II 

109TH CONGRESS 

2D SESSION S. 3725 

To reduce the disparity in punishment between crack and powder cocaine 

offenses, to more broadly focus the punishment for drug offenders on 

the seriousness of the offense and the culpability of the offender, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 25, 2006 

Mr. SESSIONS (for himself, Mr. PRYOR, Mr. CORNYN, and Mr. SALAZAR) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To reduce the disparity in punishment between crack and 

powder cocaine offenses, to more broadly focus the punishment for drug offenders on the seriousness of the 

offense and the culpability of the offender, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Drug Sentencing Reform Act of 2006’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

TITLE I—REDUCTION OF DISPARITY IN SENTENCING BETWEEN 

CRACK AND POWDER COCAINE 

Sec. 101. Reduction in disparity in sentencing between crack and powder cocaine. 

Sec. 102. Sentencing guideline conforming changes and enhancements for acts 

of violence during the course of a drug trafficking offense. 

TITLE II—INCREASED EMPHASIS ON THE DEFENDANT’S ROLE 

IN THE OFFENSE 

Sec. 201. Increase in sentence for leadership role in drug offense. 

Sec. 202. Limit on sentence when defendant has lesser role in the offense. 

Sec. 203. Elderly, nonviolent prisoner pilot program. 

Sec. 204. Emergency amendment authority; effective date. 

1 TITLE I—REDUCTION OF DIS2 PARITY IN SENTENCING BE3 TWEEN CRACK AND POWDER 

4 COCAINE 

5 SEC. 101. REDUCTION IN DISPARITY IN SENTENCING BE6 TWEEN CRACK AND POWDER COCAINE. 

7 (a) AMENDMENT OF THE CONTROLLED SUBSTANCES

8 ACT.—Section 401 of the Controlled Substances Act (21 

9 U.S.C. 841) is amended as follows: 

10 (1) TEN-YEAR MANDATORY MINIMUM.— 

11 (A) DECREASE IN AMOUNT OF POWDER

12 COCAINE NECESSARY TO TRIGGER MANDATORY

13 MINIMUM.—In subsection (b)(1)(A)(ii) by strik14 ing ‘‘5 kilograms’’ and inserting ‘‘4 kilograms’’. 

15 (B) INCREASE IN AMOUNT OF CRACK CO16 CAINE NECESSARY TO TRIGGER MANDATORY

17 MINIMUM.—In subsection (b)(1)(A)(iii) by 


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1 striking ‘‘50 grams’’ and inserting ‘‘200 

2 grams’’. 

3 (2) FIVE-YEAR MANDATORY MINIMUM.— 

4 (A) DECREASE IN AMOUNT OF POWDER

5 COCAINE NECESSARY TO TRIGGER MANDATORY

6 MINIMUM.—In subsection (b)(1)(B)(ii) by strik7 ing ‘‘500 grams’’ and inserting ‘‘400 grams’’. 

8 (B) INCREASE IN AMOUNT OF CRACK CO9 CAINE NECESSARY TO TRIGGER MANDATORY

10 MINIMUM.—In subsection (b)(1)(B)(iii) by 

11 striking ‘‘5 grams’’ and inserting ‘‘20 grams’’. 

12 (b) AMENDMENT OF THE CONTROLLED SUBSTANCES

13 IMPORT AND EXPORT ACT.—Section 1010 of the Con14 trolled Substances Import and Export Act (21 U.S.C. 

15 960) is amended as follows: 

16 (1) TEN-YEAR MANDATORY MINIMUM.— 

17 (A) DECREASE IN AMOUNT OF POWDER

18 COCAINE NECESSARY TO TRIGGER MANDATORY

19 MINIMUM.—In subsection (b)(1)(B) by striking 

20 ‘‘5 kilograms’’ and inserting ‘‘4 kilograms’’. 

21 (B) INCREASE IN AMOUNT OF CRACK CO22 CAINE NECESSARY TO TRIGGER MANDATORY

23 MINIMUM.—In subsection (b)(1)(C) by striking 

24 ‘‘50 grams’’ and inserting ‘‘200 grams’’. 

25 (2) FIVE-YEAR MANDATORY MINIMUM.— 


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1 (A) DECREASE IN AMOUNT OF POWDER

2 COCAINE NECESSARY TO TRIGGER MANDATORY

3 MINIMUM.—In subsection (b)(2)(B) by striking 

4 ‘‘500 grams’’ and inserting ‘‘400 grams’’. 

5 (B) INCREASE IN AMOUNT OF CRACK CO6 CAINE NECESSARY TO TRIGGER MANDATORY

7 MINIMUM.—In subsection (b)(2)(C) by striking 

8 ‘‘5 grams’’ and inserting ‘‘20 grams’’. 

9 (c) CONFORMING CHANGE TO PENALTY FOR POSSES10 SION.—Section 404(a) of the Controlled Substances Act 

11 (21 U.S.C. 844(a)) is amended in the fifth sentence by 

12 striking ‘‘5 years’’ and inserting ‘‘1 year’’. 

