[Congressional Record Volume 140, Number 45 (Thursday, April 21, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: April 21, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
         VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994

  The SPEAKER pro tempore. Pursuant to House Resolution 401 and rule 
XXIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the further consideration of the bill, 
H.R. 4092.

                              {time}  1226


                     in the committee of the whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the further consideration of 
the bill (H.R. 4092) to control and prevent crime, with Mr. Torricelli 
in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. When the Committee of the Whole House rose on 
Wednesday, April 20, 1994, amendment No. 41 printed in part 2 of House 
Report 103-474, offered by the gentleman from California [Mr. 
Martinez], had been disposed of.
  It is now in order to consider amendment No. 45 printed in part 2 of 
House Report 103-474.


                    Amendment offered by Mr. HUGHES

  Mr. HUGHES. Mr. Chairman, I offer an amendment that has been made in 
order under the rule.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Hughes: At the end, add the 
     following:

                  TITLE   .--CRACK PENALTY AMENDMENTS

     SEC.   . CRACK PENALTY AMENDMENTS.

       (a) 50 Gram Trafficking Penalty.--Section 401(b)(1)(A) of 
     the Controlled Substances Act (21 U.S.C. 841(b)(1)(A)) is 
     amended by striking clause (iii).
       (b) 5 Gram Trafficking Penalty.--Section 401(b)(1)(B) of 
     the Controlled Substances Act (21 U.S.C. 841(b)(1)(B)) is 
     amended by striking clause (iii).
       (c) 50 Gram Penalty Import Penalty.--Section 1010(b)(1) of 
     the Controlled Substances Import and Export Act (21 U.S.C. 
     960(b)(1)) is amended by striking out subparagraph (C).
       (d) 5 Gram Penalty Import Penalty.--Section 1010(b)(2) of 
     the Controlled Substances Import and Export Act (21 U.S.C. 
     960(b)(2)) is amended by striking out subparagraph (C).
       (e) Possession Penalty.--Section 404(a) of the Controlled 
     Substances Act (21 U.S.C. 844(a)) is amended by striking the 
     sentence that begins ``Notwithstanding the preceding 
     sentence''.
       (f) Sentencing Guidelines.--The United States Sentencing 
     Commission shall promulgate such amendments to the Sentencing 
     Guidelines as are necessary to conform those Guidelines to 
     the amendments made by this section. Such amendments may be 
     promulgated in accordance with the procedures set forth in 
     section 21(a) of the Sentencing Act of 1987, as though the 
     authority under that section had not expired.


            Modification to Amendment Offered by Mr. Hughes

  Mr. HUGHES. Mr. Chairman, I ask unanimous consent that my amendment 
made in order under the rule be modified in the form that is at the 
desk.
  The text of the amendment, as modified, is as follows:

       Amendment as modified, offered by Mr. Hughes: At the end, 
     add the following:

                    TITLE   .--COCAINE PENALTY STUDY

     SEC.   . COCAINE PENALTY STUDY.

       Not later than December 31, 1994, the United States 
     Sentencing Commission shall submit a report to the Congress 
     on issues relating to sentences applicable to offenses 
     involving the possession or distribution of all forms of 
     cocaine. The report shall address the different penalty 
     levels which apply to different forms of cocaine, and include 
     any recommendations the Commission may have for retention or 
     modification of these differences in penalties.

