[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1978 Introduced in House (IH)]







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 Bernice 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 Mississippi, 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 Energy 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Major Drug Trafficking Prosecution 
Act of 2001''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Since the enactment of mandatory minimum sentencing for 
        drug users, the Federal Bureau of Prisons budget 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 
        reduce a charge, accept or deny 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 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.
            (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 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. 4. MODIFICATION OF CERTAIN SENTENCING PROVISIONS.

    (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 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 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 imprisonment'' 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 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''; 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 substance shall be 
                sentenced to'';
                    (E) 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 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 substance 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 substance 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)''.
                                 <all>