S5802 CONGRESSIONAL RECORD — SENATE April 27, 1995

Finally, the American College of

Trial Lawyers [ACTL]—a respected organization of experienced plaintiff and

defense attorneys—recommended a cap

based on a two times compensatory

damages in their 1989 report on punitive damages.

The ACTL report also recommended

that the two times compensatory damage cap be combined with a minimum

cap of $250,000, but I do not believe such

a measure is advisable or necessary. I

believe a single measure—such as the

measure contained in my amendment—

is the most easily understood and ensures that all relevant cases are subject to the same standard. Multiple

measures and standards imply that

there is an imbalance in the formula

being utilized.

I believe the measure of two times

compensatory damages will work for

everyone and will subject egregious offenders to strong punishment. This

standard is fair and nondiscriminatory.

It will apply to all litigants equally—

whether you are a man or woman,

wealthy or poor, a child or an adult.

Mr. President, if we have to include a

cap on punitive damages in this legislation, we must ensure it is the best

cap possible. So I ask my colleagues to

join me in support of this amendment

to the McConnell amendment today,

and during further consideration of the

underlying bill next week, because I do

intend to offer this very same amendment to the underlying legislation as

well.

I think the legislation, which is

named the Product Liability Fairness

Act, must live up to its name and

therefore I think that my amendment

will correct this discriminatory impact

of punitive damages as it is currently

drafted in this amendment as well as

the underlying bill.

I believe my amendment is the best

alternative available and I encourage

my colleagues to support it.

The PRESIDING OFFICER. The

clerk will call the roll.

The assistant legislative clerk proceeded to call the roll.

Mr. DASCHLE. 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the quorum call be rescinded.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. DASCHLE. Mr. President, I ask

to speak in morning business and use

part of my leader time to do so.

The PRESIDING OFFICER. The Senator has that right.

COUNTERTERRORISM INITIATIVE

Mr. DASCHLE. Mr. President, the

fday after the tragic bombing in Oklahoma City, when it became more evident that the terrorist attack was

launched by Americans, President

Clinton said he would seek prompt action on counterterrorism proposals he

had already made, and promised to develop additional tools for Federal law

enforcement to use.

Yesterday evening, the President

hosted a meeting of the bipartisan congressional leadership to present his

proposals and ask for timely, bipartisan consideration and enactment.

The President’s proposals result from

the well-considered experience of Federal law enforcement officials. They

are designed to provide the additional

legal authority Government needs to

effectively combat terrorism, whether

domestic or foreign.

These additional authorities will give

Federal law enforcement agencies tools

to combat terrorism more effectively

without undermining or curtailing the

constitutional rights of law-abiding

American citizens.

Briefly, the proposal would extend

the authority the FBI now has in national security cases to access credit

reports and financial data for

counterterrorism investigations.

The same standards as now apply in

routine criminal cases would be used in

counterterrorism cases for the orders

that permit the FBI to use pen registers and trap-and-trace devices in investigations. These devices are not

wiretaps; they simply capture phone

numbers dialed, like a caller ID device

that many people use in their own

homes.

It would require hotel and motel operators and common carriers to provide

records to the FBI for national security cases as they now routinely do for

State and local law enforcement purposes.

It would fully fund the costs of implementing the digital telephony law,

so that the ability of law enforcement

to carry out court-authorized electronic surveillance would not be impeded by the shift to digital transmissions.

It would add 1,000 additional agents,

prosecutors, and other personnel to increase the resources devoted to

counterterrorism investigations, and

establish an interagency

counterterrorism center that would

make sure the information and expertise of all Federal law enforcement

agencies in this field are properly integrated in investigations.

It includes practical issues such as

the requirement that chemical

taggants be included in the raw materials from which explosive charges are

created. This is essential to tracing the

sources of such explosions as the one in

Oklahoma City in the future.

Additionally, the proposal would enhance the penalties for crimes related

to explosives, and directed against Federal employees. The proposal has been

released by the White House, so all my

colleagues have the opportunity to review these proposals in detail.

In addition, the President asked that

we approve the Omnibus

Counterterrorism Act of 1995, legislation which is primarily directed at foreign terrorists.

This package of proposals, along with

the existing legislation, are carefully

designed to give additional tools to law

enforcement without weakening in any

way the constitutional rights of any

American.

The President has been particularly

clear that we will fight against terrorists at home and abroad with all constitutional tools. Anything less would

give the terrorists the victory over us

that they seek: They would have destroyed the fundamental rule of law in

our country.

