases but knowing that two-thirds
were prior felons, how many of those then obtained guns illegally? If
they were prosecuted for attempting to purchase a firearm as the law
requires, we would not have to ask that question.
Mr. Chairman, my enforcement amendment simply states that this body
recognizes that our country has over 40,000 firearm laws at all levels
of government, and there has been less than adequate prosecution of
these 40,000 laws. It acknowledges the success of Project Exile through
vigorous enforcement and prosecution of current laws.
Finally, Mr. Chairman, my amendment states that enhancement and
aggressive prosecution of gun crimes is the best deterrent to gun
violence. Enforcement and prosecution is the key to curbing gun
violence and protecting our children, and I urge the adoption of this
amendment.
Mr. Chairman, I reserve the balance of my time.
Mrs. JONES of Ohio. Mr. Chairman, I rise in opposition to the
amendment.
The CHAIRMAN. The gentlewoman from Ohio (Mrs. Jones) is recognized
for 10 minutes.
Mrs. JONES of Ohio. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, the gentleman from Florida (Mr. Stearns) admits that
the Brady Act is working. He cites 400,000 criminals and others who
could not get guns, but he says that those 400,000 prohibited persons
should have been tried or prosecuted for false statements.
I would say to the gentleman from Florida (Mr. Stearns), this shows
that he does not understand Brady's purposes. It is preventive. If
400,000 ex-cons are stopped from getting semiautomatic and other
illegal weapons, the law worked. Prosecutions were never the purpose of
the Brady Act.
First, the amendment notes that with thousands of current Federal and
State and local firearms laws in existence, there have been very few
prosecutions under those laws.
This finding is simply inaccurate. The total number of Federal and
State prosecutions is up sharply. About 25 percent more criminals are
sent to prison for State and Federal weapons offenses than in 1992. It
is a rise from 20,681 to 25,186. This argument also does not
acknowledge that the violent crime rates in America have dropped
significantly since 1992. The Nation's overall violent crime rate has
dropped by nearly 20 percent since 1992.
{time} 2130
The collaboration between Federal, State and local authorities and
community leaders has led to more significant decreases in specific
areas. The drops in the violent crime rate extends specifically to
crimes involving guns as well.
Between 1992 and 1997, violent crimes committed with guns, including
homicides, robberies, and aggravated assaults fell by an average of 27
percent. Overall, these statistics show that the government is pursuing
actively any violations of the current firearm laws.
The argument that the decrease in the number of Federal prosecutions
indicates otherwise ignores the cooperation between the several levels
of government and members of the community to maximize prosecutorial
resources.
Second, the amendment notes that programs such as Project Exile,
which shifts prosecution of gun offenses from State court to Federal
court, have reduced homicide rates. While Project Exile has reduced
homicide rates, it is not without its share of criticisms.
First, it greatly expands the number of criminal cases handled in the
Federal court, which prevents the court from adequately handling other
cases that are the proper domain of the court such as civil rights case
and multistate civil cases. Further, by requiring the U.S. Attorney to
charge the most serious offense possible, it takes away prosecutorial
discretion.
Finally, encouraging Federal prosecutors to prosecute State court
offenses is another example of the Federal Government encroaching on
the domain of the States.
When I got elected to Congress, Mr. Chairman, I committed to my
colleagues, members of the National District Attorneys Association,
that if I had an opportunity to stand on the floor of the House to
oppose any legislation that will require Federal prosecutors to do our
job, I would do that. I stand here today in opposition to this
amendment and many of the other amendments that have come to this floor
to take away the discretion of State prosecutors.
State prosecutors are elected and well endowed with the ability to
handle many of the offenses that we are considering here on this floor
today. So I rise in opposition to the amendment.
Further, Mr. Chairman, I would say, drying up the supply of firearms
and building on the success of Brady is what we intend to do. Since
1993, when Brady became law, it meant more than 250,000 felons,
fugitives, and other prohibitive purchasers have been denied access to
firearms.
Let us talk about the purpose of Brady. It was preventive. It meant
we do not even let them get to have a gun in order to commit an
offense. By considering the amendment that is on the floor today, Mr.
Chairman, we deny the importance of Brady and make a suggestion, just
by assuming the facts of the amendment of the gentleman from Florida
(Mr. Stearns), that that is going to do something to curb the gun
problem in our country.
To make statements is not going to curb the problem. The way we curb
gun problems in our country is gun control, gun safety, and gun trigger
locks.
Mr. Chairman, I reserve the balance of my time.
Mr. STEARNS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I think, while I have my other speaker speak, I would
like the gentlewoman from Ohio (Mrs. Jones) to read the Federal
Criminal Code. It is a Federal crime to even attempt to buy a firearm.
Perhaps she would like to read 922. I do not think she quite
understands the amendment.
Mr. Chairman, I am delighted to yield 1 minute to the gentleman from
Virginia (Mr. Bliley), the distinguished chairman of the Committee on
Commerce.
Mr. BLILEY. Mr. Chairman, I thank the gentleman from Florida for
yielding me this time.
Let me say this, I commend the gentleman for his amendment. Project
Exile has worked in Richmond. It has the support of the Richmond City
Council, the Richmond City Police Department. It has been responsible
for reducing homicides in the city by a substantial amount.
Let me read, though, it has been recognized that most violent crime
is committed by just a few repeat offenders, the U.S. Attorney for the
Eastern District of Virginia, whose office initiated Project Exile,
says, and I quote, ``Officials were shocked at the extent of Project
Exile. Suspects criminals records: Several have been four, five and
eight convictions of offenses as serious as robbery, abduction, and
murder. Let me say, this has been a project that has worked, and I hope
that more cities and communities around the country will adopt it.''
Mrs. JONES of Ohio. Mr. Chairman, I yield 2 minutes to the
gentlewoman from Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the gentlewoman from
Ohio for yielding me this time, and I thank her for her very pointed
and very responsive comments to the gentleman's amendment.
I think it is all right to recite as findings that we all can do a
better job at law enforcement. But I think it is important to be clear
on just what has happened over the last 5 years. Gun laws are enforced
more vigorously today than 5 years ago by nearly any measure.
Prosecutions are more frequent than ever before. Sentences are longer,
and the number of inmates in prison on gun offenses is at a record
level. The number of inmates in Federal prison on firearm or arson
charges
[[Page H4441]]
increased 51 percent from 1993 to 1998 to 8,979.
I think it is certainly commendable of the Committee on Rules to have
allowed just about every amendment that Republicans offered to get in,
some good, some not. But it certainly does not speak to what we are
trying to do here, to be responsible.
I think my colleague made it very clear that the Brady bill is
preventive. It is to get guns out of the hands of felons and criminals
so that they do not commit crimes.
I have a letter from the City of Houston, Houston Fire Department EMS
that indicates that passing laws in and of themselves are preventive.
I hope we will be able to pass, for example, closing the gun show
loophole. Those provide chilling effects, as the Brady bill did, to
prevent people from even going, when I say people, prevent those
individuals who have criminal interests from even going into a gun
show. I hope the gentleman from Florida (Mr. Stearns) will join us in
passing that.
The city of Houston EMS director wrote and said the gun safety
legislation we passed in 1992 saw a sizable decrease in intentional
shootings by children just by the passing of the law.
So I would take issue with the fact that we have a problem with
enforcement. But I would also ask my colleague if he would join me in
supporting increasing the ATF, as I had offered in the Committee on
Rules, by some thousand officers to increase it to 2,800.
All of these things I think contribute to a better response to gun
violence. But certainly I am not talking about the fact that we have
not been enforcing the law.
Mr. STEARNS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I just would remind the gentlewoman from Texas (Ms.
Jackson-Lee), who serves on the Committee on the Judiciary, that the
Brady bill was not passed just to persuade people not to get firearms.
It was put in place to actually enforce people who were felons. As I
pointed out earlier to the gentlewoman from Ohio (Mrs. Jones), in the
Federal Criminal Code, on Rule 922, unlawful acts, it is unlawful to
attempt to buy a firearm if one is a felon.
We have had plenty of data to show that occurred, and it was not
prosecuted. So if that side of the aisle wants to make the case and
excuses that they do not want to prosecute, that is their case.
Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from Arizona
(Mr. Shadegg).
(Mr. SHADEGG asked and was given permission to revise and extend his
remarks.)
Mr. SHADEGG. Mr. Chairman, I rise in strong support of the
gentleman's amendment, and I want to make it clear what it does and
what it does not do.
Project Exile is a very simple project initiated by the U.S. Attorney
in Richmond, Virginia, and it is straightforward. It simply says we
will have zero tolerance for two things: crimes committed with guns and
possessing a gun when one commits a crime.
The U.S. Attorney in Richmond, Virginia said, ``You know what? We
have got lots of criminals committing crimes with guns and lots of
criminals, indeed many of them previously convicted felons, who cannot
possess a gun, committing crimes while they possess a gun; and we are
going to adopt a policy that says we will tolerate that not one iota,
zero tolerance for crimes committed with guns and for possessing a gun
while committing a crime.''
So they decided to aggressively prosecute those two crimes. What was
the net effect? Three hundred ninety defendants have been prosecuted in
Federal court. But that is the shocking result. The shocking result is
that the crime, the homicide rate in the city of Richmond, Virginia was
cut by one-third.
Let us talk about what this amendment says. The amendment says
straightforward, findings about what has happened, and says ``enhanced
punishment and aggressive prosecution for crimes committed with
firearms, or possessing a firearm during the commission of a crime, are
common-sense solutions to deter gun violence.''
Who can argue with that? We need to prosecute those crimes as
aggressively as possible and should hope we can achieve the results
that Richmond, Virginia has achieved.
I urge Members to support the amendment.
Mrs. JONES of Ohio. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, so that the other side of the aisle is not confused, no
one on this side of the aisle is not encouraging prosecution. The
statement that has in fact been made is that the Brady bill's intention
was to take guns out of the hands of criminals.
Now, it is important that since my colleagues think it is important
to set forth findings in the record in this juvenile crime bill with
regard to the Richmond case, why not set forth some findings that, in
fact, if we had a trigger lock on the gun, people would not be able to
kill other people so quickly? Why not set forth a finding that, if, in
fact, we had a waiting period on the purchase of a gun, people might
not have opportunity to shoot people so quickly?
My colleagues talk about common-sense solutions. The common-sense
solutions, as I said, Mr. Chairman, would, in fact, set forth the
finding that, if, in fact, this Congress would find that gun control
and gun safety were important, we would have less homicides and less
killings in this country.
So when we talk about common-sense solutions, let us get some common
sense in the House and pass gun control right here, right now, today.
But let us go back to findings as we call common-sense solutions. In
fact, prosecutors throughout this country, both Federal and State
prosecutors, have done a great job at prosecuting all types of
offenses. Crime in this country is down as a result of the prosecution
by numerous prosecutors throughout this country. Homicide rates are
down as a result of numerous prosecutions by prosecutors, both State
and Federal.
Mr. Chairman let me state to my colleagues that I rise in opposition
to the amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. STEARNS. Mr. Chairman, I yield 30 seconds to the gentleman from
Arizona (Mr. Hayworth).
Mr. HAYWORTH. Mr. Chairman, I thank the gentleman from Florida for
yielding me the time.
I thank the gentlewoman from Ohio (Mrs. Jones), Mr. Chairman,
although I do wish with parliamentary decorum she would address her
remarks through the Chair.
As former President Reagan said, facts are stubborn things. The fact
is, Mr. Chairman, 300,000 convicted felons have not been prosecuted
under the Brady law.
Project Exile and the amendment offered by the gentleman from Florida
(Mr. Stearns) is a common-sense solution to say that criminals who
commit crimes with firearms and with firearms in their possession will
go to jail.
Mr. STEARNS. Mr. Chairman, I yield 30 seconds to the distinguished
gentleman from Florida (Mr. McCollum).
Mr. McCOLLUM. Mr. Chairman, I strongly support this amendment. The
fact is that, if one is a felon and one goes to buy a gun anywhere or
possess one, one has committed a crime and one ought to be prosecuted.
Under the Bush administration, under what they call Operation Trigger
Lock, that was happening all over the country so that we could take
felons who committed the crime of having a gun on their person after
they have been convicted previously off the streets. This
administration has been unwilling to do that.
Sure we have State prosecutions that may be up on gun crimes, but we
sure as heck do not have Federal prosecutions. The gentleman from
Florida (Mr. Stearns) has a very good amendment to point that fact out.
We should be prosecuting these folks. We should be locking them up.
Notwithstanding that Brady may have other purposes as well that are
good, this is a very important one, and it should be done.
Mrs. JONES of Ohio. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I would like to, for the record, make it clear that I
have addressed all of my remarks to the Chairman and will continue to
do so because I understand decorum on the floor as well.
[[Page H4442]]
Let me suggest that, under the Bush administration, we did not have
the Brady bill. So, surely, they had to do trigger lock.
Under the Clinton administration, we have had in fact had the Brady
bill, and trigger lock is still operating throughout many of the
jurisdictions throughout this United States.
It is important again, I say, that if in fact we are making findings,
let us make findings that, without guns, people cannot kill. Without
the NRA pushing so many of my colleagues on the floor to vote against
gun controls, we would not have guns in our streets.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. The gentlewoman from Ohio (Mrs. Jones) has 45 seconds
remaining. The gentleman from Florida (Mr. Stearns) has 1 minute
remaining.
{time} 2130
Mr. STEARNS. Mr. Chairman, I have the opportunity to close, as I
understand.
The CHAIRMAN. The gentleman is correct.
Mr. STEARNS. Mr. Chairman, I reserve the balance of my time.
Parliamentary Inquiry
Mrs. JONES of Ohio. I am raising the question of his right to close
with the entire time, Mr. Chairman.
We are defending the committee position, so I am raising the
parliamentary inquiry as to why he has the opportunity to close.
The CHAIRMAN. The Chair understands that the gentlewoman is not a
member of the committee. It is only a member of the committee
controlling time in opposition to the amendment who has the right to
close.
Mrs. JONES of Ohio. Mr. Chairman, I ask unanimous consent to yield
the balance of my time to a member of the committee and that that
individual be allowed to control the time.
Mr. STEARNS. Mr. Chairman, I object.
The CHAIRMAN. Objection is heard.
The gentlewoman from Ohio (Mrs. Jones) has 45 seconds remaining, and
the gentleman from Florida (Mr. Stearns) has 1 minute remaining and
reserves the right to close.
The Chair recognizes the gentlewoman from Ohio (Mrs. Jones).
Mrs. JONES of Ohio. Mr. Chairman, I yield the balance of my time to
the gentleman from Massachusetts (Mr. Delahunt), a member of the
committee.
Mr. DELAHUNT. Mr. Chairman, I thank the gentlewoman for yielding me
this time.
I find it interesting that during the course of this debate we are
talking about enforcement, and yet earlier, when I asked the chair of
the subcommittee whether he had authorized $8 million to fund the
additional or designated assistance, the answer was ``No, we will do it
someplace else.''
I just want to close by saying just imagine if we are reluctant to do
that what the cost would be to prosecute 10 percent of 400,000 cases.
This is absurd. These cases are prosecuted, as the gentlewoman has
indicated, at the State level. Crime is down. Homicides are down. Why?
Because of the Brady bill.
Mr. STEARNS. Mr. Chairman, I yield myself the balance of my time, and
would respond to my good friend from Massachusetts, who was not here
earlier, that my colleague the gentleman from Florida (Mr. McCollum)
did offer an amendment to provide $50 million additional money for
prosecution.
At any rate, let me close, Mr. Chairman, by saying if the general
public understood the truth about crime and guns, there would be
virtually no support for the gun control measures that are continually
posed here in Congress. Crime and criminals are what the public is
really concerned about. And the uncomplicated truth is that under
existing Federal laws any violent felons or drug dealers who pick up
any firearms are committing serious Federal crimes, crimes punishable
by long prison terms.
The law can work, but only, I say to my colleagues on that side, if
it is enforced. It has been, with great success, enforced in Richmond,
Virginia, under a program we talked about earlier, Project Exile.
Project Exile adopts a zero tolerance for Federal gun crimes with
Federal, State and local law enforcement.
Mr. Chairman, I urge the passage of my amendment.
The CHAIRMAN. All time for debate on this amendment has expired.
The question is on the amendment offered by the gentleman from
Florida (Mr. Stearns).
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Mr. STEARNS. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to House Resolution 209, further proceedings
on the amendment offered by the gentleman from Florida (Mr. Stearns)
will be postponed.
It is now in order to consider amendment No. 22 printed in part A of
House Report 106-186.
Amendment No. 22 Offered by Mr. Latham
Mr. LATHAM. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A amendment No. 22 offered by Mr. Latham:
Add at the end the following new title:
TITLE __--DRUG DEALER LIABILITY
SEC. __. FEDERAL CAUSE OF ACTION FOR DRUG DEALER LIABILITY.
(a) In General.--Part E of the Controlled Substances Act is
amended by adding at the end the following:
``SEC. 521. FEDERAL CAUSE OF ACTION FOR DRUG DEALER
LIABILITY.
``(a) In General.--Except as provided in subsection (b),
any person who manufactures or distributes a controlled
substance in a felony violation of this title or title III
shall be liable in a civil action to any party harmed,
directly or indirectly, by the use of that controlled
substance.
``(b) Exception.--An individual user of a controlled
substance may not bring or maintain an action under this
section unless the individual personally discloses to
narcotics enforcement authorities all of the information
known to the individual regarding all that individual's
sources of illegal controlled substances.''.
(b) Clerical Amendment.--The table of sections for the
Comprehensive Drug Abuse Prevention and Control Act of 1970
is amended by inserting after the time relating to section
520 the following new item:
``Sec. 521. Federal cause of action for drug dealer liability.''.
The CHAIRMAN. Pursuant to House Resolution 209, the gentleman from
Iowa (Mr. Latham) and a Member opposed each will control 10 minutes.
The Chair recognizes the gentleman from Iowa (Mr. Latham).
Mr. LATHAM. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, first of all, I would like to take the opportunity to
thank the Committee on Rules and the gentleman from Florida (Mr.
McCollum) for giving me the opportunity to offer my amendment to this
very important bill addressing juvenile crime in America.
Unfortunately, juvenile crime is a growing trend across this Nation.
For years, the rural States thought themselves immune from serious
juvenile crime and drug problems that were affecting America's coasts
and the big cities. However, this is no longer the case. In fact,
nowhere is juvenile crime growing faster than in America's heartland.
This, of course, is directly related to the incredible growth in drug
use.
According to the U.S. Department of Justice's latest statistics,
juvenile drug arrests across the Nation have more than doubled since
1988. My home State of Iowa is experiencing an unprecedented influx of
methamphetamines. Just last week in Storm Lake, Iowa, with a population
of just 8,769 people, 10 were arrested for trafficking and drugs. Four
of those arrested were only 18 years old. Those kids are probably just
finishing high school and pushing that poison on other students.
Clearly, our children are the most innocent and vulnerable to those
affected by illegal drug use. The very nature of drug abuse makes this
an epidemic that has severe monetary costs as well, creating
significant financial challenges for parents, law enforcement and human
service providers. For many of the juvenile addicts, who are
increasingly female, by the way, the only hope is extensive medical and
psychological treatment, along with physical therapy or even special
education. All of these potential remedies are expensive. Very, very
expensive. In fact, the most recent figures estimate the annual cost of
substance abuse in the United States to be nearly $100 billion.
Juveniles, through their parents or through court-appointed
guardians,
[[Page H4443]]
should be able to recover damages from those in the community that have
entered and participated in the sale of the types of illegal drugs that
have caused those injuries. The amendment I am offering today would
provide a civil remedy for the people harmed by drugs, whether it be
the actual user, the family of a user, or even the clinic or the
community that provides treatment to hold drug dealers accountable for
selling this poison that is tearing apart the very fabric of our
society.
There are drug pushers in all of our congressional districts who
profit from this culture of death, pain and dependency that must be
taken to task. Many of them elude the authorities by getting off on
technicalities in criminal actions or through their positions as
affluent members in the community. However, that should not make them
immune for paying for the destruction they cause.
This amendment would empower victims to take action, like the Utah
housewife who sued her husband's drug dealer ``friend'' of 6 years
under that State's drug dealer liability law. Her husband actually
shared a vacation cabin with the dealer until after years of abuse her
husband lost his job and ruined his family. Other States, such as
California, Arkansas, Illinois, Michigan, Georgia, Louisiana, Indiana,
Hawaii, South Dakota and Oklahoma, have enacted similar laws.
The first lawsuit brought under a State drug dealer liability law was
brought by Wayne County Neighborhood Legal Services in Michigan on
behalf of a drug addicted baby and its siblings. The suit resulted in a
judgment of $1 million in favor of the baby. The City of Detroit joined
in on the suit and received a judgment of more than $7 million to
provide drug treatment for inmates in the city's jails.
This legislation, while not as comprehensive as those State laws,
which incorporate a broad reaching liability, does provide a simple
tool to empower victims. In fact, this amendment is perfectly suited to
go after the white collar drug dealers whose clientele includes their
professional friends, who are less likely to be the subject of a
criminal investigation.
As we all know, parents who abuse drugs are more likely to have
children that abuse drugs as well. It is my hope the prospect of
substantial monetary loss, made possible by my amendment, would also
act as a deterrent to entering the narcotics market. Dealers pushing
their poison on our children and other family members may think again
when they consider that they could lose everything, even without a
criminal conviction. In addition, this amendment would establish an
incentive for users to identify and seek payment for their own drug
treatment from those dealers who have sold drugs to the user in the
past.
While this legislation is not meant to be a silver bullet, it is
another tool to combat and deter drug abuse and trafficking. Current
law allows for a producer of a legal product that injures a customer to
be held liable for injuries resulting from the use of that product.
However, most States do not provide compensation for persons who cause
injury by intentionally distributing illegal drugs. The Latham drug
liability amendment fills the gap to make drug dealers liable under
civil law for the injuries to the victims of the drug.
Finally, I hope I will be able to work with the chairman, the
gentleman from Florida (Mr. McCollum), and ranking member, the
gentleman from Michigan (Mr. Conyers), on a more comprehensive
liability measure in the future.
Mr. Chairman, I urge my colleagues to support the Latham amendment
and give the victims of illegal drugs an opportunity to hold the drug
dealers of this poison accountable under criminal and civil law.
Mr. Chairman, I reserve the balance of my time.
Ms. WATERS. Mr. Chairman, I rise in support of the amendment.
The CHAIRMAN. If there is no objection, the gentlewoman from
California (Ms. Waters) may control the time otherwise reserved for the
opposition.
Is there objection?
Ms. JACKSON-LEE of Texas. In its present form, Mr. Chairman, I will
stand in opposition to the amendment and I exercise the reservation at
this time.
The CHAIRMAN. The gentlewoman from Texas (Ms. Jackson-Lee) objects.
Does the gentlewoman from Texas seek to control the time in opposition?
Ms. JACKSON-LEE of Texas. Yes, I do, Mr. Chairman.
The CHAIRMAN. The gentlewoman from Texas (Ms. Jackson-Lee) is
recognized for 10 minutes.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield 5 minutes to the
gentlewoman from California (Ms. Waters).
Ms. WATERS. Mr. Chairman, I rise in support of this amendment. I
think this is an excellent amendment that is being offered by the
gentleman on the opposite side of the aisle, the gentleman from Iowa
(Mr. Latham). And let me tell my colleagues why.
This amendment, as I understand it, is an amendment that would make
drug dealers liable for the poison that they put out on the streets and
the harm that is perpetrated on those who end up being the victims of
these drug sales. And it does not matter who is doing it, but if they
are found to be guilty and liable for selling these drugs, then that
creates a cause of action.
The reason that I am supporting this is because I have been working
for some years trying to help unfold what happens in the intelligence
community as it relates to trafficking and drugs and covert operations.
What we have discovered is that the CIA, as one of the intelligence
agencies, knew very well about the trafficking in drugs, particularly
as it related to getting profits from the drugs that went to support
the Contras in the war between the Contras and the Sandinistas.
For many months now we have had people who have been working on this,
and they have said to us that all of the damage that was caused by
these drugs, the crack cocaine that was let loose in these communities
in an effort to fund the Contras, is directly the fault of the CIA and
those intelligence agencies that were involved in these covert
operations.
{time} 2045
So this gentleman is absolutely correct. They should be made liable
for what they have done. They have admitted now that there were drug
traffickers in their midst. They have said they were not responsible
directly, but they have said they had a memorandum of understanding,
which some of us question. Well, there is no longer a memorandum of
understanding, and this amendment would take care of that.
I am thankful to the gentleman for offering this amendment. Because
it does not matter who it is, whether it is a drug dealer on the
streets, in the cornfields of Iowa, or a drug dealer up in New York or
the Midwest, wherever it is, or the intelligence community, if they are
dealing in drugs for any reason, they should be liable for the
devastation and the harm that is caused to the individuals who end up
being the victims of those drug sales.
