[Congressional Record (Bound Edition), Volume 153 (2007), Part 9]
[Senate]
[Page 12535]
[From the U.S. Government Publishing Office, www.gpo.gov]




                FEDERAL CRACK COCAINE SENTENCING POLICY

  Mr. LEAHY. Mr. Presdient, today, the U.S. Sentencing Commission took 
another important step in addressing the wide disparity in our Federal 
cocaine sentencing laws.
  The Commission released its fourth report to Congress in 12 years 
that, once again, provides a comprehensive review of our cocaine 
policies, and recommendations about how those policies can be improved. 
Almost 3 weeks ago, the Commission recommended to Congress a change in 
the Sentencing Guidelines that would lower the offense level for crack 
offenders across the board. Both of these actions are positive steps, 
but real progress in this area requires congressional action.
  Under current law, an offender apprehended with 5 grams of crack 
cocaine faces the same 5 year mandatory minimum sentence as an offender 
with 500 grams of powder cocaine--that is the same sentence for 100 
times more powder cocaine. In 2000, the average sentence for a crack 
cocaine defendant was nearly 4 years longer than the average sentence 
for a powder cocaine defendant.
  Last week, the Commission announced it will issue a guideline change 
that lowers the offense level for crack offenders by 2 points across 
the board. As a result, 75 percent of Federal crack offenders will have 
their sentences reduced by approximately 16 months. This change 
represents a step in the right direction.
  For far too long, the Federal crack-powder sentencing laws have 
created an injustice in our Nation. Over 20 years now, Congress has 
silently stood by as this policy swelled our prisons, 
disproportionately impacted African Americans, and misdirected precious 
Federal resources on low-level street dealers rather than on the worst 
offenders--drug kingpins who bring crack into our neighborhoods. Twenty 
years of irresponsible policy is enough.
  I hope the Commission's report and recommendations will serve as a 
roadmap for the 110th Congress. Americans deserve a Congress that will 
make Federal drug laws fair and proportional. We can, and should, fix 
this injustice on a bipartisan basis. It is time to act.

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