Mr. Dole: Mr. President, just short of a year ago, this country was rocked by an attack on the Alfred Murrah Federal Building in Oklahoma City, OK. In the wake of that horrible incident, in only a matter of weeks, the Senate responded by passing the Dole-Hatch comprehensive antiterrorism legislation by a vote of 91 to 8 on June 7, 1995. Most of its provisions were drawn from earlier Republican crime packages. Over the past month, we have worked in a bipartisan manner to craft what would surely be the toughest antiterrorism bill ever to become law.
This week, to honor the memory of those who suffered in Oklahoma, the Congress will send to President Clinton this landmark bipartisan antiterrorism bill. It has the support of the Republican Governor of Oklahoma, Frank Keating, and Oklahoma's Democratic attorney general, Drew Edmondson.
Under the leadership of Senator Hatch, we have a measure which would give us the strong, upper hand in the battle to prevent and punish domestic and international terrorism.
On March 27, 1996, I wrote to each of the conferees urging in particular that the three important provisions in the Senate bill be retained. The first facilitates a speedy removal of suspected foreign terrorists from U.S. soil. The second keeps foreign terrorists from raising money for their activities in the United States. The third makes membership in a terrorist organization the basis for exclusion from the United States.
Each of these is a commonsense protection for all Americans. Each of these reforms is long overdue. I am pleased that Senator Hatch and the conferees insisted on keeping these important reforms in the bill.
Most importantly, the bill contains comprehensive, effective habeas corpus reform, which has just been discussed by the distinguished Senator from Pennsylvania, Senator Specter, who, as he outlined, has been active in this area for many, many years.
I did visit the San Quentin State Prison in California about 6 or 8 weeks ago. There I met a father whose son had been murdered, a pretty clear-cut case, and it took 15 years--15 years--appeal after appeal after appeal before justice was meted out and the person who committed the murder was executed. There have been more people die of natural causes in that prison than of the death penalty, because of the frivolous appeals, appeal after appeal, costing the State millions and millions of dollars. Obviously, we need to protect the rights of the defendant, particularly in capital cases, but in my view, it is a sad commentary that on death row in San Quentin, where there are about 400-some inmates on death row, more will probably die of natural causes than because of the death penalty.
Maybe that will be changed because of this big, big step forward. I want to commend Senator Hatch, Senator Specter, and others who have worked on this a long time. It has been more than a decade of efforts. We are about to curb these endless, frivolous appeals of death sentences by those convicted of murder. Habeas corpus reform is the only substantive provision in this bill that will directly affect the Oklahoma City bombing case. It is the heart and soul of the bill.
I sent a letter Monday to President Clinton. In that letter, I reiterated that we simply cannot continue allowing convicted murderers to appeal their sentences year after year. President Clinton has already vetoed a similar reform of the death penalty appeals process. The White House continued right up to the end, to argue for changes in habeas corpus that would essentially gut this reform. I called on President Clinton to support us in this important effort and sign this bill when it is sent to his desk. America will not tolerate a second veto of habeas corpus reform.
I am very pleased, moreover, that the conference report provides victims of terrorism the ability to sue foreign governments responsible for terrorist acts in U.S. courts for the first time. On December 21, 1988, 270 people were killed in the terrorist bombing of Pan Am flight 103. This brutal act of terrorism killed more Americans than died in Desert Storm.
The Libyan Government was clearly responsible for this brutal crime. Yet, Libya refuses to extradite the Libyan intelligence officials responsible. I do not know anyone who believes there is a realistic chance that Qaddaffi will cooperate to bring killers he ordered to justice in a legitimate court.
For too long, the survivors of the victims have had no recourse to seek compensation from Libya. That's why the Dole-Hatch bill last year contained authority for victims of international terrorism to sue terrorist states in U.S. courts. For 10 months the Clinton administration fought this provision. For 3 years the Clinton administration has had meetings with family members and had tough rhetoric--but there has been no real action to redress the tragedy of Pan AM flight 103.
This week the Congress will enact this important reform. This is not rhetoric, this is action. This is historic and will, at long last, allow American victims of terrorism to use U.S. courts to try to seek compensation for the vicious acts of terrorist states.
