[Congressional Record (Bound Edition), Volume 145 (1999), Part 7]
[Senate]
[Pages 10122-10201]
[From the U.S. Government Publishing Office, www.gpo.gov]



 VIOLENT AND REPEAT JUVENILE ACCOUNTABILITY AND REHABILITATION ACT OF 
                                  1999

  The ACTING PRESIDENT pro tempore. The Senate will now resume 
consideration of S. 254, which the clerk will report.
  The legislative assistant read as follows:

       A bill (S. 254) to reduce violent juvenile crime, promote 
     accountability by and rehabilitation of juvenile criminals, 
     punish and deter violent gang crime, and for other purposes.

  Pending:

       Frist amendment No. 355, to amend the Individuals with 
     Disabilities Education Act and the Gun-Free Schools Act of 
     1994 to authorize schools to apply appropriate discipline 
     measures in cases where students have firearms.
       Wellstone amendment No. 356, to improve the juvenile 
     delinquency prevention challenge grant program.
       Sessions/Inhofe amendment No. 357, relating to the 
     placement of a disclaimer on materials produced, procured or 
     disseminated as a result of funds made available under this 
     Act.
       Wellstone amendment No. 358, to provide for additional 
     mental health and student service providers.
       Hatch (for Santorum) amendment No. 360, to encourage States 
     to incarcerate individuals convicted of murder, rape, or 
     child molestation.
       Ashcroft amendment No. 361, to provide for school safety 
     and violence prevention and teacher liability protection 
     measures.

  The ACTING PRESIDENT pro tempore. The Senator from Vermont.
  Mr. LEAHY. Mr. President, I ask unanimous consent to continue for 1 
minute, the time not taken from either side.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. LEAHY. Mr. President, also for the advice of our colleagues, the 
distinguished Senator from Utah and I continued work on the managers' 
package, which we worked on over the weekend, last night, and we will 
be prepared to present that fairly soon.
  If I could have the attention of the Senator from Utah for just a 
moment, I suspect what we would probably do at that time, when it is 
prepared, is to move to set aside other things so we could do that and 
go forward with it.
  I mention this because several Senators had asked about where it 
was--it is a complex thing--to help make sure we get the drafting all 
right.
  Mr. HATCH. Mr. President, I think we are just about done with the 
drafting of it. I know staff on both the minority and the majority side 
are finishing that up as we speak, so I agree with the Senator. When we 
get that finally done, we will interrupt everything and set matters 
aside so we can pass the managers' amendment.
  I notice the distinguished Senator from New Jersey is prepared to 
offer his amendment again. Could I ask the other side, how many further 
gun amendments are we going to have? I would at least like to know.
  Mr. LEAHY. The Senator asks a legitimate question. That is why I 
asked about the managers' package. Some are holding to see where the 
managers' package goes, and it will probably depend upon what happens 
with the amendment of the distinguished senior Senator from New Jersey.
  Let me try to get a more specific answer. That does not answer the 
question of the Senator from Utah. As this debate starts--we are 
running some traplines now--I will try to get that answer for the 
Senator as quickly as I can.
  Mr. HATCH. The reason I bring that up is we have had enough time on 
gun amendments, it seems to me. There has been a lot of getting 
together, and I have helped to lead that. I think it is about time we 
get on to the rest of this bill, which is much more important than the 
gun aspect of this bill. There is a huge number of things we do in this 
bill to try to stop juvenile crime in this country, and especially 
violent juvenile crime. This bill will help to alleviate that. So I 
want to finish the bill, and I think we ought to do the very best we 
can to do that.
  Mr. LEAHY. If the Senator will yield, I would note that we had a list 
of over 90 amendments entered under a consent agreement last Friday. We 
have pared that back to about a dozen or less. So we are making 
significant

[[Page 10123]]

progress. I think what we want to do is make sure as amendments are 
coming up, the few that are left, Senators are not blocked by 
objection, as the Senator from California, Mrs. Boxer, was yesterday, 
or Senator Lautenberg last Friday.
  Now we can move on. We have gone from 90 down to about a dozen. The 
managers' package is making a lot of that possible. Again, I commend 
the Senator from Utah for his work on this, and we should continue.
  But while the Senator from New Jersey is debating his amendment, I 
will try to get a clearer answer for the Senator from Utah.
  Mr. HATCH. Mr. President, let me say one other thing. This is an 
amendment that has already been debated, and it was defeated. So it is 
coming back again substantially in the same form.
  Now, I was told yesterday that the minority believes they have 
narrowed their amendments down to about eight. As I understood it, they 
figured they would have three more gun amendments, including this, and 
possibly a fourth.
  All we want to know is how many are we going to have and what are 
they so we are sure of what is going to come up. But in all honesty, I 
do not want to just keep debating the same subject over and over when 
we have made real honest and decent efforts to try to resolve these 
problems.
  Be that as it may, I would like to know, as soon as I can, just 
exactly how many more gun amendments we are going to have to put up 
with or are we going to do the rest of the bill. Are we going to get 
something seriously done about juvenile crime or are we going to make 
political points in the Chamber, to the extent Senators think they are 
making them?
  That is what I am concerned about. I would like to pass this bill 
which will make a real difference on accountability, making kids who 
commit violent acts responsible for their actions. For the first time, 
we actually have prevention moneys, more than accountability moneys. We 
are doing something about the cultural problems in this society--not 
something, a whole lot about the cultural problems--that really will 
work if we can just get this bill passed. Of course, we are going to 
get tougher on violent juveniles in the sentencing phase and a number 
of other ways from a law enforcement standpoint.
  We have spent most of our time in the last 6 days--now 7 days--on gun 
amendments. We have made a real effort to try to accommodate people on 
the other side--and some on our own side--to resolve these matters. I 
think we have largely resolved them. Be that as it may, we will go on 
from here.
  Mr. LEAHY. Mr. President, again, I ask consent not to have my time 
come from anybody else.
  We are making progress. As I said, we had 90 possible amendments 
entered as a consent agreement last Friday. We pared that back to a 
dozen or less. The distinguished Senator from Utah said over the 
weekend that it appeared they would need about seven from their side. 
They offered four. That leaves about three more.
  I point out that sometimes this debate is wise. When the Craig 
amendment first came up, the Senator from New Jersey, the Senator from 
New York, Mr. Schumer, and I came on the floor and said there were some 
very serious problems with it, that part of the drafting was left out, 
that it did things different from what the Senator from Idaho, Mr. 
Craig, had said it did. We were told by the Senator from Idaho that we 
were flatout wrong, that there was no such thing. It was a good 
amendment. It was adopted, then, on virtually a party line vote.
  The next day, as soon as the press had analyzed it, they found 
exactly what the Senator from New York and I had said was accurate, 
that what the Senator from Idaho said was not accurate. There was a 
great flapdoodle over it--that is from the early unpublished 
Jefferson's ``Manual on Parliamentary Procedure,'' I tell Mr. Dove, the 
Parliamentarian.
  It comes back again now, redrafted. And then, after that, it was 
pointed out that there were other errors, and we were told again we 
were wrong. A third part of the draft is coming back. Frankly, Mr. 
President, sometimes the debate takes a little bit longer if amendments 
do not do what the sponsors say they do.
  With that, I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from New Jersey is 
recognized.


                           Amendment No. 362

        (Purpose: To regulate the sale of firearms at gun shows)

  Mr. LAUTENBERG. I thank the Chair, and I thank my colleague from 
Vermont.
  I particularly pay a note of respect to our colleague from Utah, the 
chairman of the Judiciary Committee and the manager on the Republican 
side, for this juvenile justice bill. I know how anxious he is to 
effect a compromise that permits us to move ahead with legislation 
which is constructive. I have never known him to obstruct for the sake 
of obstruction. I appreciate his interest in moving this bill, as we 
all would like to do.
  Mr. President, I ask unanimous consent to set aside the pending 
amendments and send a compromise gun show amendment to the desk.
  The ACTING PRESIDENT pro tempore. Is there objection?
  Mr. HATCH. Reserving the right to object, I did not hear.
  The ACTING PRESIDENT pro tempore. Will the Senator restate his 
unanimous consent request.
  Mr. LAUTENBERG. Surely. I first paid extensive compliments to the 
Senator from Utah.
  Mr. LEAHY. There was no objection to that part.
  Mr. HATCH. I am happy to hear that.
  Mr. LAUTENBERG. Did I hear an objection from the Senator from 
Vermont?
  Mr. HATCH. Could I understand what the unanimous consent request is?
  Mr. LAUTENBERG. Mr. President, what I want to do is to see if we can 
present a compromise position that takes care of some of the problems 
which still exist after we passed the Craig-Hatch amendment, which 
differs from my original language to an extent that I think makes it 
more palatable to our friends on the other side. I would be happy to 
discuss those as I go through my presentation on the amendment. It is 
obvious that we want to do what we can.
  While the Senator from Utah was occupied, I did say that I have never 
known him to obstruct for the purpose of obstruction but, rather, to 
effect change. I think it is fair to say there is a significant amount 
of interest on the Republican side in the changes we have made to try 
to limit the definition of gun shows, to try to make certain we have 
not increased the bureaucratic or the regulatory requirements such that 
substantially more paperwork is involved. We are not attempting to keep 
files open on people for whom there is no discredited information, 
changes of that nature.
  Mr. President, I hope the Senator from Utah and other Members of the 
Senate will look at what we have and give us a chance to have a review 
of it.
  Mr. HATCH. Could I ask----
  The ACTING PRESIDENT pro tempore. The Chair notes that under the 
previous order, the Senator has the right to send his amendment to the 
desk, and the Chair does not interpret the unanimous consent request to 
be anything other than that. Does that clarify the situation?
  Mr. HATCH. His amendment will go in order after the amendments that 
were----
  The ACTING PRESIDENT pro tempore. That is correct. The Chair does not 
interpret the unanimous consent request to change the order of the 
presentation of the amendments. It does interpret the request simply to 
be to present the Senator's amendment at this time.
  Mr. HATCH. The reason I was concerned is that we set these in order 
by unanimous consent. I had to go to great lengths to get that done. 
That is fine with me, if that is the understanding.
  The ACTING PRESIDENT pro tempore. The clerk will report.
  The legislative assistant read as follows:

       The Senator from New Jersey [Mr. Lautenberg], for himself 
     and Mr. Kerrey, proposes an amendment numbered 362.


[[Page 10124]]

  Mr. LAUTENBERG. Mr. President, I ask unanimous consent that reading 
of the amendment be dispensed with.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  (The text of the amendment (No. 362) is printed in today's Record 
under ``Amendments Submitted.'')
  Mr. LAUTENBERG. I thank, again, the Senators from Utah and Vermont.
  Mr. HATCH. Will the Senator from New Jersey yield? Could we have a 
copy of the amendment. It is certainly nice to know what is going on. 
That is what I am concerned about. If we are going to have amendments, 
I at least want to know what they are, because I have gone to great 
lengths to try to bring both sides together. I don't want to be blind-
sided by amendments at the last minute here. I would like to at least 
know what is in this amendment. I think I have a pretty good idea, but 
I would like to know.
  Mr. LAUTENBERG. Mr. President, in response to the Senator from Utah, 
there is no intent to offer anything that hasn't been discussed or 
anything that is a radical change that further limits the activities of 
legitimate transactions at a gun show.
  This amendment which I send up now has been joined in its origination 
by Senator Bob Kerrey from Nebraska. He has signed on as a cosponsor. 
His input has been truly valuable in crafting a workable proposal. He 
comes from a largely rural State where guns are a significant part of 
the State's culture. I really appreciate his strong support of my 
amendment.
  This amendment is offered in a bipartisan fashion to finally close 
the gun show loophole. I think it is time for us to come to an 
agreement on the gun show debate. It is very much in the minds of the 
public. There was a poll just done, an ABC-Washington Post poll, which 
said, in response to the question, Would you support or oppose a law 
requiring background checks on people buying guns at gun shows? the 
support level was 89 percent. So it does not leave a lot of room for 
doubt.
  Last week the Senate did cast two votes on different gun show 
proposals. My amendment was defeated by a slim majority of 51 votes. 
Obviously, we had Republican support. There were several absences, 
primarily from the Democratic side, people were called away, some for 
emergencies and illness. And after our amendment was defeated, a couple 
of days later, the Hatch-Craig amendment was offered, and it passed by 
only one vote, with five Senators not voting; there were a total of 95 
votes cast. The result was 48-47. So we are obviously in the same 
ballpark when it comes to thinking about what ought to happen. People 
are very wary and upset by the fact that guns can be purchased without 
any identification of the buyer. I call it ``buyers anonymous.'' The 
public is in obvious distress about the way things have been done in 
the past.
  We are not going to interrupt the process whereby people who are not 
felons and are of sound mind can buy a gun. We are not looking to 
interrupt the process of the interested purchaser in buying a gun. But 
we know that, just as with other transactions--vehicles, for instance--
there is a recognition of who is buying a vehicle. The same thing ought 
to be true when we talk about guns.
  So that is what brings us to the position we are in. I asked several 
Senators who were leaning to my position to make any suggestions as to 
how we could improve the amendment that I originally offered. This new 
version that we have sent to the desk reflects the suggestions of both 
Republicans and Democrats. First, the definition of ``gun show'' is 
modified. I have actually taken language from the Hatch-Craig amendment 
and included it. I point that out because I want to try to effect a 
consensus, and that is why we have included this language from the 
Hatch-Craig amendment in this revised version.
  Now, my new language clarifies that we are only talking about events 
where firearms are exhibited and offered for sale. We are not talking 
about transactions between individuals or neighbors.
  The second change that we have made would clarify what qualifies as a 
firearm sale or transaction. When drafting my original amendment, in 
order to prevent people from circumventing the background check by 
completing a sale outside the gun show that actually began in the show, 
but is completed, for instance, in the parking lot, we wanted to close 
that loophole. So while the original amendment defined ``firearms 
transaction'' fairly broadly to cover any transaction that started in a 
gun show but was completed outside, we wanted to define that a little 
more openly so some disagreement that occurred would perhaps have a 
chance to note the changes that were made and would encourage them to 
join in with us and pass this legislation. Some of my colleagues have 
suggested the original language was too broad, so I have narrowed it to 
ensure that legitimate gun sellers are not subject to penalties.
  Additionally, during the course of the debate, some of my opponents 
have suggested that my amendment would lead to a national registry of 
gun owners. My amendment had nothing remotely resembling a national 
registry. It simply required gun sales to go through an existing 
national instant criminal background check system.
  The problem is that some who oppose any kind of gun owner 
identification as a new purchaser have always opposed the criminal 
background check system. They argue that it is the first step toward a 
national registry of firearm owners. They raise the specter of a 
national registry because they want to scare people away from 
reasonable, commonsense gun proposals.
  Well, we are going to make certain that doesn't happen, because I 
believe there is no basis for that argument. I have made a modification 
to try to deal with that issue once and for all.
  My amendment would change the Brady law to prevent the Federal 
Government from keeping any records on qualified purchasers--in other 
words, law-abiding citizens who are allowed to buy a gun--for more than 
90 days. After 90 days, they have to scrap it if it has no value. The 
person is not discredited in any way, has no criminal record, has no 
problem with violence, has not been noted for violent behavior, has not 
had any serious mental disorder, and we are satisfied to have those 
records expunged after 90 days because there is no value to them, for 
one thing, and, secondly, it seems to suggest that what we want to have 
is, again, a registry on everybody. That is not the case.
  Mr. President, law-abiding citizens don't have anything to worry 
about. After 90 days, they can be absolutely sure that there will be no 
Government record of their gun transactions whatsoever.
  Finally, Senator Kerrey, Senator Schumer, Senator Boxer, Senator 
Kennedy, and I worked to streamline the requirements for gun show 
promoters. My revised amendment eliminates all unnecessary paperwork 
and bureaucratic redtape that was purportedly contained in the original 
Lautenberg amendment. The reason I say ``purportedly,'' is because that 
is the way some of our colleagues on the other side interpret it. Well, 
I want to make sure that the record is clear and, thus, we were truly 
circumspect in the way we asked for this data to be presented and for 
this amendment to be offered.
  I thank colleagues on both sides of the aisle who have helped me work 
on these issues. This is a compromise from my original position, but my 
mission is to accomplish the goal, and the goal very simply is to 
satisfy the American people. It is not just curiosity; it is fear; it 
is concern; it is their belief that anybody who buys a gun ought not to 
be anonymous in that purchase, especially when we know that so many of 
those transactions have occurred at gun shows. So that is the purpose 
of this change. We need this amendment to close the gun show loopholes 
once and for all.
  Now, although the Hatch-Craig amendment may have generated a well-
intentioned effort to address the gun show loophole, it did create 
additional problems. If we leave the language in this bill as it 
presently is with the Hatch-Craig amendment, our gun laws are actually 
going to be weaker. I

[[Page 10125]]

know that is not the intention of the authors, nor is it the desire of 
the American people.
  Mrs. BOXER. Will the Senator yield for a brief question?
  Mr. LAUTENBERG. I am happy to yield for a question.
  Mrs. BOXER. I say to my friend, thank you very much for giving the 
Senate a chance to undo the damage that it did by not voting for the 
Lautenberg amendment in the first place and then adopting some 
amendments that have problems. I thank Senator Kerrey, in particular, 
for joining with the Senator from New Jersey. I think this combination 
is a very good one. It is a Senator from the East and a Senator from 
Nebraska working together. I think it should pull us all together and 
put this amendment over the top.
  I wanted to ask my friend if he saw the op-ed piece in the Los 
Angeles Times today written by Janet Reno?
  Mr. LAUTENBERG. I did see it. I was pleased to see it, as a matter of 
fact.
  Mrs. BOXER. I wanted to say to my friend, quoting very briefly--then 
I will put this in the Record, and I will yield back--that Janet Reno, 
our law enforcement officer, says, ``The Senate proposal doesn't do 
enough to keep firearms out of the wrong hands.'' She said that the 
``U.S. Senate has . . . the opportunity to make our streets and 
communities safer by closing the loophole that lets felons, fugitives 
and other prohibited people buy deadly weapons at gun shows.'' She 
laments the action that the Senate took. She points out that even 
though some on the other side said this amendment would close the gun 
show loophole, they do not, and she basically then says that the bill 
of Senator Lautenberg and Senator Kerrey does the job, and it follows 
the recommendations of the Attorney General. She says there is still 
time for the Senate to revisit this important issue and adopt 
legislation that closes the gun show loophole once and for all.
  I guess my final question to my friend is this: It is unusual to see 
a Senator get up and offer once again an amendment that essentially he 
offered before. Does my friend have hope that we will get enough votes 
on the other side to have a better outcome and to plug this loophole?
  Mr. LAUTENBERG. I have a strong feeling that we can pass this. It 
would take many minds to change to make that happen. My colleagues on 
the Republican side--I want to say I have had lots of private 
conversations with them--also want to see the loophole closed. While 
the Hatch-Craig amendment passed, it was the intent of those who 
supported it, and I am sure it closed the loophole. However, it is 
technically still open to loopholes through which lots of problems 
could emerge.
  As a consequence, I am hopeful that we will get strong support on 
this amendment. The American public strongly support it--89 percent, I 
point out. That is an enormous number.
  What I am hoping is that finally the voices of the parents, those who 
are concerned who have seen violence in their schools, who have seen 
violence in their streets, are heard. If we can, without harm to those 
who want to observe a legitimate request, continue to do that, I am 
hopeful that we are going to be able to alert some of those who oppose 
it to the fact that we have taken great pains to satisfy their needs in 
the revised Lautenberg-Kerrey amendment.
  I urge my colleagues to support this bipartisan amendment. Let's 
close the gun show loophole once and for all.
  I yield the floor.
  Mr. SESSIONS addressed the Chair.
  The ACTING PRESIDENT pro tempore. The Senator from Alabama.
  Mr. SESSIONS. Mr. President, I thank Senator Lautenberg for his work 
on this. He is committed to it very strongly. We just have different 
views on a number of issues about guns. I wish it weren't so. But we do 
have some differences.
  With regard to the gun shows, I think a lot of progress has been made 
since the Lautenberg bill has made some movement toward a more centrist 
position, but I believe--and I know Senator Hatch shares the belief 
deeply--that it still does not go far enough in being a reasonable 
restriction on the historic event of gun shows in America. They 
continue around the country. These are honest and law-abiding citizens, 
overwhelmingly, who attend. People collect antique weapons and so 
forth. We simply can't have these long delays before you can close a 
transaction, because the show will be gone by then. This does not have 
qualified immunity. It gives the ATF the ability to in effect impose a 
new tax.
  There are some things that we just are not able to accept.
  Mr. KERREY. Will the Senator yield?
  Mr. SESSIONS. I sure would be happy to yield.
  Mr. KERREY. The Senator says this would give the ATF the ability to 
levy a new tax. But under the modified proposal that we have, all we 
are doing is saying that a gun show operator--several thousand of them 
a year--will simply have to pay the same relatively small fee that all 
licensed gun dealers do. Will the Senator agree that this is no 
different from what any licensed gun dealer has to pay, that basically 
what we are trying to do with this amendment is to say that if you have 
a gun show where it is possible that guns will be sold, you need to be 
licensed like everybody else and you need to pay a relatively small 
fee?
  I ask the Senator that question.
  Second, would the Senator agree that we have substantially reduced 
the amount of regulations that gun show operators would have to comply 
with in this amendment, that we struck, I think, three or four of the 
most difficult regulations, leaving only the requirement to register 
like all licensed dealers have to do and pay this small fee? They have 
to prove the identity of vendors when they check in at a gun show. That 
is just to verify the vendor is who they claim to be. And they have to 
post a sign indicating NISC background checks will be required.
  Will the Senator agree that basically, first, there is a 
substantially reduced amount of regulations that we have in the first 
amendment, and, second, that all this tax the Senator has referenced, 
which is a fee, is the same thing that other licensed gun dealers would 
have to pay?
  Mr. SESSIONS. I would certainly agree that the amendment as proposed 
has listened to some of the concerns that made it unacceptable to begin 
with, and it moved in a more moderate position. But I would still 
suggest that this amendment is unacceptable for a number of different 
reasons. One of them is an additional tax and fee that can be imposed 
by the ATF on a transaction that previously was not taxed. It does not 
provide the kind of qualified immunity that would induce people to do 
the background checks and could, in fact, cause more black market sales 
of guns.
  The bill as written, the Hatch-Craig amendment, would be mandatorily 
stronger than it was originally. And of course there were some 
typographical errors in that first Hatch-Craig amendment, 
unfortunately, that I know Senator Lautenberg enjoyed railing about for 
a long time. But that was admitted and has been corrected.
  I believe the managers of the Hatch-Craig amendment answered the 
questions that Attorney General Reno raised in her comments that were 
made before some of these changes were made.
  But let me say this. I have been a prosecutor for 17 years, 15 as a 
Federal prosecutor, and I prosecuted gun cases aggressively; it was a 
high priority. Under this Project Triggerlock proposal, I sent out a 
newsletter on guns called ``Triggerlock News,'' to the local sheriffs 
and chiefs of police explaining to them what the Federal laws were.
  Federal laws against guns are very strong. If you carry a gun during 
a drug offense or a burglary, it is 5 years without parole consecutive 
to any punishment you get on the underlying offense. In Federal court 
you have the Speedy Trial Act. People have to be tried promptly. In 
Federal court when you have a speedy trial and the individual is 
already out on bail or parole, the judge usually will deny them bail. 
So you could have a case where oftentimes these violent criminals are 
denied bail, then they are tried within 60

[[Page 10126]]

days, and removed from the community for 5 years and more. That was a 
high priority with me.
  This administration under Attorney General Reno has allowed those 
prosecutions. I was a U.S. attorney appointed by President Bush. And 
President Clinton has now appointed all 93 U.S. attorneys around the 
country. His U.S. attorneys have allowed gun prosecutions to decline 40 
percent, from 7,000 to 3,800. And, more than that, they have gone 
forward with this idea that the way to fight violent crime and keep 
people from using guns illegally is to pass more laws. But they are not 
enforcing the laws they pass.
  For example, there were 6,000 incidents of firearms carried on school 
grounds last year, according to the President. And within the last 
several years this Congress, at the request of the President, passed a 
law to make it a Federal crime to carry a firearm on school grounds. 
Yet out of 6,000 incidents, fewer than 10 cases were prosecuted each of 
those 2 years. It is a Federal crime in America to deliver a firearm to 
a teenager under most circumstances.
  That Federal crime, that Federal law, was passed several years ago at 
the request of the President. Yet his Department of Justice, Attorney 
General Janet Reno, prosecuted less than 10 of those in each of the 
last 2 years. The assault weapons ban that was raised had less than 10 
prosecutions.
  Mr. LAUTENBERG. Will the Senator yield?
  Mr. SESSIONS. When I finish I will be glad to yield. This is a very 
important question to me. We are trying to improve gun laws, and I am 
prepared to strengthen substantially the situation involving gun shows. 
I know Chairman Hatch is. I am filling in for him at this moment.
  Is this just show? Is this all for debate, for TV and media and 
politics? It seems to me that it is since after we pass the law, no one 
ever gets prosecuted for it. Only ten cases out of 6,000 in America 
last year were prosecuted. What does that say about what we are going 
through here?
  This bill has a number of changes in gun law. If a young person, a 
teenager, is convicted as a juvenile for a crime of violence, he or she 
will not be able to possess a firearm later when they become an adult. 
Under current law that is not so. If a teenager commits a violent crime 
at age 17, he is treated as a youthful offender or juvenile in juvenile 
court, and when he becomes an adult he can still possess a firearm. But 
an adult, if convicted at age 18 of a felony, cannot possess a gun.
  We closed that loophole to make sure that we are focusing on people 
who have a proven record of dangerous use of guns, rather than focusing 
over and over again on innocent people who use firearms.
  Mr. SCHUMER. Will the Senator yield?
  Mr. SESSIONS. Yes.
  Mr. SCHUMER. There is one difference we have. Yes, prosecute those 
who violate the law, no question. But very simply, that doesn't say you 
shouldn't prevent young people from getting guns before they violate 
the law. The two people at Littleton, Klebold and Harris, had not 
violated the law before--or were not detected.
  It is of little consolation, it seems to me, to their parents and 
their families and the whole community that had they not killed 
themselves they would have been prosecuted. They should be prosecuted. 
I am for laws as tough as my friend from Alabama is, but why shouldn't 
we both do things to prevent young people and criminals from getting 
guns before they commit crimes, as well as prosecute them after they 
commit crimes? The two are not contradictory.
  I always hear ``let's do more prosecution'' as a substitute for also 
preventing criminals and young people from getting guns in the first 
place so we won't have to prosecute them.
  I ask my friend from Alabama, why is one in place of the other, as 
opposed to doing both alongside one another?
  Mr. SESSIONS. We are not against laws that rationally and effectively 
prevent people from having weapons they shouldn't possess. We added in 
this bill a prohibition on what I think was a loophole on assault 
weapons, dealing with teenagers. Other violations of that kind are in 
that bill, and that bill can provide more restrictions.
  To me, it is a bizarre event that we are talking about a 3,000-
prosecution decline and about passing this arcane law dealing with gun 
shows which may have some positive effect in reducing illegal gun 
sales.
  So we are working with Members on that. We have probably five or more 
gun restriction provisions in this legislation. That is not going to 
solve the fundamental problem if we are not going to have those laws in 
force nor if we don't have a commitment from the Attorney General to do 
that.
  We heard from her own U.S. attorney in Richmond. They have adopted a 
program very similar to Project Triggerlock under President Bush. She 
called it Project Triggerlock with Steroids. They were aggressively 
prosecuting individuals who utilized guns illegally, and the 
President's own U.S. attorney attributed their aggressive prosecution 
of current gun laws for a 40-percent reduction in murder and a 21-
percent reduction in violent crime.
  I thought that was a stunning statistic. The President indicated he 
wanted to see that done nationwide in a radio address. Two days before, 
we had a hearing on it. He had a radio address on this very subject, in 
effect, dealing with the massive decline in prosecutions that have 
occurred under his administration, and said he was directing his U.S. 
attorneys in the Department of Justice and the Department of Treasury, 
of which ATF is a part, to increase their prosecutions.
  Yet when we had Attorney General Reno testify just this month before 
the Judiciary Committee, she said we are not making any big commitment 
on that. She has a study going on and it has to be done individually 
and we are just not going to do what they did in Richmond.
  The clear impression was that not only was she not in accord with 
what I believe the law of the United States requires, but that she 
wasn't even really in accord with the wishes of the President of the 
United States.
  Mr. KENNEDY. Will the Senator yield?
  Mr. SESSIONS. I yield to the Senator from Massachusetts.
  Mr. KENNEDY. I notice that the cosponsor of the amendment is on the 
floor. I wonder if he might be able to speak since he is the principal 
cosponsor. Traditionally, we have let principal sponsors be allowed to 
speak. The Senator is always courteous in all these occasions. Would 
the Senator be willing to let him proceed?
  Mr. SESSIONS. I am sorry that I took so much time. I defer to Senator 
Kerry.
  Mr. KENNEDY. I thank the Senator.
  The ACTING PRESIDENT pro tempore. The Senator from Nebraska.
  Mr. KERREY. The Senator didn't take too much time at all. It is 
within your right to do it. I do have a markup with the Finance 
Committee and I appreciate very much the Senator yielding to me so I 
can make a couple of points about this amendment.
  First of all, I do believe in the second amendment. I believe in the 
right to bear arms. I think it has meaning. In the past, I measured 
whether or not I will vote for changes in the law that restrict a 
citizen's right to own a gun that reduces their right by imposing 
waiting periods or increased licensing requirements by a simple test: 
Will this reduce the number of people who are having their rights 
violated by either being shot at, shot, or killed as a consequence of 
people who acquire guns illegally, using those guns to commit a crime?
  I voted for Brady. I voted for the so-called assault rifle ban, 
though it didn't really ban rifles; it banned some features. I feel 
confident when I vote for something that I think works.
  What we have here, and I think both sides are agreeing, is a 
significant loophole in the law. There are thousands of gun shows every 
year where not only can law-abiding citizens go, but as a consequence 
of not having to be licensed--if you go to a Guns Unlimited in Omaha, 
NE, you have to get not just background checks but you have to get

[[Page 10127]]

permits from the city of Omaha and the county sheriff. It takes a while 
before you buy a gun.
  If you set up a gun show in Douglas County, no licensing requirements 
are necessary. You can buy any gun if you are a felon or mentally 
unstable, no background checks are required at all.
  Both sides are saying we recognize that loophole needs to be closed. 
I noted last week, indeed, when the amendment was offered as a motion 
by Senator Hatch and Senator Craig, the headline of the Omaha World 
Herald said ``Republicans Close Gun Show Loophole.''
  What I am trying to say with this amendment is two things. One, some 
objections raised against the previous amendment talked about excessive 
amounts of regulation. I found that to be a credible argument. Senator 
Lautenberg was good enough to make significant changes in it, so all 
that is left now is for a gun show operator to do the same thing that a 
licensed dealer has to do, which is to register with ATF; they pay a 
small fee just as any licensed operator has to do; the vendor has to 
show proof of identification--that is, the person who is selling--that 
verifies the vendor is who they claim to be. And then basically a sign 
has to be posted notifying people, who are either vendors or there 
buying, that NICS background checks are going to be done.
  That is all that is required. It is a fairly simple imposition of 
regulations that are the same for anybody who goes to a licensed gun 
dealer. In addition, you have to comply with whatever the local law is, 
the State law, or Federal law. That is all we are attempting to do.
  I urge Senators who are considering whether or not to vote for this 
amendment to look at the language of the law as it is currently 
proposed in the Juvenile Justice Act, as modified, because the loophole 
is still there. Perhaps the distinguished Senator from Utah can address 
this, or somebody else who is a proponent of this. It says that special 
licenses can be granted to people who are running gun shows. It does 
not say that all gun show dealers have to register, as all licensed gun 
dealers do. It says some gun show operators can be granted special 
licenses and then they will not have to do background checks, they will 
not have to determine whether or not a person who is walking in to buy 
a handgun is a felon, whether or not they are mentally unbalanced, 
whether or not they have previous crimes they have committed. None of 
this is going to be required if this gun show operator can get a 
special license.
  You say maybe there are some special cases where a special license is 
required. I urge Members to look at the language. The language says a 
special license can be granted to a person who is engaged in the 
business of dealing in firearms by, No. 1, buying or selling firearms 
solely or primarily at gun shows.
  That is going to exempt everybody. Anybody who is out there who says 
I do not have a gun shop, I am not a licensed gun dealer, all I am 
doing is operating at gun shows, is going to be able to apply for a 
special license and be exempted.
  You tell me how that is going to reduce the opportunity for a felon--
again, somebody who has committed crimes in the past with guns--to go 
to an operator who is engaged in a business primarily operating at gun 
shows and not be able to buy a dangerous weapon. The answer is, they 
will still be able to buy. So if anybody believes we have closed this 
loophole as a consequence of the Juvenile Justice Act as it is 
currently amended, I urge you to look at the language. Anyone who is 
buying or selling firearms solely or primarily at gun shows can be 
given a special license and then will not have to do background checks.
  Second, for anybody who is buying or selling firearms as part of a 
gunsmith or firearm repair business or conduct of other activity, as in 
this subsection, that seems not necessarily unreasonable. You can, I 
suppose, craft this thing so special exemptions can be granted. But we 
do not grant special exemptions for somebody who is out there as a 
licensed gun dealer; they merely have to pay a small fee with the ATF 
and agree to do background checks.
  If you talk to the licensed gun dealers today--many of whom opposed 
those background checks to begin with--they say they now basically are 
comfortable with it; it is operating relatively well, and it gives them 
increased comfort when they sell a handgun, knowing they are selling it 
to somebody who is not a felon; either the local sheriff or local 
police department signed off on it and said that person who has made 
that purchase is somebody who is a law-abiding citizen, who is not a 
felon, who does not have anything in his background that would indicate 
the rest of the public is going to be at risk as a consequence of him 
owning a handgun.
  This amendment corrects precisely what many people objected to in 
original language, and that is, it reduces the amount of regulation. 
But it clearly says if you operate a gun show and you are selling guns, 
you are going to have to do what every licensed dealer has to do. You 
pay a fee to the ATF and you make certain you do background checks on 
anybody who is buying. That closes the loophole.
  But current language as described here in law does not do that. 
Current language will still allow somebody who is primarily involved or 
solely involved in operating gun shows--it will allow them to say we do 
not have to get a license, we do not have to notify ATF, we don't have 
to do background checks, we can just set up shop.
  You could even have a vendor at a gun show, under the proposal as 
this Juvenile Justice Act has been changed, a vendor who is also 
illegal--no background checks, no analysis required of the vendor as 
well.
  There are other problems that can be identified. I am troubled as 
well by the pawnshop exemption in the Juvenile Justice Act as 
originally proposed, as is proposed today as well, because I think that 
also unnecessarily puts the public at risk. That is what we are talking 
about here.
  All of us understand the Bill of Rights provides us with freedom but 
also understand there are limits. I do not have unlimited first 
amendment rights. If I libel or slander people, they can bring a case 
against me. I do not have an unlimited second amendment right. My 
second amendment right ends when I am a threat to somebody else.
  This is not about restricting law-abiding citizens; it is about 
trying to write the law so people who are intentionally committed to 
violate the law have a more difficult time acquiring a weapon that will 
enable them to do grave bodily harm to, if not to kill, another member 
of our society. So I hope those who would genuinely want to close this 
loophole, who are looking for a way to basically level the playing 
field for somebody who is out there selling guns through gun shows and 
licensed gun dealers in the local community, want to have the same 
rules applying to both.
  I hope my colleagues will consider what we will be doing if the 
Juvenile Justice Act, as modified, is enacted, and what we will be 
doing if the amendment offered by my friend from New Jersey, Senator 
Lautenberg, and I is accepted. I hope this will be accepted. We have 
significant numbers of Americans who are saying we do want to reduce 
this loophole, this risk that we see to our lives--not just our lives 
but our children's lives as well.
  I think it is an altogether reasonable amendment. I was surprised 
initially there was much controversy over it. I regret there is 
controversy over it. I hope this amendment will be seen by those who 
support the right to bear arms as a reasonable way to make certain that 
all Americans, gun owners and non-gun-owners alike, not only have a 
right to own a gun but have a right to the safety and security that all 
of us want to have in our homes and in our neighborhoods.
  The Senator from Alabama is gone. I will, in his absence, thank the 
Senator from Utah for allowing me to speak so I can get back to the 
finance meeting.
  The ACTING PRESIDENT pro tempore. The Senator from Utah.

[[Page 10128]]


  Mr. HATCH. I am going to yield to the distinguished Senator from 
Massachusetts. I just want to thank the Senator for getting here and 
making the speech. I am glad we could accommodate him. I am going to 
accommodate the Senator from Massachusetts now, and then hopefully I 
will have something to say about this when he has finished.
  I ask though, in the meantime, of the distinguished Senator from New 
Jersey, is there a possibility of us agreeing to a time agreement on 
this since the main proponents on this have spoken to it?
  Mr. LAUTENBERG. Mr. President, in response to the Senator from Utah, 
we have several colleagues who want to speak.
  Mr. HATCH. Will the Senator just consider that, and then maybe, while 
the Senator from Massachusetts makes his remarks, chat with me and we 
will see if we can come to agreement?
  Mr. SCHUMER. If the Senator will yield, I have been waiting 
patiently. I certainly want to speak on this. I probably will speak for 
no more than 5 or 6 minutes.
  Mr. HATCH. I think everybody is trying to get this bill over with at 
this point. At least I hope so.
  Mrs. BOXER. If the Senator will yield, I only need 2 minutes to make 
my remarks.
  Mr. HATCH. I am happy to defer remarks of mine until the 
distinguished Senators from Massachusetts and New York and California 
speak.
  Mr. LEAHY. We know the three who are going to speak. During the time 
they are speaking, I will run the traps on our side and try to get as 
concise and accurate a time agreement as we can.
  Mr. HATCH. I would like to have time agreements on the other 
amendments, if we can. Will the Senator from Massachusetts give us some 
indication of how long he may speak? I will have to be gone from the 
floor to the Finance Committee for a vote and I would like to know, if 
I may, how long the Senator will speak.
  Mr. KENNEDY. Probably less than 15 minutes.
  I would like to just be able to proceed.
  Mr. HATCH. I understand the Senator from Massachusetts, 10 or 15 
minutes for sure, and then the Senator from New York at least 5 
minutes, and then the Senator from California.
  Mr. KERREY. Reserving the right to object.
  Mr. HATCH. I just want to have some idea. I would also like to have 
the floor protected, and I know my colleague from Vermont will, while I 
go to vote on this Finance Committee bill.
  I yield the floor.
  Mr. LEAHY. There will be no consents entered while the Senator is 
gone.
  Several Senators addressed the Chair.
  The PRESIDING OFFICER (Mr. Hutchinson). The Senator from 
Massachusetts.
  Mr. KENNEDY. Mr. President, during the debate and discussion here on 
the floor of the Senate in regard to the prosecution of Federal crimes, 
and also during the period of the Judiciary Committee, I think we ought 
to really set the record straight. The record was set straight in the 
Judiciary Committee by the Attorney General, but it has been 
misrepresented here on the floor of the Senate by those who ask why are 
we considering this amendment when we are not really prosecuting all 
the gun laws on the books with regard to this and somehow suggesting 
that those of us who are concerned about the easy access of weaponry to 
children and criminal elements in our society really should pay more 
attention to the prosecutions and doing something to make it more 
difficult for children and for those who should not own the weapons to 
own them.
  The fact is, overall firearms prosecutions are up. Although the 
number of Federal prosecutions for low-level offenders--persons serving 
sentences of 3 years or less--is down, the number of higher-level 
offenders--those serving sentences of 5 or more years--is up by nearly 
30 percent in recent years.
  At the same time, 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, 20,000 to 25,000.
  As the Attorney General pointed out, those that ought to be handled 
at the local level are being handled by State prosecutors, and those 
that are more serious are being handled by Federal prosecutors. That 
record has been made in the Judiciary Committee. Maybe those who oppose 
this kind of common sense gun legislation get some kind of thrill out 
of misrepresenting the facts. The facts have been laid out by the 
Attorney General before the Judiciary Committee and they are as I have 
stated them, and as represented by the Justice Department.
  By misrepresenting and saying total prosecutions by the Federal 
Government are down, they are telling half the story. They are not 
saying what is happening in State and local prosecutions. When you look 
at State prosecutions, local prosecutions, and Federal prosecutions, 
they are up, and up significantly. I think we ought to put that aside.
  We are making worthwhile progress in the Senate on these gun control 
issues. I join in paying tribute to my colleagues--Senator Lautenberg, 
Senator Kerrey, Senator Schumer, Senator Boxer, Senator Durbin, and 
others on both sides of the aisle--who have been advancing sensible and 
responsible and what I call common sense recommendations. That is what 
they are. They are common sense recommendations which, when put into 
effect, are going to reduce the opportunity for easy access to weapons 
which are too often used either accidentally or intentionally, perhaps 
even in the increased incidents of suicide, or purposely by children or 
young people in this country.
  One of the most important measures, which is before us, is closing 
the gun show loophole and closing it not just part way but all the way. 
As was pointed out, last week the Senate failed twice to close that 
flagrant loophole, and the inadequate amendments adopted were riddled 
with so many loopholes of their own that the country was outraged by 
the Senate's hypocrisy.
  Now, on the third try, we have a chance to do the job right and close 
the gun show loophole lock, stock, and barrel.
  The gun show loophole is a hole below the waterline of our gun 
control laws. It makes a mockery of responsible gun control. Yet, the 
initial attempt by our Republican friends to close it was a travesty, 
as has been pointed out.
  It left the gun show loophole wide open. It created a pawnshop 
loophole. It reduced background checks from 3 business days to 24 
hours, including Sundays. It allowed the interstate sale of firearms, 
potentially undermining State laws across the country. It prevented gun 
tracing. And it created a sweeping immunity for gun sellers.
  That action was the Senate at its irresponsible worst. It is time for 
us to stop buckling to the gun industry and do what is right.
  There is a real chance that the tragedy in Littleton would never have 
happened without the easy access to guns that the gun show loophole 
supplies.
  One incredible statistic summarizes the magnitude of the problem we 
face. In 1996, the most recent year for which information is available, 
handguns were used to murder 9,390 people in the United States.
  I might mention why it is difficult to get gun figures. We are using 
1996 figures because the power of the NRA prohibits the Centers for 
Disease Control from collecting that information. The only way they can 
get the information is to look at the death certificates, and that is 
enormously costly and takes an incredible amount of time. We are 
prohibited--the country is prohibited--from actually having the most 
recent and accurate information about gun deaths. If it is not a 
problem, why does the National Rifle Association oppose us in having 
that kind of information? And they have opposed it. They prohibit us 
from getting that information, so we use the 1996 figures--9,390 people 
in the United States.

[[Page 10129]]

  In countries with tough gun control laws, the firearm homicide rate 
is over 97 percent lower--97 percent. The number of handgun murders in 
1996 were 2 in New Zealand, 15 in Japan, 30 in Great Britain, 106 in 
Canada, and 213 in Germany. The case for strong gun control is 
overwhelming. It saves lives. It saves children. It saves whole 
communities.
  Another shocking statistic makes the same point. Each day across 
America, 13 more children die from gunshot wounds. That is the 
equivalent of one Littleton each day, every day somewhere in America.
  How can the Senate continue to play ostrich--head in the sand, 
ignoring this overwhelming need? How many more Littletons do we need? 
How many more wake-up calls will it take? When will we finally do what 
it takes to keep children safe and stop sleepwalking through crisis 
after crisis after crisis after crisis of gun violence?
  If the Senate cannot even close the gun show loophole, we may well be 
condemning communities across the country to a future Littleton tragedy 
of their own.
  It is wrong for the Senate to say that easy access to guns had 
nothing to do with what happened at Columbine High School. It is wrong 
for the Senate to whistle past the graveyard of Littleton. It is wrong 
for the Senate to pretend to make minor adjustments in the gun laws 
when gaping loopholes, like the gun show loophole, needs to be closed. 
It is wrong for the Senate to give the National Rifle Association a 
veto over the reforms that cry out to be taken in the wake of that 
tragedy.
  Littleton shocked the conscience of the country, and it finally seems 
to have shocked the conscience of the Senate. It is clear that the 
Senate should return to the gun show loophole and try again to close it 
before more innocent lives are lost. And, like closing the gun show 
loophole, there are other urgent steps that need to be taken.
  Gun laws work. The facts speak for themselves. It is long past time 
for the Senate to act to say enough is enough.
  We know many examples of how tough gun laws, in combination with 
other preventive measures, are having a direct impact in reducing 
crime. In Massachusetts, we have some of the strongest gun laws in the 
country. There are tough restrictions on carrying concealed weapons. 
Local law enforcement has discretion in issuing the permits required by 
law, and an individual must show a clear need.

  The minimum age for sale of handguns across the board is 21.
  There are increased penalties for felons who possess firearms.
  Adults are liable if a child gets an improperly stored gun and uses 
it to kill or injure himself or someone else.
  Firearms must be stored with child safety locks.
  We have a gun-free schools law.
  We have enhanced standards for licensing of gun dealers.
  A permit is required for private sales.
  Saturday night specials are banned.
  Lost or stolen firearms must be reported.
  These are common sense requirements that save lives and impose no 
problem whatsoever for legitimate hunters and sports persons.
  Look at what has happened in terms of firearm homicides in Boston. 
These figures are reflected across our Commonwealth. We have seen in 
1993, 65; 62 in 1994; 64 in 1995; and then 39, 24, 26, 4. So far this 
year, there has not been a single youth homicide in 128 schools. Tough 
law enforcement, tough gun control, tough preventive action. That is 
what we stand for. And the results are out there.
  When we compare States with strong gun laws to those that have weak 
gun laws, the differences are significant.
  In 1996, for Massachusetts, the number of gun deaths for persons 19 
years old or younger was 2 per 100,000.
  In States that have the weakest gun laws, the numbers were 
significantly higher: 5.9 gun deaths per 100,000 in Indiana; 9.2 gun 
deaths per 100,000 in Mississippi; 5.1 gun deaths per 100,000 in Utah; 
6.9 gun deaths per 100,000 in Idaho--2 gun deaths per 100,000 in 
Massachusetts.
  It is clear that strong gun laws help reduce gun violence, yet when 
Democrats have proposed steps to take guns out of the hands of young 
people--proposals that would save lives--the Senate has too often said 
no.
  The overwhelming majority of the American public wants to pass 
reasonable gun control measures.
  The American people clearly want these common sense laws on the 
books, and they will just as clearly hold Congress accountable if we 
fail to act or only pretend to act. The lesson of the Senate's past 
failed attempts to close the gun show loophole is clear: The American 
people will hold us accountable if we refuse to act. Nothing 
concentrates the minds of Members of Congress like the knowledge that 
they are about to be hung out to dry at the next election. So let's 
concentrate on closing the gun show loophole and the other blatant 
loopholes in the Nation's gun laws.
  Just finally, I put in the Record that the ATF has examined the 
number of crime guns traced during 1996 and 1997 to federally licensed 
firearm dealers and to federally licensed pawnbrokers. While 13 percent 
of the federally licensed dealers had one or more crime guns traced to 
them, 35 percent of the federally licensed pawnbrokers had one or more 
crime guns traced to them.
  It seems that everything cries out for this particular amendment. 
Let's take action and do what is right for the children in America, the 
families in America, and to reduce violence in America.
  I thank the Chair.
  Several Senators addressed the Chair.
  The PRESIDING OFFICER. The Senator from Alabama.
  Mr. SESSIONS. I thank the Senator from Massachusetts.
  I think, in fundamental principles, we are in accord on the efficacy. 
The virtual elimination of guns in America, we cannot be together on. I 
think the second amendment provides for that. But tough law 
enforcement, as the Senator said, tough gun control--I would say, tough 
gun prosecutions--and prevention do work.
  The Boston project is a good model for America. One of my staff 
members has been there to try to analyze how it is they have achieved 
their successes. One of the reasons is they really enforce the law. 
They go out and deal with these young gang members. If they have them 
on probation, they monitor them. They talk to them. They say: You are 
supposed to be at home at 7 o'clock at night. The probation officers do 
not work from 9 to 5 in Boston. They will work from 1 until 10 o'clock 
at night, and they will go out with police officers and actually verify 
whether or not those young people are complying with the probation and 
parole requirements placed on them. What is happening in America is our 
court systems are so overwhelmed with juvenile crime that they have not 
been able to even carry out their mandates.
  If you give them probation, you need to make sure they honor and 
comply with the terms of the probation. One possibility is to do drug 
testing, so that they are not getting back on drugs which may be 
driving them to crime. Another possibility is by going to school on 
time; or if they have a job, showing up on time for it; if they have a 
curfew placed on them, being home in their bed and not running the 
streets at night.
  These are the kinds of things in which Boston has invested. We asked: 
Well, what happens when a young person in Boston does not do what they 
say--for example, they have been caught in a burglary, have been 
released on probation, and have been running around with a gang. The 
judge says: Don't hang around with that gang anymore; be in at 7 
o'clock; and be at school on time.
  What happens if they do not go to school, and continue being a 
truant? What happens if they do not come home at night when they are 
supposed to or otherwise do not comply with the judge's order? In most 
cities, unfortunately, nothing happens.
  If you care about children, you will make sure something happens, 
because we want to intervene early in their lives in order to direct 
them on a new and healthy path. If we love these children, and really 
care about them, we will not have this revolving-door justice that goes 
on in America.

[[Page 10130]]

  There was a night watchman killed by three young people in Alabama 
just 3 years ago when I was the attorney general of Alabama. I called 
the chief of police and asked the chief: Chief, what is the criminal 
record on these three youngsters? They were out loose. One of them had 
5 prior arrests, another one had 5 prior arrests, and one had 15 prior 
arrests. That is the pattern in America.
  Fox Butterfield, who has written on this subject numerous times for 
the New York Times, did a study of the Chicago juvenile court system. 
He found they spend 5 minutes per case. These children are not being 
confronted effectively by the court system when they are beginning to 
get in trouble. We need to make that first brush with the law their 
last. And it does include tough law enforcement. You have to be able to 
discipline children who refuse to take advantage of the opportunities 
that have been given them.
  So we do have money in here that would allow for alternative schools 
to be built, for drug treatment programs, for mental health and 
counseling to occur, and for drug testing to find out whether young 
people are on drugs. All of those funding programs, and many more, are 
here to help strengthen juvenile justice.
  I say to those who care about juvenile justice in America today, go 
down and talk to your judges, your district attorneys, and your chiefs 
of police. Ask them what is needed in their local juvenile court system 
in order to make them better able to intervene and change the lives of 
young people who are getting in trouble. You will find that those 
judges will have a list of things they wish they could have. This bill 
would fund virtually every one of them.
  It would give matching funds to expand detention facilities. It would 
give more money for drug treatment and other activities of this kind. 
It would allow each community to make application for funds to fill the 
missing blanks in their system so that they can have a comprehensive, 
coordinated effort against crime.
  I think we can make progress in that regard. I hope we can go on and 
move this bill to final passage.
  I see the Senator from New York would like to comment.
  I yield the floor.
  Mr. SCHUMER addressed the Chair.
  The PRESIDING OFFICER. The Senator from New York.
  Mr. SCHUMER. I thank the Presiding Officer for yielding and the 
Senator from Alabama for his courtesy, as well as all the other 
Senators.
  I think, my colleagues, this afternoon will be a moment of reckoning 
on the floor of this Senate. The vote that will occur on closing the 
gun show loophole--really closing the gun show loophole--will be 
historic, because it will really mark the difference as to whether we 
are serious about moderate, carefully-thought-out measures on gun 
control or whether we are going to continue the same game we have 
played for the last 4 years.
  What game is that? The game is a simple one. When the public gets 
aroused, all too often because of a tragedy, then some of us try to 
deal with the causes of that tragedy in a variety of different ways, 
including reasonable restrictions preventing children, preventing 
felons, from getting guns.
  What in the past has occurred is, those who oppose us have said: Oh, 
we agree with you. And they put in a substitute amendment which does 
not close the loophole. They put in a substitute which makes it appear 
as if the problem is being solved but does not solve it. Then, 
inexorably, another tragedy occurs.
  Today is the day we can stop that. We can stop it on a modest, simple 
measure to close the gun show loophole, to really close it.
  Now, let me go over, for my colleagues--and then I want to talk a 
little bit about what the Senator from Alabama has said--the status of 
the present legislation that has passed on the floor of the Senate and 
what we are attempting to do with the Lautenberg amendment this 
afternoon. Right now, after passage of the Hatch-Craig amendment, we 
give with one hand and take away with another. There are, right now, 
three types of people under the status of this legislation who can go 
to gun shows and sell guns: One is federally licensed dealers. These 
people, since 1968, whether they sell at gun shows or anywhere else, 
have to keep records and, since 1993, with the passage of the Brady 
law, have to do background checks. They always have and they will 
continue to, unless we repeal that for some unforeseen circumstance.
  The second group of people is those who are not licensed dealers. 
Under present law, they could show up at gun shows and sell guns 
without background checks, without recording processes. The Craig-Hatch 
amendment correctly, as does the Lautenberg amendment, prevents that 
from happening. A background check would have to be done, as it should. 
There shouldn't be any loopholes.
  The country came together, in 1993, passed the Brady law, and it has 
worked. It has worked dramatically so. It has worked so that over 
250,000 felons who walked into licensed dealers were refused guns.
  Let me show you how it has worked in the last week. Since last 
Wednesday, May 12, 1999, when the Senate missed the opportunity to 
close the gun show loophole once and for all, the FBI, using the Brady 
law's national instant check system, stopped 1,550 felons, fugitives, 
stalkers and others who should not have guns from buying licensed guns. 
In one week, 1,500 people were stopped. But in that same week, sure as 
we are here, some of those very same people went to gun shows and 
bought guns without a check. What kind of mindless system is there when 
the dealer has to do the check but you can easily go to a gun show and 
get around it.
  Over this past weekend, there were a minimum of 31 gun shows. In 
every one of those gun shows, children, felons, the mentally 
incompetent, and stalkers could go buy guns without ever being 
detected. Why?
  Because of the public outcry about what occurred in Littleton, the 
Senator from Utah and the Senator from Idaho said: Fine, if you are not 
a licensed dealer, you also have to engage in a background check. That 
was their second attempt. The first attempt, of course, made it 
voluntary, which made no sense. But then, after the outcry and after 
the Senator from Vermont and myself got up on the floor late that 
evening and said, hey, this does not do what it is supposed to do, the 
next day Senators from the other side, the Senator from Oregon and the 
Senator from Arizona, got together and said: Wait a minute, we thought 
we were really closing the gun show loophole. It wasn't. And so this 
Craig-Hatch amendment evolved.
  But the same darn thing occurred. So while closing the loophole for 
nonlicensed dealers, they opened it up for a whole new category of 
people called special licensees. What was the reason to have a special 
licensee? Nobody has figured that out. But a special licensee can go to 
a gun show, under the status of the Hatch-Craig amendment, and not do a 
background check.
  It is a shell game. On the one hand, we say we are not going to let 
unlicensed dealers do this, and then we say, but if you become a 
special licensee, you can.
  The American people are just appalled at what this Senate is doing. A 
simple measure like closing the gun show loophole, which can be done 
easily and quickly and noncontroversially, can't pass. We have to do an 
elaborate kabuki dance to make it seem as if we are doing something but 
not do anything at all.
  So this is a moment of reckoning for the Senate. Are we going to step 
up to the plate and just close the gun show loophole once and for all 
by passing the amendment this afternoon, or are we going to continue to 
play games? I say to my colleagues, playing games won't do anymore. 
There has been a sea change in the American people in the last few 
weeks, because they are fed up.
  After Brady, something happened. Before the Brady law passed, the gun 
lobby would tell citizens throughout America, if Brady passes, the 
hunting rifle your Uncle Willy gave you when you were 14 will be 
confiscated and

[[Page 10131]]

some people in big black boots will knock on your door and take your 
guns. It was a message of fear.
  Well, wherever I go in my great and diverse State, I ask people who 
are gun owners, has the Brady law interfered with your right to bear 
arms? And every one says no. So the fear tactics that the NRA has used, 
the scare tactics, the big lie is losing velocity. That is why they 
have lost members, half a million, in the last few years. That is why 
they are unable to garner support.
  Now, because of the tragedy at Littleton, there seems to be a whole 
change in public opinion. They say, enough already. It is not just 
among Democrats like myself who have been arguing for these changes for 
over a decade. You have two candidates for the Republican nomination 
for Senate who have had the courage to say the NRA is not always right. 
In 1996, no candidate, much as they wanted to, could dare say that. 
That is as good an indication of the change in public opinion as any.
  I respect Elizabeth Dole; I respect John McCain. They do not agree 
with me about everything on guns. I do not expect them to. But on 
logical, rational methods of closing loopholes of a law that has 
received overwhelming public support and, more importantly, has been 
successful, 1,500 felons last week stopped from getting guns by Brady, 
how many of them went to gun shows to get around the law to buy those 
same guns we don't know.
  Not only did the Hatch-Craig amendment fail to deal with the gun show 
loophole; it added three more loopholes.
  Pawnshops: There has been a law that has worked. It said, you are a 
person; you go bring your gun to a pawnshop; before you retrieve it, 
let there be a background check--no harm to anybody. That has been in 
place since, I believe, 1997; it may have been 1996. It has worked. 
Hundreds of felons, I think it is 254, have been caught going to 
pawnshops, and all of a sudden we are going to open it up. Again, give 
with one hand take away with the other.
  What are we saying? Do we want to have a loud speaker go up and down 
the streets of our country saying: Hey, felons, hey, kids, here are 
ways to get around the Brady law; you don't need a background check. 
That is what we are doing here in the Senate.
  Then we have opened another loophole. This one is totally befuddling. 
The instant check system has worked.
  It was proposed by people who didn't agree with me when we wrote the 
Brady law. But we said let's see if this works.
  Well, it has, in about three-quarters of the cases. So people can get 
their check instantly and then go out of the gun shop with their gun. 
No problem, as far as I am concerned. Some people think a cooling off 
period is important, and it may be, but the main purpose we had in 
passing Brady was the background check. If you can do it quicker, fine. 
Still in about 25 percent of the cases the records are not in good 
shape, where there is a glitch in the computer, where the instant check 
doesn't work.
  Right now, the FBI has 72 hours to check. Why in God's name did we 
reduce that to 24 in the Hatch-Craig amendment? Why?
  Let me tell you the particular relevance to gun shows, where it 
applies. If you have a gun show on Saturday, you have 72 hours to 
check. The FBI can go through their records on a Monday. If you have a 
gun show on Saturday and you only have 24 hours to check, there is no 
check at all. Under the Hatch-Craig proposal, you would have to give 
that gun to someone even if they had committed 10 or 12 felonies. Why? 
It did not hurt anybody; it only applied to 25 percent. Yet, we persist 
in creating new loopholes.
  One final thing. Our system has always been one that has recognized 
States rights. We said gun dealers can only sell within their State. 
Under Hatch-Craig, that principle goes. You can go across the country 
to sell a gun at a gun show. Why?
  So not only did we fail to completely close the gun show loophole in 
Hatch-Craig, but we opened three new ones--in my judgment, three big 
ones. Why? Well, I know why. We all know why. It is because of the 
power of the gun lobby, because of the power of the NRA. There is no 
other reason. I have been asking for a rational reason why, and you 
hear ``too much bureaucracy,'' or something like that.
  Well, in this juvenile justice bill, we are creating a lot more 
bureaucracy to put more kids in prison who commit serious crimes. I 
agree with that. I am a pretty tough-on-crime guy. But we don't get up 
on this side and say: too much bureaucracy. We don't hear colleagues on 
the other side say: too much bureaucracy. That is a false argument if 
there ever was one.
  People want bureaucracy when they want Government to do something. If 
you want to put kids or felons away, it is more bureaucracy, more 
prosecutors. I am for it, but it is more bureaucracy. More laws? I am 
for it, but it is more bureaucracy. But when it comes to a law that 
would stop the kids from getting guns, that would stop the felons from 
getting guns, oh, no, no, then it is too much bureaucracy and we can't 
have it. I have never understood the distinction.
  So the bottom line is a simple one. In the legislation we passed by 
one mere vote last week, we did not close the gun show loophole. We 
closed one little loophole and opened up another one to take its place. 
It is as wide open as it was before the legislation, and anyone, as my 
colleague from Nebraska has pointed out, could become a special 
licensee; and then we created three more loopholes.
  Mr. President, we would have been better off without Hatch-Craig than 
we would have been with it. It was easier to stop children and felons 
from getting guns before Hatch-Craig than it is now, if it were to 
become law. So who are we kidding?
  Then one final argument to my colleagues, to my friends on the other 
side--the Senator from Alabama is not here, but he will be even more 
ably represented by the Senator from Utah. That chart has been up here 
for a long time. I think we have heard more talk about that chart than 
about a lot of the legislation we are talking about. But that is fine. 
That is a legitimate argument, in my judgment. But I ask my friends--
they say there is not enough prosecution of firearms violations. I 
agree with them. I agree with the Senator from Pennsylvania, in the 
budget last month, we put in a proposal to add $50 million to do what 
has been done in Richmond, Philadelphia, and in Rochester, NY, to do 
better prosecutions of those who violate Federal firearms laws.
  As you know, most of the firearms laws are State. It has never been a 
Federal responsibility. Folks on the other side want to make it one, 
and that is fine with me. I am not one who says the Federal Government 
should not be involved in crime fighting. In fact, over my 10 years, I 
have pushed the Federal Government to be involved in crime fighting. 
But, again, why does prosecuting those who violate our firearms laws 
contradict closing the gun show loophole? It doesn't. Both should be 
done. They should go hand in hand.
  As I mentioned before, in the debate we had with the Senator from 
Idaho a while back, there are grieving families in Littleton. There may 
be prosecutions of some who gave guns to Mr. Klebold and Mr. Harris, 
who created the tragedy. I am sure those prosecutions don't make the 
parents of the 13 dead children feel any better. I saw one of them 
begging us on television at the rally in Denver last week. They would 
beg us to do both--to prosecute those who violate firearms laws, but at 
the same time prevent children like young Harris and Klebold from 
getting guns to begin with.
  A prosecution occurs after the crime. It sometimes deters crime 
because people don't want to be prosecuted. I have been tough on 
crime--for mandatory minimum sentences, and for incarceration--my whole 
career. But, in God's name, don't use that which is a worthy cause as 
an excuse, as a substitute for simple, moderate things such as closing 
the gun show loophole, closing the pawnshop loophole and allowing the 
FBI system to check when the instant check system doesn't work.
  In conclusion, I know my friends from Nebraska and Utah wish to 
speak.

