,i #aacth ,,congress #ast ,session ,h4 ,r4 #cjhh ,,in ,,the ,,house ,,of ,,representatives ,september #ab1 #bjac ,ms4 ,waters 7for herself1 ,mr4 ,ellison1 ,mr4 ,lewis1 ,ms4 ,norton1 ,ms4 ,brown of ,florida1 ,mr4 ,rush1 ,mr4 ,crdenas1 ,mr4 ,carson of ,indiana1 ,mr4 ,cohen1 ,mr4 ,quigley1 ,mr4 ,payne1 and ,ms4 ,jackson ,lee7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 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 major4 #a4 ,short title ,this ,act may be cited as the ,major ,drug ,trafficking ,prosecution ,act of #bjac4 #b4 ,findings ,congress makes the following findings3 7#a7 ,mandatory minimum sentences are statutorily prescribed terms of imprisonment that automatically attach upon conviction of certain criminal conduct1 usually pertaining to drug or firearm offenses4 ,absent very narrow criteria for relief1 a sentencing judge is powerless to mandate a term of imprisonment below the mandatory minimum4 ,mandatory minimum sentences for drug offenses rely solely upon the weight of the substance as a proxy for the degree of involvement of a defendant's role4 7#b7 ,in the ,anti-,drug ,abuse ,act of #aihf1 and at the height of the public outcry over crack cocaine1 ,congress acted hastily1 without sufficient hearings1 and enacted hard line penalties that targeted low-level drug offenders4 ,these penalties included new1 long mandatory minimum sentences for such offenders4 7#c7 ,according to the ,bureau of ,prisons1 in #aihf1 when the new drug law containing lengthy mandatory minimum sentences passed1 the prison population was #cf1jjj4 ,today1 the ,federal prison population is over #bae1jjj prisoners1 up almost #fjj percent in #bf years4 7#d7 ,according to the ,bureau of ,prisons1 the cost to keep one prisoner in ,federal prison for one year is approximately #bf1jjj4 7#e7 ,according to the ,department of ,justice1 since the enactment of mandatory minimum sentencing for drug users1 the ,federal ,bureau of ,prisons budget increased from #iid million in #aihg to almost #f4b billion in #bjji4 7#f7 ,according to the ,u4,s4 ,sentencing ,commission1 between #aiie and #bjaj1 over #djj1jjj drug offenders were sentenced under ,federal law2 of these1 almost #bej1jjj 7#fa percent7 received mandatory minimum sentences4 7#g7 ,according to the ,u4,s4 ,sentencing ,commission1 drug offenders released from prison in #aihf who had been sentenced before the adoption of mandatory sentences and sentencing guidelines had served an average of #bb months in prison4 ,in #bjaj1 almost two-thirds of all drug offenders received a mandatory sentence1 with most receiving a #aj-year minimum4 ,most of these offenders are nonviolent or lower-level offenders with little or no criminal history3 in #bjaj1 #ea4f percent had few or no prior convictions1 #hc4f percent did not have weapons involved in their offense1 and only #f percent were considered leaders1 managers1 or supervisors of drug operations4 7#h7 ,mandatory minimum sentences have consistently been shown to have a disproportionate impact on ,african-,americans4 ,the ,united ,states ,sentencing ,commission1 in a #ae-year overview of the ,federal sentencing system1 concluded that mandatory penalty statutes are used inconsistently and disproportionately affect ,african-,american defendants4 ,african-,american drug defendants are #bj percent more likely to be sentenced to prison than ,white drug defendants4 7#i7 ,according to the ,u4,s4 ,sentencing ,commission1 between #aiid and #bjjc1 the average time served by ,african-,americans for a drug offense increased by #fb percent1 compared to a #ag percent increase among ,white drug defendants4 7#aj7 ,according to the ,substance ,abuse and ,mental ,health ,services ,administration1 government surveys document that drug use is roughly consistent across racial and ethnic groups4 ,while there is less data available regarding drug sellers1 research from the ,office of ,national ,drug ,control ,policy and the ,national ,institute of ,justice has found that drug users generally buy drugs from someone of their own racial or ethnic background4 ,but1 according to the ,u4,s4 ,sentencing ,commission1 over #gj percent of all ,federal narcotics offenders sentenced each year are ,african-,americans and ,hispanic ,americans1 many of whom are low-level offenders4 7#aa7 ,as a result of ,federal prosecutors' focus on low-level drug offenders1 the overwhelming majority of individuals subject to the heightened crack cocaine penalties are ,african-,american4 ,according to the ,u4,s4 ,sentencing ,commission's #bjjg ,report to ,congress on crack cocaine1 only #h4h percent of ,federal crack cocaine convictions were imposed on ,white ,americans1 while #ha4h percent and #h4d percent were imposed on ,african-,american and ,hispanics1 respectively4 7#ab7 ,according to the ,u4,s4 ,census1 ,african-,americans comprise #ab percent of the ,u4,s4 population and1 according to the ,substance ,abuse and ,mental ,health ,services ,administration1 about #aj percent of all drug users1 but almost #cj percent of all ,federal drug convictions according to the ,u4,s4 ,sentencing ,commission4 7#ac7 ,according to the ,u4,s4 ,sentencing ,commission1 ,african-,americans1 on average1 now serve almost as much time in ,federal prison for a drug offense 7#eh4g months7 as ,whites do for a violent offense 7#fa4g months74 7#ad7 ,according to the ,u4,s4 ,sentencing ,commission1 in #bjaj1 almost #cj percent of women entering ,federal prison did so for a drug offense4 ,linking drug quantity with punishment severity has had a particularly profound impact on women1 who are more likely to play peripheral roles in a drug enterprise than men4 ,however1 because prosecutors can attach drug quantities to an individual regardless