[Congressional Record Volume 169, Number 206 (Thursday, December 14, 2023)]
[Senate]
[Pages S5972-S5976]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
First Step Act
Mr. DURBIN. Mr. President, 5 years ago, Congress came together to
pass the First Step Act, the most important criminal justice reform
legislation in a generation. I am happy to come to the floor today with
my colleague and friend Senator Booker of New Jersey and celebrate this
momentous anniversary.
The First Step Act passed the House and Senate by overwhelming
bipartisan majorities and was supported by a broad coalition from
across the political spectrum, including former President Donald Trump,
who signed it into law. I was proud to champion this landmark
legislation with the help of Senators Booker, Grassley, and Lee. It
took months of bipartisan negotiation and painful compromise, but the
net result was a historic victory that significantly improved our
system of justice.
I am thankful for the tireless efforts of many dedicated advocates
who never gave up hope that this law could be passed. It was a dramatic
change to finally acknowledge that just being tough on the so-called
war on drugs was not enough.
I often think back to my early days in the House of Representatives,
during the 1980s, when the crack epidemic was devastating America. I
vividly remember, in 1986, when the Nation reeled from the news that a
Maryland basketball player named Len Bias had died from a heart attack
induced by cocaine. All of the evidence points to it having been powder
cocaine. Somehow, his death, nevertheless, became a public symbol of
the crack epidemic.
Members of Congress were desperate to do something to stop the
despair caused by drugs in our communities and to punish the dealers
who were trafficking this new, highly addictive product. So we passed
legislation, the Anti-Drug Abuse Act, that established mandatory
minimum sentences for distribution of specific quantities of
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drugs. We thought we would clearly deter people from selling drugs by
imposing tougher--tougher--sentences for larger quantities.
The law imposed much tougher sentences for crack cocaine offenses
than for powder cocaine offenses. An individual would receive a
minimum--minimum--5-year Federal prison sentence for selling just 5
grams of crack, the same sentence provided for selling 500 grams of
powder cocaine. At the time, we believed this 100-to-1 hit between
sentences for crack and powder cocaine was the right thing to do. We
were so frightened by the impact that crack was having in America.
But it became clear over the next 30 years that we were terribly,
terribly wrong. Instead of the price of crack going up, after the law
was passed because of reduced supply, the opposite occurred. The price
went down. Even though we were locking up more people than ever for
drug offenses, primarily African Americans, the amount of drugs on our
streets and the number of addicts was increasing.
Years after the law passed, I met a young African American from
Alton, IL, who told me the story of his sister Eugenia Jennings, also
from Alton. As a child, she was abandoned and seriously abused. At the
age of 15, she started using crack to dull the pain of her life. At the
age of 23, Eugenia was convicted for trading a small amount of crack
cocaine for clothing for her small children. She was sentenced to 22
years in a Federal prison--22 years.
She was a model prisoner while serving her sentence. While in prison,
she developed leukemia. I went to visit her in Greenville, IL, at the
Federal correctional center. I will never forget the moment when I
walked into the room and she was seated at the table. Then, she had
been in prison for over 10 years.
She talked about how nice it was that she was in Greenville, close
enough to Alton, IL, and that her children could visit. But she was
afraid because her cancer was taking her to a prison hospital in Texas,
and she wouldn't be able to see her children.
She said to me something I will never forget. She said:
``I don't know how much longer I am going to live, Senator.
But I promise you this: If you can find some way to get me
out of prison to be with my girls, I'll never do anything
wrong again in my life.''
So I wrote a personal note, handwritten, to President Barack Obama,
asking him to commute Eugenia's sentence. He did, just in time for her
to see her eldest daughter graduate from high school. It was the thrill
of her life.
Sadly, Eugenia died less than 2 years later.
Her story was tragic in so many ways, but it inspired me to keep
working to pass legislation to help other individuals who had been
unjustly sentenced by our overly punitive laws. It became my personal
mission to correct these errors and fix a policy that was doing far
more harm than good.
