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[Journal of the House of Representatives, 1995]
[Wednesday, October 18, 1995 (130), Para 130.25 Recorded Vote]
[Page 1549]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.130.25  recorded vote

  A recorded vote by electronic device was ordered in the Committee of 
the Whole on the following amendment in the nature of a substitute 
submitted by Mr. CONYERS:

       Strike all after the enacting clause and insert the 
     following:

     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 numbered 5 and 18 (except to the 
     extent they amend section 2D2.1) 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, are 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.

It was decided in the

Yeas

98

negative

Nays

316
```