I

106TH CONGRESS

1ST SESSION H. R. 1681

To concentrate Federal resources aimed at the prosecution of drug offenses

on those offenses that are major.

IN THE HOUSE OF REPRESENTATIVES

MAY 4, 1999

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 concentrate Federal resources aimed at the prosecution

of drug offenses on those offenses that are major.

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 ‘‘Major Drug Traf5 ficking Prosecution Act of 1999’’.

6 SEC. 2. FINDINGS.

7 Congress makes the following findings:

8 (1) Since the enactment of mandatory min9 imum sentencing for drug users, the Federal Bureau
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1 of Prisons budget increased by more than 1,350 per2 cent, from $220,000,000 in 1986 to about

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

4 (2) Mandatory minimums have not reduced sen5 tencing discretion, but rather have transferred dis6 cretion from judges to prosecutors. Prosecutors, not

7 judges, have the discretion to reduce a charge, ac8 cept or deny a plea bargain, reward or deny a de9 fendant’s substantial assistance or cooperation in the

10 prosecution of someone else, and ultimately, to de11 termine the final sentence of the defendant.

12 (3) African Americans comprise 12 percent of

13 the United States population, 15 percent of drug

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

15 all Federal drug convictions and 57 percent of Fed16 eral cocaine convictions.

17 (4) In 1986, before the mandatory minimums

18 for crack cocaine offenses became effective, the aver19 age Federal offense for African Americans was 11

20 percent higher than whites. Following the implemen21 tation of mandatory drug sentencing laws, the aver22 age drug offense sentence for African Americans was

23 49 percent higher than whites.

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

25 and sells part time to obtain for his or her own use.
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1 (6) According to the Justice Department, the

2 time spent in prison does not affect recidivism rates.

3 SEC. 3. APPROVAL OF CERTAIN PROSECUTIONS BY ATTOR4 NEY GENERAL.

5 A Federal prosecution for an offense under the Con6 trolled Substances Act, the Controlled Substances Import

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

8 offense, where the offense involves the illegal distribution

9 or possession of a controlled substance in an amount less

10 than that amount specified as a minimum for an offense

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

12 Act (21 U.S.C. 841(b)(1)(A)) or, in the case of any sub13 stance containing cocaine or cocaine base, in an amount

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

15 prior written approval of the Attorney General.

16 SEC. 4. MODIFICATION OF CERTAIN SENTENCING PROVI17 SIONS.

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

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

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

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

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

23 (4) by striking the sentence beginning ‘‘No per24 son sentenced under’’.
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1 (b) SECTION 401.—Section 401(b) of the Controlled

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

3 (1) in paragraph (1)(A)—

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

5 than 10 years and not more than’’ and insert6 ing ‘‘for any term or years or for’’;

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

8 place it appears and all that follows through

9 ‘‘20 years or more than life’’ the first place it

10 appears;

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

12 than 20 years and not more than life imprison13 ment’’ and inserting ‘‘for any term or years or

14 for life’’;

15 (D) by inserting ‘‘imprisonment for any

16 term of years or’’ after ‘‘if death or serious bod17 ily injury results from the use of such substance

18 shall be sentenced to’’;

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

20 any person commits a violation of this subpara21 graph’’;

22 (F) by striking the sentence beginning

23 ‘‘Notwithstanding any other provision of law’’

24 and the sentence beginning ‘‘No person sen25 tenced’’; and
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1 (2) in paragraph (1)(B)—

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

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

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

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

6 years or to’’;

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

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

9 any term or years or for’’;

10 (D) by inserting ‘‘imprisonment for any

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

12 bodily injury results from the use of such sub13 stance shall be sentenced to’’;

14 (E) by striking the sentence beginning

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

16 (c) SECTION 1010.—Section 1010(b) of the Con17 trolled Substances Import and Export Act (21 U.S.C.

18 960(b)) is amended—

19 (1) in paragraph (1)—

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

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

22 term or years or for’’;

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

24 place it appears and all that follows through
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1 ‘‘20 years and not more than life’’ the first

2 place it appears;

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

4 and not more than life imprisonment’’ and in5 serting ‘‘for any term or years or for life’’;

6 (D) by inserting ‘‘imprisonment for any

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

8 bodily injury results from the use of such sub9 stance shall be sentenced to’’;

10 (E) by striking the sentence beginning

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

12 and

13 (2) in paragraph (2)—

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

15 and’’;

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

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

18 term or years or for’’;

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

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

21 term or years or to’’;

22 (D) by inserting ‘‘imprisonment for any

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

24 bodily injury results from the use of such sub25 stance shall be sentenced to’’;
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1 (E) by striking the sentence beginning

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

3 (d) SECTION 859.—Section 859 of the Controlled

4 Substances Act (21 U.S.C. 418) is amended by striking

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

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

7 mandatory minimum’’.

8 (e) SECTION 860.—Section 860 of the Controlled

9 Substances Act (21 U.S.C. 419) is amended by striking

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

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

12 mandatory minimum’’.

13 (f) SECTION 861.—Section 861 of the Controlled

14 Substances Act (21 U.S.C. 420) is amended by striking

15 subsection (e)’’.

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