ABILITY TO WORK ON BOTH SIDES OF THE AISLE. AND NO ONE COULD
           HAVE CARRIED THIS MATTER ON THE DEMOCRATIC SIDE MORE CAPABLY
           THAN SENATOR DIANE FEINSTEIN. BEFORE SHE CAME TO THE SENATE,
           SHE WAS A PASSIONATE ADVOCATE FOR VICTIMS OF CRIME. AS MAYOR OF
           SAN FRANCISCO, AREA RESIDENTS WHO WERE VICTIMS OF CRIME, SHE
           WAS A PROPONENT THEN AND CARRIES THAT PASSION WITH HER TO THIS

           DEBATE NOW. SHE AND I HAVE WORKED CLOSELY WITH VICTIMS' RIGHTS
           ADD KAGST TO SHAPE THE LEDGE -- ADVOCATES TO SHAPE THE
           LEGISLATION. AND I MIGHT SAY THAT WHILE SOME OF OUR COLLEAGUES
           HAVE SUGGESTED THAT THERE IS SOMETHING WRONG WITH THE FACT THAT
           WE HAVE CONDUCTED DOZENS OF MEETINGS WITH E ADMINISTRATION, THE
           DEPARTMENT OF JUSTICE AND MANY OTHERS AND HONED THIS AMENDMENT
           IN 63 DIFFERENT DRAFTS, WE ARE VERY PROUD OF THE FACT THAT WE
           HAVE INCLUDED ANYONE THAT WANTED TO TALK ABOUT THIS IN OUR

           CIRCLE OF FRIENDS WORKING TO GET AN AMENDMENT THAT COULD PASS
           THE SENATE AND THAT WE HAVE CAREFULLY TAKEN THEIR SUGGESTIONS
           INTO ACCOUNT, THUS ACCOUNTING FOR THE MANY DIFFERENT DRAFTS AS
           THE FOUR-YEAR PROGRESS OF THIS BILL HAS BROUGHT US TO THIS
           POINT. THE FACT THAT WE HAVE TAKEN THEIR SUGGESTIONS TO HEART
           AND CONTINUALLY POLISHED THIS AMENDMENT WE THINK IS A STRONG

           POINT. AND WHILE WE WERE CRITICIZED YESTERDAY ON THE FLOOR FOR
           ENGAGING IN YET MORE NEGOTIATIONS THAT MIGHT RESULT IN A FINAL
           64TH DRAFT, I MUST SAY THAT THAT WAS LAELY AT THE INSTIGATION
           OF SENATOR FEINSTEIN, WHO SAID, GIVEN THE FACT THAT THE
           DEPARTMENT OF JUSTICE HAS FOUR CONCERNS STILL PENDING WITH
           REGARD TO OUR SPECIFIC PROPOSAL, LET'S MEET WITH THEM AND SEE
           IF WE CAN COME TO CLOSURE ON THOSE ITEMS. AND BECAUSE OF HER
           LEADERSHIP, WE WERE ABLE TO COME TO CLOSURE ON THREE OF THEM.
           WE BELIEVE THAT WE MADE MORE THAN A GOOD-FAITH EFFORT WITH

           RESPECT TO THE FOURTH, WHICH HAD TO DO WITH PROTECTION OF
           DEFENDANTS' RIGHTS. WE WERE WILLING TO ACKNOWLEDGE THAT THE
           RIGHTS ENUMERATED IN THIS PROPOSAL TAKE NOTHING WHATSOEVER AWAY
           FROM DEFENDANTS' RIGHTS. I DON'T KNOW HOW MORE CLEARLY WE CAN
           SAY IT. THAT WAS NOT ACCEPTABLE TO THE DEPARTMENT OF JUSTICE.
           BUT IT IS NOT FOR WANT OF TRYING ON THE PART OF SENATOR
           FEINSTEIN THAT WE HAVE BEEN UNABLE TO SECURE THE SUPPORT OF THE
           DEPARTMENT OF JUSTICE FOR THIS AMENDMENT. SO MY FIRST SINCERE
           THANKS GO TO -- GOES TO THE PERSON WITHOUT WHOM WE WOULD NOT BE

