I 

111TH CONGRESS 

1ST SESSION H. R. 265 

To target cocaine kingpins and address sentencing disparity between crack 

and powder cocaine. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2009 

Ms. JACKSON-LEE of Texas 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 target cocaine kingpins and address sentencing disparity 

between crack and powder cocaine. 

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 Sentencing Re5 form and Cocaine Kingpin Trafficking Act of 2009’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Cocaine base (commonly known as ‘‘crack 

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1 chloride (commonly known as ‘‘powder cocaine’’) in 

2 a solution of sodium bicarbonate (or a similar agent) 

3 and water. Therefore, crack and powder cocaine are 

4 simply different forms of the same substance and all 

5 crack cocaine originates as powder cocaine. 

6 (2) The physiological and psychotropic effects 

7 of cocaine are similar regardless of whether it is in 

8 the form of cocaine base (crack) or cocaine hydro9 chloride (powder). 

10 (3) One of the principal objectives of the Anti11 Drug Abuse Act of 1986, which established different 

12 mandatory minimum penalties for different drugs, 

13 was to target Federal law enforcement and prosecu14 torial resources on serious and major drug traf15 fickers. 

16 (4) In 1986, Congress linked mandatory min17 imum penalties to different drug quantities, which 

18 were intended to serve as proxies for identifying of19 fenders who were ‘‘serious’’ traffickers (managers of 

20 retail drug trafficking) and ‘‘major’’ traffickers 

21 (manufacturers or the kingpins who headed drug or22 ganizations). 

23 (5) Although drug purity and individual toler24 ance vary, making it difficult to state with specificity 

25 the individual dose of each form of cocaine, 5 grams 


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1 of powder cocaine generally equals 25 to 50 indi2 vidual doses and 500 grams of powder cocaine gen3 erally equals 2,500 to 5,000 individual doses, while 

4 5 grams of crack cocaine generally equals 10 to 50 

5 individual doses (or enough for a heavy user to con6 sume in one weekend) and 500 grams of crack co7 caine generally equals 100 to 500 individual doses. 

8 (6) In part because Congress believed that 

9 crack cocaine had unique properties that made it in10 stantly addictive, the Anti-Drug Abuse Act of 1986 

11 established an enormous disparity (a 100 to 1 pow12 der-to-crack ratio) in the quantities of powder and 

13 crack cocaine that trigger 5- and 10-year mandatory 

14 minimum sentences. This disparity permeates the 

15 Sentencing Guidelines. 

16 (7) Congress also based its decision to establish 

17 the 100 to 1 quantity ratio on the beliefs that— 

18 (A) crack cocaine distribution and use was 

19 associated with violent crime to a much greater 

20 extent than was powder cocaine; 

21 (B) prenatal exposure to crack cocaine was 

22 particularly devastating for children of crack 

23 users; 

24 (C) crack cocaine use was particularly 

25 prevalent among young people; and 


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1 (D) crack cocaine’s potency, low cost, and 

2 ease of distribution and use were fueling its 

3 widespread use. 

4 (8) As a result, it takes 100 times more powder 

5 cocaine than crack cocaine to trigger the 5- and 10- 

6 year mandatory minimum sentences. While it takes 

7 500 grams of powder cocaine to trigger the 5-year 

8 mandatory minimum sentence, it takes just 5 grams 

9 of crack cocaine to trigger that sentence. Similarly, 

10 while it takes 5 kilograms of powder cocaine to trig11 ger the 10-year mandatory minimum sentence, 50 

12 grams of crack cocaine will trigger the same sen13 tence. 

14 (9) Most of the assumptions on which the cur15 rent penalty structure was based have turned out to 

16 be unfounded. 

17 (10) Studies comparing usage of powder and 

18 crack cocaine have shown that there is little dif19 ference between the two forms of the drug and fun20 damentally undermine the current quantity-based 

21 sentencing disparity. More specifically, the studies 

22 have shown the following: 

23 (A) Both forms of cocaine cause identical 

24 effects, although crack is smoked, while powder 

25 cocaine is typically snorted. Epidemiological 


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1 data show that smoking a drug delivers it to 

2 the brain more rapidly, which increases likeli3 hood of addiction. Therefore, differences in the 

4 typical method of administration of the two 

5 forms of the drug, and not differences in the in6 herent properties of the two forms of the drug, 

7 make crack cocaine potentially more addictive 

8 to typical users than powder cocaine. Both 

9 forms of the drug are addictive, however, and 

10 the treatment protocol for the drug is the same 

11 regardless of the form of the drug the patient 

12 has used. 