  Mr. HUGHES (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment, as modified, be considered as read and 
printed in the Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
New Jersey?
  There was no objection.
  The CHAIRMAN. Is there objection to the original request of the 
gentleman from New Jersey?
  Mr. McCOLLUM. Mr. Chairman, reserving the right to object, I would 
like to inquire of the gentleman from New Jersey the nature of his 
amendment, what he wishes to substitute?
  Mr. HUGHES. Mr. Chairman, if the gentleman will yield, it is exactly 
as I provided to the gentleman from Florida.
  Mr. McCOLLUM. Mr. Chairman, continuing my reservation, I would like 
to inquire of the gentleman from New Jersey, this substitute amendment, 
as I understand it, will ask the Sentencing Commission to come back and 
give us their views on crack cocaine and the levels of regular powder 
cocaine and what the penalties maybe should be or should not be. It is 
a request for their views. Is that a correct understanding?
  Mr. HUGHES. The gentleman is absolutely correct.
  Mr. McCOLLUM. Mr. Chairman, I withdraw my reservation of objection.
  The CHAIRMAN. Is their objection to the original request of the 
gentleman from New Jersey that the amendment be modified?
  There was no objection.
  The CHAIRMAN. Pursuant to the rule, the gentleman from New Jersey 
[Mr. Hughes] will be recognized for 5 minutes, and a Member opposed 
will be recognized for 5 minutes.
  Does the gentleman from Florida have any reservations?
  Mr. McCOLLUM. I have no reservations, Mr. Chairman, and no desire to 
be recognized.
  The CHAIRMAN. The gentleman from New Jersey [Mr. Hughes] is 
recognized for 5 minutes.
  Mr. HUGHES. Mr. Chairman, I yield myself 2\1/2\ minutes.
  Mr. Chairman, the substitute amendment I am offering will not change 
the crack cocaine penalties. The substitute will require the U.S. 
Sentencing Commission to provide a comprehensive report by the end of 
this year on all cocaine penalties. Congress officially will have 
before it by the end of this year complete information on cocaine drug 
penalties.
  I believe the information is critical, because I am persuaded that 
there is sufficient evidence and information to change the penalty 
structure. This information was the basis for the original amendment, I 
might say.

                              {time}  1230

  I wanted to take a few minutes to explain why I think this study is 
critical and why the original amendment to equalize mandatory minimum 
penalties for crack cocaine and power cocaine is justified.
  In 1986, during the fervor of the war on drugs and with a lack of 
substantive information about a new type of cocaine substance, crack, 
Congress enacted penalties for crack cocaine that have proven to be 
unwarranted, unjust and do not achieve the goal of removing big-time 
dealers. Powder and crack cocaine were treated as two entirely 
different substances.
  The threshold for the powder cocaine 5-year mandatory minimum was set 
at 500 grams. The threshold for the crack cocaine mandatory minimum was 
set at 5 grams, a weight equivalent to 2 pennies. In addition, simple 
possession of 5 grams of crack cocaine, but not powder cocaine, can 
trigger the mandatory minimum.
  The information is before us now that there is no difference 
pharmacologically between crack cocaine and powder cocaine. In addition 
to that, crack cocaine is no more addictive than powder cocaine.
  The bottom line is that poor people are the ones that use crack 
cocaine and mostly minorities. It is interesting that about 95 percent 
of those that are charged with crack cocaine violations are black and 
other minorities.
  Compared to coke, powder cocaine is used by the more affluent in our 
society. I think most people understand that it is a gross inequity and 
we need to rectify it.
  I think even my colleagues on the Republican side understand that 
there is a gross disparity, and we need to do something about it. The 
author of the amendment, crack cocaine amendment on the floor of the 
House, the gentleman from Florida [Mr. Shaw] acknowledges that in fact 
we do need to do something about it, because it is a gross disparity in 
