[Congressional Record Volume 148, Number 61 (Tuesday, May 14, 2002)]
[Senate]
[Pages S4331-S4333]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BURNS:
  S. 2510. A bill to authorize the Secretary of Agriculture to accept 
the donation of certain lands previously disposed of from the public 
domain, together with certain mineral rights on federal land, in the 
Mineral Hill-Crevice Mountain Mining District in the State of Montana, 
to be returned to the United States for management as part of the 
national public lands and forests, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. BURNS. Mr. President, I am pleased to announce the introduction 
of the Mineral Hill Historic Mining District Preservation Act of 2002. 
The purpose of this act is for the Forest Service to accept a donation 
from TVX Mineral Hill, Inc., an inholding of approximately 570 acres of 
private land in the Gallatin National Forest. This inholding overlooks 
the northern entrance of Yellowstone National Park and is within well-
known elk habitat. The donation also includes 194 acres of mineral 
rights underlying Federal lands.
  This bill provides a win-win situation with benefits for the 
community, for wildlife, for the company, and for the environment. 
After a rich and storied history, the Mineral Hill Mine is played out 
and the opportunity to extract minerals has passed. The property is in 
very good condition and is being reclaimed in accordance with a 
reclamation plan approved by the Montana Department of Environmental 
Quality. The Forest Service has been closely involved during the 
reclamation planning and implementation processes to make certain that 
the property will remain in the excellent environmental state it is in 
today. As an added guarantee, the United States will also be the 
beneficiary of a $10 million insurance policy provided by TVX to clean 
up the site in the unlikely event that hazardous materials are 
discovered in the future.
  The Mineral Hill Mine is located in the historic Jardine Mining 
District which was established during the 1860s. Many of the buildings 
at the site go back to that time period. Some of the buildings will be 
preserved for interpretation purposes and will be available to the 
public. In addition, the site will be used in cooperation with Montana 
Tech of the University of Montana for mining and geologic education. 
The Mineral Hill property is being donated by TVX to the Government 
without the necessity of a payment. There will be ongoing permits 
issued by the State of Montana and by EPA for monitoring of water 
discharge. This bill allows for those permits to be upheld and for the 
water processes to be maintained. In a letter to my office dated June 
25, 2001, the Greater Yellowstone Coalition observed that ``we believe 
that there would be no adverse impact to the agency and indeed would be 
a benefit to the public that this donated land is conveyed with the 
obligation to maintain the NPDES permit already in force.'' This is 
exactly what the bill provides in section 11.
  I am pleased to say that this is a bill with the support of all key 
parties. The Forest Service has agreed to the transfer and management 
of the land and has been actively involved in this process. The 
Gardiner Chamber of Commerce supports the project, as do the 
Commissioners of Park County. The Greater Yellowstone Coalition also 
supports the donation. Simply put, this legislation is in the public 
interest. On behalf of the people of Montana, I look forward to its 
passage.
                                 ______
                                 
      By Mr. BIDEN (for himself and Mrs. Clinton)
  S. 2513. A bill to assess the extent of the backlog in DNA analysis 
of rape kit samples, and to improve investigation and prosecution of 
sexual assault cases with DNA evidence; to the Committee on the 
Judiciary.
  Mr. BIDEN. Mr. President, I rise today to introduce the DNA Sexual 
Assault Justice Act of 2002, a bill that guarantees prompt justice to 
victims of sexual assault crimes through DNA technology. 99.9 percent, 
that is how accurate DNA evidence is. 1 in 30 billion, those are the 
odds someone else committed a crime if a suspect's DNA matches evidence 
at the crime scene. 20 or 30 years, that is how long DNA evidence from 
a crime scene lasts.

[[Page S4332]]

