article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Trafficking Elimination Act of 2007''. 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 new subparagraph: ``(E) 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 new paragraph: ``(5) 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.
summary: Drug Trafficking Elimination Act of 2007 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to increase prison terms or impose mandatory minimum prison terms for: (1) manufacturing, distributing, dispensing, or possessing certain large amounts of heroin, marihuana, or methamphetamine; (2) importing or exporting such drugs; (3) manufacturing or cultivating a controlled substance on federal property; (4) using hazardous substances on federal land in connection with illegal drug activities; (5) possessing a listed chemical with intent to manufacture a controlled substance; (6) committing a crime of violence during and in relation to a drug trafficking crime; (7) engaging in a dangerous drug trafficking organization; (8) distributing controlled substances to persons under age 21 or to a pregnant person; (9) distributing controlled substances in or near schools; and (10) employing or involving persons under age 18 in illegal drug activities. Directs the Attorney General to develop a National Drug Trafficking Enforcement Strategy.