I

106TH CONGRESS

2D SESSION H. R. 5326

To introduce common sense to America’s policy regarding controlled

substances.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 27, 2000

Ms. WATERS introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Commerce,

for a period to be subsequently determined by the Speaker, in each case

for consideration of such provisions as fall within the jurisdiction of the

committee concerned

A BILL

To introduce common sense to America’s policy regarding

controlled substances.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Common Sense Drug Policy Act of 2000’’.

6 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

TITLE I—MAJOR DRUG TRAFFICKING PROSECUTION

Sec. 101. Findings.

Sec. 102. Approval of certain prosecutions by Attorney General.
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Sec. 103. Modification of certain sentencing provisions.

TITLE II—PROTECTION OF WOMEN IN PRISONS

Sec. 201. Protection of women inmates.

TITLE III—INCREASED FUNDING FOR PREVENTION AND TREATMENT OF SUBSTANCE ABUSE IN FEDERAL PRISON SYSTEM

Sec. 301. Increased funding for prevention and treatment of substance abuse

in Federal prison system.

Sec. 302. Authorization of appropriations.

TITLE IV—PROSECUTORIAL DATA COLLECTION

Sec. 401. Federal data.

Sec. 402. State data.

TITLE V—CLEAN START

Sec. 501. Expungement.

1 TITLE I—MAJOR DRUG

2 TRAFFICKING PROSECUTION

3 SEC. 101. FINDINGS.

4 Congress makes the following findings:

5 (1) Since the enactment of mandatory min6 imum sentencing for drug users, the Federal Bureau

7 of Prisons budget has increased by more than 1,350

8 percent, from $220,000,000 in 1986 to about

9 $3,019,000,000 in 1997.

10 (2) Mandatory minimums have not reduced sen11 tencing discretion, but rather have transferred dis12 cretion from judges to prosecutors. Prosecutors, not

13 judges, have the discretion to drop or pursue a

14 charge, offer or withhold a plea bargain, reward or

15 deny a defendant’s substantial assistance or coopera16 tion in the prosecution of someone else, and ulti-
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1 mately, to determine the final sentence of the de2 fendant.

3 (3) African Americans comprise 12 percent of

4 the United States population, 15 percent of drug

5 users, 17 percent of cocaine users, but 33 percent of

6 all Federal drug convictions and 57 percent of Fed7 eral cocaine convictions.

8 (4) In 1986, before the mandatory minimums

9 for crack cocaine offenses became effective, the aver10 age Federal prison sentence for African Americans

11 was 11 percent higher than for whites. Following the

12 implementation of mandatory drug sentencing laws,

13 the average drug offense sentence for African Ameri14 cans was 49 percent higher than whites.

15 (5) The average dealer holds a low-wage job

16 and sells part time to obtain drugs for his or her

17 own use.

18 (6) According to a 1999 Justice Department re19 port, the amount of time spent in prison does not af20 fect recidivism rates.

21 SEC. 102. APPROVAL OF CERTAIN PROSECUTIONS BY AT22 TORNEY GENERAL.

23 A Federal prosecution for an offense under the Con24 trolled Substances Act, the Controlled Substances Import

25 and Export Act, or for any conspiracy to commit such an
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1 offense, where the offense involves the illegal distribution

2 or possession of a controlled substance in an amount less

3 than that amount specified as a minimum for an offense

4 under section 401(b)(1)(A) of the Controlled Substances

5 Act (21 U.S.C. 841(b)(1)(A)) or, in the case of any sub6 stance containing cocaine or cocaine base, in an amount

7 less than 500 grams, shall not be commenced without the

8 prior written approval of the Attorney General.

9 SEC. 103. MODIFICATION OF CERTAIN SENTENCING PROVI10 SIONS.

11 (a) SECTION 404.—Section 404 of the Controlled

12 Substances Act (21 U.S.C. 844) is amended—

13 (1) by striking ‘‘not less than 15 days but’’;

14 (2) by striking ‘‘not less than 90 days but’’;

15 (3) by striking ‘‘not less than 5 years and’’ and

16 (4) by striking the sentence beginning ‘‘The im17 position or execution of a minimum sentence’’.