I am proud to have worked closely with the families of the Pan AM 103 victims for many years, especially in the 1990 Aviation Security Act. Nothing we do can possibly replace their loss, but we can give them a avenue for partial justice.
Mr. President, yesterday I received a letter from Victoria Cummock, president of the families of Pan-Am 103/Lockerbie. On behalf of those families, she urged support of this bill. She focuses on two provisions: habeas corpus reform; and opening up our courts to allow victims their day in court against governments that sponsor terrorism. I ask unanimous consent that this letter be printed in the Record.
There being no objection, the materials was ordered to be printed in the Record, as follows:
Dear Senator Dole: On behalf of the victims' families of Pan Am 103, I want to express our gratitude for your leadership in the Anti-Terrorism bill (S-735), currently pending in the Congressional Conference Committee. Your support of two key provisions will enable American victims of terrorism obtain justice in U.S. courts.
More Americans have died at the hands of terrorists than in Desert Storm, or in any other American war over the past 20 years. The bombing of Pan Am 103 was the single worst act of terrorism against civilians in this country's history, killing 270 people. For more than seven year, we--the families--have waited for our country's help and support. During that time terrorists blew up the World Trade Center '93, injuring 1,000 and killing eight, and last year bombed the federal building in Oklahoma City, killing 168.
On March 7, dozens of Americans victimized by terrorism gathered in Washington, D.C. They included parents, widows, and children from the families of Pan Am 103; 21 next of kin from the Oklahoma City bombing; a daughter of Leon Klinghoffer killed in the hijacking of the Achille Lauro; Joseph Ciccipio and David Jacobson held hostage in Lebanon; Scott Nelson tortured in Saudi Arabia, families of the victims of the World Trade Center bombing, and Hans Ephraimson-Abt, the 74-year old father of one of the victims of KAL 007 shot down over the Soviet Union.
At great personal and emotional expense, they gathered to support provisions of the anti-terrorism bill that would enable us to achieve justice: limit immunity granted foreign states that sponsor terrorism, and reform Habeas corpus.
Our motives are not political. Our lives and families have been unraveled by terrorism, and justice is our only consolation. Without justice and accountability there is no deterrence. We want to live in peace knowing that other Americans will be spared.
Countries that hide behind their sovereign immunity to avoid U.S. courts will continue to encourage and sponsor terrorist acts. For example, Libya, which is accused of ordering the bombing of Pan Am 103, is also accused of the 1989 bombing of a French UTA plane of Chad. It killed 171.
Allowing convicted murderers to delay their execution for 17-24 years with their seemingly endless appeals is also plainly wrong. It makes a mockery of our judicial system and gives criminals more rights than their victims.
Dead Americans have no voice, their families must speak for them. Four weeks ago the President made a request to Congress to provide aid to the families of four Cuban Americans shot down by Cuba. Has the President forgotten the hundreds of other Americans murdered by terrorists? The promise that he made to us before his election?
This nation cannot continue to allow countries to kidnap, torture, and murder Americans and escape accountability. The United States allow corporations to seek restitution in U.S. civil court. U.S. law permits restitution for sabotaging a plane full of chickens--but not people. This is an outrage. The message sent to countries sponsoring terrorism is that it is safe to target and kill Americans.
I want to be able to tell my three small children that America stands with us and that their father's constitutional right to justice (and that of other victims) will no longer take a back seat to the rights of terrorists. By maintaining the FSAI and Habeas Corpus provisions in the final language of the anti-terrorism bill, Congress will give us the opportunity to help ourselves. The changes we advocate are right for all Americans; this reform is overdue.
Thank you for your commitment in helping American victims of terrorism. Our hopes and prayers will be with all the Congressional Committee members during their final deliberations.
Sincerely,
Mr. Dole: Mr. President, in a few moments we will pass this bill. The Congress will put the national interest ahead of partisan interests. Those who have delayed passage of this historic bill argue that this is a weak bill. This is wrong. It is unfair to those who have suffered or may suffer in the future from the evil handiwork of terrorists and other criminals.
