[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3713 Reported in House (RH)]
<DOC>
Union Calendar No. 698
114th CONGRESS
2d Session
H. R. 3713
[Report No. 114-888, Part I]
To reform sentencing laws, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 8, 2015
Mr. Goodlatte (for himself, Mr. Conyers, Ms. Jackson Lee, Mr. Labrador,
Mr. Bishop of Michigan, Ms. Judy Chu of California, Mr. Chabot, Mr.
Nadler, Mr. Chaffetz, Mr. Cohen, Mr. Collins of Georgia, Mr. Deutch,
Mrs. Mimi Walters of California, Ms. DelBene, Mr. Trott, Mr. Cicilline,
Mr. Rooney of Florida, and Mr. Pierluisi) 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
December 23, 2016
Additional sponsors: Mr. Gutierrez, Ms. Bass, Mr. Peters, Mr. Young of
Iowa, Mr. Ellison, Ms. Brown of Florida, Mr. McNerney, Mr. Rush, Mr. Al
Green of Texas, Ms. Eddie Bernice Johnson of Texas, Mr. Clay, Mr. Danny
K. Davis of Illinois, Ms. Wilson of Florida, Ms. Gabbard, Mr. Hanna,
Mr. Olson, Ms. Jenkins of Kansas, Mr. Welch, Ms. Schakowsky, Mr.
Curbelo of Florida, Mrs. Lawrence, Ms. Lee, Ms. Velazquez, Mrs. Beatty,
Mr. O'Rourke, Mr. Payne, Mr. Takano, Mr. Higgins, Mr. Kline, Mr. Emmer
of Minnesota, Mr. Gene Green of Texas, Mr. Takai, Ms. Kaptur, Mr.
McGovern, Mr. Garrett, Mr. Vargas, Mr. Kildee, Ms. Fudge, Mr. Polis,
Mr. Quigley, Ms. Ros-Lehtinen, Mr. Ryan of Ohio, Mr. Honda, Mr. Lewis,
Ms. Slaughter, Mr. Serrano, Mr. Loebsack, Mr. Brady of Pennsylvania,
Mr. Sean Patrick Maloney of New York, Mr. Levin, Mr. David Scott of
Georgia, Mr. Foster, Mrs. Napolitano, Mr. Larsen of Washington, Mr.
Blum, Mr. McDermott, Mrs. Love, Mr. Doggett, Mr. Ted Lieu of
California, Mrs. Davis of California, Ms. Pingree, and Mr. Sherman
December 23, 2016
Reported from the Committee on the Judiciary with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
December 23, 2016
The Committee on Energy and Commerce discharged; committed to the
Committee of the Whole House on the State of the Union and ordered to
be printed
[For text of introduced bill, see copy of bill as introduced on October
8, 2015]
_______________________________________________________________________
A BILL
To reform sentencing laws, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sentencing Reform Act of 2015''.
SEC. 2. REDUCE AND RESTRICT ENHANCED SENTENCING FOR PRIOR DRUG
FELONIES.
(a) Controlled Substances Act Amendments.--The Controlled
Substances Act (21 U.S.C. 801 et seq.) is amended--
(1) in section 102 (21 U.S.C. 802), by adding at the end
the following:
``(57) The term `serious drug felony' means an offense described in
section 924(e)(2)(A) of title 18, United States Code, for which the
offender served a term of imprisonment of more than 12 months.
``(58) The term `serious violent felony' means an offense--
``(A) described in section 3559(c)(2)(F) of title 18,
United States Code, for which the offender served a term of
imprisonment of more than 12 months; or
``(B) that would be a felony violation of section 113 of
title 18, United States Code, if the offense were committed in
the special maritime and territorial jurisdiction of the United
States, for which the offender served a term of imprisonment of
more than 12 months.'';
(2) in section 401(b)(1) (21 U.S.C. 841(b)(1))--
(A) in subparagraph (A), in the flush text
following clause (viii)--
(i) by striking ``If any person commits
such a violation after a prior conviction for a
felony drug offense has become final, such
person shall be sentenced to a term of
imprisonment which may not be less than 20
years'' and inserting the following: ``If any
person commits such a violation after a prior
conviction for a serious drug felony or serious
violent felony has become final, such person
shall be sentenced to a term of imprisonment of
not less than 15 years''; and
(ii) by striking ``after two or more prior
convictions for a felony drug offense have
become final, such person shall be sentenced to
a mandatory term of life imprisonment without
release'' and inserting the following: ``after
2 or more prior convictions for a serious drug
felony or serious violent felony have become
final, such person shall be sentenced to a term
of imprisonment of not less than 25 years'';
and
(B) in subparagraph (B), in the flush text
following clause (viii), by striking ``If any person
commits such a violation after a prior conviction for a
felony drug offense has become final'' and inserting
the following: ``If any person commits such a violation
after a prior conviction for a serious drug felony or
serious violent felony has become final''; and
(3) by adding at the end of section 401(b) (21 U.S.C.
