[Congressional Record Volume 170, Number 121 (Thursday, July 25, 2024)]
[Senate]
[Page S5522]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3176. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 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, insert the following:
SEC. _____. PENALTIES FOR COCAINE-RELATED OFFENSES.
(a) In General.--
(1) Controlled substances act.--Section 401(b)(1) of the
Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended--
(A) 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
(B) 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''.
(2) 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--
(A) 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
(B) 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.
(b) Attorney General Certification.--
(1) 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 subsection (a) were in effect at the time
the offense was committed. In making a certification under
this paragraph, the Attorney General shall consider the
factors in section 3553(a) of title 18, United States Code.
(2) Resentencing.--If the Attorney General submits a
certification under paragraph (1) indicating that, in the
opinion of the Attorney General, the sentence of the
defendant should be reduced, as if the amendments made by
subsection (a) 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--
(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.
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