My colleagues have opposed these efforts. We will pass this bill today. As Diane Leonard, whose husband Don was killed in the Oklahoma City bombing, said yesterday: "It is the right thing to do." Then I hope President Clinton will do the right thing and sign the bill.
I yield the floor.
Mr. Hatch: Mr. President, what is the status of the bill?
The Presiding Officer: All time having expired, the question is on agreeing to the motion to table the motion to recommit offered by the Senator from Delaware.
Mr. Hatch: Mr. President, I was under the mistaken belief that we would have some extra time, but I would like to give some time before final passage, equally divided. I would like to be able to give 3 minutes to the two distinguished Senators from Oklahoma. That would mean 6 minutes to the minority.
I ask unanimous consent that we have 12 minutes, equally divided.
The Presiding Officer: Is there objection?
Mr. Ford: Reserving the right to object, as I understand, prior to the final vote?
Mr. Hatch: Prior to the final vote.
Mr. Ford: Six minutes.
Mr. Hatch: Divided between Senator Biden and myself, and I make sure the----
Mr. Ford: Six minutes on each side?
Mr. Hatch: Right.
The Presiding Officer: Without objection, it is so ordered.
The question is on agreeing to the motion to table the motion to recommit offered by the Senator from Delaware [Mr. Biden] relative to revising existing authority for wiretaps.
The yeas and nays have been ordered.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. Lott: I announce that the Senator from Florida [Mr. Mack] is necessarily absent.
The result was announced--yeas 56, nays 43, as follows:
| Roll No. 69 Leg. | ||||
|---|---|---|---|---|
| YEAS--56 | ||||
| Abraham | Ashcroft | Baucus | Bennett | Bond |
| Brown | Burns | Campbell | Chafee | Coats |
| Cochran | Cohen | Coverdell | Craig | D'Amato |
| DeWine | Dole | Domenici | Faircloth | Feingold |
| Frist | Gorton | Gramm | Grams | Grassley |
| Gregg | Hatch | Hatfield | Helms | Hutchison |
| Inhofe | Jeffords | Kassebaum | Kempthorne | Kyl |
| Lott | Lugar | McCain | McConnell | Moseley-Braun |
| Murkowski | Nickles | Pressler | Reid | Roth |
| Santorum | Shelby | Simpson | Smith | Snowe |
| Specter | Stevens | Thomas | Thompson | Thurmond |
| Warner | ||||
| Nays--43 | ||||
| Akaka | Biden | Bingaman | Boxer | Bradley |
| Breaux | Bryan | Bumpers | Byrd | Conrad |
| Daschle | Dodd | Dorgan | Exon | Feinstein |
| Ford | Glenn | Graham | Harkin | Heflin |
| Hollings | Inouye | Johnston | Kennedy | Kerrey |
| Kerry | Kohl | Lautenberg | Leahy | Levin |
| Lieberman | Mikulski | Moynihan | Murray | Nunn |
| Pell | Pryor | Robb | Rockefeller | Sarbanes |
| Simon | Wellstone | Wyden | ||
| NOT VOTING-- | ||||
| Mack | ||||
The motion to lay on the table the motion to recommit was agreed to.
The Presiding Officer (Mr. Santorum): The question occurs on agreeing to the motion to table the motion to recommit with instructions relative to deleting section 806 of the conference report. The yeas and nays have been ordered. The clerk will call the roll.
The legislative clerk called the roll.
Mr. Lott: I announce that the Senator from Florida [Mr. Mack] is necessarily absent.
