I 

111TH CONGRESS 

1ST SESSION H. R. 2469 

To amend the Controlled Substances Act to enhance criminal penalties for 

drug trafficking offenses relating to distribution of heroin, marihuana, 

and methamphetamine and distribution to and use of children, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 18, 2009 

Mr. POE of Texas (for himself, Mr. BURTON of Indiana, Mr. MCCAUL, Mr. 

COBLE, Mr. CHAFFETZ, Mr. SOUDER, and Mr. GALLEGLY) introduced 

the following bill; which was referred to the Committee on the Judiciary, 

and in addition to the Committee on Energy and 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 amend the Controlled Substances Act to enhance criminal 

penalties for drug trafficking offenses relating to distribution of heroin, marihuana, and methamphetamine 

and distribution to and use of children, and for other 

purposes. 

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. 

4 This Act may be cited as the ‘‘Drug Trafficking 

5 Elimination Act of 2009’’. 


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1 TITLE I—CRIMINAL 

2 ENHANCEMENTS 

3 SEC. 101. CRIMINAL ENHANCEMENTS FOR UNLAWFUL MAN4 UFACTURING, DISTRIBUTING, DISPENSING, 

5 OR POSSESSING WITH INTENT TO MANUFAC6 TURE, DISTRIBUTE, OR POSSESS LARGE 

7 AMOUNTS OF HEROIN, MARIHUANA, AND 

8 METHAMPHETAMINE. 

9 Section 401(b)(1) of the Controlled Substances Act 

10 (21 U.S.C. 841(b)(1)) is amended by adding at the end 

11 the following: 

12 ‘‘(F) In the case of a violation of subsection (a) of 

13 this section involving— 

14 ‘‘(i) more than 10 kilograms of a mixture or 

15 substance containing a detectable amount of heroin; 

16 ‘‘(ii) more than 10,000 kilograms of a mixture 

17 or substance containing a detectable amount of mar18 ihuana, or more than 10,000 marihuana plants re19 gardless of weight; or 

20 ‘‘(iii) more than 500 grams of methamphet21 amine, its salts, isomers, and salts of its isomers or 

22 more than 1.5 kilograms of a mixture or substance 

23 containing a detectable amount of methamphet24 amine, its salts, isomers, or salts of its isomers, 


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1 such person shall be subject to the same penalties as appli2 cable under subparagraph (A) of this paragraph, except 

3 that such person shall be sentenced to a term of imprison4 ment which may not be less than 20 years.’’. 

5 SEC. 102. CRIMINAL ENHANCEMENTS FOR UNLAWFUL IM6 PORTATION AND EXPORTATION OF LARGE 

7 AMOUNTS OF HEROIN, MARIHUANA, AND 

8 METHAMPHETAMINE. 

9 Section 1010(b) of the Controlled Substances Import 

10 and Export Act (21 U.S.C. 960(b)) is amended by adding 

11 at the end the following: 

12 ‘‘(8) In the case of a violation of subsection (a) of 

13 this section involving— 

14 ‘‘(A) more than 10 kilograms of a mixture or 

15 substance containing a detectable amount of heroin; 

16 ‘‘(B) more than 10,000 kilograms of a mixture 

17 or substance containing a detectable amount of mar18 ihuana; or 

19 ‘‘(C) more than 500 grams of methamphet20 amine, its salts, isomers, and salts of its isomers or 

21 more than 1.5 kilograms of a mixture or substance 

22 containing a detectable amount of methamphet23 amine, its salts, isomers, or salts of its isomers, 

24 the person committing such violation shall be subject to 

25 the same penalties as applicable under paragraph (1) of 


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1 this subsection, except that such person shall be sentenced 

2 to a term of imprisonment which may not be less than 

3 20 years.’’. 

4 SEC. 103. MANUFACTURING CONTROLLED SUBSTANCES ON 

5 FEDERAL PROPERTY. 

6 Section 401(b)(5) of the Controlled Substances Act 

7 (21 U.S.C. 841(b)(5)) is amended to read as follows: 

8 ‘‘(5) MANUFACTURE OR CULTIVATION ON FEDERAL

9 PROPERTY.—Any person who violates subsection (a) of 

10 this section by manufacturing or cultivating a controlled 

11 substance on Federal property shall be imprisoned for a 

12 term of not more than 10 years, which shall be imposed 

13 consecutively and in addition to the penalty imposed under 

14 paragraph (1).’’. 

