Fair Sentencing Act of 2010

Floor Speech

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Mr. HOYER. Mr. Speaker, I rise in support of this legislation and thank Mr. Scott for yielding to me.

I also want to thank the former attorney general from California, Dan Lungren, for working with me on this issue and Jim Sensenbrenner and others.

Two decades ago, Congress responded to the addictiveness of crack cocaine, a terrible drug, and the violence it brought in its wake by establishing harsh mandatory sentences for possessing and dealing it. In supporting that policy, Congress also created a wide disparity, however, between crack cocaine and powder cocaine sentences--both addictive, both illegal.

Possessing an amount of crack equal to the weight of two pennies has resulted in a mandatory minimum sentence of 5 years. In order to receive a similar sentence for possessing a chemically similar powder, cocaine, one would have to be carrying 100 times as much cocaine.

It has long been clear that 100-to-1 disparity has had a racial dimension as well, helping to fill our prisons with African Americans disproportionately put behind bars for longer.

The 100-to-1 disparity is counterproductive and unjust. That's not just my opinion, but the opinion of a bipartisan U.S. Sentencing Commission, the Judicial Conference of the United States, the National District Attorneys Association, the National Association of Police Organizations, the Federal Law Enforcement Officers Association, the International Union of Police Associations, and dozens of former Federal judges and prosecutors. They have seen firsthand the damaging effects of our unequal sentencing guidelines up close, and they understand the need to change them. That's what this is about.

The Fair Sentencing Act does that. It also strengthens sentences for those who profit by addicting others to drugs, as it should do.

This bill has overwhelming bipartisan support. Whatever their opinions on drug policies, members of law enforcement, community advocates, and Members of Congress overwhelmingly support this bill. In fact, it passed the Senate unanimously.

In the words of a letter signed by a bipartisan group with sponsors on the Senate Judiciary--Senators Leahy, Sessions, Feinstein, Hatch, Specter, Grassley, Durbin, Graham, Cardin, Cornyn and Coburn--a very, very bipartisan and broad spectrum group of supporters, they said this: ``Congress has debated the need to address the crack powder disparity for too long. We now have the ability to address this issue on a bipartisan basis.'' They supported this legislation, which is, again, why it passed in a bipartisan fashion through the United States Senate.

My colleagues, I urge support of this legislation. I am pleased that the leadership on both sides of the aisle will be supporting this legislation. We do so for the same reason that Senators Cornyn, Hatch, Graham, and Sessions all support their legislation. It's the right thing to do. It will enhance, not diminish prosecution, and it will lead to better justice in America while at the same time making sure that we penalize and hold accountable those who would addict our children and our fellow citizens.

I urge support of this legislation.

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