The result was announced--yeas 53, nays 46, as follows:
| Roll No. 70 Leg. | ||||
|---|---|---|---|---|
| YEAS--53 | ||||
| Abraham | Ashcroft | Bennett | Bond | Brown |
| Burns | Campbell | Chafee | Coats | Cochran |
| Cohen | Coverdell | Craig | D'Amato | DeWine |
| Dole | Domenici | Faircloth | Frist | Gorton |
| Gramm | Grams | Grassley | Gregg | Hatch |
| Hatfield | Heflin | Helms | Hutchison | Inhofe |
| Jeffords | Kassebaum | Kempthorne | Kyl | Lott |
| Lugar | McCain | McConnell | Murkowski | Nickles |
| Pressler | Roth | Santorum | Shelby | Simpson |
| Smith | Snowe | Specter | Stevens | Thomas |
| Thompson | Thurmond | Warner | ||
| Nays--46 | ||||
| Akaka | Baucus | Biden | Bingaman | Boxer |
| Bradley | Breaux | Bryan | Bumpers | Byrd |
| Conrad | Daschle | Dodd | Dorgan | Exon |
| Feingold | Feinstein | Ford | Glenn | Graham |
| Harkin | Hollings | Inouye | Johnston | Kennedy |
| Kerrey | Kerry | Kohl | Lautenberg | Leahy |
| Levin | Lieberman | Mikulski | Moseley-Braun | Moynihan |
| Murray | Nunn | Pell | Pryor | Reid |
| Robb | Rockefeller | Sarbanes | Simon | Wellstone |
| Wyden | ||||
| NOT VOTING--1 | ||||
| Mack | ||||
So the motion to lay on the table the motion to recommit was agreed to.
Mr. Hatch: Mr. President, I move to reconsider the vote.
Mr. Cohen: I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. Biden addressed the Chair.
The Presiding Officer: The Senator from Delaware.
Mr. Biden: Mr. President, I understand before the final vote there are 6 minutes allotted to each side.
The Presiding Officer: The Senator will suspend. Senators to the left of the Chair will please take your conversations to the cloakroom. The Senate will please come to order.
The Senator from Delaware.
Mr. Biden: Mr. President, I appreciate the indulgence of my colleagues today in voting on these motions to recommit and the strong support of 40 to 48 Senators we have gotten on each of these votes. I appreciate that.
In the 6 minutes that I have to close, let me just suggest two things. There is a good deal of change that has been made in the habeas corpus provisions of the law, which, in my view--a broken record--will do nothing to prevent terrorism. The habeas provision in this bill deals primarily with State crimes, and the terrorism crimes we are concerned about--Oklahoma City, the World Trade Center bombing, et cetera--are Federal crimes. It will not affect it at all.
But there is a provision in the bill that I would like to say something about. There's a section that says:
An application for writ of habeas corpus on behalf of a person in custody, pursuant to the judgment of a State court, shall be granted with respect to any claim that was adjudicated on the merits in State court proceedings, unless the adjudication of the claim, one, resulted in a decision that was contrary to or involved in unreasonable application of a clearly established Federal law as determined by the Supreme Court, or resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented.
I would like to make this brief observation.
As things now stand, Federal courts take State court decisions very seriously. They are not writing on a blank page and ignoring State court decisions right and left. In fact, court watchers who pay close attention to the cases tell me that Federal courts grant relief only when it is pretty clear that someone's constitutional rights have been violated. So it seems to me that even under this provision of the law we are now changing, which I think is inadvisable to change, but even under this provision, if Federal courts think that State courts are right on the Constitution, they will uphold it. And if they are wrong, they will not.
So if a State court makes an unconstitutional determination, the Federal courts will, and should, continue to say so. Therefore, I think this is much less onerous--unnecessary but much less onerous--than, in fact, it may appear on its face.
If a Federal court concludes the State court violated the Federal Constitution, that, to me, is by definition--by definition--an unreasonable application of the Federal law, and, therefore, Federal habeas corpus would be able to be granted.
I reserve the remainder of my time.
The Presiding Officer: The Senator from Utah.
Mr. Hatch: Mr. President, I am truly gratified at the action that I believe the Senate is about to take. Passage of this legislation is urgently needed. This bill, passing at this time, will be a memorial to the victims of terrorism. I was so moved the other day, when survivors of terrorism came here to Washington to plead again for enactment of this legislation.
Since the Senate first acted last June, we have been working to reach this point. The result of that effort is a conference report that, in my view, deserves the support of every Member here. This legislation represents a landmark effort to address an issue of grave national importance--the prevention and punishment of acts of terrorism. This bill includes long-needed reforms to Federal habeas corpus procedures and provides vital provisions for victims of terrorism and other Federal crimes. It also adds important tools to the Government's fight against terrorism, and does so in a temperate manner that is protective of civil liberties.