           AT THIS POINT, MY COLLEAGUE, SENATOR FEINSTEIN. AND I ALSO WANT
           TO THANK LEADER LOTT. WHEN I WENT TO HIM WITH A REQUEST FOR
           FLOOR TIME FOR THIS AMENDMENT, HIS FIRST RESPONSE WAS, YOU KNOW
           ALL OF THE BUSINESS THAT THE SENATE HAS TO CONDUCT. ARE YOU
           SURE THAT -- THAT YOU WANT TO GO FORWARD WITH THIS?
           AND I SAID, WE ARE ABSOLUTELY CERTAIN. DESPITE ALL OF THE OTHER
           PRESSING BUSINESS, HE WAS WILLING, BECAUSE HE, TOO, BELIEVES
           STRONGLY IN THIS PROPOSAL, AS A COSPONSOR, TO GIVE US THE FLOOR

           TIME TO TRY TO GET THIS THROUGH. IT IS PARTIALLY OUT OF CONCERN
           FOR HIS RESPONSIBILITIES AS LEADER THAT WE RECOGNIZE THAT TO
           PROCEED WOULD TO BE RESULT IN A VOTE THAT WOULD NOT BE
           SUCCESSFUL AND, THEREFORE, RATHER THAN USE THAT PRECIOUS TIME,
           WE ARE PREPARED TO VISIT PRIVATELY WITH OUR COLLEAGUES TO THE
           FURTHER PROVIDE EDUCATION TO THEM ABOUT THE NECESSITY OF THIS
           AMENDMENT. SINCE CLEARLY THE METHODOLOGY THAT WE HAVE ENGAGED
           IN THUS FAR WAS NOT WORKING. WHERE WE WOULD MAKE STRONG

           ARGUMENTS, I DARE SAY IT DIDN'T APPEAR THAT ANYONE WAS HERE ON
           THE FLOOR LISTENING BECAUSE WHEN VARIOUS OPPONENTS WOULD COME
           TO THE FLOOR, THEY WOULD REPEAT THE SAME MANTRA OVER AND OVER
           AGAIN THAT WE HAD ALREADY ADDRESSED. PART OF THAT MANTRA WAS,
           "WHY, DID YOU KNOW THAT THIS AMENDMENT WAS LONGER THAN THE BILL
           OF RIGHTS?" AND WE WOULD PATIENTLY RESTATE THAT THAT ISN'T
           TRUE, THAT ALL OF THE RIGHTS OF THE DEFENDANTS IN THE
           CONSTITUTION ARE EMBODIED IN LANGUAGE OF MORE WORDS THAN THIS
           AMENDMENT THAT EMBODIES THE VICTIMS' RIGHTS AND SO ON. AND THEN

           THAT INDIVIDUAL WOULD LEAVE THE FLOOR AND THEN ANOTHER
           INDIVIDUAL WOULD COME TO THE FLOOR AND REPEAT THE SAME
           ERRONEOUS INFORMATION AND WE WOULD HAVE TO PATIENTLY RESPOND TO
           THAT. RATHER THAN CONTINUE THAT PROCESS, WE BELIEVE IT'S BETTER
           THAT WE VISIT WITH OUR COLLEAGUES WHEN WE ARE NOT USING THIS
           TIME ON THE FLOOR AND EXPLAIN ALL OF THIS TO THEM WITH THE HOPE
           THAT THEY WILL THEN BE BETTER ABLE TO SUPPORT US IN THE FUTURE.
           SO I THANK SENATOR FEINSTEIN. WE'VE GONE THROUGH A LOT TOGETHER

           ON THIS, AND THERE IS NOBODY IN THIS BODY FOR WHOM I HAVE
           GREATER RESPECT. AND, AGAIN, I THANK SENATOR LOTT, THE MAJORITY
           LEADER, FOR HIS SUPPORT FOR US AS WELL. THE NATIONAL CRIME --
           THE NATIONAL VICTIMS' CONSTITUTIONAL AMENDMENT NETWORK IS ONE
           OF THE REAL STRONG VICTIMS' RIGHTS GROUPS THAT HAS BACKED US
           THROUGHOUT THIS PROCESS. ROBERTA ROPER IS INVOLVED IN THAT AND
           SHE WAS IN MY OFFICE THIS MORNING. SHE WAS WITH US YESTERDAY.
           SHE HAS BEEN WITH US THROUGHOUT THE PROCESS HELPING US EVALUATE
           THESE VARIOUS PROPOSALS AND ASSISTING US. THE NATIONAL

           ORGANIZATION FOR VICTIM ASSISTANCE, KNOWN BY THE ACRONYM, NOVA,
           HEADED BY MARLENE YOUNG AND JOHN STEIN. AND ALL OF THE PEOPLE
           ON THE NOVA BOARD. WE ARE ENORMOUSLY APPRECIATIVE OF THEIR
           STRONG SUPPORT AND ASSISTANCE THROUGHOUT THIS EFFORT. AND THEY
           ARE GOING TO CONTINUE THE FIGHT FOR SURE. MARCIA KITE, WHO
           SENATOR FEINSTEIN AND I HAVE COME TO KNOW AND REALLY RESPECT
           BECAUSE OF HER ADVOCACY AS SOMEONE WHOSE DAUGHTER WAS KILLED IN
           THE OKLAHOMA CITY BOMBING AND WHO CAN BRING THE EXPERIENCE OF

           THAT TRITE AND THE FIRSTHAND KNOWLEDGE OF HOW VICTIMS WERE
           DENIED THEIR RIGHTS EVEN TO ATTEND THE TRIAL. SHE'S BEEN AN
           IMPORTANT WITNESS FOR US BEFORE THE JUDICIARY COMMITTEE AND AT
           VARIOUS OTHER FORUMS. ONE OF THE GROUPS IN THE COUNTRY THAT IS
           MOST STRONGLY IN SUPPORT AND HAS PROVIDED A LOT OF GRASS-ROOTS
           SUPPORT IS THE MOTHERS AGAINST DRUNK DRIVING OR MADD. AND I
           MIGHT ALSO ADD THAT THE STUDENTS AGAINST DRUNK DRIVING, THE
           SADD GROUP OF YOUNGER PEOPLE HAS BEEN HELPFUL AS WELL. BUT TOM
           HOWARTH AND MILLIEWEBB AND CATHERINE PROS SCOTT AND OTHERS HAVE

           BEEN VERY, VERY HELPFUL TO US -- KATHERINE PRESS SCOTT AND
           OTHERS HAVE BEEN VERY, VERY HELPFUL TO US IN THAT RARTED. AND
           RITA GOLDSMITH HAS BEEN TREMENDOUSLY HELPFUL FROM MY OWN STATE
           OF ARIZONA. WE'VE HAD TREMENDOUS HELP FROM SCHOLARS LIKE
           LAWRENCE TRIBE, PROFESSOR PAUL CASSELL, AND I THANK THEM ALL
           FOR THEIR JUST ENORMOUS HELP IN THIS EFFORT, INCLUDING THEIR
           TESTIMONY BEFORE THE JUDICIARY COMMITTEE. THERE ARE MANY
           PROSECUTORS. I NEED TO MENTION A COUPLE FROM MY OWN STATE. THE

           TWO LARGEST COUNTIES IN ARIZONA ARE MERICOPA AND PIMA COUNTIES.
           RICK ROMLEY, THE REPUBLICAN ELECTED ATTORNEY FROM MERICOPA
           COUNTY, THE SIXTH LARGEST COUNTY BY POPULATION IN THE COUNTRY,
           AND ROBERTA WALL, A DEMOCRAT ELECTED ATTORNEY FROM PIMA COUNTY,
           HAVE BEEN VERY, VERY HELPFUL IN OUR WORK. LAW ENFORCEMENT HAS
           BEEN VERY WELL REPRESENTED BY ORGANIZATIONS AND INDIVIDUALS.
           THE LAW ENFORCEMENT ALLIANCE OF AMERICA, DARLENE HUTCHISON AND
           LAURA GRIFFITH HAVE BEEN VERY, VERY HELPFUL. VARIOUS ATTORNEYS
           GENERAL, PEOPLE LIKE DELAWARE ATTORNEY GENERAL JANE BRADY,

           WISCONSIN ATTORNEY GENERAL JIM DOYLE, KANSAS ATTORNEY GENERAL
           CARLOS STOVAL. BY THE WAY, MR. PRESIDENT, DEMOCRATS AND
           REPUBLICANS ALIKE. A TOTALLY BIPARTISAN EFFORT BY LAW
           ENFORCEMENT. IN FACT, THE NATIONAL ASSOCIATION OF ATTORNEYS
           GENERAL -- AND WE HAVE A VERY GOOD LETTER SIGNED BY THE THE
           VAST MAJORITY OF THE ATTORNEYS GENERAL IN SUPPORT OF OUR CRIME
           VICTIM CONSTITUTIONAL RIGHTS AMENDMENT. WE ALSO HAVE SUPPORT
           FROM FORMER UNITED STATES ATTORNEYS GENERAL. ED MIDDLE EAST,
           BILL BARR, DICK THORNBURGH HAVE WRITTEN A LETTER STRONGLY IN

           SUPPORT OF OUR SPECIFIC PROPOSAL. ONE PERSON WHOM AMERICANS
           KNOW FROM THE SHOW "AMERICA'S MOST WANTED," JOHN WALSH HAHN AN
           EARLY AND STRONG SUPPORTER OF OUR PROPOSAL. -- HAS BEEN AN
           EARLY AND STRONG SUPPORTER OF OUR PROPOSAL. STEPHANIE ROPER --
           I MENTIONED ROBERTA ROPER -- BUT STEVE KELLY FROM THE
           FOUNDATION HAS BEEN VERY HELPFUL. THE AIR SUPPORT FOR CRIME
           VICTIMS, A PERSON WHO HELPED SENATOR FEINSTEIN?
           THE EARLY YEARS UNTIL VERY RECENT. KNEEL WINTER, A SUPERB
           FORMER SENATE STAFF MEMBER WHO IS NO NO LONGER WITH THE SENATE
           BUT WHOM I VISITED WITH JUST THIS MORNING AND WHO CONTINUES HIS

           SUPPORT FOR THIS. MATT LOMBARDI AND DAVID HENT HENTMAN OF
           SENATOR FEINSTEIN'S OFFICE, JASON ALBERTS, NICK DICKINSON, AND
           TAYLOR WYNN OF MY OFFICE, AND PROBABLY MOST IMPORTANTLY, STEVEN
           HIGGINS OF MY STAFF, AND STEVE TWIST, AN ATTORNEY FROM ARIZONA,
           WHOSE SUPPORT AND COMPETENCE IN HELPING US THROUGH THIS PROCESS
           WAS, FRANKLY, SIMPLY INDISPENSABLE. MR. PRESIDENT, I'D ALSO
           LIKE TO SUBMIT FOR THE RECORD TWO THINGS AT THIS POINTS. ONE
           SAY LIST OF CRIME VICTIM RIGHTS AMENDMENTS -- ONE IS A LIST OF

           CRIME VICTIM RIGHTS AMENDMENTS SUPPORTERS. AND THIS LIST
           INCLUDES, IN ADDITION TO THOSE THAT I MENTIONED, A WHOLE LIST
           OF -- MORE THAN HALF A PAGE OF LAW ENFORCEMENT ORGANIZATIONS. I
           MENTION THIS BECAUSE THERE'S BEEN SOME SUGGESTION THAT LAW
           ENFORCEMENT DOESN'T SUPPORT US. THE FEDERAL LAW ENFORCEMENT
           OFFICERS ASSOCIATION, LAW ENFORCEMENT ALLIANCE OF AMERICA
           AMERICA, AMERICAN PROBATION AND PAROLE ASSOCIATION, THE
           AMERICAN CORRECTIONAL ASSOCIATION, THE NATIONAL CRIMINAL
           JUSTICE ASSOCIATION, THE NATIONAL ORGANIZATION OF BLACK LAW
           ENFORCEMENT EXECUTIVES, NATIONAL TROOPERS COALITION, CONCERNS

           OF POLICE SURVIVORS, AND ON AND ON. THIS AMENDMENT IS STRONGLY
           SUPPORTED BY PROSECUTORS, LAW ENFORCEMENT, LEGAL SCHOLARS,
           ATTORNEYS GENERAL, GOVERNORS, FORMER U.S. ATTORNEYS GENERAL,
           AND MANY, MANY MORE. AND I ASK UNANIMOUS CONSENT TO PUT THIS
           LIST OF SUPPORTERS IN THE RECORD.
           

