[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4116 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4116
To establish appropriate penalties for cocaine-related offenses, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 28, 2022
Mr. Grassley (for himself, Mr. Lee, Mr. Wicker, and Mr. Graham)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish appropriate penalties for cocaine-related offenses, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Start Making Adjustments and Require
Transparency in Cocaine Sentencing Act'' or the ``SMART Cocaine
Sentencing Act''.
SEC. 2. 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.
SEC. 3. FEDERAL RESEARCH.
(a) 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--
(1) the average individual dosage amount of both powder
cocaine and cocaine base;
(2) the lethality of both powder cocaine and cocaine base
as measured by individual dosage;
(3) 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;
(4) the addictiveness of both powder cocaine and cocaine
base;
(5) 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
(6) 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.
(b) Report by United States Sentencing Commission.--
(1) 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.
(2) Contents.--The report under paragraph (1) shall
include--
(A) an analysis of data available to the Commission
on Federal cocaine offenses and offenders;
(B) an updated description of the forms of cocaine,
methods of use, effects, dependency potential, effects
of prenatal exposure, and prevalence of cocaine use;
(C) an updated description of trends in cocaine
trafficking patterns, price, and use;
(D) a review of State sentencing policies and an
examination of the interaction of State penalties with
Federal prosecutorial decisions;
(E) a review of recent Federal case law
developments relating to Federal cocaine sentencing;
and
(F) recommendations to Congress.
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