(14) According to the U.S. Sentencing Commis-
sion, in fiscal year 2016, about 34.6 percent of 
women entering Federal prison did so for a drug of-
fense. Linking drug quantity with punishment sever-
ity has had a particularly profound impact on 
women, who are historically more likely to play pe-
ripheral roles in a drug enterprise than men. How-
ever, because prosecutors can attach drug quantities 
to an individual regardless of the level of a defend-
ant’s participation in the charged offense, women 
have been exposed to increasingly punitive sentences. 
(15) Low-level and mid-level drug offenders can 
be adequately prosecuted by the States and punished 
or supervised in treatment as appropriate. 
(16) Congress has an obligation to taxpayers to 
use sentencing policies that are cost-effective and in-
crease public safety, in addition to establishing a 
criminal justice system that is fair, efficient, and 
provides just sentences for offenders. Mandatory 
sentences have not been conclusively shown to re-
duce recidivism or deter crime. 
(17) The limited resources in the Federal crimi-
nal justice system should be used to protect society 
by incapacitating dangerous and violent offenders 
who pose a threat to public safety. 
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(18) The Federal judiciary has the expertise 
and is in the best position to sentence each offender 
and determine who should be sent to Federal prisons 
and the amount of time each offender should serve. 
SEC. 3. APPROVAL OF CERTAIN PROSECUTIONS BY ATTOR-
NEY GENERAL. 
A Federal prosecution for an offense under the Con-
trolled Substances Act, the Controlled Substances Import 
and Export Act, or for any conspiracy to commit such an 
offense, where the offense involves the illegal distribution 
or possession of a controlled substance in an amount less 
than that amount specified as a minimum for an offense 
under section 401(b)(1)(A) of the Controlled Substances 
Act (21 U.S.C. 841(b)(1)(A)) or, in the case of any sub-
stance containing cocaine or cocaine base, in an amount 
less than 500 grams, shall not be commenced without the 
prior written approval of the Attorney General. 
SEC. 4. MODIFICATION OF CERTAIN SENTENCING PROVI-
SIONS. 
(a) SECTION 404.—Section 404(a) of the Controlled 
Substances Act (21 U.S.C. 844(a)) is amended— 
(1) by striking ‘‘not less than 15 days but’’; 
(2) by striking ‘‘not less than 90 days but’’; 
and 
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(3) by striking the sentence beginning ‘‘The im-
position or execution of a minimum sentence’’. 
(b) SECTION 401.—Section 401(b) of the Controlled 
Substances Act (21 U.S.C. 841(b)) is amended— 
(1) in paragraph (1)(A)— 
(A) by striking ‘‘which may not be less 
than 10 years and or more than’’ and inserting 
‘‘for any term of years or for’’; 
(B) by striking ‘‘and if death or serious 
bodily injury results from the use of such sub-
stance shall not be less than 20 years or more 
than life’’; 
(C) by striking ‘‘which may not be less 
than 20 years and not more than life imprison-
ment and if death or serious bodily injury re-
sults from the use of such substance shall be 
sentenced to imprisonment for any term of 
years or for life imprisonment’’ and inserting 
‘‘for any term of years or for life’’; 
(D) by striking the sentence beginning ‘‘If 
any person commits a violation of this subpara-
graph’’; and 
(E) by striking the sentence beginning 
‘‘Notwithstanding any other provision of law’’ 
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and the sentence beginning ‘‘No person sen-
tenced’’; 
(2) in paragraph (1)(B)— 
(A) by striking ‘‘which may not be less 
than 5 years and’’ and inserting ‘‘for’’; 
(B) by striking ‘‘not less than 20 years or 
more than,’’ and inserting ‘‘for any term or 
years or for’’; 
(C) by striking ‘‘which may not be less 
than 10 years and not more than’’ and insert-
ing ‘‘for any term of years or for’’; 
(D) by inserting ‘‘imprisonment for any 
term of years or for’’ after ‘‘if death or serious 
bodily injury results from the use of such sub-
stance shall be sentenced to’’; and 
(E) by striking the sentence beginning 
‘‘Notwithstanding any other provision of law’’ 
and the sentence beginning ‘‘No person sen-
tenced’’; and 
(3) in paragraph (1)(C), by striking ‘‘of not less 
than twenty years or more than life’’ and inserting 
‘‘for any term of years or to life imprisonment’’. 
(c) SECTION 1010.—Section 1010(b) of the Con-
trolled Substances Import and Export Act (21 U.S.C. 
960(b)) is amended— 
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(1) in paragraph (1)— 
(A) by striking ‘‘of not less than 10 years 
and not more than’’ and inserting ‘‘for any 
term of years or for’’; 
(B) by striking ‘‘and if death’’ the first 
place it appears and all that follows through 
‘‘20 years and not more than life’’ the first 
place it appears; 
(C) by striking ‘‘of not less than 20 years 
and not more than life imprisonment’’ and in-
serting ‘‘for any term of years or for life’’; 
(D) by striking ‘‘and if death or serious 
bodily injury results from the use of such sub-
stance shall be sentenced to life imprisonment’’; 
and 
(E) by striking the sentence beginning 
‘‘Notwithstanding any other provision of law’’ 
and the sentence beginning ‘‘No person sen-
tenced’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘not less than 5 years 
and’’; 
(B) by striking ‘‘of not less than twenty 
years and not more than’’ and inserting ‘‘for 
any term of years or for’’; 
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(C) by striking ‘‘of not less than 10 years 
and not more than’’ and inserting ‘‘for any 
term of years or to’’; 
(D) by striking ‘‘and if death or serious 
bodily injury results from the use of such sub-
stance shall be sentenced to life imprisonment’’; 
and 
(E) by striking the sentence beginning 
‘‘Notwithstanding any other provision of law’’ 
and the sentence beginning ‘‘No person sen-
tenced’’; and 
(3) in paragraph (3), by striking ‘‘of not less 
than twenty years and not more than life’’ and in-
serting ‘‘for any term or years or for life’’. 
(d) SECTION 418.—Section 418 of the Controlled 
Substances Act (21 U.S.C. 859) is amended by striking 
the sentence beginning ‘‘Except to the extent’’ each place 
it appears and by striking the sentence beginning ‘‘The 
mandatory minimum’’. 
(e) SECTION 419.—Section 419 of the Controlled 
Substances Act (21 U.S.C. 860) is amended— 
(1) by striking the sentence beginning ‘‘Except 
to the extent’’ each place it appears and by striking 
the sentence beginning ‘‘The mandatory minimum’’; 
and 
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(2) by striking subsection (d). 
(f) SECTION 420.—Section 420 of the Controlled 
Substances Act (21 U.S.C. 861) is amended— 
(1) in each of subsections (b) and (c), by strik-
ing the sentence beginning ‘‘Except to the extent’’; 
(2) by striking subsection (e); and 
(3) in subsection (f), by striking ‘‘, (c), and (e)’’ 
and inserting ‘‘and (c)’’. 
Æ 
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