I

107TH CONGRESS

1ST SESSION H. R. 1978

To concentrate Federal resources aimed at the prosecution of drug offenses

on those offenses that are major.

IN THE HOUSE OF REPRESENTATIVES

MAY 23, 2001

Ms. WATERS (for herself, Ms. BROWN of Florida, Ms. CARSON of Indiana,

Mrs. CHRISTENSEN, Mr. CLAY, Mrs. CLAYTON, Mr. CONYERS, Mr.

CUMMINGS, Mr. FATTAH, Mr. FRANK, Mr. HASTINGS of Florida, Mr.

HINCHEY, Mr. JACKSON of Illinois, Mr. JEFFERSON, Ms. EDDIE BERNICE JOHNSON of Texas, Ms. KILPATRICK, Mr. MCGOVERN, Mr. MEEKS

of New York, Mrs. MINK of Hawaii, Ms. NORTON, Mr. OWENS, Mr.

PAYNE, Mr. RANGEL, Mr. RUSH, Mr. SCOTT, Mr. THOMPSON of Mississippi, Mrs. JONES of Ohio, Mr. WYNN, Ms. MCKINNEY, and Mr. WATT

of North Carolina) 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 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 2001’’.
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1 SEC. 2. FINDINGS.

2 Congress makes the following findings:

3 (1) Since the enactment of mandatory min4 imum sentencing for drug users, the Federal Bureau

5 of Prisons budget increased by more than 1,350 per6 cent, from $220,000,000 in 1986 to about

7 $3,019,000,000 in 1997.

8 (2) Mandatory minimums have not reduced sen9 tencing discretion, but rather have transferred dis10 cretion from judges to prosecutors. Prosecutors, not

11 judges, have the discretion to reduce a charge, ac12 cept or deny a plea bargain, reward or deny a de13 fendant’s substantial assistance or cooperation in the

14 prosecution of someone else, and ultimately, to de15 termine the final sentence of the defendant.

16 (3) African Americans comprise 12 percent of

17 the United States population, 15 percent of drug

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

19 all Federal drug convictions and 57 percent of Fed20 eral cocaine convictions.

21 (4) In 1986, before the mandatory minimums

22 for crack cocaine offenses became effective, the aver23 age Federal offense for African Americans was 11

24 percent higher than whites. Following the implemen25 tation of mandatory drug sentencing laws, the aver-
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1 age drug offense sentence for African Americans was

2 49 percent higher than whites.

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

4 and sells part time to obtain for his or her own use.

5 (6) According to the Justice Department, the

6 time spent in prison does not affect recidivism rates.

7 SEC. 3. APPROVAL OF CERTAIN PROSECUTIONS BY ATTOR8 NEY GENERAL.

9 A Federal prosecution for an offense under the Con10 trolled Substances Act, the Controlled Substances Import

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

12 offense, where the offense involves the illegal distribution

13 or possession of a controlled substance in an amount less

14 than that amount specified as a minimum for an offense

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

16 Act (21 U.S.C. 841(b)(1)(A)) or, in the case of any sub17 stance containing cocaine or cocaine base, in an amount

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

19 prior written approval of the Attorney General.

20 SEC. 4. MODIFICATION OF CERTAIN SENTENCING PROVI21 SIONS.

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

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

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

25 (2) by striking ‘‘not less than 90 days but’’;
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1 (3) by striking ‘‘not less than 5 years and’’; and

2 (4) by striking the sentence beginning ‘‘The im3 position or execution of a minimum sentence’’.

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

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

6 (1) in paragraph (1)(A)—

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

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

9 ‘‘for any term of years or for’’;

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

11 place it appears and all that follows through

12 ‘‘20 years or more than life’’ the first place it

13 appears;

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

15 than 20 years and not more than life imprison16 ment’’ and inserting ‘‘for any term of years or

17 for life’’;

18 (D) by inserting ‘‘imprisonment for any

19 term of years or’’ after ‘‘if death or serious bod20 ily injury results from the use of such substance

21 shall be sentenced to’’;

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

23 any person commits a violation of this subpara24 graph’’;
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1 (F) by striking the sentence beginning

2 ‘‘Notwithstanding any other provision of law’’

3 and the sentence beginning ‘‘No person sen4 tenced’’; and

5 (2) in paragraph (1)(B)—

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

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

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

9 more than’’ and inserting ‘‘for any term of

10 years or to’’;

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

12 than 10 years and more than’’ and inserting

13 ‘‘for any term of years or for’’;

14 (D) by inserting ‘‘imprisonment for any

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

16 bodily injury results from the use of such sub17 stance shall be sentenced to’’;

18 (E) by striking the sentence beginning

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

20 (c) SECTION 1010.—Section 1010(b) of the Con21 trolled Substances Import and Export Act (21 U.S.C.

22 960(b)) is amended—

23 (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 of 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

18 (2) in paragraph (2)—

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

20 and’’;

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

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

23 any term of 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 of years or to’’;

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

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

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

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

14 mandatory minimum’’.

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

16 Substances Act (21 U.S.C. 860) 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 (f) SECTION 420.—Section 420 of the Controlled

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

22 (1) by striking subsection (e); and

23 (2) in subsection (f), by striking ‘‘, (c), and (e)’’

24 and inserting ‘‘and (c)’’.

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