We took a big step in that direction in 2010, when President Obama
signed into law a bill I authored, the Fair Sentencing Act. We reduced
the 100-to-1 crack-to-powder-cocaine disparity to 18 to 1, but the Fair
Sentencing Act was not retroactive, meaning that people were still
serving long, disparate sentences on crack cases after the law was
passed.
The First Step Act finally brought them relief, allowing them to be
resentenced under the 18-to-1 ratio. The First Step Act also created an
entirely new system programming in Federal prisons, designed to prevent
incarcerated people from reoffending, with a chance for them to earn
extra time in community confinement or supervised release at the end of
their sentence, a strong incentive for them to do the right thing while
in prison.
Last week, Senator Booker and I had the pleasure of meeting with a
group of individuals from an organization called Families Against
Mandatory Minimums. It was a great meeting. Many of the folks we met
had been incarcerated under the harsh 1980s drug law. I spoke with
them, including some from my own home State of Illinois.
One lady looked me in the eye, and she said: I was sentenced to life
without parole, and without your bill, I would still be there.
Several of them noted they would still be in prison today, and now
they were back with their families. They are back in their communities.
They are spending time and contributing to our society.
The reforms in the First Step Act have been tremendously successful.
I want to put these numbers on the record because they are so
important. Of the 29,944 incarcerated people released under the First
Step Act reforms through January 2023, only 12.4 percent have been
arrested for new crimes. By comparison, the overall recidivism rate in
the Bureau of Prisons currently stands at nearly 43 percent--12 percent
versus 43 percent. The success of the overwhelming majority of
individuals released under the First Step Act demonstrates that
reducing the population in our overcrowded prisons can be done safely
and effectively, and it is the right thing to do.
It is however, as its name, just the first step. To keep making our
justice system fairer and our communities safer, we must continue
reforming our outdated sentencing laws and provide opportunities for
those incarcerated to successfully return. I hope Congress will take
many more steps in this direction toward more just criminal sentences.
There is a natural impulse--Mr. President, you know it; you have
heard it; you have seen it--when we talk about narcotics and drug
crime, to say: If we can just get tough, if we get the message out
there that we are going to impose tough sentences, then they will stop
using.
We tried it. It was a disastrous failure when it came to crack
cocaine.
Let's not just get tough. Let's get smart when it comes to sentencing
people. Let's realize an addiction is more than just a curse in the
person's life. It is a medical situation that can be resolved many
times, and we can do it if we work conscientiously to make America
safer.
I hope that Congress takes steps in that direction for more just
criminal sentences and wiser responses to the crisis of substance abuse
in America.
And now I am going to turn the floor over to a man who has become a
close friend and an ally in this effort.
When he first came to Congress, Cory Booker may have been new to the
Federal level of this issue, but he certainly had ample experience when
it came to State and local enforcement of drug laws because of the fact
that he was the mayor of the city of Newark, NJ, of which he reminds us
frequently--as he should.
He has led on this issue personally in his home and in his community.
He has seen the devastation it can cause. He has the same hope that I
do--that rather than just say no, these individuals are given a chance
to find a new way in life to overcome their addiction and become
contributing members across America.
I yield the floor to Senator Booker.
The PRESIDING OFFICER. The Senator from New Jersey.
Mr. BOOKER. Mr. President, I am pretty excited. In fact, let's just
say this is the season of joy, and I feel such joy today.
The gentleman who just spoke, the Senator from Illinois, the chairman
of the Judiciary Committee, is a man of heroic action. What we are
marking today, this anniversary, is so much due to his work and
steadfast leadership on these issues years before I came here. We are
celebrating this moment of joy and a moment of deep, profound
gratitude, and I want to give Senator Durbin my deep thanks.
I also want to thank my colleagues on the other side of the aisle. I
want to thank Chuck Grassley. I want to thank Mike Lee. I want to thank
all of their staffs who worked so hard for this moment. This was truly
a bipartisan effort and one of the best experiences I have had as a
U.S. Senator.
In addition to that, we worked with the President's staff and his
team to get to that bill and that moment. We had activists across the
political spectrum, people like Mark Holden, who worked for Koch
Industries, all the way to folks like Jessica Jackson and Dan Jones. We
had not only activists but people who were directly impacted--
advocating organizations, nonprofits--trying to bring justice to the
justice system.