the law. And it is doing great injustice throughout the country.
  So I would urge my colleagues to support this particular amendment.
  Mr. Chairman, I yield 30 seconds to the gentleman from Florida [Mr. 
McCollum].
  Mr. McCOLLUM. Mr. Chairman, I thank the gentleman for yielding time 
to me.
  While he and I may have a difference of opinion about what exactly 
should be done, I agree there is a disparity. I think the amendment in 
its present form, to give the Sentencing Commission the opportunity to 
give us advice, is good.
  My own judgment would be that we ought to be raising the penalties 
for the powder cocaine rather than lowering them for crack. But we are 
not deciding that today. We are letting the Sentencing Commission do 
it.
  I support the gentleman's amendment in this form.
  Mr. HUGHES. Mr. Chairman, I yield 1 minute to the distinguished 
gentleman from Texas [Mr. Brooks], chairman of the full Committee on 
the Judiciary.
  (Mr. BROOKS asked and was given permission to revise and extend his 
remarks.)
  Mr. BROOKS. Mr. Chairman, I rise in full support of the revised 
amendment by the gentleman from New Jersey [Mr. Hughes], a 
distinguished former prosecutor and a very thoughtful subcommittee 
Chair on the Judiciary Committee.
  First, let me make clear that this amendment is not about condoning 
the possession or use of any illegal drug. Neither Mr. Hughes nor I 
would support such an amendment. This amendment simply asks for a study 
of the existing sentencing structure for cocaine violations.
  Of all the existing mandatory minimums in Federal law today, there is 
none that has drawn more attention by judges than that which is applied 
to cocaine. For example, the simple possession of 5 grams of crack 
cocaine carries a mandatory sentence of 5 years in prison. At the same 
time, there is no mandatory minimum sentence for simple possession of 
powder cocaine--the identical chemical substance constituting crack 
cocaine.
  The amendment offered by Mr. Hughes would provide us with the 
necessary information to understand whether there is a 
disproportionality in these sentences or a disparity in their 
application that was not intended by Congress when it developed the 
sentencing scheme for cocaine. I urge my colleagues to vote in support 
of the Hughes amendment.
  Mr. HUGHES. Mr. Chairman, I yield 30 seconds to the gentleman from 
California [Mr. Tucker].
  Mr. TUCKER. Mr. Chairman, I thank the gentleman from New Jersey for 
yielding time to me.
  I would agree with the gentleman's assessment and applaud him for his 
efforts in asking the U.S. Commission on Sentencing to look at this. I 
believe that the information will come back to corroborate what most of 
us already know, and that is that there is a gross disparity between 
the sentencing between powder cocaine and crack cocaine.
  Once again, I applaud the efforts of the gentleman from New Jersey 
[Mr. Hughes] and agree and associate myself with the remarks of the 
gentleman from Texas [Mr. Brooks].
  Mr. HUGHES. Mr. Chairman, I yield 1 minute to the gentleman from 
Michigan [Mr. Conyers], a valued member of the Committee on the 
Judiciary.
  (Mr. CONYERS asked and was given permission to revise and extend his 
remarks.)
  Mr. CONYERS. Mr. Chairman, I rise in support of the Hughes amendment 
to require the U.S. Sentencing Commission to conduct a study on the 
disparity in sentencing for crack and powder cocaine.
  People convicted of crack cocaine offenses are punished 100 times 
more severely than those convicted of powder cocaine offenses. And, to 
no one's surprise--91 percent of those sentenced for crack are African-
American. Yet the majority of people who use crack every day are 
white--64.4 percent.
  Simple possession of over 5 grams of crack is a felony and mandates 
an automatic sentence of 5 years for a first-time offender. Possession 
of 5 grams of powder is a misdemeanor, and requires only 10 months 
probation. This is absolutely outrageous.
  The impact of this on the black community is enormous.
  We already know that 23 percent of young black men are caught up in 
the criminal justice system: on probation, on parole, or in prison. 
There are more young black men in prison today than there are in 
college.