[[Page 10132]]

This afternoon will be a moment of reckoning on this floor. It will 
determine, very simply, whether we are going to persist, as we have in 
the last few years, about coming up with solutions that don't do the 
job--that are almost designed not to do the job--or whether we can 
actually do some real good in a simple measure, sponsored by the 
Senators from New Jersey and Nebraska, and close the gun show loophole. 
The yeas and nays this afternoon will determine which side each Senator 
is on. The eyes of America will be upon this floor this afternoon. Let 
us pray we do the right thing.
  I yield the floor.
  Mr. HATCH. Mr. President, I have been working very closely with the 
Democratic leadership to try to get this matter to a conclusion. As I 
understand it, including this gun amendment, there are two others, and 
possibly a third besides this amendment. We are going to try to finish 
this bill.
  Now, my personal impression is that they have gone too far. They are 
pushing this way too far. As the manager of this bill, I have tried to 
bring both sides together, and we have made a real effort to do so. I 
am starting to question whether or not we are getting a good-faith 
effort on the other side.
  Now, this is the second time we have debated the Lautenberg 
amendment--the second time. To be honest with you, there is so much 
more in this bill than just the gun matters. I have helped to 
effectuate compromise on the gun matters, which I believe has been to 
the satisfaction of most all Democrats and most all Republicans--not 
all on either side. Here is where we are. We have fought back 
amendments on one side. I was told by colleagues on the other side of 
the aisle they had cut their list of amendments to eight and that 
three, maybe four, including this amendment, would be on gun control.
  Today, they tell us that maybe they can agree to limit amendments. I 
have chatted with one of the top leaders on the Democrat side. He said 
they have agreed that we are going to get this done. But some have said 
maybe they can agree to limit amendments, but only after a vote on the 
Lautenberg amendment.
  You see, they want to vote on Lautenberg, not just twice, but three, 
four, five--who knows how many times. Who is holding up this bill? I 
have to tell you, it isn't us. We will vote on Lautenberg, but I want 
to be sure that we have a unanimous consent agreement to vote on final 
passage.
  I would like to vote on Lautenberg. But that is going to have to be 
the good-faith deal, because that is what I have represented to the 
other side. I think it is time to put this matter to rest. I think we 
can push these gun things only so far, especially when you have seen 
the good-faith effort I have made, and others on our side, to try to 
resolve these problems. The gun issue is an evolutionary issue; there 
is no question about it. We are trying to find ways of satisfying the 
vast majority of Senators. So far, we have been able to do that except 
with regard to the Lautenberg amendment. There is a very good reason 
why we will not vote for the Lautenberg amendment, or why we are going 
to vote for a tabling motion.
  Much has been said about gun shows and how best to limit criminal 
access to guns at these shows. Not much has been said about the black 
market push that is going to happen if we get too bureaucratic about 
it, where people won't go to gun shows, where they will just sell them 
on the black market. That is the last thing on Earth I want, but that 
is what is going to happen.
  I have to tell you, it is time to cut the rug. It is rug-cutting 
time. We are giving them the Lautenberg vote not because we think it is 
a worthy thing to do but because they are insisting on it. But there is 
a time when good faith says we move the bill. If Lautenberg is passed, 
so be it. If it does not pass, then so be it.
  I have been saying for a long time that there have been numerous 
delays in debate on this matter. I have had some indications that there 
are going to be some more delays. We will have to see.
  I am going to encourage my friends on the other side to limit the 
time. Let's get time agreement. Let's move ahead. Let's save the time 
of everybody in the Senate, and let's get a bill that will do something 
about juvenile justice in this country and about solving some of these 
serious problems we have.
  Mr. REID. Mr. President, will the Senator yield?
  Mr. HATCH. Yes; I am happy to yield to my friend from Nevada.
  Mr. REID. I have been here this morning, and, of course, the manager 
of the bill has been here all morning.
  I want to say to everyone within the sound of my voice that nothing 
has changed on this side of the aisle since yesterday. We have agreed 
to cut down our amendments from about 90 to a handful of amendments. We 
have indicated that as far as gun amendments, we had a finite number of 
those we were going to offer. I don't know what has gone on in the 
debate here this morning. I have been trying to follow it as closely as 
possible. But my friend from Utah should realize that nothing has 
changed since yesterday. We want to have a bill. We have worked hard to 
cut down the number of amendments. My friend, the manager of the bill, 
has worked all weekend with the staff to pare down these amendments. In 
short, we want a bill to go forward. We want to finally resolve 
something that the American people can be proud of. We have agreed not 
only on the number of amendments but we have been very fair on the time 
allocation.
  On this amendment today, there has been a good debate. We haven't 
taken an inordinate amount of time.
  In short, I say to my friend, who was kind enough to yield to me, 
that nothing has changed since yesterday. We feel very strongly about 
our positions. We are happy to defend them, articulate, and advocate 
them this morning.
  Mr. HATCH. If the Senator will yield, I will take back the floor. The 
majority leader has asked me to get a time agreement when we finally 
vote. I think we are there. If you are down to eight, or actually seven 
after this one, I can get ours cut down once we know where we are, and 
then we can have final passage, and hopefully before the end of the 
day. I think we can do it.
  Mr. REID. I would say to my friend from Utah, we have been waiting 
for the managers' amendment to be accepted, agreed upon, and at that 
time we will be in a position to lay out what our amendments are. We 
will have time agreements on them.
  As far as final passage, we know that there can be games played with 
that unless we set a time certain for final passage. We want a bill 
passed. We want it to pass in a very short period of time. Nothing has 
changed since yesterday on this side of the aisle. We want to move 
forward in an expeditious manner.
  Mr. HATCH. I appreciate my colleague's remarks. I believe him and 
have great respect for him, as he knows.
  Let me just say this: The managers' amendment is basically agreed to 
between the two managers. It is a matter of making the final drafting 
changes, as I understand it. We intend to have that done and filed and 
approved, hopefully, and probably this afternoon, it seems to me. We 
will try to do that. But let's move this ahead.
  Let me just finish my remarks on this, because I forgot that the 
distinguished Senator from California needs a chance to make her 
remarks. She said she would be 2 or 3 minutes.
  Mrs. BOXER. Yes. Let me just say that I want to defer to Senator 
Kerrey because he has such time problems. I have cleared my deck this 
morning so I can be here all day. I decided it would be fair to allow 
the Senator from Nebraska to proceed.
  Mr. HATCH. I would like to make remarks in rebuttal, if I may, 
because Senator Kerrey has already spoken. But if he needs to speak, I 
will be happy to--if the Senator from California is going to speak for 
2 or 3 minutes, I will be happy to yield.
  Mrs. BOXER. I will yield, and wait until the Senator from Utah 
finishes his remarks, and see where we are at that point.
  Mr. HATCH. I thank the Senator very much.
  I have been saying for a long time that how the Congress will deal 
with

[[Page 10133]]

firearms violence is an evolving process. We began this debate with 
fairly ardent positions on both sides.
  After several days of debate last week, Republicans took a step to 
require background checks at gun shows without substantial cost and 
regulatory burdens, and we passed the so-called bill on that, the 
Hatch-Craig bill. There was some gloating on the other side of the 
aisle, if I didn't misconstrue it. There were some Senators quoted 
talking about eating crow. These comments were not constructive at all. 
They made my job much more difficult on our side. We are here to do 
what is best for our children and to uphold the Constitution of the 
United States, including the second amendment. We are not here to score 
debating points, it seems to me. That type of comment, it seems to me, 
is very unconstructive and not conducive to getting a bill that will 
help our children and our country as a whole.
  I would note, however, that the evolution of this matter continues. 
This time, the supporters of the Lautenberg amendment are making 
changes to their proposal to bring it closer to our plan that we passed 
in the Hatch-Craig amendment. My sense and hope is that our efforts 
will continue to evolve and we will be able to find common ground. That 
to me would be a great, great accomplishment. But I haven't seen that 
yet. We are evolving towards that.
  I appreciate that my colleagues have recognized that the concerns we 
raised were legitimate and they have taken some steps in this current 
amendment to address the concerns. But I certainly don't think they 
have gone far enough. I think they have gone too far in making it look 
like the only matter to consider on this whole bill happens to be guns.
  Let's review how we got here. Under current law, non-licensed 
individuals can sell firearms at a gun show without obtaining a 
background check. This was the loophole that the President, the 
Lautenberg amendment sponsors, and others said they were concerned 
about. Yet, the bill as amended last week now requires background 
checks for these transactions at gun shows.
  Under current law, persons who only want to sell firearms at a gun 
show are not licensed at all and perform no background checks. Our bill 
as amended requires sellers to obtain a federal license to sell 
firearms at a gun show. Because these special licensees, or temporary 
dealers, are now included in the Gun Control Act, they are subject to 
the background check requirements.
  Further, our bill as amended provides civil liability protection to 
those sellers who complied with the background check requirements.
  Our proposal also prevents the Federal Government from taxing 
background check transactions. The liability protection and tax relief 
were powerful incentives for persons to have background checks.
  That is why we put them in the Hatch-Craig amendment.
  Last week, when we first debated the Lautenberg amendment, we pointed 
out several problems.
  First, the Lautenberg amendment's definition of a gun show was, at 
best, unfocused.
  If two neighbors got together with 25 guns each and sold a gun, they 
would have been surprised to find that they had created a gun show and 
were criminals under the Lautenberg amendment because they did not 
conduct a background check or get a permit from the ATF.
  We understand that the revised Lautenberg amendment now modifies the 
definition of ``gun show'' to conform with what is already in the bill, 
what we put in the Hatch-Craig amendment. It isn't totally that way 
because they still have their 50-person standard, and so forth, but 
basically they have come our way on it.
  My colleagues on the other side of the aisle complain that the bill's 
current definition of ``gun show'' would allow ``hundreds of guns'' to 
be sold at flea markets that do not fall under the 10 or more exhibitor 
or 20 percent exhibitor rule. Of course, if a very few sellers were 
selling hundreds of firearms, they would in all likelihood be engaged 
in the business--and that is an important phrase--in the business of 
selling firearms without a license. Under current law, such persons are 
subject to fines, prison sentences or both.
  Secondly, the Lautenberg amendment allowed the imposition of taxes 
and fees on background checks that constitute a substantial cost for 
complying with the law. Now what does that do? That is going to force 
people to not go to gun shows where they can legitimately sell them 
with background checks now that we require it in this bill, and to go 
off and sell them on the black market.
  What we are trying to do and what it seems to me will be the 
inevitable result of some of the approaches under the Lautenberg 
amendment, will be that we will create a huge black market in guns, 
which is exactly the opposite of what we want to accomplish. I am sure 
that the distinguished Senator from New Jersey does not want to 
accomplish that, nor anybody else on this floor, but think it through. 
It doesn't take many brains to realize that is what will happen.
  We understand the revised Lautenberg amendment does not ``impose'' 
taxes on sellers and purchasers. However, the tax to which we objected 
is paid by the person or entity that conducts the background check, not 
to a nonlicensed buyer or seller. Of course, the licensee, special 
licensee or special registrants now in this bill will pass this fee on 
to the buyer or seller who will have to pay it. Of course, they will 
pass it on. They will not just do this out of the goodness of their 
heart. As they do that, people will go into the black market to sell 
their guns, the exact opposite of what the distinguished Senator from 
New Jersey and I and others, who are really trying to do something 
constructive in this area, want to occur.
  In short, notwithstanding its appearance, the revised Lautenberg 
amendment allows for an ATF taxing authority loophole. The revised 
amendment seemingly concludes that we were right, but does not correct 
the problem. So on this provision we have a major concern.
  Third, the Lautenberg amendment required gun show organizers to 
obtain advanced permission from the ATF before holding a gun show. It 
doesn't take many brains to realize that is something nobody wants to 
agree with who believes that gun shows are a time-honored right in this 
society under the second amendment.
  We understand that the revised Lautenberg amendment currently before 
the Senate that will be at the end of this amendment chain to be voted 
upon eliminates the advance permission requirement. However, gun show 
organizers are still required to keep extensive records, so there is a 
substantial burden that would be required, overregulatory burden.
  Fourth, the Lautenberg amendment imposed extensive recordkeeping 
requirements for sales between nonlicensed individuals, thus driving up 
the cost of the background check and intruding into the privacy of law-
abiding citizens.
  That is just typical of what we have to face around here in the zeal 
to score points on guns. We understand that the revised Lautenberg 
amendment may require less records to be kept and may require the 
Federal Government to destroy records held by the instant check 
operator, yet dealers must still keep all records on the buyer. 
Further, the implication that requiring records to be destroyed after 
90 days conveys a new benefit is not accurate. 18 U.S.C. section 
922(t)(2)(C) already requires the instant check operator to destroy 
records of checks that were approved, and the FBI currently destroys 
the records after 90 days. There is no new benefit in this system 
compared to current law. So the Lautenberg amendment does not improve 
current law at all, it just obscures it.
  Some have complained that the Republican plan promotes unaccountable 
interstate gun peddling by gun dealers. Under current law, a dealer 
from one State can go to a gun show in another State and solicit sales. 
He must return home to his licensed premises, however, to ship the 
firearm. And the shipment must be to a licensed dealer. That is current 
law.

[[Page 10134]]

  Our amendment allows one federally licensed firearms dealer to 
deliver the firearm to another federally licensed firearms dealer who 
is located out of State. He still cannot deliver a firearm to a 
nonlicensed individual, but only to a licensed dealer. Thus, the 
purchasing dealer will have to log the firearm into his inventory, will 
be subject to inspection by the Bureau of Alcohol, Tobacco and Firearms 
to find that firearm, and will have to conduct a background check to 
sell a firearm to a nonlicensed dealer. This is about the most 
regulated sale of a firearm for which the Federal law provides.
  Next, some have stated that the current bill's provision for granting 
civil liability protection to people who comply with the background 
check requirement is not prudent. They say that the revised Lautenberg 
amendment provides no immunity for people who transfer guns to felons 
and others who intend to use the guns to commit violent crimes or 
felonies.
  The bill, as amended, recognizes that persons who act properly with 
firearms--this is the amendment by Hatch-Craig--including firearms 
transactions, should not be subject to suit. Indeed, only yesterday, 
the Senate recognized the value of providing limited immunities to 
persons who act properly with firearms, by bestowing qualified immunity 
on persons who properly use child safety laws. This is a key incentive 
in the Kohl-Hatch-Chafee child safety lock amendment. The same reasons 
for affording civil liability protection apply here. Keep in mind we 
have evolved towards having something that brings both sides together. 
The current Lautenberg amendment split both sides apart and will 
result, in my opinion, in more black market sales in this country, to 
the detriment of the country.
  Further, some complain that our bill dismisses certain suits. These 
are only those suits at which nonlicensed individuals have voluntarily 
sold a firearm through a licensed dealer who conducted a background 
check. If persons are now voluntarily having background checks 
performed at gun shows, they should not be penalized for doing so. That 
is something we want to encourage. We want to give incentives for that.
  I also note that the bill provides no immunities for criminal sales 
of firearms. If a seller knowingly transfers a firearm to a buyer who 
will use that firearm to commit a crime of violence or a drug 
trafficking crime, he is subject to severe criminal penalties. Further, 
if the seller is convicted of that offense, the bill expressly provides 
that he is not entitled to civil immunities. Thus, he could be sued for 
compensatory and punitive damages.
  Some have complained that the bill, as amended, does not impose stiff 
enough penalties on special licensees and special registrants for the 
failure to obtain a background check. However, current law suspends the 
license and imposes a fine on dealers who do not conduct a background 
check. Our bill maintains the current penalties for background check 
failures and imposes tough mandatory minimums for the knowing transfer 
of a firearm to a juvenile who will use that firearm in a crime of 
violence. That is a major change. And we put it in our bill. In fact, a 
lot of these things that were requested by the President we have in the 
bill. We had them in there before he requested them. I suspect he might 
have had somebody look at the bill.
  Further, through our aggressive firearms prosecution program, the 
CUFF Program, and the prosecution reporting requirement, we ensure that 
some of these violations actually will be prosecuted by the Attorney 
General--something that hasn't been undertaken in earnest over the last 
6 years.
  Remember, of the thousands of possible cases, the Attorney General 
only prosecuted one Brady case, one Brady background check violation, 
from 1996 through 1998. Of the thousands they claim, 225,000 turned 
back felons, one prosecution.
  The Lautenberg amendment not only fails to include the tough 
mandatory minimums found in the Republican plan, it acquiesces in the 
Attorney General's almost complete failure to prosecute Brady 
violations. This makes no sense. If we in Congress pass criminal 
statutes, it is the duty of the Attorney General to enforce those laws. 
Our bill recognizes that we have a problem at the Department of Justice 
and our bill does something about it. Some have also stated that our 
bill has the potential for invading the privacy of gun owners by 
nonspecial registrants and special licensees to conduct background 
checks. This argument goes that by requiring the Instant Check operator 
to destroy records of an approved background check immediately, special 
licensees and special registrants will be able to conduct background 
checks on anyone, even non-gun buyers, and there will be no audit trail 
to catch them.
  Of course, special licensees and special registrants will have to 
undergo a background check, a field examination, and an interview just 
to obtain their license or registration. And they must keep records of 
the persons for whom they used the Instant Check system. Thus, the ATF 
can take these records, contact the persons listed, and determine if 
they attempted to purchase a gun using the services of the special 
licensee or the special registrant. If they did not, the special 
licensee or the special registrant will be held accountable, just as 
dealers are now.
  Further, gun owners would much rather entrust their privacy interests 
to special licensees and special registrants than to the Federal 
Government. The argument that more record keeping on lawful gun 
ownership by the Federal Government would protect privacy better than 
less record keeping by the Federal Government carries little weight.
  Mr. President, all of these concerns are less than compelling. The 
plain fact of the matter is that the revised Lautenberg amendment, 
though improved to look more like the Republican proposal, is still not 
as good as the current bill as amended.
  The revised Lautenberg amendment still fails to provide qualified 
immunity to persons who obey the law and act appropriately with 
firearms, even after the Senate voted only yesterday to provide 
qualified immunity when parents properly use child safety devices or 
child trigger locks.
  The revised Lautenberg amendment still fails to provide tax relief to 
licensees and others who perform background checks. And the revised 
Lautenberg amendment still fails to relieve gun show operators or 
organizers of substantial new recordkeeping requirements.
  Some are complaining that the 24-hour requirement for instant check 
is not good enough. They would require 3 days. But gun shows only last 
3 days. If we do not have a 24-hour instant check requirement, the gun 
show is going to be over. The ATF has the technology and the funding to 
get the job done in 24 hours, and it should. We should not force people 
into a black market where there are no licenses, no records, and no 
background checks. We do not need to do that.
  Further, we even offered to make the background check requirement for 
special licensees express. But my colleagues on the other side of the 
aisle rejected this, or objected to my modification of my own 
amendment, one of the few times in my 23 years where a Senator was 
refused the right to modify his own amendment to please the other 
side--even though it was not necessary, in my view, and I think in the 
view of any reasonable person who looks at it.
  I want to make sure that persons who sell a substantial number of 
guns come inside the gun show and get a Federal license. These special 
licensees must submit to a background check and an ATF interview, they 
must comply with the Gun Control Act, and they must conduct background 
checks--something that has evolved into something that both sides ought 
to be willing to agree to.
  Mr. President, there is one firearm-related provision on which I hope 
we can reach bipartisan agreement. And that is the treatment of pawn 
shops, gunsmiths and repair shops that have traditionally been exempt 
from the requirement to conduct background checks when they simply 
return a firearm to its owner. Prior to the 1993

[[Page 10135]]

Brady law, States required pawn shops to report the pawn of a firearm 
to State or local law enforcement agencies. Thus, there was already a 
state law check on the firearm. The Brady law, however, when it passed 
inadvertently required a Federal background check on returned firearms 
in addition to the state check. The pawn shops raised concerns because 
State law already required them to undergo a background check and 
because waiting on a background check to be returned before returning a 
firearm to its rightful owner affected their business.
  Because these were real concerns, many in Congress supported an 
exemption to the Brady law which exempted pawn shops, gunsmiths, and 
repair shops from the Federal background check. It passed the Congress 
as part of the 1994 crime bill. Many of the people attacking the Hatch-
Craig amendment's so-called pawn shop loophole voted to do the same 
thing in 1994 when the crime bill passed. Frankly, if what we included 
in the Hatch-Craig amendment is a loophole, it was a loophole when 
Senator Lautenberg voted for the crime bill in 1994 and when President 
Clinton signed it into law.
  Indeed, after the Brady law passed, Senator Schumer even wrote a 
letter to the Treasury Department asking them to draft regulations to 
exempt pawn shops from the Federal background check requirement. To be 
fair, however, I should note that then-Congressman Schumer did vote 
against the amendment to the 1994 crime bill that provided the 
statutory exemption for pawn shops, but he still took a position in his 
1994 letter to the Treasury Department which is consistent with our 
amendment.
  If the pawn shop exemption from a Federal background check is a 
loophole now, it was a loophole in 1994 when Senator Schumer asked the 
Treasury Department to draft it.
  The Craig amendment that we passed last Wednesday simply restored the 
exemption for pawn shops that had been part of the Brady law for 4 
years. Thus, this was not a major change in law, but a change back to 
how the Brady law read from 1994 to November 1998 when the exemption 
lapsed as the Instant Check system became effective.
  However, I know that the good Senator from New York has legitimate 
concerns and wants to address those concerns. Neither of us want a 
person to commit a crime and then get a firearm. However, I believe 
neither of us want to overburden legitimate business transactions.
  As I have stated repeatedly--it is my goal to find common ground on 
these issues. Wherever possible, I want to do what's best for our 
children and the public in a manner which is consistent with our oath 
as Senator to uphold the Constitution. Frankly, I viewed this provision 
as a technical matter--one which should not be politicized.
  I just have a minute more to go, maybe a minute and a half, because I 
know there is limited time here.
  Let me just sum it up.
  Thus, the revised Lautenberg amendment is a small step in the right 
direction. And I sincerely appreciate that step. However, in my view, 
it fails to go far enough, and it may create more problems than 
currently exist.
  The current bill as amended strikes the appropriate balance between 
the privacy interests of law abiding citizens and the public interest 
in preventing criminals from obtaining guns. The powerful incentives 
included in our plan will ensure that persons comply with the mandatory 
background check requirement on all sales at gun shows. The Republican 
plan also gives law abiding gun owners the peace of mind that they have 
not inadvertently transferred a firearm to a felon, and requires the 
Attorney General to begin prosecuting the criminals who violate the 
existing gun control laws, something that has not been done, now, for a 
number of years, maybe the whole time of this administration--since the 
Brady bill.
  Accordingly, when the time arrives, I will move to table the revised 
Lautenberg amendment in order to allow the bill as currently amended to 
stand, because I think it will do a better job of accomplishing what 
everybody here seems to want, everything the current Lautenberg 
amendment will do.
  I am sorry this took so long. I apologize to my colleagues, but it 
was important to make these points.
  The PRESIDING OFFICER. The Senator from Nebraska.
  Mr. LEAHY. Will the Senator yield me 30 seconds?
  Mr. KERREY. Yes.
  Mr. LEAHY. Mr. President, I never knew how much control I had over 
the schedule of debate, other than to find any time I step off the 
floor for a few minutes I can almost be guaranteed my friend from Utah 
will have a criticism of the way we are handling things over here.
  So, while we are both on the floor, I tell him we have pared back to 
a dozen or fewer from the 90 possible amendments entered in the consent 
agreement last Friday. We have made significant progress. But also, 
because a number of Senators have pulled down amendments over here, 
amendments on our side, we have done it notwithstanding what we had to 
put up with when the Senator from New York and I were virtually 
ridiculed when we pointed out the flaws in the original Craig-Hatch gun 
legislation, something that took 2 days of voting and revoting as they 
drafted and redrafted and redrafted it, as the flaws became evident.
  They do not want to have up-or-down votes; they want to table 
everything. We have not done that on one the other side came up with 
yesterday that would have walked all over our State legislatures. That 
was voted down.
  The fact of the matter is, we are going to have a series of votes 
this afternoon. If Senators will work at it, we can finish this bill 
today. But I say, as I said before, it is the Senators who should set 
the schedule, it is the Senators who should set the debate, and not the 
gun lobbies.
  The PRESIDING OFFICER (Mr. Burns). The Senator from Nebraska.
  Mr. KERREY. Mr. President, the Senator from Utah said we are trying 
to make this amendment look like the Republican amendment. I may want 
to look like the Senator from Utah in many other ways, but we did not 
try to make this amendment resemble in two very key ways the amendment 
that was adopted last week.
  I appreciate very much the concern about the regulation. In fact, as 
I said, the Senator from New Jersey made a number of changes to reduce 
the regulatory requirements. All we have left are the same regulatory 
requirements that all licensed gun dealers have to go through.
  We will see about 3.5 million handguns sold this year through 
licensed dealers and 2 million in nonlicensed environments. What we are 
trying to do, for those of us who believe that background checks--there 
are some who do not. There are some who voted against the Brady bill 
and did not like the background checks. That is fine, but I think they 
have worked. They have reduced in America the number of felons who have 
handguns. They have reduced the number of people who are dangerous with 
guns from having handguns. It is generally accepted that the evidence 
shows Brady has worked and it has made America safer as a consequence.
  What we have, though, is a regulatory differential. All of us can 
understand that. If one group of people are regulated one way and 
another group of people are regulated another way, it can produce some 
significant distortions in people's behavior.
  Right now, it is easier to go to the 2,000 to 3,000 gun shows every 
year and buy a handgun or another gun than it is from a licensed 
dealer. Why? Because you do not have to go through a background check. 
You do not have to do the same things that you do through a licensed 
dealer. I do not know if the concern about the black market was raised 
when Brady was passed. Perhaps it was. We did not create a black market 
with Brady. We still have people who are either felons or who should 
not have handguns, who are mentally unstable, or have something in 
their background that makes them, in the judgment of law enforcement, 
dangerous to own a gun.
  Mr. HATCH. Will the Senator yield?
  Mr. KERREY. I have 9 minutes left.
  Mr. HATCH. If the Senator will yield on that point, it is not Brady 
we are

[[Page 10136]]

talking about. It is gun shows we are trying to resolve, and if we do 
not resolve it right, you are going to create a black market.
  Mr. KERREY. But the Senator said his fear with the regulation is that 
we are going to have black markets. All we do--and I urge colleagues, 
especially the public to listen--is we say to a gun show operator, like 
every other licensed dealer, a gun show promoter has to register with 
ATF and pay a small fee.
  We are not passing on the cost of the background check. Brady does 
not allow that. I voted against that. It does not allow us to pass on 
the cost of the background check. All it says to the gun show operator 
is you have to do the same thing a licensed gun dealer has to do. You 
have to register with ATF and pay a small fee.
  Secondly, the gun show vendor has to show proof of identification 
when they check in at the gun show to verify they are who they claim to 
be. And the third requirement, hardly a prohibitive burden, in my 
judgment, is they have to notify people at the show that there are 
going to be background checks. You can do that with a sign.
  Neither one of these three things is what I call a burdensome 
regulation, for gosh sakes. They are what licensed dealers have to do, 
exactly what licensed dealers have to do.
  Again, last week when the Craig-Hatch amendment was adopted, the 
headline in the Omaha World Herald was: ``Republicans Close Gun Show 
Loophole.'' Under this amendment, this is what you can do to get an 
exception. It is true gun shows will have to do background checks, 
except for people who have special licenses. Look who gets a special 
license: Somebody who is buying or selling firearms solely or primarily 
at gun shows. That is the first exception. Basically, I am saying, yes, 
if you are a gun show, you have to do a background check, you have to 
do everything a licensed dealer has to do unless you are a gun show. If 
you are a gun show, you do not have to do it. That is one of the 
exceptions provided in this law.
  Again, if you want to go home and say, yes, I voted to close the gun 
show loophole, right in this thing it says I can get a special license 
to operate a gun show without having to do background checks if I am 
buying or selling firearms solely or primarily through gun shows. It 
does not get the job done.
  We impose regulations on licensed gun dealers. I have consulted 
licensed gun dealers in Nebraska. I said earlier, I am a supporter of 
the second amendment. I believe the right to bear arms means something. 
I believe the right to bear arms does not give me an unlimited right to 
bear arms, just as the first amendment does not give me an unlimited 
right to speak.
  There are limitations on my right to bear arms. These are reasonable 
limitations to keep all the rest of us safe. The leading cause of death 
of teenagers in the United States of America is homicides and suicides. 
We are the only industrial Nation that has that.
  We are not talking about picking up guns. We are trying to put 
something together that, like Brady, will reduce the opportunity of 
felons and people who have other things in their background which might 
make them an unreliable owner to have access to guns.
  This is not an unreasonable regulation. This is exactly what licensed 
gun dealers have to do. The Craig-Hatch amendment simply does not get 
the job done because it allows somebody to say: I am going to get a 
special exemption because I am a gun show operator.
  Secondly, I do not know the history regarding the loophole having to 
do with pawnshops, but for gosh sakes, we do not want to allow somebody 
to basically go in to a pawnshop and say: Here is my 357 Magnum, and I 
would like to get a certificate.
  Maybe they stole it. A high percentage of people are concerned about 
pawnshops doing business, but we want that person to have to go through 
a background check when they pick up that gun. It has to be that a 
fairly significant percentage of those guns have been stolen and 
acquired in some way we suspect may put other law-abiding citizens at 
risk. It is not unreasonable when they come back to redeem their 
handgun that they have to go through a background check. That is not an 
unreasonable limitation of their second amendment right to bear arms. 
That is a reasonable limitation.
  We understand that in a civil society, we have to give up a little 
bit of freedom from time to time in order to have a civil society. We 
do that. I do not have an unlimited right in freedoms. I have 
responsibilities as well, Mr. President.
  This amendment corrects a deficiency in the Hatch-Craig amendment 
that is terribly important. It will make Americans safer. It will 
reduce the chances at gun shows that people who are dangerous who 
should not have guns will be able to buy them. It will reduce that 
chance.
  Is it going to solve all the problems that are associated with 
juvenile crime and violence in America? Absolutely not. But it is 
absolutely reasonable to say that if you are a gun show, we are going 
to regulate you when it comes to background checks the same way we do a 
licensed dealer, the same way that we regulate anybody who wants to set 
up a licensed operation: a license from ATF and they have to do 
background checks.
  Sometimes they have local ordinances that are even more severe. In 
Omaha, you have to go to both the police department and to the 
sheriff's office in order to eventually do a transaction when you are 
purchasing a handgun. It may have seemed unreasonable in the beginning, 
but it is working. It is making our country safer.
  I hope colleagues who are genuinely trying to close this loophole 
will consider that this amendment gets the job done; this amendment 
will make America safer. It is not an unreasonable change in our law. 
For those of us who believe the right to bear arms has meaning, it is a 
reasonable change. In fact, I think it is going to make it more likely 
that we will keep the laws that will allow law-abiding Americans to own 
guns and use those guns to hunt, to target practice, and all the other 
legal applications for which, obviously, guns are used. I hope this 
amendment is considered seriously by colleagues who want to close this 
loophole and they will support the Lautenberg-Kerrey amendment.
  The PRESIDING OFFICER. The Senator from Utah.
  Mr. HATCH. Mr. President, it is now 12:19. I understand the 
distinguished Senator from California wants 3 minutes. I ask unanimous 
consent that she be granted 3 minutes to make her statement, and then I 
also want to have 1 minute to finish my side.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
Senator from California is recognized for 3 minutes.
  Mrs. BOXER. I thank the Chair. I thank the Senator from Utah for 
extending me this courtesy.
  I have been sitting on the Senate floor since about 10 this morning 
listening to what has been a very fine debate. What I would like to do 
in these 3 minutes is put this whole debate into the context of 
reality.
  We can talk theoretically, but I think reality has finally begun to 
hit the American people. I think that is why we have seen, finally, 
proper attention given to sensible gun laws.
  We can see here in the 11 years of the Vietnam war, tragically we 
lost 58,168 of our finest people. That is 58,168 families devastated--
devastated--by such a loss. Who knows what the potential of those 
people would have been? Certainly we know that war brought this country 
to its knees, and whether you supported it or did not, everyone--
everyone--grieves that loss.
  In 11 years in America in the war at home, 396,572 gun deaths, I say 
to my friends on both sides of the aisle, 11 years, almost 400,000 of 
our people killed; 396,572 families devastated. Many of those are 
children. Every day in this country we have the equivalent of a 
Columbine loss. Thirteen children a day are killed in my home State of 
California. The No. 1 cause of death to children in my home State--
Gunshots.
  So what are we trying to do in this debate with the juvenile justice 
bill on both sides? I think we want to make this country safer for 
children. The debate comes on how you do it.

[[Page 10137]]

  The distinguished Senator from Utah said: You're pushing gun 
amendments on us. And just how far do you want to go?
  My answer, as just one Senator, is: As long as it takes to change 
this. We have to change the reality that our children face.
  When you ask parents today, do they feel secure when they send their 
kids off to school, no, they don't.
  One of the things we could do is close the gun show loophole. Senator 
Lautenberg offered us that opportunity. It was voted down narrowly. He 
and Senator Kerrey have teamed up. They have made a few changes which I 
think strengthen the amendment. We want to try again to close the gun 
show loophole.
  I ask unanimous consent that this op-ed in the Los Angeles Times by 
Janet Reno be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                      [From the Los Angeles Times]

                   Let's Close the Gun Show Loophole

                            (By Janet Reno)

       The U.S. Senate has a historic opportunity to make our 
     streets and communities safer by closing the loophole that 
     lets felons, fugitives and other prohibited people buy deadly 
     weapons at gun shows without Brady background checks. Last 
     week, the Senate passed an amendment that not only fails to 
     close the loophole but creates new ones, letting criminals 
     redeem their guns from pawnbrokers without background checks, 
     weakening the Brady checks that currently are made at gun 
     shows and, for the first time in more than 30 years, allowing 
     federal firearms dealers to cross state lines to sell guns.
       I have watched this debate unfold with sadness, but I 
     remain committed to working with the Senate on this issue. In 
     1993, we worked in a bipartisan fashion to pass the Brady 
     law, which has prevented more than 250,000 felons and others 
     who should not have guns from getting them. I am hopeful that 
     we can regain this spirit of bipartisanship and, together, 
     take the common-sense step of expanding the Brady law's 
     protections to gun shows.
       So far, the Senate has passed two gun show amendments, but 
     neither one actually closes the gun show loophole. Although 
     the second proposal is in some ways better than the original, 
     regrettably--and contrary to some reports--the modified 
     amendment leaves the most dangerous loopholes of the original 
     amendment untouched and adds at least one more, by weakening 
     the Brady checks currently done at gun shows.
       While the new proposal would require some buyers to get 
     background checks at gun shows, it would not ensure that all 
     such sales go through a check. Moreover, it cuts back the 
     time that law enforcement has to complete a Brady background 
     check from three business days to 24 hours, even though the 
     court records that are sometimes needed to finish the check 
     are unavailable on weekends when most gun shows take place. 
     This increases the chances that criminals will be able to buy 
     weapons at weekend gun shows, because if the background check 
     cannot be completed within 24 hours, the criminal can get the 
     gun. Although more than 70% of Brady background checks can be 
     completed within minutes, some require law enforcement 
     officers to track down additional records.
       With all of the flaws and loopholes created by this 
     amendment, even in its modified version, is there a better 
     alternative? Fortunately, there is. Last November, President 
     Clinton directed Treasury Secretary Robert E. Rubin and me to 
     make recommendations on closing the gun show loophole. We 
     published a report in January that lays out a streamlined 
     approach using federally licensed firearms dealers to do all 
     the background checks at gun shows, even for unlicensed 
     sellers. We also proposed a way to get limited information 
     about the makes and models of guns sold so that we would have 
     the ability to trace the guns if they were later used in a 
     crime. In contrast, the amendment passed Friday will decrease 
     our tracing ability, because checks will be done by people 
     who have no obligation to cooperate with tracing requests.
       Our proposal allows gun shows as we know them to continue 
     but ensures that no one who is barred from having a gun can 
     buy one at a gun show. The carefully drafted bill by Sen. 
     Frank R. Lautenberg (D-N.J.) follows many of our 
     recommendations.
       There is still time for the Senate to revisit this 
     important issue and adopt legislation that plugs the gun show 
     loophole once and for all. We want to work with Congress to 
     develop sound, workable and effective proposals to close 
     loopholes in our gun laws. The current amendment, even as 
     modified, moves us in the wrong direction.

  Mrs. BOXER. I simply say that Janet Reno has talked here about why it 
is important to try to finally close this loophole. She points out that 
the Senators on the other side who offered their loophole closing 
simply did not close the loophole. Senator Kerrey pointed out that new 
designation of dealers who were exempted.
  The pawnshop loophole, let me talk about that, my friends. This 
weakens the law from its current status.
  I ask for 30 additional seconds, and then I will close.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. BOXER. The pawnshop loophole, which was opened up by my friends 
on the other side, if you are going to a pawnshop, you are five times 
more likely to be a criminal. What they do is to say no background 
checks anymore. What else do they do to weaken the current law? They 
say that you can only have 24 hours to finish the background check at a 
gun show.
  My friends, in 20 percent of those cases they need more time; they 
have to call the FBI. The FBI is telling us that isn't a good step; it 
is going the create more death and destruction.
  So, in closing, let me urge my colleagues on both sides of the aisle 
to finally close this loophole in the right way and support the 
Lautenberg-Kerrey legislation.
  I yield the floor. I thank my colleague from Utah for his generous 
spirit in giving me this time.
  The PRESIDING OFFICER. The Senator from Utah has 1 minute.
  Mr. HATCH. I may need a little bit more than that because of Senator 
Kerrey's remarks and the remarks of the Senator from California. So I 
will ask unanimous consent when I do that.
  Senator Kerrey says a lot of pawnshop guns could be stolen. But let 
me remind the Senator that State law already requires a check with 
State or local law enforcement agencies. If the gun is stolen, the 
State law catches this. So the Lautenberg amendment does not do 
anything particularly good on that.
  Without the special license provision, gunsmiths and others will not 
go into a regulated gun show. It is just that simple. These people 
generally do not have to be licensed now. Under the bill as currently 
amended, we require them to keep records and to comply with all of the 
provisions of the Gun Control Act. If we regulate gun shows without a 
special licensee, we will force these people into the black market. So 
let's require them to be licensed. That is one of the points I was 
making there. All the other points I made I do not think have been 
rebutted at all.
  Mr. President, we now reach that point where we have the debate on 
four amendments, 10 minutes equally divided. We will begin with the 
Wellstone amendment No. 358; then we will go to the Sessions amendment 
No. 357; then to the Ashcroft amendment No. 361; and then the Santorum 
amendment No. 360, with the votes to occur beginning at 1 p.m., as I 
understand it.
  Should we go with Sessions first? I will be happy to do that. Let me 
rearrange the order. We will start with Sessions amendment No. 357, 
then Wellstone amendment No. 358, then Ashcroft amendment No. 361, and 
then Santorum amendment No. 360. OK.
  The PRESIDING OFFICER. The Senator from Alabama is recognized.


                           Amendment No. 357

  Mr. SESSIONS. Mr. President, is there a time agreement on this 
debate?
  The PRESIDING OFFICER. Ten minutes equally divided.
  Mr. SESSIONS. Mr. President, from time to time, those of us in 
Congress hear complaints about governmental literature, brochures, 
pamphlets, and booklets paid for by the taxpayers who believe there is 
contained within them messages, content, material, tendencies, and 
philosophies that they believe are unjustified.
  It is not possible, frankly, for us to manage that, as probably most 
people think we do. Particularly, this juvenile crime bill will produce 
about $1 billion in new spending for juvenile crime, and over half of 
that will be for prevention. Much of it will then be used, as part of 
the prevention effort, to produce certain literature that will be used 
in schools and other organizations.
  So the question is: What do we do about it? Someone suggested that, 
well, you need to pass a law that prohibits them from spending money 
which says things that may offend me.

[[Page 10138]]

I am not sure how we could write a law that would say that. I am not 
sure we even ought to attempt to do that.
  But there is a problem, a disquiet, an unease in America about some 
of the material getting printed at taxpayers' expense. Both liberals 
and conservatives sometimes are not happy with material. So I thought 
this would be a suggestion that we might try with regard to the funds 
expended under this juvenile offender accountability grant program that 
we have.
  There would be a disclaimer, language placed on all literature funded 
by this bill. It would simply say this: ``These materials are printed 
at Government expense.''
  In addition, it would have these words: ``If you object to the 
accuracy of the material, the completeness of the material, the 
representations in the material, including objections to the material's 
characterizations of persons' religious beliefs, you are encouraged to 
direct your comments to the Office of the Attorney General of the 
United States.''
  It directs the Attorney General to designate an office. There is an 
address that will be put on the literature to receive the material and 
to periodically, every 6 months, send a summary to the Congress of what 
the comments received were, because we are funding these materials.
  When we send a grant to a certain community to do a drug treatment 
program, a mental health program, or an antiviolence program, the 
Members of this body may not know what was in that material. Oftentimes 
people get it and they do not like it. They think it is inaccurate or 
unfair. I think they ought to have a chance to express that.
  I do not know how anybody could believe this would be an 
objectionable thing. If the Government is going to fund the literature, 
people ought to be told that they can object and where they can send 
their objection. If there are numerous objections, we can take a look 
at them. If it is inaccurate or discriminates against a particular 
group, then we ought to be prepared to ask questions in our oversight 
capacity in Congress. As chairman of the Youth Violence Subcommittee, 
we have oversight over the Office of Juvenile Justice programs. We look 
at Office of Juvenile Justice programs. So if we are getting a lot of 
complaints about the material, we can raise that with them and make 
sure they are exercising legitimate supervision over those materials.
  It is a simple amendment. I do not think it would cost anything. The 
Attorney General could certainly be able to receive these materials, 
assemble them, and summarize them for the Congress. They could be 
maintained so that if anybody wanted to, they could go read the 
complaints. I think it would result in high-quality literature. In 
fact, I think that if a person knows when they are producing literature 
that it is required to put on it information concerning complaints and 
writing the Attorney General of the United States, they are probably 
going to take more care to see that the material is produced accurately 
and fairly.
  Those are the comments I have on that at this time.
  On the other matter regarding gun shows, I think that what is 
frustrating the people that I am hearing from, and that I think most of 
us are hearing from, is that people who go to gun shows are good 
people. A gun show is a traditional thing.
  Has my time expired?
  The PRESIDING OFFICER. The Senator is correct.
  Mr. SESSIONS. Mr. President, I ask unanimous consent for 1 additional 
minute.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SESSIONS. They are getting tired of being blamed. These are good 
people. The murder rate in Washington, DC, is one of the highest in 
America. Who suggests that the guns criminals have here come from gun 
shows? That is not where guns used in crime are coming from. What I am 
hearing is, let us prosecute the criminals with the guns. That is why 
General Reno's comments are, to me, frustrating, almost irritating, 
because during her watch we have seen a collapse of the prosecution of 
criminals with guns, a 40-percent decline. At the same time, we want to 
shift burdens on people who are not committing crimes. That is what is 
causing the tension here.
  Senator Hatch has worked very hard with the Members of the Democratic 
Party to try to reach an agreement in which we can maintain accurate 
controls over guns that are sold in gun shows and so forth but, at the 
same time, not burden excessively innocent people.
  I thank the Chair.
  The PRESIDING OFFICER. Who yields time?
  Mr. HATCH. Mr. President, I do not know of any opposition to the 
amendment or anybody to speak on it. I wonder if the minority will 
yield back its time?
  Mr. President, I ask unanimous consent that we reserve the time in 
opposition to this amendment and we move on to the next amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. HATCH. Mr. President, I suggest the absence of a quorum with the 
time charged to the proponents on this amendment.
  The PRESIDING OFFICER. The clerk will call the roll.
  Mr. HATCH. Mr. President, I suggest the absence of a quorum with the 
time charged equally.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will call the roll.
  The legislative assistant proceeded to call the roll.
  Mr. WELLSTONE. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                     Amendment No. 358, As Modified

  Mr. WELLSTONE. Mr. President, I ask unanimous consent that my 
amendment, as modified, be sent to the desk. I believe this has been 
cleared with the other side. It is technical. There were some original 
cosponsors, Senator Mikulski and Senator Harkin.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  Mr. HATCH. Mr. President, reserving the right to object, what is the 
change that was sent? I am sorry.
  Mr. WELLSTONE. The amount of money originally was improperly 
designated. I also added two original cosponsors.
  Mr. HATCH. No objection.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The text of the amendment (No. 358), as modified, is printed in 
today's Record under ``Amendments Submitted.'')
  Mr. WELLSTONE. Mr. President, let me just start out by saying that 
one of the real weaknesses in this legislation as it is now written is 
that there is no specificity about the allowable use of funding for 
school-based counseling or mental health services to all students 
through qualified counselors or psychologists or social workers.
  My colleague, Senator Sessions, has referred to other activities that 
can be used to prevent juvenile delinquency, but this phrase is vague. 
It gives no encouragement to schools to use the funding that they need 
to have the counselors.
  The only place where we really might see an opportunity for 
counseling services would be in boot camps and community-based projects 
and services, but kids already have to be delinquents in order to 
receive this kind of counseling.
  Mr. President, what I say here today is that I do not know about 
other colleagues, but as I travel Minnesota, what I hear more than 
anything else, above and beyond the need to get tougher on guns, is, 
Senator, we need more counselors. We need to have an infrastructure of 
support for our children in our schools. This amendment is the 100,000 
school counselors amendment.
  This amendment would call for funding from the Federal Government, on 
a one-third, one-third, one-third matching basis. It would be $340 
million a year over the next 5 years. Now, my colleagues on the other 
side of the aisle

[[Page 10139]]

may stand up and say: This is $340 million a year.
  To that, I say to my colleagues on the other side: When are we going 
to get serious? We continue to talk about children. We continue to talk 
about our concern for children. Now we are talking more and more about 
our concern for at-risk children. Now we are talking more and more 
about how to get to kids before they get into trouble. And what we hear 
all across our land from our educators, from women and men who are 
working with children every day, is that we don't have the funding for 
counselors.
  Mr. President, right now we have an average of about 1 counselor per 
500 students across the land. One counselor for 500 students. That 
counselor can't even begin to reach out and help some of the kids who 
are in trouble.
  This is a huge weakness in this legislation. If we want to get to 
kids before they get into trouble, if we want to respond to the voice 
in the country about what we need to do better--and I hear this from 
everyone in Minnesota--then we need to support this 100,000 school 
counselors amendment. There is nothing we can do that would be more 
important.
  The PRESIDING OFFICER. The time of the Senator has expired.
  Who yields time? Who yields time in opposition to the amendment? Who 
yields time in opposition to the Wellstone amendment No. 358?
  Mr. HATCH. Mr. President, I yield such time as he needs to the 
distinguished Senator from Alabama.
  The PRESIDING OFFICER. The Senator from Alabama is recognized.
  Mr. SESSIONS. The Senator from Missouri is here, and when he is 
ready, I will yield to him.
  Mr. President, I am not hearing every day that what we need as a No. 
1 priority of schools in America is more counselors. There are a lot of 
needs in schools. Maybe we need to expand Head Start, maybe we need 
other programs, maybe we need computers, or mentoring programs, some of 
which work well. We have not had hearings on it. This is an issue that 
ought to be raised in the Senator's Education Committee, and it ought 
not to be part of a crime bill at this time.
  Mr. HATCH. Mr. President, let me once again start by complimenting 
the Senator from Minnesota's commitment to the problems associated with 
mental health conditions.
  I share his commitment, but I have a number of grave concerns about 
his amendment to provide $1 billion a year in new funding to hire over 
100,000 school-based mental health personnel.
  As I noted in my statement yesterday, there is no evidence whatsoever 
to support the assertion that the recent tragedies in Colorado and 
Oregon would have been prevented by having more school counselors.
  Let me reiterate what I observed yesterday: it has been reported that 
both Eric Harris and Dylan Klebold had gotten fairly extensive 
individual counseling, had undergone anger-management training and had 
gotten affirmative evaluations from counselors.
  One of Dylan Klebold's teachers had expressed concern about some of 
the things he was writing in English class to a counselor.
  It has also been reported that the 15-year-old Oregon killer, Kip 
Kinkel was currently in counseling, along with his parents, when he 
killed them and went on to kill two of his classmates and injure a 
number of others.
  Please don't misunderstand me, Mr. President, I do not want in any 
way to undercut the very fine and vital work done by counselors in my 
state of Utah and around the country. I respect them. Their work is 
important and valuable and I support their efforts 100 percent.
  I merely make the point that more counselors would not have prevented 
these recent tragedies.
  Additionally, Mr. President, as a parent and grandparent, I have an 
almost knee-jerk reaction whenever I hear that the federal government 
is--once again--attempting to micromanage public education.
  I believe that we can best support our local schools by adequately 
funding current federal education programs and allowing state and local 
education agencies the flexibility to make important education 
decisions unencumbered by federal regulation.
  I sincerely beleive that $1 billion of new federal taxpayer dollars 
will not do as much to encourage a renewed commitment to strengthen 
mental health outreach as local school boards, parent groups and local 
civic mental health and law enforcement organizations working together.
  This amendment is a Washington knows best, big money, unfunded answer 
to complicated questions that can best be addressed through local 
efforts.
  Mr. President, I get am getting a little tired of seeing some of our 
colleagues throwing money at issues without regard to costs. I am 
geting a little tired of hearing that the answer to everything around 
here is simply to throw more money at it. There is no question that 
counselors can be effective, but a lot of other things are too, and we 
have a lot of effective programs in this bill. Frankly, it is time to 
get this bill passed and quit delaying it.
  Mr. WELLSTONE. Mr. President, I ask unanimous consent for 30 seconds 
to respond.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WELLSTONE. This is a modified amendment. It is for $340 million a 
year, not $1 billion, as the Senator said. All Senators should know 
that.
  Second of all, I get a little tired of Senators talking about how 
much we care about kids and education, and we can't have our schools 
and school districts put in some money, which we will match, so we can 
have more support services for these kids. We gave $8 billion more for 
the Pentagon than the President wanted. We got money for breaks for oil 
companies and money for breaks for all sorts of other special 
interests. But all of a sudden we don't have the money to provide 
resources for these school districts.
  Mr. HATCH. Mr. President, we continue to throw money at these 
problems and not solve them. First, the Senator's bill called for $1 
billion and now it calls for $340,000,000. Which one is it? And how do 
we know that this latest amount is what is needed? We can't keep 
pulling extraordinary amounts of money out of thin air and justify 
spending the amounts because problems may exist. We continue to take 
time on this floor to delay a bill that can help solve these problems. 
The fact is that we take care of a lot of these problems in the bill 
without throwing an inordinate amount of money toward them.
  Mr. WELLSTONE. Mr. President, I resent the accusation that this is 
taking up time and delaying this bill.
  Senator, if you were worried about at-risk kids and helping kids 
before they get into trouble and wind up incarcerated and committing 
violent crimes, then you would want to support the kind of support 
services we can provide in schools.
  Mr. HATCH. Mr. President, I don't want to take too much time, but I 
will take 30 more seconds.
  Look, you are not the only Senator on this floor who cares about 
kids. I have a record of 23 years of leading a fight for most of the 
children's programs that have passed here. And every one of them takes 
into carefull consideration how much money should or should not be 
spent--child care, the child health insurance bill; you name it, I have 
been there. Right now, I am raising over $2 million for the Pediatric 
AIDS Foundation. I don't need to be lectured by the Senator from 
Minnesota, whose answer to everything is to throw more money at every 
problem.
  Mr. WELLSTONE. Mr. President, I ask unanimous consent that I be 
allowed to respond to that comment.
  The PRESIDING OFFICER. Is there objection?
  Mr. HATCH. I object, unless it is for 30 seconds.
  Mr. WELLSTONE. I can do it in 30 seconds.
  The PRESIDING OFFICER. The Senator is recognized for 30 seconds.
  Mr. WELLSTONE. Senator, I would never criticize your record. You are 
a friend. But I intend to respond to the remarks you made on the floor 
of the Senate that this kind of an amendment is taking up people's time 
and delaying

[[Page 10140]]

passage of this bill. This is very relevant to what we need to do to 
help kids before they get into trouble. I am surprised that my 
colleague, with all of his good work, doesn't understand that.
  I yield the floor.
  The PRESIDING OFFICER. All time has expired.


                           Amendment No. 361

  The PRESIDING OFFICER. Under the previous order, we will proceed to 
amendment No. 361, sponsored by Senator Ashcroft, with 10 minutes 
equally divided.
  The Senator from Missouri is recognized.
  Mr. ASHCROFT. Mr. President, I want to thank a number of Senators 
before I begin making my remarks because this amendment is the 
culmination of the work of a number of individuals, including Senators 
Hutchison, DeWine, Allard, Abraham of Michigan, Gregg of New Hampshire, 
Helms of North Carolina, and Senator Coverdell of Georgia. All of these 
individuals participated to assemble the components of this amendment, 
which is an amendment designed to promote safety in our schools and to 
prevent violence in our schools. So I thank all of those Senators. If 
any of them comes to the floor, I will happily yield to them for them 
to give particular emphasis to the items they brought to the table 
here.
  This amendment contains a number of provisions that give schools and 
communities additional ways to prevent youth violence. It would free 
local school districts to put Federal money to use where the Federal 
money will do the most good to prevent future violence.
  Under this amendment, schools will be able to choose where best to 
spend Federal resources under titles 4 and 6 of the Elementary and 
Secondary Education Act. These are allowable uses which would include 
violence prevention training, school safety equipment such as metal 
detectors, or for school resource officers.
  The amendment clarifies that nothing in Federal law stands in the way 
of a local decision to introduce a dress code or school uniform policy. 
Without taking the time at this moment, a number of schools would like 
to be able to do this. In the places where they have been able to do 
it, they have found that it reduces violence and increases student 
productivity. It has been good.
  This would allow schools, if they are going to use their Federal 
resources, to use them, and one of the permissible ways would be to 
invest in establishing such a policy.
  The amendment contains a provision that provides certain liability 
protections for school personnel when they undertake reasonable actions 
to maintain order and discipline in safe educational circumstances or 
to promote an environment of safety for education. This is a very 
important provision. This one, sponsored by Senator Coverdell of 
Georgia, offers teachers limited civil liability against frivolous and 
arbitrary lawsuits.
  We don't really need for teachers, who need to be involved in 
disciplining students, to be thinking about the fact that they are 
going to be sued if they exercise the right kind of discipline.
  The limits are reasonable. They are against frivolous and arbitrary 
lawsuits--the kind of limit that we placed to help encourage 
volunteerism last year when we had the Volunteer Protection Act. That 
is the kind of thing we want to do to make sure that teachers can have 
better control and are free to take necessary steps to provide 
discipline in the classroom.
  Senator Helms' language makes certain that a school discipline record 
follows a student when a student transfers to another public or private 
school. The language allows schools to run background checks on any 
school employee who works with children. I think this is reasonable. We 
should know who the individuals are who are employed in our schools. 
Providing this kind of capacity and opportunity is a step in the right 
direction, a step forward. It is necessary for schools, especially 
given the mobility of students and families, to be able to know about 
the discipline record of a student who comes to the school. Learning 
too late can be a deadly matter, as I learned a few years ago in a 
tragic case in St. Louis, where a student transferred from one school 
to the next and the discipline record didn't follow. And before they 
learned of this student's propensity to stalk young women, he murdered 
another student, stalking a woman, a young woman, into the restroom of 
a high school.
  Senator DeWine has a provision that allows the coordination of 
adolescent mental health and substance abuse services. That is part of 
this amendment.
  The amendment includes language from Senator Abraham that allows 
schools to use Safe and Drug Free Schools funds for drug testing. 
Students who are the subject of serious discipline problems may well be 
better off if we have the capacity of asking them to undergo drug 
tests. We fund it and provide the availability or the freedom to use 
funds in that respect.
  I really want to thank my colleagues who worked with me on this task 
force: Senators DeWine, Hutchinson, Gregg, Allard, Coverdell, Helms, 
and Hatch.
  I look forward to the passage of these proposals that are included in 
this education task force package: The amendments on school safety and 
violence prevention, and safety and security in our schools.
  I reserve the remainder of my time.
  The PRESIDING OFFICER. Who yields time?
  By the way, the Chair informs the Senator from Missouri that his time 
has expired.
  Mr. ASHCROFT. The Senator from Missouri thanks the Chair.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Mr. President, I am going to speak on the Sessions 
amendment No. 357, and I understand there is time in opposition. Am I 
correct?
  The PRESIDING OFFICER. There are 5 minutes remaining on that time.
  Mr. LEAHY. Mr. President, notwithstanding my friendship with the 
Senator from Alabama, I will oppose his amendment.
  The amendment mandates that all Federal, State, or local governments 
and nongovernmental entities that receive any funds under this bill 
have to place a written disclaimer on all materials produced or 
distributed to the public.
  The amendment also mandates the Attorney General report every six 
months to Congress on all public comments received based on these 
disclaimers, although it doesn't say how many hundreds of people may 
have to be hired to do this.
  The amendment is unfortunate. We are trying to pass a serious and 
comprehensive bill to address juvenile crime. I don't understand why 
the other side would be insisting on placing a one-paragraph disclaimer 
on all publications from any entity that receives funds under this 
bill. It would apply to any nonprofit organization that uses Federal 
support under this bill.
  For example, suppose the Boys and Girls Clubs used it to set up an 
afterschool process. Do they have to put a disclaimer on it? Suppose 
they have a leaflet passed out saying: Come at 5:30 to play softball, 
but we want you to have this disclaimer, and if you have any comments 
about it, write to the Attorney General so the Attorney General can 
report to the Congress.
  I can see it: I was called out at third base. I don't think I was 
out. What is the Attorney General going to do about this?
  That is what this disclaimer asks for.
  What about the Red Cross? Well, they gave me a lousy cookie when I 
came in to donate blood. I want to know what the Attorney General is 
going to do about it.
  The amendment is also dangerous because it can siphon off funds that 
can be used to prevent juvenile crime and punish juvenile offenders. It 
places an unfunded mandate on Federal, State, and local governments. It 
takes resources away from real crime-fighting programs. Nobody knows 
how much it is going to cost State, Federal, and local governments and 
nonprofit organizations to comply with this disclaimer requirement.

[[Page 10141]]

  How much does it cost the Department of Justice? I would like to know 
how much it is going to cost for the 6-month reporting requirements. 
Obviously, the Department of Justice should have people devoted to 
crime fighting and who will be there to tally reports. And it will not 
be fanciful to think of somebody who got called out at third base in a 
softball game put together by the Boys and Girls Clubs who thinks the 
Attorney General should look into it.
  The Department of Justice already prints its name and address on all 
publications. Why a further unfunded mandate?
  Unless we have questions and answers about how much it is going to 
cost and how much it is going to take away from real crime fighting, I 
would oppose it.
  I reserve the remainder of my time.
  The PRESIDING OFFICER. Who yields time? This is in opposition to the 
Ashcroft amendment.
  The Senator from Massachusetts.
  Mr. KENNEDY. I believe we have 5 minutes. Is that correct?
  The PRESIDING OFFICER. That is correct.
  Mr. KENNEDY. Mr. President, I yield myself 4 minutes.
  Mr. President, this amendment is harmless, though I question how 
effective and useful it is.
  It provides for some coordinated mental health services at the level. 
But there is already some limited mental health coverage in the 
underlying bill. And I find it interesting that the Senator from 
Missouri rejected our proposal to give SAMHSA the resources to really 
do the job.
  The amendment provides for background checks on school employees. 
That's already allowable under current law.
  It allows schools to require uniforms. There is nothing to prohibit 
that now.
  It creates a Commission on Character. That is fine.
  But if we really wanted to make a difference, we would fulfill the 
commitment made last year to reduce class sizes by hiring 100,000 new 
teachers. Teachers should not have to do crowd control.
  If we really wanted to make a difference, we would help communities 
build new classrooms and schools and modernize their facilities. This 
means smaller classes and smaller schools, so teachers and school 
officials get to know the children they teach. You have heard of ``road 
rage.'' Well some schools have ``hall rage,'' where hallways are so 
crowded they actually increase violence in schools.
  If we really wanted to make a difference, we would expand after 
school programs to attend to children in the afternoons--keeping them 
off the streets and out of trouble. Each day, 5 million children are 
left home alone after school, and that is unacceptable.
  If you asked parents what is most important to reducing youth 
violence--uniforms or smaller classes--I am certain that smaller 
classes would win hands down.
  If you asked parents what is most important--a character commission 
or after school programs--the after school programs would win hands 
down.
  If you asked parents what is most important--to reiterate that you 
can conduct background checks on teachers or building more classrooms 
and better classrooms--the better classrooms would win hands down.
  So I see nothing harmful in this amendment, but I hope we can get to 
the real issues that concern parents and communities--smaller classes, 
better schools, more after school programs.
  I withhold the remainder of the time.
  The PRESIDING OFFICER. Is time being reserved?
  Mr. KENNEDY. I yield the remainder of my time.
  The PRESIDING OFFICER. All time on this amendment has expired.


                           Amendment No. 360

  We will now move to amendment No. 360.
  Who yields time?
  Mr. SANTORUM. Mr. President, I rise to support my amendment. The 
amendment is offered to address a problem in this country which we have 
talked a lot about here, which is the short amount of time that people 
serve in prison and, in fact, are sentenced to prison for the most 
violent of crimes in our society.
  The chart says the average prison time served for rape in this 
country is only 5\1/2\ years, and that, by the way, is a slight 
increase over the past dozen or so years. Average prison time served 
for child molestation is 4 years; 4 years for child molestation. The 
average time served for homicide is just 8 years.
  These statistics are for time served. Time sentenced, in many cases, 
is just a little bit more than that, but not significantly more than 
that.
  It is a very serious problem, particularly in the area of raping and 
sexually molesting a child, where the recidivism rate is very high, 
where we are putting back on the street to terrorize our citizenry, 
people who should be incarcerated for a much longer period of time.
  A group of Members, Matt Salmon in the House of Representatives, and 
I in the Senate, have introduced a bill called Aimee's law, named after 
Aimee Willard, a victim of a horrible rape and murder in the city of 
Philadelphia by a man, Arthur Bomar, who was released from prison in 
Nevada--released after murdering someone in Nevada, released after not 
serving his full sentence. By the way, he was violent in Nevada and had 
assaulted a woman while in prison, but Nevada let him out early. 
Unfortunately, Arthur Bomar found Aimee Willard and Aimee was brutally 
murdered and raped.
  Aimee's mom, Gail Willard, has put together a group of people who 
said it is time to get people who are convicted of these horrible 
crimes to serve out their sentences and to send a message to States--
many States in this country have very light sentences for many of these 
crimes--to send a message to States that we want tougher sentencing 
laws on the books for these violent crimes and violent criminals.
  Matt Salmon introduced in the House, and I introduced an amendment in 
the Senate, which does something very simple: If someone is released 
from prison as a result of these kinds of violent acts, they are 
released from prison and go to another State and they commit one of 
these crimes, that the State that released that prisoner has to pay the 
costs of apprehension, prosecution, and incarceration to the State that 
has to deal with this person that they let out of jail.
  It takes the Federal funding stream--we have Federal funds that go to 
all the States--and basically takes some of those Federal funds and 
shifts them from one State to another. It is a matter of disignating 
some Federal funds, rather than to Pennsylvania, because Pennsylvania 
let someone out early and that convicted felon went to Ohio and 
committed a crime--Pennsylvania would lose Federal funds--to Ohio to 
pay for the apprehension, prosecution and incarceration of that 
criminal.
  This is a bill supported by 39 victims' rights organizations, 
including: KlaasKids Foundation and Polly Klaas' father, Marc Klaas; 
Fred Goldman; Gail Willard; the Fraternal Order of Police; Law 
Enforcement Alliance of America; International Children's Rights 
Resource Center; Justice for All; National Association of Crime 
Victims' Rights; the Women's Coalition.
  The above mentioned people and organizations and a variety of other 
national organizations consider this one of their highest priority 
bills, to send a message that if a State has very lenient sentencings 
and they let someone out, that State will get hit with a bill; that 
State will lose some of their Federal block grant funds.
  We want tougher sentences and we want truth in sentences. We have 
provisions in this amendment that say if you don't live up to truth in 
sentencing and you are not a truth-in-sentencing State, you can be 
liable if someone gets out of jail in one of those States and goes to 
another State and commits a similar crime. You can lose Federal funds.
  We are trying to send a very clear message that these crimes should 
be dealt with seriously. A child molester who receives 4 years in 
prison, when you consider the recidivism rate, is an abomination.

[[Page 10142]]

  We have 134,000 convicted sex offenders right now living in our 
communities because of these kind of laws and because of the 
enforcement and prosecution and leniency by our courts or by our parole 
systems. We have to do something about this to protect our children, to 
protect our society from the rapists and child molesters and murderers 
in our society.
  I reserve the remainder of my time.
  The PRESIDING OFFICER (Mr. Voinovich). The Senator has 5 minutes in 
opposition.
  Mr. LEAHY. Mr. President, I do not oppose this amendment. I think it 
is, as drafted, extremely complicated and can create a great deal of 
problems with some States to the extent it overrides their ability to 
make determinations of who they go after and how. I understand what the 
Senator from Pennsylvania wants. I encourage that we accept the 
amendment.
  Of course, he is entitled to a vote if he wishes, and between now and 
conference we might work more on the language to see if there are areas 
of unnecessary complication that could be removed.
  I do not oppose the amendment. I yield back the time on this side.
  Mr. LEVIN. Mr. President, the Santorum amendment aims at trying to 
reduce the number of tragedies that result when persons convicted of 
serious offenses obtain early release and then repeat the offense.
  But the mechanism it selects to advance that goal is so unworkable 
that it will undermine its laudable purpose. The same crime is defined 
differently by different States. Average terms of imprisonment imposed 
by States are different from average actual lengths of imprisonment. 
Indeed, that is part of the problem. Those are just two of the 
unworkable parts of Sec. (c)(1)(C)(ii).
  One big problem in Sec. (c)(1)(B) is that the cost of incarceration 
of an individual can't be known unless one can predict his or her life 
expectancy.
  An unworkable procedure will not help this cause. It will set it 
back, I am afraid, and I cannot vote for it.
  Mr. THOMPSON. Mr. President, I am saddened by the tragic 
circumstances that have motivated my distinguished colleague from 
Pennsylvania to offer his amendment. It is understandable that 
concerned citizens hope to avoid crime committed by people who are 
released from prison. And I might favor states increasing the length of 
sentences of violent offenders. But that choice should be that of the 
states, and not one essentially forced on states by the Federal 
Government for fear of losing their criminal assistance funds. That 
view by itself leads me to oppose this amendment, although the 
particular way in which this amendment will operate causes me 
particular concern.
  States are not mere appendages of the federal government to be called 
upon to do the Federal Government's bidding every time we think we've 
got a good idea. State sentencing for state crime is a state matter.
  The amendment provides that in any case in which a person is 
convicted of murder, rape, or a dangerous sexual offense as defined by 
state law, and that person previously has been convicted of that 
offense in another state, the state of the prior conviction will have 
deducted from the federal criminal justice funds it receives, and 
transferred to the state where the subsequent offense occurred, the 
cost of the apprehension, prosecution, and incarceration of the 
offender, unless the original state has: (1) adopted the federal truth 
in sentencing guidelines; (2) imposed a sentence on persons for these 
offenses that is at least 10 percent above the average term of 
imprisonment for that offense that is imposed in all states; and (3) 
made the particular offender serve at least 85 percent of his sentence.
  Mr. President, my opposition to this provision is based primarily on 
federalism. States should be free to adopt the sentences that they 
choose. They should also be able to adopt the parole policies of their 
choice. States that impose short sentences or lenient parole policies 
will bear most of the cost themselves if released criminals commit 
future offenses.
  Under this amendment, states must adopt the federal sentencing 
guidelines if they wish to be certain to avoid losing federal funds. 
The states will have their sentencing policies for these offenses not 
drafted by their state legislators in their state capitals, nor even by 
Congress. State judges will lose the ability to exercise whatever 
discretion in sentencing their states permit. Instead, the unelected 
bureaucrats of the United States Sentencing Commission will set the 
sentences for state criminals who commit these offenses. I have no 
criticism of these individuals pursuing the task that Congress has 
given them, particularly since their work is subject to congressional 
review. But they were not and should not be given the power to set 
state sentences, unanswerable to the states who will be forced to 
silently acquiesce to their efforts.
  In addition, a state seeking to retain its federal funding by 
complying with the three conditions of this amendment would incur much 
greater expense than any loss of funds it would sustain if it were not 
to comply with the conditions. States who seek to sentence at more than 
110 percent of the average will be required to spend huge sums on new 
prisons to hold these offenders. In addition to construction costs, 
there will be additional costs of personnel and other operating 
expenses. Such long sentences will also mean that the states will incur 
huge medical expenses for older prisoners, for fear of losing federal 
funds if they were released and committed new offenses. If a state 
wanted to incur these costs without this amendment, it could do so, but 
this bill will for all practical purposes force states to do so without 
funding any of the resulting costs. In addition, states sentencing for 
such a long duration may not be sentencing wisely. Some offenders 
deserve parole. Not all offenders are incorrigible. Some offenders can 
be helped by religion or counseling to lead law abiding lives, 
returning to their families, safely living among the community, 
avoiding the need for states to incur costly prison expenses, and 
actually becoming productive, taxpaying citizens. This amendment 
essentially deprives a state of that choice, and may result in the 
unjustified continuation of imprisonment of certain persons, harming 
that person, his family, the community, and taxpayers generally.
  The 110 percent of the national average sentence requirement is 
troubling for other reasons as well. By definition, half the states 
will be below average, and even a larger number will not sentence for 
110 percent or more of the national average. That will mean that most 
states will not be able to avoid the risk of losing their federal 
funds, no matter how hard they try to comply with the amendment's 
conditions. And since the average is not static, a state that is above 
110 percent in one year may not be at that level the following year. As 
a result, the amendment would result in states continuously increasing 
their sentences in what will probably be a vain effort to be one of the 
above average states. And how will the average be calculated? Is a 99 
year sentence longer or shorter than a life sentence? Is a death 
sentence imposed after 5 years longer or shorter than a life sentence 
without parole? I suppose states will have an incentive under this bill 
to adopt not only a death penalty, but to sentence the defendant to 
1000 years besides. It is not Washington's business whether or not a 
state has a death penalty for state crimes. That decision should be 
made by the people of a state and no one else, consistent with 
constitutional requirements.
  Apart from opposing this amendment on federalism grounds, I also note 
the existence of significant drafting problems that will result in what 
I am sure the sponsors would consider to be unintended consequences. 
For instance, the amendment defines ``murder'' and ``rape'' by 
reference to state law. But some states will never be in a situation in 
which a person convicted of murder has been released from serving a 
murder sentence or rape sentence in their state. For instance, Vermont 
has no crime of rape, but only sexual assault. No one can be convicted 
of rape who was convicted of rape previously in Vermont. Wisconsin has 
no rape or murder statutes, but simply intentional homicide and sexual 
assault.