I have insisted from the beginning that this bill address the needs of the victims of terrorist acts, so I am particularly pleased about the provisions we have included for them. Our commitment to the victims of terrorism is evident from the first two titles of the conference report. These provisions are the heart and soul of this bill, and are the only provisions which can provide solace to the victims of past acts of terrorism, such as Oklahoma City and Lockerbie:
Habeas corpus reform: This legislation includes tough, fair, and effective reform of Federal habeas corpus procedures. I have been fighting, along with crime victims across our Nation, for the enactment of this legislation for nearly 20 years. Finally, heinous criminals will no longer be able to thwart justice and avoid just punishment by filing frivolous appeals for years on end. Finally, crime and terrorism victims will know that our justice system means what it says.
Mandatory victim restitution: The mandatory victim restitution section of this bill is the Hatch-Biden measure, and will ensure for the first time that Federal courts must order violent criminals and terrorists to pay restitution to their victims. We all know that a price can never be placed on the terrible costs these crimes inflict. We also know that in far too many cases, repayment will fall far short of the cost we can calculate. However, with this bill, victims will finally have the solace of knowing that the justice system recognizes their loss, and that the perpetrators of evil are held accountable.
Terrorism by foreign countries: This bill takes the important step of ensuring that Americans who are harmed by foreign governments committing or directing terrorists acts can sue those governments in American courts. Lawless nations will no longer be able to hide their terrorist acts behind the rules of international law that they otherwise flaunt.
Oklahoma City trial: Finally, by providing for closed circuit viewing of the Oklahoma City trial by the bombing's victims and survivors, this bill also will ensure that these courageous people can observe justice being done, while still ensuring a fair and just trial for the accused.
The terrorism bill we are about to finalize also is a tough, effective measure. With its enactment, we will be better able to prevent and deter future terrorist acts. Moreover, we will be better equipped to respond to and punish these heinous acts should they occur.
First, for the first time since the tragic bombing of Pan Am flight 103, it will be required that all plastic explosives manufactured, sold, imported into, or exported from the United States include chemicals to make them detectable by airport security. This provision will help protect airline passengers from terrorist attacks and fulfill our obligations under international agreements.
Second, this legislation include important new measures to ensure that access to dangerous human pathogens--like the agent that causes bubonic plague--is properly limited. This will help ensure that the American people are not victimized by terrorists engaging in such tactics, such as the Japanese cult Aum Shinri Kyo that released cyanide gas in a crowded Tokyo subway.
Third, the bill we will send to the President provides law enforcement with the tools necessary to combat the threat of nuclear contamination and proliferation that may result from illegal possession of nuclear materials.
Fourth, this antiterrorism bill will prohibit, in a constitutional manner, fundraising in this country by specific, designated foreign terrorist groups. Once designated, these groups will no longer be permitted to use American-raised funds to spread terror here and abroad.
Fifth, this bill provides the Federal Government with the tools it needs to exclude representatives and members of foreign terrorist groups from the United States, and provides the Government with the ability, within the bounds of due process, to deport alien terrorists without compromising national security.
This bill also: Increases the penalties for crimes committed with explosives, as well as conspiracies to commit such crimes; curtails the use of domestic and foreign use of weapons of mass destruction; addresses the increasingly global nature of terrorism, increasing penalties for terrorist acts that transcend national boundaries; imposes strict penalties for retaliatory assaults or murders of Federal officers or employees; provides emergency response training to State and local law enforcement; and harmonizes security measures to provide Americans flying to and from the United States on foreign airlines with the same level of protection they receive for domestic flights.
In short, this bill reflects the unity of purpose and clarity of resolve with which we must meet the terrorist threat.
I am proud of the bill we have crafted. It is time for us to finish the job, and pass this conference report. In doing so, it is my hope that we recall the Americans who died at the hands of terrorists, not only last month, but over the last 15 years or more. In Beirut, in Lockerbie, in New York, and in Oklahoma City, victims of terrorism have had their lives stolen by evil persons pursuing selfish and twisted agendas. We can honor these victims by completing the task at hand.