This bill was a product of compromise and shows what is possible in
this institution when both sides come together on common ground. It was
a recognition that had been growing that the criminal justice system
needed reform and was devastating our Nation's
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highest ideals and principles. We are a nation of liberty and justice
for all.
Think about the backdrop to this. Think about all of the facts that
were happening leading to this incredible accomplishment 5 years ago.
Our Federal prison system since 1980 had grown--exploded--by 800
percent. The United States of America, which professes freedom as its
fundamental ideal, had more people incarcerated than any other nation
on the planet Earth. One in four incarcerated people on our planet in
the world was here in the United States of America. We had a system
that was not based on justice or restorative justice but based on
retribution and, in many ways, cruelty. We became captive of impulses
of fear rather than the wisdom for healing and growth and security.
I was stunned when I first saw that data point that about a third of
the adult Americans in our country--adults--had a criminal record.
Think about the criminalization. Think about that. Over 5 million
children in our country had a parent who was actually in jail or prison
during their childhood.
This overreaction to the War on Drugs that did not--it was not a war
on drugs but a war on people and disproportionately impacted certain
people and not others. The African-American community is a great
example. Because of this overincarceration, there were more Black folks
in our country under criminal supervision--more Black men under
criminal supervision than were enslaved in 1850. This is an affront to
our ideals of liberty and justice.
We malign other countries for imprisoning journalists, for
imprisoning politicians, imprisoning people who dare to protest the
state, but in our country, whom do we imprison? The poor. The mentally
ill. The addicted. Survivors of abuse and sexual assault. Black and
Brown folks are way overindexed in our prisons and jails. Any visit to
an American jail will show in so many ways the failings of our system.
Instead of offering people help with substance abuse or mental
illness, we were wasting billions of dollars, tearing families apart,
destroying communities, and ultimately making communities less safe;
investing billions of dollars in warehousing people--not in roads, not
in bridges, but incarcerating human beings. In fact, between 1990 and
2005, a new prisoner jail opened in our country every 10 days. Think
about that for a second. Our national treasure was being used not for
education, not for research, not for roads, bridges, technology, but to
warehouse human beings.
The perversity of the system was that it was making us less safe.
People who were being released had recidivism rates that were so high
because they weren't getting the help they needed. People incarcerated
for nonviolent drug offenses were coming out and facing over 40,000
collateral consequences that stopped them from getting a job, from
buying a home, from providing for their family.
Our system is supposed to be about justice, and what was happening in
the early 2000s is that red States and blue States were starting to
make an effort to reform their criminal justice systems. We saw States,
from Georgia to New Jersey, lower their prison populations and lower
crime at the same time, understanding that if you affirm people's
dignity and give them pathways to health and well-being, you not only
lower your prison population but you make communities safer and you
make families more intact.
After decades of these failed policies, a group of bipartisan
Senators, working with a Republican White House and House Members,
crafted this legislation that has affected thousands of people's lives.
Senator Durbin said it: The population that was liberated from unjust
incarceration as a result of this bill has a lower recidivism rate than
people who have served out full terms and come home, because the
fullness of this bill wasn't just about liberating people from unjust
incarceration but creating programs that could empower people in prison
to pathways to better lives when they are coming out. It was logical,
it was common sense, and that is why the rightwing think tanks and the
leftwing tanks and all in between were supporting and advocating and
pushing for this commonsense bill.
Five years after the passage of the First Step Act, we now have
evidence that not only demonstrates its success but shatters the myth
that criminal justice reform and public safety don't go hand in hand.
As the Senator said, almost 30,000 individuals were released, and
almost 9 in 10 have avoided rearrest or reincarceration, compared to
the 45-percent recidivism rate Senator Durbin talked about.
Oh, but God, these are data. This is just statistics. What is
powerful for me is meeting the human beings and their families, meeting
the children who had their parents come home. Do you want to talk about
joy? When this passed 5 years ago, I will never forget, right out those
doors, as soon as it passed, as an impulse, I hugged Chuck Grassley
because it was what I knew was going to happen. The holidays were
really going to be about the American values, that the most sacrosanct
thing we can have is liberty. The most severe thing the government can
do is to take someone's liberty. We literally have slogans in our
country--``Give me liberty or give me death.''
