A bill to disapprove of amendments to the Federal Sentencing Guidelines relating to lowering of crack sentences and sentences for money laundering and transactions in property derived from unlawful activity.
Public Law 104-38 · S. 1254 · 104th Congress · began in the Senate
Signed by Bill Clinton (D) on Oct 30, 1995 · Crime and Law Enforcement
Sponsor: Sen. Spencer Abraham (R-MI)
Cosponsors (10): Sen. Orrin Hatch, Sen. Strom Thurmond,
Passage votes
- HouseUnanimous consent
- SenateVoice vote
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
Disapproves the U.S. Sentencing Commission's amendments to the Sentencing Guidelines relating to: (1) equalization of crack and cocaine powder quantities for trafficking and possession offenses; and (2) money laundering and transactions in property derived from unlawful activity.
(Sec. 2) Directs the Sentencing Commission to submit to the Congress recommendations regarding changes to the statutes and Sentencing Guidelines governing sentences for unlawful manufacturing, importing, exporting, and trafficking of cocaine and like offenses. Requires the recommendations to reflect the following considerations: (1) the sentence for trafficking in crack cocaine should generally exceed that imposed for trafficking in a like quantity of powder cocaine; (2) high-level cocaine traffickers should generally receive longer sentences than low-level traffickers; (3) a defendant who knowingly traffics in powder cocaine that will be converted into crack cocaine prior to its distribution to individuals should be treated at sentencing as though the defendant had trafficked in crack cocaine; and (4) an enhanced sentence should generally be imposed on a defendant who, in the course of an offense, murders or causes serious bodily injury to an individual, uses a dangerous weapon or possesses a firearm, involves a juvenile, a pregnant woman, or an unusually vulnerable person, engages in a continuing criminal enterprise or commits other criminal offenses in order to facilitate drug trafficking activities, restrains a victim, traffics in cocaine within 500 feet of a school, obstructs justice, has a significant prior criminal record, or is an organizer or leader of drug trafficking activities involving five or more persons.
Specifies that such recommendations 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.
Requires: (1) the Department of Justice (DOJ) to report to the House and Senate Judiciary Committees on the charging and plea practices of Federal prosecutors with respect to money laundering; and (2) the Sentencing Commission to submit to such committees' comments on the DOJ report.
Committees
The record shows no committee referral for this bill.
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 10 actions.
- Oct 30, 1995Became lawBecame law · Became Public Law No: 104-38.
- Became lawBecame law · Signed by President.
- Oct 25, 1995PresidentPresident · Presented to President.
- Oct 18, 1995FloorFloor · A similar measure H.R. 2259 was laid on the table without objection.
- FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
- FloorFloor · On passage Passed without objection.
- FloorFloor · The previous question was ordered without objection.
- FloorFloor · Rule provides for consideration of H.R. 2259 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be read by section. A specified amendment is in order. An amendment in the nature of a…
- Sep 29, 1995FloorFloor · Passed Senate with an amendment by Voice Vote.
- Sep 18, 1995IntroducedIntroduced · Introduced in the Senate
Data notes
Shows the introduction, each committee and subcommittee step the source dates (referral, hearings, markup, report, discharge), and the floor, conference, presidential and became-law steps. Calendar placements, messages between the chambers, amendments and committee report numbers are not shown for laws before the 108th Congress. Two entries the source lists twice are shown once.
Official record
The bill’s full text and every action, including introduction and committee steps, are on Congress.gov. Data through Oct 7, 2026.