[[Page 10143]]

One can well imagine that if this amendment passes, states will 
manipulate the label placed on various conduct so that it can make sure 
to convict persons for ``murder'' or ``rape'' however defined under 
another state's law--and in such a way as now not remotely considered 
to constitute these crimes--while convicting persons in their own state 
for ``intentional homicide'' or ``sexual assault.'' That kind of 
manipulation will produce virtual anarchy. While the House companion 
bill avoids this particular problem because it defines these offenses 
without regard to state law, I note that the House bill is equally 
objectionable in its own way, since the crimes that it covers are 
broader than the Senate bill, extending to crimes that few would 
consider exceptionally serious, and thus causing greater expense to the 
states than the Senate bill if loss of funds is to be avoided. 
Moreover, under the House bill, unlike this amendment, a state is never 
free from the risk of losing funding, since it will be liable for a 
released offender's offense for the rest of his life, regardless of the 
length of his sentence or actual imprisonment before release.
  We have eliminated parole at the federal level. But there are many 
fewer federal than state parolees. If a state would rather spend money 
on education or effective prevention programs than on very long 
sentences, it should be able to do so without federal interference. 
Some prisoners may deserve parole. Others may not. And so long as there 
is parole, as in every other human endeavor, mistakes will occasionally 
be made, sometimes with serious consequences. The people who make those 
decisions and the state lawmakers--not federal lawmakers--should 
continue to set parole policy, and they should continue to be held 
accountable by the people of their states for those decisions. The 
track record of Congress in knowing just how crime should be punished 
should give pause to anyone who thinks states and the American people 
would necessarily benefit more from a congressionally mandated approach 
to this issue than from experimentation among the states.
  Mr. President, I sympathize with those who are the victims of crimes 
caused by parolees. I understand the sincere motives of my colleagues 
who support this legislation. But I strongly believe that it is 
misguided and runs counter to our system of federalism. It will cost 
states billions of dollars without any guarantee of retaining full 
federal funding. It may prevent sensible parole policies in particular 
cases. I have also pointed out a number of practical problems with the 
amendment's drafting. For all of these reasons, I oppose the amendment.
  Mr. LEAHY. Mr. President, I ask unanimous consent it be in order to 
ask for the yeas and nays on all four of the remaining amendments.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.


                       Vote on Amendment No. 357

  The PRESIDING OFFICER. The question is on agreeing to the Sessions 
amendment.
  The yeas and nays have been ordered.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. REID. I announce that the Senator from New York (Mr. Moynihan) is 
necessarily absent.
  I further announce that, if present and voting, the Senator from New 
York (Mr. Moynihan) would vote ``no.''
  The PRESIDING OFFICER (Mr. Bunning). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 56, nays 43, as follows:

                      [Rollcall Vote No. 127 Leg.]

                                YEAS--56

     Abraham
     Allard
     Ashcroft
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Cochran
     Collins
     Coverdell
     Craig
     Crapo
     DeWine
     Domenici
     Enzi
     Fitzgerald
     Frist
     Gorton
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Jeffords
     Kyl
     Lieberman
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Murkowski
     Nickles
     Roberts
     Roth
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner

                                NAYS--43

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Bryan
     Byrd
     Cleland
     Conrad
     Daschle
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham
     Harkin
     Hollings
     Inouye
     Johnson
     Kennedy
     Kerrey
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     Mikulski
     Murray
     Reed
     Reid
     Robb
     Rockefeller
     Sarbanes
     Schumer
     Torricelli
     Wellstone
     Wyden

                             NOT VOTING--1

       
     Moynihan
       
  The amendment (No. 357) was agreed to.
  Mr. LOTT. Mr. President, I move to reconsider the vote.
  Mr. HATCH. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. LOTT. Mr. President, we have three more votes now in the stacked 
sequence. I ask unanimous consent that in this series the next three 
votes be limited to 10 minutes in length.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Who yields time?


                     Amendment No. 358, As Modified

  Mr. WELLSTONE. Mr. President, could I ask a question. We now have 1 
minute each; is that right?
  The PRESIDING OFFICER. That is correct.
  Mr. WELLSTONE. Mr. President, could we have order, please.
  The PRESIDING OFFICER. The Senate will be in order.
  Mr. WELLSTONE. Could I also ask whether this is my amendment on 
school counselors?
  The PRESIDING OFFICER. It is the Wellstone amendment No. 358.
  Mr. WELLSTONE. Thank you, Mr. President.
  Mr. President and colleagues, I have offered this amendment with 
Senator Mikulski and Senator Harkin. This amendment would provide $340 
million a year for 100,000 school counselors, social workers and child 
psychologists to back them up.
  Everywhere you go, you hear from people at the school district level: 
We will contribute money, but can you get some money to us so we can 
have more counselors in our school so that we can give more support to 
these kids before they get into trouble?
  You will not hear your education community and your teachers and men 
and women who work with children talk about anything more than the need 
to have more counselors. One counsel for 500 students or 1,000 students 
cannot identify these kids in trouble, cannot help these kids. If we 
really care about providing these services, then we are going to be 
willing to make the investment.
  I hope this amendment will have a very strong vote.
  Mr. HATCH addressed the Chair.
  The PRESIDING OFFICER. The Senator from Utah.
  Mr. HATCH. Is this amendment No. 358?
  The PRESIDING OFFICER. Yes.
  Mr. HATCH. This amends the Elementary and Secondary Education Act of 
1965, originally to provide $1 billion more but modified now to provide 
$340 million, after modification, a year in new funding to hire 141,000 
school-based mental health personnel: 100,000 school counselors, 21,000 
school psychologists, and 20,000 school social workers. These funds 
have to be matched by the States and localities.
  Now look, this is another attempt to micromanage our educational 
system in this country from Washington. It is an expensive add-on that 
should not be on this particular bill.
  I made the case earlier that we are in favor of counselors, but there 
is a limit to everything, and the counselors may or may not be the 
answer here, especially in the Klebold matter--in the Columbine matter, 
and a number of other matters where the boys were under counseling.
  The fact of the matter is, this is another ``Let's throw money at 
it'' at the cost of society.

[[Page 10144]]

  The PRESIDING OFFICER. The time has expired. All time has expired.
  Mr. HATCH. Mr. President, I move to table the amendment and ask for 
the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  The PRESIDING OFFICER. The question is on agreeing to the motion to 
table Amendment No. 358, as modified. The yeas and nays have been 
ordered. The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. REID. I announce that the Senator from New York (Mr. Moynihan) is 
necessarily absent.
  I further announce that, if present and voting, the Senator from New 
York (Mr. Moynihan) would vote ``no.''
  The result was announced--yeas 61, nays 38, as follows:

                      [Rollcall Vote No. 128 Leg.]

                                YEAS--61

     Abraham
     Allard
     Ashcroft
     Bennett
     Bingaman
     Bond
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Chafee
     Cochran
     Collins
     Conrad
     Coverdell
     Craig
     Crapo
     DeWine
     Domenici
     Dorgan
     Enzi
     Fitzgerald
     Frist
     Gorton
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Jeffords
     Kerrey
     Kyl
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Murkowski
     Nickles
     Roberts
     Roth
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner

                                NAYS--38

     Akaka
     Baucus
     Bayh
     Biden
     Boxer
     Breaux
     Bryan
     Cleland
     Daschle
     Dodd
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham
     Harkin
     Inouye
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Murray
     Reed
     Reid
     Robb
     Rockefeller
     Sarbanes
     Schumer
     Torricelli
     Wellstone
     Wyden

                             NOT VOTING--1

       
     Moynihan
       
  The motion to table was agreed to.
  Mr. HATCH. Mr. President, I move to reconsider the vote.
  Mr. REID. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. REID addressed the Chair.
  The PRESIDING OFFICER. The Senator from Nevada is recognized.
  Mr. REID. Mr. President, if we are going to finish this bill, we are 
going to have to move things along more quickly. We are seeing end-of-
this-bill possibilities, but we are not going to ever finish the bill 
if these votes are going to go on forever. Ten-minute votes should not 
take an half hour.
  I respectfully suggest that we move on more quickly so we can get to 
the substance of this bill.


                           Amendment No. 360

  Mr. LEAHY. I say to the Senator from Utah, we would be willing to 
speed up things and accept the amendment of the Senator from 
Pennsylvania, if the Senator from Pennsylvania wishes. If they are 
interested in speeding up the time, we can do that. Obviously, the 
Senator from Pennsylvania is entitled to a rollcall vote, but we can 
save ourselves 15 or 20 minutes if we just accept it.
  Mr. HATCH. Why don't we just have the rollcall vote and everybody 
will come immediately.
  Mr. SANTORUM. I yield back my minute.
  The PRESIDING OFFICER. The question is on agreeing to amendment No. 
360 of the Senator from Pennsylvania, Mr. Santorum.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. NICKLES. I announce that Senator from Kansas (Mr. Roberts) is 
necessarily absent.
  Mr. REID. I announce that the Senator from New York (Mr. Moynihan) is 
necessarily absent.
  I further announce that, if present and voting, the Senator from New 
York (Mr. Moynihan) would vote ``aye.''
  The PRESIDING OFFICER (Mr. Gregg). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 81, nays 17, as follows:

                      [Rollcall Vote No. 129 Leg.]

                                YEAS--81

     Abraham
     Allard
     Ashcroft
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Boxer
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Cleland
     Collins
     Conrad
     Coverdell
     Craig
     Crapo
     Daschle
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Enzi
     Feinstein
     Fitzgerald
     Frist
     Gorton
     Graham
     Gramm
     Grams
     Grassley
     Gregg
     Harkin
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Johnson
     Kennedy
     Kerrey
     Kerry
     Kohl
     Kyl
     Landrieu
     Leahy
     Lieberman
     Lincoln
     Lott
     Mack
     McCain
     McConnell
     Mikulski
     Murkowski
     Murray
     Nickles
     Reed
     Reid
     Robb
     Roth
     Santorum
     Sarbanes
     Schumer
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thurmond
     Torricelli
     Voinovich
     Warner
     Wyden

                                NAYS--17

     Akaka
     Bond
     Bryan
     Chafee
     Cochran
     Feingold
     Hagel
     Hollings
     Inouye
     Jeffords
     Lautenberg
     Levin
     Lugar
     Rockefeller
     Sessions
     Thompson
     Wellstone

                             NOT VOTING--2

     Moynihan
     Roberts
       
  The amendment (No. 360) was agreed to.
  Mr. HATCH. Mr. President, I move to reconsider the vote.
  Mr. LEAHY. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 361

  Mr. HATCH. Mr. President, I understand that both sides are in 
agreement on the next amendment, so I ask unanimous consent that we 
vitiate the yeas and nays.
  Mr. BYRD. Reserving the right to object, I will not object. I don't 
want to force my will upon the Senate, but I want the record to show 
that I support this amendment.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 361) was agreed to.
  Mr. HATCH. I move to reconsider the vote.
  Mr. LEAHY. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. HATCH. Mr. President, I ask unanimous consent the Senator from 
New York be yielded 7 minutes for debate only, and the floor be 
immediately given back to me upon completion of his statement.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The remarks of Mr. Schumer, Mr. Leahy and Mr. Lautenberg pertaining 
to the introduction of S. 1077 are located in today's Record under 
``Statements on Introduced Bills and Joint Resolutions.'')
  Mr. WELLSTONE addressed the Chair.
  The PRESIDING OFFICER. The Senator from Utah has the floor.
  Mr. HATCH. Mr. President, the next amendment happens to be the 
Ashcroft-Frist amendment. I suspect we should let both of them describe 
their amendment.


                           Amendment No. 355

  The PRESIDING OFFICER. Without objection, the next amendment will be 
355.
  Mr. HARKIN. Parliamentary inquiry.
  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. HARKIN. What amendment are we on now?
  The PRESIDING OFFICER. Amendment No. 355.
  Mr. FRIST. Parliamentary inquiry. Is this the Frist-Ashcroft 
amendment?
  The PRESIDING OFFICER. This is the Frist-Ashcroft amendment.
  Mr. FRIST. Mr. President, we are returning to an amendment that was 
offered at the end of last week, which is a very simple amendment as 
written. It addresses a fundamental issue that is at the heart of the 
juvenile justice issue and discussion in the last week. It has to do 
with bombs and guns in schools. It is as simple as that.

[[Page 10145]]

  It addresses the issue of how to make our schools as safe as we 
possibly can. We start with, I believe, the juvenile justice bill which 
has made real progress but absolutely to my mind must include an 
amendment that addresses this issue of guns in schools and bombs in 
schools in an area where we, because of previous legislation that we 
passed, have created a loophole that means that a student coming into a 
school who has a firearm may be treated very differently from a student 
who comes in the next day to that school with a firearm. The goal of 
our amendment is that any child who comes into a school with a gun or a 
bomb will be treated equally, will be treated fairly, will not be 
discriminated against one way or another.
  Our amendment ends a mixed message that the Federal Government today, 
because of legislation we passed, sends to American students on the 
issue of firearms in schools. ``Firearms,'' for the purpose of this 
amendment, are bombs and guns in schools.
  We look at Littleton, CO, with 15 dead and 23 wounded. We look at 
Pearl, MS, with 2 dead and 7 wounded; Paducah, KY, 3 dead, 5 wounded; 
Jonesboro, AR, 5 dead, 10 wounded; Springfield, OR, 2 dead, 22 wounded.
  These are all shootings, horrific shootings. They claimed the lives 
of 27 students and teachers. Thus, we come back to this simple 
amendment which closes a loophole that we created that has to do with 
guns and bombs and firearms in schools.
  The Individuals with Disabilities Education Act is a law which I have 
strongly supported, and I have worked very, very hard in the past two 
Congresses to improve, to modernize, to strengthen. Under that act, a 
student with a disability who is in possession of a gun or a firearm at 
school is treated differently than a student who is not disabled or who 
is not in special education.
  Again, it goes back to that fundamental issue of one child in a 
special education class who brings a gun or a bomb to school is treated 
preferentially compared to another child who does not have a disability 
or is not in special education who brings a gun or a bomb to school.
  All of us represent States and have our own constituency. Therefore, 
I look at my home State of Tennessee. The Individual with Disabilities 
Education Act conflicts with our zero tolerance law which says that 
students may be expelled for 1 year if they bring a bomb or a gun or a 
firearm to school. That is zero tolerance. It is the law of the land in 
Tennessee. Yet, we have passed in this body Federal legislation which 
says there is a certain group of students, about 14 percent of students 
in the State of Tennessee, to whom that does not apply. We have a whole 
different set of standards. What our amendment does is it says, no, if 
you bring a bomb or a gun to school, you are going to be treated like 
every other student.
  Under IDEA, local school authorities have several hoops to remove a 
dangerous special education student who brings a gun into the 
classroom. School personnel may suspend the child for up to 10 days. 
School personnel may place the child in an interim alternative 
educational setting for 45 days. School personnel may ask a hearing 
officer to place a child in an interim alternative educational setting 
for up to 45 days if it is proven that that child is a threat to others 
in his current placement. School personnel may conduct a manifestation 
determination review to determine whether or not there is a link 
between that child's disability and walking into the room with a gun or 
a bomb.
  If the behavior is not a manifestation of that disability, the child 
may be expelled but is still given educational services. If the hearing 
officer determines that the behavior of bringing that gun into the 
classroom was a manifestation of the disability, the student can go 
right back into that school, right back into that current placement, 
and that is the problem. Let me repeat. If the hearing officer 
determines that the behavior of bringing a gun into the classroom was a 
manifestation of the disability, the student can go back into the 
classroom.
  People say that does not happen. It does happen. In my own State of 
Tennessee, in Nashville, just over a 1-year period, there were eight 
students who brought guns into school who were caught and of those 
eight, six were in special education. Three of those six, it was found 
that bringing a gun into the school was a manifestation of their 
disability and, therefore, they ended up back in the classroom. 
Students who were not in special education were expelled under the law 
under which 86 percent of the other students fall.
  Clearly, the way we have set up this federally mandated disciplinary 
procedure with this loophole sends students a mixed message about guns 
in our schools. It basically says if you are in special education, you 
are going to be treated in a special way if you bring a gun into 
school, but if you are not in special education, you are going to be 
treated like everybody else and you are going to be expelled. What a 
mixed message when we are talking about guns. When we are talking about 
the shootings, the 27 deaths in our classrooms and schools that we have 
witnessed, we must respond.
  As earlier stated, if a student with a disability is expelled, that 
student must be provided alternative educational services while a 
nondisabled student, somebody who is not in special education who is 
expelled for the same offense, will not necessarily receive alternative 
educational services, which just shows how we are treating a student 
who comes into the classroom with a gun differently if they happen to 
be disabled compared to other students.
  The amendment that I, Senator Ashcroft, Senator Helms, Senator 
Coverdell, and Senator Allard, as the initial sponsors, have put 
forward, allows principals and other qualified school personnel the 
flexibility to do something that seems so basic. And that is, to treat 
all students the same if they bring a gun into the classroom, period. 
No more complicated than that. It does not matter race, it does not 
matter financial status, it does not matter educational status, 
everybody gets treated the same.
  It allows school authorities to discipline all students in the same 
way if they bring a gun, we are not talking about threats, and we are 
not talking about even other weapons. We have this amendment focused on 
guns and bombs coming into the schoolroom.
  This amendment does not force local school authorities to have a 
uniform disciplinary policy. We recognize that every situation needs to 
be judged as just that, an individual, unique situation. It simply 
gives them the flexibility to enforce discipline in that local school 
as they see fit, with the overall objective to assure, to ensure, to 
guarantee the safety of those students whom every day we send into 
those classrooms.
  The amendment is firearms specific. There have been others who have 
asked us to at least look at expanding it to other weapons, but we have 
this amendment really quite narrow; we are talking about guns and 
firearms.
  I mentioned the Nashville statistics. These statistics are really 
hard to obtain. You always hesitate, when that is the case, to 
generalize. So I want to make it very clear, I do not want to 
generalize, but I do want to illustrate how, in one community where I 
live, this loophole has the potential for causing real harm, I believe.
  In the 1997-1998 school year in Nashville, TN there were eight 
firearms infractions. Of those eight, six were students with a 
disability. They were in special education.
  I might add that overall in the State of Tennessee it is between 13 
and 14 percent, or about one out of eight students, who are in special 
education classes.
  Of these six special education students, three were expelled outright 
because they found, in the manifestation process, that the disability 
and their bringing a gun into the classroom were unrelated. Three of 
those students were not expelled, because the possession of the firearm 
was found to be a manifestation of that child's disability. It was 
three students who went right

[[Page 10146]]

back into the classroom, again, potentially putting the lives of others 
in danger.
  We might hear, well, nobody has been killed yet in the last year or 
the last 2 years. Really, I think that is a whole separate issue. The 
whole idea is that we are treating people differently who have brought 
a gun or a firearm into the room.
  These statistics show that three people out of the eight had come 
back into the classroom because a manifestation of their disability was 
bringing a gun into the classroom. It is kind of hard to imagine, but 
that is what the ruling was.
  With that, let me close and simply say that when it comes to 
possession of a firearm or a gun, the Federal Government really should 
not, I believe, be tying the hands of our local education authorities, 
of our local schools, our principals, our teachers, those who are in 
charge of discipline.
  Again, I say this. When we are focusing on guns and firearms in the 
classroom, I just find it hard to believe, and really there is 
absolutely no excuse for any student to intentionally bring a gun or a 
bomb to school.
  Students with disabilities really should not be able to hide behind, 
not their disability, I want to be very clear. What is happening is we 
set this structure up, the Individuals with Disabilities Education Act, 
with this single provision that allows certain students to potentially 
hide behind the legislation, not their disability, but behind the 
legislation and, thus, avoid punishment that a nondisabled student 
would undergo.
  The amendment is simple. It is straightforward. It means that all 
students will be treated equally if they bring a firearm in the room. I 
urge its support and hope it will be brought to a vote shortly.
  Mr. HARKIN. Would the Senator yield for a colloquy or engage in any 
kind of questions and answers?
  Mr. FRIST. Sure.
  Mr. HARKIN. Mr. President, the Senator from Tennessee knows I have 
the highest respect for him. In fact, I have always found him to be a 
very thoughtful Senator, especially when it comes to the issues of 
disability policy.
  When the Senator first came to the Senate, he became chairman of the 
then-existing Disability Policy Subcommittee in the Labor and Education 
Committee, and I was his ranking member. I thought he did a great job.
  As a matter of fact, under his chairmanship, we were able to get 
through the revisions of the Individuals with Disabilities Education 
Act, which we had been attempting to do for several years. In fact, it 
took 3 long years to get all the groups to finally agree on the 
revisions and the amendments to the Individuals with Disabilities 
Education Act. I say that as a way of background.
  The Senator from Tennessee was very heavily involved in that process. 
We were able to get the bill passed in May, I think it was, of 1997. It 
was strongly supported in the Senate and in the House, and passed, and 
was signed into law by the President.
  My friend from Tennessee gave an example of the students in his home 
community. He gave an example of eight students, six of whom were 
disabled, at least under an IEP, as I understand it; and that three, as 
I understand it, were expelled right away because it was not a 
manifestation; but then he made the statement that three went right 
back into the classroom.
  The Senator, in a private conversation, told me about this once 
before. If I am not mistaken, was this not during the school year of 
1995-1996 or 1996-1997?
  Mr. FRIST. It was 1997-1998.
  Mr. HARKIN. It was 1997-1998. So the regulations under the 
Individuals with Disabilities Education Act amendments did not go into 
effect until March of 1999. That is 2 months ago.
  I say to the Senator from Tennessee that school he is talking about 
was still operating under the old system. The old system said you could 
place a child with a disability in an interim educational setting for 
up to 45 days if the child brought a gun to school. That is the old 
bill.
  The new bill says, the one for which the regulations just came out a 
couple months ago--the Senator is right, a decision is made, and if it 
is not a manifestation of a disability, they can be expelled 
immediately. If, however, it is a manifestation of a disability, the 
child can be placed, under the old bill, for up to 45 days in an 
interim educational setting, and then if the school officials believe 
the child is still a danger, if the child is likely to injure himself 
or others, they can go to an impartial hearing, order that the child be 
placed for an additional 45 days in the interim educational setting, 
then at the end of that 45 days, they can do another 45 days, as long 
as it is decided that child is a danger either to himself or to others.
  I ask the Senator from Tennessee, the example you gave is under the 
old bill. The new bill says that at the end of 45 days, the school can 
go to an impartial hearing officer and keep that child out for another 
45 days. I ask the Senator if that is not a correct interpretation?
  Mr. FRIST. The 1999 statistics have been that there have been nine 
firearm violations, nine firearm infractions this year as of yesterday. 
Of these nine infractions, four involved special education students. In 
two of these cases, the students were expelled but given alternative 
services. One was not expelled because the possession, walking into the 
school with a firearm, was found to be a manifestation of the 
disability. He is back in school today.
  Mr. HARKIN. I don't know that I heard the Senator. If he could speak 
a little slower, I would appreciate it. I understand that you said 
recently. I do not know if you have given me----
  Mr. FRIST. The statistics from yesterday for 1999.
  Mr. HARKIN. The figures you gave were for calendar year 1999.
  Mr. FRIST. The figures I gave 15 minutes ago in my presentation were 
from 1997-1998. I just gave you the ones for 1999.
  Mr. HARKIN. What you said is that for 1999, this school year; I do 
not know if the Senator means the school year of 1999 or January until 
now.
  Mr. FRIST. The statistics as of yesterday, up until about 24 hours 
ago, there were nine infractions over the previous 10 months in 
Nashville, TN. Four of those were special education students, four of 
the nine.
  Mr. HARKIN. Four of the nine were special ed. Two were expelled 
because it was determined not to be a manifestation. What happened to 
the other two?
  Mr. FRIST. One right now is back in the classroom. And because of the 
finding, during that 45-day period you spoke of, that it was a 
manifestation of the disability, they could not treat the student like 
anybody else.
  The other student case is now pending, winding its way through the 
bureaucratic determination process.
  Mr. HARKIN. I say to the Senator, you say that this one child was put 
in an interim setting for 45 days. Now this child is back in the 
classroom. Can the Senator tell me, did the principal or did the school 
officials ask for a hearing to keep the child in the alternative 
setting for an additional 45 days, which they are allowed to do under 
the new law? Did they do that?
  Mr. FRIST. I will have to check and get back with you. I think the 
Senator's point is important. That is why I spelled it out earlier. For 
a student with a disability, you have the 10 days which you can be 
removed from the process. If you brought a gun into the schoolroom, you 
can be removed for 10 days. Then you have a 45-day period during which 
this determination is made. If you brought the gun because you had a 
disability, you can, as I have demonstrated with this most recent 
student from a month ago, plus the three from last year, you can go 
back into the classroom during that 45-day period. I think that is the 
issue that we want to close, which is basically saying, it doesn't 
matter whether you have a disability or not, if you walk into a 
classroom with a gun, you should be treated like everybody else.
  Mr. HARKIN. I say to the Senator from Tennessee--and surely we can 
get this right; it may take a little bit of discussion, but I think we 
can get it right--the situation he just described is true to the point 
where the child can

[[Page 10147]]

be put in an alternative setting for up to 45 days. Under the new law, 
which, I again point out, just went into effect this year, the school 
can keep that child out not only for 45 days but for another 45 days 
and another 45 days. All the school has to do is go to the impartial 
hearing officer and say: This kid brought a gun to school. It is a 
manifestation of his disability, but under these circumstances, this 
kid is a danger to these other students and should be kept in an 
alternative setting for another 45 days.
  Is it not true that the school can do that? So that if the facts are, 
as the Senator said, the kid is back in the classroom; obviously the 
school officials felt the kid was not a danger to anyone and they let 
him back in the school.
  So I ask the Senator, is that not local control? The local school 
officials had to decide that child was not a danger and let him back 
in. There is no other way it could happen. I ask the Senator if that is 
not so?
  Mr. FRIST. That what is not so?
  Mr. HARKIN. Let me try again. The kid brought the gun----
  Mr. FRIST. This is our wording: School personnel may discipline a 
child with a disability who carries or possesses a gun or firearm to or 
at a school, on school premises or at a school function under the 
jurisdiction of the State or local education agency in the same manner 
in which such personnel may discipline a child without a disability, 
period. That is all we are saying. I don't see how you cannot agree 
that you should treat every child who comes into a school with a gun or 
bomb the same. How can you separate one group of people out?
  Again, I am committed to individuals with disabilities, but how can 
you separate them out and say, we are going to treat you differently 
and allow you to go back in the classroom, whether it is 10 days, 45 
days, 35 days; you can argue that all you want, you can go back into 
the classroom, but any child who doesn't have a disability, you are 
out? That just doesn't make sense.
  Mr. HARKIN. Let us look into that.
  Mr. FRIST. You can look into it. But your 10 days or 45 days is 
missing the point of the amendment. The amendment is what I just read. 
You treat everybody the same.
  Mr. HARKIN. Well, let us look at that. I think the Senator said he 
supports IDEA. He supports the Individuals with Disabilities Education 
Act. The fact is that we do treat children with disabilities different 
than we treat other children. Does every child in a school have an IEP, 
I ask the Senator?
  Mr. FRIST. No. But my whole argument is, should they bring a bomb 
into the schoolroom, would you treat them differently and let them go 
back in. That is what I am saying. There are some times that you cannot 
segregate a group of people and say, you get a special privilege when 
it comes to bombs and guns coming to the school room. That is the point 
that I am making.
  Mr. HARKIN. Let me respond to the Senator on that. I am trying to 
follow this logically and not to get too inflamed here.
  If we believe that a child with a disability is treated differently 
than a child without a disability--we accept that. A child with a 
disability has an individual education program. There are certain laws 
that we have passed which if a State wants to accept Federal moneys, 
they abide by. No local education agency has to abide by the laws of 
IDEA if they don't want to take the money. Now, they would still have 
to provide a free and appropriate public education to kids under 
Federal court rulings.
  Again, I say to the Senator from Tennessee, that as long as we treat 
children with disabilities differently, and we do because they are 
disabled, we then take it to the step that the Senator said. Should we 
treat a disabled child who brings a gun to school differently from a 
child who is not disabled? I think that is a good question. At first 
blush, it might seem to the casual observer that no, they should be 
treated the same.
  I say to the Senator from Tennessee, let's take two children. One is 
a child with no disability, has an IQ of 120, has good grades, comes 
from a pretty decent family, who all of a sudden gets a mean streak and 
brings a gun to school. That is one kid.
  Let's say we have another kid. He has an IQ of 60. He is mentally 
retarded. He has cerebral palsy. His lifetime has been one of being 
picked on by other kids and made fun of. Because of IDEA, he is now in 
a regular classroom. Some kids come up to him and they say, look, 
junior, we know your old man has a gun at home and he has a couple of 
pistols. If you don't bring one of those pistols to us tomorrow, we are 
going to cut your ears off. The kid has an IQ of 60. He is mentally 
retarded. He has cerebral palsy, maybe even suffers a little bit from 
schizophrenia, I don't know. The kid is terrified. He goes home. He 
sneaks the old man's gun. He takes it to these kids, and he gets caught 
by the principal or someone who sees the gun. Should that child be 
treated differently than the kid with a 120 IQ, who knew exactly what 
he was doing and who had a mean streak and brought that gun to school?
  Mr. FRIST. Yes.
  Mr. HARKIN. The Senator can say yes. I say no.
  Mr. FRIST. Let me respond to the question. They absolutely should. If 
two children walk in, regardless of their IQ, the one with a 120 IQ has 
a gun, and the next one has a gun and has an IQ of 60, when it comes to 
removal from the room and being kept out, they should be treated 
exactly the same. It should be by local control. It doesn't mean let 
them in or keep them out, it means having the decision made by the 
principal and not by the well-intended legislation that has this huge 
loophole in it.
  Treat every child who brings a gun or a bomb to the room the same, 
regardless of who they are or how empathetic you can make the story 
seem. The big thing is that you treat them the same. It is the 
principal and the teacher and the people locally who decide, not the 
Senate.
  Mr. HARKIN. Now, I believe the Senator made a very important point 
there in his first comment to me. The Senator said that if two kids--
the ones I described--bring a gun to school, they should be treated 
exactly the same in terms of removal. I agree with the Senator. In 
terms of removal, they should be treated the same. Today, under IDEA, 
they are treated the same.
  I am going to stick with my example of the two kids who bring a gun 
to school. Right now, under IDEA, the principal can call up the police 
and say come and get these kids, and they get them and haul them to the 
police station. They don't care whether the kid is under an IEP or not. 
I agree with the Senator; in terms of removal, they should be the same. 
And they are the same today. In terms of getting them out of the 
classroom immediately, they are treated the same.
  Where the difference occurs is later on during the 45-day period, 
where it is examined as to why the kid brought the gun to school, and 
whether it was a manifestation of his disability or not.
  I ask my friend from Tennessee this straightforward question: Is it 
true that under IDEA, as it is today, if a disabled child brings a gun 
to school and a nondisabled child brings a gun to school, they are both 
treated the same in terms of removal?
  Mr. FRIST. That is totally incorrect. I just gave you an example 
where there were eight students in Tennessee. One was expelled because 
he did not have the disability, and three others were back in the 
classroom. Do you call that being treated the same? Absolutely not.
  The whole purpose of my amendment is that, if you bring a gun or a 
bomb to the classroom, you be treated exactly the same. And if you 
don't have a disability, if you aren't in a special education class, 
you are out of school, no questions asked. If you have a disability, 
there are at least three out of eight chances you are back in the 
classroom within 45 days. That is not the case.
  Mr. HARKIN. Let me try again. Let's talk about removal. Talk about 
day one. Two kids bring a gun to school. One is disabled and one is 
not. Is it

[[Page 10148]]

true that the principal can immediately expel both students on that day 
and get them out of school?
  Mr. FRIST. No. He can suspend, not expel. That student has to go 
through a manifestation process, an initial 10 days and then 45 days 
with a determination, and that student can be back in the classroom, as 
has been demonstrated in Nashville, TN, and other places. Anybody can 
check their own statistics.
  Mr. ASHCROFT. Will the Senator yield for a question?
  Mr. FRIST. I will yield to my colleague from Missouri for a question.
  Mr. ASHCROFT. Mr. President, I ask the Senator from Tennessee, when a 
student is subject to an IEP and is disciplined for bringing a gun to 
school now, is it not an immediate discipline of expulsion for a year 
as it is for others; is it for a limited period of time? What is that 
first interval of discipline that is provided for under IDEA?
  Mr. FRIST. Under IDEA, for students with a disability who bring a gun 
to school, there is an initial 10-day period in which they can be taken 
out and then a 45-day period during which that manifestation process 
takes place.
  Mr. ASHCROFT. If I may pursue an additional question. So there is a 
disparity right away. The student without an IEP is expelled for a 
year.
  Mr. FRIST. It is zero tolerance in Tennessee and in most States 
today. If you don't have an IEP, or are not disabled, you are expelled 
under zero tolerance for a year.
  Mr. ASHCROFT. Under an IEP, you have an initial 10-day suspension, 
and legal proceedings start to determine whether or not the carrying of 
the gun, brandishing of the gun, or bringing the pipe bomb or a firearm 
into the classroom was a manifestation of your disability?
  Mr. FRIST. That is correct.
  (Mr. CRAPO assumed the Chair.)
  Mr. ASHCROFT. When you talk about a manifestation of a disability, 
what does that mean? That you bring a gun to school because you are 
disabled? Is that what you are saying? Or could that mean because you 
are severely emotionally disturbed, for instance?
  Mr. FRIST. It certainly could. The manifestation process is a 
complicated process and one to reach out to people. The term can 
certainly mean that.
  Mr. ASHCROFT. So it could be that a student who is severely 
emotionally disturbed is protected from being expelled for a full year, 
based on the fact that he is severely and emotionally disturbed and 
that resulted in the bringing of the gun to school?
  Mr. FRIST. That is correct.
  Mr. ASHCROFT. Then the suspension--if you got past the 10 days, you 
could suspend the student for 45 days.
  Mr. FRIST. During which that so-called manifestation process takes 
place.
  Mr. ASHCROFT. That is related to whether or not his disability or 
special education status caused or was related to the bringing and 
brandishing of the gun?
  Mr. FRIST. That is correct.
  Mr. ASHCROFT. Now, these determination proceedings, do they involve 
substantial expense for the school?
  Mr. FRIST. They certainly do, and it is very expensive. The process 
itself is a process that I think can be important and useful. So the 
overall manifestation process, as we look at IDEA, is something that I 
am not necessarily critical of. It is the idea of taking a disability 
and saying the disability and bringing a gun mean that you are back in 
the school with unequal treatment.
  But the answer is yes. I travel around Tennessee and people tell me 
this manifestation process can be very expensive because it involves 
lawyers.
  Mr. ASHCROFT. Thousands of dollars?
  Mr. FRIST. Yes, thousands of dollars.
  Mr. ASHCROFT. That lasts 45 days, according to the Senator from Iowa, 
and you have to have another hearing to have another 45 days.
  Mr. FRIST. There can be an extension for another 45 days if a 
determination is made. You go for 45 days, and it can go another 45, 
although, usually if it is a manifestation, after 45 days the student 
is back in school.
  Mr. ASHCROFT. The theory of the legislation probably provides a basis 
for having this series of bureaucratic trials and hearings every 45 
days as people are litigating whether or not you could keep a very, 
very dangerous person out of school.
  Mr. FRIST. That is the way it is written, to take 45 days. Your 
fundamental question is, did the disability cause you to bring the gun 
to school?
  That is hard to imagine, to be honest. It seems that if it is the 
cause, you would not want to put them back in school. The idea of 
having 45 days and another 45 days if they are threatening, as the 
Senator from Iowa mentioned, conceptually, that is pretty good. Imagine 
that it is manic depression, or something frustrating, something that 
can be treated, and a kid is violent underneath, and they did bring a 
gun to school. You are going to want to give the kid the benefit of the 
doubt. You are not going to say keep them out another 45 days and then 
another. If the kid comes in and says, ``I am sorry,'' you say, ``Go 
back to school.''
  That is just treating people differently because they happen to have 
that particular illness and you are getting them back in the school. 
All I am saying is let's equalize it and keep treating them the same.
  Mr. ASHCROFT. Earlier the Senator said that it is hard to imagine a 
person would have brought a gun to school based on a disability. But in 
fact the determination from Davidson County, Nashville, TN, is that 
over the last couple of years they apparently found that a number of 
the individuals involved--two in 1 year and three from another year--
the determination was made in this process that bringing the gun was 
related to a disability and therefore the student was not to be treated 
the same as other students but would have a very tactical set of 
bureaucratic rights to remain in school, or reenter school.
  It seems to me that goes to the heart of what we are talking about--
whether or not a student who has a problem that causes the student to 
be involved in bringing a gun--that is, the manifestation proceedings. 
Part of the evidence or manifestation of the problem is that you come 
to school with a gun. That provides the authority for reentering 
school. The fact that you have a problem which causes you to bring guns 
to school becomes your license to get back into school.
  I think that describes the loophole we have talked about. We created 
it here in the Senate.
  Am I getting to the heart of it?
  Mr. FRIST. No. It is that loophole that has been created.
  I will tell you what my theory is as I look and talk to people around 
Tennessee. Whether people are supporting individual disabilities or 
not, it is not about that. It has to do with the great fear I have in 
this unequal treatment of people, and allowing that special group of 
people with an offense of bringing a gun to school or a bomb to school 
to go back into school when you don't let anybody else to go back into 
school. I will tell you, to me, that is a potentially devastating 
loophole we have created. It hasn't anything to do with the disability. 
That is my greatest fear. That is why the amendment is on the floor.
  Mr. HARKIN. Will the Senator yield for an observation and again for a 
question?
  I say to the Senator from Missouri, again, I don't mind people making 
a decision one way or another on these things. I hope we base it on 
factual circumstances. The fact is that what the Senator, my friend 
from Missouri, just described is the idea in the old law, going back 20 
years. We had the 45-day period, at the end of which kids can go back 
to school. We changed that. The final regulations on that didn't become 
final until March of this year when we put the 45 days in, at the end 
of which, if the school officials believe that the child is still a 
danger, they can go to a hearing officer, and say, hey, because of all 
these reasons, that kid should be kept out of school for another 45 
days.
  I say to my friend from Tennessee that I don't have that much lack of 
faith in my school principals and officials. If they look at this kid 
and say, wait a minute, this kid is a danger, they are going to throw 
up their hands

[[Page 10149]]

and say, oh, my gosh. They want to protect their schools, and they are 
going to go to a hearing officer and say, wait a minute, keep that kid 
out.
  So I want to make it clear that what my friend is talking about is 
the old law. That is all I want to make clear.
  Mr. ASHCROFT. I think it is important to accept the fact that you 
have faith in the school administrator and the principal, because under 
the proposal of the Senator from Tennessee, and under my proposal and 
under the Gun-Free Schools Act for schools, which we passed, a 
principal has the discretion of being able to allow a student to 
reenter. And, if you trust the principals, you trust the school 
official, that is an available opportunity as it exists and would exist 
if we were to pass this amendment providing for uniformity, because we 
allow the treatment under our proposal to be identical to the treatment 
for any other student not the subject of an IEP. And principals have 
the discretion to allow such other students back into the classroom.
  So what we want to do is not punish anybody, we want to allow that 
principal to exercise his discretion in a way that is likely to promote 
safety in the classroom and in a way that it does not hamstring the 
principal.
  Just to give you an idea, people do not understand, and I didn't 
understand, what a manifestation determination is. This is a flow chart 
of how a manifestation determination is made under IDEA. This is a very 
serious process. To go through these kinds of processes and to have to 
jump through these legal hoops and to cause the school districts--the 
cheapest hearing I have been able to talk to a school superintendent 
about in my State is between $7,500 and $10,000, just to conduct a 
hearing to do in the special settings what the principal is able to do 
given his need to protect the safety of the school environment on his 
own in another setting.
  I think that is what we are looking at. We are not here to try to say 
that we want to abuse individuals who are the subject of IEPs. We 
passed the statutory framework designed to help disabled children. We 
want them to get a good education. But I submit to you that among those 
most exposed to the threat to safety and security in the schools when a 
student with a disability comes with a weapon are other disabled 
students.
  This is not a question of pitting students with a disability against 
other students in the classroom, this is a question about safety and 
security in the classroom and allowing those individuals charged with 
the awesome responsibility of providing for the education of our 
youngsters the authority to take the steps that are necessary, absent 
intermeddling bureaucratic barriers from Washington, to secure the 
school environment.
  Given the fact that every principal has the authority in other 
settings to be able to reenter a student who is appropriately at a 
stage to reenter the classroom, this bill would not prevent principals 
from having the same approach to students who were the subject of IEPs.
  Mr. FRIST. I don't want to keep going back to the underlying 
amendment. We again have discussed this, and we have debated it. It 
really comes back to treating people the same under this concept of 
guns and violence in the school. I think we may come down to a 
fundamental disagreement that you believe the current legislation will 
cover and take care of what is happening, that if they have a 
disability and a manifestation of bringing that gun to school is 
related to the disability, it is OK for them to come back to school if 
somebody says they are not threatened.
  Mr. HARKIN. If the school officials say it is OK.
  Mr. FRIST. That is right. I think that is going to be different, 
because we are basically going to say let these school principals and 
officials make the ultimate decision, and not an officer who happens to 
be assigned to manage that particular case, who is going to develop a 
relationship with that student and family, and who says, ``Please let 
him go back to school.''
  Let's treat everybody the same. Let the authorities, the principals, 
the teachers, make that decision instead of separating them out, since 
we know they come back into the school.
  Let me again read the amendment.

       School personnel may discipline a child with a disability 
     who carries, or possesses, a gun, or firearm to or at school, 
     on school premises, or at a school function under the 
     jurisdiction of a State or a local educational agency in the 
     same manner in which such personnel may discipline a child 
     without a disability.

  Again, I have given examples of people going back into the 
schoolroom. Let me give two other examples.
  This is an article in the Washington Times.

       Fairfax County, Virginia, school officials learned that a 
     group of students were in possession of a loaded .357 magnum 
     handgun on school property. They moved quickly to expel the 
     six students. Five students were expelled. One student, a 
     special education student who had a learning disability, who 
     had what they called a ``weakness in written language 
     skills,'' continued to receive an education. School officials 
     reported that this child bragged to other teachers and 
     students that he could not be expelled because he was in 
     special education.

  That is the signal we have sent through IDEA, through this loophole 
in our legislation, not the overall legislation. The overall 
legislation is great.
  In the Cobb County school system in Atlanta, not too far from where I 
am, two students, who were initially expelled for bringing a handgun 
and ammunition clip to school, were also protected by IDEA because they 
were special education students. There is just too much of this special 
treatment.
  Our simple amendment basically says, disabled or not, educational 
status or not, whoever you are, you need to be treated the same where 
such personnel ``may discipline'' a child the same without a 
disability.
  Mr. HARKIN. May I ask the Senator another question?
  Mr. FRIST. Yes.
  Mr. HARKIN. Does the amendment also not seek services for these kids 
under paragraph (b), ``ceasing to provide education''?
  Mr. FRIST. We basically say we will treat those students with a gun 
or a firearm the same as nondisabled students.
  The whole cessation of services we are not here to debate. Everyone 
will be treated the same, whether disabled or not disabled.
  Mr. HARKIN. It is part of the amendment?
  Mr. FRIST. That is correct, but nondisabled students have cessation 
of services. The 85 percent of American students out there not 
classified as disabled have cessation of services.
  Treat them the same.
  Mr. HARKIN. One of the reasons I think the Senator will find the 
Parent Teachers Association, Association of Police Chiefs and other 
police around the country opposing this amendment is they think the 
worst thing we could possibly do would be to take kids who are 
severely--emotionally or otherwise--disabled and throw them out on the 
streets.
  Mr. FRIST. We are not saying that. We are saying treat them the same. 
We are not telling them they have to cease services.
  I hope you have more respect for the services that will be needed and 
helpful. We are not saying you have to cease services. You can still 
provide the services. We are saying treat everybody the same.
  Mr. HARKIN. The reality of the situation and the reason we have 
IDEA--and we hear it all the time; I hear it from my principals, too, I 
say to my friend from Missouri--sometimes it is tough to put up with 
the kids with special needs. They need a lot of attention. Sometimes 
they are a little raucous. Sometimes the principals throw up their 
hands and want to get them out of the classrooms. The teachers want to 
get them out of the classrooms. They are hard to deal with. These are 
kids with disabilities.
  Time after time, for every story either of my friends relates about 
principals or others who are at wit's end because of a kid, I can come 
up with ten other stories of parents with kids who are disabled and how 
those kids were mistreated in school.
  The reality of the situation is--and this is only my feeling--if you 
take two

[[Page 10150]]

kids, one disabled maybe with a learning disability, maybe with other 
problems, who has been mainstreamed in school, expel him as you do a 
regular student and leave it up to the principal to say, OK, you can 
let him back in when you want, I think that principal will have a lot 
of pressure on him to let one kid back in, maybe, depending on the 
circumstances, but that disabled kid, that kid causes a lot of 
problems, costs a lot of money, we will keep him out.
  I am just telling Senators that has been the situation for the past 
30 to 50 years in this country. That is why we have IDEA. That is why 
we have individualized education programs for these kids. That is the 
reality of the situation.
  Mr. FRIST. But the Senator from Iowa understands that we are not 
saying keep the students out forever. We are saying if you keep the 
nondisabled student out for the rest of the year, you should be able to 
keep the disabled student out for the rest of the year.
  In fact, if you look at nondisabled students in terms of cessation of 
services, because the implication is people are so bad and mean they 
will cut off services, if you look at the nonspecial ed students in 
Nashville, TN expelled under zero tolerance, 55 percent of those are 
provided services.
  I guess the Senator argues that of the disabled there will be such 
intense discrimination against that group of people, and I understand 
Senator Harkin has fought the battles here for 20 years, and I respect 
that tremendously. I guess I have more faith in our principals and in 
our schools that if you treat everybody the same, that is exactly what 
you will do.
  Mr. ASHCROFT. Will the Senator yield?
  Mr. HARKIN. Will the Senator yield?
  Mr. FRIST. I yield to the Senator from Missouri and then the Senator 
from Iowa.
  Mr. ASHCROFT. What I appear to be hearing is if they are treated the 
same as nondisabled students, that is kind of a discrimination.
  That is equity and parity in treatment. It doesn't stack up to 
discrimination, in my judgment.
  I wonder if the Senator from Tennessee is aware of the letter from 
the National School Boards Association regarding the Frist-Ashcroft 
amendment to S. 254.
  Mr. FRIST. I have not seen that.
  Mr. ASHCROFT. It is an interesting letter on behalf of the Nation's 
95,000 local school board members. This is from the executive director, 
Anne L. Bryant, executive director of the National School Boards 
Association:

       The National School Boards Association urges you to support 
     the Frist-Ashcroft amendment to S. 254 that would enhance the 
     safety of all students from gun violence.

  We are not talking about the vast number of individuals that are 
participants in the IDEA program. The number is vast, with 13 or 14 
percent in Tennessee, and 13 or 14 percent of the students in Missouri 
and Iowa. These are not people who show up for school with guns very 
often. When some of them do, they are threatening the others.
  When a person shows up with explosives or a gun at school, the 
objective there ought to be school safety. It ought to be to address 
that.
  The amendment provides school officials with the discretion to 
suspend or expel students covered by the Individuals with Disabilities 
Education Act in the same manner as other students in cases where they 
bring firearms to school.
  It has been stated there is a lot of opposition. This is a letter 
from the 95,000 members of the School Boards Association stating this 
is the right thing to do.
  Mr. FRIST. I think we have been very careful to try to get this 
amendment as tight and focused as we could, talking about guns in the 
classroom, bombs in the classroom.
  We have gone so far to put wording in the bill to say they 
intentionally have to bring that gun into the school or the classroom. 
We have done our best to get it as narrow and focused as we possibly 
can.
  It comes down to safety. We are on the juvenile justice bill. We had 
these terrible 27 deaths from guns in classrooms, and this bill goes 
right at the heart. Again, not the disability community or individuals 
with disabilities. I count myself among their greatest advocates, but I 
am concerned that with the loophole we created that something drastic, 
devastating, is going to happen because of this loophole where we are 
treating students with disabilities in special education, allowing them 
to return to the classroom, but not letting anybody else return to the 
classroom.
  We are treating them differently, where people who brought a gun to 
the classroom can return 45 days later.
  Mr. ASHCROFT. In specific inquiries to the individuals who provided 
the Senator with the information from the Davidson County school 
system, is it their view that this loophole exposes the system and the 
students in the system to a risk they would not otherwise be exposed 
to?
  Mr. FRIST. I talked with the officials in the major urban areas where 
the concentration of people are throughout Tennessee. There is general 
agreement of people who are on the front line in the schools, who are 
responsible for the safety of our children who are there every day. 
They say, Senator Frist, we know you are the advocate for individuals 
with disabilities, but how could you create a huge loophole that puts 
our children at risk? That is why I am here.
  Mr. HARKIN. Let me ask the Senator----
  Mr. JEFFORDS. Will the Senator answer a question?
  Mr. FRIST. Did the Senator from Vermont have a question?
  Mr. JEFFORDS. I would like to volunteer this point.
  Mr. HARKIN. Come on over. We are all friends.
  Mr. JEFFORDS. I listened very carefully. I think when you get right 
down to it the basic question is, in the final analysis, should the 
school have to afford an alternative education situation and pay for 
it. It is a matter of dollars and cents. It has nothing to do with the 
safety of the children or anything else.
  Under the circumstances you are dealing with here, if a child comes 
in with a gun, if it is somebody without an IEP or whatever, they can 
be thrown out of school and they can be let back into school. That is 
entirely the discretion of the school officials. They can say this is 
an aberration or whatever.
  If a child with a disability comes in, then you go through the 45 
days to assess as to whether or not it was as a result of a disability. 
If it was not the result of a disability, then the child can be 
disciplined as any other child. If, on the other hand, it was the 
result of a disability, then they are required to provide an 
alternative educational situation. It may or may not cost something. 
But that child is not in the classroom. So no child goes back into the 
classroom if they are a threat to the classroom.
  What it comes down to, and what the school officials object to, as I 
understand it, is they have to set up a special 45-day program for this 
child, and pay for it. The reason is not to protect the school or 
protect the kids; it is to make sure they do not have to provide the 
funds. You can keep those 45 days going forever. Then that costs money. 
So this is not a safety question. This is a money question. The school 
boards are saying they don't want to pay for those 45 days. That is 
what they are saying.
  Mr. FRIST. That is not what I heard. Basically, what I hear from the 
superintendents and the principals is the safety end of it. The expense 
is expensive, it has been pointed out. What I am dealing with is the 
safety end of it, the fact that our principals' hands are tied because 
of the way the legislation is written, because of the threat of 
lawyers, of trial lawyers who threaten to sue the school, the school 
system, based on our bill that they basically are saying the students 
come back in the classroom, when the student without the disability is 
out for the school year.
  Mr. ASHCROFT. Will the Senator from Tennessee yield for a question?
  Mr. FRIST. I will.
  Mr. ASHCROFT. I ask him if his experience has been similar to mine. I

[[Page 10151]]

have probably gone to 30 or 40 school districts in the last 3 months, 
visiting school districts. I have found people are very concerned about 
the safety of students. My own view of it has been totally different 
from that suggested by the Senator from Vermont, saying that school 
safety is not the question here. I talked to one superintendent. This 
did not happen to be an IEP student who carried the gun to school but 
who threatened to kill other students in school seven times.
  Of course, because of the problems in effecting discipline, they kept 
the student in school. Finally the student shot another student. Safety 
issues are involved here. Make no mistake about it. When someone brings 
a gun into the school, safety issues are involved.
  Mr. FRIST. There have been 27 people murdered.
  Mr. ASHCROFT. This is not just a financial issue when someone brings 
a pipe bomb to school. That is a safety issue. Sure it costs money to 
put the person in alternative settings, and it costs money to have a 
hearing every month and a half, every 45 days. Those are massive costs. 
I will not deny those are very serious costs. But let us not suggest--
at least to the school districts that I dealt with--that there are no 
safety issues involved when people bring guns and pipe bombs to school. 
Does that comport with the Senator's experience in Tennessee?
  Mr. FRIST. Yes, it does. The purpose of the amendment is just that. 
It goes back to having safe schools. That is what we have been debating 
so much over the last several days.
  I will yield the floor. Other people want to go forward, but let me 
just close and say the purpose of this amendment is real simple. That 
is to get rid of a loophole which allows one group of students to be 
treated differently. If they both brought a gun to the school, the 
loophole being that a group of students are ending up back in school 
where one group of students is expelled. All this amendment says is, 
let's treat everybody the same and let's have those decisions made 
locally.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Vermont.
  Mr. JEFFORDS. Mr. President, I would just like to sum it up. What we 
are talking about are the problems we have had from the beginning of 
time, the problems that children with disabilities have and how we 
handle them. The reason we created IDEA, the reason it was passed, is 
that we were not allowing the children with disabilities to get any 
education. It went to the U.S. Supreme Court. A consensus decision by a 
number of courts, I should say, was reached, in which they determined 
that if you are going to provide a free and appropriate education 
generally to the public, you have to have an appropriate education for 
children with disabilities. And we funded that. We required that. That 
is why we are here today.
  What we are now dealing with is we do not want to provide those 
services. If a student has a disability and provided a threat to the 
school, it is perfectly clear, if it is a result of a disability, you 
have to provide that child with an education as the Constitution 
requires, because, if it was the result of a disability, he is not 
really responsible for it, so you have to provide it. That gets 
expensive.
  If it was not part of the disability, then the child is just treated 
as any other child and there is no need for a different or additional 
IEP, away from the classroom setting; the child gets treated and 
handled like anyone else.
  Mr. ASHCROFT. Will the Senator yield for a question?
  Mr. JEFFORDS. I will be happy to yield.
  Mr. ASHCROFT. Is it the Senator's position, then, if a student is the 
subject of a IEP, a special education student, and brings a gun to 
school and it is determined that student did not bring it as a 
manifestation of the disability----
  Mr. JEFFORDS. Right.
  Mr. ASHCROFT. Is it your position, then, that the school can expel 
him with no responsibility to provide services?
  Mr. JEFFORDS. That is not correct.
  Mr. HARKIN. They have to provide services for him. They have to 
provide services.
  Mr. ASHCROFT. Wait a second. Apparently, there appears to be a 
difference between you and the Senator from Iowa. I was just going to 
indicate--is it your view in the event the dismissal comes because the 
gun was not a manifestation, that there is no responsibility?
  Mr. JEFFORDS. He is just treated like anyone else at that point as 
far as discipline, is my understanding.
  Mr. HARKIN. If I might interject myself into this a little bit?
  Mr. JEFFORDS. I yield to the Senator from Iowa.
  Mr. HARKIN. I respond to the Senator from Missouri that services 
always have to be provided. Educational, medical, mental health, those 
kinds of services do have to be provided. But if it was not a 
manifestation of a disability, of course, the kid can be expelled from 
school.
  Mr. ASHCROFT. So the distinction is not that the law provides that 
there can be no services, or will be none, your view is directly 
contrary to that of the Senator from Vermont, that services must be 
provided on a continuing basis, even if it was not a manifestation. But 
he can be kept out of the school?
  Mr. HARKIN. That is in the law.
  Mr. ASHCROFT. I think it is in the law. That is why I was asking the 
Senator.
  Mr. JEFFORDS. He may not have to return to the school.
  Mr. HARKIN. If the Senator will yield?
  Mr. ASHCROFT. Not providing them at the school. That is where you do 
get into expensive treatments, where you get to $60,000, $70,000, 
$80,000 a year to provide the student with individualized home-based 
education.
  But the point is, the purpose of the amendment of the Senator from 
Tennessee, which I am very grateful for the opportunity to participate 
in with him, is to provide an equity in services. When you suggest that 
there is an equity for those who are subject to an IEP, but the 
violation is not a manifestation of the disability, that there is not 
any requirement for services, that is simply not true. The law provides 
the services must continue.
  I think the fundamental point the Senator from Tennessee and I want 
to make is this. There are not very many people who are bringing guns 
to school. There are very few of them. And even fewer who would bring 
guns or pipe bombs to school are students with a disability.
  But for those who do, the school officials ought not to have to go 
through torturous legal proceedings and laborious determinations of 
manifestations and the like for those who bring pipe bombs and guns to 
school. We ought to be able to trust the principals to say: You don't 
belong here in school. You will come back in the same manner that other 
students do.
  Mr. JEFFORDS. I might point out, under your theory here, if a child 
with a disability comes in, and it is not a manifestation of 
disability, they are not entitled, under the IDEA, to have any 
education at all. You just get rid of them, like you get rid of the one 
who came in who was not disabled.
  Mr. ASHCROFT. That is exactly the kind of parity we are talking 
about. If a person brings a weapon to school, the principal has the 
right to say: You do not belong in school and you are not going to 
disrupt or threaten the safety of this school environment and you are 
not entitled to special services, especially in cases where bringing a 
weapon to school had nothing to do with your disability.
  I believe it ought to be the case, and this amendment provides we 
give school administration officials the kind of discretion they have 
in their own States and under the Gun-Free Schools Act we passed a 
couple years ago where the principal has the discretion to expel them 
for a year, with the discretion to allow them to reenter on his or her 
determination or school authorities' determination.
  Mr. HARKIN. Will the Senator yield?
  Mr. JEFFORDS. Under these circumstances which we are talking about--
expelled but not a manifestation--then a child is expelled from

[[Page 10152]]

school but is still entitled to educational services. That is the 
difference. That means an additional expense. The child who does not 
have a disability and is thrown out of school has to find another 
school, has to get a tutor or do something else. We are all talking 
dollars and cents. We are talking about a cost that is added by virtue 
of the fact that you must provide special services.
  Mr. HARKIN. If the Senator will yield.
  The PRESIDING OFFICER. The Senator from Missouri--
  Mr. JEFFORDS. I have the floor.
  The PRESIDING OFFICER. The Senator from Vermont has the floor.
  Mr. HARKIN. If the Senator from Vermont will yield for a question.
  Mr. JEFFORDS. I yield to the Senator from Iowa.
  Mr. HARKIN. I say to the Senator from Missouri, as long as it takes 
to reach some parameters on this, the fact is, the principal's hands 
are not tied right now in getting kids out of school immediately. Will 
the Senator agree with that or not? No?
  Mr. ASHCROFT. For expelling students.
  Mr. HARKIN. Getting them out of the school immediately if they bring 
a gun to school.
  Mr. ASHCROFT. For the first 10 days, they can get them out of school.
  Mr. HARKIN. Forty-five days.
  Mr. ASHCROFT. Then it takes additional proceedings to get to the 45-
day period.
  Mr. HARKIN. No, it doesn't; no, no, it doesn't; no, it doesn't. No.
  Mr. ASHCROFT. On the 11th day, you have to start a different regime 
that includes providing separate services, education in another setting 
if you don't provide it at school.
  Mr. HARKIN. But they can keep them out of the school for 45 days.
  Mr. ASHCROFT. They can keep them out of a regular classroom.
  Mr. HARKIN. Wherever they brought the gun to school, they can keep 
them out of that school for 45 days. The law is pretty clear. I don't 
know what we are debating here.
  Mr. ASHCROFT. In all deference to the Senator, the law is clear and 
the law provides substantial disparate or different treatment, and the 
treatment which is different causes very serious problems in the real 
world. It causes problems because we let students who bring guns into 
school back into the school system because of this system.
  Mr. HARKIN. Let's take it one step at a time, I say to my friend. I 
am trying to get to this one point. Are the principal's hands tied if a 
kid brings a gun to school--I don't care if they are disabled or not. 
In getting that kid immediately out of school for up to 45 days, I 
think the law is clear, they can do that; they don't have to show 
anything.
  Mr. ASHCROFT. They have responsibilities when they do that that they 
don't have with other students.
  Mr. HARKIN. Again, I am just saying----
  Mr. ASHCROFT. So if you are talking about hands tied, you may not tie 
their hands, but you force them to busy their hands doing a whole 
variety of other things.
  Mr. HARKIN. Again, I say to my friend----
  Mr. ASHCROFT. That results in those kids showing up in school far 
earlier than they otherwise would. It may not work that way on the 
floor of the Senate, but that is the way it works in school.
  Mr. HARKIN. I want to take it step by step.
  Mr. ASHCROFT. Sure.
  Mr. HARKIN. Step by step. The first step is getting the kid out of 
school because there is a clear danger. You want to get him out of 
there.
  I want to make it clear, we all understand that a principal can get 
that kid out of school. They can call the police station right now and 
say: Come and get this kid; he has a gun. They can take him down to the 
police station. The police can do it. They have that right now. Even if 
the kid is severely disabled, one can say, please come and pick him up 
and take him to the police station now. Their hands are not tied. I 
want to take the first step in getting the kid with a gun out of the 
school. I just hope that my friend will agree that the principal can do 
that.
  Mr. ASHCROFT. You are asking me that question?
  Mr. HARKIN. Yes.
  Mr. ASHCROFT. The principal can do that.
  Mr. HARKIN. Thank you.
  Mr. ASHCROFT. And this amendment is designed to extend the quality of 
treatment that you appear to admire at the first of the process through 
the process adequately so that we protect the safety of the school 
environment for a much longer period of time.
  Mr. HARKIN. OK. Now, my friend and I agree that the principal can get 
the kid out immediately. Let's take the second step: timeframe. For a 
disabled kid, it can be up to 45 days. They don't have to do anything. 
They can keep him out for 45 days. They don't have to show anything. 
They can keep him out for 45 days.
  Mr. ASHCROFT. They do have to do things.
  Mr. HARKIN. Provide services in education.
  Mr. ASHCROFT. That is different than with other students.
  Mr. HARKIN. That is true.
  Mr. ASHCROFT. When we take these steps, let's tell the whole story 
about each step.
  Mr. HARKIN. For the disabled child, they do have to continue to 
provide services.
  Mr. ASHCROFT. If they don't let him back in, for that student, they 
have to set up some other school for him, and that could even be a 
school that is housed with a full-time teacher and all the kinds of 
assistance the student might need.
  Mr. HARKIN. It would be in an alternative setting to be determined 
among the parents, the hearing officer and the school.
  Mr. ASHCROFT. And that is totally different than it is for a 
nondisabled student.
  Mr. HARKIN. I agree with you.
  Mr. ASHCROFT. Good, good. Here we are, for the first 10 days, both 
can be sent out of school, but after the 10th day----
  Mr. HARKIN. I think then while we agree that the principal can get 
the kid out right away and can get him out for 45 days, our 
disagreement, it seems to me, is not so much on getting the kid out of 
the school immediately and getting the immediate danger out; it seems 
to me our disagreement is what happens later, what happens with those 
kids later on, how are they treated and how, if at all, they are let 
back in the school. That seems to be our disagreement.
  Mr. ASHCROFT. That is a very significant point here, and if I just 
take you to the schools, and the best information we have in this 
debate is what the Senator from Tennessee has brought us, that they are 
treated deferentially and a significant number of them are back in 
schools prematurely because the schools feel like they have to let them 
back in at a time when, according to their testimony, they are 
uncomfortable about it.
  Mr. HARKIN. Again, I think we can work through this. I hope. We may 
not always agree. I am trying to get down to the nub of the problem.
  Mr. FRIST. Will the Senator.
  Mr. HARKIN. And it seems to me that we do agree. I understood----
  Mr. FRIST. This Senator does not agree.
  The ACTING PRESIDENT pro tempore. The Senator from Vermont has the 
floor.
  Mr. FRIST. Will the Senator from Vermont yield?
  Mr. HARKIN. Will the Senator yield further?
  Mr. JEFFORDS. Let me get organized here. I yield to the Senator from 
Iowa. Please refer back to me and then I will recognize the others, and 
we will have an orderly process here.
  Mr. HARKIN. The point I am trying to make is that in the initial 
statement of my friend from Tennessee, the Senator talked about the 
Littleton school shooting and kids bringing guns to school and getting 
these dangerous kids out of school. I agree.
  I just wanted to make the point very clearly that in terms of a child 
bringing a gun to school, a principal right

[[Page 10153]]

now can deal with a kid who is disabled just as they can with a kid who 
is not disabled, in terms of getting that kid out of school, having the 
police haul them away, have them book him, have them charge him with a 
crime or anything else. I just wanted to make that point very clear, 
that they can get those kids out of that school.
  Now we are going to get into the next stage about what happens with 
those kids. That is the only point I want to make. I thank the Senator.
  Mr. FRIST. Will the Senator from Vermont yield for a short period?
  Mr. JEFFORDS. I yield.
  Mr. FRIST. For the last 45 minutes, we have had the Senator from Iowa 
talking to me or talking to the body trying to explain so everybody can 
understand this process that we have set up for individuals with 
disabilities, which is a good process overall because they are very 
complex issues.
  We have a 10-day period where we have one set of rules which I agree 
that basically you do the same for an individual with a disability and 
nondisability. Then you have a 45-day period, which, as the chart that 
we saw earlier shows, in terms of a manifestation process, is confusing 
and is a difficult process. It is an evolving process and one that has 
changed over time so that we can adequately consider individuals with 
their disabilities and what their special needs are.
  Our point, and I know the Senator from Iowa keeps shifting away from 
it, but I am going to keep coming back to it, because the amendment is 
so simple. Our point is to close a loophole that if a disabled student 
brings a gun or a bomb in the classroom, they end up back in this 
classroom. If you do not have a disability you are not in the 
classroom. That is a loophole.
  The point I want to make is, we can march through the whole 10-day 
period, 45-day period, another 45-day period of threatening and all 
that. That is the whole point, that we have barrier after barrier after 
barrier for a group of people who brought a gun into the classroom, 
with our children around, and they brought a gun there. We have all 
these barriers set up for one group of students, but for the other 
group of students they are out for that year. We say, treat them both 
the same. That is all the amendment does.
  Mr. JEFFORDS. That is, unfortunately, not the way the courts have 
ruled as to how a State has to handle those situations. Students with 
disabilities are entitled to an IEP. They are entitled to special 
education and related services. They can be denied going back into the 
classroom if they are in any way a threat to that classroom. But they 
are entitled to services. That isn't going to change. And this law will 
not change.
  Mr. ASHCROFT. Does the Senator from Vermont yield?
  Mr. JEFFORDS. Yes.
  Mr. ASHCROFT. On what basis does the court say they are entitled to 
an IEP?
  Mr. JEFFORDS. That goes back to the 14th amendment.
  Mr. ASHCROFT. The Individuals with Disabilities Education Act, isn't 
it?
  Mr. JEFFORDS. Based on constitutional decisions that were levied back 
in the late 1960s and 1970s, which determined that you had to give an 
equal opportunity to children with disabilities. Part of that equal 
opportunity is appropriate education, which takes into consideration 
the nature of the disability.
  Mr. HARKIN. Will the Senator yield to me to elaborate a little 
further?
  Mr. JEFFORDS. Yes.
  Mr. HARKIN. I say to my friend from Missouri that prior to the two 
1972 cases, the PARC case and the Mills case, it was found by the 
courts, and by others, that there were millions of kids in our country 
who were denied an education simply because of their disability.
  In both the PARC case--that is the Pennsylvania Association of 
Retarded Children--and the Mills case here in the District, the courts 
said, basically, look, if a State provides a free public education to 
its children--now, a State does not have to, States do not have to 
provide a free public education; there is no constitutional mandate for 
that, by the way. But the court said, if a State provides a free public 
education, under the 14th amendment to the Constitution it cannot deny 
a free public education, just as it cannot deny it to a child who is 
black, because of race, color, creed, national origin, sex, it cannot 
deny a free public education to a child with a disability; and, 
furthermore, the court said, because of the disability, the education 
must not only be free but appropriate.
  So I say to my friend--and I will just go through this a little bit 
longer--the States, then, were faced with a constitutional mandate that 
they had to provide a free appropriate public education to kids with 
disabilities.
  The States were panic stricken. How were they ever going to afford to 
do this? They came to Congress. Congress said: OK. We will set up a 
law. We called it the Individuals with Disabilities Education Act, 
passed in 1975. Both the Senator from Vermont and I were in the House 
at the time. We set up a law, and we said: OK. We want to have some 
national standards. We do not want to have 50 different standards. We 
want to set up national standards for providing services to kids with 
disabilities. We do not want 50 different things out there.
  So we set up IDEA. We said our objective was to provide 40 percent of 
the funding. By the way, we haven't, and we ought to.
  Mr. ASHCROFT. Glad to have your support on that, Senator.
  Mr. HARKIN. I always have. We ought to fully fund IDEA. But I just 
want to walk through this.
  So we set up IDEA, and we said, if you, State of Missouri, would like 
to have the money we can provide, then you have to adhere to IDEA. No 
State, including the State of Missouri, has to abide by any of the 
provisions in IDEA if they do not want to accept any of the money.
  Mr. SESSIONS. Will the Senator yield?
  Mr. HARKIN. I just wanted to point out, the Senator was questioning 
about whether or not this was a constitutional mandate. It is a 
constitutional mandate on the States that they have to provide a free 
and appropriate public education. IDEA says to the States: We will help 
you with money. Here are the rules of the game.
  Mr. ASHCROFT. Will the Senator from Vermont yield?
  Mr. JEFFORDS. I yield to the Senator from Alabama.
  Mr. SESSIONS. I have been traveling in my State and talking with 
educators. I have never had any issue that is of more concern to them 
than the problems of enforcing discipline caused by the IDEA Act. What 
we are doing in our schools today is not required by the Constitution. 
And sooner or later the people are going to rise up and put an end to 
it.
  Let me just share this thought with you. Taking a gun to school by a 
youngster is a Federal crime. What if they are put in jail, do they 
have to be sent back to the school? That is just the point.
  Let me read this letter I received just a few weeks ago from one of 
Alabama's most experienced attorneys general:
  He has been a leader in the State Attorney General Association.