So I would ask my colleagues on both sides of the aisle to embrace
this amendment, to support this amendment, to vote ``aye'' on this
amendment. It is very important that we finally have an opportunity to
seek justice for those victims that were created as a result of
trafficking drugs by our own intelligence community.
We have some young people who are actively working on a lawsuit
coming out of the San Francisco area on this very issue. This will
support that. This will help them to be able to get all of the victims
to come forth, some of them who will be able to comply with the
conditions of this amendment.
As I understand it, the conditions of this amendment would have those
victims identify those persons who were responsible for selling the
drugs. We have people who are claiming to be able to identify people in
the intelligence community who were involved.
Also, we have people who are able to identify the assets of the
intelligence community, many of them still in this country, some of
them have fled to Nicaragua and down in Guatemala and other places, who
should really be extradited and brought back here for the harm that
they caused.
I would ask support for this amendment. I think it is a good
amendment. I think it is a sound amendment.
Mr. Chairman, finally, I would say to the gentleman from Iowa (Mr.
Latham) that he is doing the work that is needed to be done to get at
the drug dealers
[[Page H4444]]
who would dare dump this poison on our children and in our midst.
Mr. LATHAM. Mr. Chairman, I yield 2 minutes to the gentleman from
Florida (Mr. Foley).
Mr. FOLEY. Mr. Chairman, let me thank the gentleman from Iowa (Mr.
Latham) for this excellent amendment and remind our colleagues that
Carroll O'Connor, a noted actor and TV star, lost his son to cocaine.
He has led a fight to bring that gentleman who sold him the drugs to
justice because he believed that man infected his son with a drug
addiction that caused his untimely demise.
I strongly support this amendment, and I urge my colleagues to do the
same. This amendment should serve as a retribution for every individual
whose life has been destroyed by drug use and for every family who has
had to suffer the pain and turmoil of a loved one being addicted to
drugs.
The drug dealers must learn that their evil trade is more than a
business. They must be held accountable not only by the justice system
but by society for the tragic consequences of their business. They must
be forced to see the faces of the mother, the father, the brother, the
sister of the teenager who overdosed on cocaine that they sold.
A successful drug dealer can make thousands of dollars a week
practicing their illegal trade. In fact, they encourage young people to
do this same type of business because they can buy all the fancy cars
and fancy toys. And do not be misled to thinking it is only in the
inner city where we have drug problems. It is in Palm Beach, in Beverly
Hills. It is in the richest enclaves around America.
Drugs have permeated our society. They are destroying our families
and our youth. Every drug dealer who is arrested and jailed for
possession and the sale of drugs should also be held accountable for
the physical damage, the medical bills, the cost of drug treatments,
for the funerals that they are responsible for.
So I ask my colleagues to please pass this amendment. Send a message
to drug dealers that their profitable trade should stop and, more
importantly, if they inflict their dangerous drugs on other people,
they will pay a high price not only in prison but the hopeful
forfeiture of their assets so that those assets can be conveyed to the
families who have lost loved ones.
Again, the amendment of the gentleman from Iowa (Mr. Latham) will
hold persons who manufacture and distribute illegal, controlled
substances liable for civil action for those harmed by the use of the
controlled substance.
The CHAIRMAN. The gentleman from Iowa (Mr. Latham) has 1\1/2\ minutes
remaining. The gentlewoman from Texas (Ms. Jackson-Lee) has 5\1/2\
minutes remaining.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I indicated my reservation of
objection in its present form. I would like to ask the author of the
amendment an inquiry if I could to be clear on the position that this
amendment now takes.
Does the liability provision enhance existing tort opportunities, if
you will, the fact that we can go into court on tort issues? Does this
narrowly define them? Are these as relevant to a drug-related incident?
Mr. LATHAM. Mr. Chairman, if the gentlewoman would yield, what it
does is empower the family or the community somehow to go after the
dealer, the manufacturer of illegal drugs to recover damages for
rehabilitation for any kind of help that they need in the future.
Ms. JACKSON-LEE of Texas. Mr. Chairman, does it extinguish in any way
any tort liability or rights that they may have under existing tort
law?
Mr. LATHAM. Mr. Chairman, if the gentlewoman would continue to yield,
no, it would not be my understanding. No.
Ms. JACKSON-LEE of Texas. Mr. Chairman, reclaiming my time, then let
me say to the gentleman, I thank him for his explanation and want to
say to him that we want to offer our support for this amendment,
frankly because it goes to the very problem of so many in our community
who have seen their houses burned because, for example, they have a
crack house next to their home and, in order to destroy the evidence,
what happens is that the dealers destroy the property.
Some instances we will find that people have lost their life because
of those tragedies that have occurred, drive-by shootings because of
drug deals, and innocent victims who are sitting in their home enjoying
their dinner or looking at television have lost their life and have
left these families in our inner city neighborhood and elsewhere
without any remedy.
If this legislation and amendment would answer these questions and
particularly give them an enhanced opportunity to sue, then I believe
that, alongside of the opportunities they may have under tort law, then
this is an amendment that we can certainly support and encourage the
passage of.
Mr. Chairman, I reserve the balance of my time.
Mr. LATHAM. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from Alabama (Mr. Riley).
Mr. RILEY. Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, I rise in strong support of the drug dealer liability
amendment offered by the gentleman from Iowa (Mr. Latham).
In my view, this is a law that should have been on the books a long
time ago. The reason is simple. In many cases, there is just not enough
evidence to convict a dealer or a manufacturer of illegal drugs in
criminal court.
Worse yet, many individuals simply get off on a technicality and, as
a result, too many peddlers of this poison slip through the cracks and
are never punished for the harm they inflict on our children and our
families and our society.
When we know that these people are dealing drugs but we cannot
convict them in criminal court, does it not make sense to provide any
other judicial remedy possible?
Mr. Chairman, that is the point of the Latham amendment. If we cannot
convict them in criminal court, then we will get them in civil court
and we will hit them where it hurts them the most, we will hit them in
their pocketbook.
This type of legislation has worked well at the State level, and
there is absolutely no reason that it will not work at the Federal
level.
I urge my colleagues to pass this amendment. Very few votes that we
will make today will have as much impact on reducing drugs in our
society and in this country this year.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I would like to inquire, do
we have the right to close in defending the committee's position?
The CHAIRMAN. The gentlewoman from Texas (Ms. Jackson-Lee) does, and
all time of the gentleman from Iowa (Mr. Latham) has expired.
Mr. LATHAM. Mr. Chairman, will the gentlewoman yield?
Ms. JACKSON-LEE of Texas. Mr. Chairman, I will as soon as I determine
how much time I have remaining.
The CHAIRMAN. The gentlewoman from Texas (Ms. Jackson-Lee) has 3
minutes remaining.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I am happy to yield such time
as he may consume to the gentleman from Iowa (Mr. Latham).
Mr. LATHAM. Mr. Chairman, I want to thank the gentlewoman very much
for her support, all the people that have worked so hard on this bill,
and the DEA, which has helped craft this bill to take out some fine
points that really I think will be of great assistance to us in the
future to tackle this most serious problem.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield myself such time as I
may consume, and I thank the gentleman very much for his comments.
Mr. Chairman, I would simply say to the Chair, it is these bipartisan
efforts that I think shows the House in its best light.
I would simply hope that, as we move throughout this legislative
initiative trying to deal with juvenile crime, that we not only find an
opportunity to have bipartisan agreement on important legislative
initiatives, such as providing protection to those who have been
civilly damaged by the tragedies of drug use and drug abuse, but that
we can also be straightforward in our response to the protection, if
you will, of necessary gun laws.
I indicated earlier that I had received a letter from my EMS director
who indicated just the passage of gun protection laws provides a
chilling effect for those who may want to use guns recklessly or
promote more guns on the streets of this Nation.
[[Page H4445]]
And so, this legislation dealing with civil liability, Carroll
O'Connor was cited, but I can cite many, many people in our respective
communities who have suffered time and time again.
I would hope that we would have the opportunity to work in a
bipartisan way on other legislative initiatives.
I hope as well, Mr. Chairman, and I heard my colleague the
gentlewoman from California (Ms. Waters) speak eloquently on this, that
we would expand the reach of dealing with the liability question to
drug kingpins and gun kingpins.
This gun running has been a problem and it has made a terrible blight
on all that we are trying to do to protect our children. Drug kingpins
have been prominent in our respective communities, controlling drug
cartels. We need to reach out and do something about them, as well.
Lastly, Mr. Chairman, I do want to conclude and not take away from
the gentleman from Iowa (Mr. Latham) because I thank him for his
kindness in working in a bipartisan manner, but I do believe that gun
trafficking is something that we need to attack.
We also need to promote and increase the numbers of ATF officers.
Eighteen hundred compared to some 50,000 FBI officers. Eighteen hundred
ATF officers. And the money that has been allotted so far is not enough
to assist in making cases with our local jurisdiction.
The CHAIRMAN. All time for debate on this amendment has expired.
The question is on the amendment offered by the gentleman from Iowa
(Mr. Latham).
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Mr. LATHAM. Mr. Chairman, I demand a recorded vote.
A recorded vote was ordered.
The CHAIRMAN. Pursuant to House Resolution 209, further proceedings
on the amendment offered by the gentleman from Iowa (Mr. Latham) will
be postponed.
It is now in order to consider Amendment No. 23 printed in Part A of
House Report 106-186.
Amendment No. 23 Offered by Mr. Rogan
Mr. ROGAN. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A Amendment No. 23 offered by Mr. Rogan:
At the end of the bill, add the following (and make such
technical and conforming changes as may be appropriate):
SEC. 3. SAFE SCHOOLS.
(a) Amendments.--Part F of title XIV of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8921 et seq.) is
amended as follows:
(1) Short title.--Section 14601(a) is amended by striking
``Gun-Free Schools Act of 1994'' and inserting ``Safe Schools
Act of 1999''.
(2) Requirements.--Section 14601(b)(1) is amended by
inserting after ``determined'' the following: ``to be in
possession of felonious quantities of an illegal drug, on
school property under the jurisdiction of, or in a vehicle
operated by an employee or agent of, a local educational
agency in that State, or''.
(3) Definitions.--Section 14601(b)(4) is amended to read as
follows: ``For purposes of this part--
``(A) the term ``1 weapon'' means a firearm as such term is
defined in section 921 of title 18, United States Code;
``(B) the term `illegal drug' means a controlled substance,
as defined in section 102(6) of the Controlled Substances Act
(21 U.S.C. 802(6)), the possession of which is unlawful under
the Act (21 U.S.C. 801 et seq.) or under the Controlled
Substances Import and Export Act (21 U.S.C. 951 et seq.), but
does not mean a controlled substance used pursuant to a valid
prescription or as authorized by law; and
``(C) the term `illegal drug paraphernalia' means drug
paraphernalia, as defined in section 422(d) of the Controlled
Substances Act (21 U.S.C. 863(d)), except that the first
sentence of that section shall be applied by inserting `or
under the Controlled Substances Import and Export Act (21
U.S.C. 951 et seq.)', before the period; and
``(D) the term `felonious quantities of an illegal drug'
means any quantity of an illegal drug--
``(i) possession of which quantity would, under Federal,
State, or local law, either constitute a felony or indicate
an intent to distribute; or
``(ii) that is possessed with an intent to distribute.''.
(4) Report to state.--Section 14601(d)(2)(C) is amended by
inserting ``illegal drugs or'' before ``weapons''.
(5) Repealer.--Section 14601 is amended by striking
subsection (f).
(6) Policy regarding criminal justice system referral.--
Section 14602(a) is amended by--
(1) striking ``served by'' and inserting ``under the
jurisdiction of''; and
(2) by inserting after ``who'' the following: ``is in
possession of an illegal drug, or illegal drug paraphernalia,
on school property under the jurisdiction of, or in a vehicle
operated by an employee or agent of, such agency, or who''.
(7) Data and policy dissemination under idea.--Section
14603 is amended--
(1) in paragraph (1), by inserting ``current'' before
``policy'';
(2) in paragraph (2)--
(A) by inserting before ``engaging'' the following
``possessing illegal drugs, or illegal drug paraphernalia, on
school property, or in vehicles operated by employees or
agents of, schools or local educational agencies, or''; and
(B) by striking ``; and'' and inserting a period; and
(3) by striking paragraph (3).
(b) Compliance Date; Reporting.--(1) States shall have 2
years from the date of enactment of this Act to comply with
the requirements established in the amendments made by
subsection (a).
(2) Not later than 3 years after the date of enactment of
this Act, the Secretary of Education shall submit to Congress
a report on any State that is not in compliance with the
requirements of this part.
(3) Not later than 2 years after the date of enactment of
this Act, the Secretary of Education shall submit to Congress
a report analyzing the strengths and weaknesses of approaches
regarding the disciplining of children with disabilities.
The CHAIRMAN. Pursuant to House Resolution 209, the gentleman from
California (Mr. Rogan) and a Member opposed each will control 10
minutes.
The Chair recognizes the gentleman from California (Mr. Rogan).
(Mr. ROGAN asked and was given permission to revise and extend his
remarks.)
Mr. ROGAN. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, as parents and as legislators, nothing is more
important than supporting safe productive schools.
Today our children face unprecedented threats from drugs and violence
in our Nation's schools. It is time to enact bipartisan legislation to
correct this horrible situation.
The President, in his State of the Union Address, called for zero
tolerance for guns and drugs in schools. The President is right. It is
time for the House to signal its commitment to eliminating drugs from
the public schools.
I am pleased to offer this amendment, Mr. Chairman, to help us
achieve our goal of drug-free schools. This amendment gives State and
local school officials the weapons they need to strike a major blow in
the war on drugs. The amendment requires that any school accepting
Federal education funds must adopt a zero-tolerance policy regarding
felonious possession of drugs. It applies the same standards to drugs
as are currently applied to guns. Those who come to school to use or
sell illegal drugs simply should not be allowed to attend.
This amendment also addresses the next concern, which is, what next?
Current law provides for the education of those expelled in an
alternative facility and provide for a case-by-case appeal with a local
school official. This amendment would continue that same policy with
respect to drugs as we currently have on the books with respect to
guns.
Zero tolerance for illegal drugs can work. In a national survey by
the Center for Addiction and Substance Abuse at Columbia University,
they reported that more than 80 percent of those on the front lines in
the war against drugs, teachers, principals and, yes, even students,
believe that zero-tolerance policies are effective and will reduce
drugs in their schools.
{time} 2200
What is more, about the same percentage support adopting similar
standards in their school. Nothing underscores this crisis and our need
for definitive action more than the news reported by the students in
Columbine that I just mentioned. According to their survey, more than
three-fourths of the students said drugs were kept, used and sold in
their schools. We owe students, parents and teachers decisive action to
wipe out drugs in the schools. Our amendment will do for them just
that. Zero tolerance for illegal drugs in the schools, Mr. Chairman,
will mean just that, zero tolerance.
Mr. Chairman, today we have an opportunity to act in a bipartisan way
to
[[Page H4446]]
help build a safer America. I urge my colleagues to support this
important amendment.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. Does the gentleman from Virginia (Mr. Scott) seek
recognition to control the time in opposition?
Mr. SCOTT. I do, Mr. Chairman.
The CHAIRMAN. The gentleman from Virginia is recognized for 10
minutes.
Mr. SCOTT. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this is another example of a need for deliberation. If
we had had deliberation and had a hearing on this, we would have found
that all of the available research shows that a suspension is the last
thing that we would want to do.
The gentleman from California mentioned the requirement that services
be continued for someone that is expelled from school. That is only
true for those who are designated as special education students under
Individuals with Disabilities Education Act, and of course an amendment
to remove that provision is coming up later. In fact, the Elementary
and Secondary Education Act that was passed, is present law, provides
that in cases of expelling a student nothing in the title shall be
construed to prevent a State from allowing the local education agency
that has expelled a student from such student's regular classroom from
providing educational services in an alternative setting. They are not
prohibited from doing it, but there is nothing that requires them to do
it.
Now, if we had had a hearing, we would have known that threatening a
kid with a 1-year suspension or 1-year vacation, a kid that did not
want to go to school anyway would not be much of a threat. We would
have known that without an alternative education that that person would
be much more likely to get in trouble. As a matter of fact, he has got
nothing constructive to do, so he is much more likely to be committing
crimes because he is on the street, nothing to do, crime and drug use.
Mr. Chairman, this amendment offers no counseling on why the child
was using drugs, no mental health assistance, just a year on the
street. Now we know that there is a strong correlation between crime
and graduation and graduation rates. People who do not graduate from
our school are much more likely to be committing crimes. With a 1-year
suspension we make it much less likely that they will ever get out of
school.
So, Mr. Chairman, we have a situation where if this amendment passes
and allows children to be kicked out of school without any services, we
will actually be increasing the crime rate. If we are serious about
crime, Mr. Chairman, we will defeat this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. ROGAN. Mr. Chairman, I yield myself such time as I may consume
just in brief response to my friend from Virginia.
I am somewhat nonplused by the suggestion that this bill is a bad
idea because it will remove drug sellers from the public schools, and
instead it would put them on the street. With all due respect, although
I do not agree with the gentleman's suggestion that that is the only
alternative, either in the schools or in the streets; if that, in fact,
were the case, I would respectfully suggest that most parents with kids
in school would rather have those people selling drugs or with guns
removed from the school than in school to terrorize the children.
Mr. Chairman, I yield such time as he may consume to the gentleman
from Florida (Mr. McCollum).
Mr. McCOLLUM. Mr. Chairman, I strongly support the gentleman's
amendment. I think that if one is selling felonious quantities of drugs
in a school or possessing felonious quantities of drugs in a school,
they have no business being there because they are providing harm to
the other students.
Now I am very sympathetic to the concern that that person who is
doing the selling in some way be diverted into some other program. I
think there are agencies of the government that can and should handle
that, but the reality is that if a kid is in school with this kind of
quantity of drugs, that is a jeopardizing factor for every child of
every parent who has a child in that school, and I think this is a very
fine amendment, and we need to have this amendment adopted. It makes
every bit of sense in the world if we are going to have that with
respect to the gun issue.
Mrs. MEEK of Florida. Mr. Chairman, will the gentleman yield?
Mr. McCOLLUM. I yield to the gentlewoman from Florida.
Mrs. MEEK of Florida. All right. What is meant by felonious
quantities? Is it the same thing in every State? Is a felonious
quantity in Florida the same as a felonious quantity in California?
Mr. McCOLLUM. Reclaiming my time, it is Mr. Rogan's amendment, but my
interpretation is that would be a felonious quantity depending upon the
State or Federal law since he has made it in the alternative. But I
would yield back to him to let him discuss it with the gentlewoman.
Mr. ROGAN. Mr. Chairman, I yield myself such time as I may consume,
and I would invite the gentlewoman's attention to page 2, lines 21
through 25 of the amendment and going into page 3. It says the term
felonious quantity means any quantity of an illegal drug possession of
which quantity would under Federal, State or local law quantify for
that.
Mr. Chairman, I reserve the balance of my time.
Mr. SCOTT. Mr. Chairman, I yield 3 minutes to the gentleman from
Pennsylvania (Mr. Goodling), the chairman of the Committee on Education
and the Workforce.
(Mr. GOODLING asked and was given permission to revise and extend his
remarks.)
Mr. GOODLING. Mr. Chairman, in 1994, when we reauthorized the
Elementary Secondary Education Act, I was a member of the minority. A
gentleman from suburbia in the majority at that time proposed an
amendment that said any student bringing a weapon to school would be
suspended for a year.
First I asked him what he is doing in relationship to defining a
weapon. He then said: Make it a gun. I then reminded him that he also
offered an amendment that said one can only suspend a special ed
student for 10 days, and because he was micromanaging State and local
responsibility for elementary secondary education, he was also
micromanaging it when he did the 10 days, and now he puts the school
district in a real situation. The lad comes with a gun who is a special
needs child along with his neighbor who is not a special needs child
who also has a gun, and one goes out for 10 days, and one goes out for
a year.
Of course what does that do? That brings a lawsuit immediately to the
school. They are discriminating against someone's child, they are
sending someone's child out for a year.
The point I am trying to make is that consistently I have said that
it is the responsibility, public education is the responsibility, of
local and State government, which is exactly what my philosophy and my
party's philosophy has always been, and so I think we really have to be
consistent.
We are micromanaging State and local government responsibility. It is
their responsibility to determine what the rules and the regulations
should be, and as I indicated, we have gotten ourselves into real
trouble by this micromanaging, a 10-day suspension versus a year's
expulsion.
Now I want to make it clear that the statute does not say that they
must provide an alternative education under the 1994 statute. They may
if they wish. There is nothing in the statute that says they must
provide an alternative education. Some States require an alternative
education on a suspension or an expulsion. Nothing in the elementary
secondary education statute does that.
So I think we must be awfully careful. No matter how good the idea is
and how appealing the idea appears, we have to be consistent.
Elementary secondary education is the responsibility primarily of the
State and local government.
Now colleagues can argue and say, but wait, they are taking Federal
dollars, and they do not have to take Federal dollars. Oh, one can
argue that for IDEA, for Individuals with Disabilities Education Act.
But let me tell my colleagues, if we do not provide that education, I
will guarantee they will have
[[Page H4447]]
a lawsuit, whether it is mandated or whether it is not mandated. So we
cannot use that argument to cover us.
Mr. SCOTT. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from
New York (Mr. Nadler).
Mr. NADLER. Mr. Chairman, let me start by commending the gentleman
from Pennsylvania (Mr. Goodling) for his consistency. It is not always
that we see such consistency in this House, and I must say that I agree
with him.
Now it strikes me that it is very difficult politically to vote
against any bill or amendment that says in the name of the war on drugs
let us have zero tolerance, let us expel someone from school, let us
keep our children safe. But the fact of the matter is that one can
easily imagine situations where that might not be the most intelligent
thing to do.
If someone has a 13 or 14-year-old kid who has some marijuana in
school, he should be punished. But a year's expulsion? Maybe, depending
on the circumstances. Has it happened before? Has he had other
delinquencies? Is this the first offense? What is the story?
This amendment makes no distinctions. This amendment says never mind
the wisdom or the familiarity of the local school board or local school
authorities with the situation. Throw this kid out on the street for a
year, let him spend this time in the company of drug dealers and
crooks, but in any event not in school because Congress says so.
We always hear, especially from that side of the aisle, about local
control. This is quintessentially the time, the situation for local
control, and what this amendment says is if a local school board of the
City of New York or the City of San Francisco wants Federal money, it
had better expel that kid for a year. Maybe it should, maybe it should
not, we should not. We should not tell them.
Mr. ROGAN. Mr. Chairman, I yield myself such time as I may consume
just in response to my colleague and friend from New York. I would
simply suggest that this amendment is limited to an individual that
possesses a felonious quantity of drugs in school or possesses a
quantity sufficient for distribution or sale. This amendment also
allows local schools and school districts to maintain a case-by-case
review. If there was some bizarre or unusual circumstance that
warranted appropriate review, it would allow for a case-by-case review,
and that would be done with a local school district official, and it
would not be done from Washington.
The question is simply this, as I see it, Mr. Chairman: Do we in
Congress have a right when appropriating Federal funds to schools to
expect that those particular school districts are going to maintain a
safe environment for the children that are attending those schools, and
I would simply submit that having children in school who are known to
be in possession of felonious quantities of drugs, just as children who
are known to be in possession of firearms, present a clear and present
danger to the health and safety of every child in that school and every
teacher in that school, and that is not an appropriate environment for
either parents, teachers or schoolchildren.
Mr. NADLER. Mr. Chairman, will the gentleman yield?
Mr. ROGAN. I yield to the gentleman from New York.
Mr. NADLER. Is the gentleman aware that under this amendment we may
have, depending on any local ordinance, and we do not know what every
local ordinance is in the country, a felonious amount that may be a
very tiny amount and that may not have been enacted by that local
community with the idea that possession of that small amount would
result in the automatic expulsion of a student for a year?
Mr. ROGAN. Again, Mr. Chairman, reclaiming my time, I thank the
gentleman for the inquiry. I think that addresses the question that the
gentleman raised a few moments ago, that it is up to the local
communities and to the State legislatures to define what is or is not a
felonious amount.
Mr. Chairman, I reserve the balance of my time.
Mr. SCOTT. Mr. Chairman, I yield 1\1/2\ minutes to the gentlewoman
from North Carolina (Mrs. Clayton).
Mrs. CLAYTON. Mr. Chairman, I thank the gentleman for yielding this
time to me, and I think after the Littleton, Colorado, we all are
asking ourselves questions, what should we do and how should we act to
make sure we reduce the act of crimes by our young people, and I think
the gentleman certainly has a well intending goal of having zero
tolerance for violence and drug dealing in the school. But to
micromanage to achieve that is not only inconsistent with his party's
view, but I would like to understand is the gentleman suggesting that
the California school districts are not able to determine what they
should do to have a zero tolerance for drugs? I mean could the
gentleman answer that for me?
