May 26, 1995 CONGRESSIONAL RECORD — SENATE S7629

the people, I am introducing a different

kind of constitutional amendment. An

amendment that would simply give

States the explicit right to limit congressional terms. It would not mandate

that any State limit the nature or extent of the terms of the individuals

who represent it in the Congress, but

would give the States, if they chose to

do so, the right to limit the Members’

terms who represent that State.

In the Arkansas case, which was announced earlier this week, Justice

Clarence Thomas wrote, ‘‘Where the

Constitution is silent it raises no bar

to action by the States or the people.’’

I believe that he is correct. Where

the Constitution does not speak, the

people and their States should have a

right. Unfortunately, a majority of Supreme Court Justices did not agree

with Justice Thomas. In order to supply them with what they appear to require, I believe we should allow the

Constitution a way to shout out ‘‘freedom.’’ This is a freedom the American

people want and a freedom the American people understand is necessary.

More than 3 out of 4 people in the

United States endorse the concept of

term limits. They have watched individuals come to Washington and spend

time here, captivated by the Beltway

logic, the spending habits and the

power that exists in this city. The people of America know that the talent

pool in America is substantial and

there are many who ought to have the

opportunity of serving in the U.S. Congress. Furthermore, they know that

term limits would make sure that individuals who go to Washington return

someday to live under the very laws

that they enact.

I believe the people in the various

States of this Republic should have the

opportunity to limit the terms of those

who serve them in the U.S. Congress.

In light of the fact that the administration has argued against term limits,

the executive branch is not going to

support term limits, and because the

judicial branch has ruled conclusively

now in the United States Supreme

Court that the States have no constitutional authority, it is up to those of us

who serve in the U.S. Congress to do

something to extend to the people their

right to speak.

This is the house of the people. This

Congress is the place where the voice of

the people can, and should, be heard.

Let us provide another avenue where

the voice of the people regarding this

important matter can be heard.

It is my pleasure to announce that

today I am proposing a joint resolution

to be enacted or passed by a two-thirds

vote of each Chamber of Congress,

which merely reads:

‘‘SECTION 1. Each State or the people thereof may prescribe the maximum number of

terms to which a person may be elected or

appointed to the Senate of the United

States.

‘‘SECTION 2. Each State or the people thereof may prescribe the maximum number of

terms to which a person may be elected to

the House of Representatives of the United

States.

‘‘SECTION 3. This article shall be inoperative unless it shall have been ratified as an

amendment to the Constitution by the legislatures of three-fourths of the several States

within seven years from the date of its submission to the States by the Congress.’’.

Obviously section 3 is simply the

ratification clause.

It is a simple amendment to accord

to the people of the United States of

America a profound right—the right to

make sure that the individuals who

represent them in this body and in the

House of Representatives are people

who stay in touch with their needs and

concerns, the aspirations, the hopes

and the wishes of those who sent them

here. The right to limit the terms of

Members of the U.S. Senate and the

right to limit the terms of those individuals who represent districts in our

States in the U.S. House of Representatives.

Because that right has been rejected—argued against by the executive branch, the Clinton administration, and ruled against by the U.S. Supreme Court—we, the Members of the

U.S. Congress, are forced to accord

that right to the people. We must at

least give them the opportunity to vote

on that right by sending to them this

joint resolution on the right of States

and individuals to limit Members’

terms who serve the States and the districts of those States in the U.S. Congress.

It is a profoundly important expression of our confidence in the people of

this country to extend to them the

right to be involved in making this

judgment. I submit this joint resolution today in the hopes that democracy

will continue to flourish as people have

greater opportunities to be involved.

ADDITIONAL COSPONSORS

fS. 768

At the request of Mr. GORTON, the

names of the Senator from Idaho [Mr.

CRAIG], and the Senator from Utah [Mr.

HATCH] were added as cosponsors of S.

768, a bill to amend the Endangered

Species Act of 1973 to reauthorize the

act, and for other purposes.

S. 853

At the request of Mr. GORTON, the

name of the Senator from Montana

[Mr. BAUCUS] was withdrawn as a cosponsor of S. 853, a bill to amend title

28, United States Code, to divide the

ninth judicial circuit of the United

States into two circuits, and for other

purposes.

SENATE JOINT RESOLUTION 21

At the request of Mr. THOMPSON, the

name of the Senator from Texas [Mr.

GRAMM] was added as a cosponsor of

Senate Joint Resolution 21, a joint resolution proposing a constitutional

amendment to limit congressional

terms.

AMENDMENTS SUBMITTED

THE COMPREHENSIVE TERRORISM

PREVENTION ACT OF 1995

LIEBERMAN AMENDMENT NO. 1200

Mr. LIEBERMAN proposed an

amendment to amendment No. 1199

proposed by Mr. DOLE to the bill (S.

735) to prevent and punish acts of terrorism, and for other purposes; as follows:

Insert at the appropriate place the following new section:

SEC. . REVISION TO EXISTING AUTHORITY FOR

EMERGENCY WIRETAPS.

(a) Section 2518(7)(a)(iii) of title 18, United

States Code, is amended by inserting ‘‘or domestic terrorism or international terrorism

(as those terms are defined in 18 U.S.C. 2331)

for offenses described in section 2516 of this

title.’’ after ‘‘organized crime’’.

(b) Section 2331 of title 18, United States

Code, is amended by inserting the following

words after subsection (4)—

‘‘(5) the term ‘domestic terrorism’ means

any activities that involve violent acts or

acts dangerous to human life that are a violation of the criminal laws of the United

States or of any State and which appear to

be intended to intimidate or coerce a civilian

population or to influence the policy of a

government by intimidation or coercion; or

to affect the conduct of a government by assassination or kidnapping.’’.

(c) Section 2518(7) of title 18 is amended by

adding after ‘‘Notwithstanding any other

provision of this chapter,’’ ‘‘but subject to

section 2516,’’.

THE HANFORD LAND

MANAGEMENT ACT

f

JOHNSTON (AND MURKOWSKI)

AMENDMENT NO. 1201

(Ordered referred to the Committee

on Energy and Natural Resources.)

Mr. JOHNSTON (for himself and Mr.

MURKOWSKI) submitted an amendment

intended to be proposed by them to the

bill (S. 871) to provide for the management and disposition of the Hanford

Reservation, to provide for environmental management activities at the

reservation, and for other purposes; as

follows:

After section 7, add the following:

‘‘SEC. 8. COMPLIANCE WITH CERCLA, RCRA,

NEPA, AND OTHER LAWS.

‘‘(a) POLICY.—This Act shall govern all

land management and environmental management activities at the Hanford Reservation and shall preempt any provision of federal, state, or local law or regulation, or any

agreement entered into by the Department

of Energy that is inconsistent with this Act.

‘‘(b) PREEMPTION.—No environmental management activity conducted by the Secretary

or the employees or contractors of the Secretary at the Hanford Reservation shall be

subject to—

‘‘(1) the Comprehensive Environmental Response, Compensation, and Liability Act of

1980 (42 U.S.C. 9601–9675);

‘‘(2) the Solid Waste Disposal Act (42 U.S.C.

6901 to 6992k, also known as the Resource

Conservation and Recovery Act);

‘‘(3) any state or local law or regulation relating to environmental management activities; or