18 (b) SECTION 401.—Section 401(b) of the Controlled

19 Substances Act (21 U.S.C. 841(b)) is amended.—

20 (1) in paragraph (1)(A)—

21 (A) by striking ‘‘which may not be less

22 than 10 years or not more than’’ and inserting

23 ‘‘for any term of years or for’’;

24 (B) by striking ‘‘and if death’’ the first

25 place it appears and all that follows through
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1 ‘‘20 years or more than life’’ the first place it

2 appears;

3 (C) by striking ‘‘which may not be less

4 than 20 years and not more than life imprison5 ment’’ and inserting ‘‘for any term or years or

6 for life’’;

7 (D) by inserting ‘‘imprisonment for any

8 term of years or’’ after ‘‘if death or serious bod9 ily injury results from the use of such substance

10 shall be sentenced to’’;

11 (E) by striking the sentence beginning ‘‘If

12 any person commits a violation of this subpara13 graph’’;

14 (F) by striking the sentence beginning

15 ‘‘Notwithstanding any other provision of law’’

16 and the sentence beginning ‘‘No person sen17 tenced’’;

18 (2) in paragraph (1)(B)—

19 (A) by striking ‘‘which may not be less

20 than 5 years and’’ and inserting ‘‘for’’;

21 (B) by striking ‘‘not less than 20 years or

22 more than’’ and inserting ‘‘for any term or

23 years or to’’;
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1 (C) by striking ‘‘which may not be less

2 than 10 years or more than’’ and inserting ‘‘for

3 any term or years or for’’;

4 (D) by inserting ‘‘imprisonment for any

5 term of years or to’’ after ‘‘if death or serious

6 bodily injury results from the use of such sub7 stance shall be sentenced to’’;

8 (E) by striking the sentence beginning

9 ‘‘Notwithstanding any other provision of law’’;

10 and

11 (3) in paragraph (1)(C)—

12 (A) by striking ‘‘of not less than twenty

13 years for more than’’ and inserting ‘‘for any

14 term of years or for’’;

15 (B) by inserting ‘‘imprisonment for any

16 term or years or to’’ after ‘‘not more than 30

17 years and if death or serious bodily injury re18 sults from the use of such substance shall be

19 sentenced to’’; and

20 (C) by striking the sentence beginning

21 ‘‘Notwithstanding any other provision of law’’.

22 (c) SECTION 1010.—Section 1010(b) of the Con23 trolled Substances Import and Export Act (21 U.S.C.

24 960(b)) is amended—

25 (1) in paragraph (1)—
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1 (A) by striking ‘‘of not less than 10 years

2 and not more than’’ and inserting ‘‘for any

3 term of years or for’’;

4 (B) by striking ‘‘and if death’’ the first

5 place it appears and all that follows through

6 ‘‘20 years and not more than life’’ the first

7 place it appears;

8 (C) by striking ‘‘of not less than 20 years

9 and not more than life imprisonment’’ and in10 serting ‘‘for any term or years or for life’’;

11 (D) by inserting ‘‘imprisonment for any

12 term of years or to’’ after ‘‘if death or serious

13 bodily injury results from the use of such sub14 stance shall be sentenced to’’;

15 (E) by striking the sentence beginning

16 ‘‘Notwithstanding any other provision of law’’

17 and the sentence beginning ‘‘No person sen18 tenced’’;

19 (2) in paragraph (2)—

20 (A) by striking ‘‘not less than 5 years

21 and’’;

22 (B) by striking ‘‘not less than twenty years

23 and not more than’’ and inserting ‘‘for any

24 term or years or for’’;
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1 (C) by striking ‘‘of not less than 10 years

2 and not more than’’ and inserting ‘‘for any

3 term or years or to’’;

4 (D) by striking ‘‘if death or serious bodily

5 injury results from the use of such substance

6 shall be sentenced to life imprisonment’’;

7 (E) by striking the sentence beginning

8 ‘‘Notwithstanding any other provision of law’’

9 and the sentence beginning ‘‘No person sen10 tenced’’; and

11 (3) in paragraph (3).—

12 (A) by striking ‘‘of not less than twenty

13 years and not more than’’ and inserting ‘‘for

14 any term of years or for’’;

15 (B) by inserting ‘‘imprisonment for any

16 term or years or to’’ after ‘‘30 years and if

17 death or serious bodily injury results from the

18 use of such substance shall be sentenced to’’;

19 and

20 (C) by striking the sentence beginning

21 ‘‘Notwithstanding any other provision of law’’.

