a justification for the sentencing disparity be-
tween crack and powder. 
(D) Although Congress in the mid-1980s 
was understandably concerned that the low-cost 
and potency of crack cocaine would fuel an epi-
demic of use by minors, the epidemic of crack 
cocaine use by young people never materialized 
to the extent feared. In fact, in 2005, the rate 
of powder cocaine use among young adults was 
almost 7 times as high as the rate of crack co-
caine use. Furthermore, sentencing data sug-
gest that young people do not play a major role 
in crack cocaine trafficking at the Federal level. 
(E) The current 100 to 1 penalty structure 
undermines various congressional objectives set 
forth in the Anti-Drug Abuse Act of 1986. 
Data collected by the United States Sentencing 
Commission show that Federal resources have 
been targeted at offenders who are subject to 
the mandatory minimum sentences, which 
sweep in low-level crack cocaine users and deal-
ers. 
(11) In 1988, Congress set a mandatory min-
imum sentence for mere possession of crack cocaine, 
the only controlled substance for which there is a 
VerDate Nov 24 2008 
03:04 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H265.IH
H265
smartinez on PROD1PC64 with BILLS
mandatory minimum sentence for simple possession 
for a first-time offender. 
(12) Major drug traffickers and kingpins traffic 
in powder, not crack. 
(13) Contrary to Congress’s objective of focus-
ing Federal resources on drug kingpins, the majority 
of Federal powder and crack cocaine offenders are 
those who perform low level functions in the supply 
chain. 
(14) As a result of the low-level drug quantities 
that trigger lengthy mandatory minimum penalties 
for crack cocaine, the concentration of lower level 
Federal offenders is particularly pronounced among 
crack cocaine offenders, more than half of whom 
were street level dealers in 2005. 
(15) The Departments of Justice, Treasury, 
and Homeland Security are the agencies with the 
greatest capacity to investigate, prosecute, and dis-
mantle the highest level of drug trafficking organiza-
tions, but investigations and prosecutions of low- 
level offenders divert Federal personnel and re-
sources from the prosecution of the highest-level 
traffickers, for which such agencies are best suited. 
(16) The unwarranted sentencing disparity not 
only overstates the relative harmfulness of the two 
VerDate Nov 24 2008 
03:04 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H265.IH
H265
smartinez on PROD1PC64 with BILLS
forms of the drug and diverts Federal resources 
from high-level drug traffickers, but it also dis-
proportionately affects the African-American com-
munity. According to the United States Sentencing 
Commission’s May 2007 Report, 82 percent of Fed-
eral crack cocaine offenders sentenced in 2006 were 
African-American, while 8 percent were Hispanic 
and 8 percent were White. 
(17) Only 13 States have sentencing laws that 
distinguish between powder and crack cocaine. 
SEC. 3. COCAINE SENTENCING DISPARITY ELIMINATION. 
(a) CSA.—Section 401(b)(1) of the Controlled Sub-
stances Act (21 U.S.C. 841(b)(1)) is amended— 
(1) in subparagraph (A)(iii), by striking ‘‘50 
grams’’ and inserting ‘‘5 kilograms’’; and 
(2) in subparagraph (B)(iii), by striking ‘‘5 
grams’’ and inserting ‘‘500 grams.’’ 
(b) IMPORT AND EXPORT ACT.—Section 1010(b) of 
the Controlled Substances Import and Export Act (21 
U.S.C. 960(b)) is amended— 
(1) in paragraph (1)(C), by striking ‘‘50 
grams’’ and inserting ‘‘5 kilograms’’; and 
(2) in paragraph (2)(C), by striking ‘‘5 grams’’ 
and inserting ‘‘500 grams’’. 
VerDate Nov 24 2008 
03:04 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H265.IH
H265
smartinez on PROD1PC64 with BILLS
SEC. 4. ELIMINATION OF MANDATORY MINIMUM FOR SIM-
PLE POSSESSION. 
Section 404(a) of the Controlled Substances Act (21 
U.S.C. 844(a)) is amended by striking the sentence begin-
ning ‘‘Notwithstanding the preceding sentence,’’. 
SEC. 5. INCREASED EMPHASIS ON CERTAIN AGGRAVATING 
AND MITIGATING FACTORS. 