       Dear Jeff:
       I am writing you this letter concerning my general outrage 
     over the laws of the Federal Government and how they are 
     being administered in relation to school violence.
       I had already been having meetings with our Superintendent 
     of Education concerning new rules and interpretations of 
     rules based on what I believe to be the Federal Disabilities 
     Act.
       The general thrust of the matter is that violent children 
     are being kept in school because of the Federal Rules 
     relative to disabilities.
       I can point to at least seven to nine occasions in Baldwin 
     County--

  His county----

     in which I believe expulsion was called for, but could not be 
     accomplished because of the interpretation of the 
     Disabilities Act.
       I realize that mental disorders can be a disability, but 
     the primary concern should be the safety of the children who 
     are not causing any difficulties.
       Our schools simply do not have sufficient resources for one 
     on one education and I would hope that you and other members 
     of Alabama's delegation would review this

[[Page 10154]]

     problem which I believe to be epidemic throughout this 
     Country.

  Here is an editorial in the Mobile Press Register about a 14-year-old 
student classified as ``EC,'' emotionally conflicted. He had to be 
assigned an aide to go to school, to go to class with him. One aide to 
this one student because of his problems, an aide assigned to him 
during school hours and during bus rides to and from school. The 
student was accused of assaulting his aide while the aide tried to stop 
him from trying to wreck the schoolbus.
  These are the kinds of things that have happened all over America. 
This bill does not go far enough, in my opinion. It only says, if you 
bring a deadly weapon to school, and in violation of Federal law, you 
have to be treated like everybody else, and you do not get special 
protections because you are emotionally conflicted.
  In fact, emotionally conflicted kids may often be the most dangerous 
ones, the ones most likely to come back in, say, 6 months from now and 
kill some innocent child in a classroom or shoot their teacher. This is 
a good step forward. I would like to, if I could, be listed as a 
cosponsor of the legislation.
  Thank you, Mr. Chairman, for your leadership on so many matters of 
education. I just wanted to share those remarks.
  Mr. HARKIN. Will the Senator yield?
  Mr. JEFFORDS. I appreciate the remarks.
  I, again, point out, if the child is violent and it is not a 
manifestation of their disability, they can be treated like anyone else 
as far as removal from school. If it is a manifestation, then special 
rules apply. Those special rules may well determine that they not be in 
the general education classroom. That process may require maybe an aide 
to be assigned to them. That is the way the law works.
  Many, many students who have disabilities have special aides assigned 
to them. We cannot let these kinds of very difficult incidents of 
violence throw out the whole law. We have to examine exactly how you 
handle students with disabilities, and situations where the disability 
results in school violence. In such cases they can be removed from the 
classroom; they can be removed from the school.
  But they must to be provided an appropriate education under the law.
  Mr. SESSIONS. If a child is emotionally conflicted and brought a gun 
to school on one occasion, why do we think he might not do that on 
another occasion, even some months later? It is a safety question for 
the school.
  This is a modest step in the sense that it doesn't say you can do 
anything if he beats up another student; it just says that if he brings 
a deadly weapon to the school, he can be treated like any other student 
and be removed. I think that is a good step and support the amendment.
  Mr. JEFFORDS. They can be removed either way. It is just a question 
where they end up--whether they end up going outside of the school and 
joining a gang or whether they get a special educational situation 
outside of the classroom, outside of the school. Those are the kinds of 
problems we must address whether or not they have a disability.
  Mr. SESSIONS. All I would say is the district attorney, David 
Whetstone, is a reasonable man. He is very concerned. I am hearing 
repeatedly from school superintendents and principals that no matter 
what we say about, in theory, how this law works, in practicality, it 
is endangering the lives of students, disrupting classrooms, causing 
teachers to quit, and costing untold amounts of money. In fact, the 
superintendent from Vermont did testify that 20 percent of his county's 
budget goes to special education students. Somehow we have gotten out 
of sync here. We need to move back to a more modest ground, I say.
  Mr. JEFFORDS. I say if the Congress achieves what we are trying to 
do, particularly what the Republicans are trying to do, fully fund 
IDEA, then many of those concerns would go away. But we are far, far 
from providing the State and local governments the money we told them 
we would.
  Mr. SESSIONS. You have been a champion of that, but even then our 
goal is to do 40 percent, not 100 percent.
  Mr. JEFFORDS. I was referring to about 100 percent of the 40 percent.
  Mr. SESSIONS. We haven't even honored our commitment to do 40 
percent. But even then, 60 percent of it would be carried by the local 
school system.
  Mr. JEFFORDS. You are accurate.
  Mr. HARKIN. Will the Senator yield briefly?
  Mr. JEFFORDS. I yield to the Senator from Iowa.
  Mr. HARKIN. I wanted to respond to my friend from Alabama.
  It seems to me the argument is, it costs too much money to take care 
of kids with disabilities. I remind my friend from Alabama, that 
Supreme Court right across the street, less than 2 months ago, had a 
case from Iowa, the Garrett F. case. Here was a kid who was on a 
breathing device in school every day, had to have a nurse with him 
every day because they had to clean the phlegm out of his throat and 
his lungs. He was on a breathing device, severely disabled. His mind 
was fine, mind was great--the kid knew what was going on, a good 
student.
  The school didn't like it because it was costing them a lot of 
money--I say to my friend from Alabama--so they took the case to the 
Supreme Court. That Supreme Court over there, in a 7-2 decision, 
including some of the most conservative Members of that Court, said 
that under the Constitution of the United States they had to provide 
that opportunity. We can argue about how we provide it, but, please, 
don't tell me that somehow, because these kids cost a lot of money, we 
have to give them less in their lives than kids who are not disabled.
  I yield the floor.
  Mr. JEFFORDS. I am glad to yield to one of you, and then I am 
yielding myself off the floor. I yield to the Senator from Missouri.
  Mr. ASHCROFT. Mr. President, I want to bring the attention of the 
Senate to what I believe to be the law in this situation, that absent 
specification in the IDEA law itself, the extension of continuing 
services is not required according to, I think, the best on-point legal 
decisions in cases where a person would otherwise have forfeited his 
right to school because of the disciplinary problem.
  The case of Virginia Department of Education v. Riley, from the 
Fourth Circuit, found that the plain language of IDEA did not condition 
the receipt of IDEA funds on the continued provision of educational 
services to expelled children with disabilities and that in order for 
Congress to place conditions on the State's receipt of funds, Congress 
must do so clearly and unambiguously. Therefore, that is one of the 
reasons the law was changed following that.
  Mr. HARKIN. What was the date of that case?
  Mr. ASHCROFT. That is prior to the change in the law, I say to the 
Senator from Iowa. I am explaining, that is one of the reasons the law 
was changed. I think you changed the law, and the source of the mandate 
that services be provided, according to that case and according to the 
response of the Congress, was the change of the law.
  So the Constitution does not provide a mandate that people have to be 
given continuing services forever in discipline cases, which has been 
suggested.
  The point is, the Constitution hasn't been so construed, I don't 
believe. I think what the law has basically said is that that comes 
from what we did in the amendment of the law a year or two ago. Was 
that in 1997? Given that, if the source of that responsibility is the 
law, it becomes clear to me that we can change the law and alter the 
responsibility.
  Now, I think this has been both entertaining and somewhat 
instructive.
  Mr. HARKIN. Mr. President, I want to say to my friend from Missouri--
  Mr. JEFFORDS. I want to let the Senator from Missouri finish so I can 
depart.
  Mr. ASHCROFT. How nice.
  Mr. HARKIN. I want to tell him he is right.
  Mr. ASHCROFT. If the Senator wants to tell me I am right, first of 
all, I need reinforcements here to catch me when I fall over. But I am 
delighted.

[[Page 10155]]


  Mr. HARKIN. I wanted to say that the Senator was right and I misspoke 
myself. That Court across the street said the law was clear, that they 
had to do it. It was not the Constitution.
  Mr. ASHCROFT. I want to get back to the fundamental point, and there 
are about three of them. I will try to make these quickly: One, that 
the law does provide for differential treatment. If it didn't provide 
for differential treatment, we wouldn't have the law. As a matter of 
fact, part of it was in response to this Fourth Circuit opinion, and 
the Congress acted. In so providing, we created a big loophole for guns 
and firearms in the school.
  We basically provided a basis for differential treatment for people 
who are the subject of IEPs, these special education students, who 
might be--I forget what the Senator from Alabama said--emotionally 
distressed, or troubled, or severely emotionally distressed. They might 
be able to come to school and have different treatment if they carry a 
gun to school than if someone else does.
  The simple fact is that the Senator from Tennessee and I believe we 
ought to give authority to school principals to deal with such cases as 
forthrightly as they do with other cases. This is in light of the fact 
that when you get out, not in the Chamber of the Senate, not in the 
theory of the bureaucracy, but when you get out into local schools, the 
law operates to constrain those school officials to have students come 
back to school who have carried guns to school and pipe bombs to 
school. They have carried them in, and it is not in the best interest, 
according to school officials, to have the students back in, but they 
are back in.
  We simply want to liberate school principals and school officials to 
say to people who bring guns and pipe bombs, firearms, to school, you 
can't do that, you are out until we say you can come back, in the same 
way we say that under the Gun-Free Schools Act, which is the Federal 
Government's mandate, students are entitled to go to school in a place 
that is not full of guns and firearms.
  I thank the Senator from Vermont for according me this opportunity to 
make that simple statement, that we want to provide parity for 
students: No matter who you are, when you bring firearms and guns to 
school, we want the principal to be able to send you home.
  Mr. JEFFORDS. I think that narrows it down to all that I am saying 
which is, yes, they do that, but they have to provide an alternative 
educational circumstance, which is something different than other 
people without disabilities may not have been entitled to.
  With that, I yield the floor.
  Mr. LEAHY. Will the Senator from Vermont yield to the Senator from 
Vermont?
  The ACTING PRESIDENT pro tempore. The Senator has just yielded the 
floor.
  Mr. LEAHY. The Senator from Vermont thanks the Senator from Vermont. 
The Senator from Vermont will now take the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Vermont is 
recognized.
  Mr. LEAHY. Mr. President, there has been a good debate here by the 
Senators from Missouri, Iowa, Vermont, Tennessee, and others who have 
spoken about this. I know these are extremely important amendments, 
especially to the primary sponsors, and the Senator from Iowa and the 
Senator from Missouri, and the others.
  My perspective is that as ranking member and floor manager on this 
side of the bill, I look at a whole lot of amendments. At one time, we 
had a couple hundred amendments. We whittled those down. Dozens of 
Senators on both sides of the aisle have agreed to withhold their 
amendments. I spent the weekend talking with Senators, asking them to 
withhold their amendments. And they did. Others we were able to get in 
a managers' agreement, a managers' package, something I am still 
waiting to hear back on from the other side. I assume we will get that. 
Many Senators on both sides will see the bulk of their amendments in 
the managers' package. But at some point we have to go on.
  I suggest, for whatever it is worth, whatever is done, whatever is 
passed, whether it is the amendment of the Senator from Missouri, or 
whether it is the amendment of the Senator from Iowa, this issue will 
be in conference. The Senator from Utah and the Senator from Vermont, 
as the two main conferees, will have to try to work out yet another 
overall compromise. We have had debate for almost 2 hours. We are 
beyond reasonable to ask that the Senator from Missouri and the Senator 
from Iowa simply allow the Senate to accept both amendments by a voice 
vote. They will be in the bill. The practical effect of that, I might 
say, will not be any different if a vote were to be had on the floor 
because we still have an issue that will be resolved ultimately in 
conference. The one difference will be that we have had a debate that 
extended for almost 2 hours. The debate will then be completed and we 
could go on to other issues.
  I would like to see us finish this bill tonight. I am not propounding 
this as a unanimous consent request, but I am suggesting it to the 
Senators. The Senator from Utah is not on the floor, and I don't wish 
to speak for him, but the Senator from Utah and the Senator from 
Vermont would find that agreeable.
  Mr. FRIST. Will the Senator yield?
  Mr. LEAHY. Yes.
  Mr. FRIST. When the Senator says accept the two amendments by voice 
vote, does he mean the Harkin proposal and ours?
  Mr. LEAHY. Yes, to accept them both. My reason for doing that is----
  Mr. FRIST. That would be unacceptable. We spent a lot of time talking 
about the fundamentals. We have spent a lot of time debating this. We 
will object to that.
  Mr. LEAHY. I am not doing this as a unanimous consent request. It is 
just an idea. The Senators have an absolute right, on both sides, to 
ask for a vote on their amendments. My concern is going forward, 
especially even if we have votes on them, the practical results will be 
much the same because we are still going to have to revisit it in the 
committee of conference.
  We can finish this bill tonight. I just throw it out for what it is 
worth. I have been here 25 years and I know the Senator has a right to 
get a vote on his amendment. I am just trying to get to the practical 
result, which will, in the end, still be the same.
  Mr. FRIST. Mr. President, I ask unanimous consent to add Senator 
Collins as a cosponsor, along with Senator Sessions, if he has not 
already been added, to the Frist-Ashcroft amendment.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. FRIST. Mr. President, let me briefly comment on what I think is 
most appropriate. We have spent a couple of hours on the Frist-Ashcroft 
amendment. It is a pretty clear and pretty straightforward amendment. 
We have debated some very useful aspects. I would like a vote on this 
amendment, because I think it will improve safety in our schools. It 
closes this loophole. I feel very strongly about not postponing it 
until later, or deferring it, or handling it in conference. I would 
like to see an up-or-down vote on it and move on after that.
  Mr. ASHCROFT. Mr. President, I ask for the yeas and nays on the 
amendment.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. HARKIN. Mr. President, we have had a pretty good debate, and it 
has been said that it has taken 2 hours. That doesn't bother me. I have 
spent years on this bill. I spent years on it. I spent my entire 
lifetime with a disabled brother. Do you think 2 hours means anything 
to me? It doesn't mean anything to me. We spent 3 years on this bill--3 
years--bringing IDEA up to date. Do you think 2 hours bothers me? Not a 
bit.
  I am going to say something to my friend from Tennessee. He is a good 
man; he has a good heart. I am going to read back to my friend from 
Tennessee his words spoken on the floor May 14, 1997. The issue then 
was a Gorton

[[Page 10156]]

amendment, which would basically have turned back to the local school 
districts the power to basically discipline kids with disabilities. I 
want to read back to my friend from Tennessee what he said then:

       Mr. FRIST. Mr. President, I rise to speak in strong 
     opposition as well to this amendment before the Senate, put 
     forth by the Senator from Washington, an amendment which 
     would instruct local education agencies to set out their own 
     policy--a potentially very different policy--in disciplining 
     students with disabilities. In short, under his amendment, 
     each school district potentially would have its own distinct 
     policy in disciplining disabled children. And with 16,000 
     school districts, the potential for conflicting policies is 
     very real. And I am afraid this would be a turn-back to the 
     pre-1975 era before IDEA. Is this a double standard? I say 
     no. Clearly, we have outlined a process whereby students, if 
     there is a manifestation of a disability, would go down one 
     process. And if a discipline problem was not a manifestation 
     of a disability, that student would be treated just like 
     everyone else.

  I am continuing to quote from the statement of the Senator from 
Tennessee on May 14, 1997:

       I think this is fair, this is equitable. Remember, if 
     behavior is not a result of that disability, all students are 
     treated the same in this bill. If behavior is secondary to a 
     disability, there is a very clear process which is outlined 
     in detail. Yes, it does take several pages to outline that, 
     but it sets up a balance between the school, between school 
     boards, between parents, and between children.

  Senator Gorton claims this amendment is about local control, and I 
feel that it will be used, I am afraid, to turn back the hands of the 
clock to the pre-1975 conditions where we know that children with 
disabilities were excluded from the opportunity to receive a free and 
appropriate public education.

  I say to my friend in Tennessee that he was right then. Mr. 
President, he was right then. Now we are caught up with the issue of 
guns and bombs.
  Mr. FRIST. Will the Senator yield?
  Mr. HARKIN. The Senator was always kind enough to yield to me. I 
would certainly respond with the same kind of favor in response to the 
Senator from Tennessee.
  Mr. FRIST. Does the Senator from Iowa believe there should be two 
standards, if one child with a disability walks into a school with a 
gun and a child without a disability walks in with a gun, if there is a 
zero tolerance policy for the States, the individual who walks in with 
the gun should be back in classroom within 45 days when the person 
without a disability is totally disallowed?
  Mr. HARKIN. I say to my friend from Tennessee, I use his own words. 
He said this is a ``double standard.'' I say no.
  Mr. FRIST. Let me also say that in this bill, if you look on page 3, 
lines 1 through 8, in terms of intentional or not intentional, in terms 
of whether or not someone brings a gun or a firearm----
  Mr. HARKIN. Where is the Senator reading from?
  Mr. FRIST. In terms of ``intent.'' We have narrowed this bill so 
specifically in terms of an individual bringing a gun or a firearm with 
intent into the classroom that they should all be treated the same. I 
think it is important that is what this amendment is all about is equal 
treatment, fair treatment, the same treatment, whether or not you have 
a disability, whatever your educational status is, that you are treated 
the same, if you bring a gun into the classroom or you bring a firearm 
into the classroom.
  Mr. HARKIN. Is the Senator talking about subsection (a)(2) on page 3?
  Mr. FRIST. Yes.
  Mr. HARKIN. I read that. It says, ``Nothing in clause (I)(1) shall be 
construed to prevent a child with a disability who is disciplined 
pursuant to the authority provided under clause 1''--that is, 
expulsion--``from asserting a defense that the carrying or possession 
of the gun or firearm was unintentional or innocent.''
  I ask the Senator, to whom does that child assert the defense?
  Mr. FRIST. To whom?
  Mr. HARKIN. Yes.
  Mr. FRIST. To the people he jeopardizes by bringing into that 
classroom a gun. Is it intentional or not intentional when you come in? 
It should not matter other than it is intentional. He needs to be 
treated the same as everyone else. If you are placed out of the 
classroom, if you do not have a disability, you ought to be placed out 
of the classroom for that same period of time whether you have a 
disability. All children should be treated the same.
  Mr. HARKIN. We have already been through that. I don't know if we 
need to go over it again. We have already decided that if a kid brings 
a gun to school, the principal can take that kid out of that school 
immediately, can call the police and have the police come and haul them 
away.
  Does the Senator disagree with that?
  Mr. FRIST. That is the not issue. It is who ends up back in the 
classroom. I pointed out again and again the statistics of individuals 
with disabilities, because of this special loophole, who end up within 
45 days back in the classroom bringing a gun the first time, the second 
time, and ending up back in the classroom. If you do not have a 
disability, you cannot end up in the classroom. Let's treat everyone 
the same if they bring a gun or if they bring a bomb into the 
classroom. That is what the amendment is about.
  Mr. HARKIN. The Senator says a kid can assert a defense that the 
carrying or possession was unintentional. I ask, to whom? It doesn't 
spell it out here. They can assert a defense. But assert it to whom? 
The principal?
  Mr. FRIST. Yes. To the local authority, to the principal, to the 
teacher. That is correct.
  Mr. HARKIN. He can assert that defense.
  Mr. FRIST. That is correct.
  Mr. HARKIN. That it was unintentional. And what kind of process is 
set up which would ensure that there would be a fair and impartial 
hearing on that?
  Mr. FRIST. The same process that applies to every other student, the 
other 85 percent of the students in the classroom. That is the whole 
point. Let's treat everyone the same. If they come into a classroom 
with a gun or a bomb, you treat them the same. The local authorities 
do. The principal does. The teachers do. That is the whole point. Let's 
treat them the same. It is what equity is all about when we are talking 
about guns in the classroom, or firearms and bombs in the classroom. 
You treat them the same. They don't end up back in the classroom.
  That is the fundamental essence of what this amendment is all about. 
You treat them the same.
  Mr. HARKIN. If I might remind the Senator that he started off talking 
about the Littleton incident. I am going to get into this, because I 
think it is important. I ask the Senator--I will start with a 
statement. I hope it is not disputable that in the last 39 months there 
have been eight school shootings in which kids have died. How many of 
those shootings involved a kid with disabilities? I ask the Senator.
  Mr. FRIST. I have not seen those statistics. I would be happy to take 
a look at them.
  Mr. HARKIN. I will say it and open it up to any repudiation. There 
have been eight school shootings in 39 months. Not one of those 
involved a kid with a disability--not one. Yet we have an amendment 
going after kids with disabilities. Yet not one involved a kid with a 
disability. In fact, I will point out that four of the kids killed at 
Littleton were kids with disabilities.
  Mr. FRIST. Will the Senator yield?
  Mr. HARKIN. Of course, I yield.
  Mr. FRIST. How many people have to die or be murdered before the 
Senator from Iowa is willing to close this loophole? Do you want to 
wait? Is that the point of using statistics? Wait until people are 
murdered? We know people with disabilities who bring a firearm or a 
bomb to school are ending up back in school when students without 
disabilities are not. Do you want to wait until statistics show people 
are murdered?
  Mr. HARKIN. No. That is why we changed IDEA 2 years ago, I say to my 
friend, to provide that whoever brings a gun or weapon to school can be 
immediately removed by the police and taken down to the police station. 
That is why we did that.
  Mr. FRIST. That gets them out for 10 days?

[[Page 10157]]


  Mr. HARKIN. No.
  Mr. FRIST. Then what?
  Mr. HARKIN. During that 45 days, I say to my friend, during the 45 
days--he should know this; I am sure he does--during the 45 days there 
is an Individualized Education Program, an IEP, developed during that 
45 days. That IEP will address behavior modification, therapy services, 
and intervention to make sure the behavior does not occur again. This 
IEP protects not just the child but protects the school. The only way a 
school needs to let a kid back in is if that kid is meeting the 
objectives in the IEP and the school wants them back in. That is the 
process.
  Mr. FRIST. Will the Senator yield?
  Mr. HARKIN. Sure. I would be glad to yield.
  Mr. FRIST. There were eight students in Tennessee a year and a half 
ago brought firearms in the school. We have gone through this, I know. 
Two had no disability and were expelled. They are out. Six of the eight 
were disabled students, individuals with disabilities, and were in 
special education. For three of those who brought the gun to the 
classroom, it was related to a manifestation of their disability. It 
has to be that the individuals with disabilities have individual needs 
that have to be addressed. They should be addressed. Constitutionally, 
they should be addressed. Ethically, they should be addressed.
  When it comes to a firearm, or a when it comes to a bomb, after those 
45 days, three of those eight students in Tennessee who brought a bomb 
to the classroom, or a gun, or firearm, firearm, deadly weapon, ended 
up back in school through this loophole when none of the other students 
without a disability had that loophole. They entered back into the 
school.
  When you keep saying get them out for 10 days, in truth, whether it 
is 35 or 45 days, they are back in the classroom and treated in a 
different way. I say treat them the same.
  Mr. HARKIN. Again, I ask my friend from Tennessee, was that under the 
old law or the new law?
  Mr. FRIST. Those eight, may have been under the old law, I am not 
sure. I gave other statistics with the nine students from this year. I 
will have to check on that.
  I don't want to stress the statistics too much. I keep using them 
because I have a great fear something bad will happen as a result of 
the law we created.
  I can say on the 45-day period which we have talked about and worked 
on writing together, if a person is a threat during that 45 days, and 
your team says you are a threat, the Senator is exactly right, they can 
be kept out another 45 days. After that 45 days, what? I guess it can 
keep going on. We have great faith in that.
  As someone who has, as the Senator, seen a lot of individuals with 
disabilities, if somebody brings a gun into the classroom and they are 
expelled like everybody else for 10 days and go through a manifestation 
period, I don't know exactly how to know whether that individual is 
threatening. We have to go through all the disabilities. That will be a 
tough diagnosis to make in terms of saying, no, you are too threatening 
to go back when parents are there who are saying go back; teachers, 
lawyers, who say he hasn't done anything over the last 15 or 20 days, 
maybe we should let him go back.
  That is what our bill gets out. Treat everybody the same, if you have 
a disability or no disability. If you bring a gun or firearm to school, 
you should be treated the same. The same applies to cessation of 
services. You should be subjected to the decisionmaking of the local 
principals and teachers in terms of services, as well as in terms of 
expulsion.
  Mr. SESSIONS assumed the Chair.
  Mr. HARKIN. I say to my friend from Tennessee that the example he 
keeps using in Tennessee did occur under the old law, not the new law. 
I hope we can forget about using that example.
  Under the new law we passed, we do provide that 45 days can be 
extended indefinitely if the school officials feel that child is a 
threat either to himself or herself or to the school.
  Again, I just hope that example is not used because it confuses 
people. We shouldn't be confusing people when the new law is different 
than the old law.
  I take a back seat to no one when it comes to the issue of safety in 
schools. I just put two daughters through public schools all their 
lives. One just graduated from college; my second daughter is a senior 
in public high school--student body president, too, I might add. Why 
not brag? If you can't brag about your kids, what can you brag about?
  Both my wife and I have always been concerned about safety at school. 
We have talked a lot about it with our daughter, Jenny, so I don't take 
a back seat to anyone in terms of safety. There are few things as 
critical to any parent as making sure the kids are safe when they go 
out the door in the morning and when they come home in the afternoon.
  I think the recent tragedies in Colorado are the culmination, the end 
result, of eight school shootings in 39 months--Oregon, Kentucky, 
Mississippi. I point out, again, to my friend from Tennessee, the kid 
in Oregon was expelled, went home, got a gun and came back and shot 
kids. I don't know if expulsion helped in that case.
  If you want to base this on the fact that expulsion will make the 
kids safer in school, I say look what happened in Oregon. It didn't 
seem to work there.
  I do believe that what has happened during these 39 months and what 
happened in Littleton is, indeed, a call to action to our families, to 
our churches, schools and communities.
  Mr. HATCH. Will the Senator yield?
  Mr. HARKIN. I am just getting on a roll.
  Mr. HATCH. Will the Senator yield to his friend on the other side?
  Mr. HARKIN. I yield without losing my right to the floor.
  Mr. HATCH. I have to ask the Senator, this debate has gone on for 
quite a well. It has been one of the better debates I have seen or 
listened to, on both sides.
  It is clear we have a difference of opinion. It is clear both sides 
think they have a legitimate case to make. I know the distinguished 
Senator is one of the champions for persons with disabilities, as am I. 
We have worked closely together through the years. I understand the 
difficulties that are involved here. I understand his sincerity. I also 
understand the sincerity of the Senator from Missouri and the Senator 
from Tennessee. They are decent people. They are good men. The Senator 
from Tennessee is a major force on the Labor Committee, as is the 
distinguished Senator from Iowa.
  We are in the middle of a bill that really needs to be passed now. 
This is our seventh day on this bill. It is not a full-blown crime bill 
that took a tremendous amount of time. This is a limited, narrow bill 
with a lot of provisions that will make a difference with regard to 
children in our society. I would like to bring it to conclusion.
  I guess I am asking my friend from Iowa, can we get an idea of how 
much time the Senator desires? I will talk to my people on my side to 
try and shorten our time so we can proceed with the rest of the 
amendments on this bill and hopefully lock in the final time agreement 
on all the remaining amendments and a final vote certain so everybody 
in the Senate will know what we are doing. I just want to ask my 
colleague if he will cooperate with me and set a time agreement so we 
can move this bill ahead, rather than have this stay in the logjam it 
is in.
  It is a sincere set of differences. It seems to me the way to resolve 
those differences is time honored. We go to a vote on this amendment 
and then I ask unanimous consent that the next amendment be the 
Senator's amendment which rebuts this amendment. So we go to a vote on 
the amendment of the Senator from Iowa and let the chips fall where 
they may.
  I don't see any reason to delay this bill when I am willing to make 
that offer. I will see that the Senator gets an amendment immediately 
following.
  If you win, you win; if you lose on this one, you lose.
  Mr. LEAHY. Mr. President, while the Senator is thinking over his 
offer, and

[[Page 10158]]

he will yield without losing his right to the floor, during the few 
moments when the Senator from Utah was otherwise engaged on the Senate 
floor and I discussed this with him, I made a suggestion that we 
actually accept both the amendments--the amendment of the Senators from 
Tennessee and Missouri and the amendment that the Senator from Iowa 
would have--knowing that it goes to conference, where the distinguished 
Senator from Utah will be the Chair, I will be the ranking member from 
the Senate. This whole issue is going to have to be revisited in 
conference, anyway. I can guarantee from my experience that it will be 
different from the other body.
  I suggest that as a possible way out. I have a couple of reasons for 
doing that: No. 1, with 25 years experience, it is a pragmatic way to 
do it; secondly, this is the juvenile justice bill. Earlier this 
afternoon, I was speaking about crimes against senior citizens. If we 
stay on this much longer, the juveniles we are talking about today will 
be senior citizens that we may want to protect tomorrow.
  I would like to bring this to an end. We have an agreement. I think 
there will be time agreements on anything left. The distinguished 
Senator from Utah and I are going to very soon propose a package of 
managers' amendments that wipes out a lot of the deadwood and perhaps 
we could go forward.
  I throw that suggestion out again. I know the Senator from Tennessee 
said he would not find that acceptable, and of course he, as any 
Senator, has an absolute right--the Senator from Missouri, as any other 
Member, has an absolute right to have a vote one way or the other on 
their amendment or in relation to it.
  However, I ask the Senators that they might want to consider that.
  Mr. HATCH. If the Senator will yield further.
  Mr. HARKIN. I yield further without losing my right to the floor.
  Mr. HATCH. I can understand why the Senators from Missouri and 
Tennessee want a vote on their amendment. I can understand why the 
Senator wants a vote on his amendment. It is a legitimate way to 
resolve an issue. I don't know which way the votes will go on either 
issue and I take a great interest in this as well. But there will be a 
conference and we will probably resolve these issues in the best 
interests of all.
  My position is we have had a lengthy debate. I have deliberately 
stayed off the floor because I wanted Senators to have a free and open 
debate on this. But it seems to me we have had the debate. Basically, 
both sides have really explained their positions. Everybody knows what 
they are.
  My suggestion is we go to a vote on the amendment of the Senator from 
Tennessee and the Senator from Missouri, up or down, and then if they 
lose, they lose. Then I will ask unanimous consent, whether they win or 
lose, that the Senator be entitled to immediately bring up his 
amendment which would undo everything they are doing and we go up or 
down on a vote there. And we even could have an additional period of 
time so people could hear one last explanation on the differences 
between the two sides.
  What I want to avoid is a filibuster. I want to avoid the Senator 
feeling he has to now delay this whole bill because he feels deeply 
about this issue. I feel deeply about it, too. I think these Senators 
on this side feel deeply about it. You feel deeply about it. Frankly, 
there is still a conference where we can work with both sides to see if 
we can resolve this as we go to conference. But I would like to be able 
to push this bill forward, because it is an important bill and every 
day we delay--we all know once we get it through the Senate, the bill 
has to come through the House. Then we have to go through conference. 
Then we have to send it down to the President. If he signs it, then it 
becomes law.
  We are talking weeks or months before we can get a juvenile justice 
bill passed that might prevent more Columbine High School massacres. 
But we have to get this done.
  We also have a supplemental appropriations bill that has to be 
brought up, because it is important. It is not fair to hold this bill 
hostage--either side--now. It is not fair to hold this bill hostage 
because of a dispute that literally is a legitimate dispute on both 
sides that can be resolved by voting. Let the chips fall where they 
may. I have had to do that. I have had to eat a lot of stuff here on 
the floor.
  Mr. LEAHY. As have I.
  Mr. HATCH. As has the distinguished Senator from Vermont.
  As floor managers, we are trying to bring people together. I say to 
the distinguished Senator from Iowa, I believe he has faith that I will 
always try to do what is right for persons with disabilities. I will 
use my optimum good efforts to try to make sure this matter is resolved 
in a manner that is credible and acceptable to both sides--or at least 
as acceptable as can be to both sides. But I would like to set a time 
limit for further debate, which I hope will not be very long because 
you have been debating now for hours. I think virtually everything has 
been said that needs to be said. Then let's just go to those votes.
  The Senator is not on a list right now, to come up, I do not believe, 
after this amendment. But I will get you on the list. I will ask 
unanimous consent you be given that privilege. I think it is fair. I 
think it is a way of resolving this. I don't want to see a filibuster 
here at the last minute on a bill of this importance when this could be 
resolved through voting and when I am giving the Senator a shot at his 
amendment, which basically rebuts theirs, immediately following it. I 
think that is fair. It is a reasonable way of doing it.
  You are dealing with two managers who have done their utmost to bend 
over backwards for everybody on the floor. I have even bent over 
backwards for the Senator from Minnesota, time after time--I finally 
got a smile out of him. It is the only time he smiled all day.
  But I would like to see my friend from Iowa do that. If he would, I 
would personally appreciate it. I would like to get this bill done, at 
least pushed forward as far as we can. I believe we can finish this 
bill tonight if we have time today. We have had 7 days on this bill. I 
would hate to go on 8 days, but I would even do that if we have time 
agreements on all these amendments, time agreements on when we vote, 
and let the chips fall where they may and let's go at it.
  I intend to call up an amendment as soon as these two are disposed 
of, if that is what we do, and we will move ahead on the other 
amendments and we will try to shorten the time on all the amendments. I 
am asking the distinguished Senator from Iowa to shorten the time, 
agree to a time agreement, and I will certainly live up to asking 
unanimous consent and getting his amendment immediately following the 
amendment of the distinguished Senators from Tennessee and Missouri.
  Will the Senator please help me in that regard--help us, Senator 
Leahy and me?
  Mr. HARKIN. I will respond to my friend from Utah, and he is my 
friend and someone I like a lot, and respect a lot.
  Mr. HATCH. And vice versa.
  Mr. HARKIN. He has made a very impassioned plea here, and I know he 
feels strongly about the bill.
  But I just have to respond this way. This bill may be cited as the 
Violent and Repeat Juvenile Offender Accountability and Rehabilitation 
Act of 1999.
  Mr. HATCH. Right. That is if we ever get it passed.
  Mr. HARKIN. Kids with disabilities haven't been shooting anybody. I 
mean, let's be honest about it. The reason this bill is here on this 
floor is because of what happened in Littleton, CO. The Senator from 
Tennessee, when he first started out----
  Mr. HATCH. Will the Senator yield on that point, just on that point? 
I am sorry to interrupt him, but this bill has been in the works for 2 
solid years. We have worked with our colleagues on the other side 
repeatedly. I think the distinguished Senator from Vermont and I are 
together on the managers' package. It is very comprehensive. This is 
not some quick thing. We have worked very hard on it. Littleton--yes--
--
  Mr. HARKIN. But what precipitated bringing it to the floor?

[[Page 10159]]


  Mr. HATCH. I would have brought it to the floor before Littleton, but 
we didn't have the time to do it. But it certainly helped.
  Mr. HARKIN. Everyone hears talk about school shootings and school 
violence. As I have pointed out, as I said to my friend from Utah, 
there have been eight school shootings in 39 months and 27 have been 
killed. Not one of those involved a kid with a disability. Not one. Two 
years? We spent 3 long years, and I spent years before that, working 
with IDEA. We spent 3 years hammering out an agreement because there 
was this clash between the school boards and the principals and the 
teachers and the parents of kids with disabilities--3 years we sat in 
rooms around here.
  Mr. HATCH. And I am a strong supporter.
  Mr. HARKIN. We finally got it resolved. I can remember as though it 
was yesterday when we went to the Mansfield Room. It was Newt Gingrich, 
it was Trent Lott, there were Democrats and Republicans and the 
disability community and representatives of the principals and the 
school boards. We sat in that room right there, that Mansfield Room, 
and we all said hallelujah, we all agree. We didn't all get what we 
wanted. Parents had to give up something. Principals gave up something. 
But we got a bill we all agreed we were going to live with and work 
with.
  We agreed in that room that we were not going to go back and make 
changes on this bill. We were going to give it a chance to work. These 
are the changes we made.
  I say again to my friend from Tennessee, he keeps bringing up this 
example--that happened under the old law, not the new one. The new law, 
I say to my friend, the regulations for the new IDEA, just went into 
effect in March of this year. I have been on the Department of 
Education for a year to get these regs out, but they received them in 
March. We have not even given it a chance to work. Yet, that great 
bipartisan effort, that bipartisan solution that we had that culminated 
in the IDEA amendments of 1997, somehow is now being torn apart.
  Why? Because of school shootings--what is going on?--when none of 
these kids were disabled?
  I know the Senator from Missouri is a nice guy. The last thing he 
would want to do is to be mean to anybody. But I have to tell you, if 
you back up and see it from where I am coming from, I have to tell you 
honestly, with all my heart, this is almost scapegoating kids with 
disabilities. I know you do not mean to do that. But I have talked to 
so many parents out there. They talked to me about this amendment and 
said: Why are they scapegoating my kids? My kids didn't shoot anybody. 
My kids with disabilities haven't done anything. Why are we doing this?
  Mr. HATCH. Will the Senator yield without losing the right to the 
floor?
  Mr. HARKIN. Let me please finish. This amendment does not belong in 
this bill.
  If I am going--if I am taking time, I say to my friend, the only 
reason I am taking time is because I think there are a lot of Senators 
here who do not understand what is going on. They have not had the 
privilege I have had of working on disability issues for 25 years. I 
believe they need to be informed.
  It took us 2 hours today simply to get us to agree that if a kid 
brings a gun to a school, regardless of whether that kid is disabled or 
not, they can kick him out right away and take him to the police 
station. It took us 2 hours just to get that agreement.
  Now we are onto another phase, and that phase is what happens after 
they are removed. I do not think it has been fully fleshed out yet as 
to why there is a process set up for kids with disabilities. Then we 
have to get to the third stage and that is what happens at that point 
in time, at the end of 45 days. If I take some time, I say to my friend 
from Utah, it is because I believe I have an obligation to my families 
with kids with disabilities----
  Mr. HATCH. I know that.
  Mr. HARKIN. To be able to look them in the eye and say: I did 
everything humanly possible to make sure that every Senator who comes 
down and casts that vote knows exactly what that vote is about. I do 
not believe I have done my job yet. I, obviously, have not done my job 
yet.
  Mr. HATCH. Will the Senator yield?
  Mr. HARKIN. And I am going to take more time to do my job.
  Mr. HATCH. Will the Senator yield without losing his right to the 
floor?
  Mr. HARKIN. I yield without losing my right to the floor.
  Mr. HATCH. I am suggesting we take some more time, but that we agree 
on a time limit so everybody in the Senate knows. What that does for 
you--you are concerned about Senators learning, knowing what to do and 
hearing your position--when they know there is a time certain, that is 
when Senators generally try to listen. I am not asking you not to take 
more time. I am not asking you to not filibuster. I am asking you--
  Mr. HARKIN. I am just not certain how much time it is going to take 
me. That is why----
  Mr. HATCH. I am asking you to set a reasonable time limit. I am also 
suggesting, as somebody who has been around here as long as the Senator 
from Iowa, that the time-honored way to resolve these matters when you 
have a legitimate, honest difference of belief is to vote. Right now, 
the Senator does not have the right to a vote on his amendment, as I 
understand it.
  Mr. HARKIN. I have my amendment filed.
  Mr. HATCH. You cannot bring it up.
  Mr. HARKIN. I have my amendment filed.
  Mr. HATCH. I want your amendment to come up after this.
  Mr. HARKIN. I have my amendment filed.
  Mr. HATCH. You cannot get it up in this context without unanimous 
consent. I will get that for you.
  Mr. HARKIN. I can get it up anytime.
  Mr. HATCH. Sure you can. What I am saying is, let's vote, but do it 
after you have a reasonable time to explain your position. But let's 
set a time limit so 99 Senators are not held up.
  Mr. LEAHY. Mr. President, I wonder--
  Mr. HARKIN. I still have the right to the floor. I yield, again, 
without losing my right.
  Mr. LEAHY. Mr. President, we are trying to do a number of things. 
One, the Senator from Utah and I are reflecting our respective parties. 
We want to get through the bill, get a final vote one way or another 
and do it in such a way as to protect Senators on both sides of the 
aisle. He has a responsibility for his side of the aisle, and I have 
responsibility for my side of the aisle. I take that responsibility 
strongly. Senators have a right to be heard and a right to vote. But at 
some point, we have to wrap it up and vote.
  Mr. HATCH. That is right.
  Mr. LEAHY. May I suggest this: Senators may have good, strong debates 
on this--and I yield to nobody in my admiration of the Senator from 
Iowa and what he has done. I have taken his lead on so many issues 
involving the disabled because he is a recognized national expert on 
this.
  My suggestion, another possibility, is we set this matter aside and 
start voting on some of the things we have already done. We finished 
debate, or all but the last couple of minutes of debate, on the 
Lautenberg amendment. Let's vote on that. Let's vote on something on 
the chairman's side of the aisle and maybe set it in such a way that 
those votes will come within a few minutes of each other.
  During that time, Senators will be able to talk more. The Senator 
from Utah and I will be able to bring up the managers' amendment and 
then see if it is possible to have time agreements, but time agreements 
in such a way that Senators will know this amendment comes up at this 
time, this amendment comes up at another time, so there will be more 
focus.
  I suggest that as a possibility. We also know that as much as we 
talk, oftentimes these things are worked out during a rollcall vote. 
That is one way we can do it.
  Mr. WELLSTONE addressed the Chair.
  Mr. LEAHY. The Senator from Iowa has the floor.

[[Page 10160]]

  The PRESIDING OFFICER. The Senator from Iowa has the floor.
  Mr. HARKIN. Again, I yield without losing my right to the floor.
  Mr. WELLSTONE. Mr. President, I will take just a moment. I certainly 
pay tribute to the--I have not heard more passionate, more heartfelt, 
more substantive, more powerful oratory and argument on the floor of 
the Senate than what Senator Harkin has done. I thank him as a friend.
  I say to my colleagues, if I can get their attention for a moment--
Senator Leahy and Senator Hatch--if there is agreement to see what can 
be resolved in discussions while Senators come to agreement with one 
another, I would be very pleased, on behalf of myself and Senator 
Kennedy, to have the pending amendment laid aside and we will just go 
right to this disproportionate issue, which is a complicated and 
important debate. I am ready to do that right now. If you want to try 
to work this out, I am ready to ask consent to lay the pending 
amendments aside and go right to this amendment and the debate and we 
have time set for it. I want to make that clear.
  Mr. HATCH. Will the Senator yield again without losing his right to 
the floor?
  Mr. HARKIN. Yes.
  Mr. HATCH. Mr. President, I ask unanimous consent that Senator Harkin 
be permitted to offer his amendment, and that the regular order be, for 
voting purposes: the Frist-Ashcroft amendment, then the Harkin 
amendment--so Senator Harkin's amendment will immediately follow--then 
the Wellstone amendment and then the Lautenberg amendment, and then we 
will have one from our side as well at that point. Is there any 
objection to that order?
  Mr. HARKIN. I reserve the right to object.
  Mr. HATCH. I am putting it in the order I think you want to be in.
  Mr. HARKIN. I reserve the right to object, and I say this----
  Mr. HATCH. This is not the vote. I am just putting the order 
together.
  Mr. HARKIN. I understand. I am saying if there is a vote on the Frist 
amendment, then what kind of time is allotted to the Senator from Iowa 
for his amendment?
  Mr. HATCH. We have to agree on this. We are not setting time limits.
  Mr. HARKIN. You are just setting the order.
  Mr. HATCH. I want to set a time----
  Mr. HARKIN. Will you read that again?
  Mr. HATCH. I am asking unanimous consent that the order of the next 
group of amendments to be voted upon be Frist-Ashcroft, Harkin, 
Wellstone and then Lautenberg and then one from our side.
  Mr. HARKIN. I think there may be some people here who may want--I 
don't know what the majority leader's predisposition is on this. Maybe 
some people want to move to Wellstone and vote on that before they get 
to this. I hate to preclude that possibility with a unanimous-consent 
request that this is the only order we will take. I would object to 
that.
  Mr. HATCH. You would object to having yours put into the appropriate 
order?
  Mr. HARKIN. Only if that order is locked in totally.
  Mr. HATCH. It is locked in, but it is locked in in a way that 
protects you--that is what I am trying to do here--so everybody knows 
what the matter is. I am putting in an order so that you can 
immediately follow the Frist amendment.
  Mr. HARKIN. You say that upon completion of a vote on the Frist-
Ashcroft amendment----
  Mr. HATCH. Then you have a right to call up your amendment.
  Mr. HARKIN. Then I have a right.
  Mr. HATCH. That is what I am saying.
  Mr. HARKIN. Don't put it in that wording because that locks in the 
order and because there may be votes before the Frist amendment.
  Mr. HATCH. No, there will not be votes before Frist.
  Mr. HARKIN. Then I object.
  Mr. HATCH. Why? This protects you.
  Mr. HARKIN. We may want to lay it aside and go to another amendment.
  Mr. HATCH. We can do that. This is to benefit you. You don't give up 
one thing other than you get in line; you are not in line now, behind 
the Frist amendment. To be frank with you, my purpose is to give you a 
shot at your amendment. If theirs happens to be adopted, you have a 
shot at yours which does away with theirs.
  Mr. HARKIN. Actually, it does not do away with it. It modifies it; it 
does not do away with it.
  Mr. HATCH. But it puts you in a position, and you don't lose a thing.
  Mr. LEAHY. Reserving the right to object, and I will not object, I 
suggest, again, what I suggested earlier: if this can be set aside, go 
to the Lautenberg amendment and vote on it very quickly, one on your 
side that can be voted on quickly thereafter, and then go back to the 
Frist-Ashcroft amendment, partly so that we can talk during the votes. 
I don't make that as a request, but I suggest that really as a way out 
of all of this without giving up anything.
  Mr. HATCH. With the same understanding that Senator Harkin has the 
right to the floor, that is just not acceptable. The Senators from 
Missouri and Tennessee want a vote on their amendment. They are willing 
to go ahead with Senator Harkin's amendment immediately following, if I 
understand it, and let the chips fall where they may.
  I just want to move this ahead. I am trying to protect you so you are 
in order to come in at that point. If you don't want to, that is fine 
with me. It is an advantage to you.
  Mr. HARKIN. I don't know that it makes a lot of difference.
  Mr. HATCH. It keeps the thing focused so people know what you are 
talking about. To me, that is a reasonable request.
  Mr. HARKIN. Well----
  Mr. HATCH. Let me withdraw it then. I don't care. What I am trying to 
do, I say to Senator Harkin again without you losing the right to the 
floor, I am trying to move this ahead. I am making a legitimate good-
faith effort to move it ahead. It is apparent that we are not going to 
have a vote until we have the Ashcroft-Frist, Frist-Ashcroft amendment 
voted on.
  I would like, then, to give you the opportunity to have your 
amendment called up, which modifies their amendment. Then we will have 
a vote on your amendment. Then we go and just keep going down the line, 
as we have done. We are not going to move ahead until we vote on this 
amendment. If you are going to filibuster, that is another matter.
  Mr. HARKIN. I say to the Senator that I may still move to table the 
Frist-Ashcroft amendment.
  Mr. HATCH. That is a right the Senator has.
  Mr. HARKIN. I have a right to do that.
  Mr. HATCH. Sure.
  Mr. HARKIN. I may move to table; whereupon, after that motion to 
table is dispensed with, one way or the other--obviously, I am sure I 
would lose on that--the bill then becomes open to amendment. I may have 
some amendments to the Frist-Ashcroft amendment.
  Mr. HATCH. Amendments or an amendment?
  Mr. HARKIN. Amendments. And that could only occur, if I understand 
the parliamentary procedure, after a motion to table is dispensed with.
  The PRESIDING OFFICER. No amendment is in order at this point.
  Mr. HARKIN. At this point.
  Parliamentary inquiry. If I move to table the Frist-Ashcroft 
amendment, and that is disposed of, as I understand the unanimous-
consent request, the bill then would be open for amendment--or the 
amendment would be open then after there is an action on it, on that 
amendment, on the motion to table.
  The PRESIDING OFFICER. If the Frist amendment were tabled, the 
question would recur on the Lautenberg amendment.
  Mr. HARKIN. No. No. What would happen if the Frist amendment were not 
tabled?
  Mr. HATCH. Parliamentary inquiry. I do not think the Lautenberg 
amendment is next on that list.

[[Page 10161]]


  Mr. HARKIN. If I might, Mr. President, reclaiming my right to the 
floor----
  Mr. HATCH. Could I have that parliamentary inquiry? I just want to 
know, what is the order? I do not think Lautenberg is next.
  Mr. HARKIN. On the parliamentary inquiry, I just want to read from 
the unanimous-consent request, Order No. 8.

       Ordered further, That the following amendments be the only 
     remaining first degree amendments in order, with relevant 
     second degree amendments in order thereto only after a vote 
     on or in relation to the first degree amendment and the 
     amendments limited to time agreements, where noted, all to be 
     equally divided in the usual form.

  So, obviously, a tabling motion would be a vote in relation, and 
therefore reading that, I submit, that then relevant second-degree 
amendments would be in order. I make that parliamentary inquiry.
  The PRESIDING OFFICER. The Senator from Iowa is correct that a 
second-degree amendment would be in order if the motion to table Frist 
fails.
  Mr. HARKIN. I thank the Chair.
  Mr. HATCH. What I propose does not change that at all. If we put 
these amendments in order, the Frist-Ashcroft, Harkin and Wellstone and 
Lautenberg, that still does not take away your right to move to table 
and then file a second-degree amendment, if you desire to. We would 
have to dispose of the Frist-Ashcroft amendment first. And you would 
have every right to do that.
  Mr. HARKIN. Again----
  Mr. LEAHY. Is that correct?
  Mr. HATCH. Is that correct? All I am doing is setting the order in 
which these things would follow. He would not be deprived of moving to 
table the Frist-Ashcroft amendment, and if it is not tabled of offering 
amendments.
  Mr. HARKIN. Offering amendments.
  The PRESIDING OFFICER. Under the understanding of the unanimous 
consent request, a vote on Frist would include either a motion to table 
or an up-or-down.
  Mr. HATCH. I do not understand.
  The PRESIDING OFFICER. If your interpretation of your consent request 
is that a vote on Frist includes a vote to table, then we would be 
correct in that we have agreement on that.
  Mr. HATCH. Well, I think we would.
  Mr. HARKIN. You want to read that unanimous consent request again? I 
am still----
  Mr. HATCH. I ask unanimous consent that Senator Harkin be permitted 
to offer his amendment, and that the regular order be the Frist-
Ashcroft amendment, and if there is a motion to table by Senator 
Harkin, and it is not tabled, then it would be open for----
  Mr. HARKIN. Or any motion to table.
  Mr. HATCH. Any motion to table, and it is not tabled, then it would 
be open for a second-degree amendment. But immediately following the 
disposition of that would be the Harkin amendment with the same 
conditions, the Wellstone amendment with the same conditions, and the 
Lautenberg amendment with the same conditions.
  The PRESIDING OFFICER. Is there objection?
  Mr. HARKIN. Reserving the right to object, then under his proposal, 
how many second-degree amendments could be offered to the Frist-
Ashcroft amendment if, in fact, the tabling motion was not agreed to?
  The PRESIDING OFFICER. How many angels can dance on a pin?
  Mr. LEAHY. I did not hear the response.
  Mr. ASHCROFT. How many angels can dance on the head of a pin?
  The PRESIDING OFFICER. If the motion to table the Frist amendment 
fails, then that amendment is open to relevant second-degree 
amendments.
  Mr. HARKIN. Relevant second-degree amendments, in the plural?
  The PRESIDING OFFICER. That is correct.
  Mr. HARKIN. Let me ask one other question about this unanimous 
consent request. Let's say someone wants to set this aside and move on 
to another amendment. Would that be allowed under this proposal?
  Mr. HATCH. With unanimous consent, it would.
  Mr. LEAHY. That would require unanimous consent, I would assume.
  The PRESIDING OFFICER. It would require unanimous consent.
  Mr. HARKIN. Just as it does now.
  The unanimous consent request, again, because I really want to 
protect my rights, and I just want to make sure my rights are fully and 
adequately protected, I ask the Senator if perhaps it could be reduced 
to writing or something just so I can take a look at it. I am going to 
be here for a while talking anyway.
  Mr. HATCH. We will be happy to do that.
  Mr. HARKIN. I just want to make sure my rights are protected. That is 
all. I just want to look at it.
  Mr. HATCH. I withdraw my unanimous consent request at this particular 
point.
  The PRESIDING OFFICER. The request is withdrawn.
  Mr. HATCH. We may want to set this aside for that purpose. If we do, 
I will ask the Senator, would the Senator please give some 
consideration to my request that we have a time agreement--I am not 
suggesting what time, but that we have a time agreement on the Frist-
Ashcroft amendment so that everybody here knows what is going on? Then 
people will listen to his recitation of what he believes as to the 
situation. Can you give us a time agreement?
  Mr. HARKIN. Not at this time I cannot, I say to my friend. I cannot 
at this time.
  The PRESIDING OFFICER. The Senator from Iowa has the floor.
  Mr. HARKIN. Mr. President, as I said, I take a backseat to no one in 
my concern for safety in schools, having a daughter who is a senior in 
high school now and a daughter who just graduated from college, both of 
whom have attended public schools all of their lives.
  I daresay that what has precipitated this bill has been the recent 
tragedy in Littleton, CO, and the eight shootings over 39 months in our 
public schools in America. These tragedies have, indeed, called us to 
action, called us as families, churches, schools, communities, parents, 
teachers, and, yes, as lawmakers.
  I hope these tragedies lead us all to take positive and constructive 
steps to reduce the likelihood of any recurrence. We want to make sure 
all of our schools are places of learning, not of fear.
  But we should not let this tragedy of Littleton lead us into 
emotional, unfounded, though well-intentioned actions which can harm 
the most vulnerable in our society, and those are our kids with 
disabilities.
  I know that the amendment is well-intentioned. The Senator from 
Tennessee and the Senator from Missouri are good people. But this would 
amend the Individuals with Disabilities Act, and I believe in the 
deepest part of my being that this amendment will have just the 
opposite effect. If enacted, it will do a couple of things. It will 
make our schools and communities less safe, and it will turn the clock 
back on all the advances we have made in our country to ensure that 
kids with disabilities have a fair shot at the American dream.
  This amendment targets a group of students who are more likely to be 
the victims of school violence than the perpetrators. It is the kids 
with disabilities, now mainstreamed into our schools, who are beat up 
on, preyed upon, made fun of by nondisabled kids. Time and time again, 
it is the kids with disabilities who are the victims of the violence. 
This has been true for a long time, a long time.
  Why are we singling them out with this amendment? None, not one, of 
the eight school shootings in the last 39 months was perpetrated by a 
child in special education. So why do we have this amendment?
  Well, I just want to point out, sadly, four of the students shot in 
the rampage at Columbine High School were special ed kids --four of 
them. So why are we singling out kids with disabilities? Why are we 
changing a law that we passed 2 years ago, that we just got the 
regulations issued in March of this year, which has not had even an 
opportunity to work? Why are we doing it?
  Well, I forget which Senator it was who said, well, we do not want to 
wait until something bad happens. My gosh,

[[Page 10162]]

under that philosophy, what else can we do to our schools? How about 
all the kids with disabilities? What are we going to do with them if we 
don't want to wait until something bad happens? That philosophy can 
take you down a lot of alleys, a lot of dead-end alleys. I think the 
answer to ``we don't want to wait till something bad happens'' is 
exactly why we passed the amendments to the Individuals with 
Disabilities Education Act 2 years ago. That is why we have said, if a 
kid is violent, brings a gun to school, they can get them out 
immediately to protect the school.
  I hope everyone heard here today--we finally got an agreement on that 
point--that if a kid brings a gun to a school, regardless of whether 
that kid is disabled or not, they can call up the police and have that 
kid hauled down to the police station immediately, immediately. Now, 
when there is some thought around here that somehow because a kid is 
disabled, the principal has to go through all kinds of hoops to get 
them out of school, I say that is not true. And we finally at least got 
that nailed down today.
  I yield to my friend from Minnesota.
  Mr. WELLSTONE. I want to ask the Senator one question.
  Mr. HATCH. Would the Senator yield for another inquiry from the 
manager?
  Mr. WELLSTONE. I would be pleased to yield.
  Mr. HARKIN. I yield to the Senator.
  Mr. HATCH. I have been trying to avoid a filibuster here on a bill 
that I think everybody admits is very important. The Senator has 
indicated he is willing to filibuster. And as somebody who has been 
around here a long time, who knows how to do it, I recognize one when I 
see one.
  Let me make an offer here that I think is superfair. I have tried to 
make an offer that the Senator get in line right behind this amendment 
so he has every shot at his amendment.
  Let me ask Senators Frist and Ashcroft, as well, would both sides be 
willing--since we know 60 votes is the key, would both sides be willing 
to do this: That we call up for a vote, after another reasonable time 
for final debate here, but hopefully a very short time, call up the 
Ashcroft-Frist/Frist-Ashcroft amendment? And if it does not get 60 
votes and we call yours up right after, if neither of them gets 60 
votes, we pull them both, rather than have a filibuster here--excuse 
me, Lautenberg and Frist. OK.
  Let me ask, I have to ask the Senator from Vermont. It has been 
suggested that since we had had problems with this amendment, which is 
60 votes, if they don't get 60 votes, they pull it. We do the same with 
the Lautenberg; if he doesn't get 60 votes, we pull that.
  Mr. HARKIN. You are going to have to ask Senator Lautenberg that.
  Mr. LEAHY. Are you talking about the--
  Mr. LAUTENBERG. I didn't hear the question.
  Mr. LEAHY. I want to make sure I understand this. If the Senator from 
Utah is suggesting that if the most hotly contested gun amendment does 
not get 60 votes, we throw it out--
  Mr. HATCH. Right.
  Mr. LEAHY. --I don't think anybody is going to accept that.
  Mr. HATCH. We throw this one out and that one out.
  Mr. LEAHY. I think there is a better way of doing that. I was 
discussing it with the distinguished Senator from Mississippi. I would 
like to listen to his suggestion.
  Mr. LOTT. Who has the floor?
  The PRESIDING OFFICER (Mr. ABRAHAM). The Senator from Iowa has the 
floor.
  Mr. LOTT. Will the Senator from Iowa yield to me?
  Mr. HARKIN. Of course.
  Mr. LOTT. I think everybody is trying in good faith to find a way to 
deal with this issue and move on. I thought that idea just proposed 
might work, but it looks as if that would be objected to.
  What I would like to propose as an alternative--and it is being typed 
up now, and we want both sides to look at it--is that we go forward. We 
set aside the pending amendment, and we go forward with a series of 
votes, including probably the managers' package, which a lot of people 
have been interested in and concerned about. They would be able to see 
what it was. And then go to the Lautenberg amendment and have a vote. 
Then go to a Smith-Jeffords amendment and have a vote. Then go to 
Wellstone and have a vote, and then to a McConnell.
  So we would have a series of stacked votes while we continue to work 
to see how we can resolve other outstanding issues. But rather than 
just continuing to talk back and forth without making progress, looking 
at the hour here, if we could have a series of, I believe it would be 
five votes--six votes now--I think that would be one way to give us 
time so we could make progress and give us time to continue to work on 
these other issues.
  Mr. LAUTENBERG. Will the majority leader yield?
  Has the Smith-Jeffords amendment been sent up and discussed? We have 
several amendments that have already been offered, and I do not know 
why we are--maybe I do know why and I just don't want to realize after 
this very amiable discussion, Mr. Leader, that we had earlier about how 
we were going to cooperate and let the public hear what we are really 
doing here.
  I ask--we have several amendments, on both sides--what would the 
regular order be, Mr. Leader? As I understand it, the Parliamentarian 
can answer that. There was no Smith-Jeffords in there. We have an 
order, and it would be nice to not suddenly suggest that perhaps 60 
votes would do it. And then we could hear--
  Mr. LOTT. Well, 60 votes--it was suggested.
  Mr. LAUTENBERG. In good fellowship, I know.
  Mr. LOTT. It was suggested. This is not taking everything in the 
exact order. We have been moving the order around back and forth since 
Monday. For instance, the managers' amendment--usually you don't do 
that until the last thing. In a show of good faith, an indication from 
Senator Leahy was that Senators would like to have that done and see 
what is in it. We would put that first in the pecking order, which 
would not be the way it is always done, but it would be constructive. 
Then Lautenberg, I think, would be the next pending thing. And these 
others, I am not sure of the exact order they are in, but I propose 
that we do them that way so we can move forward.
  Mr. LEAHY. Mr. President, I might say, if the Senator from Iowa will 
yield so I may respond.
  Mr. HARKIN. Yes.
  Mr. LEAHY. I find much in the proposal--I realize it is going to be 
typed up and has not been made yet, but the proposal by the Senator 
from Mississippi is a good one for moving us forward. I am not sure the 
managers' package would even need a rollcall vote. If that is the case, 
the first rollcall vote will be on the amendment of the Senator from 
New Jersey, and the next one would be--well, it would be whatever order 
the distinguished leader has spoken. Again, based on the experience I 
have had managing bills, I tend to agree with the distinguished 
majority leader. This might be a good way to get us moving. I also 
suggest that it protects the Senator from Iowa, the Senator from 
Missouri, and the Senator from Tennessee. But it moves us forward.
  Mr. LOTT. Right. We are having this typed up now. We will get copies 
to the managers on both sides and the leadership. But I believe this is 
one way to keep the bill going. We have had a good lengthy discussion 
today, and there is a fundamental disagreement on this. At some point, 
I hope the Senator from Iowa--like on Lautenberg and on these others, 
we worked through this without second-degreeing, without obstructing. 
You all have had some amendments you don't like, and we have had a few 
amendments we don't like, but in the end you vote. If you win, you win; 
if you lose, you lose. It still has to go to conference and all that. I 
hope we can get an agreement on this. I don't think anybody is 
disadvantaged. I think everybody will think they have had a fair shot. 
Senators Frist, Ashcroft and the Senator from Iowa can talk during the 
votes and see if we can't find a way to bring it to a conclusion.

