```

[Journal of the House of Representatives, 1995]
[Wednesday, October 18, 1995 (130), Para 130.26 Roll No. 723]
[Pages 1549-1550]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.130.26                  [Roll No. 723]

                                AYES--98

     Abercrombie
     Andrews
     Baker (CA)
     Becerra
     Beilenson
     Berman
     Bevill
     Bishop
     Bonior
     Browder
     Brown (FL)
     Clay
     Clayton
     Clyburn
     Collins (IL)
     Collins (MI)
     Condit
     Conyers
     Coyne
     DeFazio
     Dellums
     Dingell
     Dixon
     Engel
     Ensign
     Evans
     Farr
     Fattah
     Filner
     Flake
     Foglietta
     Ford
     Frank (MA)
     Gejdenson
     Gibbons
     Hall (OH)
     Hastings (FL)
     Hilliard
     Hinchey
     Horn
     Jackson-Lee
     Jefferson
     Johnson, E. B.
     Kennedy (MA)
     LaFalce
     Lantos
     Lewis (GA)
     Lofgren
     Martinez
     Matsui
     McCarthy
     McDade
     McDermott
     McKinney
     Meek
     Mfume
     Miller (CA)
     Mink
     Moakley
     Moran
     Morella
     Murtha
     Nadler
     Olver
     Orton
     Owens
     Parker
     Pastor
     Payne (NJ)
     Pelosi
     Peterson (FL)
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Sawyer
     Schroeder
     Scott
     Serrano
     Sisisky
     Skaggs
     Slaughter
     Stokes
     Thompson
     Thurman
     Torres
     Towns
     Traficant
     Velazquez
     Vento
     Waters
     Watt (NC)
     Watts (OK)
     Waxman
     Williams
     Woolsey
     Wynn
     Yates

                                NOES--316

     Ackerman
     Allard
     Archer
     Armey
     Bachus
     Baesler
     Baker (LA)
     Baldacci
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Barton
     Bass
     Bentsen
     Bereuter
     Bilbray
     Bilirakis
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Bono
     Borski
     Brewster
     Brown (OH)
     Brownback
     Bryant (TN)
     Bryant (TX)
     Bunn
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Cardin
     Castle
     Chabot
     Chambliss
     Chenoweth
     Christensen
     Chrysler
     Clement
     Clinger
     Coble
     Coburn
     Coleman
     Collins (GA)
     Combest
     Cooley
     Costello
     Cox
     Cramer
     Crane
     Crapo
     Cremeans
     Cubin
     Cunningham
     Danner
     Davis
     de la Garza
     Deal
     DeLauro
     DeLay
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Doggett
     Dooley
     Doolittle
     Dornan
     Doyle
     Dreier
     Duncan
     Dunn
     Durbin
     Edwards
     Ehlers
     Ehrlich
     Emerson

[[Page 1550]]

     English
     Eshoo
     Everett
     Ewing
     Fawell
     Fazio
     Fields (TX)
     Flanagan
     Foley
     Forbes
     Fowler
     Fox
     Franks (CT)
     Franks (NJ)
     Frelinghuysen
     Frisa
     Frost
     Funderburk
     Gallegly
     Ganske
     Gekas
     Gephardt
     Geren
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Green
     Greenwood
     Gunderson
     Gutierrez
     Gutknecht
     Hall (TX)
     Hamilton
     Hancock
     Hansen
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hefner
     Heineman
     Herger
     Hilleary
     Hobson
     Hoekstra
     Hoke
     Holden
     Hostettler
     Houghton
     Hoyer
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Jacobs
     Johnson (CT)
     Johnson (SD)
     Johnson, Sam
     Johnston
     Jones
     Kanjorski
     Kaptur
     Kasich
     Kelly
     Kennedy (RI)
     Kennelly
     Kildee
     Kim
     King
     Kingston
     Kleczka
     Klink
     Klug
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     LaTourette
     Laughlin
     Lazio
     Leach
     Levin
     Lewis (CA)
     Lewis (KY)
     Lightfoot
     Lincoln
     Linder
     Lipinski
     Livingston
     LoBiondo
     Longley
     Lowey
     Lucas
     Luther
     Maloney
     Manton
     Manzullo
     Markey
     Martini
     Mascara
     McCollum
     McCrery
     McHale
     McHugh
     McInnis
     McIntosh
     McKeon
     McNulty
     Meehan
     Menendez
     Metcalf
     Meyers
     Mica
     Miller (FL)
     Minge
     Molinari
     Mollohan
     Montgomery
     Moorhead
     Myers
     Myrick
     Neal
     Nethercutt
     Neumann
     Ney
     Norwood
     Nussle
     Oberstar
     Obey
     Ortiz
     Oxley
     Packard
     Pallone
     Paxon
     Payne (VA)
     Peterson (MN)
     Petri
     Pickett
     Pombo
     Pomeroy
     Porter
     Portman
     Poshard
     Pryce
     Quillen
     Quinn
     Radanovich
     Rahall
     Ramstad
     Reed
     Regula
     Richardson
     Riggs
     Rivers
     Roberts
     Roemer
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Rose
     Roth
     Roukema
     Royce
     Salmon
     Sanford
     Saxton
     Scarborough
     Schaefer
     Schiff
     Schumer
     Seastrand
     Sensenbrenner
     Shadegg
     Shaw
     Shays
     Shuster
     Skeen
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Solomon
     Souder
     Spratt
     Stearns
     Stenholm
     Stockman
     Stump
     Stupak
     Talent
     Tanner
     Tate
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Thomas
     Thornberry
     Thornton
     Tiahrt
     Torkildsen
     Torricelli
     Upton
     Visclosky
     Vucanovich
     Waldholtz
     Walker
     Walsh
     Wamp
     Ward
     Weldon (PA)
     Weller
     Wicker
     Wise
     Wolf
     Wyden
     Young (AK)
     Young (FL)
     Zeliff
     Zimmer

                             NOT VOTING--18

     Bateman
     Boucher
     Brown (CA)
     Chapman
     Fields (LA)
     Furse
     Harman
     Rangel
     Spence
     Stark
     Studds
     Tejeda
     Tucker
     Volkmer
     Weldon (FL)
     White
     Whitfield
     Wilson
  So the amendment in the nature of a substitute was not agreed to.
