[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2469 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2469

 To amend the Controlled Substances Act to enhance criminal penalties 
   for drug trafficking offenses relating to distribution of heroin, 
marihuana, and methamphetamine and distribution to and use of children, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2009

 Mr. Poe of Texas (for himself, Mr. Burton of Indiana, Mr. McCaul, Mr. 
   Coble, Mr. Chaffetz, Mr. Souder, and Mr. Gallegly) 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 amend the Controlled Substances Act to enhance criminal penalties 
   for drug trafficking offenses relating to distribution of heroin, 
marihuana, and methamphetamine and distribution to and use of children, 
                        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.

    This Act may be cited as the ``Drug Trafficking Elimination Act of 
2009''.

                     TITLE I--CRIMINAL ENHANCEMENTS

SEC. 101. CRIMINAL ENHANCEMENTS FOR UNLAWFUL MANUFACTURING, 
              DISTRIBUTING, DISPENSING, OR POSSESSING WITH INTENT TO 
              MANUFACTURE, DISTRIBUTE, OR POSSESS LARGE AMOUNTS OF 
              HEROIN, MARIHUANA, AND METHAMPHETAMINE.

    Section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 
841(b)(1)) is amended by adding at the end the following:
    ``(F) In the case of a violation of subsection (a) of this section 
involving--
            ``(i) more than 10 kilograms of a mixture or substance 
        containing a detectable amount of heroin;
            ``(ii) more than 10,000 kilograms of a mixture or substance 
        containing a detectable amount of marihuana, or more than 
        10,000 marihuana plants regardless of weight; or
            ``(iii) more than 500 grams of methamphetamine, its salts, 
        isomers, and salts of its isomers or more than 1.5 kilograms of 
        a mixture or substance containing a detectable amount of 
        methamphetamine, its salts, isomers, or salts of its isomers,
such person shall be subject to the same penalties as applicable under 
subparagraph (A) of this paragraph, except that such person shall be 
sentenced to a term of imprisonment which may not be less than 20 
years.''.

SEC. 102. CRIMINAL ENHANCEMENTS FOR UNLAWFUL IMPORTATION AND 
              EXPORTATION OF LARGE AMOUNTS OF HEROIN, MARIHUANA, AND 
              METHAMPHETAMINE.

    Section 1010(b) of the Controlled Substances Import and Export Act 
(21 U.S.C. 960(b)) is amended by adding at the end the following:
    ``(8) In the case of a violation of subsection (a) of this section 
involving--
            ``(A) more than 10 kilograms of a mixture or substance 
        containing a detectable amount of heroin;
            ``(B) more than 10,000 kilograms of a mixture or substance 
        containing a detectable amount of marihuana; or
            ``(C) more than 500 grams of methamphetamine, its salts, 
        isomers, and salts of its isomers or more than 1.5 kilograms of 
        a mixture or substance containing a detectable amount of 
        methamphetamine, its salts, isomers, or salts of its isomers,
the person committing such violation shall be subject to the same 
penalties as applicable under paragraph (1) of this subsection, except 
that such person shall be sentenced to a term of imprisonment which may 
not be less than 20 years.''.

SEC. 103. MANUFACTURING CONTROLLED SUBSTANCES ON FEDERAL PROPERTY.

    Section 401(b)(5) of the Controlled Substances Act (21 U.S.C. 
841(b)(5)) is amended to read as follows:
    ``(5) Manufacture or Cultivation on Federal Property.--Any person 
who violates subsection (a) of this section by manufacturing or 
cultivating a controlled substance on Federal property shall be 
imprisoned for a term of not more than 10 years, which shall be imposed 
consecutively and in addition to the penalty imposed under paragraph 
(1).''.

SEC. 104. USE OF HAZARDOUS SUBSTANCES ON FEDERAL LAND.

    Section 401(b)(6) of the Controlled Substances Act (21 U.S.C. 
841(b)(6)) is amended to read as follows:
    ``(6) Use of Hazardous Substances.--Any person who violates 
subsection (a) and knowingly uses a poison, chemical, or other 
hazardous substance on Federal land, and by such use--
            ``(A) creates a serious hazard to humans, wildlife, or 
        domestic animals;
            ``(B) degrades or harms the environment or natural 
        resources; or
            ``(C) pollutes an aquifer, spring, stream, river, or body 
        of water,
shall be imprisoned for a term of not more than 5 years, which shall be 
imposed consecutively and in addition to the penalty imposed under 
paragraphs (1) and (5).''.

