I
106TH CONGRESS
2D SESSION
H. R. 5326
To introduce common sense to America’s policy regarding controlled
substances.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 27, 2000
Ms. WATERS introduced the following bill; which was referred to the Com-
mittee 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 introduce common sense to America’s policy regarding
controlled substances.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Common Sense Drug Policy Act of 2000’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
TITLE I—MAJOR DRUG TRAFFICKING PROSECUTION
Sec. 101. Findings.
Sec. 102. Approval of certain prosecutions by Attorney General.
Sec. 103. Modification of certain sentencing provisions.
TITLE II—PROTECTION OF WOMEN IN PRISONS
Sec. 201. Protection of women inmates.
TITLE III—INCREASED FUNDING FOR PREVENTION AND TREAT-
MENT OF SUBSTANCE ABUSE IN FEDERAL PRISON SYSTEM
Sec. 301. Increased funding for prevention and treatment of substance abuse
in Federal prison system.
Sec. 302. Authorization of appropriations.
TITLE IV—PROSECUTORIAL DATA COLLECTION
Sec. 401. Federal data.
Sec. 402. State data.
TITLE V—CLEAN START
Sec. 501. Expungement.
TITLE I—MAJOR DRUG
TRAFFICKING PROSECUTION
SEC. 101. FINDINGS.
Congress makes the following findings:
(1) Since the enactment of mandatory min-
imum sentencing for drug users, the Federal Bureau
of Prisons budget has increased by more than 1,350
percent, from $220,000,000 in 1986 to about
$3,019,000,000 in 1997.
(2) Mandatory minimums have not reduced sen-
tencing discretion, but rather have transferred dis-
cretion from judges to prosecutors. Prosecutors, not
judges, have the discretion to drop or pursue a
charge, offer or withhold a plea bargain, reward or
deny a defendant’s substantial assistance or coopera-
tion in the prosecution of someone else, and ulti-
mately, to determine the final sentence of the de-
fendant.
(3) African Americans comprise 12 percent of
the United States population, 15 percent of drug
users, 17 percent of cocaine users, but 33 percent of
all Federal drug convictions and 57 percent of Fed-
eral cocaine convictions.
(4) In 1986, before the mandatory minimums
for crack cocaine offenses became effective, the aver-
age Federal prison sentence for African Americans
was 11 percent higher than for whites. Following the
implementation of mandatory drug sentencing laws,
the average drug offense sentence for African Ameri-
cans was 49 percent higher than whites.
(5) The average dealer holds a low-wage job
and sells part time to obtain drugs for his or her
own use.
(6) According to a 1999 Justice Department re-
port, the amount of time spent in prison does not af-
fect recidivism rates.
SEC. 102. APPROVAL OF CERTAIN PROSECUTIONS BY AT-
TORNEY 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. 103. 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 ‘‘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 or 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 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’’;
(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’’;
and
(3) in paragraph (1)(C)—
(A) by striking ‘‘of not less than twenty
years for more than’’ and inserting ‘‘for any
term of years or for’’;
(B) by inserting ‘‘imprisonment for any
term or years or to’’ after ‘‘not more than 30
years and if death or serious bodily injury re-
sults from the use of such substance shall be
sentenced to’’; and
(C) 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 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 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 the sentence beginning ‘‘No person sen-
tenced’’;
(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 striking ‘‘if death or serious bodily
injury results from the use of such substance
shall be sentenced to life imprisonment’’;
(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).—
(A) by striking ‘‘of not less than twenty
years and not more than’’ and inserting ‘‘for
any term of years or for’’;
(B) by inserting ‘‘imprisonment for any
term or years or to’’ after ‘‘30 years and if
death or serious bodily injury results from the
use of such substance shall be sentenced to’’;
and
(C) by striking the sentence beginning
‘‘Notwithstanding any other provision of law’’.
(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) in subsection (a), by striking the sentence
beginning ‘‘Except to the extent’’ and by striking
the sentence beginning ‘‘The mandatory minimum’’;
and
(2) in subsection (b)—
(A) by striking ‘‘by the greater of (A) a
term of imprisonment of not less than three
years and not more than life imprisonment or
(B) three times the maximum punishment au-
thorized by section 401(b) for a first offense’’
and inserting ‘‘by imprisonment for any term of
years or for life’’; and
(B)) by striking the sentence beginning
‘‘Except to the extent’’; and
(3) by striking subsection (d).
(f) SECTION 420.—Section 420 of the Controlled
Substances Act (21 U.S.C. 861) is amended—
(1) by striking the sentence beginning ‘‘Except
to the extent’’ each place it appears; and
(2) by striking subsection (e).
TITLE II—PROTECTION OF
WOMEN IN PRISONS
SEC. 201. PROTECTION OF WOMEN INMATES.