Mr. ROGAN. Mr. Chairman, will the gentlewoman yield?
Mrs. CLAYTON. I yield to the gentleman from California.
Mr. ROGAN. I am more than happy to yield to California or any other
State to decide on a statewide level what should be the appropriate
toleration level for possession of drugs or guns in their school.
{time} 2215
Mrs. CLAYTON. Mr. Chairman, I am thinking about what should be done
to have zero tolerance is not necessarily just expulsion of kids from
school. It could be a variety of things.
Mr. ROGAN. Mr. Chairman, if the gentlewoman will yield to me so that
I can finish answering her question.
Mrs. CLAYTON. Mr. Chairman, if the gentleman could do it quickly, I
would appreciate it.
Mr. ROGAN. I am not sure that comes with the nature of a politician,
Mr. Chairman.
Mrs. CLAYTON. Mr. Chairman, if the gentleman cannot answer quickly, I
will answer it for him.
Indeed, it is inconsistent with your party's position, and I would
think that California, like North Carolina, could say what they would
want to do with a variety of issues, perhaps expulsion would be one.
But to mandate that I think is inconsistent, and I urge my colleagues
to vote against this well-intended, but ill-conceived amendment.
Parliamentary Inquiry
Mr. SCOTT. Mr. Chairman, I have a parliamentary inquiry.
The CHAIRMAN. The gentleman will state it.
Mr. SCOTT. Mr. Chairman, do we on this side have the right to close?
The CHAIRMAN. The gentleman is correct; the gentleman from Virginia
has the right to close.
Mr. ROGAN. Mr. Chairman, may I inquire of my colleague, does he have
any further speakers, or is he prepared to yield back?
Mr. SCOTT. Mr. Chairman, I have two speakers, including myself, to
close.
Mr. ROGAN. Mr. Chairman, I reserve the balance of my time.
Mr. SCOTT. Mr. Chairman, I yield 30 seconds to the gentlewoman from
Florida (Mrs. Meek).
Mrs. MEEK of Florida. Mr. Chairman, I thank the gentleman for
yielding me this time.
The gentleman's amendment should be killed, because he is submitting
this amendment about felonious quantities, but it is not in line, there
is no reference. When he made this, the school system did not know
about this amendment. The people who were making these laws back home
did not know that this amendment would come up saying to them, any
felonious quantity. Because if they had known that, this amendment,
this particular thing would not qualify. It is going to force them to
change everything for this one amendment.
This amendment should not pass because of that reference.
Mr. ROGAN. Mr. Chairman, I yield myself such time as I may consume to
simply suggest to my colleague from Florida that I would be very
surprised if there was going to be a rush within the State legislatures
of America to increase the definition of what is a felonious quantity
of drugs to allow drug dealers and drug users to remain in the public
schools. I do not think that is what most school board members, I do
not think that is what most principals and teachers are looking for.
Mr. Chairman, I have no quarrel with the philosophical objections of
my friends on the other side. That is something that we deal with in
this Chamber on a regular basis. I would simply urge them to revisit
this issue and take a look and search their hearts and make a
determination, if they could
[[Page H4448]]
see their way clear to voting for an amendment that will take a
positive step forward from removing dangerous drugs from the public
schools. This is an opportunity to do it. I have submitted the
amendment for that purpose. I ask for an aye vote on the amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. SCOTT. Mr. Chairman, I yield myself the balance of the time.
Mr. Chairman, first of all, in terms of what amount we are talking
about, if it is any amount for sale or even small amounts of something
like crack, it could easily constitute a felony. Our community is not
better off with students roaming around with nothing to do; no
education and no services. These students will not disappear; they are
going to be in the community and they are not going to be up to
anything constructive. This amendment, if it does anything, will
increase the likelihood that our communities will be more dangerous and
more crime-ridden. We need to continue educational services for these
students and kicking them out on the street will not do anything to
reduce the crime rate.
If we are going to be serious about crime, we need to defeat this
amendment.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. All time for debate on this amendment has expired.
The question is on the amendment offered by the gentleman from
California (Mr. Rogan).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. ROGAN. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to House Resolution 209, further proceedings
on the amendment offered by the gentleman from California will be
postponed.
It is now in order to consider Amendment No. 24 printed in part A of
House report 106-186.
Amendment No. 24 Offered by Mr. Tancredo
Mr. TANCREDO. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A amendment No. 24 offered by Mr. Tancredo:
At the end of the bill, add the following (and make such
technical and conforming changes as may be appropriate):
SEC. 3. CONSTITUTIONALITY OF MEMORIAL SERVICES AND MEMORIALS
AT PUBLIC SCHOOLS.
(a) Findings.--The Congress of the United States finds that
the saying of a prayer, the reading of a scripture, or the
performance of religious music, as part of a memorial service
that is held on the campus of a public school in order to
honor the memory of any person slain on that campus does not
violate the First Amendment to the Constitution of the United
States, and that the design and construction of any memorial
which includes religious symbols, motifs, or sayings that is
placed on the campus of a public school in order to honor the
memory of any person slain on that campus does not violate
the First Amendment to the Constitution of the United States.
(b) Lawsuits.--In any lawsuit claiming that the type of
memorial or memorial service described in subsection (a)
violates the Constitution of the United States--
(1) each party shall pay its own attorney's fee and costs,
notwithstanding any other provision of law; and
(2) the Attorney General is authorized to provide legal
assistance to the school district or other government entity
that is defending the legality of such memorial service.
The CHAIRMAN. Pursuant to House resolution 209, the gentleman from
Colorado (Mr. Tancredo) and a Member opposed each will control 10
minutes.
The Chair recognizes the gentleman from Colorado (Mr. Tancredo).
Mr. TANCREDO. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, difficult as it is to believe, there are people and
organizations that would attempt to prevent parents and students from
seeking the comfort of their Creator when dealing with the horror of a
situation like the one that we experienced in my hometown of Littleton,
Colorado.
The amendment I have sponsored clarifies the position of the Congress
with regard to these issues. It declares that a fitting memorial on
public school campuses may contain religious speech without violating
the Constitution. It puts Congress on record with respect to the
constitutionality of a permanent memorial or memorial service that
contains religious speech. The amendment does not specify what kind of
memorial that would be appropriate. That decision is for local schools
and communities.
It states that it is fitting and proper for a school to hold a
memorial service when a student or teacher is killed on school grounds,
and that it is fitting and proper to include religious references,
songs and readings in such a service. Prayer, reading of scripture or
the performance of religious music can be included in a memorial
service that is held on the campus of a public school in order to honor
the memory of any person slain on campus.
The amendment also allows for the construction of a memorial that
includes religious symbols or references to God on school property.
Mr. Chairman, there are many examples in our government of proper and
constitutional references to religion. Chaplains of the Armed Forces
conduct memorial services, yet do not compromise the establishment of
religion by the government. Both the House and Senate conduct opening
prayers before each legislative day, and Arlington Cemetery has signs
identifying it as a Sacred Shrine and Hallowed Ground.
The amendment specifically mentions that religious songs may be sung
at such memorials without violating the Constitution. Two Federal
appeals courts that have taken up the issue both have ruled that school
choirs may sing religious music. The Fifth Circuit Court of Appeals
held that it was constitutional for a public high school choir to have
``The Lord Bless You and Keep You'' as a signature song.
In the same way, erecting a memorial that contains religious
references such as a quote from the scripture or a religious symbol
from the deceased's religious tradition would not violate the
Establishment Clause of the Constitution.
This is not the equivalent of a daily school prayer. A memorial
service is a very specific response to an unusual and regrettable
circumstance.
In either case, if a lawsuit is brought forth, parties are required
to pay their own legal fees and costs, and the Attorney General is
authorized to provide legal assistance to defenders.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. Does the gentleman from New York (Mr. Nadler) seek to
control the time in opposition to the amendment?
Mr. NADLER. Yes, I do, Mr. Chairman.
The CHAIRMAN. The gentleman from New York (Mr. Nadler) is recognized
for 10 minutes.
Mr. NADLER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, there are three things wrong with this amendment.
First, it is substantively wrong and it is obnoxious to the spirit and
the letter of the first amendment of the religious freedom provision of
the Constitution.
The Congress of the United States finds that the saying of a prayer
or the placing of a memorial which includes religious symbols and
motifs on the campus of a public school to honor the memory of someone
who was slain does not violate the first amendment.
Well, the first problem is, it may very well violate the first
amendment. The courts have held that organized prayer in a school or at
a commencement or in a service at a school does violate the first
amendment, and certainly the placing of a religious symbol which may
offend some people, some future students, maybe even some current
students or some future teachers. Imagine if there were a Muslim symbol
that may be offensive to Christians or a Jewish symbol or Christian
symbol offensive to others or some minority religion. Of course the
minority religion would not get its symbol placed there because the
local school board would not do that. That is the point. We do not
discriminate and we do not make minority religions feel tolerated. They
are equally American as anyone else, minority or majority, and that is
why the Constitution prohibits an establishment of religion, and the
courts have held that precisely what the sponsor of this amendment
wants is an establishment of religion, and Congress saying it is not so
does not make it not so. That is the first problem with this amendment.
[[Page H4449]]
The second problem with this amendment is that the Congress cannot
declare what the Constitution means and what violates the Constitution
and what it does not. We have accepted since 1803 the case of Marbury
v. Madison; everybody learns it the first week in constitutional law in
law school or college. It is that the Supreme Court interprets the
Constitution and says what the Constitution means and it is not the
province of Congress. We determine what the law is. We write the law,
but we do not find whether the law violates the Constitution.
We should endeavor in making laws to try to not make laws that
contravene the Constitution, but it is the job of the courts, not our
job, to determine what does violate the Constitution.
And thank God we have a judiciary to protect the individual rights of
Americans. That is why we have a Bill of Rights. The judiciary
interprets the Bill of Rights and protects the individual rights of
even unpopular people, and it is not the business of this Congress to
declare that something does or does not violate the Constitution and
try to tell the Supreme Court you are wrong.
The third problem is with the attorneys fees provision of this bill.
This amendment says that any lawsuit claiming that this type of a
memorial or memorial service violates the Constitution, each party
shall pay its own attorneys fees and costs, notwithstanding any other
provision of law, and the Attorney General is authorized to provide
legal assistance to the school district.
So because the author of this amendment wants this type of service,
wants this type of religious prayer or memorial, if someone thinks it
is unconstitutional, if someone thinks his or her or someone in that
community thinks his or her religious community has been violated and
he goes to court to sue the school district, the Attorney General is
authorized to support the school district, the Attorney General thinks
it is unconstitutional, he is not authorized by the terms of this
amendment to oppose the school district to represent the plaintiff or
to come in on the side of the plaintiff, and not withstanding any other
provision of law, each party should pay its own attorneys fees. So even
if the plaintiff, thinking that his, believing that his or her
religious liberty and religious rights under the Constitution were
violated, goes to court, the court agrees, it goes up on appeal, the
appeals court agrees and the Constitution is upheld, he cannot get his
attorneys fees.
This is trying to say religious minorities have no rights and
certainly not the rights to prevail in court and have the losing party
pay their attorneys fees. Only the popular side can get its attorneys
fees paid. It is a violation of fundamental American fairness and, I
submit, unconstitutional and unworthy of this Congress.
Mr. Chairman, I reserve the balance of my time.
Mr. TANCREDO. Mr. Chairman, I yield myself such time as I may
consume.
There are a number of differences that exist in this particular
amendment and what it refers to in terms of the kind of religious
liberty that it is designed to allow, or at least put the Congress on
record that supports a particular expression of religious freedom. The
gentleman indicates that there have been a number of cases already
heard that have been decided against the expression of religious points
of view in schools. That is true, but the significant difference here
is that in each one of the court cases that have come down on that side
of the issue, they have talked about the fact that there is a captive
audience in a particular location in a classroom; and if that is the
case, if this audience is held captive by the environment, by the
situation in which they are placed, that it is indeed unconstitutional
to advance some sort of religious preference.
But that is not the case with anything that we are talking about here
in terms of a memorial or a memorial service. There is no one that is
there because they have to be there. No one is forced by any sort of
law to participate. It is simply an expression of a religious
preference, a religious point of view, a degree of religiosity that
exists in a community and has every right to be expressed.
There is nothing in the Constitution, it seems to me, or in the first
amendment that suggests that that expression should be hampered. All
this amendment does is to put the Congress on record that it supports
that particular point of view.
{time} 2230
In terms of it making a claim that school boards and school districts
will automatically reject certain ``minority'' religions, whatever that
might be, I do not know where there is proof of that particular
statement. I do not know exactly even what the definition of ``minority
religions'' might be, but we leave that, of course, up to school boards
and school districts.
Mr. Chairman, there is a right, or there is nothing in this amendment
that restricts anyone from taking this thing to court. Of course, it
does, as my colleague indicates, suggest that if one loses, one has to
pay their own court costs. Again, I do not see anything really wrong
with that.
In general, this is not really the kind of issue that should spark a
debate, it seems to me, over the essence of the First Amendment,
because it is patently clear, at least to me, that we are not doing
anything in this amendment that forces anyone to accept one sort of
religious ideology. Again, the Constitution guarantees the freedom of
religion, of religion, to express one's religious ideas.
In a situation like we faced in Colorado, I must tell the Members
that without that ability to express that particular faith, I do not
know where any of us would be. And there were people and organizations
that really argued against that sort of expression.
I have a letter here that was written by a parent of one of the
individuals who was killed in Columbine, a young lady by the name of
Cassie Bernall. This was written by her father, Brad Bernall, in
support of this amendment when a similar amendment was offered in the
Senate by my colleague, Senator Allard.
He said, ``My wife, Misty, and I both believe any Columbine incident
memorial should memorialize each individual in a personal way. Everyone
knows, thanks to a good job by the media, that Cassie was a very strong
Christian. To leave this facet of her persona out would be to mis-
memorialize her and others.''
I think the statement is accurate, and I believe that this Congress
should go on record in support of it.
Mr. Chairman, I reserve the balance of my time.
Mr. NADLER. Mr. Chairman, I yield 30 seconds to the gentleman from
Virginia (Mr. Scott), the distinguished ranking minority member of the
subcommittee.
Mr. SCOTT. Mr. Chairman, if this amendment becomes law, those who
complain of violations of their free exercise rights under the
Constitution because the public authorities excluded religious
observances, they could get their attorney's fees paid, but those who
are complaining about excessive injection of religion would not have
the same kinds of rights.
Mr. Chairman, this amendment has significant constitutional
implications. It needs deliberation and should not be an afterthought
on a juvenile justice bill. I would hope it would be defeated.
Mr. TANCREDO. Mr. Chairman, I yield 1 minute to my colleague, the
gentleman from Oklahoma (Mr. Istook).
Mr. ISTOOK. Mr. Chairman, I thank the gentleman from Colorado for
yielding time to me.
Mr. Chairman, I very much appreciate the gentleman's effort. What is
more precious to someone, if we are talking about their memory, than
talking about their beliefs, the things for which they were willing to
live and the things for which they were willing to die?
Yes, we know about Cassie Bernall, who was asked, do you believe in
God; yes, and because of that she was killed. For those who do not want
the memory of the religious beliefs to be commemorated at the memorial
that they leave behind, I invite them to go across the Potomac River to
Arlington National Cemetery, where Members will find row upon row upon
row of religious symbols chosen by people who were gone to mark their
graves. Some may be crosses, most are, and some may be emblems of
another faith, such as stars of David.
[[Page H4450]]
But to say that when one is gone, the memory of one's faith must be
gone, too, is not the American way. I urge Members to support this
amendment.
Mr. NADLER. Mr. Chairman, I yield 1\1/2\ minutes to the gentlewoman
from Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the gentleman for
yielding time to me.
Mr. Chairman, my colleague who just spoke on the floor of the House
gave us a passionate plea. As a mother, I acknowledge that no one can
speak to the pain of the parents who have lost a child or the tragedy
of Columbine in Littleton, Colorado. I appreciate my good friend, the
gentleman from Colorado (Mr. Tancredo) in his attempt to bring honor to
that memory.
It is now 10:35 p.m. at night, and we are now seeking to amend the
Constitution and to change the rights of Americans throughout this land
who have come to understand that the First Amendment indicates that
Congress will make no law respecting the establishment of religion.
I am unsure of the intent of this initiative, inasmuch as communities
can come together and express themselves and their religious beliefs in
any way they so desire. It is established, however, that we cannot make
a religious standard publicly by the government.
So I would say to the gentleman from Colorado, it would be nice if we
could deliberate and begin to refine his desires as it relates to
giving honor to the deceased, but to amend the Constitution and to
extinguish rights of those who may have opposition to the expression of
a particular religion is unconstitutional.
This amendment will have a chilling effect on claims that could be
filed to challenge the constitutionality of religious displays or
activities in public schools. Let us do the right thing, maintain the
sanctity of the Constitution, respect those who are deceased, and not
amend this Constitution late into the night on a juvenile crime bill.
Mr. TANCREDO. Mr. Chairman, I yield 1\1/2\ minutes to my colleague,
the gentleman from Indiana (Mr. Hostettler).
(Mr. HOSTETTLER asked and was given permission to revise and extend
his remarks.)
Mr. HOSTETTLER. Mr. Chairman, I rise to simply make a clarification
of some statements that were made earlier. That is that the Congress of
the United States does not have the authority to speak on the
constitutionality of issues, but rather that must be left in the hands
of the Supreme Court.
I would simply remind my colleagues of the oath of office that each
Member takes. That is, that I, name of Member, do solemnly swear or
affirm that I will support and defend the Constitution of the United
States against all enemies, foreign and domestic; that I will bear true
faith and allegiance to the same; that I take this obligation freely,
without any mental reservation or purpose of evasion, and that I will
well and faithfully discharge the duties of the office on which I am
about to enter, so help me God.
At no time here does this say that Members of Congress will in fact
support and defend the Constitution according to what the United States
Supreme Court or any other Federal court says.
Secondly, the issue has been brought up with regard to the 1803
decision of Marbury vs. Madison, but as Lewis Fisher, senior specialist
in separation of powers at the Congressional Research Service reminds
us, Chief Justice Marshall's decision in Marbury represents what many
regard as the definitive basis for judicial review over congressional
and presidential actions, but Marshall's opinion stands for a much more
modest claim.
In fact, the specialist goes on to say that ``Marshall and the
Supreme Court did not require Jefferson to actually seat the magistrate
in question, not because of any constitutional problems, but because
they simply realized that Jefferson and Madison would simply disregard
their writ.''
As Chief Justice Warren Burger noted, the court could stand hard
blows but not ridicule, and the ale houses would rock with hilarious
laughter had Marshall issued a mandamus that the Jefferson
administration ignored. Please support the gentleman's amendment.
Mr. NADLER. Mr. Chairman, I yield 1\1/2\ minutes to the gentlewoman
from California (Ms. Waters).
Ms. WATERS. Mr. Chairman, I thank the gentleman for yielding time to
me.
Mr. Chairman, I am as religious as anyone else, so I do not take a
back seat to anyone when we talk about religion. But I do stand up for
the Constitution. It is amazing what I have heard here today, the
assault on the Constitution, on First Amendment rights, on freedom of
religion; the basic First Amendment rights, the 10 amendments to the
Constitution that hold this democracy in good stead.
The gentleman can talk about the Constitution all he wants, but he
cannot amend it on this floor tonight, on this piece of legislation.
Even the most right-wing of Supreme Court Justices will not allow what
the gentleman is trying to do. This speaks to the heart of religious
freedom.
No, we do not want to intrude on anybody's rights by having religious
memorials and symbols on our schools. The gentleman would not like it
if someone denigrated his religion or tried to dominate school property
with their religion. The gentleman can speak all he wants to tonight on
this crime bill, and the gentleman can assault the Constitution if the
gentleman would like, but I guarantee Members, even if the majority of
this Congress votes for religious symbols on memorials any time,
anyplace, anywhere, they are going to lose in the Supreme Court,
because no matter how right-wing those Justices are, they respect the
Constitution. They know the Constitution, and they are going to hold
that Constitution up and keep it from being defied and dismantled by
the likes of Members who do not understand what a democracy is all
about.
Mr. NADLER. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from Texas (Mr. Edwards).
Mr. EDWARDS. Mr. Chairman, despite the good intentions of the
gentleman from Colorado (Mr. Tancredo) in offering this amendment, I
cannot believe at 10:30 in the evening, with more staff members than
Members on the floor of the House, the gentleman from Indiana just
rewrote the Constitution of the United States.
I would suggest that Article III, Section 1 and Section 2 are very
clear, that this body, this House, has no right to declare any action
or law constitutional or unconstitutional. If the gentleman can show me
where in this Constitution right now we have the authority to declare
something as constitutional or unconstitutional, I will support this
amendment. But I am confident it does not. We cannot rewrite 200 years
of history in 5-minute debates on the floor of the House.
Mr. Chairman, I would suggest that Mr. Madison and Mr. Jefferson
spent 10 years debating the important principles of the separation of
church and State because they realized how fundamental it was to the
law of this land.
Yet, late at night, with so few Members on this floor, we are
debating that same principle, given not 10 years, not 10 months, not 10
weeks, not even 10 hours of committee hearings, but 10 minutes per side
to debate this fundamental issue. That kind of short-shrifting of the
Constitution and the Bill of Rights and the first 16 words of the
Bill's amendments leaves numerous unanswered questions, not the least
of which are who decides how many memorials can be on a public school
campus, government employees? Who decides what those symbols can be,
which religions are okay? Are wiccan symbols okay? How about satanic
symbols?
This does not do respect to our Constitution and Bill of Rights, no
matter how well-intended the author is.
Mr. TANCREDO. Mr. Chairman, I yield 30 seconds to the gentleman from
Indiana (Mr. Hostettler).
Mr. HOSTETTLER. With all due respect to the gentleman from Texas (Mr.
Edwards) regarding Mr. Madison and Mr. Jefferson, Mr. Jefferson was
actually no party to the United States Constitution nor the
ratification of the Bill of Rights, because he was in service in France
at the time.
But with regard to what the gentleman said about Article III of the
Constitution, actually it says nothing with regard to the
constitutionality itself. In fact, Chief Justice John Jay, the original
Supreme Court Justice, relinquished his Chief Justiceship because he
did not believe the Supreme
[[Page H4451]]
Court would actually carry the weight of the debate with regard to
separation of powers and the importance of the issue of the Supreme
Court and the judicial system.
Mr. TANCREDO. Mr. Chairman, I yield myself such time as I may
consume.
The gentlewoman from California (Ms. Waters) said something with
which I can agree. She referenced the first amendment, and she said
that it guarantees freedom of religion, freedom of religion.
What does that mean? How much more clear could it have been put:
Freedom to express one's own religious ideas, freedom to practice one's
religion.
{time} 2245
It is a statement so clear that it is difficult for me to understand
how people can put obstacles in the way of that freedom, and yet that
is exactly what has been done. Even in Colorado, that is what has been
suggested should be done in cases where the most horrific tragedies
have occurred, that we should put obstacles in the way of people
expressing their own religious preference and seek God's help.
This amendment hopes to change that experience.
Mr. NADLER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, the memory of the victims' religious beliefs can
certainly be commemorated and eulogized without offending the
Constitution.
The prayer can be said at a memorial on school property after school
hours if attendance is voluntary but not if attendance is compulsory.
The legal fees clause of this amendment is clearly aimed at biasing
the legal systems against people with a different view of the First
Amendment than that held by the sponsor of this amendment. For these
reasons, especially the last one, this amendment offends the
Constitution, offends the Bill of Rights, offends religious liberty and
ought to be defeated.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Colorado (Mr. Tancredo).
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Mr. NADLER. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to House Resolution 209, further proceedings
on the amendment offered by the gentleman from Colorado (Mr. Tancredo)
will be postponed.
It is now in order to consider amendment No. 25 printed in Part A of
House Report 106-186.
It is now in order to consider amendment No. 26 printed in part A of
House Report 106-186.
Amendment No. 26 Offered by Mr. De Mint
Mr. DeMINT. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A amendment No. 26 offered by Mr. DeMint:
Add at the end the following:
TITLE _--LIMITATION ON RECOVERY OF ATTORNEYS FEES IN CERTAIN CASES
SEC. _. LIMITATION ON RECOVERY OF ATTORNEYS FEES IN CERTAIN
CASES.
Section 722(b) of the Revised Statutes of the United States
(42 U.S.C. 1988(b)) is amended--
(1) by striking ``In'' and inserting ``Except as otherwise
provided in this subsection, in'';
(2) by striking ``, except that'' and inserting ``.
However,''; and
(3) by adding at the end the following:``Attorneys' fees
under this section may not be allowed in any action claiming
that a public school or its agent violates the constitutional
prohibition against the establishment of religion by
permitting, facilitating, or accommodating a student's
religious expression.''.