15 SEC. 104. USE OF HAZARDOUS SUBSTANCES ON FEDERAL 

16 LAND. 

17 Section 401(b)(6) of the Controlled Substances Act 

18 (21 U.S.C. 841(b)(6)) is amended to read as follows: 

19 ‘‘(6) USE OF HAZARDOUS SUBSTANCES.—Any per20 son who violates subsection (a) and knowingly uses a poi21 son, chemical, or other hazardous substance on Federal 

22 land, and by such use— 

23 ‘‘(A) creates a serious hazard to humans, wild24 life, or domestic animals; 


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1 ‘‘(B) degrades or harms the environment or 

2 natural resources; or 

3 ‘‘(C) pollutes an aquifer, spring, stream, river, 

4 or body of water, 

5 shall be imprisoned for a term of not more than 5 years, 

6 which shall be imposed consecutively and in addition to 

7 the penalty imposed under paragraphs (1) and (5).’’. 

8 SEC. 105. LISTED CHEMICALS. 

9 Section 401(c) of the Controlled Substances Act (21 

10 U.S.C. 841(c)) is amended by striking ‘‘20 years’’ and ‘‘10 

11 years’’ and inserting ‘‘30 years’’ and ‘‘20 years’’, respec12 tively. 

13 SEC. 106. MURDER AND OTHER VIOLENT CRIMES RELATED 

14 TO DRUG TRAFFICKING, AND DANGEROUS 

15 DRUG TRAFFICKING ORGANIZATIONS. 

16 (a) MURDER AND OTHER VIOLENT CRIMES COM17 MITTED DURING AND IN RELATION TO A DRUG TRAF18 FICKING CRIME.—Part D of the Controlled Substances 

19 Act (21 U.S.C. 841 et seq.) is amended by adding at the 

20 end the following new section: 

21 ‘‘MURDER AND OTHER VIOLENT CRIMES COMMITTED

22 DURING AND IN RELATION TO A DRUG TRAFFICKING

23 CRIME

24 ‘‘SEC. 424. (a) IN GENERAL.—Whoever commits, or 

25 conspires, or attempts to commit, a crime of violence dur26 ing and in relation to a drug trafficking crime, shall, unVerDate Nov 24 2008 06:42 May 19, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2469.IH H2469

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1 less the death penalty is otherwise imposed, in addition 

2 and consecutive to the punishment provided for the drug 

3 trafficking crime and in addition to being subject to a fine 

4 under title 18, United States Code— 

5 ‘‘(1) if the crime of violence results in the death 

6 of any person, be sentenced to death or life in pris7 on; 

8 ‘‘(2) if the crime of violence is kidnapping, ag9 gravated sexual abuse, or maiming, be imprisoned 

10 for life or any term of years not less than 30; 

11 ‘‘(3) if the crime of violence is assault resulting 

12 in serious bodily injury, be imprisoned for life or any 

13 term of years not less than 20; and 

14 ‘‘(4) in any other case, be imprisoned for life or 

15 for any term of years not less than 10. 

16 ‘‘(b) VENUE.—A prosecution for a violation of this 

17 section may be brought in— 

18 ‘‘(1) the judicial district in which the murder or 

19 other crime of violence occurred; or 

20 ‘‘(2) any judicial district in which the drug traf21 ficking crime may be prosecuted. 

