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[104th Congress Public Law 38]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ38.104]

Public Law 104-38
104th Congress

                                 An Act

 
    To disapprove of amendments to the Federal Sentencing Guidelines 
    relating to lowering of crack sentences and sentences for money 
     laundering and transactions in property derived from unlawful 
             activity. <<NOTE: Oct. 30, 1995 -  [S. 1254]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1.  <<NOTE: 28 USC 994 note.>> 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 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.

<<NOTE: 28 USC 994 note.>> 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.

    Approved October 30, 1995.

LEGISLATIVE HISTORY--S. 1254 (H.R. 2259):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 104-272 accompanying H.R. 2259 (Comm. on the 
Judiciary).
CONGRESSIONAL RECORD, Vol. 141 (1995):
            Sept. 29, considered and passed Senate.
            Oct. 18, H.R. 2259 and S. 1254 considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995):
            Oct. 30, Presidential statement.

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