of completing a recidivism reduction plan shall not be used against the divertee in criminal proceedings or at sentencing, except that in the case of a recommendation for termination of diversion, information regarding the divertee’s participation in such program may be used for purposes of termination proceedings. (i) Pretrial diversion program preference Where authorized by law, pretrial diversion program acceptance shall be prioritized in criminal cases where an applicant demonstrates a history of physical or emotional trauma, sexual or physical abuse, substance abuse, mental illness, or vulnerable circumstances such as pregnancy, disability, homelessness, physical health challenges, or the immediate familial economic needs of an applicant. . (b) Conforming amendment The table of contents of chapter 201 of title 18, United States Code, is amended by adding at the end the following: 3015. Federal pretrial diversion. . IV CONSPIRACY REFORM ACT—FIXING THE “GIRLFRIEND PROBLEM” 401. Focusing penalties for drug conspiracy (a) Controlled substances act Section 406 of the Controlled Substances Act ( 21 U.S.C. 846 ) is amended by striking subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy and inserting fined under title 18, United States Code, imprisoned not more than 5 years, or both, except that in no case may the penalty for an offense under this section exceed any penalty for the underlying substantive offense, the commission of which was the object of the attempt or conspiracy . (b) Controlled substances import and export act Section 1013 of the Controlled Substances Import and Export Act ( 21 U.S.C. 963 ) is amended by striking subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy and inserting fined under title 18, United States Code, imprisoned not more than 5 years, or both, except that in no case may the penalty for an offense under this section