; and (2) so that paragraph (5) reads as follows: (5) In the case of a violation of subsection (a) involving a controlled substance in schedule III, such person shall be sentenced in accordance with paragraphs (1) through (4) of this subsection and subsection (e). . (c) Clarifying original congressional intent regarding application of certain penalties Section 1010 of the Controlled Substances Import and Export Act ( 21 U.S.C. 960 ) is amended by adding at the end the following: (e) Clarifying original congressional intent regarding application of penalties under the controlled substances import and export act (1) The penalties set forth in paragraph (1) of subsection (b) apply only if— (A) type and quantity of the controlled or counterfeit substance violates paragraph (1) of subsection (b); and (B) the defendant was an organizer or leader of a drug trafficking organization. (2) The penalties set forth in paragraph (2) of subsection (b) apply only if— (A) the type and quantity of the controlled or counterfeit substance violates paragraph (2) of subsection (b); and (B) the defendant was an organizer, leader, manager, or supervisor of a drug trafficking organization. (3) The penalties set forth in paragraph (3) of subsection (b) apply only if— (A) the type and quantity of the controlled or counterfeit substance violates paragraph (1), (2), or (3) of subsection (b); and (B) the defendant was not a leader, organizer, manager, or supervisor of a drug trafficking organization. (4) The penalties set forth in paragraph (4) of subsection (b) apply only if— (A) the defendant’s conduct does not violate paragraphs (1) through (3); (B) the defendant’s role was not minor or minimal; and (C) the defendant is not a leader, organizer, manager, or supervisor of or otherwise employed by a drug trafficking organization. (5) The penalties set forth in section 404 of the Controlled Substances Act shall apply to prosecutions under section 1010(b) of this Act if— (A) the defendant’s conduct does not violate paragraphs (1) through (3)