[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5326 Introduced in House (IH)]







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 
    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 introduce common sense to America's policy regarding controlled 
                              substances.

    Be it enacted by the Senate and House of Representatives 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 TREATMENT 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 minimum 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 sentencing 
        discretion, but rather have transferred discretion 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 
        cooperation in the prosecution of someone else, and ultimately, 
        to determine 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 Federal cocaine convictions.
            (4) In 1986, before the mandatory minimums for crack 
        cocaine offenses became effective, the average 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 
        Americans 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 report, the 
        amount of time spent in prison does not affect recidivism 
        rates.

SEC. 102. APPROVAL OF CERTAIN PROSECUTIONS BY ATTORNEY GENERAL.

    A Federal prosecution for an offense under the Controlled 
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 substance 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 PROVISIONS.

    (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 imposition 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 imprisonment'' 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 bodily 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 subparagraph'';
                    (F) by striking the sentence beginning 
                ``Notwithstanding any other provision of law'' and the 
                sentence beginning ``No person sentenced'';
            (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 substance 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 results 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 Controlled 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 inserting ``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 substance shall be 
                sentenced to'';
                    (E) by striking the sentence beginning 
                ``Notwithstanding any other provision of law'' and the 
                sentence beginning ``No person sentenced'';
            (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 sentenced''; 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 authorized 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 accompanying 
                documentation, to the Attorney General that the State 
                has in effect policies that are monitored and enforced, 
                in jails and correctional facilities throughout the 
                State, that--
                            ``(i) restrict the role of male employees 
                        with women inmates;
                            ``(ii) prohibit male employees from 
                        supervising women inmates during showering and 
                        undressing;
                            ``(iii) prohibit male employees from 
                        conducting body searches, `thorough' pat 
                        searches, and frisks on women inmates except 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 employee 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 Attorney General 
                that jails and correctional facilities throughout the 
                State have--
                            ``(i) instituted programs designed to 
                        address prior victimization, drug and alcohol 
                        abuse, and high-risk drug and sexual behaviors 
                        of women inmates;
                            ``(ii) contracted with an outside 
                        correctional health care organization to 
                        regularly assess the status of women's health 
                        in correctional settings;
                            ``(iii) complied with national correctional 
                        health care standards for screening, 
                        classifying, and housing that ensure continuity 
                        of care for women inmates;
                            ``(iv) implemented programs for crisis 
                        intervention, suicide precaution, case 
                        management, and discharge planning for women 
                        inmates; and
                            ``(v) made a concerted effort to meet 
                        nationally established standards that ensure 
                        the basic level of health care services for 
                        women offenders; and
                    ``(E) provide documentation to the Attorney General 
                that the State corrections department has--
                            ``(i) conducted a needs assessment of 
                        minority health needs in correctional settings; 
                        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 FEDERAL 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 collaboration with the Secretary of Health and 
Human Services (acting through the Administrator of the Health 
Resources and Services Administration), shall carry out a program for 
the prevention and treatment of substance abuse among individuals who 
are in Federal penal or correctional 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 special 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 
        Department 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 details 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, indictment, or 
                otherwise.
                    (C) Plea.
                    (D) Trial.
                    (E) Disposition, whether conviction, acquittal, 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 effect a 
        requirement, which is binding on each criminal 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 individual 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 completed a 
        substance abuse rehabilitation program for any substance abuse 
        problems the person has; and
            ``(3) the convicted person has not been criminally 
        convicted for any conduct that occurred after the conviction 
        for which expungement is sought.''.
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