22 ‘‘(c) DEFINITIONS.—As used in this section— 

23 ‘‘(1) the term ‘aggravated sexual abuse’ means 

24 an offense that, if committed in the special maritime 


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1 and territorial jurisdiction would be an offense under 

2 section 2241(a) of title 18, United States Code; 

3 ‘‘(2) the term ‘crime of violence’ has the mean4 ing given that term in section 16 of title 18, United 

5 States Code; 

6 ‘‘(3) the term ‘drug trafficking crime’ has the 

7 meaning given that term in section 924(c)(2) of title 

8 18, United States Code; and 

9 ‘‘(4) the term ‘serious bodily injury’ has the 

10 meaning given that term in section 1365 of title 18, 

11 United States Code.’’. 

12 (b) DANGEROUS DRUG TRAFFICKING ORGANIZA13 TIONS.—Part D of such Act is further amended by adding 

14 after section 424, as added by subsection (a) of this sec15 tion, the following new section: 

16 ‘‘DANGEROUS DRUG TRAFFICKING ORGANIZATIONS

17 ‘‘SEC. 425. (a) IN GENERAL.—Any person who know18 ingly engages in a dangerous drug trafficking organiza19 tion, as defined in subsection (b), shall be imprisoned for 

20 not less than 20 years nor more than life, fined in accord21 ance with the provisions of title 18, United States Code, 

22 or both. 

23 ‘‘(b) DANGEROUS DRUG TRAFFICKING ORGANIZA24 TION DEFINED.—For purposes of this section, the term 

25 ‘dangerous drug trafficking organization’ means a formal 


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1 or informal group, organization, or association of 5 or 

2 more individuals— 

3 ‘‘(1) that has as one of its purposes the com4 mission of one or more drug trafficking crimes (as 

5 defined in section 924(c)(2) of title 18, United 

6 States Code); 

7 ‘‘(2) one or more of the members of which com8 mit or have committed, in furtherance of such pur9 pose— 

10 ‘‘(A) more than one violation of this part 

11 the punishment of which is a felony; and 

12 ‘‘(B) 2 or more violations, in 2 or more 

13 separate criminal episodes, of section 424; and 

14 ‘‘(3) the activities of which involve at least 50 

15 times the quantity of a substance described in sec16 tion 401(b)(1)(B). 

17 ‘‘(c) EXTRATERRITORIAL JURISDICTION.—There is 

18 jurisdiction over an offense under this section committed 

19 outside the United States if the individual committing the 

20 offense is a citizen of the United States or an alien law21 fully admitted to the United States for permanent resi22 dence (as defined in section 101(a)(20) of the Immigration 

23 and Nationality Act (8 U.S.C. 1101(a)(20))).’’. 

24 (c) CLERICAL AMENDMENT.—The table of contents 

25 for the Comprehensive Drug Abuse Prevention and ConVerDate Nov 24 2008 06:42 May 19, 2009 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2469.IH H2469

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1 trol Act of 1970 is amended by inserting after the item 

2 relating to section 423 the following: 

‘‘Sec. 424. Murder and other violent crimes committed during and in relation 

to a drug trafficking crime. 

‘‘Sec. 425. Dangerous drug trafficking organizations.’’. 

3 TITLE II—PROTECTING CHIL4 DREN FROM DRUG TRAF5 FICKERS 

6 SEC. 201. DISTRIBUTION TO PERSONS UNDER AGE 21 AND 

7 PREGNANT PERSONS. 

8 (a) IN GENERAL.—Section 418 of the Controlled 

9 Substances Act (21 U.S.C. 859) is amended to read as 

10 follows: 

11 ‘‘DISTRIBUTION TO PERSONS UNDER AGE 21 AND

12 PREGNANT PERSONS

13 ‘‘SEC. 418. (a) DISTRIBUTION TO PERSONS UNDER

14 21.—Except as provided in subsection (b), any person at 

15 least 18 years of age who violates section 401(a)(1) by 

16 distributing a controlled substance to a person under 21 

17 years of age shall be sentenced to a term of imprisonment 

18 of not less than 3 years nor more than 10 years in addition 

19 and consecutive to any punishment under section 401(b). 

20 The mandatory minimum sentencing provisions of this 

21 subsection shall not apply to offenses involving 5 grams 

22 or less of marihuana. 

23 ‘‘(b) DISTRIBUTION TO PREGNANT PERSONS.—Ex24 cept as authorized by this title, any person who knowingly 


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1 provides or distributes any controlled substance to a preg2 nant individual in violation of any provision of this title 

3 shall be sentenced to a term of imprisonment of not less 

4 than 3 years nor more than 10 years in addition and con5 secutive to any punishment under section 401(b). 

