Statement of Senator Patrick Leahy
Conference Report on H.R. 2215,
The 21^st Century Department of Justice Appropriations Authorization Act
(Prepared Remarks; Varies Slightly From Remarks As Delivered)
Senate Floor
September 30, 2002

Last Thursday, the House of Representatives passed the conference report for the Department of Justice Appropriations Authorization Act by an overwhelming bipartisan majority – by a vote of 400-4.  That same day, every Democrat in the United States Senate agreed to its passage.  We were prevented from passing this critical legislation, however, because of an anonymous hold by a Republican Senator. 

I come to the floor today to make it clear that whoever is blocking this conference report is obstructing the will of the House and Senate to strengthen our Justice Department and the FBI, increase our preparedness against terrorist attacks, prevent crime and drug abuse, improve our intellectual property and antitrust laws, strengthen and protect our judiciary, and offer our children a safe place to go after school.  At the very least, those who have held this bill should have the courage to make their opposition public, and explain to their constituents why they do not believe it should become law. 

For more than two decades, the Congress has failed to authorize the Justice Department.  Through Republican and Democratic administrations, we have allowed the Department to escape its accountability to the Judiciary Committees of the Senate and House of Representatives.  We have a strong institutional interest in restoring that accountability that crosses party lines.  The House has recognized this, and has done its job.  We need to do ours. 

Let me explain some of the key provisions in this conference report that Senate Republicans have blocked. 

First, this conference report provides Federal, state, and local governments with the tools they need to battle terrorism.  It fortifies our border security by authorizing over $20 billion for the administration and enforcement of the laws relating to immigration, naturalization, and alien registration.  It also authorizes funding for Centers for Domestic Preparedness in Alabama, Texas, New Mexico, Louisiana, Nevada, Vermont and Pennsylvania, and adds additional uses for grants from the Office of Domestic Preparedness to support state and local law enforcement agencies. 

Another measure in the bill would correct a glitch in a law that helps prosecutors combat the international financing of terrorism.  I worked closely with the White House to pass this provision in order to bring the United States into compliance with a treaty that bans terrorist financing, but without this technical, non-controversial change, the provision may not be usable.  This law is vital in stopping the flow of money to those who seek to harm our citizens.  Worse yet, at a time when the President is going before the U.N. emphasizing that our enemies are not complying with international law, by blocking this minor fix, we leave ourselves open to a charge that we also are not in compliance with an important anti-terrorism treaty.

Second, this conference report enhances our law enforcement efforts.  Among other things, it pushes the FBI to reform its outdated computer system, provides danger pay for FBI agents performing hazardous duty abroad, and provides for sentencing enhancements when criminals use body armor in crimes of violence or drug trafficking crimes. It also Includes Senator Carnahan’s “Law Enforcement Tribute Act,” which authorizing grants to States, local governments and Indian tribes for memorials to honor killed or disabled while serving as law enforcement safety officers and the Feinstein-Sessions “James Guelff and Chris McCurley Body Armor Act,” to provide appropriate sentencing enhancements when defendants use body armor in crimes of violence or drug trafficking crimes.

Third, the conference report that the Senate’s Republicans are blocking will prevent crime from occurring in the first place.  We reached a bipartisan agreement to give the Boys and Girls Clubs the funds they need to establish 1,200 additional Clubs across the nation.  It is a sad day when Senate Republicans hide behind anonymous holds to block the good work of the Boys and Girls Clubs.  Senate Republicans are also blocking funding that will put an additional assistant United States Attorney in every district in the nation to implement the Bush Administration’s Project Safe Neighborhoods Initiative, which is aimed at preventing school violence.

This conference report – which every conferee in both the House and Senate signed – strengthens our efforts to prevent domestic violence and protect its victims.  By creating a new Violence Against Women Office in the Justice Department, we ensure an increased Federal focus on this tragic and recurring problem.  I had not thought that preventing domestic violence was a partisan issue, but perhaps I was mistaken. 

Fourth, this legislation authorizes programs that will reduce drug abuse and recidivism, from adult and juvenile drug courts, to increased funding for drug treatment in prisons, to funding for police training in South and Central Asia to reduce the flow of drugs into our nation.  All of these proposals are bipartisan, and most were contained in the Hatch-Leahy Drug Abuse Education, Prevention, and Treatment Act.  We need to move forward and make them law.

