Orrin Hatch

Mr. HATCH

Mr. HATCH. There is not.

Mr. HATCH. Mr. President, I am prepared to yield back all the time in opposition to this amendment on our side. We are prepared to vote. Vote On Amendment No. 351

Mr. HATCH. We did not. I ask unanimous consent that they be put in that order, with No. 355, the one with which the distinguished Senator is concerned, last on the list.

Mr. HATCH. Will the Senator yield?

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

Mr. HATCH. Could I ask the Senator to yield back his time?

Mr. HATCH. We are going to be working on the managers' amendment this evening. Amendment No. 348

Mr. HATCH. Could I make it clear? After that will occur No. 360, then No. 361, then No. 356, then No. 357, and last will be No. 355, which is the amendment the distinguished Senator is concerned with.

Mr. HATCH. Mr. President, for the information of all Senators, the Senate will resume the juvenile justice bill at 10 a.m. on Wednesday, with Members offering new amendments from the list of amendments. However, votes will occur on previously offered amendments, beginning at 1 p.m. on Wednesday, so I urge my colleagues to offer their amendments in the morning for swift passage of the juvenile justice bill.

Mr. HATCH. Mr. President, the amendment which I offered with the Senator from California, Mrs. Feinstein, is a much refined version of legislation we offered last Congress to address the serious and troubling issues of interstate and juvenile gangs. I commend Senator Feinstein for her hard work and dedication to this issue. Our amendment includes improvements to the current Federal gangs statute, to cover conduct such as alien smuggling, money laundering, and high-value burglary, to the predicate offenses under the penalty enhancement for engaging in gang-related crimes, and enhances penalties for such crimes. It criminalizes recruiting persons into a gang, with tough penalties, including a 4-year mandatory minimum if the person recruited is a minor. It amends the Travel Act, of 1952 18 U.S.C., to include typical gang predicate offenses. It includes the James Guelff Body Armor Act, which provides penalty enhancements for the use of body armor in the commission of a Federal crime. This provision also prohibits the purchase, possession or use of body armor by anyone convicted of a violent felony, but provides an affirmative defense for bona fide business uses. However, our amendment places no duties or restrictions on the sellers of these legitimate personal safety products. Our amendment also enhances the availability of body armor to law enforcement. It includes penalties for teaching, even over the Internet, how to make or use a bomb, with the knowledge or intent that the information will be used to commit a Federal crime. Finally, our amendment enhances penalties under the Animal Enterprise Terrorism Act (18 U.S.C. 43) to address the growing problem of attacks on businesses and research facilities, as well as establishes a clearinghouse to track such offenses. These crimes are increasingly being committed by some juvenile gangs, particularly in my State of Utah. Gangs are an increasingly serious and interstate problem, affecting our crime rates and our youth. A 1997 survey of eighth graders in 11 cities found in 1997 that 9 percent were currently gang members, and that 17 percent said they had belonged to a gang at some point in their lives. These gangs and there members are responsible for as many as 68 percent of all violent crimes in some cities. My home state of Utah continues to have a serious gang problem. In 1997, there were over 7,000 gang offenses reported to the police in Utah. Although we have seen some improvement from the unprecedented high levels of gang crime a couple of years ago, gang membership in the Salt Lake area has increased 209 percent since 1992. There are now about 4,500 gang members in the Salt Lake City area. 770 of these, or 17 percent, are juveniles. During 1998, there were at least 99 drive by shootings in the Salt Lake City area. Also, drug offenses, liquor offenses, and sexual assaults were all up significantly over the same period in 1997. And in the first 2 months of 1999, there were 14 drive by shootings in the Salt Lake City area. An emerging gang in Utah is the Straight Edge. These are juveniles who embrace a strict code of no sex, drugs, alcohol or tobacco, and usually no meat or animal products. Normally, of course, these are traits most parents would applaud. But these juveniles take these fine habits to a dangerous extreme, frequently violently attacking those who do not share their purist outlook. There are 204 documented Straight Edgers in Salt Lake City, with an average age of 19 years old. Like most gangs, they adopt distinctive clothing and tattoos to identify themselves. Although not all Straight Edgers engage in criminal activities, many have become very violent prone. They have engaged in coordinated attacks on college fraternities, and a murder outside the Federal Building in downtown Salt Lake City last Halloween night was Straight Edge related. This crime, in which a 15-year-old youth named Bernardo Repreza occurred during a gang-related fight against the Straight-Edgers. Three Straight Edge gang members, have been charged with the murder. And these gangs are learning some of their tactics on the Internet, which is why our amendment includes a provision making illegal to teach another how to make or use an explosive device intending or knowing that the instructions will be used to commit a federal crime, has passed the Senate on at least three separate occasions. It is time for Congress to pass it and make the law. Sites with detailed instructions on how to make a wide variety of destructive devices have proliferated on the Internet. As many of my colleagues know, these sites were a prominent part of the recent tragedy in Littleton, Colorado. Let me give my colleagues an example of one of these sites. The self- styled Animal Liberation Front has been linked to numerous bombings and arson across the country, including several in my home State of Utah. Posted on their Internet site is the cyber-publication, The Final Nail #2. It is a detailed guide to terrorist activities. This chart shows just one example of the instructions to be found here--in this case, instructions to build an electronically timed incendiary igniter--the timer for a time bomb. And how do the publishers intend that this information will be used? The suggestion is clear from threats and warnings in the guide. One page in the site shows a picture of an industry spokeswoman, warning her to ``take our advice while you still have some time: quit your job and cash in your frequent flier points for a permanent vacation.'' Now, on this chart, which comes from The Final Nail #2, we have redacted the spokeswoman's address and phone number to protect her privacy. The publishers weren't so considerate. And this is just the beginning. This same document has a 59 page list of targets, complete with names and addresses from nearly every U.S. State and Canadian province. Let there be no mistake--the publishers know what they're doing. For instance, the instructions on how to make milk jug fire bombs come with this caution: ``Arson is a big time felony so wear gloves and old clothes you can throw away throughout the entire process and be very careful not to leave a single shred of evidence.'' It is unfortunate that people feel the need to disseminate information and instructions on bombmaking and explosives. Now perhaps we can't stop people from putting out that information. But if they are doing so with the intent that the information be used to commit a violent federal crime--or if they know that the information will be used for that purpose, then this amendment will serve to hold such persons accountable. Unfortunately, kids today have unfettered access to a universe of harmful material. By merely clicking a mouse, kids can access pornography, violent video games, and even instructions for making bombs with ingredients that can be found in any household. Why someone feels the need to put such harmful material on the Internet is beyond me--there certainly is no legitimate need for our kids to know how to make a bomb. But if that person crosses the line to advocate the use of that knowledge for violent criminal purposes, or gives it out knowing it will be used for such purposes, then the law needs to cover that conduct. Mr. President, the Hatch-Feinstein Federal Gang Violence Act incorporated in this amendment is a modest but important in stemming the spread of gangs and violence across the country and among our juveniles. I urge my colleagues to support it. I am happy to yield to the distinguished Senator from California.