841(b)) the following:
``(8) In the case of a violation of subsection (a), if the mixture
or substance containing a detectable amount of heroin also contains a
detectable amount of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl]
propanamide or any analogue of N-phenyl-N-[ 1-(2-phenylethyl) -4-
piperidinyl] propanamide, then a court shall, in addition to the term
of punishment for the violation of this section, impose a term of
imprisonment not to exceed 5 years, which shall not run concurrently
with any term of imprisonment imposed on the person under any other
provision of law.
``(9) In the case of a violation of subsection (a), if the mixture
or substance containing a detectable amount of N-phenyl-N-[ 1-(2-
phenylethyl) -4-piperidinyl] propanamide or any analogue of N-phenyl-N-
[ 1-(2-phenylethyl) -4-piperidinyl] propanamide was represented to be
or sold as heroin, then a court shall , in addition to the term of
punishment for the violation of this section, impose a term of
imprisonment not to exceed 5 years, which shall not run concurrently
with any term of imprisonment imposed on the person under any other
provision of law.''.
(b) Controlled Substances Import and Export Act Amendments.--
Section 1010(b) of the Controlled Substances Import and Export Act (21
U.S.C. 960(b)) is amended--
(1) in paragraph (1), in the flush text following
subparagraph (H), by striking ``If any person commits such a
violation after a prior conviction for a felony drug offense
has become final, such person shall be sentenced to a term of
imprisonment of not less than 20 years'' and inserting ``If any
person commits such a violation after a prior conviction for a
serious drug felony or serious violent felony has become final,
such person shall be sentenced to a term of imprisonment of not
less than 15 years'';
(2) in paragraph (2), in the flush text following
subparagraph (H), by striking ``felony drug offense'' and
inserting ``serious drug felony or serious violent felony'';
and
(3) by adding at the end the following:
``(8) In the case of a violation of subsection (a), if the mixture
or substance containing a detectable amount of heroin also contains a
detectable amount of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl]
propanamide or any analogue of N-phenyl-N-[ 1-(2-phenylethyl) -4-
piperidinyl] propanamide, then a court shall--
``(A) not impose a term of probation;
``(B) in addition to the term of punishment for the
violation of this section, impose a term of imprisonment not to
exceed 5 years; and
``(C) no term of imprisonment imposed on a person under
subparagraph (B) shall run concurrently with any term of
imprisonment imposed on the person under any other provision of
law.
``(9) In the case of a violation of subsection (a), if the mixture
or substance containing a detectable amount of N-phenyl-N-[ 1-(2-
phenylethyl) -4-piperidinyl] propanamide or any analogue of N-phenyl-N-
[ 1-(2-phenylethyl) -4-piperidinyl] propanamide was represented to be
or sold as heroin, then a court shall--
``(A) not impose a term of probation;
``(B) in addition to the term of punishment for the
violation of this section, impose a term of imprisonment not to
exceed 5 years; and
``(C) no term of imprisonment imposed on a person under
subparagraph (B) shall run concurrently with any term of
imprisonment imposed on the person under any other provision of
law.''.
(c) Applicability to Pending and Past Cases.--
(1) Pending cases.--This section, and the amendments made
by this section, shall apply to any offense that was committed
before the date of enactment of this Act, if a sentence for the
offense has not been imposed as of such date of enactment.
