[Congressional Record (Bound Edition), Volume 156 (2010), Part 11]
[Senate]
[Page 15281]
[From the U.S. Government Publishing Office, www.gpo.gov]




                      FAIR SENTENCING ACT OF 2010

  Mr. KAUFMAN. Mr. President, I rise today to praise the enactment of 
the Fair Sentencing Act of 2010, S. 1789, which was signed into law on 
Tuesday by President Obama. This reform, which significantly narrows 
the sentencing disparity between crack and powder cocaine from 100:1 to 
18:1, is a long overdue victory for a criminal justice system rooted in 
fundamental fairness.
  I am all for tough antidrug laws, but those laws must also be fair. 
Current law is based on an unjustified distinction between crack 
cocaine and powder cocaine. The mere possession of 5 grams of crack--
the rough equivalent of five packets of sugar--carries the same 
sentence as the sale of 500 grams of powder cocaine.
  As it turns out, this 100-to-1 disparity is unjustified by science. 
Moreover, it disproportionately affects African Americans who make up 
more than 80 percent of those convicted of Federal crack offenses.
  Law enforcement experts say that the disparity has undermined trust 
in the criminal justice system, particularly in minority communities.
  Making this change a reality required leadership from the very top: 
from President Obama's personal involvement to great efforts by 
Senators Dick Durbin, Jeff Sessions, Orrin Hatch, and others. Achieving 
this reform took significant political muscle and it took a continuing 
effort.
  I especially want to note the Vice President's early and sustained 
leadership on this issue.
  Back in 2002, when very few in this body wanted to touch this 
politically toxic problem, then-Senator Biden held a hearing that 
exposed the need to reduce the crack-powder disparity. Particularly 
significant was his willingness to admit that he, and Congress 
generally, made a mistake when they created the distinction back in 
1986.
  In June 2007, Senator Biden without any cosponsors on either side of 
the aisle introduced the first Senate bill that would have equalized 
the penalties for crack and powder cocaine without raising penalties 
for powder. The introduction of this bill changed the entire landscape 
of the crack-powder debate. No longer was the question ``Should the 
disparity be reduced?'' No longer was the debate about whether the 
100:1 disparity was reasonable. The Biden bill shifted the burden to 
the naysayers to justify why 1:1 wasn't the right policy solution.
  After Senator Biden assumed his duties as Vice President of the 
United States, Senator Durbin picked up the Senate torch and 
reintroduced the Biden bill. I was proud to join him as a cosponsor of 
S. 1789. He then worked closely with colleagues on both sides of the 
aisle to find a compromise that would both satisfy the needs of law 
enforcement and return fundamental fairness to the sentencing for these 
sorts of offenses.
  I would be remiss if I did not mention one more crucial participant 
in this long-running effort. As my colleagues in this body know, much 
of what we accomplish here on behalf of the American people is 
influenced greatly by our talented staff.
  In this case, reducing the disparity between crack and powder 
cocaine--without increasing penalties for powder--would not likely have 
been achieved without the dedication of a very talented public servant, 
Alan Hoffman.
  Alan, while serving as then-Senator Biden's chief of staff, delivered 
one of the first pushes that started to roll this stone forward, and he 
kept at it for many years. It is undeniable that many had significant 
roles to play in this remarkable achievement. But it is equally 
undeniable that Alan's longstanding drive to right this wrong and shift 
the policy debate fundamentally was crucial to our being able to 
celebrate this accomplishment today.
  As my colleagues know, I have spoken many times in the Senate about 
the outstanding men and women who constitute our Federal workforce. 
Alan Hoffman has been a loyal and dedicated public servant who deserves 
credit for his work today.

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