[[Page 10163]]


  Mr. WELLSTONE. Mr. President, I ask the Senator from Iowa to yield 
for a question.
  Mr. HARKIN. I still have the floor. I will yield without losing my 
right to the floor.
  Mr. WELLSTONE. My question is really vis-a-vis the Senator from Iowa 
to my colleague from Utah. The amendment I have been trying to get on 
the floor is the Wellstone-Kennedy amendment dealing with 
disproportionate minority confinement. I assume when we listed the 
amendments that already has a 2-hour limit set.
  Mr. LOTT. If the Senator from Iowa will yield, he is getting to be a 
really good traffic cop here.
  Mr. HARKIN. Red light, green light.
  Mr. LOTT. If your understanding is that you would like to have your 
vote maybe earlier in the lineup, I don't see a problem with that. We 
try to alternate, Republican and Democrat.
  Mr. WELLSTONE. That is fine. We already have a 2-hour time limit on 
that. We agreed on that.
  Mr. LOTT. Two hours more debate?
  Mr. WELLSTONE. It is on disproportionate minority confinement. It is 
the amendment I have with Senator Kennedy.
  Mr. LOTT. I think that is another amendment. Don't you have another 
Wellstone amendment?
  Mr. WELLSTONE. I have another one.
  Mr. LOTT. This is regarding your other Wellstone amendment.
  Mr. WELLSTONE. I have been waiting on the floor forever. I am pleased 
at what the Senator from Iowa is doing. The one laid aside is going 
into the managers' package. I have been waiting patiently. When you put 
it in order, please put in the Wellstone-Kennedy amendment, which deals 
with a very important question that we have been trying to debate for 
days.
  Mr. LOTT. This one is No. 356, identified as a Wellstone amendment. 
It is not the amendment you are speaking of. If I understand you 
correctly, you are talking about a Kennedy-Wellstone amendment, and you 
need 2 more hours for debate.
  Mr. WELLSTONE. This has been agreed to for days. That is right. The 
amendment, I am assuming, in the sequence that we are talking about is 
the Wellstone-Kennedy amendment dealing with disproportionate minority 
confinement. Two hours to be equally divided is the agreement on that. 
No. 356 has been allegedly put in the managers' amendment. If we can 
please put this one on the list.
  Mr. HATCH. Nobody ever agreed to 2 hours. I don't know if we ever had 
an agreement on that. Of course you have to have enough time to argue, 
but I hope it is not 2 hours.
  Mr. LEAHY. Mr. President, the Senator from Iowa has the floor, and I 
ask if he will yield without losing his right to the floor.
  Mr. HARKIN. I yield under those conditions.
  Mr. LEAHY. I ask if it might be in order to suggest the absence of a 
quorum, which I am not doing, but to do that under a unanimous consent, 
that at the completion of it the Senator from Iowa would be allowed to 
reclaim the floor.
  Mr. LOTT. I ask the Senator from Iowa if he will be willing to have a 
vote on his amendment in the sequence we are talking about here?
  Mr. HARKIN. I want to see the lay of the land before I answer a 
question like that.
  Mr. LOTT. I am inquiring because I had nobody to ask that. You all 
have had a good, full debate. I wondered if you would not be ready to 
go to a vote now.
  Mr. HARKIN. No, I don't feel that I am. I haven't even finished my 
statement yet. As I said earlier to my friend from Utah, I believe 
there are a lot of misperceptions out there on this amendment, and 
being the poor debater that I am and the poor teacher that I am, I 
don't believe that I have fully and adequately represented what this 
means to families with kids with disabilities. It will probably take a 
little longer simply because I am so poor at getting across my point, 
it seems. So I am going to have to take a look at that before I make 
any decisions. I am not going to answer hypothetical questions.
  Mr. LOTT. Mr. President, I suggest the absence of a quorum.
  Mr. HARKIN. I have the floor.
  The PRESIDING OFFICER. The Senator from Iowa has the floor.
  Mr. HARKIN. Mr. President, I will yield to the leader to do that. I 
ask unanimous consent that when the quorum call is dispensed with, this 
Senator, the Senator from Iowa, be given the right to the floor at that 
point in time.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. LOTT. If the Senator will yield the floor, you will have the 
floor when we return, too. That was agreed to. I will put in a quorum 
call to try to work this out.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. HARKIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                         Privilege of the Floor

  Mr. HARKIN. Mr. President, I ask unanimous consent that the 
privileges of the floor be granted to Lucille Zeph for the pendency of 
the bill.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. HARKIN. Under the previous arrangement, I further suggest the 
absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative assistant proceeded to call the roll.
  Mr. LOTT. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LOTT. Let me make it clear at the beginning, Mr. President, we 
don't want to in any way dispossess the Senator from Iowa from his 
opportunity to be further heard, if he so desires, on his position with 
regard to the Ashcroft-Frist amendment. I ask in this agreement that 
that discussion be set aside and we go to four other amendments and 
have the debate and stacked votes on those amendments.
  I will state the agreement which Senator Daschle had a chance to 
review. I ask unanimous consent that the pending amendments be set 
aside and the Senate proceed immediately to the managers' package, and 
following that amendment, the following amendments be considered for 
votes in the following sequence, under time agreements where noted, in 
the usual form.
  I want to emphasize, the managers' package would go first; there 
would be some description of that. We understand that would probably 
not require a recorded vote. I further ask consent that the amendments 
be voted in the order listed below, with 2 minutes for debate prior to 
each vote for explanation. In other words, we will have 2 hours of 
debate on the first one, then go to the other amendments, but before 
the actual votes occur there will be 2 minutes for final explanation, 
and that all provisions of the consent agreement of May 14 be in place.
  The amendments are as follows: The Wellstone disproportionate 
minority amendment, for 2 hours of debate; the McConnell amendment 
regarding public schools, 30 minutes; the Boxer amendment regarding 
afterschool time, 10 minutes; and the Gordon Smith-Jeffords amendment 
regarding pawnshops. We will specify the time when we have had a chance 
to review that.
  That is the order.
  Mr. WELLSTONE. Mr. President, reserving the right to object, there 
are no second-degrees; is that correct?
  Mr. LOTT. It would be the usual agreement of no second-degrees prior 
to a vote on the motion to table.
  Mr. WELLSTONE. Mr. President, a Wellstone-Kennedy amendment is 
listed?
  Mr. LOTT. Yes.
  Mr. ASHCROFT. Reserving the right to object, frankly, this is 
addressing the amendment which is pending, and it is rather complex. I 
would be grateful for an opportunity to look at this

[[Page 10164]]

agreement if it is written up. I would like to have a chance to 
consider it.
  Mr. LOTT. As I told the Senator from Iowa--and I believe Senator 
Frist has been on the floor most of the time--this is in no way 
intended or will not disadvantage or eliminate this amendment. It will 
just set it aside so we can make some progress on amendments where time 
agreements are already locked in. We will have votes on those 
amendments at the end of those agreed-to times.
  Mr. DASCHLE. Reserving the right to object, let me just remind 
everyone that we have approximately 24 hours left of this week. In that 
timeframe we have to do not only the rest of this bill but the 
supplemental appropriations bill. The only way we are going to finish 
this is if everybody is willing to cooperate a little bit more and 
indulge the leadership and the managers of this bill in such a fashion 
that will allow completion.
  It has been difficult, and, I must say, increasingly frustrating, for 
those who have tried to work through all of this in a way that would 
allow some reasonable conclusion. It seems the longer we work on it, 
the more everyone's back is up. It is essential we work together and 
try to resolve this matter. We have been on this bill now for over a 
week. It is time to bring it to a successful conclusion.
  I ask the cooperation in the remaining hours of this debate on the 
part of Members on both sides, so that we can finish it.
  I have no objection.
  Mr. LOTT. I thank Senator Daschle for his comments. I very strongly 
feel the same way. We have come a long way on this bill. The underlying 
bill was one that had bipartisan support.
  We have narrowed down the number of amendments to a finite list. 
Senator Reid has worked very diligently to accomplish that. We must 
deal with the supplemental appropriations bill before we go. In order 
to do that, we will have to have some cooperation.
  I have been criticized because I have maybe tried to be too fair, 
everybody has that fair, straight-up shot: No second-degrees, make your 
point, have the vote, win some, lose some. If we go with that attitude, 
we can complete this list and the other amendments and complete this 
bill and do the supplemental.
  Mr. LEAHY. Reserving the right to object, and I will not object, I 
think this is a good step forward. The Senator from Utah and I and the 
Senator from South Dakota and the Senator from Mississippi have worked 
very hard, along with appropriate other people, to cut down the list.
  I ask one question, because it is one we are obviously going to be 
asked: Under this agreement, when will we vote on the Lautenberg gun 
amendment? When would the leader expect we would be voting on the 
Lautenberg amendment?
  Mr. LOTT. There will be an effort for that to be either the first or 
the second vote. The pending business, I believe, would be the 
Ashcroft-Frist issue. We would have to dispose of that and then we 
would go to, I hope, a series of additional stacked amendments which 
would lead off, I presume, with Lautenberg right at the front.
  In order to do that before we did Ashcroft-Frist, we would have to 
get another agreement. I would like to do it because I think that is an 
issue that a lot of people feel very strongly about. I would like to do 
it like the rest. It is time to vote.
  Mr. LEAHY. The distinguished leader is saying it would not be voted 
on tonight?
  Mr. LOTT. No, it would not be voted on tonight. What we would do, for 
these four amendments, is debate and then vote, and the pending 
business would be the Frist-Ashcroft amendment at the end of that. I 
want to make that clear so you are not dispositioned by that.
  Mr. ASHCROFT. Is it possible to modify this consent request to say 
the Frist-Ashcroft amendment would be the pending business at the 
conclusion of this vote, and no later at the onset of the business 
tomorrow morning?
  Mr. LOTT. That is the status. But I would be glad to modify it to 
that extent, because it just confirms what the status is, procedurally, 
anyway.
  The PRESIDING OFFICER. Is there objection to the unanimous consent as 
amended?
  The Senator from Iowa.
  Mr. HARKIN. I agree with Senator Ashcroft with one provision, if we 
say ``Senator Harkin retaining the right to the floor when the Senate 
returns to the Frist-Ashcroft amendment.''
  I have the right to the floor now. I had the floor. I just want to 
make sure when this amendment comes back up that I have the right to 
the floor.
  Mr. LOTT. Is that the procedure? Did he have the floor anyway?
  I am told you have that right anyway, so I don't think we give 
anything up by including it in the unanimous consent request.
  Mr. HARKIN. OK.
  The PRESIDING OFFICER. Is there objection?
  Mr. LOTT. Then I would add we would then pass this amendment by voice 
vote. I was just kidding, Mr. President.
  The PRESIDING OFFICER. Is there objection?
  Mr. HARKIN. That last part was not included.
  Mr. LOTT. That was not there.
  Mr. LEAHY. That was not included.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KENNEDY. Mr. President, there is no need for this amendment. IDEA 
already contains provisions to ensure that schools are able to remove 
truly dangerous children from the classroom. But it also ensures that 
these children receive the services they need--not only educational 
services, but counseling, behavior modification, and other related 
services--so that their bad behavior will hopefully not happen again. 
This makes more sense than simply sending kids out of the streets, 
which is exactly what the Frist-Ashcroft amendment proposes to do.
  The worst example of what happens when students are sent home without 
necessary services happened last year in Springfield, Oregon. When Kip 
Kinkle brought a weapon to school, he was immediately suspended. He 
went home with his gun, killed his parents, then returned to school and 
started firing.
  The greatest protection a school can provide to its students and 
community is to be aware of the warning signs of danger and provide the 
services that can prevent the student from using violence.
  Why would we want to strip those very protections from our schools 
and communities by amending IDEA to end all services to students with 
disabilities? In fact, why don't we have these protections in place 
regarding all children, not just those children served under IDEA?
  Although several of our colleagues here today have pointed to all 
sorts of horror stories allegedly involving IDEA students, I would urge 
my colleagues to be get the facts straight.
  (1) For the vast majority of children with disabilities, most 
discipline problems can be handled by implementing their individualized 
educational plan, which now includes behavior management strategies.
  (2) IDEA currently allows a school to suspend a child for up to 10 
days per incident.
  (3) Moreover, IDEA allows a school to discipline a child with a 
disability just like it would discipline any other child, so long as 
that child's behavior is not a manifestation of his or her disability.
  Mr. President, IDEA took three long years to reauthorize, and was the 
product of bipartisan negotiations involving both chambers of Congress 
and the Administration, with extensive public input.
  The IDEA regulations have just been issued, and they particularly 
strengthen the area of disciplinary procedures.
  In many places, schools are only starting to use the tools that are 
available to them under current law in cases where disciplinary actions 
that could be prevented with early intervention.
  In fact, GAO is currently doing a study as to whether schools have 
enough flexibility to discipline children with disabilities.
  In this letter I received dated April 29, they stated that work on 
this study should be delayed for two reasons:

[[Page 10165]]

  (1) ``Nationwide data on school discipline for special education 
students is not currently available, but is being collected this 
year,'' and
  (2) ``IDEA regulations have only recently been published, allowing 
insufficient time for their results to be felt and measured.''
  I ask that the text of this letter be printed in the Record following 
my remarks.
  Mr. President, at this point I believe it is not necessary and in 
fact it would be unconscionable and premature to amend the IDEA and 
risk compromising the implementation of this landmark legislation.
  Special education students should not be the scapegoats here. And let 
me state again, not one of the children involved in the tragedies that 
we have witnessed over the past two years was a special ed. student. We 
need to focus this legislation on strengthening all schools for all of 
our children, and stop blaming IDEA.
  Mr. President, I want to join with the sheriffs, district attorneys, 
leaders of police organizations, violence prevention scholars, and 
school psychologists and counselors, in urging all my colleagues to 
vote against the Frist-Ashcroft amendment.
  Mr. CAMPBELL. Mr. President, I intend to vote in favor of the pending 
amendment offered by my colleague, Senator Ashcroft, to enhance school 
safety. This bill is based in large part on the work of the Republican 
Juvenile Crime Task Force, on which I served. I am pleased to see that 
the amendment includes three provisions I proposed to the Task Force to 
help make our children's schools safer.
  The first provision authorizes the use of funds to train school 
personnel, including custodians and bus drivers. These key people on 
and near school grounds can be helpful in finding suspicious objects, 
pipe bombs, or other means of harm if they had the proper training. 
These personnel can be utilized for identifying potential threats, 
crisis preparedness, and emergency response. I intend to build on this 
work in the FY 2000 Treasury appropriations bill by supporting the role 
of the Bureau of Alcohol, Tobacco and Firearms in training school 
personnel in the detection of weapons and explosives.
  The second provision authorizes the use of funds for the purchase of 
school security equipment and technologies, such as metal detectors, 
electronic locks, and surveillance equipment. This provision is based 
on S. 996, the ``Students Learning in Safe Schools Act of 1999'' which 
I introduced on May 11, 1999.
  The third provision would invest more resources in School Resource 
Officers, including community policing officers. This important 
initiative expands the Cops in Schools program which I was pleased to 
author as S. 2235 in the 105th Congress. This bill was enacted into law 
in 1998 and this Spring the Justice Department is making $60 million 
available for this program in this year alone. School Resource Officers 
would work in cooperation with children, parents, teachers and 
principals to identify dangers and potentially dangerous kids before 
violence erupts and innocent children get hurt.
  The Ashcroft Amendment includes many other important provisions to 
enhance school safety. I urge my colleagues to join me in voting in 
favor of this amendment.
  I thank the chair and yield the floor.
  Mr. LOTT. Mr. President, we are now anxiously awaiting the comments 
of the Senator from Minnesota. We hope he will feel free to condense 
his time. Oh, the managers' amendment would be first. We expect there 
would be stacked votes in sequence between 7:30 and 8.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Utah.
  Mr. HATCH. Mr. President, I have a managers' amendment which has been 
cleared on both sides as far as I know. This amendment is a compilation 
of amendments by Members on both sides.
  The PRESIDING OFFICER. The Senate will come to order. The Senator 
from Utah has the floor.
  Mr. HATCH. I now ask unanimous consent that any pending amendments be 
temporarily set aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 363

  Mr. HATCH. Mr. President, I send a managers' amendment to the desk 
and ask for its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Utah [Mr. Hatch], for himself and Mr. 
     Leahy, proposes en bloc an amendment numbered 363.

  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  Mr. LEAHY. Mr. President, the Chairman and I have been able to put 
together a managers' amendment and a package of amendments that improve 
S. 254 in a number of ways that should please Members from both sides 
of the aisle. We have accomplished this task by finding the middle 
ground, and the bill will be a better one for it.
  I said last week during the Senate's consideration of this bill that 
we should not care whether a proposal comes from the Republican or 
Democratic side of the aisle. A good proposal that works should get the 
support of all of us. Our first question should be whether a program or 
proposal will help our children effectively, not whether it is a 
Democratic or Republican proposal.
  This managers' amendment and package of amendments reflects that 
philosophy. It shows that when this body rolls up its sleeves and gets 
to work, we can make significant progress. I commend the Chairman for 
his leadership in this effort and I am glad we were able to work 
together constructively to improve this bill.
  Many Members had good additions and modifications to make to this 
bill, and we have agreed to accept them in the managers' package of 
amendments.
  In addition to the amendments included in the package, the chairman 
and I have worked together on a managers' amendment to address a number 
of my longstanding concerns with the underlying bill. Let me explain 
what those changes accomplish.
  I noted my concern at the beginning of this debate that the State 
prerogative to handle juvenile offenders would be undermined by this 
bill. The changes we made to the underlying bill in the managers' 
amendment satisfies my concerns. For example, S. 254 as introduced 
would repeal the very first section of the Federal Criminal Code 
dealing with ``Correction of Youthful Offenders.'' This is the section 
that establishes a clear presumption that the States--not the federal 
government--should handle most juvenile offenders--18 U.S.C. section 
5001. While the original S. 254 would repeal that provision, the 
managers' amendment retains it in slightly modified form.
  In addition, the original S. 254 would require Federal prosecutors to 
refer most juvenile cases to the State in cases of ``concurrent 
jurisdiction . . . over both the offense and the juvenile.'' This 
language created a recipe for sharp lawyering. Federal prosecutors 
could avoid referral by simply claiming there was no ``concurrent'' 
jurisdiction over the ``offense'' due to linguistic or other 
differences between the federal and state crimes. Even if the 
juvenile's conduct violated both Federal and State law, any difference 
in how those criminal laws were written could be used to argue they 
were different offenses altogether. This was a huge loophole that could 
have allowed federal prosecutors to end-run the presumption of referral 
to the State.
  We fix this in the managers' amendment, and clarify that whenever the 
federal government or the State have criminal laws that punish the same 
conduct and both have jurisdiction over the juvenile, federal 
prosecutors should refer the juvenile to the State in most instances.
  Finally, I was concerned that, contrary to current law, a federal 
prosecutor's decision to proceed against a juvenile in federal court 
would not be subject to any judicial review. The managers' amendment 
would permit such judicial review, except in cases involving serious 
violent or serious drug offenses.
  Another area of concern has been the ease with which S. 254 would 
allow federal prosecutors to prosecute juveniles

[[Page 10166]]

14 years and older as adults for any felony.
  While I have long favored simplifying and streamlining current 
federal procedures for trying juveniles, I believe that judicial review 
is an important check in the system, particularly when you are dealing 
with children. S. 254 included a ``reverse waiver'' proposal allowing 
for judicial review of most cases in which a juvenile is charged as an 
adult in federal court. I had suggested a similar proposal last year. 
The managers' amendment makes important improvements to that provision.
  First, S. 254 gives a juvenile defendant only 20 days to file a 
reverse waiver motion after the date of the juvenile's first 
appearance. This time is too short, and could lapse before the juvenile 
is indicted and is aware of the actual charges. The managers' amendment 
extends the time to make a reverse waiver motion to 30 days, which 
begins at the time the juvenile defendant appears to answer an 
indictment.
  Second, S. 254 requires the juvenile defendant to show by ``clear and 
convincing'' evidence that he or she should be tried as a juvenile 
rather than an adult. This is a very difficult standard to meet, 
particularly under strict time limits. Thus, the managers' amendment 
changes this standard to a ``preponderance'' of the evidence.
  As initially introduced, S. 254 would require juvenile criminal 
records for any federal offense, no matter how petty, to be sent to the 
FBI. This criminal record would haunt the juvenile as he grew into an 
adult, with no possibility of expungement from the FBI's database.
  The managers' amendment makes important changes to this record 
requirement. The juvenile records sent to the FBI will be limited to 
acts that would be felonies if committed by an adult. In addition, 
under the managements' amendment, a juvenile would be able after 5 
years to petition the court to have the criminal record removed from 
the FBI database, if the juvenile can show by clear and convincing 
evidence that he or she is no longer a danger to the community. 
Expungement of records from the FBI's database does not apply to 
juveniles convicted of rape, murder, or certain other serious felonies.
  Much of the debate over reforming our juvenile justice system has 
focused on how we treat juvenile offenders who are held in State 
custody. The Federal government for years has required States, in order 
to qualify for certain grant funds, to provide certain core 
protections, including separating juveniles from adult inmates, keeping 
status offenders out of secure facilities, and focusing prevention 
efforts to reduce disproportionate confinement of minority youth.
  In the last Congress, S. 10 either eliminated or gutted each of these 
core protections. The chairman and Senator Sessions significantly 
improved S. 254 in this regard, and I commend them for that. The 
managers' amendment continues to make progress on the ``sight and sound 
separation'' protection and the ``jail removal'' protection.
  Specifically, the managers amendment would make clear that when 
parents in rural areas give their consent to have their children 
detained in adult jails after an arrest, the parents may revoke their 
consent at any time. In addition, the judge who approves the juvenile's 
detention must determine it is in the best interests of the juvenile, 
and may review that detention--as the judge must periodically--in the 
presence of the juvenile.
  The managers' amendment also clarifies that juvenile offenders in 
rural areas may be detained in an adult jail for up to 48 hours while 
awaiting a court appearance, but only when no alternative facilities 
are available and appropriate juvenile facilities are too far away to 
make the court appearance or travel is unsafe to undertake.
  The managers' amendment contains a significant improvement in the 
sight and sound separation requirement for juvenile offenders in both 
Federal and State custody. S. 254 has been criticized for allowing 
``brief and incidental'' proximity between juveniles and adult inmates. 
This amendment fixes that by incorporating the guidance in current 
regulations for keeping juveniles separated from adult prisoners. 
Specifically, the managers' amendment would require separation of 
juveniles and adult inmates and excuse only ``brief, inadvertent or 
accidental'' proximity in non-residential areas, which may include 
dining, recreational, educational, vocational, health care, entry 
areas, and passageways.
  I am pleased we were able to make this progress. I appreciate that a 
number of Members remain concerned, as do I, about how S. 254 changes 
the disproportionate minority confinement protection in current law. 
This will be an important debate, and I continue to believe we should 
support an amendment intended to correct that part of S. 254.
  S. 254 includes a $200 million per year Juvenile Delinquency 
Prevention Challenge Grant to fund both primary prevention and 
intervention uses after juveniles have had contact with the juvenile 
justice system. I and a number of other members were concerned that in 
the competition for grant dollars, the primary prevention uses would 
lose out to intervention uses in crucial decisions on how this grant 
money would be spent.
  With the help of Senator Kohl, we have included in the managers' 
amendment a clear earmark that 80 percent of the money, or $160 million 
per year if the program is fully funded, is to be used for primary 
prevention uses and the other 20 percent is to be used for intervention 
uses. Together with the 25-percent earmark, or about $112 million per 
year if that program is fully funded, for primary prevention in the 
Juvenile Accountability Block Grant that was passed by the Senate in 
the Hatch-Biden-Sessions amendment, this bill now reflects a 
substantial amount of solid funding for primary prevention uses.
  I expressed some concern when the Senate passed the Hatch-Biden-
Sessions amendment authorizing $50 million per year for prosecutors and 
different kinds of assistance to prosecutors to speed up prosecution of 
juvenile offenders. I pointed out that this amendment did not authorize 
any additional money for judges, public defenders, counselors, or 
corrections officers. The consequence would be to only exacerbate the 
backlog in juvenile justice systems rather than helping it.
  The managers' amendment fixes that by providing $50 million per year 
available in grant funds to be used for increased resources to State 
juvenile court judges, juvenile prosecutors, juvenile public defenders, 
and other juvenile court system personnel.
  I mentioned before that S. 254 includes a sense-of-the-Senate 
resolution urging States to try juveniles 10 to 14 years old as adults 
for crimes, such as murder, that would carry the death penalty if 
committed by an adult--the resolution does not urge the death penalty 
for such children. While Vermont is probably one of the few States that 
expressly allows for the trial of juveniles 10 years and older as 
adults for certain crimes, I do not believe that this is a matter on 
which the Senate must or should opine. The managers' amendment 
correctly deletes that sense-of-the-Senate from the bill.
  These improvements to S. 254 in both the managers' amendment and in 
the managers' package of amendments make this bill worthy of our 
support, and I am glad to do so.
  The chairman and I have agreed that Members from both sides of the 
aisle had good additions and modifications to make to this bill, and we 
have agreed to accept them in the managers' amendment. Let me give some 
examples of amendments we have agreed to incorporate into the bill.
  Senators Landrieu and Schumer proposed amendments to the Juvenile 
Delinquency Prevention Challenge Grant program to help abused, foster, 
and adopted children so they will not fall through the cracks and 
become at-risk for delinquency;
  Senator Durbin sponsored an amendment to help schools use caller-ID 
to deal with bomb threats;
  Senator Feingold sponsored an important amendment to clarify the 
intent requirement in the new gang crime so it has a better chance of 
withstanding a constitutional challenge;

[[Page 10167]]

  Senators Sessions, Robb, Allard, and Byrd joined together on an 
amendment to authorize a national hotline for confidential reporting of 
people who have threatened school violence. This important proposal was 
first proposed by Senator Robb in a more comprehensive amendment that 
was tabled in a party line vote;
  Senators Kohl, Biden, Dorgan, Dodd, and others from both sides of the 
aisle, including Senator Hatch, have made a number of good proposals 
for prevention and intervention of juvenile crime.
  Mr. DOMENICI. Mr. President, I rise today with my colleague from 
Connecticut, Senator Dodd, to talk a little bit about a program we 
understand has been accepted by the Senate for inclusion in this bill.
  Five years ago, during the last re-authorization of the Elementary 
and Secondary Education Act, Senator Dodd, Senator Nunn and I included 
a provision in that Act to allow for several pilot projects around the 
nation centered on increasing character education in our schools.
  That legislation helped foster the growth of the Character Counts 
movement across a few schools in a few states.
  The amendment that the Senate has agreed to accept today will expand 
upon that effort. The bill provides $25 million in funding for 
character education through the Department of Education, including $15 
million for schools and $10 million for after-school programs.
  My colleagues have heard me talk before about the Character Counts 
program, where children and teachers use six pillars of character and 
incorporate them into their daily lessons. Things like trustworthiness, 
respect, responsibility, fairness, caring, and citizenship.
  After five years, I believe that I can say that the effort to bring 
character education to our schools has been a success. In New Mexico, 
200,000 kids and 90 percent of our schools participate in some form of 
character education. Teachers tell me that character education has 
empowered them in a fabulous way to teach and reinforce positive 
behavior by their students.
  Schools which have utilized Character Counts report lower instances 
of truancy, classroom disruptions and student violence. Character 
Counts makes schools better places to learn for our children, and 
teaches them values in the process.
  And it's not just the teachers who want to bring this program to our 
nation's children. Parents believe that it is important too. A recent 
survey by the Superintendent of the Albuquerque Public Schools found 
that 84 percent of parents felt that strengthening education programs 
which teach character and integrity should be a high priority for their 
schools. Improving character education is the number three overall 
concern parents express about the quality of their children's education 
in Albuqerque. The amendment accepted today will allow more schools to 
address this concern.
  I have heard colleagues say that six percent of all juvenile 
criminals commit 60% of all of the violent crime in America. This bill 
will encourage states to treat this small percentage of violent 
juvenile offenders like adults and get them off of the streets.
  It is obvious that there are a lot of very good kids out there, 
working hard every day to go to school, study hard and improve their 
lives. Character education will help the adults in their lives to teach 
them to make good decisions, based on things like respect, caring, and 
responsibility.
  I understand that the Senate also has accepted two other Domenici 
amendments to allow states to use some of their portion of the $450 
million Accountability block grant program and part of the $200 million 
Delinquency Prevention Challenge grant program to fund character 
education initiatives. This will provide states with additional 
resources to incorporate character education in their schools, if they 
choose to do so.
  I have seen this work in New Mexico, and I am pleased that the Senate 
has agreed to help bring Character Counts to other areas of the country 
where maybe it has not caught on quite as well as it has in my state or 
Connecticut. I thank the Senate for accepting my amendments and I yield 
the floor.


           preventing Delinquency Through Character Education

  Mr. DODD. Mr. President, I am pleased to join with the distinguished 
Senator from New Mexico in offering this amendment to provide support 
for character education projects in schools and in after-school 
programs. These programs, organized around character education, would 
provide alternatives to youth at risk of delinquency and work 
specifically to reduce delinquency, school discipline problems and 
truancy and to improve student achievement, overall school performance, 
and youths' positive involvement in their community. Our amendment--
which I understand will be considered as part of the managers' 
package--would authorize no less than $25 million per year for 
character education in schools and in after-school settings.
  I am not here today to claim that character education is the answer 
to all the questions that have been posed to us as policy makers, 
parents and community members in the wake of the tragedy at Littleton, 
CO.
  But character education is part of the answer. Today's children have 
so many obstacles to overcome, including violence, drug use, peer and 
cultural influences, and too much unsupervised time on their hands. As 
a society, we must find ways to help these children become responsible 
citizens, to distinguish between right and wrong. To do this, we must 
build on traditional education by nurturing students' character.
  That is fundamentally what character education is about--it is about 
reinforcing those elements of character which bind us together into 
communities and into this great nation. Ideas like--trustworthiness, 
respect, responsibility, fairness, caring and citizenship--underlie all 
of our government and civic organizations. We must reinforce these 
beliefs with our children at every opportunity.
  Parents have the primary responsibility here. Churches and other 
community organizations support these efforts. Schools are a key part 
of the equation. And these ideas must be a part of a child's day--after 
school--when they are often unsupervised and most risk of negative 
behaviors.
  And that is what this amendment does. It would set aside $25 million 
for school-based and after-school programs in character education. 
Schools could use these funds to work with parents and develop a 
character education program for their schools. We have seen so many 
successful programs in schools in my state; indeed, over 10,000 
students currently participate in these activities. And the schools 
report amazing turn-around with reduced absenteeism, discipline 
problems, graffiti and fighting and improved student achievement and 
student participation in positive extra-curricular activities.
  In addition, this amendment would support afterschool programs that 
are organized around character education. These out of school hours are 
a key opportunity for our youth. We can provide enriched academic 
activities, sports and the arts. Or we can leave them to the 
alternatives--smoking, drug use, teen pregnancy, delinquency, and 
crime. I believe the better route is supervised, quality after school 
programs--and these programs will be even stronger with the inclusion 
of a character education focus, such as provided in this amendment.
  I commend my friend and colleague from New Mexico for his dedication 
to our children and to character education. I am pleased to be here 
with him again today to move forward this critical initiative that 
truly gets at the core of delinquency.
  Mr. KERREY. Mr. President, I thank the managers of this bill for 
accepting the mentoring amendment that I offered, and I want to thank 
my colleague Mr. Dorgan for cosponsoring this amendment.
  I believe that youth mentoring is an important piece of our effort to 
decrease violence among our young people. This amendment encourages us 
to take youth mentoring seriously. It

[[Page 10168]]

asks states to develop criteria for assessing the quality and 
effectiveness of mentoring programs and to reward those programs that 
do a good job. It also asks the Departments of Justice and Education to 
disseminate information on best mentoring practices, so that mentors 
can receive guidance on how to make the best use of their time with 
students.
  Since the school shooting in Littleton, Colorado, a few weeks ago, 
Congress and the nation have been grappling with the question ``How do 
we prevent such a terrible tragedy?'' The answer to this question is 
complex, and, as we know from our debate here on the floor of the 
Senate, there are many different points of view as to what more we 
should do to keep our kids healthy and safe.
  I believe that one of the things we must do is increase the amount of 
quality time our young people have with caring, responsible adults. 
Without a doubt, the most important adult in a child's life is that 
child's parent. But even the most committed, well-intentioned parents 
cannot be with their children 24 hours a day. And often young people, 
especially teenagers, feel uncomfortable talking to their parents about 
sensitive or troubling issues.
  That is why it is important that young people have someone in their 
lives they can turn to in troubling times. Now, some kids are fortunate 
enough to have a trusted aunt, uncle, or family friend in whom they can 
confide. But some are not so lucky. Fortunately there are caring adults 
who volunteer their time to become that trusted friend--we call them 
mentors.
  We cannot know for certain that having mentors would have stopped the 
two teenagers in Littleton from harming their classmates. But we know 
that the young men were troubled. And if we can increase the number of 
individuals who are close enough to a young person to detect problems 
when they arise, we increase our chances of keeping those problems from 
spiraling out of control.
  Mr. President, we know that mentoring works. In 1995 a Big Brothers/
Big Sisters of America Impact Study showed that at-risk young people 
with mentors were 46% less likely to begin using illegal drugs; 27% 
less likely to begin using alcohol; 53% less likely to skip school; 37% 
less likely to skip a class; and 33% less likely to hit someone than 
at-risk children without mentors.
  In a 1989 Louis Harris poll, 73% of students said their mentors 
helped raise their goals and expectations.
  And a Partners for Youth study completed in 1993 revealed that out of 
200 non-violent juvenile offenders who participated in a mentoring 
relationship, nearly 80% avoided re-arrest.
  I believe in the power of mentoring, because I've seen it firsthand 
in my own state of Nebraska. In Nebraska, we have a fantastic program 
run by Tom and Nancy Osborne called TeamMates. TeamMates is a school-
based program that pairs adult volunteers one-on-one with middle and 
high school students.
  The Osbornes created TeamMates quite simply because they saw an unmet 
need. They realized that there are a lot of bright and capable young 
people out there who receive too little support and encouragement. In 
order to reach their potential to become good citizens and productive 
members of their community, these young men and women just need a 
helping hand.
  Tom and Nancy started TeamMates in 1991, and the success they saw in 
that first year inspired them to continue. They started out with 25 
matches, and of the students in those matches, 20 graduated from high 
school and 18 pursued postsecondary education.
  The response to TeamMates has been highly encouraging. Principals and 
administrators have commented on the positive attitude change they see 
in students in just the first year of their relationship with a mentor. 
And 99% of the mentors choose to continue their relationship with their 
students after the first year.
  Right now there are 475 TeamMate matches throughout Nebraska. And 
they hope to have a total of 900 a year from now.
  We have another terrific mentoring program in Omaha called All Our 
Kids, which began in 1989 at McMillan Junior High School. At present, 
nearly 80 mentors are providing guidance to at-risk junior and senior 
high school students.
  And All Our Kids enjoys a strong relationship with the Omaha Public 
Schools System. OPS staff work closely with All Our Kids staff to 
identify students who need the services provided by its long-term 
mentoring and scholarship program.
  With our help, TeamMates, All Our Kids, and other promising mentoring 
programs throughout the nation will be able to expand the horizons of 
more young people by providing them with caring adults to show them the 
way.
  I also want to thank the managers for accepting my Sense of the 
Senate urging the President of the United States to allow each Federal 
employee to take one hour a week to serve as a mentor to a young person 
in need.
  Recently, Jim Otto, Nebraska State Director of the U.S. Department of 
Agriculture, called me and said, ``I read what you said about the 
importance of youth mentoring, and I want to let you know that I'm a 
mentor in the TeamMates mentoring program in Lincoln. I want you to 
know it's been a great experience.''
  Jim said he was fortunate that his employer allowed him to take one 
hour a week of administrative leave to spend time with his student. But 
he also said that some of his colleagues in other Federal agencies and 
departments were not so fortunate. Many employees would like to become 
mentors, but they just can't take time away from work.
  Now, we have a lot of dedicated individuals throughout the nation who 
serve as mentors. Several members of my own staff participate in the 
Everybody Wins program in the D.C. Public Schools. And, as I mentioned 
earlier, we have great mentoring programs in Nebraska. But we need more 
adults to say, ``I want to make a difference.''
  The purpose of this legislation is to enable more adults to take the 
time to contribute to the well-being of their communities. It's just 
one hour a week, but in a child's life it can make a world of 
difference.
  Mr. President, whether it's helping a student take an interest in 
schoolwork, helping build a young person's self-esteem, or helping a 
young man or woman communicate more effectively with parents, friends, 
and teachers, a mentor can be that invaluable safety net that keeps a 
child from falling into despair.
  Now, there are many steps we can take to try to prevent violent acts 
once an individual reaches that point of desperation, but it is better 
for all of us if we intervene before that point--and it is also less 
costly.
  With additional support for good mentoring programs we will be able 
to reach more young people before they become lost to substance abuse, 
isolation, or any other destructive behavior that leads them to commit 
acts of violence against themselves or others. In helping these 
programs continue their good work, we raise the hopes of more of our 
children. And when our children's hopes are high, we all benefit.
  Mr. DORGAN. Mr. President, I am glad to be a cosponsor of the 
mentoring amendment offered by my colleague from Nebraska, Mr. Kerrey, 
and I commend him for his work on this issue. I also want to thank the 
managers of this bill for accepting our amendment.
  When it comes to juvenile delinquency, I subscribe to the notion that 
``an ounce of prevention is worth a pound of cure.'' I think it makes a 
great deal of sense to spend a dollar now to try and prevent young 
people from becoming criminals in order to save the thousands of 
dollars it would cost later to incarcerate and rehabilitate them.
  I believe one of the most effective forms of prevention is mentoring. 
I have seen firsthand that mentoring can make an important difference 
in a child's life through my participation in a wonderful program 
started by Senator Jeffords called Everybody Wins. Every week, I have 
the privilege of spending an hour or so with a boy named Jamal. It has 
been a pleasure to

[[Page 10169]]

watch him learn and grow into a fine, confident, young man.
  I would encourage any of my colleagues who want to make a real 
difference to become a mentor. At-risk young people with mentors are 46 
percent less likely to use illegal drugs and half as likely to skip 
school than at-risk youth without mentors. Nearly three-quarters of 
young people with mentors indicate that their mentors have helped to 
raise their goals and expectations.
  Unfortunately, there are too many at-risk youth who do not have an 
adult willing or able to give them the regular, individual attention 
they need. The amendment offered by Senator Kerrey and I would help to 
ensure that exemplary youth or family mentoring programs in each of our 
states are funded by the Juvenile Delinquency Prevention Challenge 
Grant program established in this bill. I believe this would be a good 
investment in our young people, and I again thank my colleagues for 
their support of this amendment.
  Mr. KOHL. Mr. President, I rise to express my appreciation to the 
managers of this bill for agreeing to include in the manager's package 
my amendment to authorize the FAST (Families and Schools Together) 
program.
  Over the last few weeks, we have all spent much time mourning lost 
children--whether they are lost to bullets or to the lure of a violent 
culture, whether they end their lives holding a gun or facing one. And 
we have spent much time discussing the many factors that can lead our 
young people to become lost. We can blame guns, or mindless T.V., or 
savage movies, or violent video games, or illegal drugs. But we know 
that a child is most likely to be lost--most likely to fall under the 
influence of these evils--when he or she is alone, cut off from 
parents, teachers, and the community.
  FAST is a successful program that finds troubled youth and reconnects 
them with their schools and families. FAST brings at-risk children, 
parents, and educators together to help them learn to succeed at home, 
in school, and in their communities. FAST helps ensure that youth 
violence does not proliferate to our schools and communities by 
empowering parents, helping to improve children's behavior and 
performance in school, preventing substance abuse, and providing 
support and networking for families by linking them to community 
resources and services.
  Currently, the FAST program--which was created in my home state of 
Wisconsin--is being implemented in 484 schools in 34 States and five 
countries. It has received numerous national honors and awards, and is 
supported by the Department of Education, Department of Justice, Office 
of Juvenile Justice Delinquency Prevention, Department of Health and 
Human Services, Office of National Drug Control Policy, Substance Abuse 
and Mental Health Services Administration, National Institute of Mental 
Health, Head Start, the Harvard/Ford Foundation, and the United Way of 
America.
  My amendment is simple and effective. It authorizes $12 million a 
year for the next five years to the Office of Juvenile Justice and 
Delinquency Programs in the Department of Justice for FAST sites and 
programs. Of this amount, $10 million will go toward the implementation 
of local FAST sites and programs and $2 million will be used for 
research and evaluation of FAST. This amendment will allow more 
communities across the nation to reap the benefits of FAST--and will go 
a long way toward preventing youth violence in this country.
  Mr. President, one of the best ways to prevent youth violence is by 
building and preserving close, healthy relationships within families. 
The FAST program is instrumental in achieving this goal, and has been 
proven to work in reducing behavioral problems among troubled youth. I 
am pleased that Senators Hatch and Leahy have recognized the importance 
of this small, yet vitally important program by including the FAST 
amendment in the manager's package. I thank them for their efforts in 
working with me on this amendment.
  I yield the floor.


        behavioral and social science research on youth violence

  Mr. KENNEDY. Mr. President, today we are offering an amendment to the 
juvenile justice bill to authorize funding for the National Institutes 
of Health to carry out a broad-based initiative for basic research into 
youth violence. This research will look into the fundamental cause of 
such violence and will be linked to research on the most effective ways 
to prevent it.
  Clearly, we must do more to enhance our understanding of the 
fundamental psychological, behavioral, and social factors that 
contribute to violence by young people.
  NIH currently provides modest support for behavioral research related 
to violence, but the research is seriously under-funded in light of the 
obvious magnitude of the problem. In addition, the current funding is 
spread across many NIH Institutes and some important areas are not 
funded at all.
  This coordinated initiative, relying on the Office of Behavioral and 
Social Sciences Research at NIH, will enable NIH to respond more 
quickly to the crisis of youth violence, eliminate the gaps in current 
knowledge, and focus more effectively on the important high priority 
questions that scientists in the field have identified.
  Violence is also a public health problem, and it is as perilous as 
any epidemic. The tragic shooting rampage by the two students in 
Colorado shocked the country into a greater sense of urgency about 
youth violence. Many elements contribute to violent behavior, and it is 
seldom traced to any single cause.
  These causes need to be better understood if we are to design 
effective methods for treatment and prevention. We also need a greater 
understanding of how to apply the knowledge that we already have.
  More effective school, family and community prevention activities can 
be designed on the basis of what we learn from research and from the 
practical experience of clinicians, educators, and social scientists. 
The goal of part of this research effort will be to develop better 
organizational models of effective partnerships among scientists, 
public agencies, and community members. The research will also address 
the psychological impact of violence on the victims, since many 
perpetrators of violence were themselves victims of violence earlier in 
their lives.
  Our proposal for greater NIH research is an essential part of the 
answer we are seeking to the tragedies of juvenile violence, and I urge 
the Senate to support it.


                              FAST Program

  Mr. FEINGOLD. Mr. President, I rise today to support Senator Kohl's 
amendment which was included into the Juvenile Justice bill's Manager's 
Package. Mr. President, Senator Kohl's amendment would expand the 
Families and Schools Together or FAST program to reach the many at-risk 
students in need. FAST is an award winning drug abuse prevention 
program that supports and empowers parents to be the best line of 
defense between their children and the dangers of drug abuse. The 
program uses a cooperative approach that gives parents professional 
support to prevent and confront drug abuse in the home.
  I am proud to report, Mr. President, that the FAST program, which has 
received many awards and honors since its development 10 years ago, was 
founded in my home state of Wisconsin by Dr. Lynn McDonald. Dr. 
McDonald is one of the nation's experts on the prevention of drug abuse 
by young people. The unique FAST program is today being used in 484 
schools in 34 states and five countries.
  Research indicates that to be most effective, substance abuse 
prevention education should be initiated when children are young. 
Researchers also believe that prevention efforts that focus on family 
and peer relationships can greatly reduce risk factors for our 
children. While no one solution will rid our country of the problem of 
youth drug abuse, it is critical that we make available to students, 
parents and schools successful programs that can make a difference. 
FAST has a proven

[[Page 10170]]

track record: it has been tried, adapted, implemented and studied. It 
is clearly a program that has proven successful and should be expanded 
to reach more families in need.
  It is important to note, Mr. President, that we are not powerless to 
help prevent destructive behaviors, such as drug abuse, in our 
children. The FAST program requires a strong, committed partnership 
between schools and families to help the students at risk and to 
intervene successfully to prevent the downward cycle of drug abuse, 
which too often leads to youth violence.
  I support this amendment, Mr. President, because I know that FAST is 
a prevention program which helps young children at risk for developing 
problems later on--by working with them and their families early on. 
Senator Kohl's amendment is a wise investment at the front end to catch 
students before their risky behavior results in tragic consequences for 
themselves and their families. With assistance from the FAST program, 
families become their own child's best prevention resource.


                           WORKER PROTECTION

  Mr. KENNEDY. Mr. President, we have been engaged over the last week 
in the important, and at times difficult, task of defining how the 
nation will address the problem of youth violence and crime. Our goal 
is to develop steps that will be more effective in protecting society 
against juvenile crime and enabling youth to become productive and 
successful members of our society.
  We must also protect the rights of the men and women in the criminal 
system responsible for working with juvenile offenders. It is in the 
nation's interest to ensure that states which receive federal dollars 
for their juvenile justice programs administer these programs in a 
manner that protects the worker, the juvenile offender, and ultimately, 
the taxpayers and citizens.
  This amendment will ensure that workers who provide juvenile justice 
services do not lose their jobs, their existing bargaining rights, or a 
loss of benefits if their program receives federal funds.
  This is not a new concept. Since enactment of the Juvenile Justice 
and Delinquency Prevention Act in 1974, Congress has recognized the 
importance of making sure that the rights of state workers are 
protected in juvenile justice programs funded with federal money. 
Current law provides that the distribution of federal funds for state 
juvenile justice programs will not displace workers, negatively reduce 
their wages, or impair existing collective bargaining agreements.
  The intent of the current law, and of this amendment, is two-fold: to 
protect workers' rights, and to protect the safety of juvenile 
offenders. For almost 25 years, the law has protected the employment 
rights of tens of thousands of state workers in the court system and 
the juvenile justice system. These men and women, whose jobs are funded 
through grants to the states, are at the core of our juvenile justice 
system. They perform vital work, supervising and training troubled 
youths in the courts and in the parole system. Even with the 
protections under current law, and even when workers are covered by 
collective bargaining agreements, these are not high paying jobs. 
Salaries go from the high teens to the low thirty thousand dollar 
range.
  The law also ensures the quality of the services provided by these 
workers. Protecting the rights of current, experienced workers 
maintains the stability of the workforce and ensures that well-trained, 
qualified personnel are staffing the juvenile justice system. If we are 
serious about protecting society against violent youth--if we are 
serious about rehabilitating young people and safely returning them to 
society, then we need well-trained and experienced workers and a stable 
workforce with adequate skills and training in our juvenile justice 
system.
  This amendment will make sure that existing collective bargaining 
agreements, and the rights under those agreements, would not be 
disturbed when a state program receives a federal grant. The amendment 
will prevent displacement of current workers when a program receives a 
federal grant. For workers who are not covered by a collective 
bargaining agreement, this amendment may be the only job protection 
they have when their program is funded under a federal grant.
  We all agree that the juvenile justice system must be improved. Let's 
also agree that preserving the existing rights of state juvenile 
justice workers, and preventing disruption of existing employment 
relationships, are essential components that must be part of an 
improved system. I urge my colleagues to vote for this amendment.


               demonstration program for high risk youth

  Mr. GREGG. Mr. President, America is struggling with a disturbing and 
growing trend of youth violence. While it is true that crime is 
generally down in many urban and suburban areas, it is equally true 
that crime committed by teens has risen sharply over the past few years 
and it is expected to continue to rise. Crime experts who study 
demographics warn of a coming crime wave based on the number of 
children who currently are younger than 10 years old. These experts 
warn that if current trends are not changed, we might someday look back 
at our current juvenile crime epidemic as ``the good old days.''
  Thirty years ago, Daniel Patrick Moynihan, then an official of the 
Johnson Administration, wrote that when a community's families are 
shattered, crime, violence and rage ``are not only to be expected, they 
are virtually inevitable.'' He wrote those words in 1965. Since then, 
arrests of violent juvenile criminals have tripled.
  If we have learned anything from this debate and from all the 
research that has been done on juvenile violence, it is that there is 
no magic bullet, no single solution or panacea to the problem of rising 
juvenile crime. Juvenile crime is a complex problem that demands a 
myriad of responses. It is a problem that demands a partnership 
solution involving family, community, religious institutions, the 
media, the schools and law enforcement.
  The amendment I am offering today with Senator Lieberman is a multi-
tiered approach. First, the proposal targets youth who are at the 
highest risk of leading lives that are unproductive and negative; youth 
who have been or are likely to be incarcerated. Second, it brings 
together representatives of local government, juvenile detention 
providers, local law enforcement, probation officers, youth street 
workers, local educational agencies, and religious institutions to 
provide highly intensive, coordinated, and effective intervention 
services to high risk youth.
  We provide seed money ($4 million a year with a 30% match) to enable 
the establishment of a collaborative partnership in 12 cities: Boston, 
New York, Philadelphia, Pittsburgh, Detroit, Denver, Seattle, 
Cleveland, San Francisco, Austin, Memphis, and Indianapolis. We also 
provide grants to grass roots entities in 8 cities to fund intervention 
models that establish violence-free zones through mediation, mentoring, 
coordination with law enforcement and local agency partnerships and the 
development of long term intervention strategies.
  Research has documented that this is the approach that yields 
sustainable results. According to Public Private Ventures, Inc., which 
has been engaged in the study of programs for children, youth and 
families, interventions for seriously at-risk older youth and youth who 
have already become involved with the juvenile justice system require 
an innovative joining of youth development and crime reduction 
strategies. This amendment does just that.
  At the same time we must recognize that government solutions are 
limited. Government is ultimately powerless to form the human 
conscience that chooses between right and wrong. Locking away juveniles 
might prevent them from committing further crimes, but it does not 
address the fact that violence is symptomatic of a much deeper, moral 
and spiritual void in our Nation.
  In the battle against violent crime, solid families are America's 
strongest line of defense. But government can be an effective tool if 
it joins private institutions (families, churches, schools,

[[Page 10171]]

community groups, and non-profit organizations) in preventing and 
confronting juvenile crime with the moral ideals that defeat despair 
and nurture lives.
  This amendment is a step in that direction and I urge its adoption.


                  ``PARTNERSHIPS FOR HIGH-RISK YOUTH''

  Mr. KENNEDY. Mr. President, I support Gregg's ``Partnerships for High 
Risk Youth'' amendment. This amendment establishes a national 
demonstration project to identify the most effective practices and 
programs for reducing youth violence. This initiative will provide 12 
high-risk cities across the nation with funds to carry out local 
demonstration projects. These initiatives will help us learn much more 
about the best programs for reducing youth violence. Communities across 
the country will benefit from the knowledge.
  The most successful violence prevention programs take a comprehensive 
approach to youth violence. The goal is to reach out to youth and their 
families on a variety of levels. Diverse groups--law enforcement, 
schools, mental health professionals, religious organizations, parents, 
and teachers--all need to join forces. This amendment supports this 
vital type of cooperation. The knowledge we gain will save lives. 
Communities across the country will be able to learn from these 
successful models and develop similar programs in their own towns and 
cities.
  Boston has long understood the importance of community cooperation, 
and many of the ideas we have discussed have proven effective there. 
Boston's strategy is based on three strong commitments--tough law 
enforcement, heavy emphasis on crime prevention (including drug 
treatment), and effective gun control. Neglect of any one of these 
commitments undermines the whole strategy.
  Several years ago, concerned groups in Boston joined forces to 
develop community-based solutions that made youth violence ``everyone's 
business.'' Successful partnerships have included the pairing of mental 
health professionals, police and probation officers and school 
administrators with clergy, community leaders, and even gang members 
themselves. Statistics show that this strategy works. During the period 
from July 1995 through December 1997, there was only one juvenile death 
in Boston that involved a firearm.
  Boston's Ten Point Coalition has received national acclaim for its 
work with troubled youth. This is exactly the type of program that 
Senator Gregg's amendment will support. The Ten Point Coalition which 
was founded by Rev. Eugene Rivers, is an ecumenical group of clergy and 
lay leaders who are working to mobilize the community on issues 
affecting African-American youth--especially those at risk. The 
Coalition is committed to helping at-risk children reach their full 
potential, and it offers training, technical assistance, resource 
development, and networking opportunities to churches and other 
community groups interested in mentoring, advocacy, economic 
alternatives, and violence prevention. Its goal is to build a coalition 
of churches nationwide, united in their commitment to changing 
children's lives and reducing violence.
  This amendment will help outstanding initiatives like this across the 
country, and I urge the Senate to support it.


       violence prevention training for early childhood educators

  Mr. DODD. Mr. President, one of the best ways to approach juvenile 
justice is to prevent violent offenses from occurring in the first 
place. Therefore, I am pleased to offer the ``Violence Prevention 
Training for Early Childhood Educators'' amendment to S. 254, which is 
aimed at preventing the development of violence in children at the 
earliest ages so that they never grow up to become juvenile offenders. 
This amendment--which I understand will be contained in the Managers' 
amendment at the conclusion of consideration of the bill--would 
authorize no less than $15 million in grants for teachers to learn 
violence prevention skills.
  All of us have been shaken by the tragedy at Littleton, CO. Americans 
are left searching for answers to many questions. How could these 
teenagers have committed such brutality? What happened to the innocence 
and joy of youth? How can society help prevent such violent, deadly 
behavior from happening again?
  One of the most effective solutions is to begin violence prevention 
at an early age. This program is a carefully thought-out program aimed 
at true prevention. It is designed to help early childhood educators--
the people who work directly with young children in preschools, child 
care centers, and elementary schools--learn the skills necessary to 
prevent violent behavior in young children. This amendment would 
provide support to programs that prepare these professionals so that 
early childhood teachers, child care providers, and counselors are able 
to teach children how to resolve conflicts without violence. In 
addition, these professionals are in the perfect position to reach out 
and extend these lessons to parents and help whole families adopt these 
powerful skills.
  Research has demonstrated that aggressive behavior in early childhood 
is the single best predictor of aggression in later years. Children 
observe and imitate aggressive behavior over the course of many years. 
They certainly have plenty of exposure to violence, both in the streets 
and at home. A Boston hospital found that 1 out of every 10 children 
seen in their primary care clinic had witnessed a shooting or stabbing 
before the age of 6.
  I am disheartened to report that in my home State of Connecticut, 1 
in 10 teens have been physically abused. Alarmingly, more than a third 
of teenage boys report that they have guns or could get one in less 
than a day. In these circumstances, aggression becomes very well-
learned by the time a child reaches adolescence.
  We must provide children with strategies for altering the negative 
influences of exposure to violence. Early childhood offers a critical 
period for overcoming the risk of violent behavior and later juvenile 
delinquency. And the proper training of professionals who work with 
young children offers one of the most effective avenues for reaching 
these kids.
  This is not to suggest that early childhood professionals would 
replace parents as a source of teaching social skills and acceptable 
behavior. Instead, these teachers should demonstrate these skills with 
the children in their care and be encouraged to work with the whole 
family to address conflict without violence and aggression.
  In 1992, Congress enacted similar legislation to provide grants for 
programs that train professionals in early childhood education and 
violence counseling. These grants funded some remarkable programs. In 
my home state, a program at Eastern Connecticut State University 
trained students--half of whom were minority, low-income individuals--
to be teachers in their own communities, and trained child care 
providers in violence prevention with young children.
  Unfortunately, just as these efforts were getting off the ground and 
starting to show promising results, the funding for the program was 
rescinded as part of the major 1994 rescission bill. Looking back, 
after the horrible events in Littleton, CO, Springfield, OR, and too 
many other communities, I think we can clearly see that was a mistake. 
Hindsight is always clearer--but let's not make the same mistake going 
forward. Let's reinvest in these efforts so that we can prevent our 
children from developing into violent juvenile offenders.
  Preventing future acts of violence is an issue that rises above 
partisan politics. I think we can all agree that steps need to be taken 
to reduce the development of violent behavior in children. Please join 
me in this effort to begin creating a safer society for everyone, 
especially our children.


                           truancy prevention

  Mr. DODD. As many of my colleagues know, I have worked consistently 
for the last several years to address what I believe is one of the key 
``gateway'' offenses leading to delinquency and serious crime among our 
youth--Truancy.