As Americans, we all understand that

we cannot and must not allow the cowardly attack on civilian Federal workers to incite us to such anger that we

take shortcuts with American citizens’

rights.

The President’s proposals are sound,

moderate, and effective. They reflect

the advice of practical, hands-on law

enforcement agents who have experience in this field. They deserve careful

and thorough review by the Congress,

and they deserve timely enactment.

It had been the President’s hope, and

mine as well, that on this matter,

where there is truly broad agreement

across partisan lines, the Congress

could work in a bipartisan fashion to

enact this package of security enhancements in the not too distant future.

I also hoped that we could have a bipartisan, narrowly tailored package of

proposals that could be enacted without divisive debates over controversial

issues of long standing.

I believe that the American people

expect us to put partisanship and political advantage aside and respond with

unity to the immediate and urgent

needs of Federal law enforcement agencies.

Last night, at the meeting with the

President, there was every indication

that there would be a bipartisan, focused proposal on which Congress and

the President could agree to move us

forward in the effort to combat terrorism. Each of us in attendance pledged

our support toward that end. Regrettably, today the majority leader introduced a bill that threatens to slow our

progress and mire the Senate in divisive, partisan, rhetorical debate.

Americans know that we can and undoubtedly will debate matters such as

habeus corpus reform later this year.

We have debated the issue in virtually

every Congress in the past decade. But

that debate involves persons who are

already incarcerated with no chance

for parole and who no longer pose a

threat to society.

I think this is a time when we should

instead be concentrating on measures

that will have an effect on those who

may be planning an attack, and from

whom we are not at all safe, as the

bombing in Oklahoma City so dramatically proved last week.

I sincerely hope prompt action on

these needed law enforcement tools

will not be held hostage to political

priorities. I believe Americans expect

more of us. I know the Federal workers

who lost their lives and their children

certainly deserve that and more.
April 27, 1995 CONGRESSIONAL RECORD — SENATE S5803

Mr. KYL. Mr. President, I suggest the

absence of a quorum.

The PRESIDING OFFICER. The

clerk will call the roll.

The assistant legislative clerk proceeded to call the roll.

Mr. KYL. 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. KYL. Mr. President, pending one

other matter of business, I am going to

ask for some unanimous-consent agreements that have been cleared with the

minority and represent the minority’s

position as well as the majority leader’s position.

TO PREVENT AND PUNISH ACTS

OF TERRORISM

fMr. KYL. Mr. President, I understand

that Senate bill, S. 735, introduced earlier today by Senators DOLE and HATCH

is at the desk.

The PRESIDING OFFICER. That is

correct.

Mr. KYL. I ask for its first reading.

The PRESIDING OFFICER. The

clerk will read the bill for the first

time.

The assistant legislative clerk read

as follows:

A bill (S. 735) to prevent and punish acts of

terrorism, and for other purposes.

Mr. KYL. I now ask for its second

reading, and the minority leader objects.

The PRESIDING OFFICER. Objection is heard, and the bill will lay over

and will receive its second reading on

the next legislative day.

EULOGIES FOR THE LATE SENATOR JOHN STENNIS OF MISfSISSIPPI

Mr. KYL. Mr. President, I ask unanimous consent that all Senators have

until the close of business on May 10,

1995, to submit eulogies for our former

colleague, the Senator from Mississippi, Mr. Stennis, and that at that

time eulogies be printed as a Senate

document.

The PRESIDING OFFICER. Without

objection, it is so ordered.

RETIREMENT OF THE SENATE ENROLLING CLERK, BRIAN HALLEN

fMr. KYL. Mr. President, I ask unanimous consent that the Senate proceed

to the immediate consideration of Senate Resolution 112 submitted earlier

today by Senators DOLE, and DASCHLE

concerning the retirement of Brian

Hallen, the Senate enrolling clerk.

The PRESIDING OFFICER. Without

objection, it is so ordered.

The clerk will report the resolution

by title.

The assistant legislative clerk read

as follows:

A resolution (S. Res. 112) commending the

Senate Enrolling Clerk upon his retirement.

The Senate proceeded to consider the

resolution.

Mr. DOLE. Mr. President, Brian

BRIAN HALLEN RETIREMENT

fHallen, the Senate Enrolling Clerk,

will retire from the Senate effective

May 26, 1995, after almost 30 years of

Government service. Brian’s Government career started in January 1966 as

a linotype operator at the Government

Printing Office. He later became a

proofreader and in 1975 was detailed to

the Office of the Senate Enrolling

Clerk. In December 1981, he became the

Senate’s first Assistant Enrolling

Clerk, a position he held until March

1986 when he was promoted to his current position as the Senate Enrolling

Clerk.