Mr. HATCH. Mr. President, I yield back the remainder of my time on this amendment, except let me just say this: I very much appreciate the efforts of the Senator from Minnesota. As I read it, it provides for six new grant programs totaling $170 million. Mr. President, as you know, the issue of domestic violence, including its impact on children, is one that has been of paramount concern to me over the past 10 years. Working with Senator Biden, and the Senate, the Senate acted decisively in 1994 by passing the Violence Against Women Act. Moreover, in the years following passage of this landmark legislation, this Senate has consistently funded programs authorized by that legislation. I do agree with my colleague; we probably could do more. We certainly can do better. For that reason, Senator Biden and I have begun working on a significant and thorough review of the act. In 1994, we created many new programs, and we have spent hundreds of millions of dollars to fund them. I think it is time to examine what works and what doesn't as we look to reauthorizing this Act. Further, I think we need to examine carefully whether and what kind of additional programs are necessary and appropriate. The Senator's amendment raises an important issue--the impact of domestic violence on children and what can be done to alleviate this problem. I am not prepared, however, at this time, to endorse his solutions. I understand why the Senator would try to use this bill as a vehicle for his amendment, but I disagree. Rather, these suggestions, along with others, ought to be considered in the context of reauthorizing the Violence Against Women Act. For example, several of the NEW grant programs proposed sound to me as if they ought to be considered as a discretionary use of funds in existing VAWA programs. Further, whereas we have a major Act on the books that deals with domestic violence, the new Wellston grant programs contain a new and different definition of domestic violence. Mr. President, these are not the kind of changes we should be making in the context of a juvenile crime bill. Let me close by commending the Senator from Minnesota. But for the reasons stated, I will at the appropriate time move to table his amendment because I think we are going to work this out in the future. And let's work it out in the appropriate bill. I yield back any further time we have. Amendment No. 348

Mr. HATCH. Mr. President, I ask unanimous consent that the Senate now resume S. 254, and the amendments, in this order tonight: Amendment No. 358, followed by amendment No. 348; that these will be the next two amendments, previously debated, to the pending juvenile justice bill, which will now be the pending question, in the order in which they were offered, with up to 5 minutes equally divided for additional debate prior to a vote on or in relation to these two amendments. I further ask that notwithstanding a vote in relation to an amendment, if any amendment is not tabled or skipped in the voting sequence, it then be laid aside for additional votes in the sequence, with the amendments reoccurring at the end of the sequence ending with amendment No. 361. I further ask that following the disposition of each debate on each amendment, the amendment be laid aside, and at the hour of 5:50 p.m. today the Senate proceed to vote on or in relation to the amendments, in the order in which they were offered, with 2 minutes prior to each vote for explanation.

Mr. HATCH. If the Senator will yield, I would like to take about a minute of Senator Byrd's time.

Mr. HATCH. Mr. President, we now move to the Ashcroft amendment No. 348.

Mr. HATCH. To sequence the remaining amendments, the skipped amendments, in the order in which they were following amendment No. 361. In other words, we are putting them at the end of the group of amendments.

Mr. HATCH. Will the Senator yield for one other question? I believe I said amendment 358, but the two amendments tonight will be 359 and 348, in that order. I ask unanimous consent.

Mr. HATCH. Mr. President, I commend Senator Allard for offering this amendment that conveys the Senate's heartfelt sympathy to the families and friends of all school shootings. His amendment allows the families and friends of all victims of shootings to grieve and honor the victims at a memorial service held on school grounds. This amendment tells these families and friends that the Senate believes they have a right to congregate at a memorial service on school grounds to mourn the deaths of students and faculty. Further, this amendment states that the Senate believes it is constitutional for these memorial services to include spiritual aspects, including the reading of prayers and scripture and the performance of religious music. This amendment also states that the Senate believes that an appropriate and constitutional permanent memorial can be erected on school grounds, a part of which can include religious symbols, motifs, or sayings. This amendment will, hopefully, ease some of the pain associated with preparing memorial services for loved ones killed in any act of school violence. I thank the Senator from Colorado for offering this amendment and commend him for it.

Mr. HATCH. The five amendments that are going to come up in this order, and I hope people will not use their 5 minutes, are: the Allard amendment on school memorials; the Kohl-Hatch amendment on safety trigger locks; the Hatch-Feinstein amendment on gangs; the Byrd amendment on interstate transportation of intoxicating liquor; and the Feinstein amendment to modify the laws pertaining to interstate shipment of liquor. Senator Kohl, why don't we begin with the Kohl-Hatch amendment and we will use our 5 minutes. amendment no. 352

Mr. HATCH. Mr. President, I ask unanimous consent that the Senate now resume S. 254, and that the first five amendments previously debated to the pending juvenile justice bill now be the pending question in the order in which they were offered, with up to 5 minutes for each side for additional debate prior to a vote on or in relation to those amendments. I further ask that following the disposition of debate on each amendment, the amendment be laid aside, and at the hour of 3:50 p.m. today the Senate proceed to vote on or in relation to the amendments in the order in which they were offered, with 2 minutes prior to each vote for explanation.

Mr. HATCH

Mr. HATCH. Mr. President, I will not even try to match the eloquence of my esteemed colleague from Delaware. But I would like to just say a few words about my friend, Adm. Bud Nance, and my friend, Senator Helms, as well. I will not be long because I see other members of the Foreign Relations Committee who are here to speak. I didn't have the privilege of serving on the Foreign Relations Committee at the same time with Bud Nance. But I knew him. I respected him. On a Capitol Hill that is completely covered with more youthful staffers, staffers who are very young in many ways, not quite as experienced, Bud Nance stood out as one of the most senior. He did not have to be here. He probably could have enjoyed the remaining years of his life much more by not being here. But he came to serve side by side with his friend from his youth, Senator Jesse Helms, one of the greatest Senators who has ever sat in the Senate. Admiral Nance was one of the greatest people who ever served on the Senate staff, and he did it at a time when we had a lot of conflicts and difficulties and problems in foreign relations, and he did it with intelligence, with a mastery that was important, with an ability to get along with people and to work with both minority and majority staffs. This man is a true hero to me and true hero for our country, just the type of person we ought to all try to emulate, somebody who really loved his country enough to give his last for the country. I believe he loved his country so much because of his family and because of his understanding of what a great country this is and what a great constitutional form of government we have. This is a man who reached the heights in the military and, in my opinion, reached the heights in the Senate as well. When he came on the staff, the staff was reported to be having difficulties, and he brought them together, coordinated them, unified them, and I think both the minority and the majority staffs have worked well ever since. It took a true leader to do that. It took a true leader in Senator Helms to pick Admiral Nance, and I know he feels highly privileged to have worked with his friend, his colleague, and somebody who advised him in the best of ways and advised all of us in the best of ways. I express my sympathy to his wife and his family and tell them that they should be very proud of him, not just for the tremendous years of serving this country, as he did in the military, as a husband and as a father, but for these years on Capitol Hill. It made a difference to the country, to the world at large, and to all of us. I thank Senator Helms for having given us the opportunity to know him better. I yield the floor.

Mr. HATCH

Mr. HATCH. If the Senator would withhold, right now we are trying to work out a unanimous consent agreement. We are trying to work out some other matters, but I am certainly going to try to work with the Senator on this. It is an important amendment, and we have to face it. So, if the Senator will just work with me, I will try to get this so that it works.

Mr. HATCH. Sure.

Mr. HATCH

Mr. HATCH. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. HATCH

Mr. HATCH. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of calendar No. 78, H.R. 4.

Mr. HATCH. Mr. President, I ask unanimous consent that all after the enacting clause be stricken and the text of S. 257, as passed by the Senate, be inserted in lieu thereof. I further ask consent that the bill then be read a third time and passed, and the motion to reconsider be laid upon the table.