[[Page 10172]]

Working with Senator Sessions, we have been able to include language 
encouraging states and local communities to pursue truancy prevention 
programs with the assistance they will receive under this bill. I want 
to thank Senator Sessions for working with me on this effort.
  Truancy is a dangerous and growing trend in our nation's schools. It 
not only prevents our children from receiving the education they need, 
but it is often the first warning of more serious problems to come. 
Truant students are at greater risk of falling into substance abuse, 
gangs, and violent behavior. For many students, truancy is the 
beginning of a lifetime of problems.
  It is estimated that, in the past ten years, truancy has increased by 
as much as 67 percent. On an average school day, in the United States, 
as many as 15 percent of junior and senior high school students are not 
in school. In some urban schools, absentee rates approach 50 percent. 
Alarmingly, the problem is becoming increasingly prevalent in our 
elementary schools. Almost one quarter of Connecticut's truants were 13 
or younger.
  By some estimates, truants cost our nation more than $240 billion in 
lost earnings and forgone taxes over their lifetimes. Yet this sum does 
not include the billions more in dollars spent on law enforcement, 
foster care, prisons, public assistance, health care and other social 
services.
  Fortunately, truancy is a solvable problem. Many communities, 
including many in Connecticut, have set up early intervention 
programs--to reach out and prevent truancy before it leads to 
delinquency and more serious criminal behavior. A number of Connecticut 
cities have brought back truant officers, hired drop-out prevention 
workers, held parents accountable for their students absences, denied 
credit to students with unexecused absences, and have created truancy 
courts.
  These programs are showing signs of success. Several towns have 
reported dramatic drops in daytime burglary rates--some as much as 75 
percent--after instituting truancy prevention initiatives.
  Unfortunately, communities have had difficulty implementing these 
programs as truancy is considered an educational rather than a criminal 
justice issue, and, with growing classroom enrollments, many 
financially-strapped schools simply do not have the resources to 
adequately address this problem.
  The provision that Senator Sessions and I are adding to the juvenile 
justice bill will ensure that communities have the wherewithal they 
need to respond to this increasingly serious problem. The legislation's 
goal is to promote anti-truancy partneships between law enforcement 
agencies, schools, parents, and, community organizations. While each 
community must create a program which works for it, I believe that 
there are certain key components of successful programs.
  First, parents must be involved in all truancy prevention activities 
and they must be given incentives to face up to their own 
responsibilities. Second, students must understand that they will face 
firm sanctions for truancy. Third, all hubs of this partnership wheel--
law enforcement, educational agencies, parents, and youth serving 
organizations--must work together to help solve this problem.
  Truancy is an early warning that a child is heading in the wrong 
direction. I am hopeful that states and communities will use this new 
authority to support high quality truancy partnership projects. And we 
can move on to spend more time celebrating the accomplishments of our 
children than grieving over lost opportunities to stop the cycle 
leading to violent crime.


                     federal son of sam legislation

  Mr. DORGAN. Mr. President, last year, I introduced a bill to correct 
problems with the Federal Son of Sam Law, as those problems were 
perceived by the United States Supreme Court. Today, I am reintroducing 
this legislation, which deals with a continuing problem. The New York 
statute analyzed by the Supreme Court, as well as the Federal statute 
which I seek to amend, forfeited the proceeds from any expressive work 
of a criminal, and dedicated those proceeds to the victims of the 
perpetrators crime. Because of constitutional deficiencies cited by the 
Court, the Federal statute has never been applied, and without changes, 
it is highly unlikely that it ever will be. Without this bill, 
criminals can become wealthy from the fruits of their crimes, while 
victims and their families are exploited.
  The bill I now introduce attempts to correct constitutional 
deficiencies cited by the Supreme Court in striking down New York's Son 
of Sam law. In its decision striking down New York's law, the Court 
found the statute to be both over inclusive and under inclusive: Over 
inclusive because the statute included all expressive works, no matter 
how tangentially related to the crime; under inclusive because the 
statute included only expressive works, not other forms of property.
  To correct the deficiencies perceived by the Court, this bill changes 
significantly the concepts of the Federal statute. Because the Court 
criticized the statute for singling out speech, this bill is all 
encompassing: It includes various types of property related to the 
crime from which a criminal might profit. Because the Court criticized 
the statute for being over inclusive, including the process from all 
works, no matter how remotely connected to the crime, this bill limits 
the property to be forfeited to the enhanced value of property 
attributable to the offense. Because the Court found fault with the 
statute for not requiring a conviction, this bill requires a 
conviction.
  The bill also attempts to take advantage of the long legal history of 
forfeiture. Pirate ships and their contents were once forfeited to the 
government. More recent case law addresses the concept of forfeiting 
any property used in the commission of drug related crimes, or proceeds 
from those crimes. I hope that courts interpreting this statute will 
look to this legal history and find it binding or persuasive.
  The bill utilizes the Commerce Clause authority of Congress to 
forfeit property associated with State crimes. This means that if funds 
are transferred through banking channels, if UPS or FedEx are used, if 
the airwaves are utilized, or if the telephone is used to transfer the 
property, to transfer funds, or to make a profit, the property can be 
forfeited. In State cases, this bill allows the State Attorney General 
to proceed first. We do not seek to preempt State law, only to see that 
there is a law in place which will ensure that criminals do not profit 
at the expense of their victims and the families of victims.
  One last improvement which this bill makes over the former statutes: 
The old statue include only crimes which resulted in physical harm to 
another, this bill includes other crimes. Examples of crimes probably 
not included under the old statute, but included here are terrorizing, 
kidnaping, bank robbery, and embezzlement.
  Mr. President, our Federal statute, enacted to ensure that criminals 
not profit at the expense of their victims and victim's families, is 
not used today because it is perceived to be unconstitutional. I 
believe victims of crime deserve quick action on this bill, drafted to 
ensure that they are not the source of profits to those who committed 
crimes against them. I ask for your support.
  Mr. KENNEDY. Mr. President, for the past several days, we have 
debated the best practices and programs for preventing youth violence. 
We have disagreed on a number of issues including the need to restrict 
guns, invest in after-school care, and expand counseling services and 
mental health services for troubled youths and children. But there is 
one issue that members on both sides of the aisle agree on--parents 
play an important role in their children's lives.
  Everywhere we look, children are under assault: from violence and 
neglect; from the break-up of families; from the temptations of 
alcohol, tobacco, sex, and drug abuse; from greed, materialism, and the 
media. These are not new problems, but in our time, they have become 
increasingly serious. Against this bleak backdrop, the struggle to 
raise children and to support

[[Page 10173]]

families, emotionally as well as practically, has become more 
difficult.
  Parents bear the first and primary responsibility for their sons and 
daughters--to feed them, to shelter them, to talk to them, to teach 
them to ride a bike, to encourage their talents, to help them develop 
physically and emotionally, and to make countless daily decisions that 
influence their growth and development.
  Parents are the most important influence in their children's lives, 
but they are being pulled in many different directions. Healthy 
development depends on strong parental guidance. Spending time together 
is an essential part of building positive parent-child relationships. 
Yet time together is increasingly scarce.
  Parents are eating fewer meals and having fewer conversations with 
their children. Between 1988 and 1995, a significant drop took place in 
parent-child activities. Sixty-two percent of mothers reported eating 
dinner with their child on a daily basis in 1988, but only 55% reported 
doing so in 1995. Fifty percent ate dinner with their child in 1988, 
but this rate dropped to 42% in 1995.
  We need to support parents, not attack and blame them. Sylvia Hewlett 
and Cornel West said it best in the title of their recent book, ``The 
War Against Parents.'' That's exactly how it feels for many of today's 
parents. Like parents before them, they struggle to keep children at 
the center of their lives. But major obstacles stand in their way, 
undermining their efforts.
  Over the course of the last thirty years, public policy and private 
decision-making have often tilted heavily against the activities that 
comprise the essence of parenting. A myopic government increasingly 
fails to protect or support parents, while the competitive forces in 
the marketplace are allowed to take up more and more time. We talk as 
though we value families but act as though families are a last 
priority. Sooner or later, worn-out parents get the message that 
devoting their best time to raising children is a lonely, thankless 
undertaking that cuts against the grain of other activities that are 
apparently valued more highly by society.
  Last week, I spent time in Boston talking to students about violence 
and other issues affecting their lives. I asked them whether they felt 
their parents were too busy to talk to them--and 3/4ths of the students 
raised their hands.
  Parents need to spend more time listening to children--and the nation 
agrees. A recent Newsweek poll asked, ``How important is it for the 
country to pay more attention to teenagers and their problems?'' 
Eighty-nine percent of those polled replied that it is very important. 
If parents are not raising their children, we need to worry about who 
is.
  The wrong kind of parenting can cause problems as well. Inconsistent 
or overly harsh discipline, may lead children to develop aggressive 
behavior. Inconsistent discipline is often associated with poor 
behavior in school and at home. These children also tend to have more 
trouble establishing strong relationships with their family, their 
teachers and their fellow students.
  Parenting and coaching classes can make a significant difference in 
avoiding such problems. A recent study published in the American 
Psychological Association's Journal of Consulting and Clinical 
Psychology found that mothers who participated in Head Start parenting 
programs showed a decrease in their use of harsh criticism and an 
increase in their use of positive and competent discipline. The 
children were happier and their behavior was more satisfactory than 
children whose mothers did not receive parenting education.
  When parents have the skills to deal effectively with their children, 
they are less likely to be abusive. Unfortunately, too many parents 
lack these essential skills. Each year over 3 million children are 
identified as victims of abuse or neglect. The consequences are 
devastating. Traumatized children are more likely to have alcohol and 
substance abuse problems and learning problems. They are also more 
likely to be arrested as juveniles and to engage in abusive behavior 
toward their own children when they become parents.
  We know that suffering abuse as a child is strongly related to 
subsequent delinquency and abusive behavior later in life. But improved 
parenting skills can help break this vicious cycle. Parenting support 
and education have been proven to reduce abuse. In the Prenatal and 
Early Infancy Project, high-risk mothers were randomly assigned to one 
of two groups. One group received visits by specially trained nurses 
who provided coaching in parenting skills and other advice and support. 
The other group received no services. For those who received the 
assistance, child abuse was reduced by 80% in the first 2 years. 15 
years after the services ended, these mothers had only one-third as 
many arrests, and their children were only half as likely to be 
delinquent.
  Law enforcement officials also recognize the benefits of training 
parents. More than 9 out 10 police chiefs (92%) agreed with the 
statement, ``America could sharply reduce crime if government invested 
more in programs to help children and youth get off to a good start'' 
by ``fully funding Head Start for infants and toddlers, preventing 
child abuse, providing parenting training for high-risk families, 
improving schools, and providing after school programs and mentoring.''
  These law enforcement officers are right. Parenting classes in 
conjunction with early education programs improve caregiver skills they 
also reduce crime dramatically and they reduce the likelihood of later 
delinquent behavior. A High/Scope Foundation study at the Perry 
Preschool in Michigan provided at-risk 3 and 4 year-olds with a quality 
Head Start-style preschool program, supplemented by weekly in-home 
coaching for parents. Two decades later years later, by age 27, those 
who had been denied the services as toddlers were five times more 
likely to be chronic lawbreakers.
  A similar program in Syracuse provided child development and health 
services for at-risk infants and toddlers and parenting support for 
their mothers and fathers. The study found that kids denied the 
services were ten times more likely to be delinquent by age 16.
  We pay a high price for abuse and neglect. In addition to its 
damaging psychological consequences, it is estimated that $22 billion 
is spent each year on services for abused children, their families, and 
foster care families. Investing in prevention programs, particularly 
parent support and education, will significantly reduce these abuse-
related expenditures.
  There is no question that investing in parents will pay-off. When we 
don't make this investment, we all pay more later, not just in terms of 
lives and fear, but also in tax dollars.
  The ``Parenting As Prevention'' Act, which Senator Stevens and I are 
proposing, will fund several initiatives that will improve parenting 
skills.
  To identify the best parenting practices, a National Parenting 
Support and Education Commission will be established. The Commission 
will identify the most effective parenting practices, including the 
best strategies for disciplining children and youth, the best 
approaches for building integrity and character, and the best 
techniques for ensuring healthy brain development.
  The Commission will also conduct a review of existing parenting 
support and education programs, and will provide Congress and the 
Administration with a detailed report of its findings. Perhaps, most 
important, essential parenting information will also be provided to 
parents--no new family will leave a hospital or adoption agency without 
information on how to best care for a baby. In Massachusetts, such an 
initiative is already underway.
  Our amendment also supports the establishment of a grant program to 
strenghthen state initiatives for supporting and educating parents. 
Block grants will go directly from the Department of Health and Human 
Services to the states. Each state will establish their own Parenting 
Support and Education Council to award local grants. States will use 
their funds to establish support and education resource centers for 
parents and to

[[Page 10174]]

strengthen support programs for children and teenagers. The grant 
program will support a wide variety of parental support initiatives 
including: home visitation for mothers of new babies; the distribution 
of parenting and early childhood development materials; the development 
of support programs for parents of young children and teenagers; 
respite care for parents of children with special needs; and the 
creation of a national toll free number that will offer counseling and 
referral services for parents.
  Finally, our amendment will improve mental health services for 
violence-related stress. Regional centers around the country will be 
established to provide special training and research in psychological 
counseling and treatment. We know that the early years are essential to 
healthy development and that inadequate care during this critical 
period can have a devastating impact on future behavior. To reverse the 
impact of negative early experiences, regional centers on psychological 
and trauma response will identify the best practices for dealing with 
these problems. In the long run, successful early intervention is the 
best way to modify the culture of violence instilled in so many youth.
  I urge my colleagues to support this amendment. Investing in parents 
and children is one of the best ways to prevent youth violence and we 
clearly need to do more in order to achieve this important goal.
  I ask unanimous consent that letters of support for this amendment be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                              MIT,


                                       Family Resource Center,

                                      Cambridge, MA, May 18, 1999.
     Hon. Edward M. Kennedy,
     U.S. Senate,
     Washington, DC.
       Dear Senator Kennedy: It is with pleasure that I write to 
     express my full and enthusiastic support for your Amendment 
     to S. 254 entitled ``PARENTING AS PREVENTION.''
       The provision of the Amendment, including the establishment 
     of a Parenting Support and Education Commission, a State and 
     Local Parenting Support and Education Grant Program, and 
     Grants to Address the Problems of Violence Related Stress to 
     Parents and Children, could not be more needed, or more 
     timely. I am confident that the Amendment will make a major 
     contribution in addressing the pressing needs of parents in 
     our country, and thus in preventing the tragic problems among 
     children and youth that confront our nation today.
       You are to be commended for your leadership in bringing 
     forward this critically important legislative initiative.
       In addition to serving as Administrator of Parenting 
     Programs at MIT, I am Chief Consultant to the Harvard 
     Parenting Projects and Director of the Harvard Project on the 
     Parenting of Adolescents at the Harvard School of Public 
     Health. I am also Founding Chair and National Liaison for the 
     National Parenting Education Network.
       If there is any assistance that I can provide to the new 
     Commission, I would be very happy to do so.
           Respectfully yours,
                                            A. Rae Simpson, Ph.D.,
     Administrator, Parenting Programs.
                                  ____



                                  The Latin School of Chicago,

                                        Chicago, IL, May 18, 1999.
       Dear Senator Kennedy: I am writing to support your efforts 
     at adding The Stevens-Kennedy Amendment to S. 254--the 
     Parenting as Prevention Act. I have working at parenting 
     education for two decades. I have taught parent education to 
     lawyers, social workers, teachers, parents and students in k-
     12 settings in some of the most violent neighborhoods in 
     Chicago. I have been able to prove that it does help children 
     and parents to have more options, to understand the needs of 
     children and others and to choose non-violent solutions to 
     problems.
       I have also been working for several years on parent 
     advocacy groups to professionalize parent education and get 
     some consensus regarding best practices. We need support and 
     resources to do this. Many of us have been doing this for 
     years at our own expense because we know how important parent 
     education and support is to parents and future parents. Thank 
     you for your efforts and please call upon me in any way I can 
     to support your good work. We need this Act to do our good 
     work.
           Very sincerely yours,
                                            Dana McDermott Murphy,
       Adjunct Professor, Family Studies Program--Loyola of 
     Chicago; Coordinator, Parent Education Initiative, The Latin 
     School of Chicago; Member, Advisory Council of the National 
     Parent Education Network; and Member, Advisory Board of the 
     Parenting Project-Boca Raton, FL.
                                  ____



                                 Websters International, Inc.,

                                                     May 18, 1999.
     Senator Edward Kennedy,
     c/o Parenting Coalition International,
     Washington, DC.
       Dear Senator Kennedy: I am in support of the Stevens/
     Kennedy Amendment to S. 254 subtitled: PARENTING AS 
     PREVENTION.
       This is a most critical time in America's history. All of 
     us need to realize, recognize, and support the premise that 
     parents are the single most important factor in determining 
     the success or failure of their child. Beyond a doubt, based 
     on the very latest research, parents are their child's most 
     influential teachers. Therefore, it stands to reason that 
     parents truly desire to learn the skills and attitudes they 
     need in order to be the best parent they can be for their 
     child. Those skills and attitudes do not come naturally; they 
     are learned. We need programs that will ensure that parents 
     are taught those skills and attitudes using the most positive 
     methods available. Too many of them have learned negative 
     parenting through the bad examples of their own parents.
       We must start sending positive messages to our children 
     instead of the poor, often confusing scenarios, we present to 
     them now. I believe providing the states with funds to help 
     them implement such programs would be most desirable, but 
     only if we have a true method of determining that the monies 
     are being spent correctly on parenting materials that have 
     been proven to make a difference in the lives of both parents 
     and their children, and that such programs are making a 
     difference.
           Sincerely,
                                                 Gretchen Gleaves,
     Vice President.
                                  ____



                                                   The Heaths,

                                      Haverford, PA, May 18, 1999.
     Belinda Rollins,
     President, Parenting Coalition International, Inc., 
         Washington, DC.
       Dear Belinda: Thank you for the privilege of reviewing and 
     commenting on the provocative Stevens-Kennedy Amendment to S. 
     254.
       Establishing a Parenting Support and Education Commission 
     must be a component of any effort to improve the lives of 
     America's children. Parents, defined broadly as anyone who 
     has made a commitment to care for a child from now until the 
     child reaches adulthood, provide their children with 
     continuity of understanding and love as those children move 
     through their growing years. That continuity is vital given 
     the complexity of the society in which our children live, the 
     range of experiences that they have and the vast number of 
     choices which they have to make.
       Senator Kennedy and his staff are to be congratulated for 
     incorporating into the existing bill this additional 
     component that will provide a means of strengthening parents' 
     ability to nurture their children.
       My experience of over thirty years of working with parents 
     as well as consulting with parent programs world wide has led 
     me to recognize the need for a Commission that focuses on the 
     role of parents in the lives of their children, the effects 
     of that role on the parents themselves and how to support 
     parents that they may more effectively nurture their 
     children. The Commission to be created by this bill will 
     address these needs in at least three ways.
       (1) Establishing such a commission will give recognition to 
     the importance of parents in the lives of their children. No 
     educational or social agency provides the continuity of love 
     and care that parents give to children. This commission will 
     keep in the national consciousness the unique role of the 
     parent.
       (2) The Commission will provide a means for investigating 
     in depth social issues related to parenting. For example, 
     rather than the public argument over whether or not mothers 
     should work the commission could investigate the conditions 
     that allow parents to have the time they need with their 
     children while also carrying on their own lives and earning 
     an income for their families.
       (3) Having state and local initiatives, as described in the 
     bill, will provide a means for raising issues from the local 
     level to national attention as well as a means of passing 
     down current research and information.
       This amendment to S. 254 adds a significant component to 
     the national agenda of supporting children by recognizing the 
     important role that parents have in the lives of their 
     children and by providing support and information to parents 
     that will enhance their ability to nurture their children.
       Again let me thank you for giving me an opportunity to 
     respond to this innovative amendment.
           Sincerely,
                                             Harriet Heath, Ph.D.,
     Director, The Parent Center, Bryn Mawr College.
                                  ____

       Belinda: Thank you so much for giving me the opportunity to 
     review this amendment. I am amazed that you were able to get 
     it put together and through the channels to be added to the 
     bill. Congratulations.
       I hope my letter supports the amendment is the way you had 
     hoped.
       I do have some comments on the amendment itself, as I think 
     you were also asking for. I find it fascinating the groups 
     you have

[[Page 10175]]

     included and see the political reasons for doing so. Your 
     political savvy is amazing and so necessary if you are going 
     to achieve your goals. And I am so glad that you are there 
     working towards the betterment of parents.
       A few comments: In your list of Commission members you need 
     people knowledgeable about parental development and about the 
     role of the parent in child development. I am not sure I am 
     saying this very clearly but the writing on parents tends to 
     focus on what parents do with and to their children, not on 
     the determinants of the parental behavior themselves. 
     Parenting tends not be discussed as it affects the parent 
     except for specific periods such as the early adjustments to 
     parenthood and parenting the adolescent when the mother may 
     be menopausal and the father seeing limits to what he may 
     accomplish.
       I am uneasy about the dichotomy that seems to exist in the 
     8th and 9th listing. A good parenting education program, not 
     including that produced through the media, has a strong 
     supportive component.
       In 8 are you speaking of family support programs that 
     provide social and medical services as well as parenting 
     education and support or are you referring to parent programs 
     that are defined as totally emotionally supportive of parents 
     without a content component except what the parents offer 
     each other?
       Speaking of ``best practices'' gives me visions of a cook 
     book. It implies there are good recipes and all we have to do 
     is identify them. I have not yet figured out how to write 
     these sections but so much of parenting is developing plans 
     for specific situations. Planning involves considering 
     several key factors which include obvious such as the 
     developmental level of the child, the temperament pattern, 
     the needs, and the less often mentioned factors such as what 
     are the parents' values and beliefs. The fact that parents 
     deal with the issues they face by considering key factors 
     must be recognized, and supported because, as we all know, 
     one approach does not meet the needs of all children. But 
     maybe all this is too complex for a bill.
       One other issue--for future consideration. You pass over 
     the elementary school years. They are a time when parents can 
     delight in their children as those children are old enough to 
     explore new skills, discuss ideas and just enjoy each other. 
     These are also the years parents can do so much in preparing 
     their children for the adolescence. It is a time of giving 
     them that factual information they can use when making 
     decisions about drugs, sex, etc. It is the time for 
     developing decision making skills. And maybe most of all it 
     is the time of deepening the loving relationship that will 
     carry them both through the teen ages.
       All of this may be too much for the bill. I look forward to 
     the continuation of the discussion.
       Again, thank you Belinda for the work you are doing and for 
     including me in it.
       I will send you a paper copy of the letter. Should it go 
     somewhere else also?
       Best wishes. See you Friday,
     Harriet.
                                  ____



                                  Fight Crime; Invest in Kids,

                                                     May 18, 1999.
     Re Stevens-Kennedy Amendment to Juvenile Crime Legislation.

       Dear Senator: As an organization led by over 500 police 
     chiefs, sheriffs, prosecutors, victims of violence, leaders 
     of police organizations, and violence prevention scholars, we 
     write in support of the Stevens-Kennedy ``Parenting as 
     Prevention Act'' amendment to S. 254.
       Today, kids are being raised in households where both 
     parents must work. In many cases, single, working parents 
     raise children on their own. These new stresses are 
     compounded by our increasingly mobile society. Parents often 
     lack nearby grandparents and other close relatives to share 
     the work of raising a child as well as provide coaching and 
     emotional support.
       The Stevens-Kennedy amendment recognizes that we must help 
     parents face today's challenges in raising a child from the 
     toddler to teen years. We all have a vital stake in seeing 
     that children are provided with the best quality parenting 
     because it is a critical factor in determining if a child 
     will grow up to be a criminal or a contributing citizen and 
     good neighbor.
       Programs that help parent raise infants and toddlers 
     supporting parents have been shown to dramatically reduce 
     child abuse and neglect and other factors that increase the 
     chances for kids to later engage in criminal behavior. For 
     example, the Prenatal and Early Infancy Project (PEIP) 
     randomly assigned half of a group of at-risk mothers to 
     receive visits by specially trained nurses who provide 
     coaching in parenting skills and other advice and support. 
     Rigorous studies show the program not only reduced child 
     abuse by 80% in the first two years, but that fifteen years 
     after the services ended, these mothers had only one-third as 
     many arrests, and their children were only half as likely to 
     be delinquent.
       The amendment would also help parents who struggle in the 
     volatile teen years by offering advice, family counseling, 
     and other services. Research demonstrates that parental 
     involvement is critical in the teen years for the healthy 
     development of kids, and to help troubled kids get back on 
     track. For example, the Multi-Systemic Therapy program for 
     teens already involved in serious crime works closely with 
     the teens' parents and in replications around the country it 
     has been shown to cut long-term rates of re-arrest by up to 
     70%.
       The Stevens-Kennedy amendment provides much needed 
     resources to treat victims of abuse and neglect, sexual 
     abuse, violence, and other traumas. Research shows that when 
     children are directly abused, or even when they witness 
     violence in their lives, their developing brain's anatomy and 
     chemistry is altered--a sound, or some other stimulus can 
     ``flip the switch'' and their heart races as their mind 
     becomes concentrated on flight . . . or fight. As opposed to 
     the myth that children are infinitely resilient, Bruce Perry 
     of Baylor College of Medicine says, ``If anything we now know 
     that children are more vulnerable to trauma than adults.'' 
     Perry estimates that over 5 million children in the United 
     States witness or experience traumatizing violence every 
     year, including 1 million who are victims of abuse or 
     neglect.
       Programs that help parents raise responsible, healthy 
     adults save lives and money. For example, a RAND cost-benefit 
     estimate of the PEIP program concluded that the savings to 
     the government alone (excluding other benefits to society at 
     large) were four times the costs, and that figure did not 
     include many savings, such as expected lower welfare costs 
     for the children beyond age 15, nor the extra taxes they may 
     pay as adults. RAND found that government savings from the 
     program exceeded program costs by the time the kids were four 
     years old.
       If we can be of further help as you consider this 
     amendment, please don't hesitate to call us.
           Sincerely,
                                                Sanford A. Newman,
                                                        President.

  Mr. KENNEDY. Mr. President, I ask unanimous consent that a summary of 
the Parenting As Prevention Act be printed in the Record.
  There being no objection, the summary was ordered to be printed in 
the Record, as follows:

     Summary of the Stevens Amendment--Parenting as Prevention Act

       The Parenting as Prevention Act addresses youth violence 
     and juvenile delinquency by providing support and training to 
     parents and potential parents to improve their parenting 
     skill and focusing attention on brain stimulation to improve 
     early childhood development.
       A Rand study shows that for every dollar invested in 
     parenting and improving early childhood education through 
     brain stimulation, at least $4 are saved in later prison 
     costs, rehabilitation costs, special education expense, 
     welfare payments, etc. GAO puts the savings at above $7 for 
     every dollar invested.
       This state block grant program would be administered by the 
     Secretary of Health and Human Services and developed in 
     cooperation with the Attorney General who has responsibility 
     for juvenile justice prevention programs such as the Boys and 
     Girls Club, the Secretary of Education who provides some 
     support to early childhood learning, the Secretary of Housing 
     and Urban Development who would help distribute materials on 
     parenting through public housing programs, the Secretary of 
     Labor who offers parent training to welfare mothers as part 
     of the Welfare to Work program, the Secretary of Agriculture 
     who operates the WIC program and distributes information to 
     rural America through the Cooperative Extension Service, and 
     the Department of Defense who runs child care centers and 
     provides other services to children of military families.
       A National Parenting Support and Education Commission would 
     be established to identify the best practices for parenting 
     on issues ranging from discipline to character development to 
     brain development to gun safety (Eddie Eagle). It would 
     review existing parenting support and education programs and 
     report back to Congress and the Administration on which ones 
     are most effective.
       The Commission would publish materials for parents in 
     various formats on parenting practices and brain stimulation 
     or distribute already available materials. No new family 
     would come home from the hospital or adoption agency without 
     information on how to raise the baby. Referral information on 
     existing federal, state, and local programs would also be 
     collated on one sheet of paper for distribution which would 
     include eligibility criteria, phone numbers, and addresses.
       The Commission must wrap up its work within 18 months. Such 
     funds as are necessary are authorized for appropriation.
       A State and Local Parenting Support and Education Grant 
     Program is established which would provide a block grant to 
     states with a small state minimum: States with Indian 
     populations over 2% would provide 2% of the money to tribes.
       The State would establish a State Parenting Support and 
     Education Council to

[[Page 10176]]

     award grants at the local level which would include state 
     government, bipartisan representation from the state 
     legislation, and interested groups to be appointed by the 
     Governor. If a state had an existing group, it could use 
     that.
       The State Council could award grants for:
       (1) Parenting support programs for young children including 
     distribution of parenting materials on brain development and 
     best parenting practices; one on one visits to mothers of new 
     babies on brain development and best parenting practices 
     (cited as the best way to reduce child abuse, a leading cause 
     of juvenile delinquency and violent crime); and parent 
     training programs.
       (2) Parenting support for teenagers including providing 
     parenting materials in conjunction with existing programs 
     such as Boys and Girls Clubs, YMCA, after school programs, 
     and parent training classes, support groups, and mentors.
       (3) Parenting support and education resource centers 
     including a national 800 toll free number offer counseling, 
     parenting advice, and referral to existing programs; and 
     respite care for parents with children with special needs 
     (retarded, mentally ill, behavior disorders, FAS/FAE).
       A state which got a grant to provide a statewide program or 
     a local group would only have to report back every two years, 
     but would have to use specific performance measures, i.e. 
     things like improvement in IQ scores, school achievement 
     tests.
       No more than 5% of the money could be used for 
     administrative costs. The typical rate is 18-30 percent.
       A state would have to maintain its existing effort, i.e. it 
     can't cut its existing state program and replace it with a 
     federal grant.
       The program is authorized at such sums as are necessary.
       Finally, the bill creates a program to reverse bad brain 
     wiring caused by exposure to physical or sexual abuse or 
     family/community violence. Research shows early intervention 
     to be much more effective than later rehabilitation efforts 
     as an adult.
       Again, best practices for dealing with these problems would 
     be identified by regional centers of excellence on 
     psychological trauma and response.
       Indian tribes, Native Hawaiians and other non-profits would 
     be eligible for grants which would last for 3 years.
       This program is authorized at such sums as are necessary.
  Mr. HATCH. Mr. President, I ask unanimous consent the amendment be 
agreed to and the motion to reconsider be laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 363) was agreed to.
  The PRESIDING OFFICER. The Senator from Minnesota.
  The Senator will withhold. The Senate is not in order. The Senator 
from Minnesota.


                           Amendment No. 364

    (Purpose: To make an amendment with respect to disproportionate 
                         minority confinement)

  Mr. WELLSTONE. Mr. President, I send an amendment to the desk on 
behalf of myself, Senator Kennedy, Senator Feingold, and Senator 
Feinstein.
  The PRESIDING OFFICER. The clerk will report.
  The legislative assistant read as follows:

       The Senator from Minnesota [Mr. Wellstone], for himself, 
     Mr. Kennedy, Mr. Feingold, and Mrs. Feinstein, proposes an 
     amendment numbered 364.

  Mr. WELLSTONE. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 129, strike lines 6 through 14, and insert the 
     following:
       ``(24) address juvenile delinquency prevention efforts and 
     system improvement efforts designed to reduce, without 
     establishing or requiring numerical standards or quotas, the 
     disproportionate number of juvenile members of racial 
     minority groups who come into contact with the juvenile 
     justice system.''

  The PRESIDING OFFICER. The Senator from Minnesota is recognized.
  Mr. WELLSTONE. Mr. President, let me talk in a general way about 
this. This legislation deals with juvenile justice. This amendment 
focuses on the justice part. We speak to what is called 
disproportionate minority confinement. What that really means, in 
concrete terms, to use one example, is African American kids ages 10 to 
17 make up 15 percent of the population, but 26 percent of all juvenile 
arrests, 32 percent of delinquency referrals to juvenile court, 46 
percent of juveniles in public long-term institutions, and 52 percent 
of cases judicially waived to criminal court; that is, adult court.
  In the current legislation, what we have done is we turn the clock 
back a long ways. In the past, since the late 1980s, we have always 
tried to deal with this question of disproportionate minority 
confinement. What this legislation does is to essentially reverse this 
progress. I think, roughly speaking, about 33 percent of the 
population, ages 10 to 17, are minority youth. They represent about 66 
percent, or thereabouts, of kids who are now incarcerated. The question 
is, Why?
  There are lots of different reasons. Let me just list some that come 
from Department of Justice reports, some lessons that have been learned 
from some five different States. Some of the factors that can 
contribute to minority overrepresentation can be: racial ethnic bias, 
insufficient diversion options, system labeling, barriers to parental 
advocacy, poor juvenile justice/community integration, low-income jobs, 
few job opportunities, few community support services, inadequate 
health and welfare resources, inadequate early childhood education, 
inadequate education quality, lack of cultural education, single-parent 
homes, economic stress, limited time for supervision. The factors go 
on.
  But the key to an effective juvenile justice system is to treat every 
offender as an individual, to treat every offender fairly, and to 
provide the needed services to all. All youth who come into contact 
with the juvenile justice system should receive fair treatment. Surely 
every Senator agrees with that proposition.
  The disproportionate minority confinement requirement in the current 
law is bringing about change and focusing attention on the problem. The 
current law says we call upon States to try to come to terms with this 
question. We call upon States to collect the data. We call upon States 
to think about whether or not there are steps that can be taken, and to 
put into effect some of these programs and some of the steps that could 
be taken to deal with this problem, to bring about more fairness, to 
end some of the discrimination.
  As you look at this graph here, when you have 15 percent of young 
people ages 10 to 17, African American, but 46 percent of the juveniles 
in public, long-term institutions are African American kids, this ought 
to bother all of us. We ought to come to terms with this.
  William Raspberry wrote in the Washington Post last week:

       These numbers strongly imply not disproportionate 
     lawlessness, but dissimilar treatment throughout the juvenile 
     justice system.
       At the very least, they are the type of numbers that ought 
     to prompt criminal justice authorities across America to take 
     a closer look at what they are doing.

  That is what is so incredible about this legislation right now. It is 
as if starting in the late 1980s and then going to 1993 we recognized 
this problem, and in our juvenile justice legislation, up to this bill, 
we have said to States: You need to collect the data; you need to look 
at this problem; you need to try to address this problem.
  This piece of legislation essentially guts this effort, and the 
amendment that we have offered is essentially the same House language 
that is now in their juvenile justice bill. It addresses juvenile 
delinquency prevention efforts and system improvement efforts designed 
to reduce, without establishing or requiring numerical standards or 
quotas--that is very important--efforts designed to reduce, without 
establishing or requiring numerical standards or quotas, the 
disproportionate number of juvenile members of minority groups who come 
into contact with the juvenile justice system.
  There were close to 400 votes--I want my colleagues to listen to 
this--400 votes in the House of Representatives for this amendment that 
we now bring to the Senate floor.
  The current law talked about the need to address this problem, to 
reduce the proportion of juveniles detained or confined in secure 
detention facilities, jails and lockups, who are members of minority 
groups if such proportion exceeds the proportion such group represents 
in the general population.
  S. 254 guts the current law and talks about segments of the juvenile 
population. What does that mean? Boys?

[[Page 10177]]

Girls? It does not deal with the issue of race and the severe 
overrepresentation of young kids of color who are locked up. That is 
the issue.
  This amendment that I bring to the floor with Senator Kennedy, 
Senator Feingold, and Senator Feinstein essentially says that we call 
upon the States to address the juvenile delinquency prevention efforts 
and system improvement efforts designed to reduce, without establishing 
or requiring numerical standards or quotas, the disproportionate number 
of juvenile members of minority groups who come into contact with the 
juvenile justice system.
  This is an eminently reasonable amendment, but it goes to the heart 
of the debate about racial justice in our country. S. 254 undermines 
this DMC core requirement of the Juvenile Delinquency and Prevention 
Act which directs States to identify this disproportionate confinement, 
to assess the reasons it exits, and to develop strategies to address 
the disproportionate number of minority children in confinement.
  This legislation, S. 254, as now written, takes those efforts--some 
good efforts by our States, some 40 States involved with this--and 
basically heads these efforts for the scrap heap. This is a huge step 
backward.
  This amendment has nothing to do with quotas. It does not require or 
suggest the use of numerical quotas for arrests or release of any 
juvenile from custody based on race. No State's funding is based upon 
quotas or anything else. But this amendment does put the Senate on 
record supporting the disproportionate minority confinement core 
requirement which now is in existing law that addresses a very serious 
and a very real problem.
  It is well-documented that in every State--nearly every State--
including my State of Minnesota, minority youth are overrepresented at 
every stage of the juvenile justice system, particularly in secure 
confinement. For example, a study in California showed that minority 
youth consistently received more severe punishments and were more 
likely to receive jail time than white youth who committed the same 
offenses.
  Another study in Portland, OR, found minority youth being locked up 
at a rate several times higher than their arrest rates.
  We ought to be concerned when, roughly speaking, 7 out of every 10 
youths in secure confinement are minority juveniles in our country, a 
rate more than double their percentage of the youth population. Should 
we be concerned about that? Isn't this juvenile justice legislation? 
Let's look at the justice part.
  We have close to 7 out of 10 kids who are in confinement in our 
country today who are locked up, incarcerated--juveniles, who are kids 
of color, minority kids, double their percentage of the population. We 
have way too many examples of kids having committed the same offense as 
white kids but receiving stiffer sentences or winding up incarcerated, 
and it is not right. It is unconscionable. It is unacceptable.
  I do not think this whole problem of disproportionate minority 
confinement is the product of bigoted or racist authorities, though 
there is too much bigotry and there is too much racism. It is far more 
complex, and it results from all kinds of things, including the 
likelihood that minority youth are more likely to be poor, they are 
going to be unable to find work, uneducated, or, as William Raspberry 
suggests in his column, or they are politically unconnected, which 
means they will be less likely to have their children released to their 
custody by police officers and judges.
  From William Raspberry's piece:

       It may result in a tendency of white officials to basically 
     look at white kids as troubled youth and black offenders as 
     troublemakers, gangsters or predators.

  Forty States are doing good work. The Department of Justice issued a 
report several months ago which talked about some of the lessons 
learned from five States. I began to talk about some of those lessons 
earlier on and the kinds of efforts these States--Arizona, Iowa, North 
Carolina, Florida, and Oregon--are taking.
  I believe Senator Kennedy will come down and speak shortly on this 
amendment and then I will follow up his remarks. I am anxious to hear 
what my colleague from Utah has to say because he has been a Senator 
who has been extremely sensitive to these issues.
  This does not make any sense. We have language in our current 
legislation that deals with this problem of the disproportionate number 
of kids of color who are locked up so we can find out what is going on 
and how we can do better. States all across the Nation are collecting 
the data and trying to find out what is wrong and trying to do better.
  This current legislation before the Senate really turns the clock 
back. Why as a nation do we not want to come to terms with this 
question? Again, let me be clear about this, the current law talks 
about the need to reduce the proportion of juveniles who are detained 
or secured, confined in these secure detention facilities, the 
disproportionate number of minority groups, and then S. 254 comes along 
and talks about segments of the juvenile population.
  This basically undermines the efforts that are underway. We are not 
talking about segments of the population. We are talking about race 
and, as a matter of fact, it is very important that we continue to 
identify some of the problems we have to confront as a nation that deal 
with race. We are not talking about segments of the population; we are 
talking about the question of race.
  Our amendment--I want every Senator to focus his or her attention on 
this--takes the House language, which was passed by 400 votes, and we 
talk about the importance of addressing the juvenile delinquency 
prevention efforts and system improvement efforts designed to reduce, 
without establishing or requiring numerical standards or quotas, the 
disproportionate number of juvenile members of minority groups who come 
into contact with the juvenile justice system.
  The current law, before this piece of legislation, acknowledges race 
is an issue. Whether we want to talk about it or not, whether we want 
to recognize it or not, whether we are comfortable with it or not, this 
isn't an issue that arose overnight.
  In 1988, over a decade ago, the Coalition for Juvenile Justice 
released a report to Congress on race in the system called ``The 
Delicate Balance.'' They made the point, and this became part of the 
law that we had to do better as a nation, that we should be troubled by 
this, that we should be troubled that close to 70 percent of the kids 
who are locked up are kids of color, minority youth.
  We want to make sure there is no discrimination. We want to make sure 
kids are treated fairly. We want to make sure that all of our citizens 
have some confidence in this justice system. Well, this piece of 
legislation takes us a long ways back, a long ways back.
  For those who want to talk about the constitutionality of the DMC 
provision, it is just a scare tactic. It is just a figleaf. I read the 
language of the amendment which makes it crystal clear that we are not 
talking about numerical standards or quotas. I would like to read from 
a letter and ask unanimous consent that this be printed in the Record 
at the conclusion of my remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See Exhibit 1.)
  Mr. WELLSTONE. This is from 23 law professors endorsing the 
constitutionality of the disproportionate minority confinement 
amendment. I just read:

       There can be no serious constitutional objection to the DMC 
     requirement in existing law. First, it does not single out 
     members of racial minorities for any sort of distinctive 
     treatment, nor does it impose any burdens on anyone else. The 
     Supreme Court's decisions made it clear that constitutional 
     questions arise, not merely from the use of racial terms in a 
     law--for otherwise compiling census information about race 
     would be unconstitutional--but only if there is some burden 
     or benefit allocated on the basis of race. . . . The DMC 
     requirements do nothing that crosses this minimum threshold.

  This letter goes on and makes really a very strong case, signed by 23 
law professors in our country.

[[Page 10178]]

  I want to just make it real clear that the disproportionate minority 
confinement amendment that I bring to the floor with Senator Kennedy is 
about race. Can I say this one more time to colleagues? Because when 
you vote on this, please understand this amendment is about race. 
Please understand that this amendment has the support of probably every 
single civil rights organization in our country. Please understand that 
this amendment has the support of just about every single children's 
organization you can think of, starting with the Children's Defense 
Fund.
  Please understand that this amendment and your vote is all about 
race, because please understand that we are doing better, but to have a 
really better America we have to do even better when it comes to 
questions of race and discrimination.
  Please understand that many citizens in our country do not have 
complete confidence in the system. When the minority community sees 
that close to 70 percent of their kids are locked up, when their kids 
make up not even 35, 33 percent of the population, and when they see 
that kids of color wind up incarcerated, when white kids do not, having 
committed the same offense, or given longer sentences, and when they 
see all the ways in which there is discrimination--and we have not come 
to terms with what is really going on with so many kids in these 
communities--it makes members of minority communities in our country 
very suspicious of a piece of legislation which focuses on juvenile 
justice but takes out the language we had in our legislation dealing 
with kids that assures that States will collect the data and will look 
at this question and try and do better.
  I am telling you, this is a huge vote. This is all about race. It is 
about the disproportionate share of minority youth in our Nation's 
juvenile justice system. It is about helping States come up with plans 
to enhance prevention, to work with communities. It is not about 
releasing individuals from confinement because of their racial makeup 
or about instituting some kind of quota system. It is about fairness. 
It is about ending discrimination. It is about justice. It is about 
doing better as a nation. It is about doing better for all of our 
children, including children of color, and that is why this amendment 
has such intense, broad support. And it is why 400 Members in the House 
of Representatives voted for this amendment.
  Mr. DURBIN. Will the Senator yield?
  Mr. WELLSTONE. I will yield to the Senator or yield the floor, if you 
like.
  Mr. DURBIN. I ask the Senator from Minnesota to simply yield for a 
question.
  Let me say at the outset that I am honored to support this amendment. 
I am glad that Senator Wellstone, Senator Kennedy, and many others have 
joined in this effort.
  For those who question whether Senator Wellstone's testimony before 
the Senate is accurate, I share with them some statistical information 
which came as a shock to me. General McCaffrey, who is our Nation's 
drug czar, appeared before the Senate Judiciary Committee last year. I 
asked General McCaffrey if the statistics I had read were accurate.
  The statistics I had read were as follows: 12 percent of the American 
population is African American; 13 percent of those committing drug 
crimes are African American; 33 percent of those arrested are African 
American; 50 percent of those convicted are African American; and 67 
percent of those in prison for drug crimes are African American.
  This is clearly completely disproportionate. This segment of the 
population has been focused on and what Senator Wellstone is seeking to 
do with this amendment is to make certain that we do not close our eyes 
to the reality. The statue of justice can keep a blindfold over her 
eyes with the scales before her; we cannot put a blindfold over our 
eyes. We have to be open to the reality that if we are discriminating 
against any group of Americans, regardless of their background or 
color, ethnic origin or race or religion, we have to be sensitized to 
it.
  I do not know why this bill takes a step backwards. Thank goodness 
for the amendment offered by Senator Wellstone and others which puts us 
back on the right track to be honest and fair in the administration of 
justice in America.
  I proudly stand in support of your amendment. I thank the Senator for 
his leadership.
  Mr. WELLSTONE. I thank Senator Durbin. He would like to be added as 
an original cosponsor. I would be very proud for him to do that. I ask 
unanimous consent that Senator Durbin be added as an original 
cosponsor.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WELLSTONE. Thank you, Mr. President.
  I have visited some of these facilities and they are pretty 
troubling. When you visit--I think, again, of the visit to Tallulah, 
LA--there and there is just a sea of, in this particular case, African 
American faces, young kids--many of them, by the way, locked up for as 
long as 7 weeks in solitary confinement, 23 hours a day; that is part 
of what they do there--it is troubling.
  I think in the State of Louisiana--I do not know what the overall 
percentage of the population is, but I think about 80 to 85 percent of 
the kids that are confined there are African American. Here is what 
makes this so troubling.
  It would be easy--I want every Senator listening to this--to simply 
attribute this large discrepancy to the fact that young people of 
different racial groups commit different types of crimes.
  In 1992, though, there were significantly higher rates of admission 
of African American juveniles for every offense group. Please listen to 
that, because I do not want some colleague to come out on the floor and 
say: Well, there is a reason for this. These kids commit the crimes in 
exactly this percentage or this proportion.
  Crimes against persons: Black males and females were six times more 
likely to be admitted to State juvenile facilities than their white 
counterparts-- same crimes, six times more likely.
  Property crimes: Black males were almost four times more likely to be 
admitted to State juvenile facilities than white males, and black 
females were almost three times more likely to be committed than white 
females.
  Drug offenses: Black males were confined at a rate 30 times that of 
white males. In fact, among all offense categories, black youth were 
more likely to be detained than white youth during every year between 
1985 and 1994. Minority youth were also more likely to be removed from 
their families than white youth. Black youth are also much more likely 
to end up in prisons with adult offenders.
  In 1995, nearly 10,000 juvenile cases were transferred to adult 
criminal court by judicial waiver. Of those proceedings, cases 
involving black youth were 50 percent more likely to be waived than 
those cases involving white youth. Overall, again, black youth were 52 
percent of all the children and adolescents waived to adult court, and 
in most States minority juveniles were overrepresented on average in 
these adult jails at a rate more than 2\1/2\ times their proportion of 
the total youth population. These are damning statistics.
  When he was director of the Massachusetts Department of Services, 
Commissioner-Member Jerome Miller wrote of the cumulative effect of 
decisions made throughout the juvenile justice process:

       I learned very early on that when we got an African 
     American youth, virtually everything from arrest summaries to 
     family history to rap sheets to psychiatric exams to waiver 
     hearings, as to whether he would be tried as an adult to 
     final sentencing, was skewed. If a middle-class white youth 
     was sent to us as dangerous, he was much more likely to be 
     dangerous than the African American teenager with the same 
     label. Usually the white kid had been afforded competent 
     legal counsel, appropriate psychiatric and psychological 
     testing, been tried in a variety of privately funded options 
     and, all in all, had been dealt with more sensitively and 
     more individually at every level of the juvenile justice 
     process. For him to be labeled dangerous, he usually had done 
     something that was very serious indeed. By contrast,

[[Page 10179]]

     the African American teenager was dealt with as a stereotype 
     from the moment the handcuffs were first put on, to be easily 
     and quickly moved along to the more dangerous end of the 
     violent/nonviolent spectrum, albeit accompanied by an 
     official record meant to validate the biased series of 
     decisions.

  I say to my colleague, Mr. Durbin, I really appreciate his being 
here. Sometimes when we are in this Chamber, this is our reality. I 
want every Senator, including Republican Senators, to know, this is an 
amendment that deals with a very sensitive issue. This is an amendment 
that deals with race in America. This is an amendment that deals with 
all of the biases that go with that. This is an amendment that says we 
should not be passing a piece of legislation which essentially turns 
the clock backward, which takes the language that we had in our past 
juvenile justice legislation which calls on States to study this 
problem, calls on States to address the problem, and calls on States to 
do better, as many are doing right now, and essentially remove all that 
language. It is a charade.
  I will go on record right now--I cannot see any way that I can 
support this piece of legislation if this amendment does not pass. I 
cannot see any way as a Senator I can support this. I will put Senators 
on notice--I think a good many Senators, many Senators should not be 
able to support this piece of legislation if this amendment, which is 
the same language passed by 400 Members of the House of 
Representatives--that has to include some Republicans; am I correct?
  Mr. DURBIN. Yes.
  Mr. WELLSTONE. Does not pass in the Senate.
  What in the world is going on on the floor of the Senate that we are 
unwilling to pass an amendment that just calls upon States to continue 
to try to come to terms with this really huge, stark problem in 
America? Why in the world am I even out here having to debate this?
  I am going to reserve the remainder of my time.
  Mr. DURBIN. Will the Senator yield?
  Mr. WELLSTONE. How much time do I have on our side?
  The PRESIDING OFFICER (Mr. Grams). The Senator from Minnesota has 31 
minutes 35 seconds.
  Mr. WELLSTONE. I am pleased to yield to the Senator from Illinois.
  Mr. DURBIN. Let me say to the Senator from Minnesota, again, in 
support of this amendment--and I am happy to be a cosponsor of it--the 
important aspect in the administration of justice that is often 
overlooked is respect for the law. We teach our children to respect the 
law. We try to make certain that they teach their children. It is that 
legacy which allows the administration of justice to succeed.
  When people lose respect for the law, it doesn't take too many of 
them to turn on a system and break it down. This amendment being 
offered by Senator Wellstone is an effort to make certain that we have 
respect for the law here, respect for the equal administration of 
justice.
  We cannot be impervious or blind to the obvious. The obvious is 
demonstrated by the statistics I have mentioned on the floor and those 
read by Senator Wellstone. I cannot believe in 1999, at this stage in 
the history of this great Nation, we are prepared in this piece of 
legislation to take a step back in time when it comes to progress 
toward racial harmony in America. If we are so foolish to do that, we 
risk respect for the administration of justice and respect for the law.
  People who observe this system can't ignore the fact that 
disproportionate numbers of minorities are being incarcerated and 
treated unfairly. I stand, as I am sure the Senator from Minnesota 
does, in saying that I want those who break the law to answer for it. I 
want to live in a safe neighborhood. I want to live in a safe town. If 
the perpetrator of a crime is black, white, or brown, male or female, 
it is irrelevant. They should be treated under our system of justice 
fairly and the same.
  But when we look at the end result of this system of justice and see 
this disproportionate confinement of minorities, are we to turn our 
backs on that? Are we to walk away from that? What do we do to this 
Nation and our system of laws if we do? We risk, I am afraid, a 
disintegration of a sense of community in America, a disintegration of 
respect for law. Then we all suffer, not just African Americans, but 
also Hispanic Americans, those of every color and hue and ethnic 
background.
  So I support this amendment, an amendment that passed overwhelmingly 
in the House of Representatives. I hope it will be enacted as part of 
this legislation. I say, as the Senator from Minnesota has said, every 
Senator should take this amendment very, very seriously.
  I yield back to the Senator.
  Mr. WELLSTONE. Mr. President, I don't want to take too much more of 
my time right now, because I really want this to be a debate. I will 
tell you, this amendment does not say you release kids. It has nothing 
to do with that. And, by the way, most of the kids in these facilities 
have committed nonviolent crime. That needs to be said as well. I have 
met kids breaking and entering, theft of mopeds; you name it, they are 
there.
  What is going on right now in the country has a dramatic impact not 
just on these kids and not just their parents, but it has a devastating 
impact on minority communities. Let us finally please understand that 
as well. The disproportionate minority confinement, the 
disproportionate number of kids who are locked up, has a devastating 
impact on minority communities, a devastating impact on family 
relationships, a growing sense of anger and isolation and alienation 
and--my colleague from Illinois is right--distrust of the institutions 
in our country.
  This is the final point, before I hear from my colleagues on the 
other side. All too often these ``corrections institutions''--this 
needs to be said--do not correct. They are a gateway to adult prison, 
because a lot of kids get out, and when they get out, they have it on 
record that they have served time. They do not get the adequate 
training. They do not get the adequate support. And as opposed to any 
real correction that takes place, you have a lot of kids who get out of 
these institutions who are really, in many ways, kids who have become 
much hardened and with much less chance of doing well.
  So there is also a connection to this problem, I argue, in the fact 
that, roughly speaking, in 1999 one-third of all African American men 
between the ages of 18 and 26, or 20 and 28, are either in prison or 
waiting to be sentenced, or have been paroled. Five times as many 
African American men of this young age are in prison as are in college, 
in higher education, in the State of California. We have to ask 
ourselves what is going on.
  Again, we were making progress up to this legislation. We were making 
progress. We did something that made sense to our States. We called 
upon our States to really look at this problem and try to address this 
problem.
  Mr. President, I reserve the remainder of my time.

                               Exhibit 1

                                                     May 17, 1999.
     Hon. Edward M. Kennedy,
     U.S. Senate,
     Washington, DC.

     Hon. Dianne Feinstein,
     U.S. Senate,
     Washington, DC.

     Hon. Paul D. Wellstone,
     U.S. Senate,
     Washington, DC.
       Dear Senators Kennedy, Feinstein, and Wellstone: As the 
     Senate is considering S. 254, the Violent and Repeat Juvenile 
     Offender Accountability and Rehabilitation Act of 1999, it 
     has come to our attention that the sponsors of S. 254 have 
     altered the language of the Disproportionate Minority 
     Confinement (DMC) mandate in current federal law by removing 
     any reference to the word minority, claiming that the law as 
     currently written is unconstitutional. We believe this 
     argument is without merit.
       There can be no serious constitutional objection to the DMC 
     requirement in existing law. First, it does not single out 
     members of racial minorities for any sort of distinctive 
     treatment, nor does it impose any burdens on anyone else. The 
     Supreme Court's decisions make it clear that constitutional 
     questions arise, not merely from the use of racial terms in a 
     law--for otherwise compiling census information about race 
     would be unconstitutional--but only if there is some burden 
     or benefit allocated on the basis of race. Cf.

[[Page 10180]]

     Anderson v. Martin, 375 U.S. 399 (1964). The DMC requirements 
     do nothing that crosses this minimum threshold.
       Second, the DMC mandate is designed to identify whether 
     unconstitutional racial discrimination is occurring in the 
     juvenile justice system. The Supreme Court has held that 
     practices that result in disproportionate burdens on racial 
     minorities are unconstitutional if they have been adopted 
     intentionally to have that effect. Washington v. Davis, 426 
     U.S. 229 (1976). The DMC requirements are directed at 
     precisely that concern: They ask the states to determine 
     whether DMC is occurring, and if it is, what its causes are. 
     It cannot possibly be unconstitutional for Congress to direct 
     that such an inquiry be undertaken. Cf. Hunter v. Underwood, 
     421 U.S. 222 (1985).
       We hope that this information is useful as you continue 
     your debate on this legislation.
           Sincerely,

       Mark Tushnet, Carmack Waterhouse Professor of 
     Constitutional Law, Georgetown University Law Center; Milner 
     Ball, Professor of Law, University of Georgia School of Law; 
     Taunya Lovell Banks, Professor of Law, University of Maryland 
     School of Law; Kelley H. Bartges, Associate Clinical 
     Professor of Law, University of Richmond Law School; Steve 
     Berenson, Assistant Professor of Law, Shepard Broad Law 
     Center, Nova Southeastern University; Surrel Brady, Associate 
     Professor of Law, University of Maryland School of Law; 
     Angela O. Burton, Professor of Law, Syracuse University 
     College of Law; Peter Byrne, Professor of Law, Georgetown 
     University Law Center; Sheryll D. Cashin, Associate Professor 
     of Law, Georgetown University Law Center; Sherman L. Cohn, 
     Professor of Law, Georgetown University Law Center; John M. 
     Copacino, Professor, Georgetown University Law Center; 
     Michael Dale, Professor of Law, Shepard Broad Law Center, 
     Nova Southeastern University; Steven Drizin, Northwestern 
     University School of Law; John S. Elson, Professor of Law, 
     Northwestern University School of Law; Dan Filler, Professor 
     of Law, University of Alabama School of Law; Pamela Stanbeck 
     Glean, Clinical Professor of Law, North Carolina Central 
     University School of Law; Gerard F. Glynn, Visiting Professor 
     of Law, Barry University School of Law; Martin Guggenheim, 
     Professor of Law, New York University School of Law; Randy 
     Hertz, Professor of Law, New York University School of Law; 
     Paul Holland, Visiting Associate Professor, Georgetown 
     University Law Center; Daniel Kanstroom, Associate Clinical 
     Professor of Law, Boston College Law School; Madeleine Kurtz, 
     Acting Professor of Clinical Law, New York University School 
     of Law; Lundy Langston, Professor of Law, Shepard Broad Law 
     Center, Nova Southeastern University; Stephen Loffredo, 
     Associate Professor of Law, City University of New York 
     School of Law; Kimberly E. O'Leary, Associate Professor of 
     Law and Director of Clinical Programs, University of Dayton 
     School of Law; Mari Matsuda, Professor, Georgetown University 
     Law Center; Denise Meyer, Professor of Law, University of 
     Southern California Law School; Alan D. Minuskin, Associate 
     Clinical Professor of Law, Boston College Law School; Wallace 
     J. Mlyniec, Lupo-Ricci Professor of Clinical Legal Studies, 
     Georgetown University Law Center; Paul O'Neil, Professor of 
     Law, Pace University School of Law; Bill Patton, Whittier 
     School of Law; Patricia Roth, Georgetown University Law 
     Center; Phillip G. Schrag, Professor, Georgetown University 
     Law Center; Abbe Smith, Associate Professor, Georgetown 
     University Law Center; Kim Taylor-Thompson, Professor of 
     Clinical Law, New York University School of Law; Wendy W. 
     Williams, Professor of Law, Georgetown University Law Center; 
     Stephen Wizner, William O. Douglas Clinical Professor of Law, 
     Yale Law School.

  The PRESIDING OFFICER. Who yields time?
  Mr. HATCH addressed the Chair.
  The PRESIDING OFFICER. The Senator from Utah.
  Mr. HATCH. As usual, I have to commend the Senator from Minnesota for 
his heart and for his desire to try to resolve problems that are 
difficult in our society. I have to say that I am concerned about the 
disproportionate confinement of minority youth, especially young 
African Americans and Hispanics, in our society--especially African 
Americans because it is disproportionate. If you really stop and think 
about it, the issue is who is committing the crimes.
  I also agree it would be wonderful if we had a perfect system of 
rehabilitation for these young people. The juvenile justice bill 
provides an additional $547 million in addition to the $4.4 billion we 
spend annually for helping young people to get rehabilitated or to help 
prevent crime to begin with. I think that is the right direction.
  This is probably the first bill in history that has 45 percent of the 
money in the bill for law enforcement and accountability purposes and 
55 percent of the money for prevention purposes. But, you know, you 
still can't ignore the fact that these kids are committing crimes. Just 
because you would like the statistics to be relatively proportionate, 
if that isn't the case, because more young people commit crimes from 
one minority classification than another, it doesn't solve the problem 
by saying states should find a way of letting these kids out.
  Now, if there is another problem, if there is literally a civil 
rights violation or a discrimination against minority youth, then that 
is a problem I think would need fixing. But I don't think that is a 
case that has been made so far.
  The Democrats' amendment requires States to address efforts to reduce 
the proportion of juveniles who have contact with the juvenile justice 
system who are members of minority groups, if such proportion exceeds 
the proportion such groups represent in the general population. It 
fails to take into consideration who is committing these crimes. If a 
higher proportion of young African Americans are committing the crimes, 
do we just ignore that because we don't like the fact that it is 
disproportionate compared to Hispanic Americans or Anglo Americans? I 
don't see how you get around the fact that the ones who are committing 
the crimes are the ones who are arrested or incarcerated.
  This amendment is not only ill-advised as a matter of policy and 
principle, but it is also unconstitutional. The amendment makes an 
overt racial classification. Juveniles must be classified according to 
race in order for this amendment to be followed.
  This amendment is unconstitutional. As the Supreme Court announced in 
the 1979 decision of Personnel Administrator of Massachusetts v. 
Feeney:

       A racial classification, regardless of its purported 
     motivation, is presumptively invalid and can be upheld only 
     upon an extraordinary justification.

  Now, such a classification could be upheld if there is an 
extraordinary justification, but that is not evident here. I just hear 
that there are more young African American kids who go to jail than 
white kids; therefore, there must be something wrong with the system.
  I don't agree with that. If there are more young African American 
kids committing crimes, and especially vicious crimes and violent 
crimes, you don't help the problem by saying they should not be 
punished and they should not be incarcerated somehow or other be sent 
to--unless there is a justification for that.
  Now, according to Personnel Administrator of Massachusetts v. Feeney, 
a 1979 decision:

       A racial classification, regardless of its purported 
     motivation, is presumptively invalid and can be upheld only 
     upon an extraordinary justification.

  That is the law, and I think it is a correct law.
  More recently, in Adarand Constructors, Inc. v. Pena, the Supreme 
Court held that the Constitution requires the strictest judicial 
scrutiny ``of all race-based action'' by Government. What does that 
mean? It means that this amendment is subject to strict scrutiny and 
can be constitutional only if it is, under Adarand, ``narrowly tailored 
to achieve a compelling governmental interest.''
  This amendment does not pass strict scrutiny. The only ``compelling 
interest'' the Supreme Court has recognized in this context is the 
remediation of past discrimination. Moreover, the Court requires a 
particularized showing of past discrimination. I don't think anybody 
would disagree with that.
  Here there is no such proof of discrimination, and the current law, 
which this amendment replicates--and, I might add, expands--is not 
narrowly tailored to remedy past discrimination. In fact, the Justice 
Department regulations under current law require States to intervene 
regardless of the cause of disproportionate confinement. Instead of 
remedying past discrimination, much of the current law is aimed at 
prevention programs. This amendment, and the current law it replicates, 
cannot pass strict scrutiny.
  I wish I could support this amendment, but its constitutional flaws 
prevent that. And, frankly, I believe that this amendment is bad social 
policy,

[[Page 10181]]

because basically this amendment just says that these young people who 
have been engaged in criminal activity, somehow or other, should be 
proportionately given a break because there are more--in this case--
young African Americans than young whites who are convicted. Now, that 
is unconstitutional in the light of Adarand and the Feeney case, and, 
frankly, under any principle of race neutrality in the justice system.
  The proponents of this amendment are motivated, in my opinion, by the 
best of intentions. I share their concern. That is one reason I want 
this juvenile justice bill to pass, so we can get serious about violent 
juvenile crime and so we can use the tools of this bill to help to 
prevent that in the future. And we have significant prevention moneys 
in this bill to help get these kids away from ever committing crime 
again.
  Like I say, the proponents are sincere. They want to help minority 
children avoid detention. However, I believe the best way to prevent 
the detention of juveniles is to prevent juveniles--of all races--from 
committing crime. I am proud that S. 254 provides $547.5 million in new 
funds for prevention programs. I have had to fight to get that. That is 
on top of and in addition to the $4.4 billion that we already have on 
the books every year for prevention programs.
  It is unhealthy for the Government to focus only on reducing the 
detention of minority juveniles. We should focus on preventing crime 
committed by juveniles of all races and recognize that detention of 
juvenile offenders is sometimes necessary. As this current debate 
illustrates, it is inherently divisive when the Government makes racial 
classifications.
  Look, if there is discrimination against minority kids, then you can 
count on me. I will fight alongside of my Democrat colleagues to end 
that discrimination. But to just say it is disproportionate without 
consideration to what crimes were committed, it seems to me, is not 
only unconstitutional, it is wrong.
  S. 254 has a better provision. It requires that prevention resources 
be directed to ``segments of the juvenile population'' that are 
disproportionately detained. Such ``segments of the population'' could 
include, for example, certain socioeconomic groups that are more likely 
to be at risk. S. 254 directs prevention resources to such groups who 
need these resources the most.
  Finally, not only is this amendment unconstitutional, it sets a 
terrible precedent. The premise of this amendment--requiring States to 
provide racial groups special attention if members of those groups are 
disproportionately likely to be detained--could be used to justify 
racial profiles. In my opinion, racial profiling is also 
unconstitutional, and I believe a significant number of constitutional 
authorities would agree with my analysis on that.
  The Government simply cannot use race as a classification or a factor 
in the criminal justice system, because our system of justice should be 
color blind. If it is not, then I will work to correct that. But I 
don't have any evidence that it is not at this particular point, other 
than the visceral feeling of some that because more young African 
Americans than whites are convicted and sentenced to detention, there 
must be something wrong with the system.
  Mr. President, I strongly urge the Senate to oppose this amendment.
  I also understand that in our society a lot of young African American 
kids, a lot of young Hispanic kids, a lot of young Native Americans--
and you can just go down almost every minority; there are literally 
dozens of minorities in this country--a lot of them don't have the best 
chance in this life. They are born in poverty. They are born into 
situations where there is no father, or they have a father who takes 
off on them, or they have a father who won't accept responsibility. 
They start off with a couple of strikes against them. I acknowledge 
that. We have to do something about that. But that doesn't mean we have 
to start racial profiling or that we have to start racial 
classifications to get there, unless we can show that there is 
prejudice, unless we can show that there is a reason to have this 
amendment.
  If I might add a final note. I have bent over backwards to craft 
language which addresses the concerns raised by my colleagues. I think 
my language is constitutional and it has bipartisan support. Senator 
Biden supports the underlying amendment, and with good reason, because 
it is constitutional.
  Having said all of that, again I will reiterate that I respect my 
colleagues. I respect their desire to right wrongs in our society. They 
know that I work on that too. I respect their desire to make sure that 
everybody is treated equally and in a decent manner. I respect their 
approach to try to end discrimination in our society. I join with them 
in those matters. But this particular amendment, it seems to me, is 
unconstitutional, and I certainly hope our colleagues will vote against 
it when I move to table it.
  The PRESIDING OFFICER. The Senator from Massachusetts.
  Mr. KENNEDY. Mr. President, I yield myself 12 minutes.
  Mr. President, I want to first of all, thank my friend and colleague, 
Senator Wellstone, for offering this amendment and say that I welcome 
the opportunity to join with him and urge the Senate to accept this 
amendment, and to say that I think it is very basic and fundamental to 
the underlying purpose of the legislation, which is to try to deal with 
the challenge of juvenile violence in our country today.
  Mr. President, the fact is that we should not have to be taking the 
time of the Senate on this amendment, because I am sure, as Senator 
Wellstone has pointed out, that this language which we are attempting 
to place into the juvenile justice bill is effectively the language 
that has been there since 1992. It was placed there as a result of 
extensive hearings that were held by Congress and the Senate--during 
that period of time--that showed the disparity of treatment between 
blacks and whites in the juvenile justice system. There is a range of 
different aspects of this particular provision.
  I say at the outset that we will include in the Record a very 
comprehensive review on the constitutionality of this issue. It is 
interesting to hear that argument raised at this particular time, 
because the language has been in effect since 1992 and not challenged 
on a constitutional basis. It has just been mentioned during the course 
of this evening.
  But, Mr. President, we should not look at this particular undertaking 
really in the abstraction of just juvenile justice. What we have to 
understand is that we as a country inscribed slavery in the 
Constitution of the United States, and we have been trying to free 
ourselves from that admonition for some 200 years. We fought a civil 
war over it.
  Over the very recent times, with the leadership of Dr. King and many 
others in the late 1950s and 1960s, we began to make some very 
important progress in knocking down the walls of discrimination. But 
still those elements of bigotry exist. Why else would we have the 
greatest number of hate crimes against blacks in our society? That 
happens to be a fact. We don't like it. We don't want it. We all 
deplore it. We are going to try to address that with hate crimes 
legislation. It is not going to solve all of the problems, but we are 
going to at least try to recognize that this is an issue.
  Why is it that even after all the legislation we have passed to try 
to have fair and equitable employment on the basis of an individual's 
value and what they can do in terms of their skills in doing a job, why 
is it that we still find those barriers out there to knock out blacks 
and Hispanics and individuals whose skin is not white? That happens to 
be the case. We don't have to make that case tonight on the floor of 
the Senate.
  Why, in 1988, did we have to revisit the Housing Act that we passed 
in 1968? Because of the continuation of racism in housing.
  To listen to the Senator from Utah, you would think, maybe we do have 
problems there, but we don't have any problems in juvenile justice. 
Where are the studies? What studies have they looked at? That is just 
absolutely preposterous. That is absolutely preposterous. It exists in 
each of these areas

[[Page 10182]]

I have mentioned. It exists in the criminal justice system. It exists 
between individuals who are white and black, out there tonight on the 
interstate highways, where you have racial profiling and where the 
number of people who are pulled over because their skin is black is 
sometimes four, five, six, seven times what it is if someone else's 
skin is white--and done over a long period of time. They can't 
demonstrate any higher percentage of incidents of violations of the 
law, not in terms of the growth percentage, but just in the incidental 
percentages. You can make that case. That is happening everywhere.
  We had provisions in the juvenile justice that say to communities 
that we hope you will be encouraged to try to see in the areas of 
juvenile justice what we might be able to do--to try to see if we can't 
stem some of this problem among the young people in our society.
  Why should we always have to wait until this problem exists? Why 
can't we try to see what can be done in the early days of young people 
to see what progress might be made?
  This has not been used as a way or device to terminate funding for 
any of the States. You can't say that. You can't demonstrate that. If 
we had a fair time to talk about this and to debate it, you would find 
that States are making important progress in many different areas to 
try to deal with fundamental and underlying causes in their various 
communities. That is what we want to encourage--quiet, competent, 
effective work that is being done that can have an impact in terms of 
trying to make our juvenile justice system fair and equitable for all 
of the young people in our society.
  Mr. President, this issue is of such importance, to be brought back 
in the time of the evening with the limitations I think really does a 
disservice to the importance of it. But we are where we are.
  Let me mention the particular quote from the director of our 
Massachusetts Department of Youth Services, Mr. Miller, a very 
thoughtful, distinguished leader in terms of understanding the problems 
of juvenile justice. This is what Mr. Jerome Miller wrote about the 
cumulative effect of decisions made throughout the juvenile justice 
process:

       I learned very early on that when we got an African 
     American youth, virtually everything, from arrest summaries 
     to family history to rap sheets to psychiatric exams to 
     waiver hearings as to whether he would be tried as an adult, 
     the final sentence was skewed. The middle-class white youth 
     sent to us was more likely to be dangerous than the African 
     American teenager with the same label. Usually the white kid 
     had been afforded competent legal counsel, appropriate 
     psychiatric and psychological testing, been tried in a 
     variety of privately funded options, and all in all had been 
     dealt with more sensitively and individually at every level 
     of the juvenile justice process. For him to be labeled 
     dangerous, he usually had to have done something very 
     serious, indeed. By contrast, the African American teenager 
     was dealt with by stereotype from the moment the handcuffs 
     were first put on, to be easily and quickly moved along to 
     the most dangerous end of the violent/nonviolent spectrum, 
     albeit accompanied by an official record meant to validate 
     the series of decisions.

