I 

111TH CONGRESS 

1ST SESSION H. R. 1459 

To amend the Controlled Substances Act and the Controlled Substances 

Import and Export Act regarding penalties for cocaine offenses, and 

for other purposes. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fairness in Cocaine 

5 Sentencing Act of 2009’’. 


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1 SEC. 2. ELIMINATION OF INCREASED PENALTIES FOR CO2 CAINE OFFENSES WHERE THE COCAINE IN3 VOLVED IS COCAINE BASE. 

4 (a) CONTROLLED SUBSTANCES ACT.—The following 

5 provisions of the Controlled Substances Act (21 U.S.C. 

6 801 et seq.) are repealed: 

7 (1) Clause (iii) of section 401(b)(1)(A). 

8 (2) Clause (iii) of section 401(b)(1)(B). 

9 (3) The sentence beginning ‘‘Notwithstanding 

10 the preceding sentence’’ in section 404(a). 

11 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT

12 ACT.—The following provisions of the Controlled Sub13 stances Import and Export Act (21 U.S.C. 951 et seq.) 

14 are repealed: 

15 (1) Subparagraph (C) of section 1010(b)(1). 

16 (2) Subparagraph (C) of section 1010(b)(2). 

17 SEC. 3. REESTABLISHMENT OF POSSIBILITY OF PROBA18 TIONARY SENTENCE. 

19 (a) CONTROLLED SUBSTANCES ACT.—Section 

20 401(b)(1) of the Controlled Substances Act (21 U.S.C. 

21 841(b)(1)) is amended— 

22 (1) in each of subparagraphs (A) and (B), by 

23 striking the last two sentences; and 

24 (2) by striking the final sentence of subpara25 graph (C). 


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1 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT

2 ACT.—Section 1010(b) of the Controlled Substances Im3 port and Export Act (21 U.S.C. 960(b)) is amended in 

4 each of paragraphs (1) and (2), by striking the last two 

5 sentences. 

6 SEC. 4. ELIMINATION OF MINIMUM MANDATORY IMPRISON7 MENT PENALTIES FOR COCAINE OFFENSES. 

8 (a) CONTROLLED SUBSTANCES ACT.— 

9 (1) Section 401(b)(1)(A) of the Controlled Sub10 stances Act (21 U.S.C. 841(b)(1)(A)) is amended by 

11 adding at the end the following: ‘‘However, any min12 imum term of imprisonment otherwise required 

13 under this subparagraph shall not apply to an of14 fense under clause (ii).’’. 

15 (2) Section 401(b)(1)(B) of the Controlled Sub16 stances Act (21 U.S.C. 841(b)(1)(B)) is amended by 

17 adding at the end the following: ‘‘However, any min18 imum term of imprisonment otherwise required 

19 under this subparagraph shall not apply to an of20 fense under clause (ii).’’. 

21 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT

22 ACT.— 

23 (1) Section 1010(b)(1) of the Controlled Sub24 stances Import and Export Act (21 U.S.C. 

25 960(b)(1)) is amended by adding at the end the folVerDate Nov 24 2008 22:07 Mar 13, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1459.IH H1459

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1 lowing: ‘‘However, any minimum term of imprison2 ment otherwise required under this paragraph shall 

3 not apply to an offense under subparagraph (B).’’. 

4 (2) Section 1010(b)(2) of the Controlled Sub5 stances Import and Export Act (21 U.S.C. 

6 960(b)(2)) is amended by adding at the end the fol7 lowing: ‘‘However, any minimum term of imprison8 ment otherwise required under this paragraph shall 

9 not apply to an offense under subparagraph (B).’’. 

Æ 


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