Pursuant to its authority under section 994 of title 
28, United States Code, the United States Sentencing 
Commission shall review and, if appropriate, amend the 
sentencing guidelines to ensure that the penalties for an 
offense involving trafficking of a controlled substance— 
(1) provide tiered enhancements for the involve-
ment of a dangerous weapon or violence, including, 
if appropriate— 
(A) an enhancement for the use or 
brandishment of a dangerous weapon; 
(B) an enhancement for the use, or threat-
ened use, of violence; and 
(C) any other enhancement the Commis-
sion considers necessary; 
(2) adequately take into account the culpability 
of the defendant and the role of the defendant in the 
offense, including consideration of whether enhance-
ments should be added, either to the existing en-
hancements for aggravating role or otherwise, that 
VerDate Nov 24 2008 
03:04 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H265.IH
H265
smartinez on PROD1PC64 with BILLS
take into account aggravating factors associated 
with the offense, including— 
(A) whether the defendant committed the 
offense as part of a pattern of criminal conduct 
engaged in as a livelihood; 
(B) whether the defendant is an organizer 
or leader of drug trafficking activities involving 
five or more persons; 
(C) whether the defendant maintained an 
establishment for the manufacture or distribu-
tion of the controlled substance; 
(D) whether the defendant distributed a 
controlled substance to an individual under the 
age of 21 years of age or to a pregnant woman; 
(E) whether the defendant involved an in-
dividual under the age of 18 years or a preg-
nant woman in the offense; 
(F) whether the defendant manufactured 
or distributed the controlled substance in a lo-
cation described in section 409(a) or section 
419(a) of the Controlled Substances Act (21 
U.S.C. 849(a) or 860(a)); 
(G) whether the defendant bribed, or at-
tempted to bribe, a Federal, State, or local law 
VerDate Nov 24 2008 
03:04 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H265.IH
H265
smartinez on PROD1PC64 with BILLS
enforcement officer in connection with the of-
fense; 
(H) whether the defendant was involved in 
importation into the United States of a con-
trolled substance; 
(I) whether bodily injury or death occurred 
in connection with the offense; 
(J) whether the defendant committed the 
offense after previously being convicted of a fel-
ony controlled substances offense; and 
(K) any other factor the Commission con-
siders necessary; and 
(3) adequately take into account mitigating fac-
tors associated with the offense, including— 
(A) whether the defendant had minimum 
knowledge of the illegal enterprise; 
(B) whether the defendant received little or 
no compensation in connection with the offense; 
(C) whether the defendant acted on im-
pulse, fear, friendship, or affection when the de-
fendant was otherwise unlikely to commit such 
an offense; and 
(D) whether any maximum base offense 
level should be established for a defendant who 
qualifies for a mitigating role adjustment. 
VerDate Nov 24 2008 
03:04 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H265.IH
H265
smartinez on PROD1PC64 with BILLS
SEC. 6. OFFENDER DRUG TREATMENT INCENTIVE GRANTS. 
(a) GRANT PROGRAM AUTHORIZED.—The Attorney 
General shall carry out a grant program under which the 
Attorney General may make grants to States, units of 
local government, territories, and Indian tribes in an 
amount described in subsection (c) to improve the provi-
sion of drug treatment to offenders in prisons, jails, and 
juvenile facilities. 
(b) REQUIREMENTS FOR APPLICATION.— 
(1) IN GENERAL.—To be eligible to receive a 
grant under subsection (a) for a fiscal year, an enti-
ty described in such subsection shall, in addition to 
any other requirements specified by the Attorney 
General, submit to the Attorney General an applica-
tion that demonstrates that, with respect to offend-
ers in prisons, jails, and juvenile facilities who re-
quire drug treatment and who are in the custody of 
the jurisdiction involved, during the previous fiscal 
year that entity provided drug treatment meeting 
the standards established by the Single State Au-
thority for Substance Abuse (as that term is defined 
in section 7(e)) for the relevant State to a number 
of such offenders that is two times the number of 
such offenders to whom that entity provided drug 
treatment during the fiscal year that is 2 years be-
VerDate Nov 24 2008 
03:04 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H265.IH
H265
smartinez on PROD1PC64 with BILLS
fore the fiscal year for which that entity seeks a 
grant. 