13 (B) Violence committed by crack users is 

14 relatively rare, and overall violence has de15 creased for both powder and crack cocaine of16 fenses. Almost all crack-related violence is sys17 temic violence that occurs within the drug dis18 tribution process. Sentencing enhancements are 

19 better suited to punish associated violence, 

20 which are separate, pre-existing crimes in and 

21 of themselves. 

22 (C) The negative effects of prenatal expo23 sure to crack cocaine were vastly overstated. 

24 They are identical to the effects of prenatal ex25 posure to powder cocaine and do not serve as 


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1 a justification for the sentencing disparity be2 tween crack and powder. 

3 (D) Although Congress in the mid-1980s 

4 was understandably concerned that the low-cost 

5 and potency of crack cocaine would fuel an epi6 demic of use by minors, the epidemic of crack 

7 cocaine use by young people never materialized 

8 to the extent feared. In fact, in 2005, the rate 

9 of powder cocaine use among young adults was 

10 almost 7 times as high as the rate of crack co11 caine use. Furthermore, sentencing data sug12 gest that young people do not play a major role 

13 in crack cocaine trafficking at the Federal level. 

14 (E) The current 100 to 1 penalty structure 

15 undermines various congressional objectives set 

16 forth in the Anti-Drug Abuse Act of 1986. 

17 Data collected by the United States Sentencing 

18 Commission show that Federal resources have 

19 been targeted at offenders who are subject to 

20 the mandatory minimum sentences, which 

21 sweep in low-level crack cocaine users and deal22 ers. 

23 (11) In 1988, Congress set a mandatory min24 imum sentence for mere possession of crack cocaine, 

25 the only controlled substance for which there is a 


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1 mandatory minimum sentence for simple possession 

2 for a first-time offender. 

3 (12) Major drug traffickers and kingpins traffic 

4 in powder, not crack. 

5 (13) Contrary to Congress’s objective of focus6 ing Federal resources on drug kingpins, the majority 

7 of Federal powder and crack cocaine offenders are 

8 those who perform low level functions in the supply 

9 chain. 

10 (14) As a result of the low-level drug quantities 

11 that trigger lengthy mandatory minimum penalties 

12 for crack cocaine, the concentration of lower level 

13 Federal offenders is particularly pronounced among 

14 crack cocaine offenders, more than half of whom 

15 were street level dealers in 2005. 

16 (15) The Departments of Justice, Treasury, 

17 and Homeland Security are the agencies with the 

18 greatest capacity to investigate, prosecute, and dis19 mantle the highest level of drug trafficking organiza20 tions, but investigations and prosecutions of low21 level offenders divert Federal personnel and re22 sources from the prosecution of the highest-level 

23 traffickers, for which such agencies are best suited. 

24 (16) The unwarranted sentencing disparity not 

25 only overstates the relative harmfulness of the two 


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1 forms of the drug and diverts Federal resources 

2 from high-level drug traffickers, but it also dis3 proportionately affects the African-American com4 munity. According to the United States Sentencing 

5 Commission’s May 2007 Report, 82 percent of Fed6 eral crack cocaine offenders sentenced in 2006 were 

7 African-American, while 8 percent were Hispanic 

8 and 8 percent were White. 

9 (17) Only 13 States have sentencing laws that 

10 distinguish between powder and crack cocaine. 

11 SEC. 3. COCAINE SENTENCING DISPARITY ELIMINATION. 

12 (a) CSA.—Section 401(b)(1) of the Controlled Sub13 stances Act (21 U.S.C. 841(b)(1)) is amended— 

14 (1) in subparagraph (A)(iii), by striking ‘‘50 

15 grams’’ and inserting ‘‘5 kilograms’’; and 

16 (2) in subparagraph (B)(iii), by striking ‘‘5 

17 grams’’ and inserting ‘‘500 grams.’’ 

18 (b) IMPORT AND EXPORT ACT.—Section 1010(b) of 

19 the Controlled Substances Import and Export Act (21 

20 U.S.C. 960(b)) is amended— 

21 (1) in paragraph (1)(C), by striking ‘‘50 

22 grams’’ and inserting ‘‘5 kilograms’’; and 

23 (2) in paragraph (2)(C), by striking ‘‘5 grams’’ 

24 and inserting ‘‘500 grams’’. 