13 SEC. 102. SENTENCING GUIDELINE CONFORMING CHANGES 

14 AND ENHANCEMENTS FOR ACTS OF VIO15 LENCE DURING THE COURSE OF A DRUG 

16 TRAFFICKING OFFENSE. 

17 Pursuant to its authority under section 994 of title 

18 28, United States Code, and in accordance with this sec19 tion, the United States Sentencing Commission shall re20 view and amend the Federal sentencing guidelines and 

21 policy statements to ensure— 

22 (1) that guideline offense levels based upon the 

23 quantity of powder cocaine and crack cocaine are 

24 consistent with the amendments made by section 

25 101; and 


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1 (2) that the guidelines provide an appropriate 

2 additional penalty increase of from 2 to 8 offense 

3 levels if the defendant used violence, made a credible 

4 threat to use violence, directed the use or threatened 

5 use of violence, or possessed a firearm, or other dan6 gerous weapon, during the course of a drug traf7 ficking offense. 

8 TITLE II—INCREASED EMPHASIS 

9 ON THE DEFENDANT’S ROLE 

10 IN THE OFFENSE 

11 SEC. 201. INCREASE IN SENTENCE FOR LEADERSHIP ROLE 

12 IN DRUG OFFENSE. 

13 Pursuant to its authority under section 994 of title 

14 28, United States Code, and in accordance with this sec15 tion, the United States Sentencing Commission shall re16 view and amend the Federal sentencing guidelines and 

17 policy statements to ensure an additional increase of at 

18 least 2 offense levels if— 

19 (1) the defendant, as an organizer, leader, man20 ager, or supervisor of drug trafficking activity, is 

21 subject to an aggravating role enhancement under 

22 the guidelines; and 

23 (2) the offense involved 1 or more of the fol24 lowing super-aggravating factors— 

25 (A) the defendant— 


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1 (i) used another person to purchase, 

2 sell, transport, or store controlled sub3 stances; 

4 (ii) used impulse, fear, friendship, af5 fection, or some combination thereof to in6 volve such person in the offense; 

7 (iii) and such person had a minimum 

8 knowledge of the illegal enterprise and was 

9 to receive little or no compensation from 

10 the illegal transaction; 

11 (B) the defendant maintained an establish12 ment for the manufacture or distribution of a 

13 controlled substance, as generally described in 

14 section 406 of the Controlled Substances Act 

15 (21 U.S.C. 856); 

16 (C) the defendant— 

17 (i) distributed a controlled substance 

18 to a person under the age of 18 years, a 

19 person over the age of 64 years, or a preg20 nant individual; or 

21 (ii) involved a person under the age of 

22 18 years, a person over the age of 64 

23 years, or a pregnant individual in drug 

24 trafficking; 


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1 (D) the defendant bribed, or attempted to 

2 bribe, a Federal, State, or local law enforce3 ment official in connection with a drug traf4 ficking offense; 

5 (E) the defendant was involved in the im6 portation into the United States of a controlled 

7 substance; or 

8 (F) the defendant committed the drug 

9 trafficking offense as part of a pattern of crimi10 nal conduct engaged in as a livelihood. 

11 SEC. 202. LIMIT ON SENTENCE WHEN DEFENDANT HAS 

12 LESSER ROLE IN THE OFFENSE. 

13 Pursuant to its authority under section 994 of title 

14 28, United States Code, and in accordance with this sec15 tion, the United States Sentencing Commission shall re16 view and amend, as appropriate, the Federal sentencing 

17 guidelines and policy statements to ensure that— 

18 (1) if the defendant is subject to a minimal role 

19 adjustment under the guidelines, the base offense 

20 level for such a defendant based solely on drug 

21 quantity shall not exceed level 32; and 

22 (2) there shall be an additional reduction of 2 

23 offense levels, if the defendant— 


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1 (A) otherwise qualifies for a minimal role 

2 adjustment under the guidelines and had a min3 imum knowledge of the illegal enterprise; 

4 (B) was to receive little or no compensa5 tion from the illegal transaction; and 

6 (C) acted on impulse, fear, friendship, or 

7 affection when the defendant was otherwise un8 likely to commit such an offense. 

9 SEC. 203. ELDERLY, NONVIOLENT PRISONER PILOT PRO10 GRAM. 

11 (a) DEFINITIONS.—In this section: 

12 (1) CRIME OF VIOLENCE.—The term ‘‘crime of 

13 violence’’ has the meaning given the term in section 

14 16 of title 18, United States Code. 

15 (2) DESIGNATED FACILITY.—The term ‘‘des16 ignated facility’’ means a Federal penitentiary des17 ignated by the Attorney General as appropriate for 

18 the pilot program. 

19 (3) DIRECTOR.—The term ‘‘Director’’ means 

20 the Director of the Bureau of Prisons. 