(2) OTHER
REQUIREMENTS.—An application 
under this section shall be submitted in such form 
and manner and at such time as specified by the At-
torney General. 
(c) ALLOCATION OF GRANT AMOUNTS BASED ON 
DRUG TREATMENT PERCENT DEMONSTRATED.—The At-
torney General shall allocate amounts under this section 
for a fiscal year based on the percent of offenders de-
scribed in subsection (b)(1) to whom an entity provided 
drug treatment in the previous fiscal year, as dem-
onstrated by that entity in its application under that sub-
section. 
(d) USES OF GRANTS.—A grant awarded to an entity 
under subsection (a) shall be used— 
(1) for continuing and improving drug treat-
ment programs provided at prisons, jails, and juve-
nile facilities of that entity; and 
(2) to strengthen rehabilitation efforts for of-
fenders by providing addiction recovery support serv-
ices, such as job training and placement, education, 
peer support, mentoring, and other similar services. 
(e) REPORTS.—An entity that receives a grant under 
subsection (a) during a fiscal year shall, not later than 
VerDate Nov 24 2008 
03:04 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H265.IH
H265
smartinez on PROD1PC64 with BILLS
the last day of the following fiscal year, submit to the At-
torney General a report that describes and assesses the 
uses of such grant. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $10,000,000 to carry 
out this section for each of fiscal years 2009 and 2010. 
SEC. 7. GRANTS FOR DEMONSTRATION PROGRAMS TO RE-
DUCE DRUG USE SUBSTANCE ABUSERS. 
(a) AWARDS REQUIRED.—The Attorney General may 
make competitive grants to eligible partnerships, in ac-
cordance with this section, for the purpose of establishing 
demonstration programs to reduce the use of alcohol and 
other drugs by supervised substance abusers during the 
period in which each such substance abuser is in prison, 
jail, or a juvenile facility, and until the completion of pa-
role or court supervision of such abuser. 
(b) USE OF GRANT FUNDS.—A grant made under 
subsection (a) to an eligible partnership for a demonstra-
tion program, shall be used— 
(1) to support the efforts of the agencies, orga-
nizations, and researchers included in the eligible 
partnership, with respect to the program for which 
a grant is awarded under this section; 
VerDate Nov 24 2008 
03:04 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H265.IH
H265
smartinez on PROD1PC64 with BILLS
(2) to develop and implement a program for su-
pervised substance abusers during the period de-
scribed in subsection (a), which shall include— 
(A) alcohol and drug abuse assessments 
that— 
(i) are provided by a State-approved 
program; and 
(ii) provide adequate incentives for 
completion of a comprehensive alcohol or 
drug abuse treatment program, including 
through the use of graduated sanctions; 
and 
(B) coordinated and continuous delivery of 
drug treatment and case management services 
during such period; and 
(3) to provide addiction recovery support serv-
ices (such as job training and placement, peer sup-
port, mentoring, education, and other related serv-
ices) to strengthen rehabilitation efforts for sub-
stance abusers. 
(c) APPLICATION.—To be eligible for a grant under 
subsection (a) for a demonstration program, an eligible 
partnership shall submit to the Attorney General an appli-
cation that— 
VerDate Nov 24 2008 
03:04 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H265.IH
H265
smartinez on PROD1PC64 with BILLS
(1) identifies the role, and certifies the involve-
ment, of each agency, organization, or researcher in-
volved in such partnership, with respect to the pro-
gram; 
(2) includes a plan for using judicial or other 
criminal or juvenile justice authority to supervise the 
substance abusers who would participate in a dem-
onstration program under this section, including 
for— 
(A) administering drug tests for such 
abusers on a regular basis; and 
(B) swiftly and certainly imposing an es-
tablished set of graduated sanctions for non- 
compliance with conditions for reentry into the 
community relating to drug abstinence (whether 
imposed as a pre-trial, probation, or parole con-
dition, or otherwise); 
(3) includes a plan to provide supervised sub-
stance abusers with coordinated and continuous 
services that are based on evidence-based strategies 
and that assist such abusers by providing such abus-
ers with— 
(A) drug treatment while in prison, jail, or 
a juvenile facility; 
VerDate Nov 24 2008 
03:04 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H265.IH
H265
smartinez on PROD1PC64 with BILLS