I 

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. 


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•HR 5035 IH

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 2008’’. 

6 SEC. 2. ELIMINATION OF INCREASED PENALTIES FOR CO7 CAINE OFFENSES WHERE THE COCAINE IN8 VOLVED IS COCAINE BASE. 

9 (a) CONTROLLED SUBSTANCES ACT.—The following 

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

11 801 et seq.) are repealed: 

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

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

14 (3) The sentence beginning ‘‘Notwithstanding 

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

16 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT

17 ACT.—The following provisions of the Controlled Sub18 stances Import and Export Act (21 U.S.C. 951 et seq.) 

19 are repealed: 

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

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


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1 SEC. 3. REESTABLISHMENT OF POSSIBILITY OF PROBA2 TIONARY SENTENCE. 

3 (a) CONTROLLED SUBSTANCES ACT.—Section 

4 401(b) of the Controlled Substances Act (21 U.S.C. 

5 841(b)(1)) is amended— 

6 (1) in the penultimate sentence of subpara7 graph (A), by inserting ‘‘, other than under clause 

8 (ii)’’ after ‘‘any person sentenced under this sub9 paragraph’’; and 

10 (2) in the final sentence of subparagraph (B), 

11 by inserting ‘‘, other than under clause (ii)’’ after 

12 ‘‘any person sentenced under this subparagraph’’. 

13 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT

14 ACT.—Section 1010(b) of the Controlled Substances Im15 port and Export Act (21 U.S.C. 960(b)) is amended in 

16 the penultimate sentence of each of paragraphs (1) and 

17 (2), by inserting ‘‘, other than under subparagraph (B)’’ 

18 after ‘‘any person sentenced under this paragraph’’. 

19 SEC. 4. ELIMINATION OF MINIMUM MANDATORY IMPRISON20 MENT PENALTIES FOR COCAINE OFFENSES. 

21 (a) CONTROLLED SUBSTANCES ACT.— 

22 (1) Section 401(b)(1)(A) of the Controlled Sub23 stances Act (21 U.S.C. 841(b)(1)(A)) is amended by 

24 adding at the end the following: ‘‘However, any min25 imum term of imprisonment otherwise required 


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1 under this subparagraph shall not apply to an of2 fense under clause (ii).’’. 

3 (2) Section 401(b)(1)(B) of the Controlled Sub4 stances Act (21 U.S.C. 841(b)(1)(B)) is amended by 

5 adding at the end the following: ‘‘However, any min6 imum term of imprisonment otherwise required 

7 under this subparagraph shall not apply to an of8 fense under clause (ii).’’. 

9 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT

10 ACT.— 

11 (1) Section 1010(b)(1) of the Controlled Sub12 stances Import and Export Act (21 U.S.C. 

13 960(b)(1)) is amended by adding at the end the fol14 lowing: ‘‘However, any minimum term of imprison15 ment otherwise required under this paragraph shall 

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

17 (2) Section 1010(b)(2) of the Controlled Sub18 stances Import and Export Act (21 U.S.C. 

19 960(b)(2)) is amended by adding at the end the fol20 lowing: ‘‘However, any minimum term of imprison21 ment otherwise required under this paragraph shall 

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


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1 SEC. 5. AUTHORIZATION FOR FEDERAL DRUG COURT PRO2 GRAM. 

3 There is authorized to be appropriated to the Admin4 istrative Office of the United States Courts $10,000,000 

5 for each of fiscal years 2009 through 2013 to provide pre6 trial diversion and post conviction drug courts at the Fed7 eral level for people charged with illegal use of controlled 

8 substances. 

9 SEC. 6. REAUTHORIZATION OF DRUG COURTS GRANT PRO10 GRAM. 

11 Section 1001(a)(25)(A) of the Omnibus Crime Con12 trol and Safe Streets Act of 1968 (42 U.S.C. 

13 3793(a)(25)(A)) is amended to read as follows: 

14 ‘‘(A) Except as provided in subparagraph (C), 

15 there are authorized to be appropriated to carry out 

16 part EE $50,000,000 for each of the fiscal years 

17 2009 through 2013.’’. 

Æ 


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