The CHAIRMAN. Pursuant to House Resolution 209, the gentleman from
South Carolina (Mr. DeMint) and a Member opposed each will control 10
minutes.
The Chair recognizes the gentleman from South Carolina (Mr. DeMint).
Mr. DeMINT. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, the purpose of my freedom of expression in schools
amendment is to ensure that a student's First Amendment right to
freedom of religious expression is protected. This amendment is
important to school safety, because what we value and believe, as
children and adults, directly impacts how we act. It is, therefore,
essential that students not be discouraged from participating in
positive, faith-based activities or exercising their freedom of
religious expression.
As many of us know, public schools are being intimidated into
suppressing religious expression by the threat of costly litigation.
This litigation often arises from a confusion between a school allowing
religious expression by a student, which is protected, and a school
sanctioning and endorsing religion, which violates the establishment
clause.
Only a few weeks ago, with graduation exercises having been completed
around the country, there were valedictorians and class presidents who
were actually physically removed from the stage, their speech censored,
not because it contained vulgarity or obscenity but because it
contained constitutionally protected, student- initiated religious
expression.
This has taken place in both California and Minnesota this year. The
Indiana Civil Liberties Union wrote a letter threatening to sue any
high school or college in the State if they allowed prayer at
graduation ceremonies. The letter said, you will pay your own and our
attorney's fees, an amount that could run as high as $250,000.
How can schools take this risk? It is much easier just to tell the
students not to pray than to risk spending this amount of money.
In cases from Michigan to Maryland to Indiana, so-called civil
liberties groups have threatened principals and school boards with
lawsuits because of legitimate student religious expression. This is
happening because such cases were made exempt by Congress from the
common legal practice of each side paying its own attorney's cost.
Schools that are accused must face the additional threat, if they lose,
that they must also pay the other side's legal fees. This provides a
perverse incentive for schools to silence the speech of students rather
than to face a punitive lawsuit.
Congress created the one side loser pays exception to the normal
practice in order to encourage the defense of civil liberties. However,
this exception is now being used as a weapon to suppress these very
liberties. The current incentive is for schools to silence student
religious expression rather than fight for student constitutional
rights. My amendment simply corrects the mistake and returns such cases
to the normal practice of each side paying its own fees. Such cases
should be decided on the merits, on a level playing field, not by
threats and bullying.
Mr. Chairman, Congress has set a clear precedent for this amendment.
In 1996, Congress passed and the President signed the Federal Courts
Improvement Act. This bill included a provision that exempted certain
cases brought against judicial officers from the attorney's fees
requirement. It amended the identical section I am amending. The bill
passed the Senate by unanimous consent, was brought to the House floor
by unanimous consent and passed on a voice vote.
Let me quote a portion of the rationale provided by the Senate
Committee on the Judiciary report on the bill. The risk to judges of
burdensome litigation creates a chilling effect that threatens judicial
independence and may impair day-to-day decisions of the judiciary in
close or controversial cases. The same risk of burdensome litigation is
threatening our public schools and more. It is threatening the First
Amendment rights of our students.
I urge my colleagues to support this reasonable and well-crafted
amendment.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. Does the gentleman from Virginia (Mr. Scott) seek to
control the time in opposition?
Mr. SCOTT. I do, Mr. Chairman.
The CHAIRMAN. The gentleman from Virginia is recognized for 10
minutes.
Mr. SCOTT. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman from
New York (Mr. Nadler).
Mr. NADLER. Mr. Chairman, this amendment has a very clear and
pernicious purpose. Put simply, if one agrees with the sponsor of this
amendment on the role government should
[[Page H4452]]
play in religion and the government violates their rights, they get
their day in court and if one wins the government that violated their
rights can be ordered to pay their attorney's fees, but if someone
disagrees with the sponsor's views and the government violates their
rights and they win their case, that is to say a court finds that their
constitutional rights are violated, then the court may not under any
circumstances order the local authorities to pay attorney's fees.
It does not matter how extreme the violation of one's rights. It does
not matter how much it costs to protect one's rights in court. It does
not matter how much the local authorities drag their feet or drag down
the case to make it more costly or burdensome for someone. None of that
matters. A person has to pay the costs and pay a dear price if one
disagrees with the sponsor of this amendment.
There is only one effect this amendment will have, and that is to
silence dissent against the local majority. Perhaps some people like
that idea. Perhaps it is politically popular to stick it to religious
minorities, but that is not what this country is supposed to be about.
Perhaps the proponents of this amendment should go back to school and
do a little homework on the First Amendment.
Both of the religion clauses of the First Amendment were put there to
protect religious freedom. The establishment clause, as unpopular as it
is in some circles, protects all of our rights to religious liberty to
those who would commandeer the power of the State to promote mere
particular religious views. Where those views are the views of the
majority, that may be politically popular but it is not a stand in
defense of religious liberty.
Remember, we are not talking here, despite what the sponsor of the
amendment said, about frivolous lawsuits. We are talking about
victorious lawsuits, lawsuits which persuaded the courts that they were
right, that the plaintiff's constitutional rights were violated by the
local government. The judge said, they were right and now this
amendment says, but one cannot get their attorney's fees anyway; only
the people who agree with the sponsor or with the local majority can
get their attorney's fees.
This is not right. It is an attempt to bias the courts, to bias the
courts financially against people who would sue on the basis of the
establishment clause, and frankly the courts ought to be neutral. They
ought to interpret the Constitution, and if someone's rights are
violated and they win that fact in court, if the law provides for
attorney's fees, then they ought to get it. We should not bias the case
one way or the other, as this amendment would try to do, to stifle
dissent and to stifle minority religious views.
Again, this amendment is obnoxious to the First Amendment and ought
to be defeated.
Mr. DeMINT. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from Indiana (Mr. Hostettler).
(Mr. Hostettler asked and was given permission to revise and extend
his remarks.)
Mr. HOSTETTLER. Mr. Chairman, I am intrigued by the comments of the
earlier gentleman saying that he was deadly opposed to the fact that
the United States Congress should not impose its will on local
authorities but it is quite well enough for the United States Supreme
Court to do that.
Mr. Chairman, I rise in strong support of the DeMint amendment. It is
time that America stop the making of constitutional law by extortion.
Let me give an example. In 1992 the Supreme Court in Lee v. Wiseman
decided, wrongly I believe, that local graduation prayer conducted by
schools was unconstitutional.
In March of 1993, the Indiana Civil Liberties Union wrote to
educators in Indiana threatening a lawsuit should the school have any
type of prayer at graduation. Let me quote from that letter:
We know that a few school boards are trying to find a way
around the Supreme Court ruling. If you decide to hold
graduation prayer anyway, as a matter of principle, four
things will probably happen. We will sue both the school
corporation and any individuals who approved and authorized
graduation prayers. We will win. The Supreme Court has
already decided the issue. You will pay your own and our
attorney's fees, an amount that could run as high as a
quarter of a million dollars. Your insurance will not cover
it because it is a deliberate violation of law so the money
will come directly from property taxes.
That is not what our founders intended. It was wrong in 1976 to give
an incentive for coercing public officials to act in opposition to the
wishes of their constituents. It is right to put some sanity back into
this legal process. Constitutional law should be by deliberation and
not extortion.
Mr. SCOTT. Mr. Chairman, I yield 3 minutes to the gentleman from
Massachusetts (Mr. Frank).
Mr. FRANK of Massachusetts. Mr. Chairman, first I want to say that I
am sorry that the gentleman from Colorado (Mr. Tancredo) decided not to
offer the second amendment he had a right to offer. I think he must
have realized that offering that amendment, which he had put in there,
to circulate the pamphlet put out by the Department of Education on
religious rights would have undercut much of the argument we get from
the other side, because we were eagerly looking forward to supporting
his amendment. Somebody probably tipped him off and that is why he
decided to not to offer it, because that pamphlet from the U.S.
Department of Education makes clear how broad the right of children is
in the schools to engage in appropriate religious exercise within the
framework of the Constitution. So they thought better of it and they
must have read the pamphlet and realized that it strengthens the case
of the other side.
Now I did also want to bring poor Thomas Jefferson back from France,
to which he was exiled by the gentleman from Indiana (Mr. Hostettler),
while he was Secretary of State. The gentleman from Indiana (Mr.
Hostettler) said Thomas Jefferson had nothing to do with the
ratification of the Bill of Rights because he was serving in France.
If he was serving in France during that period, he was serving as
Secretary of State because he was not the ambassador to France while he
was Secretary of State and that is when they did the Bill of Rights. So
the gentleman's history is not much not better than his constitutional
law. His constitutional law seems to misunderstand the principle. Yes,
we take an oath that we are bound by the Constitution. We should not
transgress it. I wish that oath meant more to people around here
sometimes.
But when there is a decision by the Supreme Court, it is binding on
us. The gentleman from Indiana (Mr. Hostettler) appears to want to
disregard that. A Supreme Court opinion is binding.
Finally, I want to note that the author of this amendment does not
appear to have much faith in the amendment before him of the gentleman
from Colorado (Mr. Tancredo). It does exactly the same thing.
Now apparently what we have here is the Republican leadership has
found a way around the FEC, not the Constitution. They found a way to
help people with their campaigns.
The gentleman from Colorado (Mr. Tancredo) offered an amendment,
thanks to the Committee on Rules, and it included the very same
provision of this amendment, but this gentleman also wanted to offer
it.
So what is two amendments that say the same thing in a bill that is
kind of crazy anyway?
Now, of course, if we had a functioning Committee on the Judiciary
which could contemplate these issues, we would not have this kind of
scramble.
That is the final point. Should we or should we not have a situation
where public officials deliberately violate the Constitution to have to
pay in a lawsuit? Well, maybe they should be allowed not to have to do
that, but why pick and choose?
The Republican Party controls the Committee on the Judiciary. If the
gentleman thinks it is wrong that we have a situation where public
officials who have violated the Constitution have to pay the legal fees
of those whose constitutional rights they violated, and were so found
by the Supreme Court, why did not the gentleman have a hearing, why did
not the gentleman have a subcommittee markup, all these exotic things
we used to have?
This is a politically constructive process that is putting together a
Rube Goldberg of a bill.
[[Page H4453]]
Mr. HOSTETTLER. Mr. Chairman, will the gentleman yield?
Mr. FRANK of Massachusetts. I yield to the gentleman from Indiana, to
bring Thomas Jefferson back.
{time} 2300
Mr. HOSTETTLER. Mr. Chairman, will the gentleman from Massachusetts
tell me where the Secretary of State was serving as a Member of the
House of Representatives or a Member of the Senate while the amendments
to the Constitution were being offered?
Mr. FRANK of Massachusetts. Mr. Chairman, reclaiming my time, the
gentleman from Indiana said he was in France. The gentleman from
Indiana needs a lot of explaining. He said that Thomas Jefferson was in
France during the ratification of the Bill of Rights. He was not in
France during the ratification of the Bill of Rights.
Mr. HOSTETTLER. Mr. Chairman, he was in France.
Mr. FRANK of Massachusetts. Mr. Chairman, he had, in fact, been
serving as the Secretary of State. I did not say he was in the House or
the Senate. I was contradicting the statement of the gentleman from
Indiana that he had nothing to do with the ratification of the Bill of
Rights because he was in France.
As a matter of fact, Thomas Jefferson here in the United States as
Secretary of State and James Madison as a Member of Congress talked to
each other.
It was the gentleman's statement, and, again, I understand the
gentleman wanted to change the subject, he said, among his many errors,
that Thomas Jefferson was in France during the ratification of the Bill
of Rights; and he was wrong by about 4,000 miles which, by his
standard, is not so bad.
Mr. DeMINT. Mr. Chairman, I yield such time as he may consume to the
gentleman from Oklahoma (Mr. Istook).
Mr. ISTOOK. Mr. Chairman, I just want to be clear for the Record, is
it the intent of the gentleman from South Carolina (Mr. DeMint) that
his amendment, when he uses the term ``students' religious
expression,'' that the term ``students' religious expression'' includes
student prayer?
Mr. DeMINT. Yes, Mr. Chairman.
Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from
Pennsylvania (Mr. Pitts).
Mr. PITTS. Mr. Chairman, I rise tonight in support of the students
whose first amendment right to religious freedom is being suppressed
because his or her school is intimidated by the threat of a costly
lawsuit.
I support the DeMint amendment for children like first-grader Zachary
Hood who was told by his teacher that he could read his favorite story
to his class.
Zachary was extremely excited about the chance to read to his class,
and he chose Jacob and Esau, a story about two brothers who quarrel and
then make up. The story never even mentions God. However, because it is
from the Bible, the teacher would not allow Zachary to read.
What kind of society do we live in that allows the Columbine killers
to produce a class video of themselves in trench coats gunning down
athletes in a school hallway, yet young Zachary is not allowed to read
a story about two brothers, which happens to be from the Bible, to his
class?
A member of our own staff shared with me her experience a few years
ago as a 10th grade student. She was assigned to write a fictional
account of an historical figure. Horror of all horrors, she chose Jesus
Christ as her subject. While the English teacher admittedly could not
find one single grammatical error in the entire 17-page paper, she
claimed she had to fail this student for choosing Jesus as her
historical figure.
For many students, faith is an essential part of who they are. Why
are we asking them to leave this part of themselves outside the door to
the school? Why? Because schools are bullied by big organizations which
are suppressing student religious expression at taxpayer expense.
I urge my colleagues to support the DeMint amendment.
Mr. SCOTT. Mr. Chairman, I yield 30 seconds to the gentleman from New
York (Mr. Nadler).
Mr. NADLER. Mr. Chairman, I would simply like to observe that all of
the preceding discussion of the preceding speaker and much of the
discussion of the preceding speakers on the other side is irrelevant to
this amendment.
This amendment, unlike the amendment of the gentleman from Colorado
(Mr. Tancredo), does not deal with what happened in Columbine, does not
deal with memorial services. It is even more brazen. All it says is
that someone who complains in court that his constitutional rights were
violated on the establishment of religion clause dealing with school
prayer, if he wins that suit, cannot have his legal fees paid for.
So all it says on one side of the issue, one can have one's legal
fees paid for; on the other, one cannot. It is simply biasing the
courts, and, therefore, it is against the Constitution.
Mr. DeMINT. Mr. Chairman, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Goodling).
(Mr. GOODLING asked and was given permission to revise and extend his
remarks.)
Mr. GOODLING. Mr. Chairman, I rise in strong support of the
amendment, and I want to continue along what the gentleman from
Pennsylvania (Mr. Pitts) talked about.
This first grader was promised, because of the ability to read well
and because the child worked hard, that he could read as a reward
whatever story he wished to read. Now, there is no question in my mind
that the teacher committed two serious problems. First of all, she
reneged on her promise. Secondly, she missed a golden opportunity to
have them discuss what it means to take advantage of someone who is
disadvantaged. She had a golden opportunity to talk about greed and
have them discuss greed.
All of these thing could have been done. There is no question in my
mind that she could have done it, and any court would have said that
was perfectly all right, even if he included the word ``Bible'' and the
word ``God,'' which he did not.
But it is the fear, it is the fear of the school district, not only
must they pay if they lose for their own expenses, they must pay for
the other expenses. They do not have any money for books. They do not
have any money for buildings. They do not have any money for anything
because they are constantly in court. With the Supreme Court ruling of
a week or 2 ago, they will be in court all the time.
So let us level the playing field. Either both sides pay each other,
or one side pays theirs, the other pay side pays theirs, but do not
make it double indemnity for them.
Again, she missed a golden opportunity. I am sure the courts would
have said she was perfectly in her right to allow the child to read
that. But it is the fear, it is the intimidation. It appears to me that
if we want to be fair about this, we will level the playing field so
everybody has an equal opportunity.
Mr. SCOTT. Mr. Chairman, I yield 1 minute to the gentlewoman from
Ohio (Mrs. Jones).
Mrs. JONES of Ohio. Mr. Chairman, I rise in opposition to the
amendment of the gentleman from South Carolina (Mr. DeMint), my
freshman colleague this evening.
I did not want to miss this golden opportunity. See, this is a golden
opportunity for the gentleman's side of the aisle to encourage
litigation. As we talk about tort reform, as we talk about not lifting
the caps to allow people to litigate about tort issues, we want to give
people the opportunity to go into court to litigate something that the
Supreme Court has already decided. Usually, when we want to go into
court and decide an issue, it is an issue that has not already been
litigated by the Supreme Court.
This is a golden opportunity this evening for us to waste our time
instead of getting on to the issues that we ought to be getting on to
this evening, which are dealing with gun control, dealing with gun
safety.
So, Mr. Chairman, I rise in opposition to the motion, because it is a
waste of time to discuss the issue. I am a religious person just like
anyone else, but I learned about God, Jesus Christ at Bethany Baptist
Church, 10518 Hampton Avenue, through the support of my minister and my
mother; and every one else can do the same.
Mr. SCOTT. Mr. Chairman, I yield myself 2\1/2\ minutes, the balance
of the time.
[[Page H4454]]
Mr. Chairman, I think this discussion has pointed out the need for
the amendment that we skipped. The gentleman from Colorado (Mr.
Tancredo) had an amendment that would have required parents to be
notified of the availability of the Education Department's brochure,
``Religious Expression in Public Schools: A Statement of Principles.''
Had that been taken up, that information would have gone out, and
people would know what they can do and what they cannot do.
This amendment right now does not require everyone to pay his own
legal fees. It requires that those who agree with the gentleman from
South Carolina (Mr. DeMint) can get their attorney fees paid; but if
one disagrees with the issue, then one cannot.
Mr. ISTOOK. Mr. Chairman, will the gentleman yield?
Mr. SCOTT. I yield to the gentleman from Oklahoma.
Mr. ISTOOK. Mr. Chairman, I know of no provision in the current law
that would allow the school district to recover attorneys fees from a
plaintiff who sued them challenging religious expression by the
student. Is it not correct that the current law only allows the
plaintiff to recover fees, but does not permit the school district
which is defending the suit to make a recovery of legal fees?
Mr. SCOTT. Mr. Chairman, reclaiming my time, that is exactly right.
But Congress does not decree that one can get one's attorneys fees if
one sues under a premise that the gentleman from South Carolina (Mr.
DeMint) agrees with. But if one sues on something he disagrees with,
one cannot get one's attorneys fees. It does not say that.
{time} 2310
Mr. Chairman, this kind of amendment has significant constitutional
implications. We ought not be taking it up as an after-thought to a
juvenile justice bill that started out as a noncontroversial,
bipartisan, constructive, research-based bill. Yet here we are, after
11 o'clock at night, talking about complex constitutional issues,
trying to make law, and trying to make law in an unprecedented fashion,
where we get attorneys fees if we agree with the gentleman from South
Carolina but we do not get attorneys fees if we do not.
Mr. DeMINT. Mr. Chairman, will the gentleman yield?
Mr. SCOTT. I yield to the gentleman from South Carolina.
Mr. DeMINT. Mr. Chairman, just a quick clarification. Congress
created this exemption, and it is certainly within our right to change
it.
This is an exemption. All we are asking for is a level playing field
when two parties go to court. Right now, it is set up that if the
schools lose, they pay both. If they win, they pay their own. There is
no way for them to win. They are under a threat that is too big a risk.
We just want it to be the standard normal practice.
The CHAIRMAN. Time of the gentleman from Virginia has expired. All
time for debate on this amendment has expired.
The question is on the amendment offered by the gentleman from South
Carolina (Mr. DeMint).
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Recorded Vote
Mr. SCOTT. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to House Resolution 209, further proceedings
on the amendment offered by the gentleman from South Carolina (Mr.
DeMint) will be postponed.
Sequential Votes Postponed in Committee of the Whole
The CHAIRMAN. Pursuant to House Resolution 209, proceedings will now
resume on those amendments on which further proceedings were postponed
in the following order: Amendment No. 21 offered by the gentleman from
Florida (Mr. Stearns); amendment No. 22 offered by the gentleman from
Iowa (Mr. Latham); amendment No. 23 offered by the gentleman from
California (Mr. Rogan); amendment No. 24 offered by the gentleman from
Colorado (Mr. Tancredo); and amendment No. 26 offered by the gentleman
from South Carolina (Mr. DeMint).
The Chair will reduce to 5 minutes the time for any electronic vote
after the first vote in this series.
Amendment No. 21 Offered by Mr. Stearns
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentleman from Florida (Mr. Stearns) on
which further proceedings were postponed and on which the ayes
prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN. This will be a 15-minute vote followed by four 5-minute
votes.
The vote was taken by electronic device, and there were--ayes 293,
noes 134, not voting 7, as follows:
[Roll No. 216]
AYES--293
Aderholt
Archer
Armey
Bachus
Baker
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Berkley
Berry
Biggert
Bilbray
Bilirakis
Bishop
Bliley
Blunt
Boehlert
Boehner
Bonilla
Bono
Boswell
Boucher
Boyd
Brady (TX)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Castle
Chabot
Chambliss
Chenoweth
Clement
Coble
Coburn
Collins
Combest
Condit
Cook
Costello
Cox
Cramer
Crane
Cubin
Cunningham
Danner
Davis (FL)
Davis (VA)
Deal
DeFazio
DeLay
DeMint
Deutsch
Diaz-Balart
Dickey
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
English
Etheridge
Everett
Ewing
Fletcher
Foley
Forbes
Ford
Fossella
Fowler
Franks (NJ)
Frelinghuysen
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Goode
Goodlatte
Goodling
Goss
Graham
Granger
Green (TX)
Green (WI)
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill (IN)
Hill (MT)
Hilleary
Hobson
Hoeffel
Hoekstra
Holden
Hooley
Horn
Hostettler
Hulshof
Hunter
Hutchinson
Hyde
Isakson
Istook
Jenkins
John
Johnson (CT)
Johnson, Sam
Jones (NC)
Kaptur
Kasich
Kelly
King (NY)
Kingston
Knollenberg
Kolbe
Kucinich
Kuykendall
LaHood
Lampson
Largent
Latham
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lowey
Lucas (KY)
Lucas (OK)
Maloney (CT)
Manzullo
Mascara
McCarthy (NY)
McCollum
McCrery
McHugh
McInnis
McIntosh
McIntyre
McKeon
McNulty
Metcalf
Mica
Miller (FL)
Miller, Gary
Mollohan
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Nethercutt
Ney
Northup
Norwood
Nussle
Obey
Ortiz
Ose
Oxley
Packard
Pascrell
Pease
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pickering
Pickett
Pitts
Pombo
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Quinn
Radanovich
Rahall
Ramstad
Regula
Reyes
Reynolds
Riley
Roemer
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Ryan (WI)
Ryun (KS)
Salmon
Sanchez
Sandlin
Sanford
Saxton
Scarborough
Schaffer
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shows
Shuster
Simpson
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Spence
Spratt
Stabenow
Stearns
Stenholm
Stump
Sununu
Sweeney
Talent
Tancredo
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thornberry
Thune
Thurman
Tiahrt
Toomey
Traficant
Turner
Udall (NM)
Upton
Visclosky
Vitter
Walden
Walsh
Wamp
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Weygand
Whitfield
Wicker
Wilson
Wise
Wolf
Young (AK)
Young (FL)
NOES--134
Abercrombie
Ackerman
Allen
Andrews
Baird
Baldwin
Barrett (WI)
Becerra
Bentsen
Berman
Blagojevich
Blumenauer
Bonior
Borski
Brady (PA)
Brown (FL)
Brown (OH)
Capps
Capuano
Cardin
Carson
Clay
Clayton
Clyburn
Conyers
Cooksey
Coyne
Crowley
Cummings
Davis (IL)
DeGette
Delahunt
DeLauro
Dingell
Dixon
Doggett
Dooley
Engel
Eshoo
Evans
Farr
Fattah
Filner
Frank (MA)
Frost
Gejdenson
Gonzalez
Gordon
Hastings (FL)
Hilliard
Hinchey
[[Page H4455]]
Hinojosa
Holt
Hoyer
Inslee
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (OH)
Kanjorski
Kennedy
Kildee
Kilpatrick
Kind (WI)
Kleczka
Klink
LaFalce
Lantos
Larson
Lee
Levin
Lewis (GA)
Lofgren
Luther
Maloney (NY)
Markey
Matsui
McCarthy (MO)
McDermott
McGovern
McKinney
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Miller, George
Minge
Mink
Moakley
Nadler
Napolitano
Neal
Oberstar
Olver
Owens
Pallone
Pastor
Paul
Payne
Pelosi
Rangel
Rivers
Rodriguez
Rothman
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schakowsky
Scott
Serrano
Sherman
Slaughter
Stark
Strickland
Stupak
Tauscher
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Velazquez
Vento
Waters
Watt (NC)
Waxman
Wexler
Woolsey
Wu
Wynn
NOT VOTING--7
Brown (CA)
Dicks
Gephardt
Houghton
Martinez
Thomas
Weiner
{time} 2333
Ms. PELOSI and Mr. CROWLEY changed their vote from ``aye'' to ``no.''
