[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5035 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5035

 To amend the Controlled Substances Act and the Controlled Substances 
  Import and Export Act to eliminate increased penalties for cocaine 
   offenses where the cocaine involved is cocaine base, to eliminate 
minimum mandatory penalties for offenses involving cocaine, to use the 
resulting savings to provide drug treatment and diversion programs for 
                 cocaine users, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 17, 2008

 Mr. Scott of Virginia (for himself, Mr. Conyers, Mr. Nadler, Ms. Zoe 
Lofgren of California, Ms. Jackson-Lee of Texas, Ms. Waters, Mr. Cohen, 
 Mr. Johnson of Georgia, Mr. Gutierrez, Mr. Ellison, Ms. Corrine Brown 
of Florida, Mr. Davis of Illinois, Mr. Filner, Mr. Grijalva, Mr. Lewis 
     of Georgia, Ms. Norton, Mr. Payne, Mr. Rangel, and Mr. Stark) 
 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 increased penalties for cocaine 
   offenses where the cocaine involved is cocaine base, to eliminate 
minimum mandatory penalties for offenses involving cocaine, to use the 
resulting savings to provide drug treatment and diversion programs for 
                 cocaine users, 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 ``Fairness in Cocaine Sentencing Act 
of 2008''.

SEC. 2. ELIMINATION OF INCREASED PENALTIES FOR COCAINE OFFENSES WHERE 
              THE COCAINE INVOLVED IS COCAINE BASE.

    (a) Controlled Substances Act.--The following provisions of the 
Controlled Substances Act (21 U.S.C. 801 et seq.) are repealed:
            (1) Clause (iii) of section 401(b)(1)(A).
            (2) Clause (iii) of section 401(b)(1)(B).
            (3) The sentence beginning ``Notwithstanding the preceding 
        sentence'' in section 404(a).
    (b) Controlled Substances Import and Export Act.--The following 
provisions of the Controlled Substances Import and Export Act (21 
U.S.C. 951 et seq.) are repealed:
            (1) Subparagraph (C) of section 1010(b)(1).
            (2) Subparagraph (C) of section 1010(b)(2).

SEC. 3. REESTABLISHMENT OF POSSIBILITY OF PROBATIONARY SENTENCE.

    (a) Controlled Substances Act.--Section 401(b) of the Controlled 
Substances Act (21 U.S.C. 841(b)(1)) is amended--
            (1) in the penultimate sentence of subparagraph (A), by 
        inserting ``, other than under clause (ii)'' after ``any person 
        sentenced under this subparagraph''; and
            (2) in the final sentence of subparagraph (B), by inserting 
        ``, other than under clause (ii)'' after ``any person sentenced 
        under this subparagraph''.
    (b) Controlled Substances Import and Export Act.--Section 1010(b) 
of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) 
is amended in the penultimate sentence of each of paragraphs (1) and 
(2), by inserting ``, other than under subparagraph (B)'' after ``any 
person sentenced under this paragraph''.

SEC. 4. ELIMINATION OF MINIMUM MANDATORY IMPRISONMENT PENALTIES FOR 
              COCAINE OFFENSES.

    (a) Controlled Substances Act.--
            (1) Section 401(b)(1)(A) of the Controlled Substances Act 
        (21 U.S.C. 841(b)(1)(A)) is amended by adding at the end the 
        following: ``However, any minimum term of imprisonment 
        otherwise required under this subparagraph shall not apply to 
        an offense under clause (ii).''.
            (2) Section 401(b)(1)(B) of the Controlled Substances Act 
        (21 U.S.C. 841(b)(1)(B)) is amended by adding at the end the 
        following: ``However, any minimum term of imprisonment 
        otherwise required under this subparagraph shall not apply to 
        an offense under clause (ii).''.
    (b) Controlled Substances Import and Export Act.--
            (1) Section 1010(b)(1) of the Controlled Substances Import 
        and Export Act (21 U.S.C. 960(b)(1)) is amended by adding at 
        the end the following: ``However, any minimum term of 
        imprisonment otherwise required under this paragraph shall not 
        apply to an offense under subparagraph (B).''.
            (2) Section 1010(b)(2) of the Controlled Substances Import 
        and Export Act (21 U.S.C. 960(b)(2)) is amended by adding at 
        the end the following: ``However, any minimum term of 
        imprisonment otherwise required under this paragraph shall not 
        apply to an offense under subparagraph (B).''.

SEC. 5. AUTHORIZATION FOR FEDERAL DRUG COURT PROGRAM.

    There is authorized to be appropriated to the Administrative Office 
of the United States Courts $10,000,000 for each of fiscal years 2009 
through 2013 to provide pretrial diversion and post conviction drug 
courts at the Federal level for people charged with illegal use of 
controlled substances.

SEC. 6. REAUTHORIZATION OF DRUG COURTS GRANT PROGRAM.

    Section 1001(a)(25)(A) of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3793(a)(25)(A)) is amended to read as 
follows:
            ``(A) Except as provided in subparagraph (C), there are 
        authorized to be appropriated to carry out part EE $50,000,000 
        for each of the fiscal years 2009 through 2013.''.
                                 <all>