Brian has dedicated his Senate service to improving the operation of the

Enrolling Clerk’s office and has gladly

and efficiently assisted in an ongoing

effort to reduce congressional printing

costs. During his tenure many innovative and cost-saving changes have been

implemented. Among his accomplishments was the computerization of the

very detailed engrossing and enrolling

process. This enabled his office to have

complete control over the accuracy and

efficiency of the work and a substantial reduction in the cost and amount

of time necessary to produce the printed legislation.

Brian is retiring with the satisfaction of knowing that he has done his

best. His decisions were made with the

best interests of the Senate in mind,

and because of that mindset the institution itself is a better place.

I know all Senators will join me in

thanking Brian for his long, dedicated,

and distinguished service, and extending our best wishes for a long and

healthy retirement.

Mr. DASCHLE. Mr. President, today

marks the end of the Senate career of

Brian Hallen, the Senate Enrolling

Clerk.

Brian began his career of Government service in January 1966 as a linotype operator at the Government

Printing Office. Over the years, he assumed other positions in the Government and eventually in 1981, became

the Senate’s first Assistant Enrolling

Clerk.

Brian served admirably as Assistant

Enrolling Clerk and was promoted to

the position of Enrolling Clerk in 1986.

As the Assistant Enrolling Clerk and

as Enrolling Clerk, Brian has had the

Arduous task of ensuring the accuracy

of every provision—sections and titles—of the bills enacted by this body.

During the appropriations season, I

understand that on many occasions,

prior to the innovations of computerization, Brian could be found in his

office burning the midnight oil working diligently on appropriations bills—

checking and double checking—making

sure every ‘‘t’’ was crossed and every

‘‘i’’ dotted—to ensure that the product

that was delivered to the House or to

the White House was an actual reflection of the Senate’s work.

I applaud him for the fine service he

has given to this body and to his country. The Senate is a better place because of people such as Brian Hallen.

As Brian retires after almost 30 years

of Government service, I wish him the

very best and say ‘‘Thank you’’ for

your many years of service and for

your dedication to this institution.

I am sure all of my colleagues join

with me in saying ‘‘have a long and

happy retirement,’’ and ‘‘Good luck.’’

Mr. KYL. Mr. President, I ask unanimous consent that the resolution be

considered and agreed to, that the preamble be agreed to, and that the motion to reconsider be laid upon the

table, and that any statements relating

to the resolution appear at the appropriate place in the record.

The PRESIDING OFFICER. Without

objection, it is so ordered.

So, the resolution (S. Res. 112) was

considered and agreed to.

The preamble was agreed to.

The resolution, with its preamble, is

as follows:

S. RES. 112

Whereas Brian Hallen will retire from the

United States Senate after almost 30 years of

Government service;

Whereas he served the United States Senate for over 20 years; the last 9 years as the

Enrolling Clerk;

Whereas his dedication to the United

States Senate resulted in the computerization of the engrossing and enrolling process;

Whereas he has performed the duties of his

office with remarkable diligence, perseverance, efficiency and intelligence;

Whereas he has faithfully performed his

duties serving all Members of the Senate and

House of Representatives with great professional integrity; and

Whereas Brian Hallen has earned the respect, affection and esteem of the United

States Senate: Now, therefore, be it

Resolved, That the United States Senate

commends Brian Hallen for his long, faithful

and exemplary service to his country and to

the Senate.

SEC. 2. The Secretary shall transmit a copy

of this resolution to Brian Hallen.

COLORADO RIVER BASIN SALINITY

CONTROL AMENDMENTS ACT

fMr. KYL. Mr. President, I ask unanimous consent that the Senate proceed

to the immediate consideration of Calendar No. 46, S. 523.

The PRESIDING OFFICER. Without

objection, it is so ordered, and the

clerk will report.

The assistant legislative clerk read

as follows:

A bill (S. 523) to amend the Colorado River

Basin Salinity Control Act to authorize additional measures to carry out the control of

salinity upstream of Imperial Dam in a costeffective manner, and for other purposes.

There being no objection, the Senate

proceeded to consider the bill which

had been reported from the Committee

on Energy and Natural Resources, with

an amendment to strike out all after

the enacting clause and inserting in

lieu thereof the following: