[Congressional Record Volume 140, Number 117 (Thursday, August 18, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 18, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                                 CRIME

  Mr. DOLE. Mr. President, during the past 2 days, the distinguished 
chairman of the Judiciary Committee, Senator Biden, has made a number 
of regrettable comments on this floor that have mischaracterized not 
only my views, but the views of other Republican Senators. I would like 
to take a few moments now to set the record straight.
  On Tuesday, and again yesterday, Senator Biden claimed that the crime 
bill incorporates the Megan Kanka Law, named after the 7-year-old girl 
who was raped and strangled to death near her home in Hamilton 
Township, NJ. The Megan Kanka Law would require State law enforcement 
agencies to notify the public when a violent sexual predator is living 
in their neighborhoods. Contrary to Senator Biden's assertions, this 
public-notification provision, modeled after a successful Washington 
State law, was stripped out of the conference report. It is not part of 
the crime bill, as Senator Biden claims.
  The distinguished Senator from Delaware suggested that Senators 
Hatch, Thurmond, and Simpson supported the crime bill's retroactive 
repeal of mandatory minimum sentences for convicted drug dealers. They 
did not, and they do not now.
  This misguided proposal could result in the early release of 10,000 
Federal prisoners, a get-out-of-jail-free card brought to you by the 
U.S. Congress.
  Yesterday, my good friend from Delaware cited a Bureau of Prisons 
study indicating that only 400 persons would be affected by the 
retroactive repeal of the mandatory minimums. Of course, Senator Biden 
ignores the study conducted by the Administrative Office of the U.S. 
Courts, which estimates that as many as 10,000 convicted drug offenders 
would be eligible for early release. Princeton University professor, 
John DiIulio, a self-described registered democrat, estimates an even 
higher number--16,000. And, just yesterday, the National Association of 
Assistant U.S. Attorneys, which represents nearly 4,000 Federal Career 
Prosecutors, publicly registered its own opposition to the mandatory 
minimum reform provision, estimating that it could result in 20,000 
petitions for early release.
  The distinguished Senator from Delaware suggested that Senators 
Hatch, Thurmond, Simpson, and Grassley voted against truth-in-
sentencing during the conference deliberations. In reality, what they 
voted against was a watered-down version of a prison and truth-in-
sentencing amendment offered by Senator Biden. What Senator Biden 
failed to mention is that he and the other Democrat conferees voted 
against a tougher Republican amendment that would have strengthened the 
truth-in-sentencing language and provided more funding for prisons.
  Senator Biden claimed that the crime bill contains mandatory 
restitution for crime victims. Yes, the Conference report mandates 
restitution in Federal sex offense cases. Yet, the Nickles proposal 
mandating restitution to the victims of all violent crimes was dropped 
in conference. Senator Biden should know better.
  Senator Biden suggested that the crime bill restores Senator 
Simpson's provision requiring swift deportation of criminal aliens. 
Wrong again. The crime bill does contain some enhanced penalties for 
criminal aliens who fail to depart, or reenter, our country. But it 
does not contain Senator Simpson's important proposals establishing 
judicial deportation authority, restricting the defenses to deportation 
for some criminal aliens, and expediting the deportation process. Nor 
does it contain the Alien Terrorist Removal Act, which would hasten the 
departure of vicious terrorists from American soil.
  So, Mr. President, it is important for the American people to hear 
both sides of the story, particularly when one side resorts to 
exaggerations and factual inaccuracies. I appreciate this opportunity 
to set the record straight.

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