           THE PRESIDING OFFICER: WITHOUT OBJECTION.
           

           MR. KYL: AND FINALLY, I ASK UNANIMOUS CONSENT TO PUT INTO THE
           RECORD A SERIES OF ABOUT A DOZEN OR SO STATEMENTS OR LETTERS
           FROM SUPPORTERS OF THE AMENDMENT. AND INCLUDED IN THOSE,
           INCIDENTALLY, IS A STRONG STATEMENT OF SUPPORT FOR OUR SPECIFIC
           AMENDMENT BY GOVERNOR GEORGE BUSH OF THE STATE OF TEXAS. I ASK
           UNANIMOUS CONSENT TO INTRODUCE THESE INTO THE RECORD.
           

           THE PRESIDING OFFICER: WITHOUT OBJECTION.
           
           MR. KYL:, NOW I AM GOING TO MAKE SOME CONCLUDING REMARKS ABOUT
           WHY WE BELIEVE SO STRONGLY IN THIS AMENDMENT, HOW WE INTEND TO
           PURSUE THE AMENDMENT, AND WHY SUPPORTERS OF THIS AMENDMENT
           SHOULD TAKE HEART ABOUT HOW FAR WE HAVE COME IN THIS PROCESS
           AND NOT AT ALL BE DISSPIRITED BY THE FACT THAT THERE WILL NOT
           BE A FINAL VOTE ON THIS AMENDMENT AT THIS TIME. I'LL MAKE THOSE

           COMMENTS AFTER SENATOR FEINSTEIN HAS HAD AN OPPORTUNITY TO MAKE
           SOME COMMENTS THAT I KNOW SHE STRONGLY WISHES TO MAKE. SENATOR
           SCHUMER?
           
           

           MR. SCHUMER: I WOULD JUST ASK YOU TO YIELD BRIEFLY BECAUSE I
           KNOW SENATOR FEINSTEIN WANTS TO SPEAK BRIEFLY. FOR TWO WHICH
           REQUESTS. ONE IS UNANIMOUS CONSENT, WHICH I HAD FORGOTTEN
           YESTERDAY, THAT A FROM THE JUDICIAL CONFERENCE ON THIS
           AMENDMENT. I ASK UNANIMOUS CONSENT IT BE SUBMITTED TO THE
           RECORD.
           

           THE PRESIDING OFFICER: WITHOUT OBJECTION.
           
           MR. SCHUMER:, AND, SECOND, I WOULD JUST LIKE TO THANK BOTH
           SENATOR KYL AND SENATOR FEINSTEIN FOR THE PASSION, THE
           ERUDITION, THE CONVICTION AND FOR THE CAUSE. I THINK IT,
           OBVIOUSLY, IS WISE TO DELAY. THIS I KNOW THAT WE MAY BE BACK
           FOR ANOTHER DAY, SO MAYBE WE CAN AIL COME TOGETHER. I WOULD
           PLEAD WITH THEM THAT THEY CONSIDER A PROPOSAL OF MAKING THIS A
           KYL-FEINSTEIN STATUTE AS OPPOSED TO A KYL-FEINSTEIN
           CONSTITUTIONAL AMENDMENT, WHERE I THINK IT MIGHT GET CLOSE TO

           UNANIMOUS SUPPORT ON 9 FLOOR. BUT HAVING SAID THAT, I JUST WANT
           TO SAY I THOUGHT THE DEBATE WE WERE HAVING AND MAY WELL
           CONTINUE TO HAVE, AT LEAST TO MY YOUNG DAY -- YOUNG YEARS IN
           THE SENATE, WAS ONE OF THE BEST TIMES OF THE SENATE, WHERE WE
           EACH TALKED ABOUT THE ISSUE WITH -- WITH OUR CONCERNS, OUR
           INTELLIGENCE, AND OUR PASSIONS PASSIONS. WE TRIED TO MEET THE
           ISSUE HEAD-ON. AND I JUST WANT TO THANK BOTH THE SENATOR FROM
           ARIZONA AND THE SENATOR FROM CALIFORNIA FOR THEIR GOOD WORK ON
           THIS AND HOPE THAT WE CAN COME TOGETHER ON SOME SORT OF A

           COMPROMISE ON AN ISSUE WE ALL CARE SO MUCH ABOUT. I YIELD.
           