SEC. 105. LISTED CHEMICALS.

    Section 401(c) of the Controlled Substances Act (21 U.S.C. 841(c)) 
is amended by striking ``20 years'' and ``10 years'' and inserting ``30 
years'' and ``20 years'', respectively.

SEC. 106. MURDER AND OTHER VIOLENT CRIMES RELATED TO DRUG TRAFFICKING, 
              AND DANGEROUS DRUG TRAFFICKING ORGANIZATIONS.

    (a) Murder and Other Violent Crimes Committed During and in 
Relation to a Drug Trafficking Crime.--Part D of the Controlled 
Substances Act (21 U.S.C. 841 et seq.) is amended by adding at the end 
the following new section:

``murder and other violent crimes committed during and in relation to a 
                         drug trafficking crime

    ``Sec. 424.  (a) In General.--Whoever commits, or conspires, or 
attempts to commit, a crime of violence during and in relation to a 
drug trafficking crime, shall, unless the death penalty is otherwise 
imposed, in addition and consecutive to the punishment provided for the 
drug trafficking crime and in addition to being subject to a fine under 
title 18, United States Code--
            ``(1) if the crime of violence results in the death of any 
        person, be sentenced to death or life in prison;
            ``(2) if the crime of violence is kidnapping, aggravated 
        sexual abuse, or maiming, be imprisoned for life or any term of 
        years not less than 30;
            ``(3) if the crime of violence is assault resulting in 
        serious bodily injury, be imprisoned for life or any term of 
        years not less than 20; and
            ``(4) in any other case, be imprisoned for life or for any 
        term of years not less than 10.
    ``(b) Venue.--A prosecution for a violation of this section may be 
brought in--
            ``(1) the judicial district in which the murder or other 
        crime of violence occurred; or
            ``(2) any judicial district in which the drug trafficking 
        crime may be prosecuted.
    ``(c) Definitions.--As used in this section--
            ``(1) the term `aggravated sexual abuse' means an offense 
        that, if committed in the special maritime and territorial 
        jurisdiction would be an offense under section 2241(a) of title 
        18, United States Code;
            ``(2) the term `crime of violence' has the meaning given 
        that term in section 16 of title 18, United States Code;
            ``(3) the term `drug trafficking crime' has the meaning 
        given that term in section 924(c)(2) of title 18, United States 
        Code; and
            ``(4) the term `serious bodily injury' has the meaning 
        given that term in section 1365 of title 18, United States 
        Code.''.
    (b) Dangerous Drug Trafficking Organizations.--Part D of such Act 
is further amended by adding after section 424, as added by subsection 
(a) of this section, the following new section:

               ``dangerous drug trafficking organizations

    ``Sec. 425.  (a) In General.--Any person who knowingly engages in a 
dangerous drug trafficking organization, as defined in subsection (b), 
shall be imprisoned for not less than 20 years nor more than life, 
fined in accordance with the provisions of title 18, United States 
Code, or both.
    ``(b) Dangerous Drug Trafficking Organization Defined.--For 
purposes of this section, the term `dangerous drug trafficking 
organization' means a formal or informal group, organization, or 
association of 5 or more individuals--
            ``(1) that has as one of its purposes the commission of one 
        or more drug trafficking crimes (as defined in section 
        924(c)(2) of title 18, United States Code);
            ``(2) one or more of the members of which commit or have 
        committed, in furtherance of such purpose--
                    ``(A) more than one violation of this part the 
                punishment of which is a felony; and
                    ``(B) 2 or more violations, in 2 or more separate 
                criminal episodes, of section 424; and
            ``(3) the activities of which involve at least 50 times the 
        quantity of a substance described in section 401(b)(1)(B).
    ``(c) Extraterritorial Jurisdiction.--There is jurisdiction over an 
offense under this section committed outside the United States if the 
individual committing the offense is a citizen of the United States or 
an alien lawfully admitted to the United States for permanent residence 
(as defined in section 101(a)(20) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(20))).''.
    (c) Clerical Amendment.--The table of contents for the 
Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended 
by inserting after the item relating to section 423 the following:

``Sec. 424. Murder and other violent crimes committed during and in 
                            relation to a drug trafficking crime.
``Sec. 425. Dangerous drug trafficking organizations.''.