To see people come up to you and saying: All hope was gone. I was
sitting in the depths of incarceration, like Joseph thrown into the
well, thrown into prison--no hope--but yet I found deliverance because
of Republicans and Democrats who worked together for common sense.
I visited with those families. I have seen the impact on children. I
have seen the stories of grades improving in school. I have seen the
stories of people who have come out of prison as we met, Senator, who
have gone to work making their communities safer, doing violence
intervention, helping other people not go the same way.
This is what happens when we affirm human dignity. This is what
happens when we understand how powerful and urgent families are in
America. This is what happens when we live the values we swear an oath
to with our hand over our heart--liberty and justice for all.
So yes, today, again, I wish Senator Grassley were here. I might try
to hug him one more time in honor of the anniversary. But this is a
time when we should be celebrating this incredible step toward justice.
But I will tell Senator Durbin, we called this the First Step Act. I
remember the press conferences we had, Republicans and Democrats
standing together and saying: This is the first step, but we still have
work to do because we are still a nation where the majority of women
incarcerated are survivors of sexual violence. We are still a nation
where people struggling with addiction more easily find jail than
treatment. We are still a nation where our prisons and jails are filled
with people who are mentally ill and need medical care that they do not
receive. We are still a nation where you get better justice if you are
rich and guilty than if you are poor and innocent.
So let us celebrate progress. Let us celebrate success. But let us
double down again on making our Nation real for everyone because if you
want to judge a nation, don't just look at the size of their military,
the height of their towers. Go to the dark places. Go to the shadows on
this holiday season, celebrating a man who focused on the least of
these, as it says in Matthew 25. Did you visit me in prison? If you go
there, you see the unfinished business.
If you celebrate this season, remember those who are in solitary
confinement, remember those who are suffering unjustly, and remember
those most in need of our empathy, our grace, our love.
The First Step Act was the height of my experiences as a Senator, but
the United States of America and this greatest deliberative body--we
can go higher.
I yield the floor.
The PRESIDING OFFICER. The majority whip.
Mr. DURBIN. Mr. President, I want to thank my colleague. He is
outstanding as a Senator and extraordinary as a public speaker. I thank
him very much for really driving the message home.
I am sure he would join me in adding our congratulations and thanks
to dutiful staff members who worked without any kind of reluctance for
months and years to get this project done.
I want to name two of them, and there are others--Joe Zogby, who is
my
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chief of staff on the Senate Judiciary Committee, and Dan Swanson, who
is no longer serving with me. Those two did an exceptional job on this
issue and showed the kind of patience that was absolutely essential for
success. So I want to add those to the list of those I have thanked.
Mr. BOOKER. Senator, I have four words: Joe Zogby for President.
Thank you.
The PRESIDING OFFICER. The Senator from Ohio.
Mr. VANCE. Mr. President, I rise today to speak to a particular
problem in America's higher education system, a problem borne of
unfairness and of mass subsidy from the American taxpayer. It has now
metastasized into one of the most corrupt and one of the most
politically active and politically hostile organizations in the United
States of America, and that is elite colleges.
A lot of us have watched not just since the October 7 attacks on
Israel but for over a decade as America's colleges seem less and less
interested in education and more and more interested in teaching things
like racial hatred and various forms of far-left ideology.
A lot of us ask ourselves: How is this possible? How is it that
universities that should be responsive to the public will, responsive
to their donors and alumnae, and responsive to their students--how is
it that they can go so far, so fast, without any pushback?
The answer, my fellow Americans, is university endowments, which have
grown incredibly large on the backs of subsidies from the taxpayers,
and they have made these universities completely independent of any
political, financial, or other pressure. That is why the university
system in this country has gone so insane.
At just three universities--Harvard, MIT, and Penn--the endowments
are approaching $100 billion. That is as large as some of the largest
hedge funds in America. In fact, Harvard, Penn, Yale--many of our Ivy
League institutions and others beyond that--are little more than hedge
funds with universities attached to them as pretend.