Mr. GANSKE, Mr. FORD, Mrs. JOHNSON of Connecticut, Mr. PASCRELL, Mr.
BALDACCI, Ms. SANCHEZ, Mr. DEUTSCH and Mr. REYES changed their vote
from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Announcement By The Chairman
The CHAIRMAN. Pursuant to House Resolution 209, the Chair announces
that he will reduce to a minimum of 5 minutes the period of time within
which a vote by electronic device will be taken on each amendment on
which the Chair has postponed further proceedings. The Chair requests
all Members to remain within the Chamber.
Amendment No. 22 Offered By Mr. Latham
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentleman from Iowa (Mr. Latham) on
which further proceeding were postponed and on which the ayes prevailed
by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 424,
noes 3, not voting 7, as follows:
[Roll No. 217]
AYES--424
Abercrombie
Ackerman
Aderholt
Allen
Andrews
Archer
Armey
Bachus
Baird
Baker
Baldacci
Baldwin
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Bentsen
Bereuter
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop
Blagojevich
Bliley
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Brown (FL)
Brown (OH)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Capps
Capuano
Cardin
Carson
Castle
Chabot
Chambliss
Chenoweth
Clay
Clayton
Clement
Clyburn
Coble
Coburn
Collins
Combest
Condit
Conyers
Cook
Cooksey
Costello
Cox
Coyne
Cramer
Crane
Crowley
Cubin
Cummings
Cunningham
Danner
Davis (FL)
Davis (IL)
Davis (VA)
Deal
DeFazio
DeGette
Delahunt
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart
Dickey
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Emerson
Engel
English
Eshoo
Etheridge
Evans
Everett
Ewing
Farr
Fattah
Filner
Fletcher
Foley
Forbes
Ford
Fossella
Fowler
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Gallegly
Ganske
Gejdenson
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Goode
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Green (TX)
Green (WI)
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill (IN)
Hill (MT)
Hilleary
Hilliard
Hinchey
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Hooley
Horn
Hostettler
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Inslee
Isakson
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
John
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Kasich
Kelly
Kennedy
Kildee
Kilpatrick
Kind (WI)
King (NY)
Kingston
Kleczka
Klink
Knollenberg
Kolbe
Kucinich
Kuykendall
LaFalce
LaHood
Lampson
Lantos
Largent
Larson
Latham
LaTourette
Lazio
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Luther
Maloney (CT)
Maloney (NY)
Manzullo
Markey
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McDermott
McGovern
McHugh
McInnis
McIntosh
McIntyre
McKeon
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Metcalf
Mica
Millender-McDonald
Miller (FL)
Miller, Gary
Miller, George
Minge
Mink
Moakley
Mollohan
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Nadler
Napolitano
Neal
Nethercutt
Ney
Northup
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Ose
Owens
Oxley
Packard
Pallone
Pascrell
Pastor
Payne
Pease
Pelosi
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pickering
Pickett
Pitts
Pombo
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Quinn
Radanovich
Rahall
Ramstad
Rangel
Regula
Reyes
Reynolds
Riley
Rivers
Rodriguez
Roemer
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Rothman
Roukema
Roybal-Allard
Royce
Rush
Ryan (WI)
Ryun (KS)
Sabo
Salmon
Sanchez
Sanders
Sandlin
Sanford
Sawyer
Saxton
Scarborough
Schaffer
Schakowsky
Scott
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shows
Shuster
Simpson
Sisisky
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Spence
Spratt
Stabenow
Stark
Stearns
Stenholm
Strickland
Stump
Stupak
Sununu
Sweeney
Talent
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Thune
Thurman
Tiahrt
Tierney
Toomey
Towns
Traficant
Turner
Udall (CO)
Udall (NM)
Upton
Velazquez
Vento
Visclosky
Vitter
Walden
Walsh
Wamp
Waters
Watkins
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
Wexler
Weygand
Whitfield
Wicker
Wilson
Wise
Wolf
Woolsey
Wu
Wynn
Young (AK)
Young (FL)
NOES--3
Ehrlich
Gonzalez
Paul
NOT VOTING--7
Brown (CA)
Dicks
Gephardt
Houghton
Martinez
Thomas
Weiner
{time} 2340
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 23 Offered By Mr. Rogan
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentleman from California (Mr. Rogan)
on which further proceedings were postponed and on which the noes
prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 184,
noes 243, not voting 7, as follows:
[Roll No. 218]
AYES--184
Aderholt
Andrews
Armey
Bachus
Baker
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Boehner
Bono
Boswell
Brady (TX)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Canady
Cannon
Chabot
Chambliss
Chenoweth
Coble
Collins
Combest
Condit
Cook
Cooksey
Cox
Cramer
Crane
Cunningham
Danner
Davis (VA)
Deal
DeMint
Deutsch
Diaz-Balart
Doyle
Dreier
Duncan
Dunn
English
Everett
[[Page H4456]]
Fletcher
Foley
Fowler
Franks (NJ)
Frelinghuysen
Gallegly
Gekas
Gibbons
Gilchrest
Gillmor
Goode
Goodlatte
Gordon
Goss
Graham
Granger
Green (TX)
Gutknecht
Hall (OH)
Hall (TX)
Hayes
Hayworth
Herger
Hill (IN)
Hilleary
Hobson
Holden
Horn
Hunter
Hyde
Istook
Jenkins
John
Johnson (CT)
Jones (NC)
Kasich
Klink
Knollenberg
Kucinich
Lampson
Latham
Leach
Lewis (KY)
Linder
LoBiondo
Lofgren
Lucas (KY)
Luther
Maloney (CT)
Mascara
McCollum
McInnis
McIntosh
McIntyre
Menendez
Metcalf
Mica
Miller, Gary
Mollohan
Moore
Morella
Myrick
Ney
Norwood
Ose
Oxley
Packard
Pallone
Pascrell
Pease
Peterson (MN)
Peterson (PA)
Pickering
Pitts
Pomeroy
Radanovich
Ramstad
Regula
Riley
Roemer
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Rothman
Roukema
Royce
Ryun (KS)
Salmon
Sandlin
Saxton
Schaffer
Sensenbrenner
Sessions
Shadegg
Shays
Sherwood
Shows
Shuster
Simpson
Skelton
Smith (NJ)
Smith (TX)
Spence
Spratt
Stabenow
Stearns
Stenholm
Stump
Tancredo
Tauzin
Taylor (MS)
Taylor (NC)
Tiahrt
Traficant
Turner
Udall (CO)
Udall (NM)
Upton
Vitter
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Wise
Wolf
Wu
Young (AK)
Young (FL)
NOES--243
Abercrombie
Ackerman
Allen
Archer
Baird
Baldacci
Baldwin
Barrett (WI)
Bateman
Becerra
Bentsen
Berkley
Berman
Berry
Biggert
Blagojevich
Blumenauer
Blunt
Boehlert
Bonilla
Bonior
Borski
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Camp
Campbell
Capps
Capuano
Cardin
Carson
Castle
Clay
Clayton
Clement
Clyburn
Coburn
Conyers
Costello
Coyne
Crowley
Cubin
Cummings
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
DeLay
Dickey
Dingell
Dixon
Doggett
Dooley
Doolittle
Edwards
Ehlers
Ehrlich
Emerson
Engel
Eshoo
Etheridge
Evans
Ewing
Farr
Fattah
Filner
Forbes
Ford
Fossella
Frank (MA)
Frost
Ganske
Gejdenson
Gilman
Gonzalez
Goodling
Green (WI)
Greenwood
Gutierrez
Hansen
Hastings (FL)
Hastings (WA)
Hefley
Hill (MT)
Hilliard
Hinchey
Hinojosa
Hoeffel
Hoekstra
Holt
Hooley
Hostettler
Hoyer
Hulshof
Hutchinson
Inslee
Isakson
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Johnson, Sam
Jones (OH)
Kanjorski
Kaptur
Kelly
Kennedy
Kildee
Kilpatrick
Kind (WI)
King (NY)
Kingston
Kleczka
Kolbe
Kuykendall
LaFalce
LaHood
Lantos
Largent
Larson
LaTourette
Lazio
Lee
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Lowey
Lucas (OK)
Maloney (NY)
Manzullo
Markey
Matsui
McCarthy (MO)
McCarthy (NY)
McCrery
McDermott
McGovern
McHugh
McKeon
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Millender-McDonald
Miller (FL)
Miller, George
Minge
Mink
Moakley
Moran (KS)
Moran (VA)
Murtha
Nadler
Napolitano
Neal
Nethercutt
Northup
Nussle
Oberstar
Obey
Olver
Ortiz
Owens
Pastor
Paul
Payne
Pelosi
Petri
Phelps
Pickett
Pombo
Porter
Portman
Price (NC)
Pryce (OH)
Quinn
Rahall
Rangel
Reyes
Reynolds
Rivers
Rodriguez
Roybal-Allard
Rush
Ryan (WI)
Sabo
Sanchez
Sanders
Sanford
Sawyer
Scarborough
Schakowsky
Scott
Serrano
Shaw
Sherman
Shimkus
Sisisky
Skeen
Slaughter
Smith (MI)
Smith (WA)
Snyder
Souder
Stark
Strickland
Stupak
Sununu
Sweeney
Talent
Tanner
Tauscher
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Thune
Thurman
Tierney
Toomey
Towns
Velazquez
Vento
Visclosky
Walden
Walsh
Wamp
Waters
Watt (NC)
Waxman
Wexler
Weygand
Whitfield
Wicker
Wilson
Woolsey
Wynn
NOT VOTING--7
Brown (CA)
Dicks
Gephardt
Houghton
Martinez
Thomas
Weiner
{time} 2349
Messers. QUINN, DOGGETT, BERRY, BENTSEN, CAMP, PORTMAN, HILL of
Montana, and Ms. PRYCE of Ohio and Mrs. CUBIN changed their vote from
``aye'' to ``no.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
{time} 2350
Amendment No. 24 Offered by Mr. Tancredo
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentleman from Colorado (Mr. Tancredo)
on which further proceedings were postponed and on which the ayes
prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN. This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 300,
noes 127, not voting 7, as follows:
[Roll No. 219]
AYES--300
Aderholt
Archer
Armey
Bachus
Baird
Baker
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Berry
Biggert
Bilbray
Bilirakis
Bishop
Blagojevich
Bliley
Blunt
Boehlert
Boehner
Bonilla
Bono
Borski
Boswell
Boucher
Boyd
Brady (TX)
Brown (OH)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cannon
Castle
Chabot
Chambliss
Chenoweth
Clement
Coble
Coburn
Collins
Combest
Condit
Cook
Costello
Cox
Cramer
Crane
Crowley
Cubin
Cunningham
Danner
Davis (FL)
Davis (VA)
Deal
DeFazio
DeLay
DeMint
Deutsch
Diaz-Balart
Dickey
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Etheridge
Everett
Ewing
Fletcher
Foley
Forbes
Ford
Fossella
Fowler
Franks (NJ)
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Goode
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Green (TX)
Green (WI)
Greenwood
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill (IN)
Hill (MT)
Hilleary
Hobson
Hoeffel
Hoekstra
Holden
Hooley
Horn
Hostettler
Hulshof
Hunter
Hutchinson
Hyde
Inslee
Isakson
Istook
Jenkins
John
Johnson (CT)
Johnson, Sam
Jones (NC)
Kanjorski
Kaptur
Kasich
Kelly
King (NY)
Kingston
Klink
Knollenberg
Kolbe
Kuykendall
LaFalce
LaHood
Lampson
Largent
Latham
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lucas (KY)
Lucas (OK)
Manzullo
Mascara
Matsui
McCarthy (NY)
McCollum
McCrery
McHugh
McInnis
McIntosh
McIntyre
McKeon
McNulty
Menendez
Metcalf
Mica
Miller (FL)
Miller, Gary
Mollohan
Moore
Moran (KS)
Moran (VA)
Murtha
Myrick
Napolitano
Nethercutt
Ney
Northup
Norwood
Nussle
Obey
Ortiz
Ose
Oxley
Packard
Pascrell
Pastor
Paul
Pease
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pickering
Pitts
Pombo
Pomeroy
Portman
Price (NC)
Pryce (OH)
Quinn
Radanovich
Rahall
Ramstad
Regula
Reynolds
Riley
Roemer
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Rothman
Roukema
Royce
Ryan (WI)
Ryun (KS)
Salmon
Sandlin
Sanford
Sawyer
Saxton
Scarborough
Schaffer
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shows
Shuster
Simpson
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Spence
Spratt
Stabenow
Stearns
Stenholm
Strickland
Stump
Stupak
Sununu
Sweeney
Talent
Tancredo
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thompson (CA)
Thornberry
Thune
Thurman
Tiahrt
Toomey
Traficant
Turner
Upton
Visclosky
Vitter
Walden
Walsh
Wamp
Watkins
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Wise
Wolf
Wu
Wynn
Young (AK)
Young (FL)
NOES--127
Abercrombie
Ackerman
Allen
Andrews
Baldacci
Baldwin
Becerra
Bentsen
Bereuter
Berkley
Berman
Blumenauer
Bonior
Brady (PA)
Brown (FL)
Campbell
Capps
Capuano
Cardin
Carson
Clay
Clayton
Clyburn
Conyers
Cooksey
Coyne
Cummings
Davis (IL)
DeGette
Delahunt
DeLauro
Dingell
Dixon
Doggett
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Filner
Frank (MA)
Frelinghuysen
Frost
Gejdenson
Gonzalez
Gutierrez
Hastings (FL)
[[Page H4457]]
Hilliard
Hinchey
Hinojosa
Holt
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E.B.
Jones (OH)
Kennedy
Kildee
Kilpatrick
Kind (WI)
Kleczka
Kucinich
Lantos
Larson
Lee
Levin
Lewis (GA)
Lowey
Luther
Maloney (CT)
Maloney (NY)
Markey
McCarthy (MO)
McDermott
McGovern
McKinney
Meehan
Meek (FL)
Meeks (NY)
Millender-McDonald
Miller, George
Minge
Mink
Moakley
Morella
Nadler
Neal
Oberstar
Olver
Owens
Pallone
Payne
Pelosi
Pickett
Porter
Rangel
Reyes
Rivers
Rodriguez
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Schakowsky
Scott
Serrano
Sherman
Slaughter
Snyder
Stark
Tanner
Tauscher
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Velazquez
Vento
Waters
Watt (NC)
Wexler
Weygand
Woolsey
NOT VOTING--7
Brown (CA)
Dicks
Gephardt
Houghton
Martinez
Thomas
Weiner
{time} 2357
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 26 Offered by Mr. DeMint
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentleman from South Carolina (Mr.
DeMint) on which further proceedings were postponed and on which the
ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 238,
noes 189, not voting 7, as follows:
[Roll No. 220]
AYES--238
Aderholt
Archer
Armey
Bachus
Baker
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Berry
Biggert
Bilbray
Bilirakis
Bishop
Bliley
Blunt
Boehner
Bonilla
Bono
Boswell
Boucher
Brady (TX)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cannon
Chabot
Chambliss
Chenoweth
Clement
Coble
Coburn
Collins
Combest
Condit
Cook
Cox
Cramer
Crane
Cubin
Cunningham
Danner
Davis (VA)
Deal
DeLay
DeMint
Diaz-Balart
Dickey
Doolittle
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
Etheridge
Everett
Ewing
Fletcher
Foley
Forbes
Fossella
Fowler
Frelinghuysen
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Goode
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Green (WI)
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill (IN)
Hill (MT)
Hilleary
Hobson
Hoekstra
Holden
Horn
Hostettler
Hulshof
Hunter
Hutchinson
Hyde
Isakson
Istook
Jenkins
John
Johnson, Sam
Jones (NC)
Kelly
Kingston
Knollenberg
Kolbe
Kuykendall
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas (KY)
Lucas (OK)
Manzullo
Mascara
McCollum
McCrery
McHugh
McInnis
McIntosh
McIntyre
McKeon
Metcalf
Mica
Miller (FL)
Miller, Gary
Mollohan
Moran (KS)
Myrick
Nethercutt
Ney
Northup
Norwood
Nussle
Ortiz
Ose
Oxley
Packard
Paul
Pease
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Pombo
Portman
Pryce (OH)
Quinn
Radanovich
Rahall
Ramstad
Regula
Reynolds
Riley
Roemer
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Ryan (WI)
Ryun (KS)
Salmon
Sanford
Saxton
Scarborough
Schaffer
Sensenbrenner
Sessions
Shadegg
Shaw
Sherwood
Shimkus
Shows
Shuster
Simpson
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Spence
Spratt
Stearns
Stenholm
Stump
Sununu
Sweeney
Talent
Tancredo
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thornberry
Thune
Tiahrt
Toomey
Traficant
Upton
Vitter
Walden
Walsh
Wamp
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)
NOES--189
Abercrombie
Ackerman
Allen
Andrews
Baird
Baldacci
Baldwin
Barrett (WI)
Becerra
Bentsen
Bereuter
Berkley
Berman
Blagojevich
Blumenauer
Boehlert
Bonior
Borski
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Campbell
Capps
Capuano
Cardin
Carson
Castle
Clay
Clayton
Clyburn
Conyers
Cooksey
Costello
Coyne
Crowley
Cummings
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dingell
Dixon
Doggett
Dooley
Edwards
Engel
English
Eshoo
Evans
Farr
Fattah
Filner
Ford
Frank (MA)
Franks (NJ)
Frost
Gejdenson
Gonzalez
Green (TX)
Greenwood
Gutierrez
Hastings (FL)
Hilliard
Hinchey
Hinojosa
Hoeffel
Holt
Hooley
Hoyer
Inslee
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kasich
Kennedy
Kildee
Kilpatrick
Kind (WI)
King (NY)
Kleczka
Klink
Kucinich
LaFalce
Lampson
Lantos
Larson
Lee
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney (CT)
Maloney (NY)
Markey
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Miller, George
Minge
Mink
Moakley
Moore
Moran (VA)
Morella
Murtha
Nadler
Napolitano
Neal
Oberstar
Obey
Olver
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Phelps
Pickett
Pomeroy
Porter
Price (NC)
Rangel
Reyes
Rivers
Rodriguez
Rothman
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Schakowsky
Scott
Serrano
Shays
Sherman
Sisisky
Slaughter
Smith (WA)
Snyder
Stabenow
Stark
Strickland
Stupak
Tanner
Tauscher
Thompson (CA)
Thompson (MS)
Thurman
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
Wexler
Weygand
Wise
Woolsey
Wu
Wynn
NOT VOTING--7
Brown (CA)
Dicks
Gephardt
Houghton
Martinez
Thomas
Weiner
{time} 0003
So the amendment was agreed to.
The result of the vote was announced as above recorded.
The CHAIRMAN pro tempore (Mr. LaHood). It is now in order to consider
amendment No. 27 printed in part A in House Report 106-186.
Mr. ISTOOK. Mr. Chairman, the next scheduled amendment to be offered
was one which I was to offer. However, I do not intend to offer it
because the previous amendment, the DeMint amendment, was adopted by
the House.
My amendment had some similarities with the DeMint amendment. It
would have stated that a plaintiff who sued to try to stop voluntary
student prayer in public schools would not be entitled to collect
attorney fees from the school district. However, since the DeMint
amendment concerned religious expression, and certainly prayer is one
of those religious expressions, my amendment is unnecessary because my
objective was covered in fact in a broader way by the DeMint amendment.
Therefore, I do not wish to offer my amendment at this time.
The CHAIRMAN pro tempore. It is now in order to consider amendment
No. 28 printed in part A of House Report 106-186.
Amendment No. 28 Offered by Mr. Aderholt
Mr. ADERHOLT. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A amendment No. 28 offered by Mr. Aderholt:
Add at the end the following new title:
TITLE __--RIGHTS TO RELIGIOUS LIBERTY
SEC. __. FINDINGS.
The Congress finds the following:
(1) The Declaration of Independence declares that
governments are instituted to secure certain unalienable
rights, including life, liberty, and the pursuit of
happiness, with which all human beings are endowed by their
Creator and to which they are entitled by the laws of nature
and of nature's God.
(2) The organic laws of the United States Code and the
constitutions of every State, using various expressions,
recognize God as the source of the blessings of liberty.
(3) The First Amendment to the Constitution of the United
States secures rights against laws respecting an
establishment of
[[Page H4458]]
religion or prohibiting the free exercise thereof made by the
United States Government.
(4) The rights secured under the First Amendment have been
interpreted by courts of the United States Government to be
included among the provisions of the Fourteenth Amendment.
(5) The Tenth Amendment reserves to the States respectively
the powers not delegated to the United States Government nor
prohibited to the States.
(6) Disputes and doubts have arisen with respect to public
displays of the Ten Commandments and to other public
expression of religious faith.
(7) Section 5 of the Fourteenth Amendment grants the
Congress power to enforce the provisions of the said
amendment.
(8) Article I, Section 8, grants the Congress power to
constitute tribunals inferior to the Supreme Court, and
Article III, Section 1, grants the Congress power to ordain
and establish courts in which the judicial power of the
United States Government shall be vested.
SEC. __. RELIGIOUS LIBERTY RIGHTS DECLARED.
(a) Display of Ten Commandments.--The power to display the
Ten Commandments on or within property owned or administered
by the several States or political subdivisions thereof is
hereby declared to be among the powers reserved to the States
respectively.
(b) Expression of Religious Faith.--The expression of
religious faith by individual persons on or within property
owned or administered by the several States or political
subdivisions thereof is hereby--
(1) declared to be among the rights secured against laws
respecting an establishment of religion or prohibiting the
free exercise of religion made or enforced by the United
States Government or by any department or executive or
judicial officer thereof; and
(2) declared to be among the liberties of which no State
shall deprive any person without due process of law made in
pursuance of powers reserved to the States respectively.
(c) Exercise of Judicial Power.--The courts constituted,
ordained, and established by the Congress shall exercise the
judicial power in a manner consistent with the foregoing
declarations.
The CHAIRMAN pro tempore. Pursuant to House Resolution 209, the
gentleman from Alabama (Mr. Aderholt) and a Member opposed each will
control 10 minutes.
The Chair recognizes the gentleman from Alabama (Mr. Aderholt).
Mr. ADERHOLT. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, the recent shootings in Littleton, Colorado, provide an
unfortunate picture of the terror infested in our schools today,
children killing children in the halls of our schools, children who do
not understand the basic principles of humankind.
Today, I offer the Ten Commandments Defense Act amendment. This
amendment would protect America's religious freedom by allowing States,
and I repeat that, allowing States to make the decision whether or not
to display the Ten Commandments on or within publicly owned property.
As Members of Congress, we have the privilege and the weighty
responsibility to make laws for our country which honor the individual,
laws that foster value and establish basic guidelines of right and
wrong; do not steal, do not lie, do not kill. We are fortunate to live
in a country in which the very First Amendment of our Constitution
guarantees the freedom of religion.
This does not mean freedom from religion. Rather, it means that we
are free to live as we choose; we are free from the tyranny which
stifles our expression of faith.
The founders wisely realized that in a free society it is imperative
that individuals practice forbearance, respect and temperance. These
are the very values taught by all the world's major religions and the
Ten Commandments and our Constitution underscore these values.
While this amendment does not endorse any one religion, it states
that a religious symbol which has deep rooted significance for our
Nation and its history should not be excluded from the public square.
As I look behind me in the House Chamber here tonight, I see other
religious symbols. In the balcony there are reliefs of great lawgivers
throughout history. Blackstone, Jefferson, Hammarabbi, and the list
goes on. However, on the main door to this Chamber is the relief of
Moses, the most prominent place in the Chamber. He looks directly at
the Speaker.
Above the dais, are the words, in God we trust and each day in this
Chamber we open with prayer by our Chaplain. Religious expression is
not absent from this public building, and it is not fair to say that
public buildings in each of the States are precluded from recognizing
this heritage.
The Ten Commandments represent the very cornerstone of Western
civilization and the basis of our legal system here in America. To
exclude a display of the Ten Commandments and suggest that it is in
some way an establishment of religion is not consistent with our
Nation's heritage. This Nation was founded on religious traditions and
they are integral parts of the fabric of American culture, political
and societal life.
This amendment today is not just about the display of the Ten
Commandments. It is also about our Nation's children and the role that
values play in our national life. Our Nation was founded on Judeo-
Christian principles and by our Founding Fathers.
I realize that many things need to happen to redirect this
overwhelming surge toward a violent culture. I also understand that
simply posting the Ten Commandments will not change the moral character
of our Nation overnight. However, it is one step that States can take
to promote morality and work toward an end of children killing
children. The States we represent deserve the opportunity to decide for
themselves whether they want to display the Ten Commandments. This is
consistent with the Tenth Amendment to the Constitution, which says
those powers not given to the Federal Government are reserved for the
States.
I ask my colleagues to join me in giving the States the power to
decide whether to display the Ten Commandments, which are the very
backbone of the values and the nature of our society.