Fifth, the conference report contains a number of important intellectual property provisions that will help American innovators and businesses, both big and small.  The conference report includes the Leahy-Hatch Madrid Protocol Implementation Act,@ S. 407, that has been held up for over one year by an anonymous Republican hold.  This legislation would implement a treaty and allow American businesses to obtain Aone stop@ international trademark registration -- a process available only to signatory countries to the Protocol.  This would benefit American businesses and companies who need to protect their trademarks as they sell their goods and services in international markets, particularly over the Internet.

Another important intellectual property provision is the Hatch-Leahy TEACH Act, S. 487, to clarify the educational use exemption in the Copyright law and allow educators to use the same rich material in distance learning over the Internet that they are able to use in face-to-face classroom instruction.  Finally, the conference report would reauthorize and modernize the Patent and Trademark and specifically authorize funds to augment the investigation and prosecution of intellectual property crimes and piracy online.

Sixth, this conference report creates or extends 20 Federal judgeships, more than were created during the six-plus years that the Republican Party controlled the United States Senate and blocked both Clinton Administration judicial nominations and the creation of new federal judicial positions.  We have included new Federal judges in Arizona, Alabama, Texas, and New Mexico, among other States.  We have heard repeatedly from our Republican friends about the need for new judges, but now legislation to authorize new judges has fallen victim to an anonymous Republican hold.

Seventh, the conference report improves our civil justice system by prohibiting mandatory arbitration in a motor vehicle franchise contract between manufacturers and automobile dealers, to the same effect as the Hatch-Feingold-Leahy-Grassley AMotor Vehicle Franchise Contract Arbitration Fairness Act,@  S.1140, which has more than 60 cosponsors.  In addition, the conference report includes amendments to the Radiation Exposure Compensation Act to expand eligibility for compensation for injured uranium miners, mill workers, and ore transporters, and streamlines application process for claimants to prove eligibility.  I know that many Senators from western states on a bipartisan basis, such as Senators Daschle, Hatch, Johnson and Domenici, strongly support these RECA changes. 

Finally, the conference report includes several important immigration provisions that will help underserved and rural areas with a critical shortage of medical doctors by allowing foreign doctors who are educated in the United States to remain here if they will practice in underserved areas. The legislation would extend H-1B status for certain working aliens, and make it possible for children whose sponsoring parent has died to apply for citizenship nonetheless.  These are all non-controversial provisions to help not just certain immigrants, but important parts of our country.

The Republican hold -- or holds -- on this conference report repeats an unfortunate pattern of anonymous Republican holds on bipartisan legislation designed to improve our Nation’s national security, law enforcement and immigration policies and the judicial branch of government.  I have not been advised of any substantive question or issue with any of the provisions in this conference report.  That leaves me to wonder whether the holds are merely partisan blocking maneuvers to ensure that Republicans have a “talking point” to criticize the Democratic-controlled Senate for inaction on important measures.  That would be very unfortunate.

We should have passed this conference report on Thursday, or at the very least been able to debate any problems that a Senator may have with this comprehensive and bipartisan bill.  For the sake of the Justice Department, the United States Congress, and the American people, we should pass this legislation today. 

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IMPROVING CIVIL JUSTICE

Motor Vehicle Franchise Fairness: Prohibits mandatory binding arbitration in a motor vehicle franchise contract between manufacturers and automobile dealers, to the same effect as the Hatch-Feingold-Leahy-Grassley AMotor Vehicle Franchise Contract Arbitration Fairness Act,@  S.1140, which has more than 60 cosponsors.

Radiation Exposure Compensation Act: Expands eligibility for compensation for injured uranium miners, mill workers, and ore transporters, and streamlines application process for claimants to prove eligibility.  Similar to legislation supported by Senators Daschle, Hatch and Johnson.

Antitrust Technical Corrections Act: Includes improvements to the Clayton Act and other anti-trust laws.
 

IMPROVING IMMIGRATION PROCEDURES

J-1 Visa Waiver: Includes reauthorization of the J-1 visa waiver program, which allows foreign doctors who are educated in the United States to remain here if they will practice in underserved areas.  The language is similar to S. 2674, introduced by Senators Conrad and Brownback. 

H-1B Visas: Allows extension of H-1B status for aliens who file a labor certification more than 365 days before the end of their sixth year, due to the lengthy processing times at the Department of Labor.

Help to Children: Authorizes naturalization on behalf of a child by the child's grandparent or legal guardian, if the parent who otherwise would be authorized to submit such application is deceased.

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