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1 SEC. 4. ELIMINATION OF MANDATORY MINIMUM FOR SIM2 PLE POSSESSION. 

3 Section 404(a) of the Controlled Substances Act (21 

4 U.S.C. 844(a)) is amended by striking the sentence begin5 ning ‘‘Notwithstanding the preceding sentence,’’. 

6 SEC. 5. INCREASED EMPHASIS ON CERTAIN AGGRAVATING 

7 AND MITIGATING FACTORS. 

8 Pursuant to its authority under section 994 of title 

9 28, United States Code, the United States Sentencing 

10 Commission shall review and, if appropriate, amend the 

11 sentencing guidelines to ensure that the penalties for an 

12 offense involving trafficking of a controlled substance— 

13 (1) provide tiered enhancements for the involve14 ment of a dangerous weapon or violence, including, 

15 if appropriate— 

16 (A) an enhancement for the use or 

17 brandishment of a dangerous weapon; 

18 (B) an enhancement for the use, or threat19 ened use, of violence; and 

20 (C) any other enhancement the Commis21 sion considers necessary; 

22 (2) adequately take into account the culpability 

23 of the defendant and the role of the defendant in the 

24 offense, including consideration of whether enhance25 ments should be added, either to the existing en26 hancements for aggravating role or otherwise, that 


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1 take into account aggravating factors associated 

2 with the offense, including— 

3 (A) whether the defendant committed the 

4 offense as part of a pattern of criminal conduct 

5 engaged in as a livelihood; 

6 (B) whether the defendant is an organizer 

7 or leader of drug trafficking activities involving 

8 five or more persons; 

9 (C) whether the defendant maintained an 

10 establishment for the manufacture or distribu11 tion of the controlled substance; 

12 (D) whether the defendant distributed a 

13 controlled substance to an individual under the 

14 age of 21 years of age or to a pregnant woman; 

15 (E) whether the defendant involved an in16 dividual under the age of 18 years or a preg17 nant woman in the offense; 

18 (F) whether the defendant manufactured 

19 or distributed the controlled substance in a lo20 cation described in section 409(a) or section 

21 419(a) of the Controlled Substances Act (21 

22 U.S.C. 849(a) or 860(a)); 

23 (G) whether the defendant bribed, or at24 tempted to bribe, a Federal, State, or local law 


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1 enforcement officer in connection with the of2 fense; 

3 (H) whether the defendant was involved in 

4 importation into the United States of a con5 trolled substance; 

6 (I) whether bodily injury or death occurred 

7 in connection with the offense; 

8 (J) whether the defendant committed the 

9 offense after previously being convicted of a fel10 ony controlled substances offense; and 

11 (K) any other factor the Commission con12 siders necessary; and 

13 (3) adequately take into account mitigating fac14 tors associated with the offense, including— 

15 (A) whether the defendant had minimum 

16 knowledge of the illegal enterprise; 

17 (B) whether the defendant received little or 

18 no compensation in connection with the offense; 

19 (C) whether the defendant acted on im20 pulse, fear, friendship, or affection when the de21 fendant was otherwise unlikely to commit such 

22 an offense; and 

23 (D) whether any maximum base offense 

24 level should be established for a defendant who 

25 qualifies for a mitigating role adjustment. 


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1 SEC. 6. OFFENDER DRUG TREATMENT INCENTIVE GRANTS. 

2 (a) GRANT PROGRAM AUTHORIZED.—The Attorney 

3 General shall carry out a grant program under which the 

4 Attorney General may make grants to States, units of 

5 local government, territories, and Indian tribes in an 

6 amount described in subsection (c) to improve the provi7 sion of drug treatment to offenders in prisons, jails, and 

8 juvenile facilities. 

9 (b) REQUIREMENTS FOR APPLICATION.— 

10 (1) IN GENERAL.—To be eligible to receive a 

11 grant under subsection (a) for a fiscal year, an enti12 ty described in such subsection shall, in addition to 

13 any other requirements specified by the Attorney 

14 General, submit to the Attorney General an applica15 tion that demonstrates that, with respect to offend16 ers in prisons, jails, and juvenile facilities who re17 quire drug treatment and who are in the custody of 

18 the jurisdiction involved, during the previous fiscal 

19 year that entity provided drug treatment meeting 

20 the standards established by the Single State Au21 thority for Substance Abuse (as that term is defined 

22 in section 7(e)) for the relevant State to a number 

23 of such offenders that is two times the number of 

24 such offenders to whom that entity provided drug 

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1 fore the fiscal year for which that entity seeks a 

2 grant. 