  It goes on and on.
  That is the state of the juvenile justice system in too many 
constituencies across this country. All this language does is remind us 
when we are talking about using the word ``justice,'' we are talking 
about equal justice, equal justice for blacks and browns in our system, 
equal justice for young people, equal justice for all.
  Fundamentally, when we understand the problems we have in our 
society, to represent here on the floor of the Senate that somehow the 
juvenile justice system is an exception to all the kinds of challenges 
that we have in this Nation, fails, I think, the basic reason and 
rationality about what is going on in this country. It is not the 
accepted.
  That is the effect of this, to try and not prescribe quotas, not get 
into the numbers game. That has never been part of the accusation on 
this provision, but just to hope that communities and States will, 
hopefully, develop a process and system that will be somehow more 
sensitive to the challenges we are facing as a country, as a community 
and in our States in juvenile justice.
  This amendment cannot solve the problem and it won't even probably 
solve the majority of the problem, but perhaps because of it, there 
will be communities and there will be States that will have a truer 
system of justice for all the young people of this country. That is 
really what we ought to be undertaking and what we should be about.
  The statistics on the treatment of minorities in the criminal justice 
system require an immediate response--especially the treatment of 
juveniles. I strongly support this amendment and I commend Senator 
Wellstone for his leadership. It deals with one of the most serious 
problems in current law--the disproportionate confinement of minority 
youths in state juvenile justice systems. In fact, the underlying bill 
will only make the problem worse, because it eliminates all references 
to ``minority'' or ``race'' and instead refers only to ``segments of 
the juvenile population.''
  In 1988, after extensive testimony concerning the significant over 
representation of minority youth in state juvenile justice systems, 
Congress amended the Juvenile Justice and Delinquency Prevention Act to 
require states to address this issue. In the 1992 amendments to the 
Act, disproportionate confinement became a core requirement, by linking 
future funding to a State's compliance with addressing this basic 
issue.
  Under current law, states are required to do three things: (1) 
identify the extent to which disproportionate minority confinement 
exists in their states; (2) assess the reason that it exists; and (3) 
develop intervention strategies to address the causes. The law does not 
require and has never resulted in the release of juveniles. It does not 
require numerical quotas for arrest or release of any youth from 
custody based on race. In fact, no state's funding has ever been 
reduced as a result of non-compliance with this provision.
  This issue has festered in the juvenile justice system for years. To 
pretend otherwise is to ignore the facts. Over the past 10 years, 
documented evidence shows that disproportionately occurs at all stages 
of the system:
  African-American youth age 10-17 constitute only 15% of the U.S. 
population. But they account for 26% of juvenile arrests, 32% of the 
delinquency referrals to juvenile court, 41% of juveniles detained in 
delinquency cases, 46% of juveniles in secure corrections facilities, 
and 52% of juveniles transferred to adult criminal court after judicial 
hearings.
  As these statistics indicate, the over representation of minority 
youth increases as juveniles become more and more involved in the 
criminal justice system. The result is that African-American youths are 
twice as likely to be arrested and seven times as likely to be placed 
in a detention facility as white youths.
  Black males are 6 times more likely to be admitted to state juvenile 
facilities for crimes against persons than white youths--4 times more 
likely for property crimes--and 30 times more likely for drug offenses.
  Black youths are also much more likely to end up in prison with adult 
offenders. In 1995, nearly 10,000 juvenile cases were transferred to 
adult criminal court, and black youths were 50% more likely to be 
transferred than white youths.
  A study of the juvenile justice system in California found that 
minority youth consistently receive more severe punishment than white 
youth, and are more likely to be incarcerated in state institutions 
than white youth for the same offenses.
  A 1998 University of Washington study confirms the justice within the 
juvenile system Narrative reports prepared by probation officers prior 
to sentencing portrayed black juveniles differently from white 
juveniles.
  Black youth offenders were perceived as having character defects--
condoning criminal behavior.
  White youth offenders were perceived as victims of bad circumstances.
  For example, two 17-year-old boys, one black and one white, are 
charged with first degree robbery. Neither had

[[Page 10183]]

a criminal history; both used firearms and were accompanied by two 
friends. Listen to the probation officers' evaluation of the two boys--
keeping in mind that 99% of the time, judges follow the recommendation 
of probation officers:
  For the African-American youth, the probation officer wrote:

       This appears to be a pre-meditated and willful act by Ed. . 
     . . . There is an adult quality to this referral. In talking 
     with Ed, what was evident was the relaxed and open way he 
     discusses his lifestyle. There didn't seem to be any desire 
     to change. There was no expression of remorse from the young 
     man. There was no moral content to his comment.

  For the white youth, the probation officer wrote:

       Lou is the victim of a broken home. He is trying to be his 
     own man, but . . . is seemingly easily misled and follows 
     other delinquents against his better judgment. Lou is a tall 
     emaciated little boy who is terrified by his present 
     predicament. It appears that he is in need of drug/alcohol 
     evaluation and treatment.

  In 1993, Allen Iverson--who is the NBA's leading scorer and so far 
has led his team to the second round of the playoffs--was a senior in 
high school in Virginia. At the time, he was the top rated high school 
point guard and quarterback in the nation. One night, he and a group of 
other friends, all of whom were black, went to a local bowling alley 
and a racially-motivated fight broke out after a white kid directed a 
racial epithet toward Iverson. Although punches and chairs were thrown 
by both blacks and whites during the fight, no white kids were arrested 
or charged with a crime. Iverson, however, was convicted of ``maiming 
by mob'' and was sentenced to 15 years in prison with 10 years 
suspended. He was denied bail pending the appeal, even though felons 
convicted of more heinous crimes were routinely granted bail.
  It was not until then-Governor Wilder granted Iverson partial 
clemency, that he was released from jail. He then went on to play 
basketball for John Thompson at Georgetown. He then left for the NBA 
where he became the first-round draft pick of the Philadelphia 76'ers. 
The only reason why Allen Iverson's case has a happy ending is because 
he is a star athlete. Otherwise, he would still be in jail like the 
thousands of other young black men who find themselves behind bars in 
much larger numbers than their white peers.
  It is wrong to deny minority youth the right to fair treatment by the 
criminal justice system. Yet this legislation says to the African-
American community, the Hispanic community and other minorities that 
Congress will continue to look the other way while minority youths are 
confined at disproportionately high rates by the current system.
  What this bill says to minorities is that although we recognize that 
your children are more likely to be arrested than their white 
counterparts, we don't care, that although your children are being 
referred to juvenile court and adult court, at significantly higher 
rates than white youths, we're turning our backs on you.
  It is essential for this legislation to retain fair requirements to 
deal effectively with this crisis. Current law does not require the 
release of juveniles. It does not require incarceration quotas. It does 
not require any other specific change of policy or practice. It does 
not take prevention money away from white youths and give it to 
minorities.
  Disproportionate minority confinement is a serious problem requiring 
an ongoing and continuous effort to achieve a juvenile justice system 
which treats every youth fairly, regardless of race or background.
  Examples of what the states are doing to address this challenge are 
numerous. In Pennsylvania, the State Commission on Crime and 
Delinquency provided funds to initiate prevention and intervention 
programs, including:
  A drop-out prevention program; a program to help young minority 
females learn work and life skills; a program to decrease the 
delinquency rate and increase the level of school retention and success 
among targeted youth through life skills workshops, tutoring and 
homework assistance, physical fitness and sports, community service 
projects, and monthly parent group meetings.
  By contrast, the underlying legislation encourages states to 
prosecute even more juveniles as adults. It allows records of juvenile 
arrests--not necessarily convictions--to be made available to schools, 
colleges and vocational schools. It requires school districts to 
mandate policies to mandate expulsion from school for regular 
possession of drugs, alcohol, or even tobacco.
  The consequences of disproportionate minority confinement are harsh 
and unacceptable:
  The Sentencing Project reported that \1/3\ of all African-American 
males age 20-29 in the United States are under the jurisdiction of the 
criminal justice system--either in jail, in prison, on probation, or on 
parole.
  The juvenile justice system often acts as a feeder system for 
minority youth into the adult criminal justice system.
  In most states, the result of an adult felony conviction is the loss 
of voting rights. 1 in 7 of the 10 million black males of voting age 
are now either currently or permanently disenfranchised from voting-
diluting the political power of the African-American community.
  A significant impact of arrest or incarceration is often the 
reduction of future wage earning and employability. One study showed a 
25% reduction in the number of hours worked over the next 8 years.
  The truly tragic consequences of disproportionate minority 
confinement are removal of large numbers of potential wage earners, a 
disruption of family relationships and a growing sense of isolation and 
alienation from the larger society. These statistics only give us a 
small glimpse of the harsh consequences. They don't begin to tell the 
story of young black youth being targeted, harassed, intimidated, and 
treated differently because of their race.
  The United Methodist Church has said that ignoring discrimination in 
juvenile sentencing * * * is `careless, callous, and discriminatory 
enforcement of law.' ''
  Ed Blackmon, Jr., Mississippi State House of Representatives, has 
said the ``So many of these young people have great potential for 
overcoming their troubles, and becoming successful young men and women 
in their communities. However, with the absence of good legal 
representation, and families that are not `well-connected', they find 
themselves locked up, with very little hope.''
  Kweisi Mfume, President and CEO of the NAACP, has said, ``The fact 
that S. 254 eases the requirement that states address the 
disproprotionatly high numbers of children of color in juvenile 
detention facilities is, in itself, a crime.''
  Marian Wright Edelman, Founder of the Children's defense fun, has 
said ``With troubling reports of police brutality and racial profiling, 
Congress must continue to work with the states to ensure that the 
juvenile justice system affords our youth equitable and fair treatment, 
and not repeal the previous decade's worth of progress.''
  This past weekend, in her address to the National Conference on 
Public Trust and Confidence in the Justice System, Supreme Court 
Justice Sandra Day O'Connor emphasized the need for racial equality and 
better legal representation, and called for improvements in family and 
juvenile courts. She also cited a 1999 survey entitled ``How the Public 
Views the State Courts''. According to that survey, 70% of African-
American respondents said that African-Americans as a group, receive 
``Somewhat Worse'' or ``Far Worse'' treatment from the courts than 
whites. A substantial number of whites agreed with this assessment.
  As Justice O'Connor so aptly stated, ``Concrete action must be 
taken'' to erase racial bias.
  At the very least, we cannot offered to retreat from the requirements 
of current law that the states must recognize and address this 
festering problem. To do less is unacceptable. I urge the Senate to 
accept our amendment and do the right thing on this critical issue of 
racial justice.
  The PRESIDING OFFICER. The Senator from Alabama.

[[Page 10184]]


  Mr. SESSIONS. Mr. President, I yield 10 minutes to the Senator from 
New Mexico.
  The PRESIDING OFFICER. The Senator from New Mexico is recognized for 
10 minutes.
  Mr. DOMENICI. Mr. President, I will speak on our time in opposition 
to another subject for 10 minutes.
  I rise today to address the issue of media and teen violence. I am 
sure I cannot do better than Senators who have spent so much time this 
month on this issue. I congratulate Senators McCain, Hatch, Brownback, 
Bond, and Lieberman for their efforts.
  However, because last year I had a personal, although long-distance 
encounter, with one of the more notorious characters in the media 
world, I thought I might share that event. First, I will start with a 
few observations of a more general nature.
  First, just four short observations:
  One, clearly a large body of research proves that the media target 
violence to teenagers. The movie and television rating system is too 
often unenforced. I urge my colleagues to read Sissela Bok's book, 
``Mayhem,'' for a systematic look at the selling of carnage and rage to 
our youth by the media pushers.
  Second, this issue is not new. Indeed, back in 1993 Senate bill 943, 
the Children's Television Violence Protection Act, was introduced in 
this body. Before that, we had a wide-ranging debate about television 
and movie violence in the 1980s.
  So far, the entertainment industry, using the best public relations 
that money can buy, and by hiding their refusal to accept any 
restriction on their poison behind the first amendment of the 
Constitution, have been able to increase the violence and mayhem of 
their products without any accountability.
  In 1954, the Senate Judiciary Subcommittee, chaired by then Senator 
Estes Kefauver, asked whether violence in media was destructive. The 
media kings said more research was needed. In 1969, the National 
Commission on Violence concluded that years of exposure to violence 
will cause the vulnerable among us to engage in violence much more 
readily and more rapidly.
  I should add that CBS executives censored the script of CBS reporter, 
Daniel Schorr, when he tried to report this finding on television news.
  In 1972, a massive report by Surgeon General Jesse Steinfeld 
concluded that a definite and causal relationship existed between 
violence viewing and acts of aggression. Then, in 1981, data further 
supporting Surgeon General Steinfeld's report was issued. This report 
was published by the American Psychological Association, a group of 
Boston pediatricians. They summarized 30 years of research on the 
subject: Watching violence causes aggressive behavior. That is their 
conclusion. To use the technical finding, there is a causal link 
between exposure of children to violent images and subsequent violent 
behavior.
  As Senator Brownback pointed out earlier, there is more and more 
evidence every single year that violence on television, in music, in 
movies, damages our children and leads some of them to act out of some 
of their violence in their daily lives.
  Look at the trend lines. As violence has proliferated in the movies 
and on TV, juvenile violence has come right along with it and 
proliferated just as the violence in movies and on television.
  Recently, at an event at which he raised $2 million from Hollywood, 
even President Clinton said, ``As studies show, hundreds (of vulnerable 
children) are more liable to commit violence themselves as a result of 
watching violence on television or in the movies.''
  Both the American Medical Association and the American Association of 
Pediatrics have warned against exposing our children to violent 
entertainment. These doctors have to help rebuild the lives of children 
emotionally, sometimes physically maimed by elements of the 
entertainment industry.
  Number 4, finally it is clear to me that the relevant committees of 
the U.S. Congress must continue to focus on this subject because the 
Congress sometimes has a short attention span, and the mind polluters 
know this. We have not had a comprehensive, intensive series of 
investigations.
  But Congress should do this: We have subpoena power, which the 
relevant committees have, and should be used to compel those who hide 
to come forth and reveal the memos, the research, and the marketing 
tools they use to sell death and dismemberment to our children.
  Mr. President, I hope that Senators will investigate the selling of 
movies that have the PG-13 ratings to those that are 7, 8 and 9 years 
of age as happened with Jurrasic Park. As Senator Lieberman said 
recently, ``The evidence strongly suggests that Joe Camel has sadly not 
gone away, but has been adopted by the entertainment industry 
instead.''
  In addition, we hope that committees will work on innovative 
legislation along the lines suggested by Senator Bond that will simply 
do one thing, the one thing the industry cares about: Making it less 
profitable to make and sell death and hate. Only by doing that will we 
force change. We have tried moral suasion and it is not working, 
although it is by far the best solution.
  Let me conclude, Mr. President, with a personal interaction with one 
of the more outspoken opponents of change, Mr. Edgar Bronfman, chief 
executive officer of Seagrams Limited, which owns, among other things, 
Universal Studios and Universal Music Group, the world's largest record 
label.
  On October 5, 1998, I wrote a letter to him. In that letter, I 
endorsed the plea of the National Alliance for the Mentally Ill, that 
Universal Studios, owned by Mr. Bronfman, add a statement to the 
studio's remake of the film ``Psycho.''
  As most of my colleagues know, the subject of mental illness and 
efforts to help those afflicted, the work to remove the stigma of 
mental illness has been one of the issues I have worked on for much of 
my career.
  So when I made my appeal I suggested that the industry merely note 
that in the years since 1960, when Alfred Hitchcock first made his 
movie, we have seen major advances in the treatment of major mental 
illnesses. We asked the statement also note that millions of Americans 
affected by those brain disorders are leading fulfilled lives because 
of medical research. We wanted to end the stigma attached to people who 
are mentally ill, and thus ask for a special favor.
  I ask unanimous consent my letter of October 5 to Edgar Bronfman be 
printed in the Record, as well as the National Alliance for the 
Mentally Ill bulletin about the movie.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:
                                                  October 5, 1998.
     Mr. Edgar Bronfman,
     President and CEO, The Seagram Company Ltd., New York, NY.
       Dear Mr. Bronfman: As you may know, I have a strong 
     interest in improving the awareness and treatment of mental 
     illness. Improving perceptions and policies toward the 
     mentally ill has become an important goal for both my wife, 
     Nancy, and me.
       I am aware that your company, as the owner of Universal 
     Studios, is sponsoring the remake of the film, ``Psycho''. 
     The National Alliance for the Mentally Ill (NAMI), has 
     suggested that a message, such as the one below, should be 
     displayed at the beginning of the film. This message would be 
     an important preface to a film that depicts mentally ill 
     characters in extremely negative terms. I support this 
     initiative to recognize the availability of treatment and 
     improve awareness. Times have changed since 1960 and I 
     believe it is important to recognize that the mentally ill 
     have a right to medical attention without undue stigma from 
     society.
       The statement might read:
       ``Since 1960 when the original film Psycho was made, 
     knowledge of the major mental illnesses has grown enormously. 
     People who suffer from these brain disorders can be medically 
     treated and are no more violent than the general population 
     when they are under treatment.
       ``Please view this remake of Psycho keeping in mind that 
     millions of people are affected by these brain disorders. 
     They can now lead fulfilled lives and contribute to society 
     because of medical research and treatment that has occurred 
     over that past three decades.
       ``It is vitally important that we erase the stigma that 
     surrounds mental illness.''

[[Page 10185]]

       I appreciate your consideration of this matter and 
     appreciate a positive response.
           Sincerely,
                                                 Pete V. Domenici,
     U.S. Senator.
                                  ____


     Stand Against Universal Studio's Remake of the Film ``Psycho''

       Universal Studios is starting this week to remake the 1960 
     film ``Psycho,'' called a classic because of its master film 
     maker Alfred Hitchcock.
       However, NAMI members and friends know--and need to share 
     with the film makers of 1998--that the myths and 
     misconceptions of this film, and the title itself, simply 
     refuel the damaging and pervasive stigma that already 
     envelopes the lives of people with mental illness.
       NAMI is out to bust stigma wherever it exists. Each of us 
     must help by letting the owner of Universal Studios know that 
     stereotyping persons with mental illness in ``Psycho'' is as 
     unacceptable and offensive as stereotyping race, religion, 
     ethnicity or any other physical illness.
       Research shows that persons with mental illness do not 
     commit violent acts when they are under treatment and taking 
     their prescribed medications.
       Send your letters to: Mr. Edgar Bronfman, Jr., President & 
     CEO, The Seagram Company Ltd., 375 Park Avenue, New York, NY 
     10152.
       Flood Mr. Bronfman's office with your letters! Write yours 
     today and get your friends at home to do the same!!!
                                  ____


      Board Statement: Remaking of the Film ``Psycho'', July 1998

       Whereas, NAMI, the Nation's Voice on Mental Illness, works 
     to provide education, advocacy, and support for all those 
     affected by serious brain disorders, such as schizophrenia, 
     bipolar disorder (manic depression), major depression, 
     obsessive compulsive disorder, or panic disorder;
       And whereas, the 1990's, known as the ``Decade of the 
     Brain,'' has shown through advances in scientific research 
     and varied treatment options that mental illnesses are no-
     fault brain disorders that can be effectively diagnosed and 
     treated;
       And whereas, it has been documented that individuals with 
     brain disorders who are in treatment and responsibly managing 
     their illness are no more prone to violence than those in the 
     general population;
       And whereas, NAMI, ever working to combat the pervasive 
     stigma surrounding mental illness, finds images in the mass 
     media that negatively influence the public's perception of 
     serious mental illness, such as those portrayed in the 1960 
     Alfred Hitchcock film ``Psycho'', to be unfounded, hurtful, 
     and demeaning to NAMI's 185,000 members; be it
       Resolved, That, although NAMI recognizes Alfred Hitchcock 
     as one of the film industry's most respected, innovative, and 
     influential craftsmen, preeminent for his work in the 
     ``thriller'' genre and for often focusing on the 
     psychological motivations and underpinnings of his 
     characters;
       NAMI believes that Alfred Hitchcock's acknowledged classic 
     ``Psycho'' was based on outdated, stigmatizing notions of 
     family culpability and inherent violent tendencies in those 
     with mental illness;
       And therefore NAMI registers its strongest objection to a 
     remake of the film ``Psycho'' as planned by Universal Studios 
     wherein individuals with serious mental illnesses are 
     portrayed inaccurately and alluded to disparagingly.

  Mr. DOMENICI. About 3 weeks after I sent my letter, on October 29 I 
received a response, not from Mr. Bronfman, but from one of his 
lawyers. I ask unanimous consent this letter of October 29, 1998, be 
printed in the Record at this time.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:


                                                    Universal,

                             Universal City, CA, October 29, 1998.
     Hon. Pete Domenici,
     U.S. Senate, Washington, DC.
       Dear Senator Domenici: Edgar Bronfman, Jr. forwarded to me 
     your October 5, 1998 letter regarding the film ``Psycho.'' He 
     asked that we carefully consider the issues that you raised.
       As you know, ``Psycho'' is a remake of Alfred Hitchcock's 
     1960 film--a work that is widely regarded as a ``classic.'' 
     the cultural, historic and aesthetic significance of the film 
     was recognized by the Librarian of Congress when he selected 
     it for inclusion in the National Film Registry.
       The film that Universal Pictures will be releasing later 
     this year is as true to the original as any ``remake'' in the 
     history of our industry. While it is updated for today's 
     audience in that it is filmed in color and uses modern 
     special effects, it follows the original dialogue and images 
     almost scene-by-scene.
       Universal's Motion Picture Group has given the issues that 
     you raised a good deal of thought. We believe it is 
     significant that the film does not trivialize the issues that 
     you raised or in any way ridicule or belittle those who 
     suffer from mental illnesses. Importantly, the marketing 
     campaign for the film tracks the storyline and does not 
     attempt to undermine the important progress that society has 
     made toward better understanding mental illness.
       The art of storytelling, by its very nature, can involve 
     subject matter that some may find disturbing or 
     uncomfortable. We believe that preambles such as the one you 
     suggest cannot, as a practical matter, be used to address the 
     concerns that may present themselves to some members of the 
     audience.
       My colleagues and I at the studio would be glad to meet 
     with representatives from the mental health community. We 
     believe that such a meeting would help us better understand 
     the issues that you raise and heighten our awareness of the 
     progress that has occurred in the field. Because we might 
     find ourselves working on films that address mental health 
     issues in the future, we would welcome the opportunity to 
     enhance our sensitivity to and understanding of the subject 
     matter. We have found similar meetings with other outside 
     groups to be worthwhile and productive in the past.
           Respectfully yours,
                                                    Karen Randall,
                          Senior Vice President & General Counsel.

  Mr. DOMENICI. To put it in polite terms, the lawyer suggested that 
maybe those of us concerned about mental illness could meet with 
Universal Studio lawyers to talk things through, sort of a therapy 
session for those too sensitive to the world. But the lawyer was clear, 
Universal Studios was not going to add any language that the Alliance 
for the Mentally Ill had asked of them and suggested. After all, the 
movie is a classic, they said, and critics have said so. In short, the 
message was, you are being a little sensitive, but do not disturb the 
creative genius that is at work here.
  Then I read in recent weeks more accounts of the distinguished Edgar 
Bronfman. It seems he was one of the entertainment kings who refused to 
attend the White House Conference on Teen Violence and the Media. He 
also refused to participate in hearings into teen violence and 
marketing of violence to teens that Senator Brownback held on May 4 of 
this year. But this time the gentleman found time to pontificate about 
those who tried to show leadership and the relationship between the 
music and television shows and movies he produces and the violence 
affecting our teenagers. He said:

       It is unfortunate that the American people get finger 
     pointing and chest pounding from government officials.

  And having delivered himself of such nonsense, Mr. Bronfman departed 
to Florida to dedicate a theme park.
  I decided to learn more about him. It turns out he inherited a 
business from his family--nothing wrong with that. He decided to branch 
into the media. He now heads Universal Studios, which recently gave us 
the classic, ``The Mummy.'' He should be proud. It turns out that one 
of his musicians is Marilyn Manson, winner of the MTV award for the new 
best artist of the year. Manson is the author of such classics as 
``Irresponsible Hate Anthem,'' which contains the line, ``Let's just 
kill everyone and let your God sort them out.'' And then using the 
``f'' word.
  This was just one song on the Bronfman-produced album, ``Anti-Christ 
Superstar.'' I think he should be proud of what he produces.
  I say that obviously not meaning it.
  Even when thoughtful members of the entertainment industry, like Rob 
Reiner and Joel Schumacher call for real, honest review of the guts, 
gore, and godlessness Hollywood turns out, the distinguished Bronfman 
disagrees. He says that attacking Hollywood for its culture of 
degradation is opportunism. He seems to have a very similar view to 
that expressed by another Hollywood executive who said the first 
amendment ``keeps the Government out of our industry and lets us be 
what we want.''
  This is more than facile cynicism. It is more than merely mercenary 
spirit. This is the cry of those who have thrown aside all notions of 
good and evil and who merely want the rest of us to let them be. They 
want to sell whatever they can to whoever they can entice and want the 
rest of us to let them be. After all, who are we? Parents? 
Grandparents? Public officials? American citizens? Who are we to 
criticize them?
  These people should look at their deeds and be proud--really proud.
  Let me conclude by asking simply this question: What in the world 
would our Founding Fathers make of an interpretation of this great 
document

[[Page 10186]]

called the Constitution that claims that the glorification of rape, 
dismemberment, violent death is unequivocally and absolutely protected 
by freedom of speech?
  The result is we are seeing kids imitating art, taking their guns to 
school, joining gangs, and committing acts of violence. I suspect the 
Founding Fathers would simply have said: Is this the pathetic pass you 
people have come to? Shame on you. And we would not have made them 
proud.
  The PRESIDING OFFICER. Who yields time on the amendment? The Senator 
from Alabama.
  Mr. SESSIONS. Mr. President, on behalf of Senator Hatch and the 
managers of this bill, I would like to make a few remarks at this time 
on the time of Senator Hatch.
  Senator Domenici, I thank you very much for your willingness to 
become engaged in this issue, to confront some of these problems. I, 
like you, do not believe the airways and all this country are 
necessarily free for every use piped into our homes, for our children, 
when people are not ready to deal with it.
  I wonder if you remember the time when the Pope came to Hollywood, 10 
or 12 years ago, and met with movie moguls--at least a decade ago I 
suppose. I have a vivid recollection of members coming out of that 
meeting. He had all the Hollywood titans and moguls there. He talked to 
them about the need for them to improve the entertainment they were 
putting out. He urged them to do better.
  The Hollywood titans came out and they were interviewed on the 
television. They said: He made some very good points. We have to 
consider that. We have to do better.
  I remember Charlton Heston came out at the very end and they said: 
Mr. Heston, do you think anything is going to change?
  He looked right in the camera and said: They wouldn't change if the 
Lord himself spoke to them. They are after ratings and the almighty 
dollar.
  If we do not have power under the first amendment to constrain some 
of this, I think it is quite appropriate that they be taken to task and 
they be urged, in the name of decency and humanity, to clean up their 
act. If you have to make money, do you have to make it at this low a 
level?
  I wonder if the Senator has a comment on that.
  Mr. DOMENICI. I do. I talked to the Senate a little bit lately about 
character education. I am putting a statement in the record regarding 
Character Counts, an education program which utilizes six pillars of 
character. One of them is responsibility and another is 
trustworthiness. We are all excited about this program and hoping our 
children will learn responsibility and trustworthiness--meaning don't 
tell lies, be responsible for the agreements you make, to the covenants 
you have, to the institutions you support.
  Isn't it interesting, everybody says we ought to be promoting this 
because our children need it. Actually, I do not know how to stop what 
I have described about Hollywood tonight. I do not know how we can do 
it in law. But sometime or another, somebody has to be responsible. 
Somebody has to step up to the bar in the movie industry and say we 
ought to challenge those who work in the industry, who produce these 
products that are going out to our children and to our people, and see 
if we can't turn it in another direction. Do we have to pick the 
easiest prey, our children, and produce the easiest film that will make 
money? You know they all make money if you load them with this kind of 
violence and degradation. Can't the movie industry work on something 
better? I think that is the challenge.
  I do not have an answer, but maybe a group will be formed and among 
them they will grow up. Maybe some board of directors of some 
corporation with a mother or a grandmother on the board may for once 
ask: What are we putting on television? Can we look at the programs 
that we are spending our corporate dollars on and see?
  Wouldn't that be something, if every chief executive, instead of 
listening only to his advertising man, had a board that wanted to see 
what they were buying. Not only by way of advertisements, but also 
programs they bought? That might be a nice idea, if people started 
doing that, you might hear some mothers and some grandmothers and some 
parents speaking out.
  Mr. SESSIONS. I think the Senator is correct. We do have authority as 
Senators to speak out.
  The President spoke out in a radio address just a few days ago, 
according to the Washington Post. He broadcast a radio address bluntly 
challenging the purveyors of violent movies and video games to accept a 
share of the responsibilities for the tragedies, such as the Columbine 
High School massacre, based on the evidence that some people become 
desensitized and are more prone to emulate what they see on the screen.
  However, reading this very same article, when he went out, within 
hours of that radio address, and met personally with the titans of 
Hollywood, he delivered that message ``with all the force of a down 
pillow.''
  The Washington Times said he assured the filmmakers that they were 
not bad people, as they showered him with $2 million. He assured them 
they had no personal responsibility for the Columbine High School 
massacre in Littleton, CO. Instead of blaming Hollywood for making 
violent films, he said the real blame lies with theaters and video 
stores that show them and sell them to minors.
  The President told the audience of stars and studio moguls that they 
should not blame the gun manufacturers either, but he blamed the 
Republican Members of Congress who will not enact his gun control laws. 
The President gingerly suggested at the Saturday night fundraiser in 
Beverly Hills that sustained exposure to ``indiscriminate environments 
can push children into destructive behavior,'' but he added quickly, 
the producers, directors, and actors who ponied up $2,500 per couple 
are not at fault. ``That doesn't make anybody who makes any movie or 
any video game or television program a bad person or personally 
responsible with one show with a disastrous outcome. There is no call 
for finger pointing here.'' He later went on to note we were going to 
work it out as family.
  We need to send a clearer message than that. Perhaps his radio 
message was a better message. It is unfortunate that when he met with 
them face to face, he toned it down an awful lot, apparently. I 
suggest, if the Senator will comment, which one does he think those 
media moguls are going to believe was his real view, the one he said on 
the radio or the one he said to them personally?
  Mr. DOMENICI. Let me first respond by saying what I forgot to say 
when the Senator from Alabama first stood up. I should have 
congratulated him for the excellent job he has done on this bill. He 
has been on the floor when I have handled lengthy budget bills and a 
lot of amendments. He was there to encourage me. I think we worked 
nicely together. He learned some things during the budget resolution.
  What a marvelous job the Senator has done under very tough 
circumstances. I commend him for that.
  Frankly, it seems to me we need every bit of leadership we can get to 
assess this issue and be realistic about it. From the President on 
down, leaders have to tell the truth. Those people who are involved in 
the business of producing movies and films which our young people view, 
which we know are more apt to cause them to use guns, are more apt to 
cause them to do violent things, they need to acknowledge the truth.
  For those in the entertainment industry to say there is no proof that 
movies cause violence, what kind of proof do you need? There are 
multiple studies that say there is a relationship.
  Does the Senator remember when he was growing up that people would 
say, ``Well, if you read a good book, it is going to be good for you''? 
Doesn't it follow that if you read something that is not good, you are 
apt to learn that also? Whoever defines good or bad, that is up to 
them. But it is just obvious that one cannot see all of this violence 
and not be adversely affected by it.

[[Page 10187]]

  Just starting with that and saying let's all acknowledge that, what 
do we do about it? There may be a lot of different things. Certainly I 
do not have the prescription, and I did not say I did. But I think we 
ought to begin by saying that we should not get this into the minds and 
hearts and senses of our young people. We ought to find a way to avoid 
it. We ought to find a way to give them better things to view, better 
things to hear.
  It seems to me the country would be so relieved if some of those 
leaders in that industry were to step forth and say: We just formed a 
group that is going to try to do that. We don't know how successful it 
will be.
  They might be shocked. It might be very successful.
  I yield the floor.
  Mr. SESSIONS. Mr. President, I will briefly make some comments 
concerning the Wellstone-Kennedy amendment and share some thoughts on 
this situation with which we are wrestling.
  Right across the street on the marble of the U.S. Supreme Court are 
the words ``Equal Justice Under Law.'' That is a cornerstone of 
American thought. It is a cornerstone of our belief of who we are as a 
people. It is critical that we maintain that in our juvenile and adult 
court systems, and that in all aspects of our American court system we 
recognize that people who come before the court must be treated 
equally, regardless of their station, regardless of their race, 
regardless of their sex, and regardless of their religion. That is so 
basic to who we are as a people.
  We have not always been perfect in that. In fact, we have made a 
number of errors over the years. Less than an hour ago, I met in my 
office with Dr. Glenda Curry, who is the president of Troy State 
University in Montgomery. She is completing work on the Rosa Parks 
Museum. Rosa Parks was a victim of an unfair system, and when asked to 
move to the back of the bus in Montgomery, AL, in the 1950s, she said 
no. She refused to move, and she challenged an unjust law and was able 
to overturn that.
  To say we have never had problems or we do not have problems in the 
fairness of law is not accurate. This Nation has made tremendous 
progress. We are moving well to eliminating those kinds of things. They 
are just not showing that.
  I will tell our concerns which are so troubling. Under the previous 
legislation, that Senators Wellstone and Kennedy proposed to use again 
in this bill, the law required, before a State can receive money, they 
have to submit a plan and their plan shall ``address efforts to 
reduce''--reduce--``the proportion of juveniles detained or confined in 
secure detention facilities, secure correctional facilities, jails, and 
lockups who are members of minority groups if such proportion exceeds 
the proportion such groups represent in the general population.'' It 
says the numbers have to be reduced based on race.
  We need to strive to make sure that nobody is incarcerated who is not 
guilty of a crime, but we ought not be passing a law requiring the 
reduction of the proportion of juveniles confined if it simply does not 
meet a perfect numerical percentage.
  I believe, as a result of my study of the Supreme Court decision in 
Adarand as well as other cases, that this is unconstitutional, and it 
is certainly bad policy.
  Under the leadership of Senator Hatch, who is a scholar on these 
issues and who has held hearings on what to do about quotas and 
affirmative action, the Judiciary Committee developed and passed this 
legislation with this language, and we changed it slightly. This plan, 
which the States have to submit to be eligible for funding shall, ``to 
the extent that segments of the juvenile population are shown to be 
detained or confined in secure detention facilities, secure 
correctional facilities, jails and lockups, to a greater extent than 
the proportion of these groups in the general juvenile population, 
address prevention efforts designed to reduce such disproportionate 
confinement, without requiring the release or the failure to detain any 
such individual.''
  In other words, this focuses on the problem more directly. It says 
that when you have $1 billion of prevention money in this juvenile 
justice bill, that prevention money needs to be directed to try to 
prevent crime. But it also suggests that that prevention effort ought 
to be directed to those kids if they are in a minority population that 
exceeds the number in the general population in the juvenile court 
system.
  So I think this is a reasonable and constitutional provision. I think 
it is a right step. I simply and reluctantly must say I have to oppose 
this amendment. I just do not believe it can be justified under what I 
understand to be a legitimate constitutional law.
  I yield the floor.
  Mr. HATCH addressed the Chair.
  The PRESIDING OFFICER. The Senator from Utah.
  Mr. HATCH. I am prepared to yield back the remainder of our time if 
the other side is. But let me just put an article in the Record. It is 
by the Center for Equal Opportunity entitled ``Unconstitutionality of 
42 U.S.C Sec. 5633(a)(23).'' It is written by Roger Clegg. I think it 
makes an awful lot of sense. I ask unanimous consent that it be printed 
in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

          [From the Center for Equal Opportunity, May 5, 1999]

           Unconstitutionality of 42 U.S.C. Sec. 5633(a)(23)

                             (Roger Clegg*)

       42 U.S.C. sec 5633(a)(23) requires states that wish to 
     participate in the Formula Grants Program of the Juvenile 
     Justice Delinquency and Prevention Act to submit a plan that 
     shall, inter alia, ``address efforts to reduce the proportion 
     of juveniles detained or confined * * * who are members of 
     minority groups if such proportion exceeds the proportion 
     such groups represent in the general population.''
       In our view, this provision is not only misguided as a 
     matter of policy but also unconstitutional.
       The Supreme Court has made clear that any use of a racial 
     classification by any government is presumed to be 
     unconstitutional. It declared in Personnel Administrator of 
     Massachusetts v. Fenney, 442 U.S. 256, 272 (1979): ``A racial 
     classification, regardless of its purported motivation, is 
     presumptively invalid and can be upheld only upon an 
     extraordinary justification.'' More recently, the Court held 
     that the Constitution ``requires strict scrutiny of all race-
     based action.'' Adarand Constructors, Inc. v. Pena, 515 U.S. 
     200, 222 (1995); see also City of Richmond v. J.A. Croson 
     Co., 488 U.S. 469 (1989).
       It cannot be seriously argued that subsection (23) does not 
     use racial classifications and does not encourage funding 
     recipients to do so. Juveniles must be classified according 
     to race in order for subsection (23 to be followed, and 
     different government actions are contemplated depending on 
     those classifications. Further, one set of consequences 
     obtains if minority groups are ``overrpresented'' and another 
     set of consequences if nonminorities are 
     ``overrepresented.''\1\
---------------------------------------------------------------------------
     \1\ The racial classification would remain, however, even if 
     recipients were required to reduce the ``overrepresentation'' 
     of nonminority groups, too.
---------------------------------------------------------------------------
       In determining whether a racial classification exists, it 
     is always useful to put the shoe on the other foot. Suppose a 
     state announced that it would intervene to bring down the 
     number of white people who were detained or confined whenever 
     that number was greater than ten percent of the minority 
     detention and confinement rate. There would be no serious 
     argument that the state was not using a racial 
     classification.
       Accordingly, the only remaining legal issue is whether 
     subsection (23)'s racial classification passed ``strict 
     scrutiny.'' This requires that it be justified by a 
     ``compelling'' interest and that it be ``narrowly tailored'' 
     to that interest.
       Strick scrutiny cannot be passed. The only compelling 
     interest the Supreme Court has recognized in recent years is 
     the remediation of past discrimination, and it is difficult 
     to conceive of any other compelling interest here.\2\ But 
     remedial justification is clearly implausible for subsection 
     (23).
---------------------------------------------------------------------------
     \2\ The remedial justification is apparently the basis for 
     subsection (23). See U.S. Dep't of Justice Office of Juvenile 
     Justice & Delinquency Prevention, Juvenvile Justice Bulletin 
     (Sept. 1998), at 1. See also 28 C.F.R. sec. 31.303(j) (1998).
     Justice Powell thought that ``diversity'' in higher education 
     presented a compelling interest, but no other justice joined 
     his opinion in Regents of the University of California v. 
     Bakke, 438 U.S. 265 (1978), and in any event Justice Powell's 
     explanation of the importance of diversity was peculiar to 
     the university context and has no application to prisons. An 
     argument that, to ensure public confidence in our criminal 
     justice system, the inmate population must ``look like 
     America,'' is similar to the argument that Justice Powell 
     rejected immediately in Bakke, 438 U.S. at 307 (subpart IV-
     A). Furthermore, the inmate population has never reflected 
     society generally insofar as it is younger, more male, and 
     poorer.
     While preventing crime may be a compelling interest, 
     preventing crime by members of particular races is not, and 
     so the use of racial classifications serves no compelling 
     anticrime interest--or, alternatively, the use of race is not 
     narrowly tailored to that interest.

---------------------------------------------------------------------------

[[Page 10188]]

       In the first place, the subjects of the racial 
     classification here are juveniles, which means that they were 
     born in 1982 or later. Thus, they were not alive during the 
     days of slavery or Jim Crow, let alone sufferers during them. 
     Moreover, there is no evidence that all prospective funding 
     recipients have a current or even recent history of racial 
     discrimination, and there is no requirement under subsection 
     (23) that only recipients with such a history are required to 
     use racial classifications. The Supreme Court has made clear 
     that a particularized showing of past discrimination in the 
     specific context being remedied is necessary. See Croson, 488 
     U.S. at 498-506 (subpart III-B); see also Bakke, 438 U.S. at 
     307-10 (subpart IV-B) (opinion of Powell, J.). We note that 
     one study of recent data from the Bureau of Justice 
     Statistics found that, for cases filed in state courts in the 
     seventy-five largest counties in May 1992, blacks were 
     actually more likely than whites to be acquitted in jury 
     trials for most felony crimes. Robert Lerner, ``Acquittal 
     Rates by Race for State Felonies,'' in Race and the Criminal 
     Justice System (Center for Equal Opportunity 1996).\3\
---------------------------------------------------------------------------
     \3\ A recipient may also be tempted to avoid subsection (23), 
     or show that it is making progress under it, by treating 
     minority and nonminority offenders differently--either 
     releasing more minority offenders than would normally be the 
     case, or detained and confining more nonminorities. Thus, 
     subsection (23) may actually encourage discrimination in the 
     criminal justice system in situations where it was not 
     occurring.
---------------------------------------------------------------------------
       It is also noteworthy that the federal government is not 
     administering subsection (23) in a way that requires that the 
     racial classification being used be aimed at ending 
     discrimination in the criminal justice system. To the 
     contrary--if the September 1998 Juvenile Justice Bulletin 
     (``Disproportionate Minority Confinement: 1997 Update''), 
     published by the U.S. Justice Department's Office of Juvenile 
     Justice and Delinquency Prevention, which administers 
     subsection (23), is any indication--most subsection (23) 
     programs are not aimed at the criminal justice system at all, 
     but are instead aimed at preventing antisocial behavior in 
     juveniles from ever occurring in the first place. See also 28 
     C.F.R. sec. 31.303(j)(3) (1998) (Justice Department 
     regulations require intervention irrespective of cause of 
     disproportion).
       This preemptive approach makes a great deal of sense--and 
     it underscores why the race-based approach of subsection (23) 
     itself does not. The criminal justice system is not to blame 
     for the disproportionate number of offenders from some 
     minority groups, and the problem of juvenile crime is not 
     limited to any one racial or ethnic group, even if some 
     groups may be disproportionately represented among juvenile 
     offenders. Urging that funding recipients view the problem of 
     juvenile crime through a racial lens is exactly the wrong 
     thing to do. Programs for at-risk youth should not be limited 
     to minorities, as if only blacks and Hispanics commit crimes 
     and as if it is not equally tragic when a white youth becomes 
     a criminal.
       Indeed, it sets a very dangerous precedent to argue that 
     the government may target racial and ethnic groups for 
     special attention if members of those groups are 
     disproportionately likely to run afoul of the law. Such 
     precedent could be used to justify, for instance, the use of 
     racial profiling by the police. We are, therefore, surprised 
     that the NACCP is urging its members to support subsection 
     (23). See NACCP, Urgent Action Alert ``Re: Juvenile Crime 
     Bills'' (Mar. 31, 1999).
       *Roger Clegg is vice president and general counsel of the 
     Center for Equal Opportunity, a Washington, D.C.-based 
     research and educational organization. Mr. Clegg is a former 
     Deputy Assistant Attorney General in the Justice Department's 
     Civil Rights Division and teaches employment discrimination 
     law as an adjunct professor at George Mason University School 
     of Law. He is a graduate of Rice University and Yale Law 
     School
  Mr. HATCH. Mr. President, if the other side is prepared to yield 
back, I am prepared to yield. If not, we will reserve the remainder of 
our time.
  Mr. WELLSTONE addressed the Chair.
  The PRESIDING OFFICER. The Senator from Minnesota.
  Mr. WELLSTONE. There have been statements made on the floor of the 
Senate on this question that I want everybody in the country to know 
about. I want to have a chance to address these questions. We certainly 
will use the rest of our time.
  I yield 5 minutes to the Senator from Wisconsin.
  Mr. FEINGOLD. Mr. President, I thank you and especially thank the 
Senator from Minnesota for yielding me the time, but especially for his 
tremendous leadership on this issue, as well as Senator Kennedy.
  This amendment merely preserves the status quo with respect to the 
disproportionate minority confinement core requirement of the juvenile 
justice deliquency prevention formula grants.
  Disproportionate minority confinement is a serious problem in many of 
our States, and has been for quite some time. Just as an example, in 
Pennsylvania, studies in the late 1980s showed that while minorities 
constituted only 12 percent of the juvenile population, they 
represented 27 percent of juveniles arrested and 48 percent of 
juveniles charged in court. In 1995, in Ohio, minorities comprised 14 
percent of the state's juvenile population, but 30 percent of those 
arrested and 43 percent of those placed in secure correctional 
institutions.
  And currently, nationwide, although African Americans constitute only 
15 percent of the U.S. population of juveniles, they account for 26 
percent of juvenile arrests, 46 percent of juveniles in secure 
corrections facilities, and 52 percent of juveniles transferred to 
adult criminal court after judicial hearings.
  A study in California showed that minority youths consistently 
receive more severe sentences than white youths and are more likely 
than white youths to be committed to State institutions for the same 
offenses. And here is another disturbing statistic: nationwide, African 
American males are 30 times--30 times--more likely to be detained in 
State juvenile facilities for drug offenses than white males. In 
Baltimore, African American males are roughly 100 times more likely to 
be arrested for drug offenses than white males.
  These statistics are repeated across the country. I sincerely hope 
that this is a problem that everyone in this body is concerned about. 
And it is not just unfairness or discrimination in the juvenile system 
that should concern us. Because juvenile confinement often is the first 
step toward a lifetime of going through a revolving door between prison 
and freedom. Confinement has devastating effects on families as well, 
and provides tragic role models for even younger children.
  We ought to be doing what we can to address these disparities. The 
DMC core requirement is not a panacea, but it has been working well in 
directing attention and resources at this problem. It does not and I 
repeat, it does not--require quotas in detention facilities or direct 
the release of any juvenile from custody. It simply requires States to 
develop plans to address the problem.
  Since 1992, our States have been required to address DMC in their 
State plans. Some 40 states have completed the assessment phase and are 
implementing plans to try to address whatever problems they have 
identified. They are working on creative approaches, programs of 
education and vocational training, tutoring, dropout prevention, 
truancy intervention, and other efforts to keep at risk children in 
school. And States have been developing alternatives to incarceration 
for nonserious, nonviolent offenses. All of these things, developed at 
the state and local level, are positive efforts to address a serious 
social problem. We should be encouraging them, not undermining them by 
eliminating this core requirement, as the bill would do.
  Mr. President, this is well worth the effort on this floor. Again, I 
strongly commend Senators Wellstone and Kennedy for offering this 
amendment.
  I thank the Chair and yield the floor.
  The PRESIDING OFFICER. Who yields time?
  Mr. WELLSTONE. Mr. President, just before we go forward with this 
time, I understand the Senator from California is going to make a 
request. For just a moment, before I get started responding, could I 
ask unanimous consent that this time not be counted against any of ours 
because there may be an interruption here for another amendment.
  Mr. SESSIONS. Object. Reserving the right to object, we have been 
using time. On what subject?

[[Page 10189]]


  Mr. WELLSTONE. I say to my colleague, we would not count this time. I 
am trying to be accommodating to Senators over here who may want to 
briefly do an amendment, and then let us use our last 10 minutes. I 
just want to see----
  Mrs. BOXER. Go ahead.
  Mr. WELLSTONE. OK. I guess that did not work.
  The PRESIDING OFFICER. The Senator from Minnesota.
  Mr. WELLSTONE. Mr. President, colleagues, 15 percent, ages 10 to 17, 
of the kids in this country are black; 26 percent of all juvenile 
arrests are black; 32 percent of delinquency referrals to juvenile 
court are black; 46 percent of juveniles in public long-term 
institutions are black; cases judicially waived to criminal court, for 
52 percent they are black.
  This is a civil rights issue. I cannot believe what I have heard on 
the floor of the Senate tonight. We have been told there are more black 
kids who are incarcerated because they commit more crimes. We have been 
told that these statistics, whether it be for African American or 
Latino or Native American or Southeast Asian, they are a reflection of 
the number of kids who commit the crimes and who get the justice they 
deserve.
  We have already recited study after study after study that shows for 
the same crime many of these kids get stiffer sentences or many of 
these kids wind up incarcerated as opposed to other kids. This is all 
about race. I cannot believe that I have heard on the floor of the 
Senate an argument that race is not the critical consideration.
  When the police are out there in the streets, and we get to which 
kids are searched on the streets and which kids are not, you don't 
think that has anything to do with race? When we get to the question of 
which kids are arrested and which kids are not, you don't think that 
has anything to do with race today in America?
  When we get to the question of the evaluation of youth by probation 
officers, you don't think that has anything to do with race? When we 
get to the question of the decision whether to release or detain by a 
judge, based upon who has the money and who does not have the money to 
put up a bond, you don't think that has anything to do with race, 
Senators?
  When we get to the question of sentencing, you don't think that has 
anything to do with race? You are sleepwalking through history. You are 
sleepwalking through history.
  This is all about race. This is a civil rights issue and this is a 
civil rights vote. Let me just say, when I hear my colleague argue that 
this amendment is unconstitutional because it makes a racial 
classification, that claim is outrageous. This amendment does not treat 
anybody differently on the basis of race, and you know it. It does not 
treat anybody differently. The Supreme Court cases cited have nothing 
to do with this question. Adarand was about who gets construction 
contracts.
  You know what this amendment is about? This amendment is about 
preventing the majority party--I hope not too many in the majority 
party--from repealing the existing protections that we now have in law 
that have never been challenged as being unconstitutional that make 
sure there is some core requirement that calls upon States, to do what? 
To collect the data and to study the problem, and to try and do 
something about it.
  You are going to vote against this amendment? You go ahead. You go 
ahead and vote against this amendment, if that is what you want to do.
  I think it would be tragic if we didn't have strong support for this 
amendment. This is all about race. This is a civil rights vote. This is 
why there is such strong sentiment on behalf of this amendment. This is 
why every civil rights organization has been involved in this 
amendment. This is why so many of the children's organizations, like 
CDF, are involved. We have had the core requirement in our legislation. 
It has been there since 1992 or 1993. It calls upon States to study the 
question and to try to do better.
  And they are doing better. We are making progress. And now you want 
to discard this? You want to toss this overboard?
  This is all about race. I cannot believe that any Senator in this 
Chamber believes that these statistics are a reflection of who commits 
the crimes and who deserves to be incarcerated. My God, I cannot 
believe it. I cannot believe it.
  If you want to turn the clock back on some progress we have made, 
some racial progress we have made that is so important to kids, so 
important to communities of color, and so important to the Nation, you 
will be making a tragic mistake. That is why there were 400 votes for 
legislation that embodies the very language that we have in our 
amendment in the House of Representatives.
  I hope we have bipartisan support for this amendment tonight. I 
reserve the remainder of my time, because I want to respond to whatever 
else might be said on the floor of the Senate on this amendment.
  The PRESIDING OFFICER. The Senator from Utah.
  Mr. HATCH. How much time remains for each side?
  The PRESIDING OFFICER. The Senator from Utah has 19 minutes 25 
seconds. The Senator from Minnesota has 4 minutes 39 seconds.
  Mr. HATCH. Let me say a few words.
  I think everybody in this body wants to do whatever they can to end 
discrimination wherever it is. I haven't heard one shred of information 
that proves there is discrimination here. When you prove that, I will 
be right there side by side with you. Nor have I heard much of a reason 
how you get around the fact that crimes are committed, and it is the 
type of crime and the quantities of crime and who is doing it that 
makes a difference in our society and why people are locked up.
  I think you have to look at the crime. You can't just get out here 
and say, well, there is disproportion; therefore, there has to be 
something wrong. You have to show what is wrong.
  Frankly, I do not think the other side has shown what is wrong here.
  Mr. DURBIN. Will the Senator yield for a question?
  Mr. HATCH. Sure.
  Mr. DURBIN. Does the Senator recall when General McCaffrey testified 
before the Senate Judiciary Committee last year and I asked the 
general, who was in charge of trying to reduce drug crime in America, 
if it were true that of those committing drug crimes in America, 13 
percent are African American, and of those incarcerated for committing 
drug crimes in America, 67 percent are African American? He said: Yes, 
it is true. I don't have an answer.
  Now, I say to the chairman of that committee, I don't know if you 
were there during that questioning, but if you are looking for an 
indication of why Senator Wellstone's amendment is important, that 
statistic alone should give the Senator from Utah some pause. I hope he 
will consider that we are not going to release anyone who has been 
charged with a crime but merely step back and try to make sure the 
administration of justice is color-blind in this country and that it is 
fair and try to eradicate the statistic which was quoted and verified 
by General McCaffrey.
  Mr. HATCH. Let me say this again, what are the crimes? What is the 
extent of the crimes? How serious are they?
  The fact that 13 percent of the offenders are African American and 67 
percent of those incarcerated are--I don't see any information here 
saying that higher percentage was unjustifiably put in jail. These 
percentages don't tell us what the crimes were in the individual cases. 
If these individuals committed a crime, then they go to jail. Does that 
mean there are a lot of white people getting off? I don't see any 
evidence of that, either.
  Do you have evidence that minority juveniles are more likely to be 
detained for the same crime as white juveniles? I don't think you do. 
For example, is there evidence that African Americans who are charged 
with possession of crack cocaine are given more severe sentences than 
whites for crack cocaine? Is there evidence? I don't know of any.
  My point is, I don't think my colleagues on the other side are 
arguing

[[Page 10190]]

that if people commit heinous crimes and they are convicted and 
sentenced to jail that they shouldn't be. Now, if there is some 
evidence that law enforcement is ignoring white people who commit these 
same heinous crimes, then I am with you. I don't know of any evidence 
of that.
  Statistics are statistics are statistics, but when people go to jail, 
it is generally because they have committed crimes.
  What is your solution? To let them out of jail? Crack cocaine 
distributors? Is your argument that white crack dealers get away with 
it because they are smarter or they are protected somehow or other? I 
don't think you are making that argument. I can't imagine you would 
make that argument. So I don't know why there is a higher percentage, 
but I do know that almost without exception--there certainly are some 
instances where the law is not applied justly, I am aware of that--but 
almost without exception, people who commit these heinous crimes go to 
jail for them.
  I don't think you are arguing to let them out of jail. But then, 
again, how can you argue, then, that if they are committing the crimes 
and are going to jail, that for some reason or other there is some 
reason why they are going to jail where others aren't? I don't see the 
argument myself. Plus, you are adding racial classifications, mandated 
racial classifications in this amendment. To me it is not even a 
question of constitutionality. There is no question it is 
unconstitutional.
  With that, I reserve the remainder of my time.
  Let me retain it for a second and say one other thing. One would 
think, listening to my friend from Minnesota, that our bill does 
absolutely nothing to deal with this problem. You hear this very 
emotional set of arguments as though the Hatch-Biden-Sessions bill does 
absolutely nothing about these problems. S. 254, in my opinion, has a 
much better provision to solve these problems than the distinguished 
Senator from Minnesota.
  The bill as written, as before the Senate, requires that prevention 
resources be directed to ``segments of the juvenile population'' who 
are disproportionately detained. Now, such ``segments of the 
population'' could include, for example, certain socioeconomic groups 
who are more likely to be at risk. S. 254 directs prevention resources 
to such groups who need those resources the most. So we try to do 
something about it rather than just cite statistics.
  I don't see how you get around the fact that these people are 
sentenced and sent to jail because they have committed crimes. Just 
because there are statistics that indicate that more than a 
proportionate share of the general population is going to jail, I don't 
know how in the world you get around the fact that these crimes are 
being committed by individuals--individuals who just happen to be of 
one race or another. But we do try to address it by directing 
prevention resources to such groups who need those resources the most. 
I think that is the way to do it.
  I will work with my friends on the other side to see that we do 
things that make sure those moneys work.
  A National Research Council study, published by the National Academy 
of Sciences no less, found that:

       Few criminologists would argue that the current gap between 
     African American and white levels of imprisonment is mainly 
     due to discrimination of sentencing or in any other 
     decisionmaking process in the criminal justice system.

  If the National Academy of Sciences is wrong, show me the evidence. 
Just because this disparity exists, liberals throw their hands in the 
air and say there must be something wrong, but they can't prove it, 
other than to show statistics. I hope they will be with me in saying 
that people who are justly sentenced for heinous crimes shouldn't be 
let off just because there is a disproportionate sentencing because 
more crimes are committed by one group than another. I don't see how 
anybody can argue with that point. You know, it must be nice to always 
act like you are caring for the little guy, when, in fact, you are not 
willing to do what has to be done in order to help resolve these 
problems.
  Now, 55 percent of this bill is for prevention--55 percent of it. I 
don't remember any crime bill in my time here--there may have been one, 
but I can't remember it--where we put more money into prevention than 
law enforcement and accountability. But we have done it here, and one 
reason is to try to solve these problems. If there is a segment of our 
population that seems to have certain socioeconomic problems that 
literally have caused them to be disproportionately convicted--I don't 
even think the word ``disproportionate'' is right--but more convicted 
than their racial group's percentage in population group might suggest, 
we want to spend more money on prevention for those people. And that is 
what this bill does. It doesn't take a lot of sense to recognize that 
is a pretty good proposition, and we have it in the bill.
  I reserve the remainder of my time.
  The PRESIDING OFFICER. Who yields time?
  Mr. WELLSTONE. Mr. President, how much time do I have left?
  The PRESIDING OFFICER. The Senator has 4 minutes 30 seconds.
  Mr. WELLSTONE. Mr. President, in all due respect to my colleague from 
Utah, I don't think anybody in the civil rights community all across 
this land will be reassured. I will work with you on the language. With 
all due respect, some of these arguments about surely you are not for 
letting blacks out of jail --of course not. The Senator knows what the 
amendment says. The Senator knows it is not about quotas; it is not 
about letting anybody out of jail. The Senator knows this is all about 
calling on States to study the problem. The Senator knows that. We have 
had this core protection since 1993. Why do you think it is the case? 
There has been a history for this. It started in 1988. Then we passed 
this amendment in 1993. It is based upon all kinds of studies, all 
kinds of work, which has provided the empirical evidence, which should 
be of no surprise to any Senator here, that we have a problem in our 
country of disproportionate minority confinement.
  We want to try to understand why minority kids who represent about 33 
percent of the population represent about 66 percent of the kids who 
are locked up. We want to come to terms with that. Could it have 
anything to do with their race, in terms of who gets swept up in the 
streets? Could it have anything to do with who actually ends up getting 
a good evaluation or not by a probation officer? Could it have anything 
to do with who is released or detained by a judge? Could it have 
anything to do with who is sentenced and for how long a period of time?
  My colleague doesn't think race has anything to do with this. If you 
don't think race has anything to do with this, that we don't have any 
problem with discrimination in our country, or that States right now 
are collecting data and trying to come to terms with this problem, 
which is exactly what our amendment says--continue with this good 
work--then you should not vote for this amendment. But if you think 
this is an issue that deals with race in America, that this is a civil 
rights question, and you think it was a good thing that we had this 
core protection, this core requirement in our juvenile justice 
legislation and it would be a tragic mistake for us to take this 
protection out that just calls for States to study the problem and try 
to redress the problem, then you should vote for this amendment.
  This is the language of the amendment:

       Address juvenile delinquency prevention efforts and system 
     improvement efforts designed to reduce, without establishing 
     or requiring numerical standards or quotas, the 
     disproportionate number of juvenile members of minority 
     groups who come into contact with the juvenile justice 
     system.

  Senators, Democrats and Republicans alike, that is what you are 
voting on. This is a civil rights vote. The more I hear my colleagues 
speak on the floor of the Senate--I think what has been said is 
heartfelt, but it is historic. Some Senators don't think there is an 
issue with discrimination. There are some Senators who don't think 
there is a problem of disproportional sentencing. There are some 
Senators who

[[Page 10191]]

think we should remove this protection. There are some Senators who 
want to turn the clock back. But I am telling you, this is a central 
issue for the civil rights community in this country and for child 
advocacy groups.
  I certainly hope we will be able to pass this amendment. If we don't 
pass this amendment, this juvenile justice legislation will have taken 
a step backward when it comes to justice. I don't think it will be a 
piece of legislation that will be worth supporting. I don't think 
Senators should support legislation that turns the clock back on the 
progress we have made dealing with racial justice. I don't think 
Senators should support that, and I think Senators should support this 
amendment. This is the civil rights question, the civil rights issue, 
and the civil rights vote on this bill. My good friend from Utah 
doesn't want to say that. He doesn't want to face up to that reality, 
but that is what this vote is all about.
  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. HATCH. Mr. President, this is not a civil rights vote. This is a 
vote that is an emotional vote. That is, they cannot show any reasons 
why people who commit heinous crimes should not go to jail. They are 
saying because there is a disproportionate number of African 
Americans--to select one group because that is the one they are talking 
about--going to jail for crimes they were convicted for, that somehow 
there is something wrong with that. Everybody in America knows that 
people are sentenced to jail because they have committed crimes. I 
admit that occasionally there are injustices in our courts, but they 
are very rare. When they do occur, I will decry them as much as my 
friend from Minnesota.
  This is what you call a bleeding heart amendment. They can't show the 
facts; they don't have any facts on their side. They are using 
statistics. They are ignoring the fact that people are convicted of 
these crimes and need to serve time for them, regardless of skin color; 
and they are ignoring the fact that we take care of this problem by 
providing a disproportionate amount of the prevention funds to help 
segments of the population having difficulties because of socioeconomic 
difficulties. That is the way to face it and solve the problem. Don't 
just complain about the problem. What is the solution? Is it that these 
people should not serve their time? Should they not be convicted when 
they sell drugs to our kids? Everybody knows that it happens.
  It is nice to talk about civil rights. The fact of the matter is that 
nobody is more concerned about civil rights than I am. If anyone can 
show me where there is prejudice, if they can show me where these 
people are not justly convicted, that is another matter. I will be 
right there marching with them. But they can't and they know it.
  Mr. President, I am going to yield 2 minutes to the distinguished 
Senator from Alabama, and then I will yield back the remainder of our 
time.
  The PRESIDING OFFICER. The Senator from Alabama is recognized.
  Mr. SESSIONS. Mr. President, I thank the Senator from Utah for his 
leadership. He raises a good question about statistics and how they can 
be misleading. I had, of course, served as attorney general of Alabama, 
and I have a brief here that was submitted on statistics involving 
whites and blacks on death row in Alabama. Now, 52 percent of those on 
death row in Alabama are white; 46 percent are black. But that 
percentage of the black population is substantially higher on death row 
than in the State. But the study goes on to show that the percentage of 
homicides committed in Alabama by blacks was 71 percent; yet, they 
represented only 46 percent of the people on death row.
  So I don't know what any of those numbers mean. I am not sure they 
are very beneficial to anybody. But if you look at it one way, it looks 
like it is unfair. If you look at it another way, it looks like it is 
not unfair. So the Senator is correct that we need to have proof of 
individual wrongs instead of passing a law that is going to require the 
reduction of people in prison based on a statistical study.
  I yield the floor.
  Mr. HATCH. Mr. President, how much time do I have?
  The PRESIDING OFFICER. Seven minutes.
  Mr. HATCH. How much does the other side have?
  The PRESIDING OFFICER. Zero.
  Mr. HATCH. I yield back the remainder of my time, and we can yield to 
the Senator from Kentucky.
  The PRESIDING OFFICER. The Senator from Kentucky.


                           Amendment No. 365

 (Purpose: To discourage the promotion of violence in motion pictures 
                      and television productions)

  Mr. McCONNELL. Mr. President, I send an amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Kentucky (Mr. McConnell) proposes an 
     amendment numbered 365.

  Mr. McCONNELL. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the appropriate place, insert the following:

     SEC.  . PROHIBITION ON PROMOTING VIOLENCE ON FEDERAL 
                   PROPERTY.