This must stop. It must stop because it has enabled political
insanity. It must stop because it has burdened an entire generation of
Americans with over $1 trillion of student debt--student debt relief
that many of my friends on the other side would like plumbers in Ohio
to pay for. But I think, if the universities have caused the problem,
they ought to pay for it, and if they paid for it, if they didn't have
these massive endowments subsidized by taxpayers, then maybe they would
be a little bit more responsive to the public will in the process.
I have advanced legislation that would do something very simple: take
the hundreds of billions of dollars in large university endowments--not
even all university endowments, just the largest university
endowments--and apply a tax to them. Right now, they pay a tax that is
less than 2 percent on their net income--far lower than many of the
working-class members of my own family and far lower than most
Americans pay in taxes.
Why is it that we allow these massive hedge funds pretending to be
universities to enjoy lower tax rates than most of our citizens--people
who are struggling to put food on the table and buy Christmas presents
this season? Yet they enjoy a far higher tax rate than these university
endowments. It is insane, it is unfair, and I think we ought to fix it
in this Chamber.
My friends on the other side will often talk about how the wealthy
don't pay their fair share in taxes. If the wealthy don't pay their
fair share in taxes, there is no institution in this country that is a
bigger offender than these massive endowments that pay almost nothing.
Mr. President, as in legislative session, I ask unanimous consent
that the Senate proceed to the immediate consideration of S. 3514,
which is at the desk. I further ask that the bill be considered read a
third time and passed and that the motion to reconsider be considered
made and laid upon the table.
The PRESIDING OFFICER. Is there objection?
The Senator from Oregon.
Mr. WYDEN. Mr. President, in reserving the right to object, we hear
often about this matter of taxing college endowments, that somehow this
is going to address college affordability and make the Tax Code, you
know, more fair.
I am the chairman of the Senate Finance Committee, and I gather that
my colleague has just introduced this legislation--maybe as recently as
today. I think it is appropriate that before we start making tax policy
on the floor of the U.S. Senate, we have a chance to actually have the
Senate look at some of the details.
For example, if we are going to talk about tax fairness, I will just
say to the Senator from Ohio that I welcome that. I am the author of
the bill to say that billionaires, who now, under the current Tax Code,
can go for years and years paying little or no taxes--I am the author
of the proposal that would change it. All you have to do is change
three words: buy, borrow, and die. That is how they do it--buy, borrow,
die, and pay little or nothing for years on end.
So what we ought to do is take the Senator's ideas and anybody
else's, you know, ideas and bring them to the Senate Finance Committee.
I will tell you I have not seen any evidence in the past about how,
somehow, the kind of tax my colleague wants to levy is going to somehow
make things better for students, which is what I want to do.
This tax legislation has not been considered by the Senate Finance
Committee. That is the correct place to hold a robust discussion about
fairness and affordability. For that reason, I object.
The PRESIDING OFFICER. Objection is heard.
The PRESIDING OFFICER. The Senator from Connecticut.
11th Anniversary of Sandy Hook Mass Shooting
Mr. MURPHY. Mr. President, a few days ago, I was with one of the
parents from Sandy Hook Elementary School who lost her son 11 years ago
today. She talked about this being the time of the year where she
starts to spiral.
Today is a day when we are thinking about all of those parents, about
all of those brothers and sisters who, this morning, had to relive the
morning that they went through 11 years ago, December 14, 2012, when 20
sets of parents kissed their first graders goodbye as they dropped them
off for school and never ever saw them again.
It is a fate that none of us would ever wish on another human being.
For those of us who have never experienced the death of a child, there
is no way for us to understand what those parents and what those
families are going through.
One mother of a child who was lost in Sandy Hook had a tactic that
she would use in those early days. She would pretend that her son was
just at a friend's house on a playdate to convince herself, as best she
could, that he wasn't dead, that he was just visiting a friend around
the corner. It was the only way that she could clean up the house, get
through her daily work. But then, all of a sudden, it would come
flooding back to her that he wasn't at a friend's house; he wasn't
around the corner; he was never, ever coming home. The things you have
to do on a daily basis to try to process the loss of a child, they are
unfathomable to most of us.
