I 

116TH CONGRESS 

2D SESSION H. R. 7194 

To eliminate mandatory minimum sentences for all drug offenses. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 11, 2020 

Ms. WATERS (for herself, Ms. SCHAKOWSKY, Ms. LEE of California, Ms. NORTON, Mr. POCAN, and Mr. KHANNA) 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 eliminate mandatory minimum sentences for all drug 

offenses. 

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 ‘‘Mandatory Minimum 

5 Reform Act of 2020’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) Mandatory minimum sentences are statu9 torily prescribed terms of imprisonment that autoVerDate Sep 11 2014 20:58 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7194.IH H7194

jbell on DSKJLSW7X2PROD with BILLS
2 

•HR 7194 IH

1 matically attach upon conviction of certain criminal 

2 conduct, often pertaining to drug offenses. Absent 

3 very narrow criteria for relief, a sentencing judge is 

4 powerless to mandate a term of imprisonment below 

5 the mandatory minimum. Mandatory minimum sen6 tences for drug offenses rely solely upon the weight 

7 of the substance as a proxy for the defendant’s role 

8 and degree of involvement. 

9 (2) In the Anti-Drug Abuse Act of 1986, and 

10 at the height of the public concern over crack co11 caine, Congress acted hastily, without sufficient 

12 hearings, and enacted hard line penalties that tar13 geted low-level drug offenders. These penalties in14 cluded new, long mandatory minimum sentences for 

15 such offenders. 

16 (3) According to the Bureau of Prisons, in 

17 1986, when the new drug law containing lengthy 

18 mandatory minimum sentences passed, the prison 

19 population was 36,000. Today, the Federal prison 

20 population is over 177,000 up over 390 percent in 

21 33 years. 

22 (4) According to the Bureau of Prisons, the av23 erage cost to keep one prisoner in Federal prison for 

24 the fiscal year of 2017 was $36,299.25, which 

25 equates to $99.45 per day. 


jbell on DSKJLSW7X2PROD with BILLS
3 

•HR 7194 IH

1 (5) Annual spending on the Federal prison sys2 tem rose by over 600 percent, from roughly 

3 $966,000,000 to more than $6.9 billion in inflation4 adjusted dollars, between 1980 and 2015. 

5 (6) According to the U.S. Sentencing Commis6 sion, 69,425 offenders were sentenced in fiscal year 

7 2018. Of those, 18,964 offenders were sentenced for 

8 a drug trafficking offense; with over half (58.4 per9 cent) of all drug trafficking offenders convicted of 

10 an offense carrying a mandatory minimum penalty. 

11 (7) According to the U.S. Sentencing Commis12 sion, drug offenders released from prison in 1986 

13 who had been sentenced before the adoption of man14 datory sentences and sentencing guidelines had 

15 served an average of 22 months in prison. In fiscal 

16 year 2018, the average sentence for drug trafficking 

17 offenders subject to a mandatory minimum penalty 

18 was more than 10 years (131 months; 62 months 

19 with relief). 

20 (8) In fiscal year 2016, many of those offenders 

21 convicted of an offense carrying a mandatory min22 imum sentence were nonviolent or low-level offend23 ers. According to the U.S. Sentencing Commission, 

24 only 28.7 percent of convictions for drug trafficking 

25 offenses carrying a mandatory minimum penalty inVerDate Sep 11 2014 20:58 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7194.IH H7194

jbell on DSKJLSW7X2PROD with BILLS
4 

•HR 7194 IH

1 volved the use of a weapon, violence, or threats of 

2 violence. Only 11.7 percent of offenders convicted of 

3 such offenses played a leadership role. 

4 (9) Mandatory minimum sentences have histori5 cally been shown to have a disproportionate impact 

6 on African Americans. The United States Sen7 tencing Commission, in a 15-year overview of the 

8 Federal sentencing system, concluded that ‘‘manda9 tory penalty statutes are used inconsistently’’ and 

10 disproportionately affect African-American defend11 ants. According to another United States Sentencing 

12 Commission report, in fiscal year 2016, of the 8,342 

13 offenders who were subject to a Federal mandatory 

14 minimum penalty at sentencing, Black offenders 

15 were the largest group, representing 35.5 percent, 

16 followed by White offenders, who represented 31.1 

17 percent, and Hispanic offenders, who represented 

18 30.9 percent. 