of the level of a defendant's participation in the charged offense1 women have been exposed to increasingly punitive sentences to incarceration4 7#ae7 ,low-level and mid-level drug offenders can be adequately prosecuted by the ,states and punished or supervised in treatment as appropriate4 7#af7 ,the ,departments of ,justice1 ,treasury1 and ,homeland ,security are the agencies with the greatest capacity to investigate1 prosecute and dismantle the highest level of drug trafficking organizations4 ,low-level drug offender investigations and prosecutions divert ,federal personnel and resources from prosecuting high-level traffickers4 7#ag7 ,congress must have the most current information on the number of prosecutions of high-level and low-level drug offenders in order to properly reauthorize ,federal drug enforcement programs4 7#ah7 ,congress has an obligation to taxpayers to use sentencing policies that are cost-effective and increase public safety1 in addition to establishing a criminal justice system that is fair1 efficient and provides just sentences for offenders4 ,mandatory sentences have not been conclusively shown to reduce recidivism or deter crime4 7#ai7 ,prisons are important and expensive2 the limited resources in the ,federal criminal justice system should be used to protect society by incapacitating dangerous and violent offenders who pose a threat to public safety4 ,the ,federal judiciary has the expertise and is in the best position to sentence each offender and determine who should be sent to ,federal prisons and the amount of time each offender should serve4 #c4 ,approval of certain prosecutions by ,attorney ,general ,a ,federal prosecution for an offense under the ,controlled ,substances ,act1 the ,controlled ,substances ,import and ,export ,act1 or for any conspiracy to commit such an offense1 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 #dja7;b77#a77;,a7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;b77#a77;,a77 or1 in the case of any substance containing cocaine or cocaine base1 in an amount less than #ejj grams1 shall not be commenced without the prior written approval of the ,attorney ,general4 #d4 ,modification of certain sentencing provisions 7a7 ,section #djd ,section #djd7;a7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hdd7;a77 is amended-- 7#a7 by striking not less than #ae days but2 7#b7 by striking not less than #ij days but2 and 7#c7 by striking the sentence beginning ,the imposition or execution of a minimum sentence4 7b7 ,section #dja ,section #dja7;b7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;b77 is amended-- 7#a7 in paragraph 7#a77;,a7-- 7,a7 by striking which may not be less than #aj years and or more than and inserting for any term of years or for2 7,b7 by striking and if death the first place it appears and all that follows through #bj years or more than life the first place it appears2 7,c7 by striking which may not be less than #bj years and not more than life imprisonment and inserting for any term of years or for life2 7,d7 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 to2 7,e7 by striking the sentence beginning ,if any person commits a violation of this subparagraph2 and 7,f7 by striking the sentence beginning ,notwithstanding any other provision of law and the sentence beginning ,no person sentenced2 and 7#b7 in paragraph 7#a77;,b7-- 7,a7 by striking which may not be less than #e years and and inserting for2 7,b7 by striking not less than #bj years or more than and inserting for any term of years or to2 7,c7 by striking which may not be less than #aj years and more than and inserting for any term of years or for2 7,d7 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 to2 and 7,e7 by striking the sentence beginning ,notwithstanding any other provision of law4 7c7 ,section #ajaj ,section #ajaj7;b7 of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #ifj7;b77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking of not less than #aj years and not more than and inserting for any term of years or for2 7,b7 by striking and if death the first place it appears and all that follows through #bj years and not more than life the first place it appears2 7,c7 by striking of not less than #bj years and not more than life imprisonment and inserting for any term of years or for life2 7,d7 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 to2 and 7,e7 by striking the sentence beginning ,notwithstanding any other provision of law2 and 7#b7 in paragraph 7#b7-- 7,a7 by striking not less than #e years and2 7,b7 by striking of not less than twenty years and not more than and inserting for any term of years or for2 7,c7 by striking of not less than #aj years and not more than and inserting for any term of years or to2 7,d7 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 to2 and 7,e7 by striking the sentence beginning ,notwithstanding any other provision of law4 7d7 ,section #dah ,section #dah of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hei7 is amended by striking the sentence beginning ,except to the extent each place it appears and by striking the sentence beginning ,the mandatory minimum4 7e7 ,section #dai ,section #dai of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hfj7 is amended by striking the sentence beginning ,except to the extent each place it appears and by striking the sentence beginning ,the mandatory minimum4 7f7 ,section #dbj ,section #dbj of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hfa7 is amended-- 7#a7 in each of subsections 7b7 and 7c71 by striking the sentence beginning ,except to the extent2 7#b7 by striking subsection 7e72 and 7#c7 in subsection 7f71 by striking 1 7c71 and 7e7 and inserting and 7c74