(6) According to the Justice Department, the
time spent in prison does not affect recidivism rates.
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 of the Controlled
Substances Act (21 U.S.C. 844) is amended—
(1) by striking ‘‘not less than 15 days but’’;
(2) by striking ‘‘not less than 90 days but’’;
(3) by striking ‘‘not less than 5 years and’’ and
(4) by striking the sentence beginning ‘‘No per-
son sentenced under’’.
(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 not more than’’ and insert-
ing ‘‘for any term or years or for’’;
(B) by striking ‘‘and if death’’ the first
place it appears and all that follows through
‘‘20 years or more than life’’ the first place it
appears;
(C) by striking ‘‘which may not be less
than 20 years and not more than life imprison-
ment’’ and inserting ‘‘for any term or years or
for life’’;
(D) by inserting ‘‘imprisonment for any
term of years or’’ after ‘‘if death or serious bod-
ily injury results from the use of such substance
shall be sentenced to’’;
(E) by striking the sentence beginning ‘‘If
any person commits a violation of this subpara-
graph’’;
(F) by striking the sentence beginning
‘‘Notwithstanding any other provision of law’’
and the sentence beginning ‘‘No person sen-
tenced’’; and
(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 to’’;
(C) by striking ‘‘which may not be less
than 10 years or more than’’ and inserting ‘‘for
any term or years or for’’;
(D) by inserting ‘‘imprisonment for any
term of years or to’’ after ‘‘if death or serious
bodily injury results from the use of such sub-
stance shall be sentenced to’’;
(E) by striking the sentence beginning
‘‘Notwithstanding any other provision of law’’.
(c) SECTION 1010.—Section 1010(b) of the Con-
trolled Substances Import and Export Act (21 U.S.C.
960(b)) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘of not less than 10 years
and not more than’’ and inserting ‘‘for any
term or 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 or years or for life’’;
(D) by inserting ‘‘imprisonment for any
term of years or to’’ after ‘‘if death or serious
bodily injury results from the use of such sub-
stance shall be sentenced to’’;
(E) by striking the sentence beginning
‘‘Notwithstanding any other provision of law’’;
and
(2) in paragraph (2)—
(A) by striking ‘‘not less than 5 years
and’’;
(B) by striking ‘‘not less than twenty years
and not more than’’ and inserting ‘‘for any
term or years or for’’;
(C) by striking ‘‘of not less than 10 years
and not more than’’ and inserting ‘‘for any
term or years or to’’;
(D) by inserting ‘‘imprisonment for any
term of years or to’’ after ‘‘if death or serious
bodily injury results from the use of such sub-
stance shall be sentenced to’’;
(E) by striking the sentence beginning
‘‘Notwithstanding any other provision of law’’.
(d) SECTION 859.—Section 859 of the Controlled
Substances Act (21 U.S.C. 418) 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 860.—Section 860 of the Controlled
Substances Act (21 U.S.C. 419) is amended by striking
the sentence beginning ‘‘Except to the extent’’ each place
it appears and by striking the sentence beginning ‘‘The
mandatory minimum’’.
(f) SECTION 861.—Section 861 of the Controlled
Substances Act (21 U.S.C. 420) is amended by striking
subsection (e)’’.
Æ