[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1874 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1874

To reduce the disparity in punishment between crack and powder cocaine 
 offenses, to more broadly focus the punishment for drug offenders on 
the seriousness of the offense and the culpability of the offender, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            December 20 (legislative day, December 18), 2001

Mr. Sessions (for himself and Mr. Hatch) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To reduce the disparity in punishment between crack and powder cocaine 
 offenses, to more broadly focus the punishment for drug offenders on 
the seriousness of the offense and the culpability of the offender, and 
                          for other purposes.

    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 ``Drug Sentencing 
Reform Act of 2001''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
TITLE I--REDUCTION OF DISPARITY IN SENTENCING BETWEEN CRACK AND POWDER 
                                COCAINE

Sec. 101. Reduction in disparity in sentencing between crack and powder 
                            cocaine.
Sec. 102. Sentencing guideline conforming changes and enhancements for 
                            acts of violence during the course of a 
                            drug trafficking offense.
  TITLE II--INCREASED EMPHASIS ON THE DEFENDANT'S ROLE IN THE OFFENSE

 Sec. 201. Increase in sentence for leadership role in drug offense.
 Sec. 202. Limit on sentence when defendant has lesser role in the 
                            offense.
 Sec. 203. Elderly, nonviolent prisoner pilot program.
 Sec. 204. Emergency amendment authority; effective date.

TITLE I--REDUCTION OF DISPARITY IN SENTENCING BETWEEN CRACK AND POWDER 
                                COCAINE

SEC. 101. REDUCTION IN DISPARITY IN SENTENCING BETWEEN CRACK AND POWDER 
              COCAINE.

    (a) Amendment of the Controlled Substances Act.--Section 401 of the 
Controlled Substances Act (21 U.S.C. 841) is amended as follows:
            (1) Ten-year mandatory minimum.--
                    (A) Decrease in amount of powder cocaine necessary 
                to trigger mandatory minimum.--In subsection 
                (b)(1)(A)(ii) by striking ``5 kilograms'' and inserting 
                ``4 kilograms''.
                    (B) Increase in amount of crack cocaine necessary 
                to trigger mandatory minimum.--In subsection 
                (b)(1)(A)(iii) by striking ``50 grams'' and inserting 
                ``200 grams''.
            (2) Five-year mandatory minimum.--
                    (A) Decrease in amount of powder cocaine necessary 
                to trigger mandatory minimum.--In subsection 
                (b)(1)(B)(ii) by striking ``500 grams'' and inserting 
                ``400 grams''.
                    (B) Increase in amount of crack cocaine necessary 
                to trigger mandatory minimum.--In subsection 
                (b)(1)(B)(iii) by striking ``5 grams'' and inserting 
                ``20 grams''.
    (b) Amendment of the Controlled Substances Import and Export Act.--
Section 1010 of the Controlled Substances Import and Export Act (21 
U.S.C. 960) is amended as follows:
            (1) Ten-year mandatory minimum.--
                    (A) Decrease in amount of powder cocaine necessary 
                to trigger mandatory minimum.--In subsection (b)(1)(B) 
                by striking ``5 kilograms'' and inserting ``4 
                kilograms''.
                    (B) Increase in amount of crack cocaine necessary 
                to trigger mandatory minimum.--In subsection (b)(1)(C) 
                by striking ``50 grams'' and inserting ``200 grams''.
            (2) Five-year mandatory minimum.--
                    (A) Decrease in amount of powder cocaine necessary 
                to trigger mandatory minimum.--In subsection (b)(2)(B) 
                by striking ``500 grams'' and inserting ``400 grams''.
                    (B) Increase in amount of crack cocaine necessary 
                to trigger mandatory minimum.--In subsection (b)(2)(C) 
                by striking ``5 grams'' and inserting ``20 grams''.
    (c) Conforming Change to Penalty for Possession.--Section 404(a) of 
the Controlled Substances Act (21 U.S.C. 844(a)) is amended in the 
fourth sentence by striking ``5 years'' and inserting ``1 year''.

 SEC. 102. SENTENCING GUIDELINE CONFORMING CHANGES AND ENHANCEMENTS FOR 
              ACTS OF VIOLENCE DURING THE COURSE OF A DRUG TRAFFICKING 
              OFFENSE.