               death penalty: nonhomicidal drug kingpins

  One of the many new death penalties that we have created in this 
crime bill is for nonhomicidal drug kingpins. As a result, it will take 
300 kilograms of powder cocaine to trigger the death penalty; but only 
3 kilograms of crack. Therefore, we have mandated a racially 
discriminatory death penalty. The Hughes amendment will permit us to 
get a thorough evaluation of this disparity--and then to take action 
accordingly.
  Support the Hughes amendment.
  Mr. HUGHES. Mr. Chairman, I ask unanimous consent to claim the 
additional 5 minutes that was not claimed in opposition to the 
amendment, although I am not in opposition to it.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
New Jersey?
  There was no objection.
  Mr. HUGHES. Mr. Chairman, I yield 1 minute to the gentleman from 
North Carolina [Mr. Rose].
  Mr. ROSE. Mr. Chairman, I thank the gentleman for yielding time to 
me.
  I will be very brief. We have danced around it, but we have not said 
it. I just want to say it.
  The way the law is written now, the mandatory sentence attaches to 
the users of crack cocaine; the possibilities of probation attached to 
the users of powder cocaine. The result of that is that our prisons are 
full of black males who have used crack cocaine, and the more affluent 
white boys in the community who have used the powder cocaine are on 
probation.
  Let us just say it. My dear friends have been a little hesitant to 
put it out like that, but that is the truth.
  I wish that we could pass the 2 and 2 of the gentleman from New 
Jersey [Mr. Hughes] or even make it 10 and 10, as I think some might 
like to make it. But to have this unequal and to have it unequal during 
this study still bothers me.
  But I thank the gentleman from New Jersey [Mr. Hughes] for his 
amendment. I support it.
  Mr. HUGHES. Mr. Chairman, I yield 1 minute to the gentleman from 
Michigan [Mr. Conyers].
  Mr. CONYERS. Mr. Chairman, I thank my colleagues on both sides of the 
aisle for making time available.
  Let me refer Members to the discussion of the Attorney General and 
comments that the law on racial disparity in terms of these two 
different offenses is racist and has asked the Supreme Court who now is 
in the midst of a comprehensive review of the evidence around that 
claim.
  Let me point out that Dr. Lee Brown, the Director of the National 
Office on Drug Policy, has said that he believes the crack cocaine law 
has a racially discriminatory impact because crack, used predominantly 
by African-Americans, has a 5-year mandatory minimum for only 5 grams, 
while the same amount of cocaine nets only probation; 92 percent of the 
Federal crack defendants are African-American and only 3 percent are 
white.
  Is it clear? Could there be any doubt? I think on both sides of the 
aisle we have conceded there is racial disparity that begs and pleads, 
in a system that depends on the support of the criminal justice law to 
be fair, that we make this correction. It really cannot be done 
anywhere else. I think that the study that the gentleman from New 
Jersey seeks is going to make it abundantly persuasive to all of us 
that we have got to take action on this very important disparity.