6 ‘‘(c) SECOND OR SUBSEQUENT OFFENSES.—Any 

7 person at least 18 years of age who violates subsections 

8 (a) or (b) after a prior conviction under section 401(a) 

9 has become final shall be sentenced to a term of imprison10 ment of not less than 5 years nor more than 20 years 

11 in addition and consecutive to any punishment under sec12 tion 401(b). Penalties for third and subsequent convictions 

13 shall be governed by section 401(b)(1)(A).’’. 

14 (b) CLERICAL AMENDMENT.—The item relating to 

15 section 418 in the table of contents for the Comprehensive 

16 Drug Abuse Prevention and Control Act of 1970 is 

17 amended to read as follows: 

‘‘Sec. 418. Distribution to persons under age 21 and pregnant persons.’’. 

18 SEC. 202. DISTRIBUTION IN OR NEAR SCHOOLS. 

19 Section 419 of the Controlled Substances Act (21 

20 U.S.C. 860) is amended to read as follows: 

21 ‘‘DISTRIBUTION IN OR NEAR SCHOOLS

22 ‘‘SEC. 419. (a) IN GENERAL.—Except as provided by 

23 subsection (b), whoever violates section 401(a)(1) or sec24 tion 416 by distributing, possessing with intent to dis25 tribute, or manufacturing a controlled substance in or on, 


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1 or within one thousand feet of, the real property com2 prising a public or private elementary, vocational, or sec3 ondary school or a public or private college, junior college, 

4 or university, or a playground, or housing facility owned 

5 by a public housing authority, or within 100 feet of a pub6 lic or private youth center, public swimming pool, or video 

7 arcade facility, shall be sentenced to a term of imprison8 ment of not less than 3 years nor more than 10 years 

9 in addition and consecutive to any punishment under sec10 tion 401(b). The mandatory minimum sentencing provi11 sions of this subsection shall not apply to offenses involv12 ing 5 grams or less of marihuana. 

13 ‘‘(b) SECOND OR SUBSEQUENT OFFENSES.—Who14 ever violates subsection (a) after a prior conviction under 

15 section 401(a) has become final shall be sentenced to a 

16 term of imprisonment of not less than 5 years nor more 

17 than 20 years in addition and consecutive to any punish18 ment under section 401(b). Penalties for third and subse19 quent convictions shall be governed by section 

20 401(b)(1)(A). 

21 ‘‘(c) DEFINITIONS.—As used in this section— 

22 ‘‘(1) the term ‘playground’ means any outdoor 

23 facility (including any parking lot appurtenant 

24 thereto) intended for recreation, open to the public, 

25 and with any portion thereof containing three or 


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1 more separate apparatus intended for the recreation 

2 of children including, but not limited to, sliding 

3 boards, swingsets, and teeterboards; 

4 ‘‘(2) the term ‘youth center’ means any rec5 reational facility and/or gymnasium (including any 

6 parking lot appurtenant thereto), intended primarily 

7 for use by persons under 18 years of age, which reg8 ularly provides athletic, civic, or cultural activities; 

9 ‘‘(3) the term ‘video arcade facility’ means any 

10 facility, legally accessible to children, intended pri11 marily for the use of pinball and video machines for 

12 amusement containing a minimum of ten machines 

13 that are either pinball or video machines; and 

14 ‘‘(4) the term ‘swimming pool’ includes any 

15 parking lot appurtenant thereto.’’. 

16 SEC. 203. EMPLOYMENT OR USE OF PERSONS UNDER 18 

17 YEARS OF AGE IN DRUG OPERATIONS. 

18 Section 420 of the Controlled Substances Act (21 

19 U.S.C. 861) is amended to read as follows: 

20 ‘‘EMPLOYMENT OR USE OF PERSONS UNDER 18 YEARS OF

21 AGE IN DRUG OPERATIONS

22 ‘‘SEC. 420. (a) Any person at least 18 years of age 

23 who knowingly— 

24 ‘‘(1) employs, hires, uses, persuades, induces, 

25 entices, or coerces, a person under 18 years of age 

26 to violate any provision of this title or title III; 


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1 ‘‘(2) employs, hires, uses, persuades, induces, 

2 entices, or coerces a person under 18 years of age 

3 to assist in avoiding detection or apprehension, for 

4 any such violation, by any Federal, State, or local 

5 law enforcement official; or 

6 ‘‘(3) receives a controlled substance from a per7 son under 18 years of age, other than an immediate 

8 family member, in violation of this title or title III, 

9 shall be sentenced to a term of imprisonment of not less 

10 than 3 years nor more than 10 years in addition and con11 secutive to any punishment under section 401(b). 