3 (2) OTHER REQUIREMENTS.—An application 

4 under this section shall be submitted in such form 

5 and manner and at such time as specified by the At6 torney General. 

7 (c) ALLOCATION OF GRANT AMOUNTS BASED ON

8 DRUG TREATMENT PERCENT DEMONSTRATED.—The At9 torney General shall allocate amounts under this section 

10 for a fiscal year based on the percent of offenders de11 scribed in subsection (b)(1) to whom an entity provided 

12 drug treatment in the previous fiscal year, as dem13 onstrated by that entity in its application under that sub14 section. 

15 (d) USES OF GRANTS.—A grant awarded to an entity 

16 under subsection (a) shall be used— 

17 (1) for continuing and improving drug treat18 ment programs provided at prisons, jails, and juve19 nile facilities of that entity; and 

20 (2) to strengthen rehabilitation efforts for of21 fenders by providing addiction recovery support serv22 ices, such as job training and placement, education, 

23 peer support, mentoring, and other similar services. 

24 (e) REPORTS.—An entity that receives a grant under 

25 subsection (a) during a fiscal year shall, not later than 


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1 the last day of the following fiscal year, submit to the At2 torney General a report that describes and assesses the 

3 uses of such grant. 

4 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated $10,000,000 to carry 

6 out this section for each of fiscal years 2009 and 2010. 

7 SEC. 7. GRANTS FOR DEMONSTRATION PROGRAMS TO RE8 DUCE DRUG USE SUBSTANCE ABUSERS. 

9 (a) AWARDS REQUIRED.—The Attorney General may 

10 make competitive grants to eligible partnerships, in ac11 cordance with this section, for the purpose of establishing 

12 demonstration programs to reduce the use of alcohol and 

13 other drugs by supervised substance abusers during the 

14 period in which each such substance abuser is in prison, 

15 jail, or a juvenile facility, and until the completion of pa16 role or court supervision of such abuser. 

17 (b) USE OF GRANT FUNDS.—A grant made under 

18 subsection (a) to an eligible partnership for a demonstra19 tion program, shall be used— 

20 (1) to support the efforts of the agencies, orga21 nizations, and researchers included in the eligible 

22 partnership, with respect to the program for which 

23 a grant is awarded under this section; 


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1 (2) to develop and implement a program for su2 pervised substance abusers during the period de3 scribed in subsection (a), which shall include— 

4 (A) alcohol and drug abuse assessments 

5 that— 

6 (i) are provided by a State-approved 

7 program; and 

8 (ii) provide adequate incentives for 

9 completion of a comprehensive alcohol or 

10 drug abuse treatment program, including 

11 through the use of graduated sanctions; 

12 and 

13 (B) coordinated and continuous delivery of 

14 drug treatment and case management services 

15 during such period; and 

16 (3) to provide addiction recovery support serv17 ices (such as job training and placement, peer sup18 port, mentoring, education, and other related serv19 ices) to strengthen rehabilitation efforts for sub20 stance abusers. 

21 (c) APPLICATION.—To be eligible for a grant under 

22 subsection (a) for a demonstration program, an eligible 

23 partnership shall submit to the Attorney General an appli24 cation that— 


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1 (1) identifies the role, and certifies the involve2 ment, of each agency, organization, or researcher in3 volved in such partnership, with respect to the pro4 gram; 

5 (2) includes a plan for using judicial or other 

6 criminal or juvenile justice authority to supervise the 

7 substance abusers who would participate in a dem8 onstration program under this section, including 

9 for— 

10 (A) administering drug tests for such 

11 abusers on a regular basis; and 

12 (B) swiftly and certainly imposing an es13 tablished set of graduated sanctions for non14 compliance with conditions for reentry into the 

15 community relating to drug abstinence (whether 

16 imposed as a pre-trial, probation, or parole con17 dition, or otherwise); 

18 (3) includes a plan to provide supervised sub19 stance abusers with coordinated and continuous 

20 services that are based on evidence-based strategies 

21 and that assist such abusers by providing such abus22 ers with— 

23 (A) drug treatment while in prison, jail, or 

24 a juvenile facility; 


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1 (B) continued treatment during the period 

2 in which each such substance abuser is in pris3 on, jail, or a juvenile facility, and until the com4 pletion of parole or court supervision of such 

