S.Amdt. 3883

SA 3883. Mr. BOOKER submitted an amendment intended to be proposed by
him to the bill S. 2296, to authorize appropriations for fiscal year
2026 for military activities of the Department 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repealed: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 are repealed: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.
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