Statement of Administration Policy: H.R. 3371 — Omnibus Crime Control Act of 1991

(House Rules)
(Brooks (D) Texas and 9 others)

If H.R. 3371 were presented to the President in its current form, his senior advisers would recommend a veto. The Administration strongly urges adoption of the amendments described below.

The President supports anti-crime legislation along the lines of the "Comprehensive Violent Crime Control Act of 1991" that he transmitted to Congress earlier this year and which was, in large measure, approved by the Senate this summer. Major provisions of that measure (H.R. 1400) would: (1) authorize the death penalty for certain Federal offenses and establish the procedures necessary to institute the death penalty; (2) restore an appropriate degree of finality to State and Federal criminal convictions by curtailing abuses of the writ of habeas corpus; and (3) reform the "exclusionary rule" by making admissible evidence obtained as a result of a search or seizure undertaken in objectively reasonable good faith in cases where warrants are not required. Most of what is contained in these provisions passed the House last year.

H.R. 3371 would accomplish none of these objectives. On the contrary, it would:

—   Effectively abolish the death penalty in the United Sates by increasing delay in State cases and imposing a racial quota system on both State and Federal capital punishment cases.

—   Reduce the degree of finality of convictions by weakening procedures relating to habeas corpus.

—   Establish "exclusionary rule" procedures that would narrow existing case law by creating additional barriers to the admissibility of evidence.

—   Automatically overturn criminal convictions when such convictions are based on the improper admission of incriminating statements by the defendant even if such admissions constitute "harmless error."

—   Excessively increase authorization levels.

The Administration urges the House to adopt the following amendments:

—   The Hyde amendment, which embodies the President's proposal on habeas corpus reforms. The Hyde amendment would curb the abuse of habeas corpus that has virtually nullified the death penalty laws of the States through a seemingly endless system of repetitive litigation and review.

—   The McCollum amendment to reform the exclusionary rule. This would strike the regressive exclusionary rule provisions that now appear in H.R. 3371, and extend the objective reasonableness ("good faith") exception to cases where a warrant is not required.

—   The McCollum amendment to strike the so-called "Fairness in Death Sentencing Act" and replace it with the President's proposed "Equal Justice Act." This amendment would eliminate provisions of H.R. 3371 which are neither necessary nor appropriate to guard against racial discrimination in capital punishment, but would actually make continued use of the death penalty impossible in the United States. The substitute provisions would make clear that racial discrimination has no place in the criminal justice system.

—   The Gekas amendment to reinstate and authorize an enforceable death penalty for highly aggravated Federal crimes and to establish effective death penalty procedures. Based on the Administration's proposals, this amendment would provide fair and effective procedures and adequate authorizations for using the death penalty against the most heinous Federal crimes.

—   An amendment to strike or replace the provision requiring automatic reversal of convictions based on improper admission of statements by the defendant. This would allow such a conviction to be upheld, as provided in the Supreme Court's decision in Arizona v. Fulminante. if the independent evidence of guilt is overwhelming and the improper admission is harmless beyond a reasonable doubt.

Scoring for the Purposes of Pay-As-You-Go

At least one provision of H.R. 3371 would increase direct spending; therefore, it is subject to the pay-as-you-go requirement of the Omnibus Budget Reconciliation Act (OBRA) of 1990. No offsets to the direct spending increases are provided in the bill. A budget point of order applies in both the House and Senate against any bill that is not fully offset under CBO scoring. If, contrary to the Administration's recommendation, the House waives any such point of order that applies against H.R. 3371, the effects of enactment of this legislation would be included in a look back pay-as-you-go sequester report at the end of the Congressional session.

OMB's preliminary scoring estimates of this bill are presented in the table below. Final scoring of this legislation may deviate from these estimates. If H.R. 3371 were enacted, final OMB scoring estimates would be published within five days of enactment, as required by OBRA. The cumulative effects of all enacted legislation on direct spending will be issued in monthly reports transmitted to the Congress.

ESTIMATES FOR PAY-AS-YOU-GO
(outlays in millions)