Mr. Hatch: Mr. President, I yield 3 minutes to the distinguished junior Senator from Oklahoma.
The Presiding Officer: The Senator from Oklahoma is recognized for 3 minutes.
Mr. Inhofe: Mr. President, I think anything that is said further tonight on this bill will be redundant, but I think some things are worthy of redundancy. I think it is virtually impossible for anyone in this Chamber who was not in Oklahoma City when the tragedy happened-- the bombing of the Murrah Federal Office Building--to really appreciate the significance of the trauma, the disaster, the emotions at the time.
I think it was well said in a magazine called Oklahoma Today, talking about the first wave of the super-hot gas moved at 7,000 miles an hour, fast enough for someone 10 feet away to be hit with a force equal to 37 tons, and in about half a second the gas dissipated only to be replaced by an equally violent vacuum. The resulting pressure waved outward, lifting the building up and causing beams, floor slabs, and connections to weaken and collapse.
When the pressure wave passed, gravity took over. Nine stories of the north side of the building pancaked, creating a crater 30 feet deep. People who had been on the ninth floor ended up in the basement.
I think one of the most memorable experiences I had was the very first night. The firefighters had arrived. They were all volunteers. They were taking turns 1 hour at a time crawling on their bellies through there to pull out parts of bodies. I actually saw on the first floor human hair and one hand that was stuck to a wall. As they pulled the bodies out--some alive, some dead--they did not know at that time whether or not it would come crashing down and kill them. When one group came out after an hour, there was blood all over the individuals. Then you could hear the cadence, almost like you heard in World War II, of the firefighters marching down the streets to take their turn, and this is what we experienced there.
The majority leader a few minutes ago said the habeas provision is the heart and the soul of this bill. It may be that some of you do not agree with that, but I can assure you the families of the 168 victims who died in the Murrah Federal Office Building, they believe that, because they came up here 2 months after the explosion and sat across the table from many of the Senators in here and said, "The one thing we want in legislation is habeas reform. We do not want the same thing to happen as happened when Roger Dale Stafford in Oklahoma murdered nine Oklahomans and sat on death row for 20 years."
So I guess all I can say is, on behalf of the families of the 168 victims, those who lost their lives in the Murrah Federal Office Building, I appeal to you to pass this bill tonight.
The Presiding Officer: Who yields time?
Mr. Biden: Mr. President, so that the majority gets to go last, I have 2 minutes remaining.
What the Senator from Oklahoma just read was moving and significant. I am going to vote for this bill, but I am dumbfounded why, after reading what he just read and us knowing that, that we all voted in this Chamber to allow someone to teach somebody how to build another fertilizer bomb, even if the person teaching knew or had reason to believe it would be used for a purpose like that.
Hear what I just said? "Intended." If a person teaches someone how to build a fertilizer bomb intending that that be able to be done, a crime to be able to be committed with it, we just voted not to put that prohibition into the law.
And now that you all are here and did not have a chance to listen to this before, I hope you know, after we pass this bill, you will join me tomorrow, or the next day, to pass a law that says you cannot do that, because you inadvertently voted, when I tried to put it back in the law, to let someone now, legally, over the Internet or any other way, teach someone how to build a fertilizer bomb, give them the details and intend that it be used that way, and it is not prohibited.
So I hope tomorrow when I am here, or the next day, listening to what the Senator from Oklahoma accurately stated and believes deeply that we should never let this happen again; we will correct the mistake that we made here today.
Mr. Hatch: Mr. President, I yield the last 3 minutes to the distinguished senior Senator from Oklahoma.
Mr. Nickles: Mr. President, first I wish to thank the majority leader for setting aside the immigration bill to take up this bill. I informed the majority leader and the Speaker some months ago of my earnest desire to pass this before this Friday.
This Friday is the 1-year anniversary of the worst civil disaster that we have had in U.S. history: 168 innocent men, women, and children were murdered in the Murrah Building bombing.
The majority leader responded to that request, and I appreciate it.
