I 111th CONGRESS 1st Session H. R. 1459 IN THE HOUSE OF REPRESENTATIVES March 12, 2009 Mr. Scott of Virginia (for himself, Mr. Conyers, Ms. Jackson-Lee of Texas, Mr. Nadler of New York, Ms. Waters, Mr. Lewis of Georgia, Mr. Davis of Illinois, Mr. Ellison, Mr. Johnson of Georgia, Mr. Grijalva, Mr. Payne, Mr. Cohen, Ms. Norton, and 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 regarding penalties for cocaine offenses, and for other purposes.

1.

Short title

This Act may be cited as the Fairness in Cocaine Sentencing Act of 2009.

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 are repealed: (1)Clause (iii) of section 401(b)(1)(A).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 are repealed: (1)Subparagraph (C) of section 1010(b)(1).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).

3.

Reestablishment of possibility of probationary sentence

(a)

Controlled Substances Act

Section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended— (1)in each of subparagraphs (A) and (B), by striking the last two sentences; and (2)by striking the final sentence of subparagraph (C). (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 each of paragraphs (1) and (2), by striking the last two sentences.

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). .