[House Report 104-279]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-279
_______________________________________________________________________


 
      PROVIDING FOR THE CONSIDERATION OF H.R. 2259, DISAPPROVAL 
               OF CERTAIN SENTENCING GUIDELINE AMENDMENTS

                                _______


  October 17, 1995.--Referred to the House Calendar and ordered to be 
                                printed

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    Ms. Pryce, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 237]

    The Committee on Rules, having had under consideration 
House Resolution 237, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

               brief summary of provisions of resolution

    The resolution provides for the consideration of H.R. 2259, 
the ``Disapproval of Certain Sentencing Guideline Amendments'' 
under a modified closed rule. The rule provides one hour of 
general debate divided equally between the chairman and ranking 
minority member of the Committee on the Judiciary.
    The rule waives clause 2(l)(2)(B) of rule XI (requiring 
inclusion in committee reports of rollcall vote results) 
against consideration of the bill. It provides for the adoption 
in the House and in the Committee of the Whole of an amendment 
in the nature of a substitute, consisting of the text of the 
Senate-passed bill (S. 1254).
    The rule provides that the bill, as amended, shall be 
considered as the original bill for the purpose of amendment, 
and shall be considered as read. The rule makes in order an 
amendment in the nature of a substitute printed in this report, 
to be offered by Representative Conyers or his designee, which 
shall be considered as read, shall be debatable for one hour, 
and shall not be subject to amendment. The rule provides one 
motion to recommit with or without instructions.
    The rule further provides that after passage of the House 
bill, it will be in order to take up the Senate bill, and 
waives all points of order against the Senate bill and against 
its consideration. The rule makes it in order to move to strike 
the text of the Senate bill and insert the House-passed text, 
and waives all points of order against that motion. Finally, 
the rule provides that if the motion is adopted and the Senate 
bill is passed, then it will be in order to move that the House 
request a conference with the Senate.

     The Amendment in the Nature of a Substitute To Be Offered by 
  Representative Conyers of Michigan or His Designee, Debatable for 1 
                                  Hour

    Strike all after the enacting clause and insert the 
following:

SECTION 1. DISAPPROVAL OF AMENDMENTS RELATING TO LOWERING OF CRACK 
                    SENTENCES AND SENTENCES FOR MONEY LAUNDERING AND 
                    TRANSACTIONS IN PROPERTY DERIVED FROM UNLAWFUL 
                    ACTIVITY.

    In accordance with section 994(p) of title 28, United 
States Code, amendments numbered 5 and 18 (except to the extent 
they amend section 2D2.1) of the ``Amendments to the Sentencing 
Guidelines, Policy Statements, and Official Commentary'', 
submitted by the United States Sentencing Commission to 
Congress on May 1, 1995, are hereby disapproved and shall not 
take effect.

SEC. 2. REDUCTION OF SENTENCING DISPARITY.

    (a) Recommendations.--
          (1) In general.--The United States Sentencing 
        Commission shall submit to Congress recommendations 
        (and an explanation therefor), regarding changes to the 
        statutes and sentencing guidelines governing sentences 
        for unlawful manufacturing, importing, exporting, and 
        trafficking of cocaine, and like offenses, including 
        unlawful possession, possession with intent to commit 
        any of the forgoing offenses, and attempt and 
        conspiracy to commit any of the forgoing offenses. The 
        recommendations shall reflect the following 
        considerations--
                  (A) the sentence imposed for trafficking in a 
                quantity of crack cocaine should generally 
                exceed the sentence imposed for trafficking in 
                a like quantity of powder cocaine;
                  (B) high-level wholesale cocaine traffickers, 
                organizers, and leaders, of criminal activities 
                should generally receive longer sentences than 
                low-level retail cocaine traffickers and those 
                who played a minor or minimal role in such 
                criminal activity;
                  (C) if the Government establishes that a 
                defendant who traffics in powder cocaine has 
                knowledge that such cocaine will be converted 
                into crack cocaine prior to its distribution to 
                individual users, the defendant should be 
                treated at sentencing as though the defendant 
                had trafficked in crack cocaine; and
                  (D) an enhanced sentence should generally be 
                imposed on a defendant who, in the course of an 
                offense described in this subsection--
                          (i) murders or causes serious bodily 
                        injury to an individual;
                          (ii) uses a dangerous weapon;
                          (iii) uses or possesses a firearm;
                          (iv) involves a juvenile or a woman 
                        who the defendant knows or should know 
                        to be pregnant;
                          (v) engages in a continuing criminal 
                        enterprise or commits other criminal 
                        offenses in order to facilitate his 
                        drug trafficking activities;
                          (vi) knows, or should know, that he 
                        is involving an unusually vulnerable 
                        person;
                          (vii) restrains a victim;
                          (viii) traffics in cocaine within 500 
                        feet of a school;
                          (ix) obstructs justice;
                          (x) has a significant prior criminal 
                        record; or
                          (xi) is an organizer or leader of 
                        drug trafficking activities involving 
                        five or more persons.
          (2) Ratio.--The recommendations described in the 
        preceding subsection shall propose revision of the drug 
        quantity ratio of crack cocaine to powder cocaine under 
        the relevant statutes and guidelines in a manner 
        consistent with the ratios set for other drugs and 
        consistent with the objectives set forth in section 
        3553(a) of title 28, United States Code.
    (b) Study.--No later than May 1, 1996, the Department of 
Justice shall submit to the Judiciary Committees of the Senate 
and House of Representatives a report on the charging and plea 
practices of Federal prosecutors with respect to the offense of 
money laundering. Such study shall include an account of the 
steps taken or to be taken by the Justice Department to ensure 
consistency and appropriateness in the use of the money 
laundering statute. The Sentencing Commission shall submit to 
the Judiciary Committees comments on the study prepared by the 
Department of Justice.

                                
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