I also want to compliment Senator Hatch and Senator Biden and their staffs, and also Chairman Hyde, for their willingness over the last 2 weeks when we were in recess to work out the differences, because the bills between the House and the Senate had a lot to offer, but there are significant differences in the bills.
But there were significant differences. They worked out those differences. They came up with compromises. That was not easy during the break. That is not often done. But they did it so we can meet this deadline. I very much appreciate their cooperation.
Mr. President, this is vitally important legislation. As my colleague from my State, Senator Inhofe, mentioned, this is very important legislation to the families of the victims. There are hundreds of people involved. Yes, there are 168 individuals who lost their lives, but they have hundreds of family members, and actually I think it is in the thousands, the relatives that are directly impacted, that lost a cousin, lost a dad, lost a son, lost a daughter.
We met with those individuals. They want this bill passed. This bill may not be perfect. I know Chairman Hatch said that some of the other provisions that were alluded to today, that he is happy to introduce those and work on those in separate legislation. I compliment him for that. But if we recommitted this bill, we would not have this bill. It would not pass.
So I want to thank my colleagues on this side that voted against the motions to recommit. This is a conference report. If we are going to get it passed, we are not going to be able to recommit it. So I will be happy to work to make future improvements. But this is a good bill. It does have habeas corpus reform. It ends the abusive appeals. That is certainly good for taxpayers and victims.
It does allow closed-circuit TV for families in the Oklahoma City bombing. Right now the trial, regrettably, is going to be in Denver. That is over 500 miles from Oklahoma City. They want to be able to view the trial and not have to move their families to Denver. We requested assistance from Justice, but they did not make it happen. We make it happen in this legislation. That is good news for their families. Several of us will be with several thousand people. That will be good news for Oklahomans.
Finally, I thank my colleagues for their bipartisan support. We put mandatory victim restitution in this legislation, something that the Senate has supported countless times. That is very significant and important and one of the crime reform packages we have had. We passed it in the Senate. Unfortunately, it has not come out of conference with the House. It is in this bill. Again, I want to thank my colleagues, Senator Hatch and Senator Biden, because they supported that provision.
Finally, Mr. President, I want to urge my colleagues to vote for this bill. I will be very disappointed if this bill only has 60 or 65 votes. I hope it has 100 votes. This bill may not be perfect, but it is good legislation. Also, I would like to urge the President of the United States to sign it.
Mr. President, I ask unanimous consent that a letter from the Governor of the State of Oklahoma to the President of the United States urging that the President sign this bill be printed in the Record.
There being no objection, the letter was ordered to be printed in the Record, as follows:
Dear President Clinton: Congress will soon pass legislation which will effectively combat terrorism. Having dealt with the tragedy and aftermath of the Oklahoma City bombing, I believe it is imperative that you sign this legislation into law.
In addition to the tough law enforcement provisions aimed at terrorists and their organizations, it includes provisions of particular interest to those of us in Oklahoma.
First and foremost is effective death penalty reform, which will end the delays and frivolous appeals by convicted death row inmates. The importance of this provision has been made clear by the families of the victims of the Oklahoma City bombing, who have worked tirelessly to see this reform become law so that justice may be swift and sure.
Second is a provision allowing for the closed circuit viewing of the trial by families and victims who cannot be accommodated by the courtroom in Denver. The viewing would take place in Oklahoma and would allow these families and victims to fully benefit from our victims' rights laws which stipulate they be entitled to monitor the trial proceedings.
Mr. President, this bill deserves to be signed into law. For the families and victims of the Oklahoma City bombing, it represents a significant step in bringing closure to this terrible tragedy. I urge you to approve this vital change in our nation's laws to combat terrorism. It is the right thing to do.
Very truly yours,
Mr. Hatch addressed the Chair.
The Presiding Officer: The Senator from Utah.
Mr. Hatch: Mr. President, I 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 conference report. The yeas and nays have been ordered. The clerk will call the roll.
The legislative clerk called the roll.
Mr. Lott: I announce that the Senator from Florida [Mr. Mack] is necessarily absent.