Mr. Chairman, I reserve the balance of my time.
{time} 0010
Mr. SCOTT. Mr. Chairman, I rise to claim the time in opposition to
the amendment.
The CHAIRMAN. The gentleman from Virginia (Mr. Scott) is recognized
for 10 minutes.
Mr. SCOTT. Mr. Chairman, I yield myself 1\1/2\ minutes.
Mr. Chairman, our rich tradition of religious diversity is a
cornerstone of American constitutional rights. Rather than trying to
honor and promote that tradition of religious diversity by focusing on
the Ten Commandments, this amendment seeks to elevate one particular
religion over all others. This singling out of one religion is contrary
to the American ideal of religious tolerance and is blatantly
unconstitutional.
By contrast, the Chamber of the Supreme Court, one of the best
traditions of our religious diversity, the Ten Commandments, depicts
Hammurabi, Moses, Confucius, Augustus, Mohammed and others as those who
have given the philosophy and law, and does so in a manner that honors
the diversity of our religious experience.
The amendment before us today is unconstitutional because it is
inconsistent with the first amendment. The case law clearly establishes
that placing religious articles such as the Ten Commandments outside
the context of other secular symbols, in a government establishment is
a violation of the Establishment Clause.
In Stone v. Graham, in 1980, the Supreme Court struck down a Kentucky
law requiring the posting of the Ten Commandments in public schools.
Another case, in 1994, the 11th Circuit Court of Appeals found a
courtroom display of the Ten Commandments to be unconstitutional.
For more than 200 years, we have survived as a government of laws and
court interpretations of those laws, and now is not the time on a
juvenile justice bill to be debating complex constitutional principles
that have nothing to do with juvenile crime.
Mr. Chairman, I reserve the balance of my time.
Mr. ADERHOLT. Mr. Chairman, I yield 2 minutes to the gentleman from
North Carolina (Mr. Hayes).
(Mr. HAYES asked and was given permission to revise and extend his
remarks.)
Mr. HAYES. Mr. Chairman, we have awoken to a day in which hatred is
overlooked, violence is glorified, and random acts of indecency are
tolerated. I fear that this has led to a generation
[[Page H4459]]
that no longer understands the difference between right and wrong.
This segment of our youth population has abandoned the notion that
human life should be treasured. It saddens me to conclude that many of
these youth are, by their own account, morally destitute. Regrettably,
Americans have witnessed a series of heart-wrenching incidents of youth
violence, casting light on the magnitude of our Nation's problem.
I do not support the Aderholt amendment because I want to impose
religion in our schools. I strongly support this amendment because our
States should have the opportunity to expose their students to a
timeless code which, I believe, could instill ageless values.
I have given much thought to why some of my colleagues are so
resistant to the proposal of the gentleman from Alabama (Mr. Aderholt),
and, frankly, I remain incredulous. Do some truly believe that teaching
our children that lying, stealing, and killing is wrong? Listening to
some of my colleagues on the other side of the aisle, one might
conclude that the amendment of the gentleman from Alabama (Mr.
Aderholt) would tear at the fabric of our Nation.
It is amazing to me that many of these same Members will, no doubt,
vehemently defend the right of commercial vendors who wish to
distribute pornography, filth, and violence to our children, and yet
rail against States that wish to allow their school districts the right
to post the 10 basic tenets of the Judeo-Christian tradition.
Mr. Chairman, when will we as a Congress humbly acknowledge that this
Nation was founded on a simple principle of trust in God? We need to
get our priorities straight. I support the freedom of religion, and I
support this amendment.
Mr. SCOTT. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman from
New York (Mr. Nadler).
Mr. NADLER. Mr. Chairman, this amendment again attempts to say that
the Congress finds what is constitutional and what is not. It finds to
be constitutional what the courts of the land, which have the power and
the duty under our system of finding what is constitutional, this says
what they have found to be unconstitutional is constitutional. It is
usurpation of the power of the courts, number one.
Number two, it says the courts, constituted and ordained and
established by the Congress, shall exercise the judicial power in a
manner consistent with the foregoing declarations. God forbid, the
courts should exercise the judicial power in accordance with the
courts' understanding of the Constitution, first of all; and, second of
all, with the laws, not with opinions expressed and findings of
Congress.
Third, public buildings shall have the Ten Commandments. The Ten
Commandments say a number of things. I think most people who talk about
them do not really know what they say. It says, ``I am the Lord, thy
God, who has brought thee forth from Egypt. Thou shalt have no other
Gods before me, for I, the Lord thy God, am a jealous God, visiting the
sins of the fathers on the children even unto the third and fourth
generations.''
Do most religious groups in this country really believe that God
visits the sins of the fathers on the children to the third and fourth
generations? I think not.
``Thou shalt not work on Saturday.'' Most Christian denominations
have changed it to Sunday. Do we want to say they are wrong, with the
power of the State behind them, the Christian groups are wrong, they
ought to be changed back to Saturday? That is what the Ten Commandments
seems to say.
I am not expressing a view on religion, but the States should not
take a position on that by putting that in the courtroom or the
schools.
Let me ask a different question: Whose Ten Commandments? Which
version? The Catholic version? The Protestant version, or the Jewish
version? They are different, you know. The Hebrew words are the same,
but the translations are very different, reflecting different religious
traditions and different religious beliefs.
Are our public buildings to be Catholic because the local Catholic
majority votes that the Catholic version found in the Douay Bible
should be in the public buildings? Or perhaps they should be Protestant
because the local majority decides that the Saint James version of the
Ten Commandments, which is very different from the Catholic version. Or
maybe the Jews have a majority in the local district, and they decide
the Messianic version should be in the public buildings.
It was precisely to avoid divisive questions like this that the first
amendment commands no establishment of religion; and that is what this
ignorant amendment would overturn. I urge its defeat.
Mr. ADERHOLT. Mr. Chairman, I yield 2 minutes to the gentleman from
Georgia (Mr. Barr).
Mr. BARR of Georgia. Mr. Chairman, this is a copy of the Ten
Commandments that hangs on the wall of the office of the gentleman from
Georgia (Mr. Barr), Representative from the Seventh District. This has
been hanging on our wall for close to 5 years now, since I was sworn in
as a Member of this Chamber.
Not one time have we had somebody that has walked into that office,
seen these Commandments, fallen down on their knees and say, I must pay
homage to whatever religion the gentleman from Georgia (Mr. Barr) is.
There is nothing in these Ten Commandments that reaches out and grabs
somebody and forces them to abide by any particular religious belief.
I challenge anybody on the other side to tell me what in these Ten
Commandments they find so objectionable. Do they find so objectionable
that it says, Thou shalt not kill? Would they object to having those
words, and no more, inscribed on the halls of our schools so that our
children are reminded that thou shalt not kill? I dare say no.
It mystifies me what they find so objectionable in the Ten
Commandments. They say, oh, this is not the time, Mr. Chairman, this is
not the time in this bill about youth violence. I challenge them, if
this is not the time, what in God's name is the time? When in God's
name, Mr. Chairman, is it time; when we have children killing children
in our schools, killing teachers in our schools is the time?
Is it the time when we have another tragedy in schools? Will it be
time when we have more teachers killed? Will it be time when we have
more weapons of destruction being taken into our schools? Maybe then it
would be time. But I say, Mr. Chairman, it is time now.
As was spoken eloquently in testimony before the House of
Representatives Subcommittee on Crime on May 27, 1999, in a poem penned
by one of the parents of the victims of two of the Columbine High
School shootings victims, Darrell Scott, he sent a poem which now hangs
on our wall next to the Ten Commandments. He says in closing, ``You
fail to understand that God is what we need!'' We do need God. I urge
the adoption of this amendment.
In the past, America had one room school houses where moral teaching
and strong discipline were a part of each day's lesson. At the same
time, we had very few gun control laws on the books. In those days,
violence in schools was largely limited to playground scuffles.
Today, we have numerous gun control laws. We also have schools where
students are forbidden to pray in class or refer to the Lord, where
Bible stories cannot be read, and where teachers cannot discipline
students. At the same time, we are forced to fight a rising tide of
juvenile violence that would have been unthinkable a few short years
ago. Coincidence? Not likely.
One of the most egregious examples of the disconnect between common
sense and government is the policy many governments have been forced to
adopt, banning public display of the Ten Commandments.
Mr. Chairman, some on the other side of the aisle keep saying that
Republicans are working on behalf of the NRA. Their irrational argument
against something as simple and non-sectarian as displaying the Ten
Commandments proves that many in the Democrat party have been bought
and paid for by the trial lawyers. And, those lawyers are getting what
they paid for judging from the lengths some are willing to go to in
order to keep moral teaching out of our schools.
Frankly, I'll take protecting the rights of law abiding citizens over
working to protect the views of special interests any day. What kind of
society allows its students to make videos about violence, but won't
allow teachers to put a poster on a wall with the words ``Thou shalt
not kill'' written on it? Trial lawyers and intimidating federal
bureaucrats have dictated school policies for too long. Enough is
enough.
[[Page H4460]]
Mr. SCOTT. Mr. Chairman, I yield 2 minutes to the gentleman from
Texas (Mr. Edwards).
Mr. EDWARDS. Mr. Chairman, after hearing the last statement on the
floor, I am reminded of a statement made by the 18th Century American
Baptist preacher, John Leland, who fought mightily for a religious
liberty amendment in the Bill of Rights when he said, ``Experience has
informed us that the fondness of magistrates to foster Christianity has
done it more harm than all the persecutions ever did. Persecution, like
the lion, tears the saints to death, but leaves Christianity pure.
State establishment of religion, like a bear, hugs the saints, but
corrupts Christianity.''
Mr. Chairman, what is wrong with this picture? Our Founding Fathers
decided that the issue of religious liberty, the concept of separating
church and State in America was so important it should be the first 16
words of the Bill of Rights.
But here we are, after midnight, more staff people on this floor than
Members of this House, debating with the gracious allowance of 10
minutes on each side, 10 minutes to debate an issue that is fundamental
to the point. It is the very beginning of the foundation of our Bill of
Rights and the first amendment.
{time} 0020
That is wrong.
Now, I would suggest it is absolutely disingenuous to suggest that
tonight is a debate about the goodness of the Ten Commandments. I am a
Christian, I would say to my colleague, the gentleman from Georgia (Mr.
Barr). I am not going to debate my level of Christianity versus anyone
else's. It is not my place in my Christianity to judge anyone else. But
that is not what this debate is all about. This debate is whether
government has the right to use its resources to push its religious
views on other free citizens of this land.
And do not listen to my words tonight. Listen to what the Supreme
Court said. The Supreme Court has clearly stated in its cases that the
preeminent purpose for posting the Ten Commandments on the schoolroom
walls is plainly religious in nature.
This debate does disservice to the Bill of Rights and the principle
of religious liberty.
Mr. ADERHOLT. Mr. Chairman, I yield 2 minutes to the gentleman from
Indiana (Mr. Souder).
Mr. SOUDER. Mr. Chairman, I thank the gentleman from Alabama (Mr.
Aderholt) for yielding me this time and for his leadership.
This debate is about what is going on with our kids in America, and
that is why it is part of the juvenile justice bill. And there are
millions and millions, probably the overwhelming majority of Americans,
who believe part of this is the lack of moral teaching and the moral
influence which we have sucked out of our system in this country.
I am tired of hearing tonight on the floor about how neutral our
Founding Fathers were and this and that. The fact is we have lawgivers
all around this body, and all their heads are sideways on this side,
and all their heads are sideways on that side, except for one. Moses is
looking straight down on the Speaker of the House. And up above the
Speaker of the House it says ``In God We Trust.'' And it is Moses
looking here, not all these on this side and not all these on this
side. They are part of a tradition, but this is the central tradition.
We have denied and sucked out the central tradition.
We now have diversity, and in the schools we allow posting of posters
from the Hindu background, from the Mexican background, prayers from
Indian faiths, but not the Ten Commandments. In Congress, Members who
are interested can get and have the different plaques, the stone
plates, and I hope we do not drop these because I do not want to bring
any bolts of lightning down on us, of the Ten Commandments. We can put
these in our offices. We can have Moses staring down here, but these
things apparently are dangerous for our children. We would not want
them to have other gods. We would not want them to learn about killing
and stealing. Apparently, this is more dangerous than whether they can
wear Marilyn Manson T-shirts, whether they can have posters in the
schools advertising rock concerts. Anything goes pretty much in the
schools as long as it is not the Ten Commandments.
That is what we are concerned about, is the stripping of the
religious freedom for the central part of our culture, not trying to
deprive other people of their rights. I am fine with posting different
versions of the Ten Commandments, if that is what it takes. We are not
trying to restrict other people's rights. We are trying to bring the
rights back for the central faith of this country.
Mr. SCOTT. Mr. Chairman, I yield 2 minutes to the gentlewoman from
California (Ms. Waters).
Ms. WATERS. Mr. Chairman, I am a protestant, a Baptist in particular.
I am not of the Jewish faith, I do not practice Judaism, I do not
practice the Muslim faith, I do not know anything about Buddhists. I
respect each of those. But when I send my child to school, I expect my
child not to be influenced by anybody else's religion. I expect to
teach my child in my house what I would like to teach him about
religion. While I respect everybody's religion, I do not want it
imposed on my child where I send him to school.
Now, my colleague thinks it is all right to have the Ten
Commandments. I do not know what is synonymous to that in any of these
other religions. I know one thing. I do not want anybody else's
religion displayed by way of their commandments in the classroom where
my child is, maybe teaching him something different than what I would
teach him.
As far as I am concerned, I teach my child that God is God. It may be
Jehovah, it may be Allah, it may be something in other religions. But
that is the point. The point is this is a Nation where we are allowed
to practice whatever we would like to practice. It is central and basic
to our democracy. It is installed in our Constitution. It is
sacrosanct. It is the most precious thing that we can have, freedom of
religion.
When the gentleman talks about the Ten Commandments, he is talking
about something that is central to Christianity. Why in God's name
would he want that to be the symbol of everybody's religion? The fact
of the matter is, he would not like it if somebody else imposed
something else on his child. So he has got to see it in a more
comprehensive way.
It is unconstitutional. It flies in the face of the Constitution of
this land and it should not be done.
Mr. SCOTT. Mr. Chairman, I yield 1\1/2\ minutes to the gentlewoman
from Texas (Ms. Jackson-Lee).
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON LEE of Texas. Mr. Chairman, I respect the fact that there
are Members who have come to this floor arguing the Constitution on a
juvenile crime bill because they see no other hope for them or for the
children of America. And I would simply say to the gentleman from
Alabama (Mr. Aderholt), although I respect his desires and his
appreciation for the Ten Commandments, it is important to hold in high
regard the Constitution of the United States.
The Constitution requires that we establish no religion. The
gentleman from Georgia (Mr. Barr) has asked, ``When in God's name.''
Well, the gentleman has the Ten Commandments, and I would hope that
wherever the gentleman from Georgia goes he offers to those who will
hear him his belief in the Ten Commandments. And that is what we need
to give our children in America, the opportunity for them to choose
their beliefs.
For this to be allowed, if the gentleman is attaching it to the
juvenile crime bill, he must be saying, put the Ten Commandments in our
schools. Well, in our schools, as evidenced by the statement of the
Secretary of Education, that I wish the gentleman from Colorado (Mr.
Tancredo) would have offered, we allow our students to express
themselves, no matter what their religion is. They can gather
voluntarily and pray to their respective gods. If they want to
acknowledge the Ten Commandments, do so, and I support them in doing
so. I happen to believe in the Seventh Day Sabbath, but if someone does
not agree with that, then they have every right to not be forced to do
so.
I would say, Mr. Chairman, that the Constitution is violated by that
amendment, and I would ask it be defeated.
[[Page H4461]]
Mr. SCOTT. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, Amendment I of the Constitution says the Congress shall
make no law respecting an establishment of religion. Obviously, picking
one religious symbol establishes that religion.
Mr. Chairman, to the extent this measure may be constitutional, if it
is constitutional, we do not need it. If it is not constitutional, it
does not make any difference whether we pass it or not. We are wasting
time. We ought to get back to juvenile crime. We should not be taking
up this measure at 12:30 at night. I would hope we would get back to
the serious consideration of juvenile crime.
Mr. NADLER. Mr. Chairman, I ask unanimous consent, in view of the
importance of this subject, that the time for debate be extended by 1
hour.
The CHAIRMAN pro tempore (Mr. LaHood). Is there objection to the
request of the gentleman from New York?
Mr. ADERHOLT. Mr. Chairman, I object.
The CHAIRMAN pro tempore. Objection is heard.
The question is on the amendment offered by the gentleman from
Alabama (Mr. Aderholt).
The question was taken; and the Chairman pro tempore announced that
the ayes appeared to have it.
Mr. SCOTT. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN pro tempore. Pursuant to House Resolution 209, furthers
proceedings on the amendment offered by the gentleman from Alabama (Mr.
Aderholt) will be postponed.
It is now in order to consider amendment No. 29 printed in part A of
House Report 106-186.
{time} 0030
Amendment No. 29 Offered by Mr. Souder
Mr. SOUDER. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A amendment No. 29 offered by Mr. Souder:
At the end of the bill, add the following (and make such
technical and conforming changes as may be appropriate):
SEC. 3. RELIGIOUS NONDISCRIMINATION.
The Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5601 et seq.) is amended by inserting before title
III the following:
``religious nondiscrimination
``Sec. 299J. (a) A governmental entity that receives a
grant under this title and that is authorized by this title
to carry out the purpose for which such grant is made through
contracts with, or grants to, nongovernmental entities may
use such grant to carry out such purpose through contracts
with or grants to religious organizations.
``(b) For purposes of subsection (a), subsections (b)
through (k) of section 104 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (42 U.S.C. 604a)
shall apply with respect to the use of a grant received by
such entity under this title in the same manner as such
subsections apply to States with respect to a program
described in section 104(a)(2)(A) of such Act.''.
The CHAIRMAN. Pursuant to House Resolution 209, the gentleman from
Indiana (Mr. Souder) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Indiana (Mr. Souder).
Mr. SOUDER. Mr. Chairman, I yield myself such time as I may consume.
(Mr. SOUDER asked and was given permission to revise and extend his
remarks.)
Mr. SOUDER. Mr. Chairman, I rise in support of this amendment which I
am offering along with my colleague, the gentleman from Pennsylvania
(Mr. English), to expand the principle of religious nondiscrimination
to faith-based providers that may desire to compete for contracts and
grants provided through juvenile justice funds.
This principle is known as charitable choice and was first included
in the welfare reform legislation that became law in 1996. That passed
this House by an overwhelming margin, passed the Senate by an
overwhelming margin, and was signed by the President of the United
States.
In 1998, this principle was also extended to community services block
grant legislation. This passed the House by an even bigger margin,
passed the Senate by an even bigger margin, was signed by the President
of the United States.
Today this House should extend this principle which treats faith-
based organizations fairly if they choose to compete to provide
juvenile justice prevention services, as well.
Unfortunately, some have raised concerns about this approach which
treats fairly faith-based groups on the basis of a distortion of
church-state relations.
Now, interestingly, the leading Republican contender for President
George Bush, the Governor of Texas, has been a leader in this. But even
more interestingly, Vice President Gore has come to speak out on
charitable choice, as well.
In Atlanta, at the Salvation Army, on May 24, he said, ``I believe
the lesson for our Nation is clear. In those instances where the
complete power of faith can help us meet the crushing social challenges
that are otherwise impossible to meet, such as drug addiction and gang
violence, we should explore carefully-tailored relationships with our
faith community so that we can use approaches that are working best.''
If my colleagues look at his campaign home page, it specifically says
that ``Vice President Gore and his presidential campaign supports the
concept of charitable choice, which the President of the United States
has signed in two other bills.''
It is hard for me to understand why anybody would oppose this
amendment since both parties' leading contenders, since the current
President of the United States, since both Houses of Congress have
adopted it. And I hope we will pass this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. SCOTT. Mr. Chairman, I rise in opposition to the amendment.
The CHAIRMAN. The gentleman from Virginia (Mr. Scott) is recognized
for 5 minutes.
Mr. SCOTT. Mr. Chairman, I yield such time as he may consume to the
gentleman from Texas (Mr. Edwards).
Mr. EDWARDS. Mr. Chairman, it is now getting worse. Instead of having
10 minutes on each side of the aisle to debate the fundamental issue of
separation of church and State, we now only have 5 minutes; 5 minutes
in the middle of the night, with very few Members here, to discuss
something that was so important, that was embedded in the very
foundation of the Bill of Rights, the principle of separating
government's power from the right of citizens in this country to
exercise their own religious beliefs.
I would make a suggestion. If it were my intent to undermine the
religious tolerance for which we have great pride and respect in
America, for intent to undermine that tolerance and to create a
Northern Ireland in the United States of America, where one religion is
pitted against another, let me tell my colleagues how I would do it.
I would put billions of dollars out on the table and tell churches
and synagogues that they ought to compete now for that money to help
administer social programs.
Five years from now we will have the Baptists arguing with the
Methodists, with the Catholics, with the Jews, with the Hindus, with
the Muslims, over who got their proportional share of the almighty
Federal dollar.
Since we were not given the privilege of having even a 10-minute
debate in committee on this fundamental issue, I would hope the author
of this amendment would clarify to this House before we vote on this
crucial point whether this will allow money to go directly to
pervasively sectarian religious institutions.
Mr. Chairman, I would be glad to yield to the gentleman if he would
answer that question.
Mr. SOUDER. Mr. Chairman, this has exactly the same language that my
colleague voted for in the human services authorization and that he
voted for personally in the welfare. It is the same language.
Mr. EDWARDS. Mr. Chairman, it is the same language that not 5 or 10
Members of this House knew was in the welfare reform bill. And I was
here on the floor of the House at 1 a.m. in the morning the last time
we debated this. But would the gentleman please answer my question? It
is a good-faith question to the gentleman.
Mr. SOUDER. Mr. Chairman, I yield myself such time as I may consume.
I will answer the question here. I apologize for seeming to avoid it,
but
[[Page H4462]]
in fact it was debated. It was a major debate in conference and was
aired nationally in the media.
This would allow money directly to go to those groups. They cannot
service just their groups. They do not have to change their internal
operations. They cannot proselytize with any of the money or they would
lose the grant.
Mr. Chairman, I yield 1\1/2\ minutes to my friend and cosponsor, the
gentleman from Pennsylvania (Mr. English).
Mr. ENGLISH. Mr. Chairman, the gentleman from Indiana (Mr. Souder)
and I read what we vote for, and we are offering this charitable choice
amendment to level the playing field for faith-based organizations by
giving them the opportunity to compete with other private entities and
providing juvenile justice services.
Religious organizations we know play a critical role in every
community and offer unique ways in dealing with young people's needs.
These organizations should have the right to compete for these grants.
The charitable choice amendment empowers faith-based organizations to
participate in providing juvenile services, but at the same time it
guarantees tolerance of the religious beliefs of individuals
participating in those programs.
It gives the beneficiary of services the right to object to receiving
services from a religious organization and find an alternative
provider. No recipients of juvenile justice services will be forced to
accept services from a faith-based provider.
Under current law, any organization who is eligible and receiving a
grant from the Federal Government cannot discriminate against a
beneficiary because of religious affiliation. And this amendment would
apply that standard to faith-based providers, as well.
In addition, it clarifies that a religious provider receiving grant
money may not discriminate against an employee because of religious
affiliation.
This proposal respects religious diversity even as it attracts new
perspectives for treating juvenile offenders.
I challenge my colleagues to look into their heart and support this
provision.
Mr. SCOTT. Mr. Chairman, I yield 2 minutes to the gentleman from New
York (Mr. Nadler).
Mr. NADLER. Mr. Chairman, I am sorry that the gentleman did not yield
to my question before because I am not sure what this language means.
If it means only that a church or a synagogue can get money to run a
hot lunch program or to run a housing project, so long as it does it in
a non-sectarian and non-religious basis and does not mix religion into
it, then that is the current law and we do not need it and we should
vote against it because it is unnecessary if that is all it means.
But if it means, as I suspect it means, that if the Federal
Government runs a hot lunch program that the first whatever church of
east Oshkosh can apply for a grant and can get that grant and can say
to people who want to eat the hot lunch, the condition of their getting
the hot lunch is that they listen to their religious sermon, if it
means, as I suspect it does, that the Congress believes that faith-
based methodology, a belief in God, a belief in particular religious
doctrines, helps cure drug addicts and, therefore, we want the churches
to do this, then that is a per se violation of the separation of church
and State, it is an obvious violation of the First Amendment of the
establishment of religion, and it leads to exactly what the gentleman
from Texas (Mr. Edwards) was talking about a few minutes ago.
The most contentious thing we do here is decide what percentage of
transit funds or highway funds New York gets as opposed to Pennsylvania
or Indiana. We have our fights here about that.