          TITLE II--PROTECTING CHILDREN FROM DRUG TRAFFICKERS

SEC. 201. DISTRIBUTION TO PERSONS UNDER AGE 21 AND PREGNANT PERSONS.

    (a) In General.--Section 418 of the Controlled Substances Act (21 
U.S.C. 859) is amended to read as follows:

      ``distribution to persons under age 21 and pregnant persons

    ``Sec. 418.  (a) Distribution to Persons Under 21.--Except as 
provided in subsection (b), any person at least 18 years of age who 
violates section 401(a)(1) by distributing a controlled substance to a 
person under 21 years of age shall be sentenced to a term of 
imprisonment of not less than 3 years nor more than 10 years in 
addition and consecutive to any punishment under section 401(b). The 
mandatory minimum sentencing provisions of this subsection shall not 
apply to offenses involving 5 grams or less of marihuana.
    ``(b) Distribution to Pregnant Persons.--Except as authorized by 
this title, any person who knowingly provides or distributes any 
controlled substance to a pregnant individual in violation of any 
provision of this title shall be sentenced to a term of imprisonment of 
not less than 3 years nor more than 10 years in addition and 
consecutive to any punishment under section 401(b).
    ``(c) Second or Subsequent Offenses.--Any person at least 18 years 
of age who violates subsections (a) or (b) after a prior conviction 
under section 401(a) has become final shall be sentenced to a term of 
imprisonment of not less than 5 years nor more than 20 years in 
addition and consecutive to any punishment under section 401(b). 
Penalties for third and subsequent convictions shall be governed by 
section 401(b)(1)(A).''.
    (b) Clerical Amendment.--The item relating to section 418 in the 
table of contents for the Comprehensive Drug Abuse Prevention and 
Control Act of 1970 is amended to read as follows:

``Sec. 418. Distribution to persons under age 21 and pregnant 
                            persons.''.

SEC. 202. DISTRIBUTION IN OR NEAR SCHOOLS.

    Section 419 of the Controlled Substances Act (21 U.S.C. 860) is 
amended to read as follows:

                   ``distribution in or near schools

    ``Sec. 419.  (a) In General.--Except as provided by subsection (b), 
whoever violates section 401(a)(1) or section 416 by distributing, 
possessing with intent to distribute, or manufacturing a controlled 
substance in or on, or within one thousand feet of, the real property 
comprising a public or private elementary, vocational, or secondary 
school or a public or private college, junior college, or university, 
or a playground, or housing facility owned by a public housing 
authority, or within 100 feet of a public or private youth center, 
public swimming pool, or video arcade facility, shall be sentenced to a 
term of imprisonment of not less than 3 years nor more than 10 years in 
addition and consecutive to any punishment under section 401(b). The 
mandatory minimum sentencing provisions of this subsection shall not 
apply to offenses involving 5 grams or less of marihuana.
    ``(b) Second or Subsequent Offenses.--Whoever violates subsection 
(a) after a prior conviction under section 401(a) has become final 
shall be sentenced to a term of imprisonment of not less than 5 years 
nor more than 20 years in addition and consecutive to any punishment 
under section 401(b). Penalties for third and subsequent convictions 
shall be governed by section 401(b)(1)(A).
    ``(c) Definitions.--As used in this section--
            ``(1) the term `playground' means any outdoor facility 
        (including any parking lot appurtenant thereto) intended for 
        recreation, open to the public, and with any portion thereof 
        containing three or more separate apparatus intended for the 
        recreation of children including, but not limited to, sliding 
        boards, swingsets, and teeterboards;
            ``(2) the term `youth center' means any recreational 
        facility and/or gymnasium (including any parking lot 
        appurtenant thereto), intended primarily for use by persons 
        under 18 years of age, which regularly provides athletic, 
        civic, or cultural activities;
            ``(3) the term `video arcade facility' means any facility, 
        legally accessible to children, intended primarily for the use 
        of pinball and video machines for amusement containing a 
        minimum of ten machines that are either pinball or video 
        machines; and
            ``(4) the term `swimming pool' includes any parking lot 
        appurtenant thereto.''.