       (a) General Rule.--A Federal department or agency that--
       (1) considers a request from an individual or entity for 
     the use of any property, facility, equipment, or personnel of 
     the department or agency, or for any other cooperation from 
     the department or agency, to film a motion picture or 
     television production for commercial purposes; and
       (2) makes a determination as to whether granting a request 
     described in paragraph (1) is consistent with--
       (A) United States policy;
       (B) the mission or interest of the department or agency; or
       (C) the public interest;
     shall not grant such a request without considering whether 
     such motion picture or television production glorifies or 
     endorses wanton and gratuitous violence.
       (b) Exception.--Subsection (a) shall not apply to--
       (1) any bona fide newsreel or news television production; 
     or
       (2) any public service announcement.

  Mr. McCONNELL. Mr. President, my understanding is I have 15 minutes.
  The PRESIDING OFFICER. That is correct.
  Mr. McCONNELL. I ask the Chair to notify me when I have 3 minutes 
left.
  Mr. President, the amendment that is now pending would require that 
when granting permits necessary for filming a movie or a TV show on 
Federal property, or with Federal equipment, the relevant agency's 
approval criteria now would include a consideration of whether the film 
glorifies or endorses wanton and gratuitous violence. The message is 
simple: The Federal Government will not allow Hollywood to promote 
excessive and wanton violence in our house.
  America's children are exposed to incessant and endless hours of 
violent movies and television productions each year. Exposure to this 
violence desensitizes our children to brutality and killing and gives 
them ``glamorous'' murderous acts to emulate. This exposure is like 
pouring gasoline on fire.
  Yes, the children who commit terrible acts of violence must have a 
number of deep and troubling problems. However, the glorified wanton 
violence depicted in movies and on TV is fuel that Hollywood is dousing 
on those children and their smoldering internal problems. This is not a 
revelation. Indeed, a 1996 American Medical Association Study concluded 
that, ``The link between media violence and real life violence has been 
proven by science time and time again.''
  Most people know, intuitively, that there is a strong link between 
media violence and real life. Why is it that no one in Hollywood seems 
to care? Are they the only ones who are oblivious to this phenomenon? 
Why is there no shame about the violent junk they are making and 
MARKETING to our kids? Why do we hear Hollywood give speech after 
speech after speech on every fad-driven cause under the sun, and yet 
rarely ever do we hear them mention reforming themselves and refraining 
from marketing violence to our children.
  Let's take a look at some of the media violence that our children are 
exposed to.

[[Page 10192]]

  First, let's go to the movies.
  Now, I'm told that Leonardo DiCaprio and Keanu Reeves are two of the 
biggest teen idols out there today. These photographs are both from 
recent hit movies--``The Basketball Diaries'' and ``The Matrix''.
  Thanks to the occupant of the Chair, Senator Brownback, the 
Republican Senators had an opportunity to see some of the scenes from 
``Basketball Diaries'' recently. That is one of the scenes from it here 
on my left.
  The ``Matrix,'' featuring Keanu Reeves, is here on my right.
  You can see from these photographs that Hollywood is taking the 
biggest teen idols and creating these glamorous, powerful, violent 
images to send out to our young people. These are role models for 
children.
  As you can see here, in ``Basketball Diaries,'' teen idol DiCaprio is 
wearing a long, black trenchcoat and packing a shotgun. In this movie, 
DiCaprio's character has a fantasy of walking into his high school 
classroom and opening fire on his schoolmates and his teacher.
  Thanks to the Senator from Kansas, Mr. Brownback, we had an 
opportunity to see this scene from that film. I think we would all 
agree--those of us who saw it--it literally turns your stomach.
  These violent images became reality in the community of Paducah, 
Kentucky, barely 17 months ago. In a Paducah high school, the DiCaprio 
Dream was played out in real life. I'd like to read for my colleagues 
an excerpt from a Newsweek article about ``Basketball Diaries'' and the 
senseless tragedy in Paducah.

       ``The Basketball Diaries'' may not have been 14-year-old 
     Michael Carneal's favorite movie. But one scene in particular 
     stayed with the awkward Paducah, Ky., freshman: a young 
     character's narcotic-tinged dream of striding into his 
     school, pulling a shotgun from a black leather coat and 
     opening fire. The real-life scene in the bloodied halls of 
     Heath High School last Monday was a long way from Hollywood. 
     Unlike handsome actor Leonardo DiCaprio's dramatic entrance 
     in 1995's ``Diaries,'' skinny, bespectacled Michael bummed a 
     ride to school that day from his 17-year-old sister, Kelly. 
     Instead of cinematically kicking down a classroom door, 
     Michael quietly followed Kelly into the school through the 
     band room, where he told a curious teacher that the four guns 
     bound together with duct tape and wrapped in an old blanket 
     were ``a poster for my science project.'' Loitering in the 
     hall, Michael waited for a prayer group of 35 students to 
     lift their bowed heads and say ``Amen.'' He then took a fifth 
     gun, a semiautomatic .22, from his backpack and fired off 12 
     shots, killing three students and wounding five. Before the 
     police arrived, Carneal would tell a teacher, `it was like I 
     was in a dream.'

  Looking back at Paducah, and now Littleton--and looking at these 
Hollywood images of teen idols--can leave no doubts. Hollywood violence 
DOES influence our children, in the worst way.
  Let me tell you about this other hit movie--``The Matrix.'' The image 
of this character is strikingly similar to that over here of Mr. 
DiCaprio. Let me read to you how an article in the Washington Post 
described watching the Matrix.

       The sold-out theatre was filled with younger teens, despite 
     the R rating, and at times I felt as if I were watching a 
     dramatization of the killings that had just occurred in 
     Littleton, Colorado.
       In one scene, protagonists played by Keanu Reaves and 
     Carrie-Anne Moss arrive at an office building where their 
     adversaries are holed up. Dressed in black leather coats, the 
     pair sprays the lobby with automatic weapons fire. The scene 
     is a gorgeously choreographed ballet of mass killing, a 
     triumph of Hollywood's ability to represent graphic violence. 
     As bullets riddle a dozen twitching bodies, spent shell 
     casings cascade downward in slow motion. The victims of this 
     orgy of killing are police officers.
  I have heard some in Hollywood say that these violent movies are for 
adults--not for our impressionable children. Those comments simply are 
not credible. The reality is that Hollywood markets many such movies to 
teenagers. For proof, one need only to look as far as the hit Teen 
Movie--``Scream.'' In this movie young, beautiful high school students 
slay, stab and butcher each other and their teachers for two non-stop 
hours. ``The movie builds to a finale in which one of the killers 
announces that he and his accomplice started off by murdering strangers 
but then realized it was a lot more fun to kill their friends.'' Where 
is the Shame, Hollywood?
  Mr. President, if the sights and sounds of Hollywood were not enough 
for you, let me take you to the next level: the gutter of the new 
millennium--violent videogames. This is a dimension where our children 
are not limited to be mere watchers. Rather, in videogames they are 
participants--active participants. America's children can descend as 
low as a twisted, demented videogame will take them.
  I think these games have been best-described by Retired Lieutenant 
Colonel David Grossman, a former professor of psychology at West Point 
who now teaches a course to green berets on the psychology of killing. 
He calls them ``Murder Simulators.'' These are the ``games" our 
children are playing.
  In the videogame ``Postal'' the goal is straightforward: kill as many 
townfolk as possible without being killed yourself. The maker of this 
game boasts, ``Chilling realism as victims actually beg for mercy, 
scream for their lives and bodies pile up on the street.'' That game 
maker certainly has no shame.
  I want to share with you some fascinating excerpts from a recent ``60 
Minutes'' episode with Retired Lieutenant Colonel David Grossman, the 
former West Point professor I mentioned earlier. They discussed the 
``skills'' these games are teaching our children.

       Colonel Grossman. The same basic mechanisms that we use, 
     step by step, to make killing a conditioned response in our 
     soldiers, are being done in the games that the kids go and 
     play.

  Mr. President, let me tell you what Colonel Grossman had to say about 
Paducah, Kentucky and Michael Carneal.

       Colonel Grossman. Michael Carneal, a 14-year-old boy, has 
     never fired a pistol before in his life. His total experience 
     was countless, thousands and thousands of rounds in the video 
     games. When Michael Carneal opened fire; he fired eight 
     shots. . . . [H]e got eight hits on eight different kids. 
     Five of them were head shots. The other three were upper 
     torso. Now, the F.B.I. says in the average engagement, the 
     average officer hits with less than one bullet in five.

  Grossman concluded:

       Grossman. Here's what's fascinating about this crime. . . . 
     He held that gun and he fired one shot at every target. Now, 
     that is not natural. [A]nybody that's ever been in combat 
     will tell you that the natural thing is to fire at a target 
     until it drops. But the video games train you--if you're 
     very, very, very good, what you'll do is you'll fire one 
     shot--don't even wait for the target to drop--you don't have 
     time--go to the next, and the next. And the video games give 
     bonus effects for head shots.

  Mr. President, I understand that the Motion Picture Association has 
been lobbying heavily against this amendment. I want to make sure 
everybody understands what this amendment really does. It is quite 
mild.
  The problems evidenced by these video games and movies are 
complicated and complex. We are not going to solve them overnight. I do 
believe it is time that Hollywood take more responsibility. We need to 
send the message to Hollywood: Don't bombard our children with 
glamorous portrayals of gratuitous and wanton violence.
  Under the first amendment, we cannot and we should not seek to deny 
the right of free speech to anyone. However, as the Senate, we can 
encourage Hollywood to take responsible steps to protect our children. 
We can make sure the Federal Government does not costar with Hollywood 
in any movies that glorify or endorse wanton and gratuitous violence.
  The Federal Government already currently grants permits to Hollywood, 
allowing them to film on Federal property or allowing them to borrow 
Federal equipment such as jeeps or weapons to use in these films. Many 
government agencies and departments currently decide whether or not to 
cooperate with a film or TV production based on the nature and message 
of the proposed production.
  For example, DOD decides whether to grant Federal filming privileges 
based on whether a production ``appear[s] to condone or endorse 
activities . . . [that] are contrary to U.S. Government policy.''
  In other words, ``Top Gun'' is OK, but ``GI Jane'' is not. The 
military rolled out the red carpet for ``Top Gun'' while ``GI Jane'' 
had the door shut in her face.

[[Page 10193]]

  When deciding whether to cooperate with a movie, NASA determines 
whether the ``story is reasonably plausible, does not advocate or 
glorify unlawful acts, . . . or present as factual history things which 
did not take place.''
  The Coast Guard looks at whether, among other things, the Coast 
Guard's cooperation ``is in the public interest.'' Let me quote to you 
from 14 United States Code Section 659, where Congress has mandated in 
federal statute that the Coast Guard cannot provide facilities or 
assistance to film producers unless it determines ``that it is 
appropriate, and that it will not interfere with Coast Guard 
missions.''
  The point is the Federal Government is already engaged in a clearance 
process when a motion picture seeks to be made on Federal property. We 
are not adding requirements that are not already there, with one 
exception. In this amendment where Federal agencies are already engaged 
in a subjective clearance process, either through statute or through 
policy, we add to it this standard: Promoting and endorsing or 
glorifying violence.
  Clearly, this is not infringing on the movie industry's first 
amendment rights. They can simply go out and make their movies 
somewhere else. What we are saying here, if we are going to use our 
property, Federal property, and the agency already has a subjective 
clearance process, gratuitous, wanton and gratuitous violence needs to 
be added as a factor.
  I reserve the remainder of my time.
  The PRESIDING OFFICER (Mr. Voinovich). Who yields time in opposition?
  Mr. LEAHY. Mr. President, I yield myself such time as necessary out 
of the time we have available.
  I listened to my good friend from Kentucky, and he is my good friend. 
We have been together on more issues than we have been apart.
  I note one thing: As I recall, in reading the reviews of the movie 
``Matrix'' it was filmed in Australia, so this amendment, I assume, 
notwithstanding the graphic picture with Keanu Reeves, would not be 
covered?
  Mr. McCONNELL. I say to my friend from Vermont that particular movie 
was not made on Federal property. I am sure my friend from Vermont 
would not be arguing that it ought to have been made on Federal 
property.
  Mr. LEAHY. I am not one who is particularly interested in violent 
movies. I have been to too many crime scenes, too many murder and 
shooting scenes in a prior public life to do it.
  Mr. President, I yield 5 minutes to the distinguished Senator from 
California.
  Mrs. BOXER. Mr. President, I feel very strongly that this amendment 
should not pass.
  I wanted to add to what Senator Leahy has said. As far as I know, 
none of the movies or programs he talks about, and certainly none of 
the games--because games are made from computers--were ever made on 
Federal property as far as I could tell. I think that is an important 
point.
  It is interesting that just today, just today, one of the committees 
here in the Senate voted out some new rules that would govern the 
filming on Federal property. It was voted out of the committee. I think 
it is unfortunate we are bringing this up just while we are trying to 
resolve all of these questions.
  I think it is important to read the amendment. I have it in front of 
me, and it uses words that are very subjective, words like ``wanton 
violence.'' I looked that up in the dictionary because under this 
amendment we are giving Federal bureaucrats who are not trained as 
critics of film or critics of television programming the job of 
deciding whether there is wanton violence.
  One of the meanings of ``wanton'' is excessively luxurious. So, 
somebody deciding this could decide to go with that definition. Another 
meaning of ``wanton'' is without adequate motive or provocation. These 
words carry different meanings for different people. The Senator from 
Kentucky has his definition of gratuitous violence, of wanton violence. 
The dictionary has another. Who knows what the bureaucrat at the FAA 
will decide violence is, when it is up to him to decide whether his 
property could be used, or a bureaucrat at the Department of the 
Interior?
  I got a call from a Republican friend who said: Senator, I hope you 
fight this. We couldn't make a western, we couldn't make a war movie. 
What about a movie that talks about a family in which there are violent 
relationships and these all get resolved in the movie? Some of the 
scenes are rough and difficult, but there is a purpose.
  I am sure my friend would say that is not gratuitous, but that is his 
opinion. It might not be the opinion of the bureaucrat sitting in the 
agency or department that he is now charging with becoming a film 
critic.
  Mr. McCONNELL. Will the Senator yield?
  Mrs. BOXER. I yield on the Senator's time.
  Mr. McCONNELL. I don't have that much time. I ask the Senator if she 
thinks the standards that currently apply and are used by DOD and 
mandated by statute for the Coast Guard, which are very subjective, 
should be repealed?
  Mrs. BOXER. I am addressing the Senator's amendment and the Senator's 
amendment says any department. It uses the words ``wanton, 
gratuitous.'' I think these words are very, very subjective. It is the 
reason I didn't vote for Senator Hollings' amendment when he came to 
the floor--it was the same idea.
  My constituents are concerned this amendment would potentially 
prevent war movies, westerns, or stories about abusive relationships 
which find peace and harmony in the end from being filmed on Federal 
property. It gives bureaucrats in many Federal agencies the authority 
to decide what violence is.
  I didn't run here for this job to be an art critic. That is why when 
we criticize the art world, I think we have to be very careful, because 
we are not art critics. Most Members are pretty good at what we do, but 
we are not art critics; neither is a bureaucrat over at Interior or FAA 
or any of the other departments that will now deal with this.
  I say, as a parent and a grandparent, I do not want to give this kind 
of power, this kind of job to an elected, let alone an unelected, 
person sitting at some Federal agency. I think it is pretty incredible. 
I do not know where we go from here, I say to the good Senator.
  Why not, if you want to take this to the ultimate extreme, then say 
private property cannot be used, private property cannot be used for 
this purpose, and tell the people of America how they should use their 
private property? Where do you stop? This is a slippery slope.
  We all know that every one of us has to look inside ourselves and do 
something about this problem of violence. Whether you are a parent or a 
grandparent or a Senator, whether you are in the movie business, in the 
TV business, whether you are in the video game business, we all have an 
obligation--or whether you are a firearms manufacturer. The bottom line 
is we all have to do more.
  But to then say that bureaucrats in the Federal Government are going 
to make these subjective decisions? I want the people at FAA to fly the 
planes. I want the people at the Department of the Interior to take 
care of the parks. I want the people at the Department of 
Transportation to regulate transportation. I do not want to give them 
this job of deciding for the people of America what the definition of 
``wanton'' is; or ``gratuitous,'' for that matter.
  The PRESIDING OFFICER. The Senator's 5 minutes has expired.
  Mrs. BOXER. I ask for 1 additional minute, and then I will conclude.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. BOXER. I was involved in this debate once over at the Committee 
on Commerce. I will never forget this experience, I say to my friend. 
Word came over from a Congressman--because he wanted the Government to 
do a rating system, he wanted to give the job to the Government--one 
Congressman thought ``Schindler's List'' was obscene. Others thought 
``Schindler's List'' was one of the best movies ever made and it would 
be important for our children to learn about the Holocaust.

[[Page 10194]]

  Why do I say this? Because it shows how subjective it is. I do not 
want Federal Government employees who are not trained as critics to 
become movie critics and TV critics.
  I thank my colleague for yielding me this additional time. I yield 
the floor.
  The PRESIDING OFFICER. Who yields time?
  Mr. LEAHY. Mr. President, how much time does the Senator from Vermont 
have?
  The PRESIDING OFFICER. The Senator has 6 minutes remaining.
  Mr. LEAHY. Wait a minute, Mr. President. I yielded the Senator a 
total of 6 minutes, the Senator from California, out of 15 minutes. How 
do I have 6 minutes?
  The PRESIDING OFFICER. The Senator used 2 minutes before yielding to 
the distinguished Senator from California.
  Mr. LEAHY. I see. Fast clock.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Mr. President, this amendment prohibits any Federal 
agency, such as the Marines, Army, Navy, or Air Force, from granting 
permission to use Federal property or resources or cooperating if the 
motion picture or TV show to be produced ``glorifies or endorses wanton 
and gratuitous violence.'' If any portion of the movie uses any Federal 
property, the entire movie is subject to Federal scrutiny
  Federal agencies, other than the military, would be given these new 
censorship powers, too. The Department of Agriculture could determine 
if it is on forest lands or rights of way of the Interior Department 
and otherwise. Could they have kept ``North By Northwest'' with Cary 
Grant off because the visitors center scene at Mount Rushmore was in 
it? What about ``Fargo''? What about the Presidio military base in San 
Francisco that was used as a setting for the Sean Connery movie, ``The 
Presidio''? This amendment is flawed. What glorifies violence is in the 
eye of the beholder.
  Even movies, like legislation, have last-minute changes. Would you 
have to have a Department of Agriculture bureaucrat sitting there all 
the way through? Many scenes in the movie ``Top Gun'' would have had to 
be carefully monitored during production to ensure they did not glorify 
violence. The naval base that was used was Miramar in California.
  The fight in ``An Officer and a Gentleman'' also might be considered 
excessive by some. What about the gratuitous punch by Jimmy Stewart in 
``Mr. Smith Goes to Washington''? ``The Treasure of the Sierra Madre,'' 
uses the vast national forest lands in its filming, even though most of 
it was filmed in Mexico. Could part of it be knocked out?
  There are only exceptions for news and public service announcements, 
but any movie that is a historical depiction of a war would be subject 
to agency bureaucrats deciding whether violence was gratuitous or 
glorifies violence. Sponsors may say: Let them go somewhere else and do 
their filming, let them go to private property or parklands or military 
bases. I think that is a shortsighted response. Some may want to use 
that property to be authentic.
  I am concerned how this is going to work. Do we turn over our 
scripts? If you are a movie producer or maker, do you turn over the 
script to the Department of Agriculture, Department of the Interior, 
Department of Defense first and decide whether it is safe? We may not 
like all that we see from Hollywood. But I have no confidence in the 
decisions the agency censors make. I am perfectly capable of censoring 
what I see. I was perfectly capable, when my children were young, to 
censor what they saw. But I do not want an official, however well 
intentioned, in the Department of Agriculture or the Department of 
Defense or the Department of the Interior, to determine what I see.
  I retain the remainder of my time.
  The PRESIDING OFFICER. Who yields time?
  Mr. HATCH. I want to thank the Senator from Kentucky for his 
amendment. I just want to be clear on one matter, however. It is my 
understanding that lands under the BLM, Park Service, and Forest 
Service are in no way covered or affected by the amendment because they 
do not consider subjective criteria when determining whether to 
cooperate or grant permits to a film or TV production. Is that correct?
  Mr. McCONNELL. This is correct.
  Mr. HATCH. How much time remains on both sides?
  The PRESIDING OFFICER. The Senator has 2 minutes 56 seconds in 
opposition to the amendment and 1 minute 47 seconds on the proponents.
  Mr. HATCH. I ask unanimous consent to make that 3 minutes on the side 
of Senator McConnell and an equivalent amount of extra time on the side 
of the minority.
  The PRESIDING OFFICER. Is there objection?
  Mr. LEAHY. I didn't hear the request.
  Mr. HATCH. I made a unanimous consent request to give Senator 
McConnell 3 minutes, which would give him another minute and a half, 
and give you an equal amount of time on your side.
  Mr. LEAHY. You are asking for an extra minute and a half----
  Mr. HATCH. For Senator McConnell.
  Mr. LEAHY. And an extra minute and a half for this side?
  Mr. HATCH. For you.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. McCONNELL. Mr. President, I would like to respond that the 
observations made by the other side have nothing to do with the 
amendment, nothing whatsoever to do with the amendment.
  Any movie company is free to go make a movie anywhere it wants to in 
the country and say anything it wants to and be as depraved as it wants 
to be without interference from Government. This amendment is only 
related to the use of Federal property.
  In many federal agencies and departments there are subjective 
standards being used now to approve or deny cooperation with film 
production companies. The thing the Senator from Vermont and the 
Senator from California are complaining about is already occurring. The 
Department of Defense has very subjective standards it applies to 
movies now. For example, it did not allow ``GI Jane'' to be made on 
Federal property or with DOD assistance. It did not keep the movie from 
being made, but the Defense Department did not like it; it had a very 
subjective standard. They said go make your movie somewhere else. They 
liked ``Top Gun.'' They allowed it to be made. There is a very 
subjective standard that applies now.
  DOD considers whether a production ``appears to condone or endorse 
activities that are contrary to U.S. Government policy.'' That is 
clearly very subjective. Factors in NASA's policy include whether the 
story is reasonably plausible, does not advocate or glorify unlawful 
acts or present as factual history things which did not take place--
that is fairly subjective.
  At the Coast Guard, under statute, the Coast Guard does not provide 
facilities or assistance to film producers unless the Guard determines 
it is ``appropriate''--very subjective--and that it will not interfere 
with Coast Guard missions.
  Mr. President, a movie company now does not have the inalienable 
right or constitutional right to come onto Federal property and do 
anything it wants to. All we are saying, to Federal agencies that have 
either a policy or a statute giving them the authority to clear these 
movies for content--and we've seen that some have them now--that they 
simply add to the list of subjective evaluations they already make a 
consideration of wanton and gratuitous violence. Surely our colleagues 
who have spoken on the other side of this are not arguing we ought to 
repeal the current standards because they are very subjective. Maybe 
they do not want any standard at all to apply with respect to the use 
of Federal property.
  With regard to the parks system, they do not currently have 
subjective criteria and standard, so this would not apply to them. They 
are clearly outside of this.
  This is a very narrowly crafted message to Hollywood not to produce 
this

[[Page 10195]]

kind of gratuitous and wanton violence on Federal property with federal 
cooperation. It certainly does not take away anybody's constitutional 
right to go out and act in as awful a manner as they want to and put it 
on film. They just wouldn't be able to do it on Federal property.
  I reserve the remainder of my time.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Mr. President, we are well aware of what the military 
does. The military will permit use--in fact, some suggest even will 
help underwrite, indirectly, the costs of a film if it makes the 
military look good.
  The military has been known in the past to withdraw support, even 
classic films, if they suggest the military may have made a mistake 
anywhere--Vietnam or anywhere else. We have seen that kind of 
censorship.
  I understand they are using military areas. I do not necessarily 
agree with it. I think they have been very sensitive with that, but 
then the military is used to censorship. They do it with the news. They 
did it during the gulf war. They did it during Vietnam. I suspect they 
are doing it now.
  What I am concerned about, though, is when you talk about the vast 
forest land and somebody one day in the Department of Agriculture, who 
works on, I don't know, dairy price supports, and the next day is going 
to be the person to censor what goes in that movie, whether that forest 
can be the background or, if it is out west where the Department of the 
Interior controls so much land--I can think of movies, shoot 'em ups, 
with Ronald Reagan galloping by the sites in areas controlled by the 
Department of the Interior. It might have been declined because 
somebody did not like him. Maybe somebody who normally does fishing 
permits in the Department of the Interior will determine what movies 
will be made or what they like or do not like.
  We open ourselves to a strange area. Those who are opposed to wanton 
violence should do as I do--don't go to those movies. Nothing votes 
better than your checkbook. If you do not want your children to go to 
them, do not let your children go to them. Stop the checkbook. That is 
the way to do it.
  Do not put our Department of Agriculture and Department of the 
Interior and others into censorship. Do not let them make some of the 
mistakes the Department of Defense has made in the past in refusing 
permission for something because they are afraid it will show a general 
or a colonel or admiral making a mistake, because we all know they 
never do. I can see them deciding it might be gratuitous violence to 
show--oh, I don't know--maybe when their bombs go astray and hit the 
Chinese Embassy. We know they never make a mistake like that, but they 
may say this is gratuitous violence, so they are not going to allow any 
help in making such a movie.
  I retain the remainder of my time.
  Mr. McCONNELL. Mr. President, how much time do I have remaining?
  The PRESIDING OFFICER. Thirty-four seconds.
  Mr. McCONNELL. Mr. President, it is interesting, in Hollywood 
lobbying efforts, they always scream censorship. This amendment has 
nothing to do with censorship. It has to do with the use of Federal 
property and federal assistance, which is a privilege, not a right.
  The Federal Government, through various departments and agencies, 
already has very subjective standards. We are simply adding to those 
kinds of standards one more factor--wanton and gratuitous violence. No 
movie company in America has a right to use any and all Federal 
property and to get federal assistance anyway. We are just adding one 
more criterion.
  This is a very reasonable amendment. I hope it will be approved by my 
colleagues.
  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. LEAHY. Mr. President, how much time do I have?
  The PRESIDING OFFICER. One minute 17 seconds.
  Mr. LEAHY. Mr. President, I can think of some ads I see on local TV 
at night that are not violent but I find of a personal nature 
offensive, some of which are filled with backgrounds of Government 
land. Should we start taking those out?
  The fact is, we have a lot of Government sites. Do we stop a movie, 
for example, that is filmed with somebody driving down Pennsylvania 
Avenue because the Department of the Interior, the Justice Department, 
and other Government buildings are seen in the background? Do we make 
sure there is never any depiction of the Capitol? One of the most 
violent things was ``Independence Day'' when a model of the Capitol was 
blown up. There may have been exterior shots actually made of the 
Capitol prior to that time. Does that go out?
  I suggest these because we are getting into a terribly subjective 
area, and we are asking people who are trained to do very good things 
for our Government, whether it is fishing permits, lands permits, or 
agricultural subsidies--they are not trained, nor should they be, in 
this Nation especially to be censors.
  I know the time of the Senator from Kentucky has expired. I yield 
back all my remaining time.
  Mr. McCONNELL. I ask for the yeas and nays on the amendment.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  The PRESIDING OFFICER. Under the previous order, the Senator from 
California is recognized for 10 minutes.


                           Amendment No. 319

 (Purpose: To reduce both juvenile crime and the risk that youth will 
become victims of crime and to improve academic and social outcomes for 
 students by providing productive activities during after school hours)

  Mrs. BOXER. Mr. President, I call up amendment No. 319. It is at the 
desk.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from California [Mrs. Boxer] proposes an 
     amendment numbered 319.

  Mrs. BOXER. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the appropriate place, insert the following:
          TITLE   . AFTER SCHOOL EDUCATION AND ANTI-CRIME ACT.

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``After School Education and 
     Anti-Crime Act of 1999''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to improve academic and social 
     outcomes for students and reduce both juvenile crime and the 
     risk that youth will become victims of crime by providing 
     productive activities during after school hours.

     SEC. 3. FINDINGS.

       Congress makes the following findings:
       (1) Today's youth face far greater social risks than did 
     their parents and grandparents.
       (2) Students spend more of their waking hours alone, 
     without supervision, companionship, or activity, than the 
     students spend in school.
       (3) Law enforcement statistics show that youth who are ages 
     12 through 17 are most at risk of committing violent acts and 
     being victims of violent acts between 3 p.m. and 6 p.m.
       (4) The consequences of academic failure are more dire in 
     1999 than ever before.
       (5) After school programs have been shown in many States to 
     help address social problems facing our Nation's youth, such 
     as drugs, alcohol, tobacco, and gang involvement.
       (6) Many of our Nation's governors endorse increasing the 
     number of after school programs through a Federal/State 
     partnership.
       (7) Over 450 of the Nation's leading police chiefs, 
     sheriffs, and prosecutors, along with presidents of the 
     Fraternal Order of Police and the International Union of 
     Police Associations, which together represent 360,000 police 
     officers, have called upon public officials to provide after 
     school programs that offer recreation, academic support, and 
     community service experience, for school-age children and 
     teens in the United States.
       (8) One of the most important investments that we can make 
     in our children is to ensure that they have safe and positive 
     learning environments in the after school hours.

     SEC. 4. GOALS.

       The goals of this Act are as follows:
       (1) To increase the academic success of students.
       (2) To promote safe and productive environments for 
     students in the after school hours.

[[Page 10196]]

       (3) To provide alternatives to drug, alcohol, tobacco, and 
     gang activity.
       (4) To reduce juvenile crime and the risk that youth will 
     become victims of crime during after school hours.

     SEC. 5. PROGRAM AUTHORIZATION.

       Section 10903 of the 21st Century Community Learning 
     Centers Act (20 U.S.C. 8243) is amended--
       (1) in subsection (a)--
       (A) in the subsection heading, by inserting ``to Local 
     Educational Agencies for Schools'' after ``Secretary''; and
       (B) by striking ``rural and inner-city public'' and all 
     that follows through ``or to'' and inserting ``local 
     educational agencies for the support of public elementary 
     schools or secondary schools, including middle schools, that 
     serve communities with substantial needs for expanded 
     learning opportunities for children and youth in the 
     communities, to enable the schools to establish or''; and
       (C) by striking ``a rural or inner-city community'' and 
     inserting ``the communities'';
       (2) in subsection (b)--
       (A) by striking ``States, among'' and inserting ``States 
     and among''; and
       (B) by striking ``United States,'' and all that follows 
     through ``a State'' and inserting ``United States''; and
       (3) in subsection (c), by striking ``3'' and inserting 
     ``5''.

     SEC. 6. APPLICATIONS.

       Section 10904 of the 21st Century Community Learning 
     Centers Act (20 U.S.C. 8244) is amended--
       (1) by redesignating subsection (b) as subsection (c);
       (2) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) in the first sentence, by striking ``an elementary or 
     secondary school or consortium'' and inserting ``a local 
     educational agency''; and
       (ii) in the second sentence, by striking ``Each such'' and 
     inserting the following:
       ``(b) Contents.--Each such''; and
       (3) in subsection (b) (as so redesignated)--
       (A) in paragraph (1), by striking ``or consortium'';
       (B) in paragraph (2), by striking ``and'' after the 
     semicolon; and
       (C) in paragraph (3)--
       (i) in subparagraph (B), by inserting ``, including 
     programs under the Child Care and Development Block Grant Act 
     of 1990 (42 U.S.C. 9858 et seq.)'' after ``maximized'';
       (ii) in subparagraph (C), by inserting ``students, parents, 
     teachers, school administrators, local government, including 
     law enforcement organizations such as Police Athletic and 
     Activity Leagues,'' after ``agencies,'';
       (iii) in subparagraph (D), by striking ``or consortium''; 
     and
       (iv) in subparagraph (E)--

       (I) in the matter preceding clause (i), by striking ``or 
     consortium''; and
       (II) in clause (ii), by striking the period and inserting a 
     semicolon; and

       (E) by adding at the end the following:
       ``(4) information demonstrating that the local educational 
     agency will--
       ``(A) provide not less than 35 percent of the annual cost 
     of the activities assisted under the project from sources 
     other than funds provided under this part, which contribution 
     may be provided in cash or in kind, fairly evaluated; and
       ``(B) provide not more than 25 percent of the annual cost 
     of the activities assisted under the project from funds 
     provided by the Secretary under other Federal programs that 
     permit the use of those other funds for activities assisted 
     under the project; and
       ``(5) an assurance that the local educational agency, in 
     each year of the project, will maintain the agency's fiscal 
     effort, from non-Federal sources, from the preceding fiscal 
     year for the activities the local educational agency provides 
     with funds provided under this part.''.

     SEC. 7. USES OF FUNDS.

       Section 10905 of the 21st Century Community Learning 
     Centers Act (20 U.S.C. 8245) is amended--
       (1) by striking the matter preceding paragraph (1) and 
     inserting:
       ``(a) In General.--Grants awarded under this part may be 
     used to establish or expand community learning centers. The 
     centers may provide 1 or more of the following activities:'';
       (2) in subsection (a)(11) (as redesignated by paragraph 
     (1)), by inserting ``, and job skills preparation'' after 
     ``placement''; and
       (3) by adding at the end the following:
       ``(14) After school programs, that--
       ``(A) shall include at least 2 of the following--
       ``(i) mentoring programs;
       ``(ii) academic assistance;
       ``(iii) recreational activities; or
       ``(iv) technology training; and
       ``(B) may include--
       ``(i) drug, alcohol, and gang prevention activities;
       ``(ii) health and nutrition counseling; and
       ``(iii) job skills preparation activities.
       ``(b) Limitation.--Not less than \2/3\ of the amount 
     appropriated under section 10907 for each fiscal year shall 
     be used for after school programs, as described in paragraph 
     (14). Such programs may also include activities described in 
     paragraphs (1) through (13) that offer expanded opportunities 
     for children or youth.''.

     SEC. 8. ADMINISTRATION.

       Section 10905 of the 21st Century Community Learning 
     Centers Act (20 U.S.C. 8245) is amended by adding at the end 
     the following:
       ``(c) Administration.--In carrying out the activities 
     described in subsection (a), a local educational agency or 
     school shall, to the greatest extent practicable--
       ``(1) request volunteers from business and academic 
     communities, and law enforcement organizations, such as 
     Police Athletic and Activity Leagues, to serve as mentors or 
     to assist in other ways;
       ``(2) ensure that youth in the local community participate 
     in designing the after school activities;
       ``(3) develop creative methods of conducting outreach to 
     youth in the community;
       ``(4) request donations of computer equipment and other 
     materials and equipment; and
       ``(5) work with State and local park and recreation 
     agencies so that activities carried out by the agencies prior 
     to the date of enactment of this subsection are not 
     duplicated by activities assisted under this part.

     SEC. 9. COMMUNITY LEARNING CENTER DEFINED.

       Section 10906 of the 21st Century Community Learning 
     Centers Act (20 U.S.C. 8246) is amended in paragraph (2) by 
     inserting ``, including law enforcement organizations such as 
     the Police Athletic and Activity League'' after 
     ``governmental agencies''.

     SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       Section 10907 of the 21st Century Community Learning 
     Centers Act (20 U.S.C. 8247) is amended by striking 
     ``$20,000,000 for fiscal year 1995'' and all that follows and 
     inserting ``$600,000,000 for each of fiscal years 2000 
     through 2004, to carry out this part.''.

     SEC. 11. EFFECTIVE DATE.

       This Act, and the amendments made by this Act, take effect 
     on October 1, 1999.

  Mrs. BOXER. I thank the Chair.
  Mr. President, my amendment calls for an expansion of afterschool 
programs. The purpose of the juvenile justice bill is to cut down on 
crime, and the debate has been, how do we do that?
  There are many ways of cutting down on juvenile crime. Certainly one 
is the gun control amendments which we have been debating and which 
have received a lot of attention. Another is tough enforcement, tougher 
penalties. We have been doing that. And another is prevention. I 
believe this bill is short on prevention. There is not anything in this 
bill that specifically talks about afterschool programs.
  I share with my colleagues a chart, which is basically from the FBI, 
which shows when juvenile crime is committed. One does not need a 
degree in chart reading to see what is happening. At 3 o'clock the 
crime rate goes up, and it does not go down until the parents start 
coming home from work. We know it is very important in that period of 
time to look at ways to keep our kids out of trouble. One proven way is 
afterschool programs.
  Right now, we do have afterschool programs funded by the Federal 
Government, but we are falling short. Out of the 2,000 school districts 
that applied for afterschool Federal assistance, only 287 applications 
were awarded grants because of the lack of funds.
  President Clinton understood this. In his budget, he asked us to 
authorize $600 million. That is what my amendment does. It authorizes 
$600 million. It allows us to accommodate 1.1 million children, many of 
whom are waiting on line to get into afterschool programs. These are 
mentoring programs, academic assistance, recreational activities, drug-
alcohol prevention programs, et cetera.
  The American people understand the importance of afterschool 
programs. I want my colleagues to see this. Senator Lautenberg said 89 
percent of the people supported closing the gun show loophole. Mr. 
President, 92 percent of the people favor afterschool programs. We have 
a chance to do what the American people want us to do.
  Law enforcement supports our afterschool program, as do over 450 
police chiefs, sheriffs, and prosecutors. It is important to look at 
this list because they are from all over the country.
  Let's see what the Police Activities League says about afterschool 
programs. In a letter of endorsement, they write:

       Afterschool youth development programs, like those proposed 
     in your amendment, have been shown to cut juvenile crime 
     immediately, sometimes by 40 to 75 percent.

  I need to say this again. Law enforcement is telling us that 
afterschool programs cut violent crime by children

[[Page 10197]]

down by 40 to 75 percent. Name one other thing we have in this bill 
that can have such a dramatic impact immediately on our children.
  I saw an interesting letter to the editor in today's Los Angeles 
Times. It is from the Republican mayor of that city, Richard Riordan. 
He says:

       Studies have shown that LA's best--

  Which is their afterschool program--

     students enjoy school more, show improvement in their grades 
     and feel safe. The kids do better at school. They do better 
     in all the various schools across this Nation, because they 
     have afterschool.

  Mr. President, how much time do I have remaining?
  The PRESIDING OFFICER. Forty-four seconds.
  Mrs. BOXER. I reserve the remainder of my time.
  The PRESIDING OFFICER. Who yields time in opposition?
  Mr. HATCH. Let me just say a few words.
  I must object to the amendment of the Senator from California. I 
appreciate the necessity of afterschool programs. I am aware that the 
21st Century Learning Centers program supports several efforts in my 
home State of Utah.
  The Senator's amendment, however, increases the program's 
authorization from $20 million annually to $600 million annually. That 
adds up to $3 billion over 5 years. The entire underlying bill, which 
we have been working on for 2 years, only authorizes a little over $1 
billion in spending a year--our whole bill.
  Again, I express my concerns with attempting to solve a problem by 
simply throwing more money at it. This amendment attempts to throw $3 
billion at a problem our underlying bill will solve because it is 
effectively written and we know what to do with the money. Our 
underlying bill will solve many of the problems this amendment by the 
distinguished Senator from California addresses, without spending such 
an inordinate amount or settled amount on a single program.
  Finally, the Labor Committee is undertaking reauthorization of the 
ESEA this year. Let that committee do its job in a thoughtful and 
reasonable way. That would be the place for the distinguished Senator 
to make her case when that comes up, both in the Labor Committee and on 
the floor.
  I yield such time as he may need to the distinguished chairman of the 
Labor Committee.
  Mr. JEFFORDS. Mr. President, I rise in opposition to this amendment. 
I agree very strongly with Senator Boxer's goal of increasing the 
availability of positive, engaging activities for school-aged children 
and youth during the nonschool hours. This is a very important issue 
that cannot, and should not, be decided within the context of a floor 
amendment on the juvenile justice legislation.
  Even without this year's Elementary and Secondary Education Act 
reauthorization, I would have reservations about this amendment. But we 
do have the Elementary and Secondary Education Act reauthorization in 
progress, and that is the time when this amendment, or something 
similar to it, ought to be considered.
  As the author of the original 21st Century Community Learning Centers 
Act, I have an enormous interest in any changes to this legislation, 
much less changes as dramatic as those proposed in this amendment.
  When Congressman Steve Gunderson and I drafted the 21st Century 
Learning Centers legislation, our purpose was to promote the broader 
use of school facilities, equipment, and resources. Our largest 
investment in education is for buildings and equipment, and in most 
communities these resources are closed more than they are open.
  By encouraging schools to share their facilities, equipment, and 
other resources to meet the broader needs of the community, these 
centers can expand educational and social service opportunities for 
everyone in the community.
  Until 2 years ago, the Clinton administration failed to support the 
21st Century Community Learning Centers, even to the point of 
repeatedly requesting that funds for the program appropriated by 
Congress be rescinded.
  Then, last year, the administration, through the competitive grants 
process, substantially changed the focus and indeed, the very nature, 
of the 21st Century Community Learning Centers program. Overnight, this 
initiative to expand the use of existing facilities became an 
afterschool program, almost to the exclusion of the multi-purpose 
community centers which were envisioned when I wrote the legislation.
  This dramatic change in direction for the 21st Century Community 
Learning Centers program raises questions which must be answered before 
we can consider such a huge expansion of the program. We will be doing 
that during the reauthorization of the Elementary and Secondary 
Education Act, which is now being considered in the Committee on 
Health, Education, Labor and Pensions. We need to address questions 
such as: Can the legislation still serve the purposes for which it was 
originally intended, with the current, overwhelming focus on providing 
afterschool programs? If it is to be an afterschool program, are there 
changes needed in the legislation to make it more effective?
  If this program is to serve primarily as an afterschool program, 
where do community organizations such as the Boys and Girls Clubs, 
YMCAs, fit in? Public schools currently provide less than one-third of 
the afterschool care, with other community groups providing most of the 
care.
  The current grant program clearly demonstrates that schools are, by 
and large, failing to coordinate their afterschool services with those 
of other care providers in the community. And the Boxer amendment does 
nothing but perpetuate that situation. The amendment by Senator Boxer 
proposes changes that will eviscerate the act.
  The PRESIDING OFFICER. The time in opposition to the amendment has 
expired.
  Mr. JEFFORDS. Thank you, I yield the floor.
  Mr. KENNEDY. Mr. President, the 1992 Carnegie Corporation report, ``A 
Matter of Time,'' called for a major national investment in after-
school programs for youth. It said, ``Risk can be transformed into 
opportunity for our youth by turning their non-school hours into the 
time of their lives.''
  But, we have not done enough to give children the kind of 
opportunities they need after school. Just ask children if this is 
true.
  Amy, age 14, said ``Sometimes there are so many things you can't do. 
I can't have company or leave the house. If I talk on the phone, I 
can't let anyone know I'm here alone. But I really think they've 
figured it out, you know.''
  Cindy, age 16, said, ``We need someone to listen to us--really take 
it in. I don't have anybody to talk to, so when I have a problem 
inside, I just have to deal with it myself. I wish there would be more 
adults that ask questions because that shows that they care and want to 
know more.''
  Each day, 5 million children, many as young as 8 or 9 years old, are 
left home alone after school. Children unsupervised are more likely to 
be involved in anti-social activities and destructive patterns of 
behavior.
  We also know that juvenile delinquent crime peaks in the hours 
between 3 p.m. and 8 p.m. A recent study of gang crimes by juvenviles 
in Orange County, California, shows that 60 percent of all juvenile 
gang crimes occur on school days and peak immediately after school 
dismissal.
  We need to do all we can to encourage communities to develop 
activities that will engage children and keep them off the streets, 
away from drugs, and out of trouble.
  Crime survivors, law enforcement representatives, and prosecutors 
have joined together in calling for a substantial federal investment in 
after-school activities. Over 450 of the nation's leading police 
chiefs, sheriffs, prosecutors, and leaders of local fraternal orders of 
police, which represent over 360,000 police officers, have called upon 
public officials to provide more after-school programs for school-age 
children.
  Clearly, financial assistance is needed for such activities in states 
across the country. Too often, parents cannot

[[Page 10198]]

afford the thousands of dollars a year required to pay for after-school 
care, if it exists at all. In Massachusetts, 4,000 eligible children 
are on waiting lists for after-school care, and tens of thousands more 
have parents who have given up on getting help. Nationwide, half a 
million eligible children are on waiting lists for federal child care 
subsidies. The need for increased opportunities is obvious and this 
amendment helps to meet it.
  Senator Boxer's plan will triple the funds for the 21st Century 
Community Learning Center initative so that more than 1 million 
children each year will have access to safe and constructive after-
school activities. It also strengthens the current program by including 
mentoring, academic assistance, and anti-drug, anti-alcohol, and anti-
gang activities as allowable uses of the funds.
  Additional federal support is essential for communities across the 
country. This year, the initiative was funded at $200 million. Over 
2,000 applicants from across the country submitted proposals to the 
U.S. Department of Education for that assistance--but only 184 new 
grants could be funded. We must do more to meet the high demand for 
after-school programs across the country.
  Communities are working hard to provide these after-school activities 
for children--but they can't do it alone. They want Uncle Sam to be a 
strong partner in the effort.
  Boston's 2:00-to-6:00 After-School Initiative was created in 1998 to 
expand and enhance quality after-school programs across the city. It 
has already succeeded in increasing the number of school-based after-
school programs by nearly 50 percent. A total of 43 programs now serve 
over 2,000 students. This year, Mayor Menino has pledged to open 20 
more school-based programs. Boston and communities like it throughout 
the country deserve more assistance in meeting these needs.
  Federal support under the 21st Century Community Learning Centers 
program is helping to meet these needs. Last year, Boston received 
$305,000 to help the Lewis Middle School and the Tobin Community Middle 
School in Roxbury, and the Martin Luther King Jr. Middle School in 
Dorchester to create after-school programs for children.
  Springfield received $315,000 to expand their ``Time Out for 
Communities'' initiative that is helping the Springfield Public Schools 
to provide after-school programs to 15,000 students, in conjunction 
with the Springfield Libraries and Museums, the YMCA, Springfield 
College, and other organizations in the community.
  Worcester received $3.6 million over 3 years to support ten community 
centers that will serve 4,000 students and 5,000 community members. The 
Worcester after-school program, called the ``Community Learning Centers 
for Worcester's Children of Promise,'' will provide a wide range of 
services, including academic support to help students meet state 
academic standards; drug and violence prevention programs; information 
on family health; day care for school-age children; tutoring and 
mentoring; access to technology for students and their families; summer 
activities; and adult education.
  But much more needs to be done in Massachusetts and across the 
country, if we are going to keep children safe and help them succeed in 
school.
  We know that after-school programs work. In Waco, Texas, students 
participating in the Lighted Schools program have demonstrated 
improvement in school attendance and decreases in juvenile delinquent 
behavior over the course of the school year. Juvenile crimes have 
dropped citywide by approximately 10 percent since the program began.
  The Baltimore City Police Department saw a 44 percent drop in the 
risk of children becoming victims of crime after opening an after-
school program in a high-crime area. A study of the Goodnow Police 
Athletic League center in Northeast Baltimore found that juvenile 
arrests dropped by 10 percent, the number of armed robberies dropped 
from 14 to 7, assaults with handguns were eliminated, and other 
assaults decreased from 32 to 20 from 1995 to 1998.
  In addition to improved youth behavior and safety, quality after-
school programs also lead to better academic achievement by students. 
At the Beech Street School in Manchester, New Hampshire, the after-
school program has improved reading and math scores of students. In 
reading, the percentage of students scoring at or above the basic level 
increased from 4 percent in 1994 to one-third in 1997. In math, the 
percentage of students scoring at the basic level increased from 29 
percent to 60 percent. In addition, Manchester saved an estimated 
$73,000 over three years because students participating in the after-
school program avoided being retained in grade or being placed in 
special education.
  One student in the Manchester program said, ``I used to hate math. It 
was stupid. But when we started using geometry and trigonometry to 
measure the trees and collect our data, I got pretty excited. Now I'm 
trying harder in school.''
  In Georgia, over 70 percent of students, parents, and teachers agreed 
that children received helpful tutoring through The 3:00 Project, a 
statewide network of after-school programs. Over 60 percent of 
students, parents, and teachers agreed that children completed more of 
their homework and the homework was better prepared because of their 
participation in the program.
  One 7th-grade student from Georgia said, ``I just used to hang out 
after-school before coming to The 3:00 Project. Now I have something to 
do and my school work has improved!''
  In 1996, over half of the students who attended Chicago's summer 
program raised their test scores enough to proceed in high school.
  As Mayor Daley of Chicago said, ``Instead of locking youth up, we 
need to unlock their potential. We need to bring them back to their 
community and provide the guidance and support they need.''
  We should do all we can to improve and expand after-school 
opportunities--the nation's children deserve no less.
  Mrs. BOXER addressed the Chair.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. BOXER. Mr. President, I ask unanimous consent that I be given an 
additional minute to the 44 seconds.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mrs. BOXER. I thank my friends.
  Frankly, I am kind of surprised to see my friends on the Republican 
side disagree so strongly with law enforcement in this country. There 
is a reason we put this on the juvenile justice bill. It is because we 
know that kids get into trouble after school. You do not need a degree 
in criminology, psychology, or any other ``ology'' to understand that 
is what is happening.
  When I held crime meetings, town meetings, all throughout the State 
of California, the one thing I can tell you the law enforcement people 
told me--and that is why the National Sheriffs Association supports our 
amendment--Senator, when we get them, it is too late. When we get them, 
it is too late. Prevent the crime first.
  It goes to the next chart.
  Three o'clock, that is when it happens, folks. They get out of 
school; they have no place to go; they get in trouble. I am stunned to 
see the Senator from Vermont once again opposing this. This isn't a new 
program; it is an expansion of the program that was started by 
President Clinton. And guess what, I say to my friend. They can only 
fund a minuscule proportion of the applications from the school 
districts coming from all over the country.
  What we would do in this amendment is allow those applications to be 
funded. This is nothing new. This is nothing extraordinary. It is 
expanding this program--the same program --to meet the incredible need.
  I agree with law enforcement on this one: Keep our kids busy and 
happy after school. We will see that crime rate go down.
  Thank you very much, Mr. President.
  The PRESIDING OFFICER. All time has expired on the amendment.
  Mr. CHAFEE. Let's vote.
  Mr. HATCH. Mr. President, I suggest the absence of a quorum.

[[Page 10199]]

  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. HATCH. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 364

  Mr. HATCH. Mr. President, am I correct, the first vote is the 
Wellstone amendment?
  The PRESIDING OFFICER. That is the first amendment that will be voted 
on.
  Mr. HATCH. Mr. President, I move to table the amendment and ask for 
the yeas and nays, and I request at the same time that the following 
two votes be 10 minutes each.
  The PRESIDING OFFICER. Is there objection to the unanimous consent 
request?
  Mr. WELLSTONE. Can I ask one question: Do we have a minute each, or 
are we not doing that?
  Mr. HATCH. We have been debating all night. We will be glad to have 2 
minutes before each amendment.
  Mr. WELLSTONE. I just wanted to know. I prefer to have 1 minute to 
summarize.
  Mr. HATCH. Let me defer my motion to table and go for 2 minutes 
equally divided.
  The PRESIDING OFFICER. The Senator from Minnesota.
  Mr. WELLSTONE. This amendment simply maintains the current core 
protections in current law. It requires States to study and assess the 
problem of disproportionate minority confinement. It does not require 
quotas. It is not unconstitutional. It does not require States and 
localities to release those in confinement.
  This amendment is about fairness. It is about equal justice under the 
law. This is a civil rights vote.
  The PRESIDING OFFICER. The Senator from Utah.
  Mr. HATCH. I think we have more than adequately answered the 
arguments made by the distinguished presenter of this amendment. We 
yield back the remainder of our time.
  Mr. President, I ask unanimous consent that the first vote be 15 
minutes and that the succeeding two votes be 10 minutes each.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  Mr. HATCH. Mr. President, I move to table the amendment and ask for 
the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  The PRESIDING OFFICER. The question is on agreeing to the motion to 
table amendment No. 364. The clerk will call the roll.
  The legislative clerk called the roll.
  The result was announced--yeas 52, nays 48, as follows:

                     [Rollcall Vote No. 130 Leg.] 

                               YEAS--52 

     Abraham 
     Allard 
     Ashcroft 
     Bennett 
     Bond 
     Brownback 
     Bunning 
     Burns 
     Campbell 
     Cochran 
     Collins 
     Coverdell 
     Craig 
     Crapo 
     DeWine 
     Domenici 
     Enzi 
     Fitzgerald 
     Frist 
     Gorton 
     Gramm 
     Grams 
     Grassley 
     Gregg 
     Hagel 
     Hatch 
     Helms 
     Hutchinson 
     Hutchison 
     Inhofe 
     Kyl 
     Lott 
     Lugar 
     Mack 
     McCain 
     McConnell 
     Murkowski 
     Nickles 
     Roberts
     Roth 
     Santorum 
     Sessions 
     Shelby 
     Smith (NH) 
     Smith (OR) 
     Snowe 
     Stevens 
     Thomas 
     Thompson 
     Thurmond 
     Voinovich 
     Warner 

                               NAYS--48 

     Akaka 
     Baucus 
     Bayh 
     Biden 
     Bingaman 
     Boxer 
     Breaux 
     Bryan 
     Byrd 
     Chafee 
     Cleland 
     Conrad 
     Daschle 
     Dodd 
     Dorgan 
     Durbin 
     Edwards 
     Feingold 
     Feinstein 
     Graham 
     Harkin 
     Hollings 
     Inouye 
     Jeffords 
     Johnson 
     Kennedy 
     Kerrey 
     Kerry 
     Kohl 
     Landrieu 
     Lautenberg 
     Leahy 
     Levin 
     Lieberman 
     Lincoln 
     Mikulski 
     Moynihan 
     Murray 
     Reed 
     Reid 
     Robb 
     Rockefeller 
     Sarbanes 
     Schumer 
     Specter
     Torricelli 
     Wellstone 
     Wyden
  The motion was agreed to.
  Mr. HATCH. Mr. President, I move to reconsider the vote, and I move 
to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 365

  The PRESIDING OFFICER (Mr. Hutchinson). On the McConnell amendment, 
there is 1 minute on each side.
  The Senator from Kentucky.
  Mr. McCONNELL. Mr. President, the amendment we are about to vote on 
is very narrowly drafted to add one additional factor to those Federal 
agencies that have subjective standards they apply prior to allowing 
the shooting of a movie on Federal property.
  The subject of the amendment is the making of movies on Federal 
property and with federal assistance. There are at least three federal 
entities--the Defense Department, NASA, and the Coast Guard--that 
currently have quite subjective standards which they apply to the movie 
industry when asked for permission to make a movie on Federal property 
or with their cooperation and assistance.
  All this amendment does is add one more factor--one, wanton and 
gratuitous violence--to those standards. Bear in mind this amendment 
has no first amendment implications at all. Any movie company that 
wants to make a movie and do anything and say anything and depict 
anything they want to can continue to do that. They just won't do it on 
Federal property.
  This is a mild amendment that sends a message to Hollywood.
  I hope my colleagues will support it.
  Mr. LEAHY. Mr. President, the problem with this, of course, is that 
nobody, when they start out on a movie, knows exactly what form their 
movie is going to be in in the end. Basically what you are saying is 
somebody in the Department of Agriculture--for example, if you want to 
do something on the eastern forest or have eastern forest in the 
background--some bureaucrat in the Department of Agriculture has to 
determine, before you even start filming the movie, what the final 
edited copy of the movie will look like at the end before the decision 
can be made. That person at the Department of Agriculture might do 
dairy price supports one day and Block Buster Steven Spielberg movies 
the next day.
  I understand what my friend from Kentucky wants to do. But the best 
way to censor violence in movies is don't go to violent movies. But 
don't ask somebody at the Department of the Interior who does fishing 
permits, for example, to determine whether a national forest can be 
used as a background somewhere in a movie that has not yet been made.
  The PRESIDING OFFICER. The time has expired. The question is on 
agreeing to the amendment. This will be a 10-minute vote. On this 
question, the yeas and nays have been ordered, and the clerk will call 
the roll.
  The assistant legislative clerk called the roll.
  The result was announced--yeas 67, nays 33, as follows:

                      [Rollcall Vote No. 131 Leg.]

                                YEAS--67

     Abraham
     Allard
     Ashcroft
     Bayh
     Bennett
     Biden
     Bond
     Breaux
     Brownback
     Bryan
     Bunning
     Burns
     Byrd
     Campbell
     Chafee
     Cochran
     Collins
     Conrad
     Coverdell
     Craig
     Crapo
     DeWine
     Dodd
     Domenici
     Dorgan
     Edwards
     Enzi
     Fitzgerald
     Frist
     Gorton
     Gramm
     Grams
     Grassley
     Gregg
     Harkin
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Lieberman
     Lincoln
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Murkowski
     Roberts
     Roth
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Thomas
     Thurmond
     Warner
     Wyden

                                NAYS--33

     Akaka
     Baucus
     Bingaman
     Boxer
     Cleland
     Daschle
     Durbin
     Feingold
     Feinstein
     Graham
     Hagel
     Hollings
     Inouye
     Kerrey
     Landrieu
     Lautenberg
     Leahy
     Levin
     Mikulski
     Moynihan
     Murray
     Nickles
     Reed
     Reid
     Robb
     Rockefeller
     Sarbanes
     Schumer
     Stevens
     Thompson
     Torricelli
     Voinovich
     Wellstone
  The amendment (No. 365) was agreed to.
  Mr. STEVENS. Mr. President, I move to reconsider the vote.

[[Page 10200]]


  Mr. ROBB. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                             Change of Vote

  Mr. KOHL. Mr. President, on the rollcall vote on the McConnell 
amendment No. 365 to S. 254, I voted no. I ask unanimous consent that I 
be recorded as voting in favor of the McConnell amendment. Changing my 
vote will not affect the final outcome of that vote.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.


                           Amendment No. 319

  The PRESIDING OFFICER. The next amendment is the Boxer amendment. 
There are 2 minutes equally divided.
  The Senator from California.
  Mrs. BOXER. Mr. President, all we do in this amendment is authorize 
the amount of money we need to fill the need of all those local school 
districts which have applied for afterschool programs. We know that at 
3 o'clock--this is from the FBI--the crime rate goes up and it does not 
go down until the parents come home from work. We know that afterschool 
programs will prevent crime.
  We also know the reason all these various law enforcement agencies 
support this is that this is the way to stop crime from happening in 
the first place.
  Mr. BYRD. Mr. President, may we have order.
  The PRESIDING OFFICER. The Senate will be in order.
  The Senator from California.
  Mrs. BOXER. Mr. President, we hope to cut down juvenile crime. What 
better way to do it than to listen to law enforcement, including the 
Police Athletic Leagues and the National Sheriffs Association, and so 
many police chiefs who tell us: Senators, prevention is the name of the 
game. Once the kids get into the system, we cannot turn them around.
  If we will vote for this, we will authorize the appropriate amount of 
money the local school districts are telling us meets the needs of 1.2 
million children. I hope my colleagues will support this amendment.
  The PRESIDING OFFICER. The Senator from Utah.
  Mr. HATCH. This adds $3 billion to programs we already covered in our 
prevention programs and does it in a way that has more Federal 
intrusion.
  I move to table the amendment.
  The PRESIDING OFFICER. The question is on agreeing to the motion to 
table amendment No. 319.
  The yeas and nays have been ordered.
  The clerk will call the roll.
  The legislative clerk called the roll.
  The result was announced, yeas 53, nays 47, as follows:

                      [Rollcall Vote No. 132 Leg.]

                                YEAS--53

     Abraham
     Allard
     Ashcroft
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Cochran
     Collins
     Coverdell
     Craig
     Crapo
     DeWine
     Domenici
     Enzi
     Fitzgerald
     Frist
     Gorton
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Jeffords
     Kyl
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Murkowski
     Nickles
     Roberts
     Roth
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner

                                NAYS--47

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Bryan
     Byrd
     Cleland
     Conrad
     Daschle
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham
     Harkin
     Hollings
     Inouye
     Johnson
     Kennedy
     Kerrey
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Moynihan
     Murray
     Reed
     Reid
     Robb
     Rockefeller
     Sarbanes
     Schumer
     Snowe
     Specter
     Torricelli
     Wellstone
     Wyden
  The motion was agreed to.
  Mr. ASHCROFT. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. LOTT. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LOTT. Mr. President, I have a unanimous consent request I would 
like to propound. First, obviously, we have had the last vote for the 
night. I thank the managers of the bill for their diligent efforts. I 
thank Senator Reid for his efforts, and Senator Ashcroft, and Senator 
Frist, and Senator Harkin, and Senator Lautenberg, who have all been 
willing to at least make concessions so that we can make progress. 
Senator Daschle and I appreciate that. The consent we will ask would 
provide for two amendments to be brought up in the morning, and it 
would be the Gordon Smith/Jeffords amendment, followed by the 
Lautenberg amendment, with a vote on both of those at 10:30. The 
pending business is still the Harkin amendment, but we would intend at 
that time to go to the supplemental bill. We are going to try to get a 
2-hour time agreement on that. When that is over, we will be back where 
we stood with the Frist-Ashcroft amendment. That summarizes the 
agreement.
  Mr. President, I ask unanimous consent that with respect to the 
Gordon Smith/Jeffords amendment there be 60 minutes for debate, equally 
divided in the usual form on the Gordon Smith amendment and amendment 
No. 362, the Lautenberg amendment, to run concurrently beginning at 
9:30 a.m. Thursday, and all other provisions of the consent agreement 
of May 14 remain in place and the amendment be laid down tonight prior 
to the close of Senate business.
  I further ask consent that the vote occur on the Gordon Smith-
Jeffords amendment just prior to the vote on amendment 362, under the 
same time restraints and provisions as provided above.
  I further ask that the Senate resume amendment No. 355 immediately 
following the disposition of amendment No. 362.
  Mr. LEAHY. Mr. President, reserving the right to object, and I shall 
not object. That is with the understanding that the Senator from Iowa 
is represented under the same circumstances as when we broke off, is 
that correct?
  Mr. LOTT. He still would have priority recognition under the 
agreement and under the procedures anyway, but also under the agreement 
that was included. Both sides of this issue don't want to lose their 
positions. But this will allow us to do these two amendments and to do 
the supplemental, and then that will be the pending issue. We know we 
have to find a way to get to a conclusion.
  I want to emphasize now that we will do the supplemental after those 
first 2 votes.
  Mr. REID. Reserving the right to object. Mr. Leader, would it be 
possible for the unanimous consent request to be amended to reflect 
that 15 minutes of the time on the Smith amendment be controlled by 
Senator Schumer, that he take 5 minutes of the 15 minutes, and then the 
remaining 10 minutes go to Senator Lautenberg?
  Mr. LOTT. I think I got lost. Is it just a division of how the time 
would go on your side?
  Mr. REID. Yes. One of our Members wanted to control 15 minutes. He is 
going to use 5 minutes of it and give the rest to Senator Lautenberg.
  Mr. LOTT. Mr. President, I amend that UC request to that effect, 
based on the assurance of the intent given by the distinguished 
Democratic whip. If it turns out that it is somehow or another not 
fair, we will revisit that tomorrow. I change the UC to include that 
request.
  Mr. ASHCROFT. Reserving the right to object, and I don't intend to 
object, I want to indicate that this is about the fourth time we have 
displaced this amendment, which I have been working on in conjunction 
with Senator Frist. This amendment has been the pending business since 
last Friday. This is not a novel amendment.
  I just want to indicate that I intend to get a vote on this 
amendment. Votes have been taken on amendments on both sides. The right 
way to resolve

[[Page 10201]]

any dispute on this amendment is to vote on it. I have been ready to 
vote on this amendment for quite some time. I think everyone on both 
sides of the aisle knows what the amendment is about.
  I would just indicate that when this amendment comes back up I will 
persist in expecting the same courtesy that this body has accorded all 
other amendments to be accorded to this amendment, and I will work hard 
to make sure we have an opportunity to vote on it.
  Mr. LOTT. Mr. President, I again express my appreciation to Senator 
Ashcroft for his willingness to agree to this unanimous consent 
tonight. He is right. He, Senator Frist, and Senator Harkin have agreed 
to be put it aside. I think it will be the fourth time we wouldn't have 
been able to get this agreement without their cooperation. I understand 
their determination on both sides of the issue. I appreciate the fact 
they were willing to agree to this.
  Did we get an agreement?
  The PRESIDING OFFICER. Is there objection?

                  Without objection, it is so ordered.


                           Amendment No. 366

       (Purpose: To reverse provisions relating to pawn and other 
     gun transactions)
  Mr. LOTT. Mr. President, I send an amendment to the desk on behalf of 
Senators Smith of Oregon and Jeffords.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Mississippi (Mr. Lott), for Mr. Smith of 
     Oregon, and Mr. Jeffords, proposes an amendment numbered 366.
       At the appropriate place, insert the following:

     SEC.   . PROVISIONS RELATING TO PAWN AND OTHER GUN 
                   TRANSACTIONS.

       (a) Notwithstanding any other provision of this Act, the 
     repeal of paragraph (1) and amendment of paragraph (2) made 
     by subsection (c) with the heading ``Provision Relating to 
     Pawn and Other Transactions'' of section 4 of the title with 
     the heading ``General Firearms Provisions'' shall be null and 
     void.
       (b) Compliance.--Except as to the State and local planning 
     and zoning requirements for a licensed premises as provided 
     in subparagraph (D), a special licensee shall be subject to 
     all the provisions of this chapter applicable to dealers, 
     including, but not limited to, the performance of an instant 
     background check.

  The PRESIDING OFFICER. The Senator from Oklahoma is recognized.

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