19 (10) According to the U.S. Sentencing Commis20 sion, between 1994 and 2003, the average time 

21 served by African Americans for a drug offense in22 creased by 62 percent, compared to a 17-percent in23 crease among White drug defendants. 

24 (11) According to the Substance Abuse and 

25 Mental Health Services Administration, surveys have 


jbell on DSKJLSW7X2PROD with BILLS
5 

•HR 7194 IH

1 documented that drug use is roughly consistent 

2 across racial and ethnic groups. While there is less 

3 data available regarding drug sellers, research from 

4 the Office of National Drug Control Policy and the 

5 National Institute of Justice has found that drug 

6 users generally buy drugs from someone of their own 

7 racial or ethnic background. But, according to the 

8 U.S. Sentencing Commission, about 73 percent of all 

9 drug offenders sentenced in 2018 were African 

10 American and Hispanic, many of whom are low-level 

11 offenders. 

12 (12) As a result of Federal prosecutors’ focus 

13 on low-level drug offenders, the overwhelming major14 ity of individuals subject to the heightened crack co15 caine penalties are African American. According to 

16 the U.S. Sentencing Commission, in fiscal year 

17 2016, of those offenders sentenced on Federal crack 

18 cocaine charges, only 5.5 percent were White, while 

19 82.6 percent and 11.4 percent were African Amer20 ican and Hispanic, respectively. 

21 (13) According to the U.S. Census, African 

22 Americans comprise 13.3 percent of the U.S. popu23 lation, but according to the U.S. Sentencing Com24 mission, in fiscal year 2018 African Americans made 

25 up 24.9 percent of all drug trafficking offenders. 


jbell on DSKJLSW7X2PROD with BILLS
6 

•HR 7194 IH

1 (14) According to the U.S. Sentencing Commis2 sion, in fiscal year 2016, about 34.6 percent of 

3 women entering Federal prison did so for a drug of4 fense. Linking drug quantity with punishment sever5 ity has had a particularly profound impact on 

6 women, who are historically more likely to play pe7 ripheral roles in a drug enterprise than men. How8 ever, because prosecutors can attach drug quantities 

9 to an individual regardless of the level of a defend10 ant’s participation in the charged offense, women 

11 have been exposed to increasingly punitive sentences. 

12 (15) Low-level and mid-level drug offenders can 

13 be adequately prosecuted by the States and punished 

14 or supervised in treatment as appropriate. 

15 (16) Congress has an obligation to taxpayers to 

16 use sentencing policies that are cost-effective and in17 crease public safety, in addition to establishing a 

18 criminal justice system that is fair, efficient, and 

19 provides just sentences for offenders. Mandatory 

20 sentences have not been conclusively shown to re21 duce recidivism or deter crime. 

22 (17) The limited resources in the Federal crimi23 nal justice system should be used to protect society 

24 by incapacitating dangerous and violent offenders 

25 who pose a threat to public safety. 


jbell on DSKJLSW7X2PROD with BILLS
7 

•HR 7194 IH

1 (18) The Federal judiciary has the expertise 

2 and is in the best position to sentence each offender 

3 and determine who should be sent to Federal prisons 

4 and the amount of time each offender should serve. 

5 SEC. 3. APPROVAL OF CERTAIN PROSECUTIONS BY ATTOR6 NEY GENERAL. 

7 A Federal prosecution for an offense under the Con8 trolled Substances Act, the Controlled Substances Import 

9 and Export Act, or for any conspiracy to commit such an 

10 offense, where the offense involves the illegal distribution 

11 or possession of a controlled substance in an amount less 

12 than that amount specified as a minimum for an offense 

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

14 Act (21 U.S.C. 841(b)(1)(A)) or, in the case of any sub15 stance containing cocaine or cocaine base, in an amount 

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

17 prior written approval of the Attorney General. 

18 SEC. 4. MODIFICATION OF CERTAIN SENTENCING PROVI19 SIONS. 

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

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

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

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

24 and 


jbell on DSKJLSW7X2PROD with BILLS
8 

•HR 7194 IH

1 (3) by striking the sentence beginning ‘‘The im2 position or execution of a minimum sentence’’. 