  The SPEAKER pro tempore, Mr. WALKER, assumed the Chair.
  When Mr. BEREUTER, Chairman, pursuant to House Resolution 237, 
reported the bill back to the House with an amendment adopted by the 
Committee.
  The previous question having been ordered by said resolution.
  The following amendment, reported from the Committee of the Whole 
House on the state of the Union, was agreed to:

       Strike out all after the enacting clause and insert:

     SECTION 1. DISAPPROVAL OF AMENDMENTS RELATING TO LOWERING OF 
                   CRACK SENTENCES AND SENTENCES FOR MONEY 
                   LAUNDERING AND TRANSACTIONS IN PROPERTY DERIVED 
                   FROM UNLAWFUL ACTIVITY.

       In accordance with section 994(p) of title 28, United 
     States Code, Amendments number 5 and 18 of the ``Amendments 
     to the Sentencing Guidelines, Policy Statements, and Official 
     Commentary'', submitted by the United States Sentencing 
     Commission to Congress on May 1, 1995, is hereby disapproved 
     and shall not take effect.

     SEC. 2. REDUCTION OF SENTENCING DISPARITY.

       (a) RECOMMENDATIONS.--
       (1) IN GENERAL.-The United States Sentencing Commission 
     shall submit to Congress recommendations (and an explanation 
     therefor), regarding changes to the statutes and sentencing 
     guidelines governing sentences for unlawful manufacturing, 
     importing, exporting, and trafficking of cocaine, and like 
     offenses, including unlawful possession, possession with 
     intent to commit any of the forgoing offenses, and attempt 
     and conspiracy to commit any of the forgoing offenses. The 
     recommendations shall reflect the following considerations--
       (A) the sentence imposed for trafficking in a quantity of 
     crack cocaine should generally exceed the sentence imposed 
     for trafficking in a like quantity of powder cocaine;
       (B) high-level wholesale cocaine traffickers, organizers, 
     and leaders, of criminal activities should generally receive 
     longer sentences than low-level retail cocaine traffickers 
     and those who played a minor or minimal role in such criminal 
     activity;
       (C) if the Government establishes that a defendant who 
     traffics in powder cocaine has knowledge that such cocaine 
     will be converted into crack cocaine prior to its 
     distribution to individual users, the defendant should be 
     treated at sentencing as though the defendant had trafficked 
     in crack cocaine; and
       (D) an enhanced sentence should generally be imposed on a 
     defendant who, in the course of an offense described in this 
     subsection--
     (i) murders or causes serious bodily injury to an individual;
     (ii) uses a dangerous weapon;
     (iii) uses or possesses a firearm;
     (iv) involves a juvenile or a woman who the defendant knows 
     or should know to be pregnant;
     (v) engages in a continuing criminal enterprise or commits 
     other criminal offenses in order to facilitate his drug 
     trafficking activities;
     (vi) knows, or should know, that he is involving an unusually 
     vulnerable person;
     (vii) restrains a victim;
     (viii) traffics in cocaine within 500 feet of a school;
     (ix) obstructs justice;
     (x) has a significant prior criminal record; or
     (xi) is an organizer or leader of drug trafficking activities 
     involving five or more persons.
       (2) RATIO.--The recommendations described in the preceding 
     subsection shall propose revision of the drug quantity ratio 
     of crack cocaine to powder cocaine under the relevant 
     statutes and guidelines in a manner consistent with the 
     ratios set for other drugs and consistent with the objectives 
     set forth in section 3553(a) of title 28 United States Code.
       (b) STUDY.--No later than May 1, 1996, the Department of 
     Justice shall submit to the Judiciary Committees of the 
     Senate and House of Representatives a report on the charging 
     and plea practices of Federal prosecutors with respect to the 
     offense of money laundering. Such study shall include an 
     account of the steps taken or to be taken by the Justice 
     Department to ensure consistency and appropriateness in the 
     use of the money laundering statute. The Sentencing 
     Commission shall submit to the Judiciary Committees comments 
     on the study prepared by the Department of Justice.
  The bill, as amended, was ordered to be engrossed and read a third 
time, was read a third time by title.
  Mr. WATT of North Carolina moved to recommit the bill to the Committee 
on the Judiciary with instructions to report the bill back to the House 
forthwith with the following amendment:

       In Section 2(a)(1), strike ``The United States'' where it 
     appears immediately after ``IN GENERAL.-'' and insert ``Not 
     later than March 1, 1996, the United States''.

  After debate,
  By unanimous consent, the previous question was ordered on the motion 
to recommit with instructions.
  The question being put, viva voce,
  Will the House recommit said bill with instructions?
  The SPEAKER pro tempore, Mr. WALKER, announced that the nays had it.
  Mr. WATT of North Carolina demanded a recorded vote on agreeing to 
said motion, which demand was supported by one-fifth of a quorum, so a 
recorded vote was ordered.
  The vote was taken by electronic device.

It was decided in the

Yeas

149

negative

Nays

266
```