Can my colleagues imagine if we have the annual appropriations fight
because the Committee on Appropriations thinks the Methodists ought to
get 6.2 percent and the Baptists 7.8 percent, but of course the
Baptists think they ought to get more and the Methodists think they
ought to get more and the Baptists less?
It is the most divisive thing I can imagine in this country and it is
exactly why the Founding Fathers said no establishment of religion. We
do not want to get into those religious wars that have driven Europe
apart and have driven Asia apart, and this is the road that that
amendment leads us down.
Mr. SOUDER. Mr. Chairman, how much time remains on both sides?
The CHAIRMAN. The gentleman from Indiana (Mr. Souder) has 1 minute
remaining. The gentleman from Virginia (Mr. Scott) also has 1 minute
remaining.
Mr. SOUDER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I want to make it clear that this amendment, as did the
amendments in the previous two bills, prohibits any funds from being
used for sectarian worship, instruction or proselytization, including
conditional. It also specifically forbids discrimination with regards
to beneficiaries of services.
I would suggest that, while this is not much time to do this, this
Congress, with 346 votes and with 256 votes, previously passed this,
that the main differences of opinion seem to be on the other side of
the aisle, also with their President and Vice President. And perhaps
what they really need is a conference on their side and at the White
House to discuss their differences.
{time} 0040
This Congress has already spoken twice, and I hope we will speak a
third time in favor of charitable choice.
Mr. Chairman, I include the following for the Record:
[From USA Today, June 1, 1999]
Gore Goes Public With His Faith as He Pushes Church Charity Plan
(By Cathy Lynn Grossman)
Vice President Gore's recent push to expand government
partnerships with religious groups reflects a deep religious
faith not everyone knows about him, he says.
``I don't wear it on my sleeve,'' he told religion writers
in a conversation at the White House on Friday. But, he
added, ``The purpose of life is to glorify God. I turn to my
faith as the bedrock of my approach to any important question
in my life.''
Gore said in a speech May 24 that he wants to expand
``Charitable Choice,'' the 1996 Republican-sponsored
legislation that lets religious groups apply for government
contracts to supply welfare-to-work services. Gore wants to
add programs that combat drug abuse, homelessness and youth
violence.
As the presidential campaign gets under way, the proposal
is a move to the political center for Gore. It is similar to
some ideas long discussed by Texas Gov. George W. Bush, the
front-runner for the Republican nomination. And, as Gore's
strategists worry about whether he carries a taint from
Clinton administration scandals, it is a way to showcase his
commitment to his faith and religious values.
The Interfaith Alliance, a coalition of religious groups
that often sides with the administration, raised concerns
that involving religious groups in government programs could
lead to regulation of those groups.
Barry Lynn, director of Americans United for Separation of
Church and State, is skeptical about a requirement that
churches separate their social services from their religious
services. ``I don't think there's any way you can give funds
to a church and tell them they cannot use them for
evangelism,'' Lynn says.
Gore avoids the word ``evangelism'' as he reiterates the
Charitable Choice rules: Faith-based groups are not allowed
to proselytize or require religious participation or
commitment from clients, and comparable, nonreligious
services must be available in the area.
Despite the objections, Gore sees a broad social consensus
recognizing the value of faith in guiding people's lives.
``This is not any great blinding insight from moi,'' he
joked.
Asked how his beliefs affect his life, Gore first responded
by reading rapidly from the final page of his 1992 book Earth
in the Balance: Ecology and the Human Spirit: ``My own faith
is rooted in the unshakable belief in God as creator and
sustainer, a deeply personal interpretation of, and
relationship with, Christ.''
Asked again, he lists his churchgoing Southern Baptist
childhood, education in an elite Episcopal school, a year in
a seminary after service in Vietnam and a life of reading
religious philosophers.
Gore is known as a champion of science, but he sees no
separation between his cerebellum and his soul: ``You can
have the Earth circle around the sun and still believe in
God.''
____
[From Brookings Institution, Brookings Review, Mar. 22, 1999]
No Aid to Religion?
(Ronald J. Unruh and Heidi Rolland)
As government struggles to solve a confounding array of
poverty-related social problems--deficient education, un- and
underemployment, substance abuse, broken families,
substandard housing, violent crime, inadequate health care,
crumbling urban infrastructures--it has turned increasingly
to
[[Page H4463]]
the private sector, including a wide range of faith-based
agencies. As described in Stephen Monsma's When Sacred and
Secular Mix, public funding for nonprofit organizations with
a religious affiliation is surprisingly high. Of the faith-
based child service agencies Monsma surveyed, 63 percent
reported that more than 20 percent of their budget came from
public funds
Government's unusual openness to cooperation with the
private religious sector arises in part from public
disenchantment with its program, but also from an
increasingly widespread view that the nation's acute social
problems have moral and spiritual roots. Acknowledging that
social problems arise both from unjust socioeconomic
structures and from misguided personal choices, scholars,
journalists, politicians, and community activists are calling
attention to the vital and unique role that religious
institutions play in social restoration.
Though analysis of the outcomes of faith-based social
services is as yet incomplete, the available evidence
suggests that some of those services may be more effective
and cost-efficient than similar secular and government
programs. One oft-cited example is Teen Challenge, the
world's largest residential drug rehabilitation program, with
a reported rehabilitation rate of over 70 percent--a vastly
higher success rate than most other programs, at a
substantially lower cost. Multiple studies identify religion
as a key variable in escaping the inner city, recovering from
alcohol and drug addiction, keeping marriage together, and
staying out of prison.
the new cooperation and the courts
Despite this potential, public-private cooperative efforts
involving religious agencies have been constrained by the
current climate of First Amendment interpretation. The ruling
interpretive principle on public funding of religious
nonprofits--following the metaphor of the wall of
separation between church and state, as set forth in
Everson v. Board of Education (1947)--is ``no aid to
religion.'' While most court cases have involved funding
for religious elementary and secondary schools, clear
implications have been drawn for other types of
``pervasively sectarian'' organizations. A religiously
affiliated institution may receive public funds--but only
if it is not too religious.
Application of the no-aid policy by the courts, however,
has been confusing. The Supreme Court has provided no single,
decisive definition of ``pervasively sectarian'' to determine
which institutions qualify for public funding, and judicial
tests have been applied inconsistently. Rulings attempting to
separate the sacred and secular aspects of religiously based
programs often appear arbitrary from a faith perspective, and
at worst border on impermissible entanglement. As a result of
this legal confusion, some agencies receiving public funds
pray openly with their clients, while other agencies have
been banned even from displaying religious symbols. Faith-
based child welfare agencies have greater freedom in
incorporating religious components than religious schools
working with the same population. Only a few publicly funded
religious agencies have been challenged in the courts, but
such leniency may not continue. While the no-aid principle
holds official sway, faith-based agencies must live with the
tension that what the government gives with one hand, it can
take away (with legal damages to boot) with the other. The
lack of legal recourse leaves agencies vulnerable to
pressures from public officials and community leaders to
secularize their programs.
The Supreme Court's restrictive rulings on aid to religious
agencies stand in tension with the government's movement
toward grater reliance on private sector social initiatives.
If the no-aid principle were applied consistently against all
religiously affiliated agencies now receiving public funding,
government administration of social services would face
significant setbacks. This ambiguous state of affairs for
public-private cooperation has created a climate of mistrust
and misunderstanding, in which faith-based agencies are
reluctant to expose themselves to risk of lawsuits, civic
authorities are confused about what is permissible, and
multiple pressures push religious organizations into hiding
or compromising their identity, while at the same time, many
public officials and legislators are willing to look the
other way when faith-based social service agencies include
substantial religious programming.
Fortunately, an alternative principle of First Amendment
interpretation, which Monsma identifies as the ``equal
treatment'' strain, has recently been emerging in the Supreme
Court. This line of reasoning--as in Widmar v. Vincent (1981)
and Rosenberger v. Rector (1995)--holds that public access to
facilities or benefits cannot exclude religious groups.
Although the principle has not yet bet applied to funding for
social service agencies, it could be a precedent for
defending cooperation between government and faith-based
agencies where the offer of funding is available to any
qualifying agency.
The section of the 1996 welfare reform law known as
Charitable Choice paves the way for this cooperation by
prohibiting government from discriminating against nonprofit
applicants for certain types of social service funding
(whether by grant, contract, or voucher) on the basis of
their religious nature. Charitable Choice also shields faith-
based agencies receiving federal funding from governmental
pressures to alter their religious character--among other
things assuring their freedom to hire staff who share
their religious perspective. Charitable Choice prohibits
religious nonprofits from using government funds for
``inherently religious'' activities--defined as
``sectarian worship, instruction, or proselytization''--
but allows them to raise money from nongovernment sources
to cover the costs of any such activities they choose to
integrate into their program. Clearly, Charitable Choice
departs from the dominant ``pervasively sectarian''
standard for determining eligibility for government
funding, which has restricted the funding of thoroughly
religious organizations. It makes religiosity irrelevant
to the selection of agencies for public-private
cooperative ventures and emphasizes instead the public
goods to be achieved by cooperation. At the same time,
Charitable Choice protects clients' First Amendment rights
by ensuring that services are not conditional on religious
preference, that client participation in religious
activities is voluntary, and that an alternative
nonreligious service provider is available.
the first amendment and the case for charitable choice
Does Charitable Choice violate the First Amendment's non-
establishment and free exercise clauses?
We think not. As long as participants in faith-based
programs freely choose those programs over a ``secular''
provider and may opt out of particular religious activities
within the program, no one is coerced to participate in
religious activity, and freedom of religion is preserved. As
long as government is equally open to funding programs rooted
in any religious perspective whether Islam, Christianity,
philosophic naturalism, or no explicit faith perspective--
government is not establishing or providing preferential
benefits to any specific religion or to religion in general.
As long as religious institutions maintain autonomy over such
crucial areas as program content and staffing, the integrity
of their separate identity is maintained. As long as
government funds are exclusively designated for activities
that are not inherently religious, no taxpayer need fear that
taxes are paying for religious activity. While Charitable
Choice may increase interactions between government and
religious institutions, these interactions do not in
themselves violate religious liberty. Charitable Choice is
designed precisely to discourage such interactions from
leading to impermissible entanglement or establishment of
religion.
Not only does Charitable Choice not violate proper church-
state relations, it strengthens First Amendment protections.
In the current context of extensive government funding for a
wide array of social services, limiting government funds to
allegedly ``secular'' programs actually offers preferential
treatment to one specific religious worldview.
In setting forth this argument, we distinguish four types
of social service providers. First are secular providers who
make no explicit reference to God or any ultimate values.
People of faith may work in such an agency--say, a job
training program that teaches job skills and work habits--but
staff use only current techniques from the social and medical
sciences without reference to religious faith. Expressing
explicit faith commitments of any sort is considered
inappropriate.
Second are religiously affiliated providers (of any
religion) who incorporate little inherently religious
programming and rely primarily on the same medical and
social science methods as a secular agency. Such a program
may be provided by a faith community and a staff with
strong theological reasons for their involvement, and
religious symbols and a chaplain may be present. A
religiously affiliated job training program might be
housed in a church, and clients might be informed about
the church's religious programs and about the availability
of a chaplain's services. But the content of the training
curriculum would be very similar to that of a secular
program.
Third are exclusively faith-based providers whose programs
rely on inherently religious activities, making little or no
use of techniques from the medical and social sciences. An
example would be a prayer support group and Bible study or
seminar that teaches biblical principles of work for job-
seekers.
Fourth are holistic faith-based providers who combine
techniques from the medical and social sciences with
inherently religious components such as prayer, worship, and
the study of sacred texts. A holistic job training program
might incorporate explicitly biblical principles into a
curriculum that teaches job skills and work habits, and
invite clients to pray with program staff.
Everyone agrees that public funding of only the last two
types of providers would constitute government establishment
of religion. But if government (because of the ``no aid to
religion'' principle) funds only secular programs, is this a
properly neutral policy?
Not really, for two reasons. First, given the widespread
public funding for private social services, if government
funds only secular programs, it puts all faith-based programs
at a disadvantage. Government would tax everyone--both
religious and secular--and then fund only allegedly secular
programs. Government-run or government-funded programs would
be competing in the same fields with faith-based programs
lacking access to such support.
Second, secular programs are not religiously neutral.
Implicitly, purely ``secular''
[[Page H4464]]
programs convey the message that nonreligious technical
knowledge and skills are sufficient to address social
problems such as low job skills and single parenthood.
Implicitly, they teach the irrelevance of a spiritual
dimension to human life. Although secular programs may not
explicitly uphold the tenets of philosophical naturalism and
the belief that nothing exists except the natural order,
implicitly they support such a worldview. Rather than being
religiously neutral, ``secular'' programs implicitly convey a
set of naturalistic beliefs about the nature of persons and
ultimate reality that serve the same function as religion.
Vast public funding of only secular programs means massive
government bias in favor of one particular quasi-religious
perspective--namely, philosophical naturalism.
Religiously affiliated agencies (type two), which have
received large amounts of funding in spite of the ``no aid to
religion'' principle, pose another problem. These agencies
often claim a clear religious identity--in the agency's
history or name, in the religious identity and motivations of
sponsors and some staff, in the provision of a chaplain, or
in visible religious symbols. By choice or in response to
external pressures, however, little in their program content
and methods distinguishes many of these agencies from their
fully secular counterparts. Prayer, spiritual counseling,
Bible studies, and invitations to join a faith community are
not featured; in fact most such agencies would consider
inherently religious activities inappropriate to social
service programs.
Millions of public dollars have gone to support the social
service programs of religiously affiliated agencies. There
are three possible ways to understand this apparent potential
conflict with the ``no aid to religion'' principle. Perhaps
these agencies are finally only nominally religious, and in
fact are essentially secular institutions, in which case
their religious sponsors should be raising questions. Or
perhaps they are more pervasively religious than they have
appeared to government funders, in which case the government
should have withheld funding.
The third explanation may be that these agencies are
operating with a specific, widely accepted worldview that
holds that people may need God for their spiritual well-
being, but that their social problems can be addressed
exclusively through medical and social science methods.
Spiritual nurture, in this worldview, is important in its
place, but has no direct bearing on achieving public goods
like drug rehabilitation or overcoming welfare dependency.
Such a worldview acknowledges the spiritual dimension of
persons and the existence of a transcendent realm outside of
nature. But it also teaches (whether explicitly or
implicitly) a particular understanding of God and persons, by
addressing people's social needs independently of their
spiritual nature. By allowing aid to flow only to the
religiously affiliated agencies holding this understanding,
government in effect has given preferential treatment to a
particular religious worldview.
Holistic faith-based agencies (type four), on the other
hand, operate on the belief that no area of a person's life--
whether psychological, physical, social, or economic--can be
adequately considered in isolation from the spiritual.
Agencies operating out of this worldview consider the
explicitly spiritual components of their programs--used in
conjunction with conventional, secular social service
methods--as fundamental to their ability to achieve the
secular social goals desired by government. Government has in
the past considered such agencies ineligible for public
funding, though they may provide the same services as their
religiously affiliated counterparts.
Some claim that allowing public funds to be channeled
through a holistic religious program would threaten the First
Amendment, while funding religiously affiliated agencies does
not. But the pervasively sectarian standard has also
constituted a genuine, though more subtle, establishment of
religion, because it supports one type of religious worldview
while penalizing holistic beliefs. It should not be the place
of government to judge between religious worldviews--but this
is what the no-aid principle has required the courts to do.
Selective religious perspectives on the administration of
social services are deemed permissible for government to aid.
Those who believe that explicitly religious content does not
play a central role in addressing social problems are free to
act on this belief with government support; those who believe
that spiritual nurture is an integral aspect of social
transformation are not.
The alternative is to pursue a policy that discriminates
neither against nor in favor of any religious perspective.
Charitable Choice enables the government to offer equal
access to benefits to any faith-based nonprofit, as long as
the money is not used for inherently religious activities and
the agency provides the social benefits desired by
government. Charitable Choice does not ask courts to decide
which agencies are too religious. It clearly indicates the
types of ``inherently religious'' activities that are off-
limits for government funding. The government must
continue to make choices about which faith-based agencies
will receive funds, but eligibility for funding is to be
based on an agency's ability to provide specific public
goods, rather than on its religious character. Charitable
Choice moves the focus on church-state interactions away
from the religious beliefs and practices of social service
agencies, and onto the common goals of helping the poor
and strengthening the fabric of public life.
A model for change
Our treasured heritage of religious freedom demands caution
as we contemplate new forms of church-state cooperation--but
caution does not preclude change, if the benefits promise to
outweigh the dangers. Indeed, change is required if the
pervasively sectarian standard is actually biased in favor of
some religious perspectives and against others.
For church and state to cooperate successfully, both must
remain true to their roles and mission. Religious
organizations must refrain from accepting public funds if
that means compromising their beliefs and undermining their
effectiveness and integrity. Fortunately, Charitable Choice
allows faith-based agencies to maintain their religious
identity, while expanding the possibilities for constructive
cooperation between church and state in addressing the
nation's most serious social problems.
____
[From the Georgetown Journal, Winter, 1997]
Charitable Choice: Texas and the Charitable Choice Provision of the
Personal Responsibility and Work Opportunity Act of 1996
(Lillemor McGoldrick)
(Summary: * * * In Texas, contracting with faith-based
organizations to provide social services is nothing new. . .
. For example, at the Texas Department of Human Services
(TDHS) approximately 10% of all contracts for delivery of
services to clients are already with faith-based
organizations * * * One of the primary barriers to working
with faith-based organizations is the common perception that,
by either contracting with the state or accepting publicly
funded vouchers, the faith-based group will have to sacrifice
aspects of its religious integrity. . . . TDHS has held many
local town meetings to encourage partnerships with smaller,
locally-based charities, examined its contract language for
potential bias and barriers, assessed its current contracts,
and worked to connect grassroots organizations with one
another. . . . While the effect of the new laws and agency
efforts to promote Charitable Choice in Texas is not yet
measurable, the intent is clear. Texas is embracing its
tradition of working with faith-based organizations to help
those in need receive assistance. Depending on who you talk
to, this could be a partnership made in . . . . well,
Heaven.)
In Texas, contracting with faith-based organizations to
provide social services is nothing new. Well before the
Charitable Choice provision of the Personal Responsibility
and Work Opportunity Act of 1996 was introduced, Texas has
been making the choice to involve faith-based social service
providers in its welfare system. For example, at the Texas
Department of Human Services (TDHS) approximately 10% of all
contracts for delivery of services to clients are already
with faith-based organizations. In some categories of
contracts, this number has consistently been much higher.
Forty percent of contracts for Refugee Assistance programs,
and 50% of contracts for Repatriation programs, are with
faith-based vendors. While the recent Charitable Choice
provision did not introduce Texas to a new way of looking at
social service distribution, it did emphasize the need to
pursue and nurture new and existing partnerships with faith-
based groups and to renew Texas' commitment to work with
these organizations.
On December 17, 1996, in direct response to both the
Charitable Choice provision and the release of the Governor's
Task Force on Faith-Based Community Service Group Report,
Faith in Action, Texas Governor George W. Bush, Jr. issued an
Executive Order directing state agencies to take affirmative
steps to use faith-based organizations to provide welfare-
related services. The Governor, asserting that ``government
does not have a monopoly on compassion,'' encouraged state
agencies to welcome the participation of faith-based
organizations in the distribution of welfare-related care. At
the TDHS, the response was immediate. On January 30, 1997,
the TDHS Charitable Choice Workgroup was formed to assess the
current status of TDHS contracts and faith-based groups, to
identify barriers to contracting with these groups, and to
recommend the most effective ways to fully implement
Charitable Choice. Less than four months later, on April 9,
1997, the TDHS Workgroup hosted the Statewide Working
Conference on Charitable Choice, which was attended by over
200 individuals from faith-based, community and state
organizations.
From its own investigations and from input received at the
Statewide Conference, the Charitable Choice Workgroup
promulgated recommendations to ensure that no real or
perceived barriers exist that could discourage faith-based
organizations from working with the state in the distribution
of social services. One of the primary barriers to working
with faith-based organizations is the common perception that,
by either contracting with the state or accepting publicly
funded vouchers, the faith-based group will have to sacrifice
aspects of its religious integrity. The Charitable Choice
Workgroup has sought to assure faith-based organizations that
religious social service providers are not required to
secularize their programs when working with state agencies.
TDHS has held many local town meetings to encourage
partnerships with smaller, locally-based charities, examined
its contract language for
[[Page H4465]]
potential bias and barriers, assessed its current contracts,
and worked to connect grassroots organizations with one
another.
In June 1997, Governor Bush further promoted Charitable
Choice by signing four bills into law that encourage
religious organizations to provide welfare-related social
services to needy Texans by quelling fears that the presence
of state money will destroy the religious mission of faith-
based organizations. One of the new laws authorizes the
private accreditation of religious childcare centers, so that
these childcare centers do not have to be licensed by the
state. The accrediting agency does, however, have to be
approved by the State Department of Protective and Regulatory
Services. Another law encourages prisons, juvenile detention
centers and law enforcement agencies to use the services of
faith-based organizations in rehabilitation programs. The
Governor also signed a bill exempting chemical dependency
programs run by religious groups from state licensure and
regulations. The final law provides legal immunity to
individuals who donate medical supplies and equipment to
nonprofit medical providers.
While the effect of the new laws and agency efforts to
promote Charitable Choice in Texas is not yet measurable, the
intent is clear. Texas is embracing its tradition of working
with faith-based organizations to help those in need receive
assistance. Depending on who you talk to, this could be a
partnership made in * * * well, Heaven.
____
[From the Georgetown Journal, Winter, 1997]
Charitable Choice: Maryland's Implementation of the Charitable Choice
Provision: The Story of One Woman's Success
(James D. Standish)
(Summary: . . . As ``charitable choice'' funding has become
available, faith-based welfare-to-work programs have had to
make difficult choices. . . . While the church community has
been generous in its support of these charitable efforts,
Payne Memorial was the first faith-based program in Maryland
to apply for state funding under the charitable choice
program. . . . One of the first clients to benefit from
Maryland's charitable choice program was Marsha Beckwith. . .
. The staff at Payne even assisted her in setting up
interviews. . . . Despite these concerns, Maryland is
committed to charitable choice as part of its overall effort
to decentralize welfare-to-work programs. Connie Tolbert, a
spokesperson for the Maryland Department of Human Resources,
says that Governor Parris Glendening is very enthusiastic
about the charitable choice program. . . . Because Maryland's
goal is to place the administration of the charitable choice
program at the local level, the State divides the federal
grant into mini-block grants to each county which then
decides how best to use the money. . . . According to Ms.
Tolbert, charitable choice funding helped the State to meet
the federally mandated goal of getting 25% of its base year
welfare recipients employed or into work training by the end
of 1997. . . .
Jonathan Friedman's Note, ``The Charitable Choice Provision
of the Federal Welfare Act and the Establishment Clause,''
addresses the many constitutional issues implicated by the
Charitable Choice Provision of the Welfare Act of 1996. Under
the new Welfare Act, Charitable Choice not only permits
states to provide social services through contracts and
voucher arrangements with charitable and religious
organizations, but also allows these organizations to
maintain their religious character while administering social
services.
The following three essays look at Charitable Choice as it
is, or may be, implemented. Through these essays many voices
emerge: the voice of a benefit recipient who receives social
services through a faith-based provider, the voices of
directors of charitable organizations that provide social
services, the voices of states embracing Charitable Choice,
and the voice of a grassroots advocate cautioning against the
Charitable Choice movement. Hopefully, these essays will
provide a fuller understanding of what Charitable Choice
means in practice.)
As ``charitable choice'' funding has become available,
faith-based welfare-to-work programs have had to make
difficult choices. Two such programs in Baltimore, both
working to transfer people from the welfare rolls onto
corporate payrolls, have made different choices. Accepting
state funds under ``charitable choice'' has allowed at least
one organization to create remarkable successes.
The Payne Memorial AME Church has an active ministry
providing food, clothing, emergency loans, child care, and
assistance with job placement to Baltimore's poor residents.
While the church community has been generous in its support
of these charitable efforts, Payne Memorial was the first
faith-based program in Maryland to apply for state funding
under the charitable choice program. According to Marilyn
Akin, the Executive Director of the Payne Memorial Outreach
program, the church's program fits right in with the state
program's goals; ``The state does not know how it [can move
enough] people off welfare . . . to reach its goals. In
addition, everyone has been disappointed with past jobs
programs. There is now a feeling that faith-based
organizations may be able to provide . . . a dimension that
the state programs were unable to provide.''
So far the application and administration process of the
program does not appear to be entangled in bureaucracy. Payne
Memorial's application for funds was less than twenty-five
pages in length, far less burdensome than applications to
other programs with which Ms. Akin has had experience. The
application was sent to the Baltimore City Department of
Social Services, then on to the State Board of Public Works
which approved the proposal. The program operates under a
contract model: the church receives a payment for each person
who finishes the Payne Memorial job training process, an
additional payment for each trainee it places in a community
job for thirteen weeks, and a further payment if the trainee
is still in that job after twenty-six weeks. The only
frustration Ms. Akin reports is the delay between the time
that the church invests in the recruitment and training, and
the time of the payment. As with most charities, she notes,
Payne Memorial does not have a large cash reserve so the time
delay creates cash flow problems.