           MR. KYL: MR. PRESIDENT, I'D LIKE TO REITERATE WHAT I SAID
           YESTERDAY TO SENATOR SCHUMER AND THAT IS THAT THE -- THE BEST
           PART OF THE DEBATE THAT WE HAD WAS THE DEBATE WITH SENATOR
           SCHUMER, WHOSE APPROACH TO THIS WAS SERIOUS, WAS INTELLIGENT. I
           THINK HE ASKED THE BEST QUESTIONS. I THINK WE ANSWERED THEM.
           BUT WE DIDN'T COME TO AN AGREEMENT, AND, OF COURSE, WE WILL BE
           WORKING WITH HIM IN THE FUTURE ON THIS MATTER. HOPEFULLY TO
           PERSUADE HIM THAT A CONSTITUTIONAL AMENDMENT IS THE BEST WAY TO
           GO. BUT THE DEBATE WE HAD BETWEEN SENATOR FEINSTEIN, SENATOR

           SCHUMER AND MYSELF I THOUGHT WAS THE HIGHLIGHT OF THIS DEBATE.
           AND I APPRECIATE HIS REMARKS RIGHT NOW. AND AT THIS POINT, I
           WOULD LIKE TO YIELD TO SENATOR FEINSTEIN FOR COMMENTS I KNOW
           SHE WOULD LIKE TO MAKE.
           

           MRS. FEINSTEIN: I THANK THE DISTINGUISHED SENATOR FROM ARIZONA.
           I ALSO THANK THE SENATOR FROM NEW YORK, AND I THANK YOU, MR.
           PRESIDENT, FOR ALLOWG ME TO PROCEED. I WANT TO BEGIN BY
           THANKING THE SENATOR FROM ARIZONA, JON KYL, THIS WORK WITH YOU
           ON THIS AMENDMENT HAS TRULY BEEN ONE OF THE HIGHLIGHTS OF MY
           SEVEN YEARS IN THIS SENATE. YOU HAVE WORKED IN A WAY THAT HAS
           BEEN CREDIBLE, WITH INTEGRITY. YOU HAVE BEEN FULLSOME IN YOUR

           SHARING OF DETAIL. WE HAVE GONE SHOULDER TO SHOULDER THROUGH
           VIRTUALLY EVERY RUNG OF THIS THROUGH FOUR YEARS OF DISCUSSIONS,
           OF CONFERENCES, OF HEARINGS, 800 PAGES OF TESTIMONY, SOME 35
           WITNESSES. I AGREE WITH EVERYTHING YOU SAID ABOUT THE INCLUSIVE
           NATURE OF THE PROCESS. AND I -- I MUST TELL YOU HOW MUCH I
           ADMIRE YOU. WE WORK TOGETHER ON THE TECHNOLOGY AND TERRORISM

           COMMITTEE OF THE JUDICIARY COMMITTEE, AND I SAW IT THERE. BUT I
           HAVE NEVER SEEN IT WITH ANOTHER SENATOR AS PRONOUNCED AS IT WAS
           IN THESE PAST FOUR YEARS IN THE WORK ON THIS ISSUE. AND I -- I
           FEEL A FRIENDSHIP HAS DEVELOPED IN THE PROCESS, ONE WHICH MEANS
           A GREAT DEAL TO ME. AND I THINK YOUR LEADERSHIP HAS BEEN
           SUPERB. AND THAT CERTAINLY NOTHING
{END: 2000/04/27 TIME: 13-00 , Thu.  106TH SENATE, SECOND SESSION}