22 (d) SECTION 418.—Section 418 of the Controlled

23 Substances Act (21 U.S.C. 859) is amended by striking

24 the sentence beginning ‘‘Except to the extent’’ each place
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1 it appears and by striking the sentence beginning ‘‘The

2 mandatory minimum’’.

3 (e) SECTION 419.—Section 419 of the Controlled

4 Substances Act (21 U.S.C. 860) is amended—

5 (1) in subsection (a), by striking the sentence

6 beginning ‘‘Except to the extent’’ and by striking

7 the sentence beginning ‘‘The mandatory minimum’’;

8 and

9 (2) in subsection (b)—

10 (A) by striking ‘‘by the greater of (A) a

11 term of imprisonment of not less than three

12 years and not more than life imprisonment or

13 (B) three times the maximum punishment au14 thorized by section 401(b) for a first offense’’

15 and inserting ‘‘by imprisonment for any term of

16 years or for life’’; and

17 (B)) by striking the sentence beginning

18 ‘‘Except to the extent’’; and

19 (3) by striking subsection (d).

20 (f) SECTION 420.—Section 420 of the Controlled

21 Substances Act (21 U.S.C. 861) is amended—

22 (1) by striking the sentence beginning ‘‘Except

23 to the extent’’ each place it appears; and

24 (2) by striking subsection (e).
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1 TITLE II—PROTECTION OF

2 WOMEN IN PRISONS

3 SEC. 201. PROTECTION OF WOMEN INMATES.

4 Section 20105(b)(1) of the Violent Crime Control and

5 Law Enforcement Act of 1994 (42 U.S.C. 13705(b)(1))

6 is amended—

7 (1) in subparagraph (A), by striking ‘‘and’’

8 after the semicolon;

9 (2) in subparagraph (B), by striking the period

10 at the end and inserting a semicolon; and

11 (3) by adding at the end the following:

12 ‘‘(C) provide assurances, with accom13 panying documentation, to the Attorney Gen14 eral that the State has in effect policies that

15 are monitored and enforced, in jails and correc16 tional facilities throughout the State, that—

17 ‘‘(i) restrict the role of male employ18 ees with women inmates;

19 ‘‘(ii) prohibit male employees from su20 pervising women inmates during showering

21 and undressing;

22 ‘‘(iii) prohibit male employees from

23 conducting body searches, ‘thorough’ pat

24 searches, and frisks on women inmates ex-
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1 cept in the case of an emergency or in the

2 presence of a female employee;

3 ‘‘(iv) address the health needs of

4 women inmates;

5 ‘‘(v) prohibit the use of shackles or

6 other restraints on pregnant women unless

7 it is shown to be absolutely necessary;

8 ‘‘(vi) provide additional protections to

9 women inmates who report violations of

10 this subparagraph to insulate them from

11 retaliatory acts;

12 ‘‘(vii) impose disciplinary action

13 against a jail or correctional facility em14 ployee who violates the provisions of this

15 subparagraph; and

16 ‘‘(viii) require that a male employee

17 who is found to have committed physical or

18 sexual misconduct against a woman inmate

19 is terminated;

20 ‘‘(D) provide documentation to the Attor21 ney General that jails and correctional facilities

22 throughout the State have—

23 ‘‘(i) instituted programs designed to

24 address prior victimization, drug and alco-
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1 hol abuse, and high-risk drug and sexual

2 behaviors of women inmates;

3 ‘‘(ii) contracted with an outside cor4 rectional health care organization to regu5 larly assess the status of women’s health in

6 correctional settings;

7 ‘‘(iii) complied with national correc8 tional health care standards for screening,

9 classifying, and housing that ensure con10 tinuity of care for women inmates;

11 ‘‘(iv) implemented programs for crisis

12 intervention, suicide precaution, case man13 agement, and discharge planning for

14 women inmates; and

15 ‘‘(v) made a concerted effort to meet

16 nationally established standards that en17 sure the basic level of health care services

18 for women offenders; and

19 ‘‘(E) provide documentation to the Attor20 ney General that the State corrections depart21 ment has—

22 ‘‘(i) conducted a needs assessment of

23 minority health needs in correctional set24 tings; and
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1 ‘‘(ii) analyzed its health services to

2 women inmates and classified the health

3 and security risk of each woman inmate.’’.

