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 of-
fenses 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. RAN-
GEL, 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 pen-
alties for offenses involving cocaine, to use the resulting 
savings to provide drug treatment and diversion pro-
grams for cocaine users, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives 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 CO-
CAINE OFFENSES WHERE THE COCAINE IN-
VOLVED 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 are repealed: 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 Sub-
stances 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are repealed: 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). 
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SEC. 3. REESTABLISHMENT OF POSSIBILITY OF PROBA-
TIONARY 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 subpara-
graph (A), by inserting ‘‘, other than under clause 
(ii)’’ after ‘‘any person sentenced under this sub-
paragraph’’; 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 Im-
port 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 IMPRISON-
MENT PENALTIES FOR COCAINE OFFENSES. 
(a) CONTROLLED SUBSTANCES ACT.— 
(1) Section 401(b)(1)(A) of the Controlled Sub-
stances Act (21 U.S.C. 841(b)(1)(A)) is amended by 
adding at the end the following: ‘‘However, any min-
imum term of imprisonment otherwise required 
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under this subparagraph shall not apply to an of-
fense under clause (ii).’’. 
(2) Section 401(b)(1)(B) of the Controlled Sub-
stances Act (21 U.S.C. 841(b)(1)(B)) is amended by 
adding at the end the following: ‘‘However, any min-
imum term of imprisonment otherwise required 
under this subparagraph shall not apply to an of-
fense under clause (ii).’’. 
(b) CONTROLLED SUBSTANCES IMPORT AND EXPORT 
ACT.— 
(1) Section 1010(b)(1) of the Controlled Sub-
stances Import and Export Act (21 U.S.C. 
960(b)(1)) is amended by adding at the end the fol-
lowing: ‘‘However, any minimum term of imprison-
ment otherwise required under this paragraph shall 
not apply to an offense under subparagraph (B).’’. 
(2) Section 1010(b)(2) of the Controlled Sub-
stances Import and Export Act (21 U.S.C. 
960(b)(2)) is amended by adding at the end the fol-
lowing: ‘‘However, any minimum term of imprison-
ment otherwise required under this paragraph shall 
not apply to an offense under subparagraph (B).’’. 
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SEC. 5. AUTHORIZATION FOR FEDERAL DRUG COURT PRO-
GRAM. 
There is authorized to be appropriated to the Admin-
istrative Office of the United States Courts $10,000,000 
for each of fiscal years 2009 through 2013 to provide pre-
trial diversion and post conviction drug courts at the Fed-
eral level for people charged with illegal use of controlled 
substances. 
SEC. 6. REAUTHORIZATION OF DRUG COURTS GRANT PRO-
GRAM. 
Section 1001(a)(25)(A) of the Omnibus Crime Con-
trol 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.’’. 
Æ 
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