    Pursuant to its authority under section 994 of title 28, United 
States Code, and in accordance with this section, the United States 
Sentencing Commission shall review and amend the Federal sentencing 
guidelines and policy statements to ensure--
            (1) that guideline offense levels based upon the quantity 
        of powder cocaine and crack cocaine are consistent with the 
        amendments made by section 101; and
            (2) that the guidelines provide an appropriate additional 
        penalty increase of from 2 to 8 levels if the defendant used 
violence, made a credible threat to use violence, directed the use or 
threatened use of violence, or possessed a firearm, or other dangerous 
weapon, during the course of a drug trafficking offense.

  TITLE II--INCREASED EMPHASIS ON THE DEFENDANT'S ROLE IN THE OFFENSE

 SEC. 201. INCREASE IN SENTENCE FOR LEADERSHIP ROLE IN DRUG OFFENSE.

    Pursuant to its authority under section 994 of title 28, United 
States Code, and in accordance with this section, the United States 
Sentencing Commission shall review and amend the Federal sentencing 
guidelines and policy statements to ensure an additional increase of at 
least 2 levels if--
            (1) the defendant, as an organizer, leader, manager, or 
        supervisor of drug trafficking activity, is subject to an 
        aggravating role enhancement under the guidelines; and
            (2) the offense involved 1 or more of the following super-
        aggravating factors--
                    (A) the defendant used another person to purchase, 
                sell, transport, or store controlled substances, used 
                impulse, fear, friendship, affection, or some 
                combination thereof to involve such person in the 
                offense, and such person had a minimum knowledge of the 
                illegal enterprise and was to receive little or no 
                compensation from the illegal transaction;
                    (B) the defendant maintained an establishment for 
                the manufacture or distribution of a controlled 
                substance, as generally described in section 406 of the 
                Controlled Substances Act (21 U.S.C. 856);
                    (C) the defendant distributed a controlled 
                substance to a person under age 18, a person over age 
                64, or a pregnant individual, or involved a person 
                under age 18, a person over age 64, or a pregnant 
                individual in drug trafficking;
                    (D) the defendant bribed, or attempted to bribe, a 
                Federal, State, or local law enforcement official in 
                connection with a drug trafficking offense;
                    (E) the defendant was involved in the importation 
                into the United States of a controlled substance; or
                    (F) the defendant committed the drug trafficking 
                offense as part of a pattern of criminal conduct 
                engaged in as a livelihood.

 SEC. 202. LIMIT ON SENTENCE WHEN DEFENDANT HAS LESSER ROLE IN THE 
              OFFENSE.

    Pursuant to its authority under section 994 of title 28, United 
States Code, and in accordance with this section, the United States 
Sentencing Commission shall review and amend, as appropriate, the 
Federal sentencing guidelines and policy statements to ensure that--
            (1) if the defendant is subject to a minimal role 
        adjustment under the guidelines, the base offense level based 
        solely on drug quantity shall not exceed level 32; and
            (2) if the defendant otherwise qualifies for a minimal role 
        adjustment under the guidelines and had a minimum knowledge of 
        the illegal enterprise, was to receive little or no 
        compensation from the illegal transaction, and acted on 
        impulse, fear, friendship, or affection when the defendant was 
        otherwise unlikely to commit such an offense, there shall be an 
        additional reduction of 2 offense levels.