Section 20105(b)(1) of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 13705(b)(1))
is amended—
(1) in subparagraph (A), by striking ‘‘and’’
after the semicolon;
(2) in subparagraph (B), by striking the period
at the end and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(C) provide assurances, with accom-
panying documentation, to the Attorney Gen-
eral that the State has in effect policies that
are monitored and enforced, in jails and correc-
tional facilities throughout the State, that—
‘‘(i) restrict the role of male employ-
ees with women inmates;
‘‘(ii) prohibit male employees from su-
pervising women inmates during showering
and undressing;
‘‘(iii) prohibit male employees from
conducting body searches, ‘thorough’ pat
searches, and frisks on women inmates ex-
cept in the case of an emergency or in the
presence of a female employee;
‘‘(iv) address the health needs of
women inmates;
‘‘(v) prohibit the use of shackles or
other restraints on pregnant women unless
it is shown to be absolutely necessary;
‘‘(vi) provide additional protections to
women inmates who report violations of
this subparagraph to insulate them from
retaliatory acts;
‘‘(vii) 
impose 
disciplinary 
action
against a jail or correctional facility em-
ployee who violates the provisions of this
subparagraph; and
‘‘(viii) require that a male employee
who is found to have committed physical or
sexual misconduct against a woman inmate
is terminated;
‘‘(D) provide documentation to the Attor-
ney General that jails and correctional facilities
throughout the State have—
‘‘(i) instituted programs designed to
address prior victimization, drug and alco-
hol abuse, and high-risk drug and sexual
behaviors of women inmates;
‘‘(ii) contracted with an outside cor-
rectional health care organization to regu-
larly assess the status of women’s health in
correctional settings;
‘‘(iii) complied with national correc-
tional health care standards for screening,
classifying, and housing that ensure con-
tinuity of care for women inmates;
‘‘(iv) implemented programs for crisis
intervention, suicide precaution, case man-
agement, and discharge planning for
women inmates; and
‘‘(v) made a concerted effort to meet
nationally established standards that en-
sure the basic level of health care services
for women offenders; and
‘‘(E) provide documentation to the Attor-
ney General that the State corrections depart-
ment has—
‘‘(i) conducted a needs assessment of
minority health needs in correctional set-
tings; and
‘‘(ii) analyzed its health services to
women inmates and classified the health
and security risk of each woman inmate.’’.
TITLE III—INCREASED FUNDING
FOR 
PREVENTION 
AND
TREATMENT OF SUBSTANCE
ABUSE IN FEDERAL PRISON
SYSTEM
SEC. 301. INCREASED FUNDING FOR PREVENTION AND
TREATMENT OF SUBSTANCE ABUSE IN FED-
ERAL PRISON SYSTEM.
(a) IN GENERAL.—In carrying out section 4005 of
title 18, United States Code, the Attorney General (acting
through the Director of the Bureau of Prisons), in collabo-
ration with the Secretary of Health and Human Services
(acting through the Administrator of the Health Re-
sources and Services Administration), shall carry out a
program for the prevention and treatment of substance
abuse among individuals who are in Federal penal or cor-
rectional institutions and in the criminal custody of the
Attorney General.
(b) SPECIAL CONSIDERATION
IN PROVISION
OF
TREATMENT.—In providing treatment under subsection
(a), the officials specified in such subsection shall give spe-
cial consideration to individuals whose terms of criminal
custody are within 12 months of completion.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out section 1, there are
authorized to be appropriated $250,000,000 for fiscal year
2001, and such sums as may be necessary for each of the
fiscal years 2002 through 2005. Such authorization is in
addition to any other authorization of appropriations that
is available for such purpose.
TITLE IV—PROSECUTORIAL
DATA COLLECTION
SEC. 401. FEDERAL DATA.
(a) IN GENERAL.—
(1) REQUIREMENT.—The Attorney General
shall establish a requirement, which shall be binding
on each Federal criminal prosecutor, that the race,
ethnicity, and gender of each person charged with a
Federal criminal offense prosecuted by the Depart-
ment of Justice, and where there are victims of the
offense each victim, be reported at each stage of the
prosecution to the Attorney General. In any case in
which an individual is offered a plea bargain, the de-
tails of the plea bargain shall be included.
(2) DEFINITION.—As used in this subsection,
the term ‘‘each stage of the prosecution’’ means at
each of the following stages:
(A) Arraignment.
(B) Charge, whether by information, in-
dictment, or otherwise.
(C) Plea.
(D) Trial.
(E) Disposition, whether conviction, ac-
quittal, or otherwise.
(F) Any decision not to prosecute or to
discontinue prosecution or reduce charges.
(b) REPORT TO CONGRESS.—The Attorney General
shall report annually to Congress the information obtained
under subsection (a).
SEC. 402. STATE DATA.
(a) IN GENERAL.—Section 503(a) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3753(a)) is amended by adding at the end the following
new paragraph:
‘‘(13) A certification that the State has in ef-
fect a requirement, which is binding on each crimi-
nal prosecutor of that State, that the race, ethnicity,
and gender of each person charged with a criminal
offense of that State, and where there are victims of
the offense each victim, is to be reported at each
stage of the prosecution (as defined in section 2 of
the Prosecutorial Data Collection Act of 2000) to
the Attorney General. In any case in which an indi-
vidual is offered a plea bargain, the details of the
plea bargain shall be included.’’.
(b) REPORT TO CONGRESS.—The Attorney General
shall report annually to Congress the information obtained
pursuant to a requirement specified in section 503(a)(13)
of that Act (as added by subsection (a)).
TITLE V—CLEAN START
SEC. 501. EXPUNGEMENT.
(a) IN GENERAL.—Section 404 of the Controlled
Substances Act (21 U.S.C. 844) is amended by adding at
the end the following:
‘‘(d) A person who has been convicted of an offense
under this section may obtain an order of expungement
from the court in which the conviction took place if, upon
motion, the convicted person shows—
‘‘(1) the offense is an offense eligible for
expungement under this section that occurred 3
years or more before expungement is sought;
‘‘(2) the convicted person has successfully com-
pleted a substance abuse rehabilitation program for
any substance abuse problems the person has; and
‘‘(3) the convicted person has not been crimi-
nally convicted for any conduct that occurred after
the conviction for which expungement is sought.’’.
Æ