21 (4) ELIGIBLE PRISONER.—The term ‘‘eligible 

22 prisoner’’ means a prisoner in the custody of the 

23 Bureau of Prisons who— 

24 (A) is not less than 65 years of age; 


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1 (B) is serving a term of imprisonment 

2 after conviction for an offense other than a 

3 crime of violence and has served the greater of 

10 years or 1 4 ⁄2 of the term of imprisonment; 

5 (C) has not been convicted in the past of 

6 any Federal or State crime of violence; 

7 (D) has not been determined by the Bu8 reau of Prisons, on the basis of information the 

9 Bureau uses to make custody classifications, 

10 and in the sole discretion of the Bureau, to 

11 have a history of violence; 

12 (E) has not escaped, or attempted to es13 cape, from a Bureau of Prisons facility; and 

14 (F) has not been determined by the Direc15 tor, pursuant to the disciplinary system of the 

16 Bureau of Prisons, to have committed an in17 fraction involving an act of violence. 

18 (5) HOME DETENTION.—The term ‘‘home de19 tention’’ has the same meaning given the term in the 

20 Federal Sentencing Guidelines, and includes deten21 tion in a nursing home or other residential long-term 

22 care facility. 

23 (6) PILOT PROGRAM.—The term ‘‘pilot pro24 gram’’ means the pilot program carried out in ac25 cordance with this section. 


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1 (7) TERM OF IMPRISONMENT.—The term ‘‘term 

2 of imprisonment’’ includes multiple terms of impris3 onment ordered to run consecutively or concurrently, 

4 which shall be treated as a single, aggregate term of 

5 imprisonment for purposes of this section. 

6 (b) PROGRAM ESTABLISHED.— 

7 (1) IN GENERAL.—Notwithstanding section 

8 3624 of title 18, United States Code, or any other 

9 provision of law, the Director shall carry out a pilot 

10 program at 1 or more designated facilities, under 

11 which the Director shall, in accordance with para12 graph (2), place each prisoner who is determined to 

13 be an eligible prisoner on home detention until the 

14 date on which the term of imprisonment to which 

15 the eligible prisoner was sentenced expires. 

16 (2) TIMING OF RELEASE.—In carrying out the 

17 pilot program, the Director shall place an eligible 

18 prisoner on home detention under paragraph (1)— 

19 (A) with respect to a prisoner who is deter20 mined to be an eligible prisoner on or before the 

21 date that is 90 days after the date of enactment 

22 of this Act, not later than 180 days after the 

23 date of enactment of this Act; and 

24 (B) with respect to a prisoner who is de25 termined to be an eligible prisoner after the 


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1 date that is 90 days after the date of enactment 

2 of this Act and before the date that is 3 years 

3 and 91 days after such date of enactment, not 

4 later than 90 days after the date of such deter5 mination. 

6 (3) VIOLATION OF TERMS OF HOME DETEN7 TION.—A violation of the terms of the home deten8 tion, including the commission of another Federal, 

9 State, or local crime, shall result in the return of an 

10 eligible prisoner to the form of custody of that pris11 oner prior to being placed on home detention. 

12 (c) PROGRAM EVALUATION.— 

13 (1) IN GENERAL.—The Director shall contract 

14 with an independent organization to monitor and 

15 evaluate the progress of each prisoner released 

16 under the pilot program during the 3-year period be17 ginning on the date of such release. 

18 (2) ANNUAL REPORT.—The organization de19 scribed in paragraph (1) shall annually submit to 

20 the Director and to Congress a report on the pilot 

21 program, which shall include— 

22 (A) an evaluation of the effectiveness of 

23 the pilot program in providing successful transi24 tion to eligible prisoners from incarceration to 


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1 the community, including data relating to the 

2 recidivism rates for those prisoners; and 

3 (B) the cost savings to the Federal Gov4 ernment resulting from the early removal of eli5 gible prisoners from incarceration. 

6 SEC. 204. EMERGENCY AMENDMENT AUTHORITY; EFFEC7 TIVE DATE. 

8 (a) EMERGENCY AMENDMENT AUTHORITY.— 

9 (1) IN GENERAL.—The United States Sen10 tencing Commission, in its discretion, may— 

11 (A) promulgate amendments pursuant to 

12 the directives in this Act in accordance with the 

13 procedure set forth in section 21(a) of the Sen14 tencing Act of 1987 (28 U.S.C. 994 note), as 

15 though the authority under that section had not 

16 expired; and 

17 (B) pursuant to the emergency authority 

18 provided in paragraph (1), make such con19 forming amendments to the Sentencing Guide20 lines as the Commission determines necessary 

21 to achieve consistency with other guideline pro22 visions and applicable law. 

23 (2) PROMULGATION.—The Commission shall 

24 promulgate any amendments under paragraph (1) 


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1 promptly, so that the amendments take effect on the 

2 same date as the amendments made by this Act. 

3 (b) EFFECTIVE DATE.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), this Act and the amendments made by 

6 this Act shall apply to any offense committed on or 

7 after 180 days after the date of enactment of this 

8 Act. There shall be no retroactive application of any 

9 portion of this Act. 

10 (2) APPLICABILITY.—This subsection shall not 

11 apply to section 203 of this Act. 

Æ 


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