  Just 10 years ago DNA analysis of evidence could have cost thousands 
of dollars and taken months, now testing one sample costs $40 and can 
take days. Ten years ago forensic scientists needed blood the size of a 
bottle cap, now DNA testing can be done on a sample the size of a 
pinhead. The changes in DNA technology are remarkable, and mark a sea 
change in how we can fight crime, particularly sexual assault crimes. 
The FBI tells us that since 1998 the national DNA database has helped 
put away violent criminals in 4,179 investigations in 32 states. How? 
By matching the DNA crime evidence to the DNA profiles of offenders. 
Individual success stories of DNA ``cold hits'' in sexual assault cases 
makes these numbers all too real.
  For instance, in Florida, Kellie Green was brutally attached and 
raped in the laundry room of her apartment complex. Because of lack of 
funds, her rape kit sat on the shelf for three years until a persistent 
detective had it analyzed. The evidence matched the profile of a man 
already incarcerated for beating and raping a women 6 weeks before 
Kellie. Or take for example a 1996 case in St. Louis where two young 
girls were abducted from bus stops and raped at opposite ends of the 
city. The police were unable to identify a suspect. In 1999, the police 
decided to re-run the DNA testing to develop new leads. In January 
2000, the DNA database matched the 1996 case to a 1999 rape case, and 
police where able to identify the perpetrator.
  Just days ago, the New York Police Department arrested a man linked 
to the rape of a woman four years ago. In 1997, a woman was horribly 
beaten, robbed and raped, there were no suspects. Several months 
ago,the perpetrator submitted a DNA sample as a condition of probation 
after serving time for burglary. That DNA sample matched the DNA from 
the 1997 rape. Crime solved, streets safer.
  Undoubtedly, DNA matching by comparing evidence gathered at the crime 
scene with offender samples entered on the national DNA database has 
proven to be the deciding factor in solving stranger sexual assault 
cases, it has revolutionized the criminal justice system, and brought 
closure and justice for victims.
  In light of the past successes and the future potential of DNA 
evidence, the reports about the backlog of untested rape kits and other 
crime scene waiting in police warehouses are simply shocking.
  Today I am introducing legislation, ``The DNA Sexual Assault Justice 
Act of 2002'', to strengthen the existing Federal DNA regime as an 
effective crime fighting tool. My bill addresses five, pressing issues.
  First, exactly how bad is the backlog of untested rape kits 
nationwide? A 1999 government report found over 180,000 rape kits were 
sitting, untested, on the storage shelves of police department and 
laboratories all across the country. While recent press reports 
estimate that the number today is approaching 500,000 untested rape 
kits, I am told that there is no current, accurate numbers of the 
backlog. Behind every single one of those rape kits is a victim who 
deserves recognition and justice. Accordingly, my legislation would 
require the Attorney General to survey every single law enforcement 
agency in the country to assess the extent of the backlog of rape kits 
waiting to undergo DNA testing. To combat the problem of rape kit 
backlogs, it is imperative to know the real numbers, and how best to 
utilize federal resources.
  Second, how can existing Federal law be strengthened to make sure 
that State crime labs have the funds for the critical DNA analysis 
needed to solve sex assault cases? To fight crime most effectively, we 
must both test rape kits and enter convicted offender DNA samples into 
the DNA database. There has been explosive growth in the use of 
forensic sciences by law enforcement. A government survey found that in 
2000 alone, crime labs received 31,000 cases, a 47 percent increase 
from almost 21,000 cases in 1999. In addition, the labs received 
177,000 convicted offender DNA samples, an almost 77 percent increase 
from 100,242 samples in 1999.
  All across the country, laboratories report personnel shortages in 
the face of this overwhelming work. According to this same government 
survey, on average,there are 6 employees in a state crime lab--a lab 
that must not only do test DNA for hundreds of cases, but also run 
forensic tests on blood, footprints or ballistic evidence. The bill I'm 
introducing would: 1. increase current funding levels to both test rape 
kits and to process and upload offender samples; and 2. allow local 
governments to apply directly to the Justice Department for these 
grants. I thank my colleagues, Senators Kohl and DeWine, who began this 
effort with the DNA Backlog Elimination At of 2000.
  Third, what assistance does the FBI need to keep up with the crushing 
number of DNA samples which need to be tested or stored in the national 
database? I am told that the current national DNA database, known as 
the Combined DNA Index, or ``CODIS'', is nearing capacity of convicted 
offender DNA samples. My bill would provide funds to the FBI to 1. 
Upgrade the national DNA computer database to handle the huge 
projections of samples; and 2. process and upload Federal convicted 
offender DNA samples into the database. Efforts to include more Federal 
and State convicted offenders in our database just makes plain sense to 
fight crime. We know that sexual assault is a crime with one of the 
highest rates of recidivism, and that many sexual assault crimes are 
committed by those with past convictions for other kinds of crime. 
Their DNA samples from prior convictions help law enforcement efforts 
enormously.
  Fourth, what additional tools are needed to help treat victims of 
sexual assault? One group that understands the importance of gathering 
credible DNA evidence are forensic sexual assault nurse examiners, who 
are sensitive to the trauma of this horrible crime and make sure that 
patients are not revictimized in the aftermath. These programs should 
be in each and every emergency room and play an integral role in police 
departments, bridging the gap between the law and the medicine.
  Likewise, tapping the power of DNA requires well-trained law 
enforcement who know how to collect and preserve DNA evidence from the 
crime scene. Training should be a matter of course for all law 
enforcement. No rape kit evidence will lead to the perpetrator if the 
DNA evidence is collected improperly. The DNA Sexual Assault Justice 
Act would create a new grant program to carry out sexual assault 
examiner programs and training. And it would train law enforcement 
personnel in the handling of sexual assault cases, including drug-
facilitated assaults, and the collection and use of DNA samples for use 
as forensic evidence.
  Fifth, what can be done to ensure that sexual assault offenders who 
cannot be identified by their victim are nevertheless brought to 
justice? Profound injustice is done to rape victims when delayed DNA 
testing leads to a ``cold hit'' after the statute of limitations has 
expired. For example, Jeri Elster was brutally raped in her California 
home, and for years the police were unable to solve the crime. Seven 
years later, DNA from the rape matched a man in jail for an unrelated 
crime. Yet the rapist was never charged, convicted, or sentenced 
because California's statute of limitations had expired the previous 
year.
  The DNA Sexual Assault Justice Act of 2000 would change current law 
to authorize Federal ``John Doe/DNA indictments'' that will permit 
Federal prosecutors to issue an indictment identifying an unknown 
defendant by his DNA profile within the 5-year statute of limitations. 
Once outstanding, the DNA indictment would permit prosecution at 
anytime once there was a DNA ``cold hit'' through the national DNA 
database system.
  John De/DNA indictments strike the right balance between encouraging 
swift and efficient investigations, recognizing the durability and 
credibility of DNA evidence and preventing an injustice if a cold hit 
happens years after the crime. The law must catch up with the 
technology. I started looking at this issue almost two decades ago when 
I began drafting the Violence Against Women Act. In fact, it is the 
Violence Against Women Act that provided the first funding to sexual 
assault nurse examiner programs. The DNA Sexual