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

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

5 (1) in paragraph (1)(A)— 

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

7 than 10 years and or more than’’ and inserting 

8 ‘‘for any term of years or for’’; 

9 (B) by striking ‘‘and if death or serious 

10 bodily injury results from the use of such sub11 stance shall not be less than 20 years or more 

12 than life’’; 

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

14 than 20 years and not more than life imprison15 ment and if death or serious bodily injury re16 sults from the use of such substance shall be 

17 sentenced to imprisonment for any term of 

18 years or for life imprisonment’’ and inserting 

19 ‘‘for any term of years or for life’’; 

20 (D) by striking the sentence beginning ‘‘If 

21 any person commits a violation of this subpara22 graph’’; and 

23 (E) by striking the sentence beginning 

24 ‘‘Notwithstanding any other provision of law’’ 


jbell on DSKJLSW7X2PROD with BILLS
9 

•HR 7194 IH

1 and the sentence beginning ‘‘No person sen2 tenced’’; 

3 (2) in paragraph (1)(B)— 

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

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

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

7 more than,’’ and inserting ‘‘for any term or 

8 years or for’’; 

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

10 than 10 years and not more than’’ and insert11 ing ‘‘for any term of years or for’’; 

12 (D) by inserting ‘‘imprisonment for any 

13 term of years or for’’ after ‘‘if death or serious 

14 bodily injury results from the use of such sub15 stance shall be sentenced to’’; and 

16 (E) by striking the sentence beginning 

17 ‘‘Notwithstanding any other provision of law’’ 

18 and the sentence beginning ‘‘No person sen19 tenced’’; and 

20 (3) in paragraph (1)(C), by striking ‘‘of not less 

21 than twenty years or more than life’’ and inserting 

22 ‘‘for any term of years or to life imprisonment’’. 

23 (c) SECTION 1010.—Section 1010(b) of the Con24 trolled Substances Import and Export Act (21 U.S.C. 

25 960(b)) is amended— 


jbell on DSKJLSW7X2PROD with BILLS
10 

•HR 7194 IH

1 (1) in paragraph (1)— 

2 (A) by striking ‘‘of not less than 10 years 

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

4 term of years or for’’; 

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

6 place it appears and all that follows through 

7 ‘‘20 years and not more than life’’ the first 

8 place it appears; 

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

10 and not more than life imprisonment’’ and in11 serting ‘‘for any term of years or for life’’; 

12 (D) by striking ‘‘and if death or serious 

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

15 and 

16 (E) by striking the sentence beginning 

17 ‘‘Notwithstanding any other provision of law’’ 

18 and the sentence beginning ‘‘No person sen19 tenced’’; 

20 (2) in paragraph (2)— 

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

22 and’’; 

23 (B) by striking ‘‘of not less than twenty 

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

25 any term of years or for’’; 


jbell on DSKJLSW7X2PROD with BILLS
11 

•HR 7194 IH

1 (C) by striking ‘‘of not less than 10 years 

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

3 term of years or to’’; 

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

5 bodily injury results from the use of such sub6 stance shall be sentenced to life imprisonment’’; 

7 and 

8 (E) by striking the sentence beginning 

9 ‘‘Notwithstanding any other provision of law’’ 

10 and the sentence beginning ‘‘No person sen11 tenced’’; and 

12 (3) in paragraph (3), by striking ‘‘of not less 

13 than twenty years and not more than life’’ and in14 serting ‘‘for any term or years or for life’’. 

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

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

17 the sentence beginning ‘‘Except to the extent’’ each place 

18 it appears and by striking the sentence beginning ‘‘The 

19 mandatory minimum’’. 

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

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

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

23 to the extent’’ each place it appears and by striking 

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

25 and 


jbell on DSKJLSW7X2PROD with BILLS
12 

•HR 7194 IH

1 (2) by striking subsection (d). 

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

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

4 (1) in each of subsections (b) and (c), by strik5 ing the sentence beginning ‘‘Except to the extent’’; 

6 (2) by striking subsection (e); and 

7 (3) in subsection (f), by striking ‘‘, (c), and (e)’’ 

8 and inserting ‘‘and (c)’’. 

Æ 


jbell on DSKJLSW7X2PROD with BILLS