[Congressional Record Volume 140, Number 118 (Friday, August 19, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 19, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                      THE CRIME CONFERENCE REPORT

  Mr. GRASSLEY. Mr. President, whatever the House does, I doubt the 
Senate is going to approve anything like the current crime conference 
report because it falls short of the public's expectations for a tough 
crime bill.
  We in the Senate passed a tough crime bill last November, and it was 
paid for. The bill was so tough that the ACLU issued a lengthy paper 
criticizing numerous provisions. When we got to conference, most of 
those provisions disappeared. And a whole range of social spending, far 
beyond the relatively small amount that had been included as a 
necessary compromise in the Senate bill, was included.
  I was a conferee. And I offered amendments on more efficient police 
funding, on prisoner litigation, and on mandatory sentencing for 
selling drugs to minors. These were voted down. Virtually all 
Republican amendments were scrapped. The whole sorry spectacle was like 
something out of ``Casablanca.''
  There is that scene where the authorities drag Peter Lorre out of 
Rick's cafe to a certain death. As he leaves, Lorre asks Bogart, ``You 
despise me, don't you, Rick?'' and Bogart responds, ``If I ever gave 
you a thought, I probably would.''
  We Republicans in that conference would have been despised, if only 
the folks on the other side of the aisle and the other side of the 
Capitol had given us a thought. The ACLU was clearly not despised. Our 
tough provisions came out, even if that meant disregarding motions to 
instruct that this body passed.
  And the pork was crammed in, including the $10 million for a 
university in the House chairman's district. Not only did nobody ask 
Republicans their opinion on that issue, they did not even inform any 
of us that it was an issue.
  When my colleagues look at this bill, I hope they will not mistake 
the packaging for the package.
  The labels say that there is $7.3 billion for prevention. No so. The 
drug court money is for social programs. The prison money is largely 
social spending. There is no requirement that any of the supposed $8.3 
billion be spent to build prisons. It can be used for drug diversion 
programs and for freeing up existing cells, as prisoners are shifted to 
halfway houses.
  The money can be used for jobs programs, even though Vice President 
Gore thinks there are too many uncoordinated jobs programs now. It is 
simply not $8.3 billion to build and operate prisons. And the Senate 
funding for truth in sentencing--that criminals serve their real 
sentence rather than be paroled--was weakened.
  Moreover, the funding formula permits large amounts to be distributed 
at the whim of the Attorney General, probably to important political 
States, as were the recent policing grants. My State of Iowa will never 
get its fair share of this money in this new bill.
  Contrary to recent suggestions, the social programs are not 
Republican ideas.
  President Bush's comments about midnight basketball have been quoted. 
But these quotes by President Bush have not been understood. When 
President Bush praised midnight basketball, he praised a point of 
light. It was a private program based on voluntary effort. It showed 
what local people could do themselves. But some people think that the 
only good program is a Federal program, not a private one.
  That is how we wound up with a $33 billion conference report with the 
amount of deficit spending roughly equal to the amount of actual social 
spending.
  Real prevention programs are prisons. Keeping prisoners in jails 
saves lives. History and common sense show that. The second best 
approach is to teach children values.
  But the prevention programs contain language prohibiting the money 
from being used for sectarian instruction. So the money can go for 
dancing, self-esteem, and condom distribution. But if any religious 
organization tries to teach children the Ten Commandments, well, forget 
it. The American people's hard-earned tax dollars are a terrible thing 
to waste on pork barrel social programs.
  The bill is indeed too expensive. I offered an amendment to cut waste 
from the policing money. Whatever the true number of police the bill 
would put on the streets, my amendment would have hired just as many at 
a savings of $1.6 billion. I wanted to cut the unnecessary 
administrative expenses from the program. Localities have had cops on 
the beat before.
  Teaching localities community policing is not like teaching nuclear 
physics. There are materials, and enough money remained for training 
videos and the like. It is also worth mentioning that the conference 
report allows the police money to be used not exclusively for hiring, 
but for overtime and even for buying police guns.
  One of the worst provisions of the bill is the retroactive repeal of 
mandatory minimum sentences. Let us get the facts straight on this 
issue. The Administrative Office of the U.S. Courts estimates that as 
many as 10,000 criminals will be able to challenge their sentences 
under this provision. The Senate version was not retroactive.
  It applied only to persons with no prior criminal history. It imposed 
extra penalties on those receiving the lessened penalty if they 
committed a second offense. And it applied only to very low-level drug 
offenders.
  The conference report would allow some prisoners with a prior 
criminal record to avoid mandatory minimums.
  And it would permit people who attempted or conspired to distribute 
drugs to avoid mandatory minimums. I think this sends the wrong 
message. These offenders are vital links in the chain of drug 
distribution in this country that leads to destruction and violence.
  President Clinton wants this bill. He says he ran for President to 
enact this bill. Not that I recall; I remember that he ran to give 
middle-class Americans a tax break. Now, he sees a parade and wants to 
be the drum major at the front. This conference report will fail 
because it is not tough enough.
  We are willing to work with the President to create a true compromise 
that toughens and economizes this conference report. Then we would pass 
a bill that the American people want. They want punishment, not pork.
  I yield the floor.

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