[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1435 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1435

 To amend the Controlled Substances Act and the Controlled Substances 
Import and Export Act to eliminate certain mandatory minimum penalties 
                  relating to crack cocaine offenses.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 25, 2003

  Mr. Rangel 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 and the Controlled Substances 
Import and Export Act to eliminate certain mandatory minimum penalties 
                  relating to crack cocaine offenses.

    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 ``Crack-Cocaine Equitable Sentencing 
Act of 2003''.

SEC. 2. TRAFFICKING AMENDMENTS.

    (a) 50 Gram Penalty.--Section 401(b)(1)(A) of the Controlled 
Substances Act (21 U.S.C. 841(b)(1)(A)) is amended by striking clause 
(iii).
    (b) 5 Gram Penalty.--Section 401(b)(1)(B) of the Controlled 
Substances Act (21 U.S.C. 841(b)(1)(B)) is amended by striking clause 
(iii).

SEC. 3. POSSESSION AMENDMENT.

     Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) 
is amended by striking the sentence that begins ``Notwithstanding the 
preceding sentence''.

SEC. 4. IMPORTATION AMENDMENTS.

    (a) 50 Gram Penalty.--Section 1010(b)(1) of the Controlled 
Substances Import and Export Act (21 U.S.C. 960(b)(1)) is amended by 
striking out subparagraph (C).
    (b) 5 Gram Penalty.--Section 1010(b)(2) of the Controlled 
Substances Import and Export Act (21 U.S.C. 960(b)(2)) is amended by 
striking out subparagraph (C).

SEC. 5. SENTENCING COMMISSION TO AMEND GUIDELINES.

     Not later than 30 days after the date of the enactment of this 
Act, the United States Sentencing Commission shall promulgate such 
amendments to the Sentencing Guidelines as are necessary to conform 
those Guidelines to the amendments made by this Act.
                                 <all>