5 abuser; 

6 (C) addiction recovery support services; 

7 (D) employment training and placement; 

8 (E) family-based therapies; 

9 (F) structured post-release housing and 

10 transitional housing, including housing for re11 covering substance abusers; and 

12 (G) other services coordinated by appro13 priate case management services; 

14 (4) includes a plan for coordinating the data in15 frastructures among the entities included in the eli16 gible partnership and between such entities and the 

17 providers of services under the demonstration pro18 gram involved (including providers of technical as19 sistance) to assist in monitoring and measuring the 

20 effectiveness of demonstration programs under this 

21 section; and 

22 (5) includes a plan to monitor and measure the 

23 number of substance abusers— 

24 (A) located in each community involved; 

25 and 


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1 (B) who improve the status of their em2 ployment, housing, health, and family life. 

3 (d) REPORTS TO CONGRESS.— 

4 (1) INTERIM REPORT.—Not later than Sep5 tember 30, 2009, the Attorney General shall submit 

6 to Congress a report that identifies the best prac7 tices relating to the comprehensive and coordinated 

8 treatment of substance abusers, including the best 

9 practices identified through the activities funded 

10 under this section. 

11 (2) FINAL REPORT.—Not later than September 

12 30, 2010, the Attorney General shall submit to Con13 gress a report on the demonstration programs fund14 ed under this section, including on the matters spec15 ified in paragraph (1). 

16 (e) DEFINITIONS.—In this section: 

17 (1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi18 ble partnership’’ means a partnership that in19 cludes— 

20 (A) the applicable Single State Authority 

21 for Substance Abuse; 

22 (B) the State, local, territorial, or tribal 

23 criminal or juvenile justice authority involved; 

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1 ness of treating long-term substance abusers 

2 during the period in which such abusers are 

3 under the supervision of the criminal or juvenile 

4 justice system involved; 

5 (D) community-based organizations that 

6 provide drug treatment, related recovery serv7 ices, job training and placement, educational 

8 services, housing assistance, mentoring, or med9 ical services; and 

10 (E) Federal agencies (such as the Drug 

11 Enforcement Agency, the Bureau of Alcohol, 

12 Tobacco, Firearms, and Explosives, and the of13 fice of a United States attorney). 

14 (2) SUBSTANCE ABUSER.—The term ‘‘sub15 stance abuser’’ means an individual who— 

16 (A) is in a prison, jail, or juvenile facility; 

17 (B) has abused illegal drugs or alcohol for 

18 a number of years; and 

19 (C) is scheduled to be released from pris20 on, jail, or a juvenile facility during the 24- 

21 month period beginning on the date the rel22 evant application is submitted under subsection 

23 (c). 

24 (3) SINGLE STATE AUTHORITY FOR SUBSTANCE

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1 stance Abuse’’ means an entity designated by the 

2 Governor or chief executive officer of a State as the 

3 single State administrative authority responsible for 

4 the planning, development, implementation, moni5 toring, regulation, and evaluation of substance abuse 

6 services in that State. 

7 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to carry out this section 

9 $5,000,000 for each of fiscal years 2009 and 2010. 

10 SEC. 8. EMERGENCY AUTHORITY FOR UNITED STATES SEN11 TENCING COMMISSION. 

12 (a) IN GENERAL.—The United States Sentencing 

13 Commission, in its discretion, may— 

14 (1) promulgate amendments pursuant to the di15 rectives in this Act in accordance with the procedure 

16 set forth in section 21(a) of the Sentencing Act of 

17 1987 (Public Law 100–182), as though the author18 ity under that Act had not expired; and 

19 (2) pursuant to the emergency authority pro20 vided in paragraph (1), make such conforming 

21 amendments to the Sentencing Guidelines as the 

22 Commission determines necessary to achieve consist23 ency with other guideline provisions and applicable 

24 law. 


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1 (b) PROMULGATION.—The Commission shall promul2 gate any amendments under subsection (a) promptly so 

3 that the amendments take effect on the same date as the 

4 amendments made by this Act. 