[[Page S4333]]

Justice Act of 2000 is the next step, a way to connect the dots between 
the extraordinary strides in DNA technology and my commitment to ending 
violence against women. We must ensure that justice delayed is not 
justice denied.
                                 ______
                                 
      By Mr. WELLSTONE (for himself, Mrs. Lincoln, Mr. Dayton, Mr. 
        Kennedy, Mrs. Clinton, Mrs. Feinstein, and Mrs. Boxer):
  S.J. Res. 37. A joint resolution providing for congressional 
disapproval under chapter 8 of title 5, United States Code, of the rule 
submitted by Centers for Medicare & Medicaid Services within the 
Department of Health and Human Services relating to modification of the 
medicaid upper payment limit for non-State government owned or operated 
hospitals published in the Federal Register on January 18, 2002, and 
submitted to the Senate on March 15, 2002; to the Committee on Finance.
  Mr. WELLSTONE. Mr. President, I rise today to submit a Resolution of 
Disapproval to reverse a rule submitted by the Center for Medicare and 
Medicaid Services, CMS. The rule, which takes effect today, lowers the 
Medicaid Upper Payment Limit for non-State government owned or operated 
hospitals. It reduces the Federal Medicaid match, or Medicaid Upper 
Payment Limit, from 150 percent of the Medicare rate to 100 percent. 
According to the administration's budget, the rule will cut $9 billion 
over 5 years, money currently targeted to public hospitals and other 
``safety net'' health programs, the most vulnerable sector of our 
health care system. At a time when Medicaid programs in the States are 
struggling, we simply can't afford to take this amount from our health 
care safety net. Too many people will be hurt.
  The regulation will mean a loss of about $30 million for Minnesota's 
public health care system this year, potentially more in future years. 
Hennepin County Medical Center alone stands to lose about $10 million 
this year. This is a hospital that provides essential health care for 
thousands of Minnesotans. For many, it is the only place they can go. 
Other hospitals and clinics around Minnesota will also be deprived of 
needed funding. At a time when our health care system, and particularly 
our public hospitals are struggling just to survive, we ought not to be 
taking resources away from them like this.
  CMS Director Scully has attempted to justify this damaging reduction 
by pointing to instances in the past when States did not use the 
program's money for health care purposes. Director Scully is certainly 
correct. The program should be used for health care, not for anything 
else. But slashing the Upper Payment Limit means that none of this 
money goes to health care. That doesn't make any sense. The loopholes 
that existed in the program have already been closed. The rule is a $9 
billion transfer away from those who desperately need health care, 
purportedly in order to solve a problem, but the problem has already 
been fixed. The rule is not needed and will cause great harm. I urge 
colleagues to support this resolution of disapproval.

                          ____________________