12 ‘‘(b) Whoever violates subsection (a) after a prior 

13 conviction under section 401(a) has become final shall be 

14 sentenced to a term of imprisonment of not less than 5 

15 years nor more than 20 years in addition and consecutive 

16 to any punishment under section 401(b). Penalties for 

17 third and subsequent convictions shall be governed by sec18 tion 401(b)(1)(A).’’. 

19 SEC. 204. MAINTAINING DRUG-INVOLVED PREMISES IN RE20 LATION TO INVOLVEMENT OF CHILDREN. 

21 Section 416(b) of the Controlled Substances Act (21 

22 U.S.C. 856(b)) is amended by inserting (1) before ‘‘Any 

23 person’’ and by adding the following new paragraph: 

24 ‘‘(2) Any person who violates subsection (a) 

25 knowing that the manufacture, distribution, storage, 


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1 or use of any controlled substance involves a person 

2 under the age of 18 shall be sentenced to a term of 

3 imprisonment of not less than 5 years nor more than 

4 20 years.’’. 

5 SEC. 205. MODIFICATION OF SAFETY VALVE PROVISION. 

6 Section 3553(f) of title 18, United States Code, is 

7 amended— 

8 (1) in paragraph (4), by inserting ‘‘and was not 

9 engaged in a dangerous drug trafficking organiza10 tion (as defined in section 425 of the Controlled 

11 Substances Act)’’ after ‘‘section 408 of the Con12 trolled Substances Act’’; 

13 (2) by striking ‘‘and’’ at the end of paragraph 

14 (4); 

15 (3) by redesignating paragraph (5) as para16 graph (6); and 

17 (4) by inserting after paragraph (4) the fol18 lowing: 

19 ‘‘(5) no part of the offense or relevant conduct 

20 involved manufacturing, possessing with intent to 

21 distribute, or distributing any controlled substance 

22 in or near the presence of a child or conduct consti23 tuting an offense under section 418, 419, or 420 of 

24 the Controlled Substances Act (21 U.S.C. 859, 860, 

25 or 861); and’’. 


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1 TITLE III—NATIONAL DRUG 

2 TRAFFICKING ENFORCEMENT 

3 STRATEGY 

4 SEC. 301. NATIONAL ENFORCEMENT STRATEGY. 

5 (a) DEVELOPMENT OF STRATEGY.—The Attorney 

6 General, in consultation with the Secretary of Homeland 

7 Security, shall develop a National Drug Trafficking En8 forcement Strategy. 

9 (b) REPORT.—Not later than February 1 of each 

10 year, the Attorney General shall submit to the Committees 

11 on the Judiciary of the Senate and the House of Rep12 resentatives a report containing the following: 

13 (1) A description of the drug enforcement ac14 tivities of the Federal Bureau of Investigations, the 

15 Drug Enforcement Agency, the Department of 

16 Homeland Security, and other Federal law enforce17 ment agencies, including international and domestic 

18 enforcement strategies and coordination efforts 

19 among all law enforcement agencies. 

20 (2) A description of the allocation of the re21 sources of the entities listed in paragraph (1) for the 

22 investigation and prosecution of alleged violations of 

23 the Controlled Substances Act (21 U.S.C. 801 et 

24 seq.), including violations involving significant drug 

25 trafficking organizations. 


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1 (3) A description of measures being taken to 

2 give priority in the allocation of such resources de3 scribed in paragraph (2) to alleged violations involv4 ing— 

5 (A) persons who have imported into the 

6 United States substantial quantities of con7 trolled substances; and 

8 (B) persons involved in violations that have 

9 endangered children. 

Æ 


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