The result was announced--yeas 91, nays 8, as follows:
| Roll No. 71 Leg. | ||||
|---|---|---|---|---|
| YEAS--91 | ||||
| Abraham | Akaka | Ashcroft | Baucus | Bennett |
| Biden | Bingaman | Bond | Boxer | Bradley |
| Breaux | Brown | Bryan | Bumpers | Burns |
| Campbell | Chafee | Coats | Cochran | Cohen |
| Conrad | Coverdell | Craig | D'Amato | Daschle |
| DeWine | Dodd | Dole | Domenici | Dorgan |
| Exon | Faircloth | Feinstein | Ford | Frist |
| Glenn | Gorton | Graham | Gramm | Grams |
| Grassley | Gregg | Harkin | Hatch | Heflin |
| Helms | Hollings | Hutchison | Inhofe | Inouye |
| Jeffords | Johnston | Kassebaum | Kempthorne | Kerrey |
| Kerry | Kohl | Kyl | Lautenberg | Leahy |
| Levin | Lieberman | Lott | Lugar | McCain |
| McConnell | Mikulski | Murkowski | Murray | Nickles |
| Nunn | Pressler | Pryor | Reid | Robb |
| Rockefeller | Roth | Santorum | Sarbanes | Shelby |
| Simpson | Smith | Snowe | Specter | Stevens |
| Thomas | Thompson | Thurmond | Warner | Wellstone |
| Wyden | ||||
| Nays--8 | ||||
| Byrd | Feingold | Hatfield | Kennedy | Moseley-Braun |
| Moynihan | Pell | Simon | ||
| NOT VOTING-- | ||||
| Mack | ||||
The conference report 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.
Mr. Hatch: Mr. President, I think this is a big victory for all of America, but most of all for those folks who suffered in Oklahoma City, OK, and other terrorist incidents in the world.
I want to acknowledge the work of some people who were critical to the passage of this bill--in particular, the majority leader. The majority leader, Bob Dole, is to be commended for his leadership. Once again, Senator Dole has delivered for the American people. I personally express my gratitude to our distinguished majority leader.
I also want to acknowledge the work of Chairman Henry Hyde over in the House, and my fellow conferees, Senators Thurmond, Simpson, Biden, and Kennedy. Senators Nickles and Inhofe deserve mention, too, because they never let this institution forget who this bill was for. All of the survivors from the Oklahoma tragedy and the Pan Am disaster were critical to this bill's passage. So they all deserve our thanks.
I want to mention a few of the other people who worked on this bill, as well--in particular, the staffers who worked long hours out of deep commitment to public service. Jeanne Lapatto, Christina Rios, Nick Altree, Mike Ashburn, John Gibbons, and Ed Richards were invaluable. Ashley Disque--a young woman who came to the committee as an L.C. and has not looked back--epitomized initiative. Mike Kennedy, an attorney who is going to go places, in my opinion, worked around the clock. Finally, I want to commend Mike O'Neill, our crime counsel. Mike is going to be leaving here in a few weeks to clerk for Justice Thomas over at the Supreme Court. Our loss is the Supreme Court's gain. Quite simply, Mike O'Neill, more than any other staffer, made this bill happen. Manus Cooney, our committee staff director and senior counsel is also to be commended.
Some of Senator Biden's staff should be mentioned as well--Demetra Lambros and Chris Putala are true professionals. Also, I would like to thank Valerie Flappan of the legislative counsel's office.
I also want to compliment the other House conferees and, in particular, Congressmen Hyde, McCollum, Schiff, Buyer, and especially Bob Barr from Georgia, who worked very hard on this bill and has provided an awful lot of input on this bill. Another staffer who should be mentioned here is Pat Murray, Henry Hyde's able and dedicated counsel who, in working with our staff, helped craft a true terrorism bill. Paul McNulty also deserves credit. There are so many others I would like to commend at this point. But I will end at this point and thank all of these good people for the good work they have done.
I pay respect to my distinguished colleague, the minority leader on the Judiciary Committee. He is a tough, tough opponent. He is a very good advocate. It is one of the privileges in my life to be able to work with him on the Judiciary Committee and to be able to have this type of a relationship, and still to occasionally fight each other on the floor and, hopefully, walk away still friends.
In particular, I want to make all those congratulations.
I yield the floor.
