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 BER-
NICE 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 Mis-
sissippi, 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 En-
ergy 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Major Drug Traf-
ficking Prosecution Act of 2001’’.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Since the enactment of mandatory min-
imum sentencing for drug users, the Federal Bureau
of Prisons budget increased by more than 1,350 per-
cent, 
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 reduce a charge, ac-
cept or deny a plea bargain, reward or deny a de-
fendant’s substantial assistance or cooperation in the
prosecution of someone else, and ultimately, to de-
termine the final sentence of the defendant.
(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 offense for African Americans was 11
percent higher than whites. Following the implemen-
tation of mandatory drug sentencing laws, the aver-
age drug offense sentence for African Americans was
49 percent higher than whites.
(5) The average dealer holds a low-wage job
and sells part time to obtain for his or her own use.
(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(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’’;
(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 and or 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 of 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 of
years or to’’;
(C) by striking ‘‘which may not be less
than 10 years and more than’’ and inserting
‘‘for any term of 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 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 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 ‘‘of not less than twenty
years and not more than’’ and inserting ‘‘for
any term of years or for’’;
(C) by striking ‘‘of not less than 10 years
and not more than’’ and inserting ‘‘for any
term of 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 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 by striking
the sentence beginning ‘‘Except to the extent’’ each place
it appears and by striking the sentence beginning ‘‘The
mandatory minimum’’.
(f) SECTION 420.—Section 420 of the Controlled
Substances Act (21 U.S.C. 861) is amended—
(1) by striking subsection (e); and
(2) in subsection (f), by striking ‘‘, (c), and (e)’’
and inserting ‘‘and (c)’’.
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