                              {time}  1240

  Mr. HUGHES. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, it is clear, we need some additional scientific 
evidence. There is a gross disparity. The sentencing commission can 
provide us with the data to make sound policy. That is what this is all 
about. I urge my colleagues to support the amendment.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. No Member having arisen in opposition to claim the time 
provided under the rule in opposition, all time has expired.
  The question is on the amendment, as modified, offered by the 
gentleman from New Jersey [Mr. Hughes].
  The question was taken; and the Chairman announced that the ayes 
appeared to have it.


                             recorded vote

  Mr. HUGHES. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 424, 
noes 0, not voting 13, as follows:

                             [Roll No. 141]

                               AYES--424

     Abercrombie
     Ackerman
     Allard
     Andrews (ME)
     Andrews (TX)
     Applegate
     Archer
     Armey
     Bacchus (FL)
     Bachus (AL)
     Baesler
     Baker (CA)
     Baker (LA)
     Ballenger
     Barca
     Barcia
     Barlow
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Barton
     Bateman
     Becerra
     Beilenson
     Bentley
     Bereuter
     Berman
     Bevill
     Bilbray
     Bilirakis
     Bishop
     Blackwell
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Bonior
     Borski
     Boucher
     Brewster
     Brooks
     Browder
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant
     Bunning
     Burton
     Buyer
     Byrne
     Callahan
     Calvert
     Canady
     Cantwell
     Cardin
     Carr
     Castle
     Chapman
     Clay
     Clayton
     Clement
     Clinger
     Clyburn
     Coble
     Coleman
     Collins (GA)
     Collins (IL)
     Collins (MI)
     Combest
     Condit
     Conyers
     Cooper
     Coppersmith
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crapo
     Cunningham
     Danner
     Darden
     de la Garza
     de Lugo (VI)
     Deal
     DeFazio
     DeLauro
     DeLay
     Dellums
     Derrick
     Deutsch
     Diaz-Balart
     Dicks
     Dingell
     Dixon
     Dooley
     Doolittle
     Dornan
     Dreier
     Duncan
     Dunn
     Durbin
     Edwards (CA)
     Edwards (TX)
     Ehlers
     Emerson
     Engel
     English
     Eshoo
     Evans
     Everett
     Ewing
     Faleomavaega (AS)
     Farr
     Fawell
     Fazio
     Fields (LA)
     Fields (TX)
     Filner
     Fingerhut
     Flake
     Foglietta
     Ford (MI)
     Ford (TN)
     Fowler
     Frank (MA)
     Franks (CT)
     Franks (NJ)
     Frost
     Furse
     Gallegly
     Gejdenson
     Gekas
     Gephardt
     Geren
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gingrich
     Glickman
     Gonzalez
     Goodlatte
     Goodling
     Gordon
     Goss
     Grams
     Green
     Greenwood
     Gunderson
     Gutierrez
     Hall (OH)
     Hall (TX)
     Hamburg
     Hamilton
     Hancock
     Hansen
     Harman
     Hastert
     Hastings
     Hayes
     Hefley
     Hefner
     Herger
     Hilliard
     Hinchey
     Hoagland
     Hobson
     Hochbrueckner
     Hoekstra
     Hoke
     Holden
     Horn
     Houghton
     Hoyer
     Huffington
     Hughes
     Hunter
     Hutchinson
     Hutto
     Hyde
     Inglis
     Inhofe
     Inslee
     Istook
     Jacobs
     Jefferson
     Johnson (CT)
     Johnson (GA)
     Johnson (SD)
     Johnson, E. B.
     Johnson, Sam
     Kanjorski
     Kaptur
     Kasich
     Kennedy
     Kennelly
     Kildee
     Kim
     King
     Kingston
     Kleczka
     Klein
     Klink
     Klug
     Knollenberg
     Kolbe
     Kopetski
     Kreidler
     Kyl
     LaFalce
     Lambert
     Lancaster
     Lantos
     LaRocco
     Laughlin
     Lazio
     Leach
     Lehman
     Levin
     Levy
     Lewis (FL)
     Lewis (GA)
     Lightfoot
     Linder
     Lipinski
     Livingston
     Lloyd
     Long
     Lowey
     Machtley
     Maloney
     Mann
     Manton
     Manzullo
     Margolies-Mezvinsky
     Markey
     Martinez
     Matsui
     Mazzoli
     McCandless
     McCloskey
     McCollum
     McCrery
     McCurdy
     McDade
     McDermott
     McHale
     McHugh
     McInnis
     McKeon
     McKinney
     McMillan
     McNulty
     Meehan
     Meek
     Menendez
     Meyers
     Mfume
     Mica
     Michel
     Miller (CA)
     Miller (FL)
     Mineta
     Minge
     Mink
     Moakley
     Molinari
     Mollohan
     Montgomery
     Moorhead
     Moran
     Morella
     Murphy
     Murtha
     Myers
     Nadler
     Neal (MA)
     Neal (NC)
     Norton (DC)
     Nussle
     Oberstar
     Olver
     Ortiz
     Orton
     Owens
     Oxley
     Packard
     Pallone
     Parker
     Pastor
     Paxon
     Payne (NJ)
     Payne (VA)
     Penny
     Peterson (FL)
     Peterson (MN)
     Petri
     Pickett
     Pickle
     Pombo
     Pomeroy
     Porter
     Portman
     Poshard
     Price (NC)
     Pryce (OH)
     Quillen
     Quinn
     Rahall
     Ramstad
     Rangel
     Ravenel
     Reed
     Regula
     Reynolds
     Richardson
     Roberts
     Roemer
     Rogers
     Rohrabacher
     Romero-Barcelo (PR)
     Ros-Lehtinen
     Rose
     Rostenkowski
     Roth
     Roukema
     Rowland
     Roybal-Allard
     Royce
     Rush
     Sabo
     Sanders
     Sangmeister
     Santorum
     Sarpalius
     Sawyer
     Saxton
     Schaefer
     Schenk
     Schiff
     Schroeder
     Schumer
     Scott
     Sensenbrenner
     Serrano
     Sharp
     Shaw
     Shays
     Shepherd
     Shuster
     Sisisky
     Skaggs
     Skeen
     Skelton
     Slattery
     Slaughter
     Smith (IA)
     Smith (MI)
     Smith (NJ)
     Smith (OR)
     Smith (TX)
     Snowe
     Solomon
     Spence
     Spratt
     Stark
     Stearns
     Stenholm
     Stokes
     Strickland
     Studds
     Stump
     Stupak
     Sundquist
     Swett
     Swift
     Synar
     Talent
     Tanner
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Tejeda
     Thomas (CA)
     Thomas (WY)
     Thompson
     Thornton
     Thurman
     Torkildsen
     Torres
     Torricelli
     Towns
     Traficant
     Tucker
     Underwood (GU)
     Unsoeld
     Upton
     Valentine
     Velazquez
     Vento
     Visclosky
     Volkmer
     Vucanovich
     Walker
     Walsh
     Waters
     Watt
     Waxman
     Weldon
     Wheat
     Williams
     Wilson
     Wise
     Wolf
     Woolsey
     Wyden
     Wynn
     Yates
     Young (AK)
     Young (FL)
     Zeliff
     Zimmer

                             NOT VOTING--13

     Andrews (NJ)
     Camp
     Dickey
     Fish
     Gallo
     Grandy
     Johnston
     Lewis (CA)
     Obey
     Pelosi
     Ridge
     Washington
     Whitten

                              {time}  1302

  So the amendment, as modified, was agreed to.
  The result of the vote was announced as above recorded.
  The CHAIRMAN. The Committee will rise informally in order that the 
House may receive a message.

                          ____________________