[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5814-S5815]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6303. Mr. GRASSLEY (for himself and Mr. Lee) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10__. SMART COCAINE SENTENCING.

       (a) Short Title.--This section may be cited as the ``Start 
     Making Adjustments and Require Transparency in Cocaine 
     Sentencing Act'' or the ``SMART Cocaine Sentencing Act''.
       (b) Penalties for Cocaine-related Offenses.--
       (1) In general.--
       (A) Controlled substances act.--Section 401(b)(1) of the 
     Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended--
       (i) in subparagraph (A)--

       (I) in clause (ii), in the matter preceding subclause (I), 
     by striking ``5 kilograms'' and inserting ``4 kilograms''; 
     and
       (II) in clause (iii), by striking ``280 grams'' and 
     inserting ``1,600 grams''; and

       (ii) in subparagraph (B)--

       (I) in clause (ii), in the matter preceding subclause (I), 
     by striking ``500 grams'' and inserting ``400 grams''; and
       (II) in clause (iii), by striking ``28 grams'' and 
     inserting ``160 grams''.

       (B) Controlled substances import and export act.--Section 
     1010(b) of the Controlled Substances Import and Export Act 
     (21 U.S.C. 960(b)) is amended--
       (i) in paragraph (1)--

       (I) in subparagraph (B), in the matter preceding clause 
     (i), by striking ``5 kilograms'' and inserting ``4 
     kilograms'';
       (II) in subparagraph (C), by striking ``280 grams'' and 
     inserting ``1,600 grams''; and
       (III) in subparagraph (H), by striking the period at the 
     end and inserting a semicolon; and

       (ii) in paragraph (2)--

       (I) in subparagraph (B), in the matter preceding clause 
     (i), by striking ``500 grams'' and inserting ``400 grams'';
       (II) in subparagraph (C), by striking ``28 grams'' and 
     inserting ``160 grams''; and
       (III) in subparagraph (H), by striking the period at the 
     end and inserting a semicolon.

       (2) Attorney general certification.--
       (A) In general.--For a defendant sentenced before the date 
     of enactment of this Act, the Attorney General shall submit 
     to the court that sentenced the defendant a certification 
     regarding whether, in the opinion of the Attorney General, 
     the sentence of the defendant should be reduced, as if the 
     amendments made by paragraph (1) were in effect at the time 
     the offense was committed. In making a certification under 
     this subparagraph, the Attorney General shall consider the 
     factors in section 3553(a) of title 18, United States Code.
       (B) Resentencing.--If the Attorney General submits a 
     certification under subparagraph (A) indicating that, in the 
     opinion of the Attorney General, the sentence of the 
     defendant should be reduced, as if the amendments made by 
     paragraph (1) were in effect at the time the offense was 
     committed, the court that imposed the sentence of the 
     defendant may impose such a reduced sentence.
       (c) Federal Research.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General, in coordination 
     with the Administrator of the Drug Enforcement Administration 
     and the Secretary of Health and Human Services, shall review 
     and submit to the Committee on the Judiciary and the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate and the Committee on the Judiciary and the Committee 
     on Energy and Commerce of the House of Representatives a 
     report on--
       (A) the average individual dosage amount of both powder 
     cocaine and cocaine base;
       (B) the lethality of both powder cocaine and cocaine base 
     as measured by individual dosage;
       (C) the impact on lethality that polysubstance use, 
     specifically as to synthetic drugs such as fentanyl and 
     fentanyl-related substances, has on both powder cocaine and 
     cocaine base users;
       (D) the addictiveness of both powder cocaine and cocaine 
     base;
       (E) the violence attributed to or associated with both 
     powder cocaine and cocaine base, which may include but is not 
     limited to, criminal charges, statutory enhancements, 
     criminal history, and recidivism data; and
       (F) the impact on addictiveness that polysubstance use, 
     specifically as to synthetic drugs such as fentanyl and 
     fentanyl-related substances, has on both powder cocaine and 
     cocaine base users.
       (2) Report by united states sentencing commission.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the United States Sentencing 
     Commission shall submit to Congress and publicly issue a 
     report regarding cocaine offenses and offenders.
       (B) Contents.--The report under subparagraph (A) shall 
     include--

[[Page S5815]]

       (i) an analysis of data available to the Commission on 
     Federal cocaine offenses and offenders;
       (ii) an updated description of the forms of cocaine, 
     methods of use, effects, dependency potential, effects of 
     prenatal exposure, and prevalence of cocaine use;
       (iii) an updated description of trends in cocaine 
     trafficking patterns, price, and use;
       (iv) a review of State sentencing policies and an 
     examination of the interaction of State penalties with 
     Federal prosecutorial decisions;
       (v) a review of recent Federal case law developments 
     relating to Federal cocaine sentencing; and
       (vi) recommendations to Congress.
                                 ______