SEC. 203. EMPLOYMENT OR USE OF PERSONS UNDER 18 YEARS OF AGE IN DRUG 
              OPERATIONS.

    Section 420 of the Controlled Substances Act (21 U.S.C. 861) is 
amended to read as follows:

``employment or use of persons under 18 years of age in drug operations

    ``Sec. 420.  (a) Any person at least 18 years of age who 
knowingly--
            ``(1) employs, hires, uses, persuades, induces, entices, or 
        coerces, a person under 18 years of age to violate any 
        provision of this title or title III;
            ``(2) employs, hires, uses, persuades, induces, entices, or 
        coerces a person under 18 years of age to assist in avoiding 
        detection or apprehension, for any such violation, by any 
        Federal, State, or local law enforcement official; or
            ``(3) receives a controlled substance from a person under 
        18 years of age, other than an immediate family member, in 
        violation of this title or title III,
shall be sentenced to a term of imprisonment of not less than 3 years 
nor more than 10 years in addition and consecutive to any punishment 
under section 401(b).
    ``(b) Whoever violates subsection (a) after a prior conviction 
under section 401(a) has become final shall be sentenced to a term of 
imprisonment of not less than 5 years nor more than 20 years in 
addition and consecutive to any punishment under section 401(b). 
Penalties for third and subsequent convictions shall be governed by 
section 401(b)(1)(A).''.

SEC. 204. MAINTAINING DRUG-INVOLVED PREMISES IN RELATION TO INVOLVEMENT 
              OF CHILDREN.

    Section 416(b) of the Controlled Substances Act (21 U.S.C. 856(b)) 
is amended by inserting (1) before ``Any person'' and by adding the 
following new paragraph:
            ``(2) Any person who violates subsection (a) knowing that 
        the manufacture, distribution, storage, or use of any 
        controlled substance involves a person under the age of 18 
        shall be sentenced to a term of imprisonment of not less than 5 
        years nor more than 20 years.''.

SEC. 205. MODIFICATION OF SAFETY VALVE PROVISION.

    Section 3553(f) of title 18, United States Code, is amended--
            (1) in paragraph (4), by inserting ``and was not engaged in 
        a dangerous drug trafficking organization (as defined in 
        section 425 of the Controlled Substances Act)'' after ``section 
        408 of the Controlled Substances Act'';
            (2) by striking ``and'' at the end of paragraph (4);
            (3) by redesignating paragraph (5) as paragraph (6); and
            (4) by inserting after paragraph (4) the following:
            ``(5) no part of the offense or relevant conduct involved 
        manufacturing, possessing with intent to distribute, or 
        distributing any controlled substance in or near the presence 
        of a child or conduct constituting an offense under section 
        418, 419, or 420 of the Controlled Substances Act (21 U.S.C. 
        859, 860, or 861); and''.

       TITLE III--NATIONAL DRUG TRAFFICKING ENFORCEMENT STRATEGY

SEC. 301. NATIONAL ENFORCEMENT STRATEGY.

    (a) Development of Strategy.--The Attorney General, in consultation 
with the Secretary of Homeland Security, shall develop a National Drug 
Trafficking Enforcement Strategy.
    (b) Report.--Not later than February 1 of each year, the Attorney 
General shall submit to the Committees on the Judiciary of the Senate 
and the House of Representatives a report containing the following:
            (1) A description of the drug enforcement activities of the 
        Federal Bureau of Investigations, the Drug Enforcement Agency, 
        the Department of Homeland Security, and other Federal law 
        enforcement agencies, including international and domestic 
        enforcement strategies and coordination efforts among all law 
        enforcement agencies.
            (2) A description of the allocation of the resources of the 
        entities listed in paragraph (1) for the investigation and 
        prosecution of alleged violations of the Controlled Substances 
        Act (21 U.S.C. 801 et seq.), including violations involving 
        significant drug trafficking organizations.
            (3) A description of measures being taken to give priority 
        in the allocation of such resources described in paragraph (2) 
        to alleged violations involving--
                    (A) persons who have imported into the United 
                States substantial quantities of controlled substances; 
                and
                    (B) persons involved in violations that have 
                endangered children.
                                 <all>