SEC. 203. ELDERLY, NONVIOLENT PRISONER PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) Crime of violence.--The term ``crime of violence'' has 
        the same meaning given the term in section 16 of title 18, 
        United States Code.
            (2) Designated facility.--The term ``designated facility'' 
        means a Federal penitentiary designated by the Attorney General 
        as appropriate for the pilot program.
            (3) Director.--The term ``Director'' means the Director of 
        the Bureau of Prisons.
            (4) Eligible prisoner.--The term ``eligible prisoner'' 
        means a prisoner in the custody of the Bureau of Prisons who--
                    (A) is not less than 65 years of age;
                    (B) is serving a term of imprisonment after 
                conviction for an offense other than a crime of 
                violence and has served the greater of 10 years or one-
                half of the term of imprisonment;
                    (C) has not been convicted in the past of any 
                Federal or State crime of violence;
                    (D) has not been determined by the Bureau of 
                Prisons, on the basis of information the Bureau uses to 
                make custody classifications, and in the sole 
                discretion of the Bureau, to have a history of 
                violence;
                    (E) has not escaped, or attempted to escape, from 
                the Bureau of Prisons facility; and
                    (F) has not been determined by the Director, 
                pursuant to the disciplinary system of the Bureau of 
                Prisons, to have committed an infraction involving an 
                act of violence.
            (5) Home detention.--The term ``home detention'' has the 
        same meaning given the term in the Federal Sentencing 
        Guidelines, and includes detention in a nursing home or other 
        residential long-term care facility.
            (6) Pilot program.--The term ``pilot program'' means the 
        pilot program carried out in accordance with this section.
            (7) Term of imprisonment.--The term ``term of 
        imprisonment'' includes multiple terms of imprisonment ordered 
        to run consecutively or concurrently, which shall be treated as 
        a single, aggregate term of imprisonment for purposes of this 
        section.
    (b) Program Established.--
            (1) In general.--Notwithstanding section 3624 of title 18, 
        United States Code, or any other provision of law, the Director 
        shall carry out a pilot program at 1 or more designated 
        facilities, under which the Director shall, in accordance with 
        paragraph (2), place each prisoner who is determined to be an 
        eligible prisoner on home detention until the date on which the 
        term of imprisonment to which the prisoner was sentenced 
        expires.
            (2) Timing of release.--In carrying out the pilot program, 
        the Director shall place an eligible prisoner on home detention 
        under paragraph (1)--
                    (A) with respect to a prisoner who is determined to 
                be an eligible prisoner on or before the date that is 
                90 days after the date of enactment of this Act, not 
                later than 180 days after the date of enactment of this 
                Act; and
                    (B) with respect to a prisoner who is determined to 
                be an eligible prisoner after the date that is 90 days 
                after the date of enactment of this Act and before the 
                date that is 3 years and 91 days after such date of 
                enactment, not later than 90 days after the date of 
                such determination.
            (3) Violation of terms of home detention.--A violation of 
        the terms of the home detention, including the commission of 
        another Federal, State, or local crime, shall result in the 
        return of the prisoner to the prior custody of that prisoner.
    (c) Program Evaluation.--
            (1) In general.--The Director shall contract with an 
        independent organization to monitor and evaluate the progress 
        of each prisoner released under the pilot program during the 3-
        year period beginning on the date of such release.
            (2) Annual report.--The organization described in paragraph 
        (1) shall annually submit to the Director and to Congress a 
        report on the pilot program, which shall include--
                    (A) an evaluation of the effectiveness of the pilot 
                program in providing successful transition to eligible 
                prisoners from incarceration to the community, 
                including data relating to the recidivism rates for 
                those prisoners; and
                    (B) the cost savings to the Federal Government 
                resulting from the early removal of eligible prisoners 
                from incarceration.

SEC. 204. EMERGENCY AMENDMENT AUTHORITY; EFFECTIVE DATE.

    (a) Emergency Amendment Authority.--
            (1) In general.--The United States Sentencing Commission, 
        in its discretion, may--
                    (A) promulgate amendments pursuant to the 
                directives in this Act in accordance with the procedure 
                set forth in section 21(a) of the Sentencing Act of 
                1987 (Public Law 100-182), as though the authority 
                under that Act had not expired; and
                    (B) pursuant to the emergency authority provided in 
                paragraph (1), make such conforming amendments to the 
                Sentencing Guidelines as the Commission determines 
                necessary to achieve consistency with other guideline 
                provisions and applicable law.
            (2) Promulgation.--The Commission shall promulgate any 
        amendments under paragraph (1) promptly so that the amendments 
        take effect on the same date as the amendments made by this 
        Act.
    (b) Effective Date.--
            (1) In general.--The amendments made by this Act shall 
        apply to any offense committed on or after 180 days after the 
        date of enactment of this Act. There shall be no retroactive 
        application of any portion of this Act.
            (2) Applicability.--This subsection shall not apply to 
        section 203 of this Act.
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