4 TITLE III—INCREASED FUNDING

5 FOR PREVENTION AND

6 TREATMENT OF SUBSTANCE

7 ABUSE IN FEDERAL PRISON

8 SYSTEM

9 SEC. 301. INCREASED FUNDING FOR PREVENTION AND

10 TREATMENT OF SUBSTANCE ABUSE IN FED11 ERAL PRISON SYSTEM.

12 (a) IN GENERAL.—In carrying out section 4005 of

13 title 18, United States Code, the Attorney General (acting

14 through the Director of the Bureau of Prisons), in collabo15 ration with the Secretary of Health and Human Services

16 (acting through the Administrator of the Health Re17 sources and Services Administration), shall carry out a

18 program for the prevention and treatment of substance

19 abuse among individuals who are in Federal penal or cor20 rectional institutions and in the criminal custody of the

21 Attorney General.

22 (b) SPECIAL CONSIDERATION IN PROVISION OF

23 TREATMENT.—In providing treatment under subsection

24 (a), the officials specified in such subsection shall give spe-
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1 cial consideration to individuals whose terms of criminal

2 custody are within 12 months of completion.

3 SEC. 302. AUTHORIZATION OF APPROPRIATIONS.

4 For the purpose of carrying out section 1, there are

5 authorized to be appropriated $250,000,000 for fiscal year

6 2001, and such sums as may be necessary for each of the

7 fiscal years 2002 through 2005. Such authorization is in

8 addition to any other authorization of appropriations that

9 is available for such purpose.

10 TITLE IV—PROSECUTORIAL

11 DATA COLLECTION

12 SEC. 401. FEDERAL DATA.

13 (a) IN GENERAL.—

14 (1) REQUIREMENT.—The Attorney General

15 shall establish a requirement, which shall be binding

16 on each Federal criminal prosecutor, that the race,

17 ethnicity, and gender of each person charged with a

18 Federal criminal offense prosecuted by the Depart19 ment of Justice, and where there are victims of the

20 offense each victim, be reported at each stage of the

21 prosecution to the Attorney General. In any case in

22 which an individual is offered a plea bargain, the de23 tails of the plea bargain shall be included.
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1 (2) DEFINITION.—As used in this subsection,

2 the term ‘‘each stage of the prosecution’’ means at

3 each of the following stages:

4 (A) Arraignment.

5 (B) Charge, whether by information, in6 dictment, or otherwise.

7 (C) Plea.

8 (D) Trial.

9 (E) Disposition, whether conviction, ac10 quittal, or otherwise.

11 (F) Any decision not to prosecute or to

12 discontinue prosecution or reduce charges.

13 (b) REPORT TO CONGRESS.—The Attorney General

14 shall report annually to Congress the information obtained

15 under subsection (a).

16 SEC. 402. STATE DATA.

17 (a) IN GENERAL.—Section 503(a) of the Omnibus

18 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

19 3753(a)) is amended by adding at the end the following

20 new paragraph:

21 ‘‘(13) A certification that the State has in ef22 fect a requirement, which is binding on each crimi23 nal prosecutor of that State, that the race, ethnicity,

24 and gender of each person charged with a criminal

25 offense of that State, and where there are victims of
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1 the offense each victim, is to be reported at each

2 stage of the prosecution (as defined in section 2 of

3 the Prosecutorial Data Collection Act of 2000) to

4 the Attorney General. In any case in which an indi5 vidual is offered a plea bargain, the details of the

6 plea bargain shall be included.’’.

7 (b) REPORT TO CONGRESS.—The Attorney General

8 shall report annually to Congress the information obtained

9 pursuant to a requirement specified in section 503(a)(13)

10 of that Act (as added by subsection (a)).

11 TITLE V—CLEAN START

12 SEC. 501. EXPUNGEMENT.

13 (a) IN GENERAL.—Section 404 of the Controlled

14 Substances Act (21 U.S.C. 844) is amended by adding at

15 the end the following:

16 ‘‘(d) A person who has been convicted of an offense

17 under this section may obtain an order of expungement

18 from the court in which the conviction took place if, upon

19 motion, the convicted person shows—

20 ‘‘(1) the offense is an offense eligible for

21 expungement under this section that occurred 3

22 years or more before expungement is sought;

23 ‘‘(2) the convicted person has successfully com24 pleted a substance abuse rehabilitation program for

25 any substance abuse problems the person has; and
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1 ‘‘(3) the convicted person has not been crimi2 nally convicted for any conduct that occurred after

3 the conviction for which expungement is sought.’’.

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