I have kind of run out of things to say about these amazing kids and
these amazing adults--the adults who protected them that day, the
children who would be turning 18 this year.
In Connecticut, we wear our hearts really heavy, but we also get to
celebrate all of the things that have happened because so many of these
families took their grief and they turned it into action and they
turned it into change. So many of these families have started not-for-
profit organizations and started charities to try to change other
people's lives. Many of these families have been deeply engaged in the
work of trying to make sure that mass shootings never happen again.
There has been a lot of joy and many miracles that have resulted from
this awful tragedy. It does not square the moral order of the universe,
but it is important to pay tribute to the way in which so many members
of the Sandy Hook and Newtown community, as well as so many families
who are directly affected by this shooting, have been able to manage
through the grief and perform miracles at the same time.
We just need to make a decision as a country as to whether we want to
live
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in a world in which this carnage continues.
This isn't an accident. It isn't bad luck. It is just a choice. It is
just a choice we have made to put our kids in jeopardy every single day
that they go to school--for kids who live in my neighborhood, in the
south end of Hartford, put them in jeopardy every day when they walk to
and from school. It is a choice that we make, and we could make a
different choice.
So today is a day for me that I think about all of my friends in
Sandy Hook, that I think back on that day, being there at the firehouse
that was serving as the emergency response hub, being outside the room
as parents were told that their children were lying dead on the floor
of their elementary school.
But it is also a day in which I remember that we are not helpless.
This is also a day in which I recommit myself to the notion that I, as
a Member of the U.S. Senate, have something to contribute to the work
necessary to make sure that kids never ever, ever face this fate again.
Today, on the 11th anniversary, I have a little bit more hope than I
had on the 10th or the 9th or the 8th or the 7th or the 6th or the 5th
or the 4th or the 2nd or the 1st anniversary.
Why? Because last year, Republicans and Democrats came together in
this Senate in the wake of another mass school shooting, tragically
reminiscent of Sandy Hook--the shooting in Uvalde, TX--and we acted. We
put aside our political differences. We passed the first serious gun
safety measure in 30 years. Even though forces outside of this building
opposed it, we decided to come together because we thought we had an
obligation to make this country safer, to try to make it a little bit
less likely that a parent has to wake up on a morning of the
anniversary of their child's death and try to figure out how to survive
it. And why, this year, I feel more hopeful and more confident is
because we now have data, we now have results in the wake of the
passage of last year's legislation.
Right now, as we speak, we are tracking for there to be a 12-percent
reduction in gun murders in this country from 2022 to 2023. That would
be the biggest ever one-year reduction in gun murders in our lifetime.
What does that mean? It means that 8 or 10 fewer people are dying
every day from gun violence. What does that mean? It means that 110,
rather than 120, people are dying of gun violence. That is not an
acceptable result, but it is proof of concept that when we change the
laws to honor the death of so many innocents, we prevent the death of
innocents in the future.
So today is a day when I relive that moment 11 years ago today. It is
a day when I reach out to my friends in Sandy Hook to tell them how
much of my heart is with them. But this year, on the 11th anniversary,
it is a day in which I have confidence that if we continue to do the
hard work of changing our gun laws to make it harder for dangerous
people to have weapons and harder for anybody to have the most
dangerous weapons--the kind of weapons that were used to kill these
kids and teachers--that we can save lives.
In 1 year, we have seen the biggest drop in gun murders in our
lifetime. It is a result of legislation that we passed, and it is a
signal to us of what we can achieve in the future.
I thank my colleagues for what we did last year. I thank my
colleagues for making it possible to show the families in Newtown and
the victims of gun violence all across this country what is possible.
And on the 11-year mark of that tragedy in Sandy Hook, I compel my
friends in the Senate to do more.
I yield the floor.
The PRESIDING OFFICER. The Senator from New Mexico.
Mr. HEINRICH. Mr. President, I would ask unanimous consent that we
begin the noon scheduled vote immediately.
The PRESIDING OFFICER. Without objection, it is so ordered.