5 SEC. 9. INCREASED PENALTIES FOR MAJOR DRUG TRAF6 FICKERS. 

7 (a) INCREASED PENALTIES FOR MANUFACTURE, 

8 DISTRIBUTION, DISPENSATION, OR POSSESSION WITH IN9 TENT TO MANUFACTURE, DISTRIBUTE, OR DISPENSE.— 

10 Section 401(b)(1) of the Controlled Substances Act (21 

11 U.S.C. 841(b)) is amended— 

12 (1) in subparagraph (A), by striking 

13 ‘‘$4,000,000’’, ‘‘$10,000,000’’, ‘‘$8,000,000’’, and 

14 ‘‘$20,000,000’’ and inserting ‘‘$10,000,000’’, 

15 ‘‘$50,000,000’’, ‘‘$20,000,000’’, and ‘‘$75,000,000’’, 

16 respectively; and 

17 (2) in subparagraph (B), by striking 

18 ‘‘$2,000,000’’, ‘‘$5,000,000’’, ‘‘$4,000,000’’, and 

19 ‘‘$10,000,000’’ and inserting ‘‘$5,000,000’’, 

20 ‘‘$25,000,000’’, ‘‘$8,000,000’’, and ‘‘$50,000,000’’, 

21 respectively. 

22 (b) INCREASED PENALTIES FOR IMPORTATION AND

23 EXPORTATION.—Section 1010(b) of the Controlled Sub24 stances Import and Export Act (21 U.S.C. 960(b)) is 

25 amended— 


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1 (1) in paragraph (1), by striking ‘‘$4,000,000’’, 

2 ‘‘$10,000,000’’, ‘‘$8,000,000’’, and ‘‘$20,000,000’’ 

3 and inserting ‘‘$10,000,000’’, ‘‘$50,000,000’’, 

4 ‘‘$20,000,000’’, and ‘‘$75,000,000’’, respectively, 

5 and 

6 (2) in paragraph (2), by striking ‘‘$2,000,000’’, 

7 ‘‘$5,000,000’’, ‘‘$4,000,000’’, and ‘‘$10,000,000’’ 

8 and inserting ‘‘$5,000,000’’, ‘‘$25,000,000’’, 

9 ‘‘$8,000,000’’, and ‘‘$50,000,000’’, respectively. 

10 SEC. 10. AUTHORIZATION OF APPROPRIATIONS AND RE11 QUIRED REPORT. 

12 (a) AUTHORIZATION OF APPROPRIATIONS FOR DE13 PARTMENT OF JUSTICE.—There is authorized to be ap14 propriated to the Department of Justice not more than 

15 $36,000,000 for each of the fiscal years 2009 and 2010 

16 for the prosecution of high-level drug offenses, of which— 

17 (1) $15,000,000 is for salaries and expenses of 

18 the Drug Enforcement Administration; 

19 (2) $15,000,000 is for salaries and expenses for 

20 the Offices of United States Attorneys; 

21 (3) $4,000,000 each year is for salaries and ex22 penses for the Criminal Division; and 

23 (4) $2,000,000 is for salaries and expenses for 

24 the Office of the Attorney General for the manage25 ment of such prosecutions. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS FOR DE2 PARTMENT OF TREASURY.—There is authorized to be ap3 propriated to the Department of the Treasury for salaries 

4 and expenses of the Financial Crime Enforcement Net5 work (FINCEN) not more than $10,000,000 for each of 

6 fiscal years 2009 and 2010 in support of the prosecution 

7 of high-level drug offenses. 

8 (c) AUTHORIZATION OF APPROPRIATIONS FOR DE9 PARTMENT OF HOMELAND SECURITY.—There is author10 ized to be appropriated for the Department of Homeland 

11 Security not more than $10,000,000 for each of fiscal 

12 years 2009 and 2010 for salaries and expenses in support 

13 of the prosecution of high-level drug offenses. 

14 (d) ADDITIONAL FUNDS.—Amounts authorized to be 

15 appropriated under this section shall be in addition to 

16 amounts otherwise available for, or in support of, the pros17 ecution of high-level drug offenses. 

18 (e) REPORT OF COMPTROLLER GENERAL.—Not later 

19 than 180 days after the end of each of fiscal years 2009 

20 and 2010, the Comptroller General shall submit to the 

21 Committees on the Judiciary and the Committees on Ap22 propriations of the Senate and House of Representatives 

23 a report containing information on the actual uses made 

24 of the funds appropriated pursuant to the authorization 

25 of this section. 


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1 SEC. 11. EFFECTIVE DATE. 

2 The amendments made by this Act shall apply to any 

3 offense committed on or after 180 days after the date of 

4 enactment of this Act. There shall be no retroactive appli5 cation of any portion of this Act. 

Æ 


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