[Congressional Record Volume 170, Number 114 (Wednesday, July 10, 2024)]
[Senate]
[Pages S4371-S4372]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2125. Mr. BOOKER submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department

[[Page S4372]]

of Defense, for military construction, and for defense activities of 
the Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. 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     repealed: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) (21 U.S.C. 
     841(b)(1)(A)).
       (2) Clause (iii) of section 401(b)(1)(B) (21 U.S.C. 
     841(b)(1)(B)).
       (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 are repealed: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) (21 U.S.C. 
     960(b)(1)).
       (2) Subparagraph (C) of section 1010(b)(2) (21 U.S.C. 
     960(b)(2)).
       (c) Applicability to Pending and Past Cases.--
       (1) Pending cases.--This section, and the amendments made 
     by this section, shall apply to any sentence imposed after 
     the date of enactment of this Act, regardless of when the 
     offense was committed.
       (2) Past cases.--In the case of a defendant who, before the 
     date of enactment of this Act, was convicted or sentenced for 
     a Federal offense involving cocaine base, the sentencing 
     court may, on motion of the defendant, the Bureau of Prisons, 
     the attorney for the Government, or on its own motion, impose 
     a reduced sentence after considering the factors set forth in 
     section 3553(a) of title 18, United States Code.
                                 ______