In sum, however, Ms. Akin and the church staff are very
excited about the program. They view it as one more way in
which the church can achieve its mission of helping those in
need, by helping people who cannot be effectively served by
any government program. The charitable choice funds have
enabled the program to expand dramatically in size. Denise
Harper, Assistant Director of the program, notes that
although church members have invested an impressive $150,000
in the program to date, this amount is dwarfed by Payne's
$1.5 million, two-year contract with the state.
One of the first clients to benefit from Maryland's
charitable choice program was Marsha Beckwith. Ms. Beckwith
came to Payne Memorial after completing another faith-based
program. She had spent five years on public assistance, and
needed help in moving back into the work world when a friend
told her about the new program at Payne Memorial AME Church.
Although the program was so new that no one at the social
services office knew about it, Ms. Beckwith managed to obtain
a referral and enrolled in the program.
Ms. Beckwith knew she needed to improve her skills,
especially her computer skills, in order to re-enter the
workforce. The program at Payne not only gave her computer
instruction, but also provided her with instruction on how to
approach the job search process, on how to behave on the job,
and general training related to the workplace and the type of
self-discipline necessary to find and keep a job. The staff
at Payne even assisted her in setting up interviews. Ms.
Beckwith interviewed with a dean at Johns Hopkins University,
explained Payne Memorial's program, and noted that she was
its first graduate. The dean was enthusiastic about the Payne
Memorial program and Ms. Beckwith's success. In offering her
the job, the dean commented that Marsha would have to ``set
an example of what graduates of the program can do in the
workplace.'' Ms. Beckwith has now been working for over two
months at Johns Hopkins University, and is setting just the
type of example the people at Payne hoped for. Not only is
her work progressing well, but she now also volunteers at
Payne, helping and encouraging others who are going though
the process she has completed. She is pleased that she can be
a role model, but gives the credit to God.
Before enrolling at Payne, Ms. Beckwith had gone through a
Christian rebirth. ``I had strayed away from God, but He
directed me to Payne Memorial. He has opened many doors for
me. It has not been easy, but I always know who to call
now,'' she says. She is emphatic, however, that the program
at Payne does not push religion on its participants. ``I
benefited from the faith-based principles. But many of the
clients are worldly people with little religious interest. .
. . Religion isn't pushed on you at Payne--faith is there if
you want it. But you can go through the program without being
a Christian. As Payne receives state money, they can't force
the religion on clients.'' She notes that some participants
may feel uncomfortable with the standards of the program,
though, which include strict dress requirements and a ban on
the use of profanity.
Ms. Beckwith's story may help others make the transition
from welfare to work more easily. She has been asked by the
Transportation Research Board, a think-tank based in
Washington, D.C., to participate in a conference on the
transportation problems faced by people seeking to leave the
welfare rolls. It is an issue with which Ms. Beckwith is
intimately familiar; she presently takes eleven buses twice a
week to get to work, visit her church and assist at Payne.
Waiting for buses eats up much of her day. The wasted time
and the cost of public transportation are problems facing
many people who attempt to join the workforce.
While the staff at Payne Memorial are very encouraged by
Ms. Beckwith's story, they realistically note that she is an
exceptionally motivated participant. It is unclear how many
more clients will share Ms. Beckwith's success, but as
welfare funding and availability are reduced, Ms. Beckwith's
success story will need to be replicated thousands of times.
The ability of welfare participants and organizations like
Payne Memorial to ensure this replication is speculative at
best, particularly if the economy declines in the future. But
for now, this one woman's remarkable transition to
independence provides hope that charitable choice can help to
break the pattern of welfare dependency.
Despite the positive experience of Payne Memorial, not all
faith-based providers are ready to take the plunge into state
funding. Genesis Jobs is a multi-faith organization
[[Page H4466]]
that specializes in training unemployed people and placing
them in jobs. Emily Thayer, Director of the program, says
that Genesis Jobs has not applied for any state funding.
``When we look for funding,'' she states, ``we look for
support from private donors. We have had fifteen other
organizations call us to ask whether we would partner with
them in their application for the charitable choice funding.
We have agreed to help them, but we are not looking for any
funds ourselves.'' Ms. Thayer acknowledges, though, that the
new charitable choice provisions open the door to public
funding for organizations like hers. ``Until now, if we were
faith-based, the government had an allergy to us . . . this
releases us from the bondage of never taking public funds.''
Ms. Thayer's reasons for staying away from state funds are
practical. The extra funds would boost an organization
attempting the mammoth task of meeting the needs of
Baltimore's unemployed, but state funds come with strings
attached. ``We simply don't have the resources to make the
grant applications. Maybe more importantly, with any state
program, there are always compliance issues,'' she notes.
With only five full-time employees at Genesis Jobs, it is not
surprising that Ms. Thayer is unwilling to divert staff
attention to the application process, and to ensuring
compliance with program rules that may constantly be in flux.
She also feels that focusing the attention of her small
organization on applying to governmental programs and
complying with their regulations will dim its focus on moving
people from welfare into work. She states simply ``We're here
to do what government can't.'' For Genesis Jobs, that means
relying exclusively on funding from the private sector.
Along with the practical difficulties of accepting state
funds, there are concerns that the use of state dollars to
support church-based organizations will blur the separation
of church and state. In time, state funding may corrupt
churches that become dependent on state money, and may draw
religious groups into politics to ensure that the money
supply does not disappear. Churches that take state money may
need to make difficult choices down the road, either to
reduce dramatically their social programs, or to compromise
their religious beliefs to accommodate state regulations.
Critics of charitable choice also point to examples of
churches being forced to rename their programs, or to turn
pictures of Jesus to face the wall, as evidence that state
regulations may force programs to compromise their religious
convictions. But proponents of charitable choice insist that
with the new law, and with a new appreciation for what
church-based programs can do for welfare recipients, states
will accommodate some religious expression in government-
funded programs.
Despite these concerns, Maryland is committed to charitable
choice as part of its overall effort to decentralize welfare-
to-work programs. Connie Tolbert, a spokesperson for the
Maryland Department of Human Resources, says that Governor
Parris Glendening is very enthusiastic about the charitable
choice program. ``In the past,'' she notes, ``we've never
really placed any expectation on welfare recipients. The
churches are in the communities, they know the welfare
recipients and they are able to work with them. By partnering
with these community based programs, we can be much more
effective.'' Because Maryland's goal is to place the
administration of the charitable choice program at the local
level, the State divides the federal grant into mini-block
grants to each county which then decides how best to use the
money. Along with providing for job development centers, like
the one run by Payne Memorial, charitable choice funds are
being used by church-based groups to administer child-
specific state benefits and transitional-support benefits.
According to Ms. Tolbert, charitable choice funding helped
the State to meet the federally mandated goal of getting 25%
of its base year welfare recipients employed or into work
training by the end of 1997. By October 1997, the state had
already reduced its welfare rolls by 36%. Despite the
controversy and practical hurdles, charitable choice seems to
offer a new hope to Maryland's policy-makers and its poor.
Whether that hope will be fulfilled remains to be seen.
Mr. SCOTT. Mr. Chairman, I yield myself such time as I may consume.
I would ask the gentleman from Indiana if the legislative intent is
to overturn the present state of Supreme Court law or to read this
amendment in the light of the present state of the Supreme Court law in
terms of pervasively sectarian programs.
Mr. SOUDER. Mr. Chairman, will the gentleman yield?
Mr. SCOTT. I yield to the gentleman from Indiana.
Mr. SOUDER. Mr. Chairman, I want to confess up front that I do not
understand all the details and implications of what the gentleman is
saying.
Mr. SCOTT. Mr. Chairman, my question is whether the gentleman wants
this amendment read under the present state of the Supreme Court
interpretations or whether the amendment is designed to try to overturn
Supreme Court decisions in funding religious organizations.
Mr. SOUDER. The amendment speaks for itself, and that will obviously
be determined by who this administration and others would make the
grants to, and their potential would be challenges if, in fact, people
believe it is not within the current interpretations of the Supreme
Court.
Mr. SCOTT. Mr. Chairman, I yield back the balance of my time.
Mr. EDWARDS. Mr. Chairman, considering the important nature of this
issue, I ask unanimous consent that we be allowed an additional 30
minutes to try to answer the questions that the author of the amendment
just said he could not?
The CHAIRMAN pro tempore (Mr. LaHood). Is there objection to the
request of the gentleman from Texas?
Mr. SOUDER. Mr. Chairman, I object.
The CHAIRMAN pro tempore. Objection is heard.
The question is on the amendment offered by the gentleman from
Indiana (Mr. Souder).
The question was taken; and the Chairman pro tempore announced that
the ayes appeared to have it.
Mr. SCOTT. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN pro tempore. Pursuant to House Resolution 209, further
proceedings on the amendment offered by the gentleman from Indiana (Mr.
Souder) will be postponed.
It is now in order to consider Amendment No. 30 printed in part A of
House Report 106-1-86.
Amendment No. 30 Offered by Mr. Souder
Mr. SOUDER. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A amendment No. 30 offered by Mr. Souder:
At the end of the bill, add the following (and make such
technical and conforming changes as may be appropriate):
SEC. 3. NONDISCRIMINATION BASED ON RELIGIOUS OR MORAL
BELIEFS.
The Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5601 et seq.) is amended by inserting before title
III the following:
``nondiscrimination based on religious or moral beliefs
``Sec. 299J. None of the funds appropriated to carry out
this Act may be used, directly or indirectly, to discriminate
against, denigrate, or otherwise undermine the religious or
moral beliefs of juveniles who participate in programs for
which financial assistance is provided under this Act or of
the parents or legal guardians of such juveniles.''.
The CHAIRMAN pro tempore. Pursuant to House Resolution 209, the
gentleman from Indiana (Mr. Souder) and a Member opposed each will
control 10 minutes.
The Chair recognizes the gentleman from Indiana (Mr. Souder).
Mr SOUDER. Mr. Chairman, I yield myself such time as I may consume.
(Mr. SOUDER asked and was given permission to revise and extend his
remarks.)
Mr. SOUDER. Mr. Chairman, this amendment is very straightforward and
simple, speaks for itself. My amendment reads simply:
None of the funds appropriated to carry out this act may be used
directly or indirectly to discriminate against, denigrate or otherwise
undermine the religious or moral beliefs of juveniles who participate
in programs for which financial assistance is provided under this act
or of the parents or legal guardians of such juveniles.
I believe that we have had cases that are marginal and difficult to
sort through, but that in our enthusiasm to fix some problems often we
go to the other extreme, and in the case of the juvenile justice bill,
some programs designed to reduce the potential for youth violence by
promoting tolerance have the effect of undermining the religious
beliefs of children and their parents. Sometimes the promotion of
tolerance overrides the religious beliefs of students and their
parents. Instead of merely encouraging people of all backgrounds and
preferences to get along in a civil society, the programs attempt to
actually change the moral beliefs that are taught at home. My amendment
protects the religious freedom of young people and their parents or
guardians by simply stating that none of the funds used to carry out
this act may be used to discriminate against or otherwise undermine the
participant's religious beliefs.
[[Page H4467]]
I also want to thank the gentleman from Pennsylvania (Mr. Greenwood),
and the gentleman from Virginia (Mr. Scott) and the gentleman from
Pennsylvania (Mr. Goodling), who have worked for the past month to try
to work out compromise language. I am not unhappy with the compromise
language we have. I reserve my right to offer an amendment, which I
have. I believe that the compromise that is in the base bill is an
acceptable compromise. I believe this is a little more direct, and that
is why I offer this amendment.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN pro tempore. Is the gentleman from Virginia opposed to
the amendment?
Mr. SCOTT. Mr. Chairman, I am opposed to the amendment and claim the
time in opposition.
The CHAIRMAN pro tempore. The Chair recognizes the gentleman from
Virginia.
Mr. SCOTT. Mr. Chairman, I yield 2 minutes to the gentleman from New
Jersey (Mr. Payne).
(Mr. PAYNE asked and was given permission to revise and extend his
remarks.)
Mr. PAYNE. Mr. Chairman, allow me to speak briefly on my opposition
to this amendment.
``The Office of Juvenile Justice and Delinquency Prevention from
producing literature which would discriminate against, denigrate or
otherwise undermine the religious or moral beliefs of any juvenile or
adult in the programs authorized in this bill'' is certainly just
simply too broad and too vague, it is too equivocal. The nature of this
amendment could be construed to admit any category, race, religion,
gender, sexual orientation from inclusion in hate crimes. At a time
when violence against gays and minorities is becoming more frequent
there is no place for benign legislation. We must have strong and
direct legislation in an effort to rid our Nation of hate crimes.
And I would also like to say that I add my remarks regarding the
previous amendment that undermines the major precepts that our Nation
was founded on, the separation of church and state. The previous
amendment seeks to incorporate religion into our justice system. Both
of these entities have distinct places in our society and are not to be
combined. Religious freedom is a core of our Nation and must be
preserved at all costs. Charitable choice is simply going to be
divisive.
With that I express my opposition to both of these amendments.
Mr. SOUDER. Mr. Chairman, I reserve the balance of my time.
Mr. SCOTT. Mr. Chairman, I yield 3 minutes to the gentleman from
Pennsylvania (Mr. Goodling).
(Mr. GOODLING asked and was given permission to revise and extend his
remarks.)
Mr. GOODLING. Mr. Chairman, someone will say, ``But, Bill, tomorrow
morning at 8 o'clock you will be in the Congressional prayer breakfast.
How can you oppose this amendment?''
Mr. Chairman, the reason I oppose this amendment is because, God
willing, I will be in the Congressional prayer breakfast tomorrow
morning, and my religion tells me that when we make an agreement,
whether it is with the minority or with anyone else, it is a good faith
arrangement, and if it is going to be broken, then I should have the
opportunity to tell the minority as a matter of fact before their
opportunity to offer amendments is precluded because they are not
printed in the Record.
I understand that apparently this was going to be made in order by
somebody a week ago. Well, if that is true, then I should have had the
courtesy of knowing so I could tell the minority that what we agreed to
in good faith is now broken. Therefore they should go and offer all
their amendments.
What the minority agreed to was that they would not offer gun
language, they would not offer hate language, if as a matter of fact we
settled on something that the gentleman from Pennsylvania (Mr.
Greenwood) and the gentleman from Virginia (Mr. Scott) agreed to and I
modified which said materials produced or distributed using funds
appropriated to carry out this act for the purpose of preventing hate
crime should be respectful of the diversity of deeply held religious
beliefs and shall make it clear that for most people religious faith is
not associated with prejudice and intolerance.
That is what they agreed to, and, as I said, my religion tells me
that I should be here right at this particular time opposing this
amendment because we are breaking an agreement that we had with the
minority in the committee. I cannot operate a committee that way. I
have to lose all my respect on either side of the aisle if, as a matter
of fact, I do not keep my word.
So I would ask everyone to oppose the amendment simply because we are
breaking faith with an agreement that we negotiated in good faith.
Mr. SOUDER. Mr. Chairman, I reserve the balance of my time. We had a
number of speakers earlier in the day, but at this point I have no
additional speakers, but I reserve the balance because I may want to
talk.
Mr. SCOTT. Mr. Chairman, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Greenwood).
Mr. GREENWOOD. Mr. Chairman, among the allowable uses of funds of the
Juvenile Justice Act are funds that can be used to create programs to
prevent hate crimes, to prevent crimes that are based on prejudice. It
is a good program. The Federal Government, the Office of Juvenile
Justice and Delinquency Prevention, contracted with an organization to
create a curriculum, and some of my friends in the various religious
communities looked at some of that curriculum, and they said, ``You
know, we think they went a little bit too far. In this curriculum they
were meant to say that there are ways that religious organizations can
become intolerant and promote intolerance, and it appeared to some that
that curriculum was generalizing in a way that some folks felt offended
by, as if religion implied some kind of intolerance and bias.
{time} 0050
So I worked very hard with the Traditional Values Coalition, with the
gentleman from Indiana (Mr. Souder) and with the gentleman from
Pennsylvania (Mr. Goodling) and with my good friend, the gentleman from
Virginia (Mr. Scott), and we crafted language, language in the Goodling
amendment that we will offer tomorrow. It has been accepted by the
Republican side, it has been accepted by the Democratic side, and it
has been accepted by the administration. It is only marginally
different than the language that the gentleman from Indian (Mr. Souder)
offers, and the gentleman is gracious in his comments to acknowledge
that.
Mr. Chairman, we think that we need a ``no'' vote on this Souder
amendment tomorrow, because we think that eliminating that amendment
and taking the agreed-to language to conference is the simplest and
most direct way to resolve this very contentious issue, and so we will
be asking Members on both sides of the aisle tomorrow to vote in the
negative.
Mr. SCOTT. Mr. Chairman, I yield 2 minutes to the gentleman from New
York (Mr. Nadler).
Mr. NADLER. Mr. Chairman, this amendment is an impossible amendment
to know what it means or to enforce. It says, no funds should be used
directly or indirectly to discriminate against, denigrate, or otherwise
undermine the moral beliefs of juveniles who participate in these
programs. Who knows what the religious or moral beliefs of the
juveniles that participate in these programs are.
When I went to school, I was taught the Declaration of Independence
in school, that all men are created equal. I was taught that we should
not discriminate on the basis of race, creed, color or sex, and that we
should not denigrate other people because of their religious views. The
Reverend Louis Farrakhan says that whites are devils and that Judaism
is gutter religion. Suppose adherents of his religion are juveniles
that participate in these programs. Are we to use funds that would
undermine their beliefs by teaching that all men are created equal,
that we should respect each other because his adherents are among those
who participate in these programs? That is what this says.
The fact is, it is impossible to know whose beliefs we are offending,
because no one inquires, nor should we inquire, of the beliefs of
juveniles who come into these programs.
So this amendment is simply nonsense in what it says. I do not know,
it
[[Page H4468]]
may have a well-intended purpose, but the way it is written, it is
impossible of enforcement, impossible of understanding, and perverse in
its operation, and ought to be rejected.
Mr. SCOTT. Mr. Chairman, I yield 2 minutes to the gentlewoman from
California (Ms. Waters).
Ms. WATERS. Mr. Chairman, I rise in opposition to this amendment.
I would hope that even if my colleagues on the other side of the
aisle do not agree with those of us who believe that this is a real
infringement, and we believe that it is confusing, and we believe that
this is an attempt by some to get rid of the values that we have built
up dealing with intolerance, et cetera. Just do it because the
gentleman from Pennsylvania (Mr. Goodling) asks you to do it, and he
says that you are breaking faith with Members on this side of the aisle
when you said you would not do this kind of thing.
I too do not know what you mean about the religious beliefs of any
juvenile or adult in the program. I do know that at one time there was
a religion that taught that black people did not have souls. So I do
not know what the gentleman is talking about. He is tinkering with
something that he does not know what he is doing.
I would suggest that the gentleman needs to get out of the business,
number one, of trying to interject religion into government and trying
to get it paid for by government, your teachings, et cetera. I would
suggest that the gentleman back off all of this, because he is placing
us in the kind of situation where there will be confrontation around
these kinds of issues.
I would simply say to my colleagues on the other side of the aisle
that they have gone too far, and they are treading on the dangerous
realm of the unknown and they should not do that. I would hope that my
colleagues would take the wise advice of the gentleman from
Pennsylvania (Mr. Goodling) and drop this amendment this evening.
Mr. SOUDER. Mr. Chairman, I yield myself such time as I may consume.
Let me reiterate here that I am not simply going to stand in front of
this body and say that this is an extremely clear amendment, and it
will obviously go to conference, and we have been working on this
language. But I had an uncomfortability, though I signed off on the
amendment, as to what exactly people were objecting to on this, because
the inverse of this is that one believes that one can discriminate
against, denigrate, and undermine the religious and moral values. I am
not arguing exceptionalism, and I understand the danger here is that
this could protect exceptionalism.
What we are concerned about, many Americans of many different faiths
is that, in fact, there is an overt attempt on a number of very
difficult issues in our society where there has not been a moral
resolution or unlike what has happened in racism, unlike what has
happened with sexual abuse or different things, but where there has not
been resolution to therefore use in the name of neutrality the
imposition of other people's moral views. I do not understand, as I
asked in the hearing, why we have to take a stand and why we cannot say
people morally differ on this, but regardless of one's moral views, one
has no right to harass, to physically assault, to do anything to
denigrate another individual, even if one believes their behavior is
immoral. Because what we need is a civil society that understands and
respects individuals, but we do not need a school system or a society
that undermines those basic principles.
Mr. Chairman, I appreciate, as I said, the negotiations that went on,
and I want to make it clear. I never gave up my right to offer an
amendment, though I did not think my amendment would be made in order,
and we do have some confusion. But I did not break any word in the
process of the negotiations.
Ms. WATERS. Mr. Chairman, will the gentleman yield?
Mr. SOUDER. I yield to the gentlewoman from California.
Ms. WATERS. Mr. Chairman, the gentleman has said that he really does
not know what this amendment does, is that correct?
Mr. SOUDER. Mr. Chairman, I know exactly what the amendment does, but
I agree that it could be falsely interpreted by some people.
Ms. WATERS. Would the gentleman agree that the Constitution of the
United States of America basically protects religious freedom?
Mr. SOUDER. Mr. Chairman, I believe the Constitution was designed to
do that, but it is not currently doing so.
Ms. WATERS. Mr. Chairman, if the gentleman will continue to yield,
does the gentleman believe that if that is what the Constitution is
designed to do, that we should all respect that, not try and rewrite
the Constitution, not try and recreate ways by which we can basically
say some religion is all right, and some is not all right?
Mr. SOUDER. Mr. Chairman, if I could reclaim my time, I absolutely do
not believe we should ever say as a person who grew up in an
evangelical church, and I understand the wall of separation was meant
to protect the evangelicals from a State church. I have no interest in
a State church.
But I also believe that it did not mean to exclude religion from the
public arena, and I view it as trying to reclaim the religious freedom
that our Founding Fathers gave us, not to impose any one sectarian
approach. And, with the diversity of religion in this country, which we
did not necessarily have at the beginning of our Nation to the same
degree, we need to respect that. But part of that respect is to say, we
also have a majority religion that is being stomped on.
Ms. WATERS. Mr. Chairman, if the gentleman would yield to me once
again, would the gentleman agree that if we kept religion out of our
public schools, we would not have this worry? If we followed the intent
of the Constitution for separation of church and state where we were
not in any way teaching, imposing religion on anybody at any time, we
would not have this worry?
Mr. SOUDER. Mr. Chairman, reclaiming my time, there is a difference
between imposing and saying we meant to exclude it. The Founding
Fathers all debated religion at all times. It is a fundamental part of
all of us, and should be. What we should respect is the diversity of
other people's points of view. It was not meant to exclude from the
public arena, or in fact we do have a religion which is secular
humanism.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The gentleman from Virginia (Mr. Scott) has 1 minute
remaining.
Mr. SCOTT. Mr. Chairman, I yield myself the remainder of my time.
We do not need to restate all of the examples of hate crimes that
have been perpetrated over the last few years, or even few weeks and
months. Hate crime prevention programs constitute an allowable use of
the money under the Juvenile Justice Delinquency Prevention Act. We
ought not sabotage the hate crime prevention programs by getting into a
situation where one has to have anyone's religion that believes that
certain groups are not to be respected or to be disrespected, in fact.
That is where some of the hate comes from.
What these programs do is to try to teach people, as the gentleman
from New York mentioned, that people are equal and ought to be
respected. If one's religion tells us something different, we still
ought to be able to have hate crime prevention programs so that we can
reduce the incidence of hate crimes.
Mr. Chairman, I would hope that this amendment would be defeated. We
have language in there that orders us to be respectful of people's
religion, but if we have religions that just hate people, then we ought
to be able to go along with hate crime prevention programs anyway.
{time} 0100
The CHAIRMAN pro tempore. All time has expired on the amendment.
The question is on the amendment offered by the gentleman from
Indiana (Mr. Souder).
The question was taken; and the Chairman pro tempore announced that
the noes appeared to have it.
Mr. SOUDER. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN pro tempore. Pursuant to House Resolution 209, further
proceedings on the amendment offered by the gentleman from Indiana (Mr.
Souder) will be postponed.
Mr. McCOLLUM. Mr. Chairman, I move that the Committee do now rise.
[[Page H4469]]
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
McCollum) having assumed the chair, Mr. LaHood, Chairman pro tempore of
the Committee of the Whole House on the State of the Union, reported
that that Committee, having had under consideration the bill (H.R.
1501) to provide grants to ensure increased accountability for juvenile
offenders, had come to no resolution thereon.
____________________