[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1241 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1241

 To amend the Controlled Substances Act and the Controlled Substances 
Import and Export Act to eliminate mandatory minimum penalties relating 
                       to crack cocaine offenses.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 23, 1999

  Ms. Waters introduced the following bill; which was referred to the 
    Committee 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 amend the Controlled Substances Act and the Controlled Substances 
Import and Export Act to eliminate mandatory minimum penalties relating 
                       to crack cocaine offenses.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Elimination of the Crack Cocaine 
Disparate Sentencing Act of 1999''.

SEC. 2. FINDINGS.

    (a) Findings.--The Congress makes the following findings:
            (1) Powder cocaine and crack cocaine are 2 forms of the 
        same drugs, containing the same active ingredients.
            (2) In 1986, before the mandatory minimums for crack 
        cocaine offenses became effective, the average Federal offense 
        for African Americans was 11 percent higher than whites. 
        Following the implementation of mandatory drug sentencing laws, 
        the average drug offense sentence for African Americans was 49 
        percent higher than whites.
            (3) Only 5 percent of Federal crack cocaine defendants are 
        high-level dealers.
            (4) 96 percent of Federal crack cocaine defendants are 
        African American or Hispanic.
            (5) Low-level crack cocaine dealers and first-time 
        offenders sentences for trafficking crack cocaine receive an 
        average sentence of 10 years and 6 months. This sentence is--
                    (A) only 18 percent less than the average sentence 
                served by those convicted of murder or manslaughter;
                    (B) 59 percent longer than the average prison 
                sentence received by convicted rapists; and
                    (C) 38 percent longer than the average prison 
                sentence received by those convicted of weapons 
                offenses;
            (6) African Americans comprise 12 percent of the United 
        States population, 15 percent of drug users, 17 percent of 
        cocaine users, but 55 percent of all Federal drug convictions; 
        and
            (7) 54 percent of African Americans convicted of drug 
        offenses get sentenced to prison versus 34 percent of whites 
        convicted for the same offenses. 44 percent of African 
        Americans get prison sentences for possession versus 29 percent 
        of whites; 60 percent of African Americans are sentenced to 
        prison for trafficking while 37 percent of whites are sentenced 
        to prison for that same crime.

SEC. 3. TRAFFICKING AMENDMENTS.

    (a) 50 Gram Penalty.--Section 501(b)(1)(A) of the Controlled 
Substances Act (21 U.S.C. 841(b)(1)(A)) is amended by striking clause 
(iii).
    (b) 5 Gram Penalty.--Section 401(b)(1)(B) of the Controlled 
Substances Act (21 U.S.C. 841(b)(1)(B)) is amended by striking clause 
(iii).

SEC. 4. POSSESSION AMENDMENT.

    Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) 
is amended by striking the sentence that begins ``Notwithstanding the 
preceding sentence''.

SEC. 5. IMPORTATION AMENDMENTS.

    (a) 50 Gram Penalty.--Section 1010(b)(1) of the Controlled 
Substances Import and Export Act (21 U.S.C. 960(b)(1)) is amended by 
striking subparagraph (C).
    (b) 5 Gram Penalty.--Section 1010(b)(2) of the Controlled 
Substances Import and Export Act (21 U.S.C. 960(b)(2)) is amended by 
striking subparagraph (C).

SEC. 6. SENTENCING COMMISSION TO AMEND GUIDELINES.

    Not later than 30 days after the date of the enactment of this Act, 
the United States Sentencing Commission shall promulgate such 
amendments to the Sentencing Guidelines as are necessary to conform 
those guidelines to the amendments made by this Act.
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