(2) Past cases.--
(A) General rule.--In the case of a defendant
(other than a defendant with a prior conviction for a
qualifying serious violent felony) who, before the date
of enactment of this Act, was convicted of an offense
for which the penalty is amended by this section and
who was sentenced to a term of imprisonment for the
offense, the sentencing court may, on motion of the
defendant or the Director of the Bureau of Prisons, or
on its own motion, upon prior notice to the Government,
reduce the term of imprisonment for the offense, after
considering the factors set forth in section 3553(a) of
title 18, United States Code, the nature and
seriousness of the danger to any person or the
community, and the post-sentencing conduct of the
defendant, if such a reduction is consistent with this
section and the amendments made by this section.
(B) Definition.--In this paragraph the term
``qualifying serious violent felony'' means an offense
that--
(i) is a serious violent felony as that
term is defined in section 102(58) of the
Controlled Substances Act; and
(ii) carries 3 or more criminal history
points as determined under the United States
Sentencing Guidelines.
SEC. 3. BROADENING OF EXISTING SAFETY VALVE.
(a) Amendments.--Section 3553 of title 18, United States Code, is
amended--
(1) in subsection (f), by striking paragraph (1) and
inserting the following:
``(1) the defendant does not have--
``(A) more than 4 criminal history points as
determined under the sentencing guidelines;
``(B) a prior 3-point offense, as determined under
the sentencing guidelines; or
``(C) a prior 2-point drug trafficking or violent
offense, as determined under the sentencing
guidelines;''; and
(2) by adding at the end the following:
``(g) Inadequacy of Criminal History.--
``(1) In general.--If subsection (f) does not apply to a
defendant because the defendant does not meet the requirements
described in subsection (f)(1) (relating to criminal history),
the court may, upon prior notice to the Government, waive
subsection (f)(1) if the court specifies in writing the
specific reasons why reliable information indicates that
excluding the defendant pursuant to subsection (f)(1)
substantially overrepresents the seriousness of the defendant's
criminal history or the likelihood that the defendant will
commit other crimes.
``(2) Prohibition.--This subsection shall not apply to any
defendant who has been convicted of a serious drug felony or a
serious violent felony as defined in paragraphs (57) and (58),
respectively, of section 102 of the Controlled Substances Act
(21 U.S.C. 802).
``(h) Definitions.--As used in this section--
``(1) the term `drug trafficking offense' means an offense
that is punishable by imprisonment under any law of the United
States, or of a State or foreign country, that prohibits or
restricts the importation, manufacture, or distribution of
controlled substances or the possession of controlled
substances with intent to distribute; and
``(2) the term `violent offense' means a `crime of
violence', as defined in section 16, that is punishable by
imprisonment.''.
(b) Applicability.--The amendments made by this section shall apply
only to a conviction entered on or after the date of enactment of this
Act.
SEC. 4. LIMITATION ON APPLICATION OF THE 10-YEAR MANDATORY MINIMUM.
(a) Amendment.--Section 3553 of title 18, United States Code, as
amended by section 3, is further amended by adding at the end the
following:
``(i) Limitation on Applicability of Certain Statutory Minimums.--
Notwithstanding any other provision of law, in the case of a conviction
under section 401 or 406 of the Controlled Substances Act (21 U.S.C.
841 and 846) or section 1010 or 1013 of the Controlled Substances
Import and Export Act (21 U.S.C. 960 and 963) for which the statutory
minimum term of imprisonment is 10 years, the court may impose a
sentence as if the statutory minimum term of imprisonment was 5 years,
if the court finds at sentencing, after the Government has been
afforded the opportunity to make a recommendation, that--
``(1) the defendant does not have a prior conviction for a
serious drug felony or serious violent felony as defined in
paragraphs (57) and (58), respectively, of section 102 of the
Controlled Substances Act (21 U.S.C. 802) that was made final
prior to the commission of the instant offense;
``(2) the defendant did not use violence or credible
threats of violence or possess a firearm or other dangerous
weapon (or induce another participant to do so) in connection
with the offense, and the offense did not result in death or
serious bodily injury to any person;
``(3) the defendant did not play an enhanced role in the
offense by acting as an organizer, leader, manager, or
supervisor of other participants in the offense, as determined
under the sentencing guidelines, or by exercising substantial
authority or control over the criminal activity of a criminal
organization, regardless of whether the defendant was a member
of such organization;
``(4) the defendant did not act as an importer, exporter,
high-level distributor or supplier, wholesaler, or manufacturer
of the controlled substances involved in the offense or engage
in a continuing criminal enterprise, as defined in section 408
of the Controlled Substances Act (21 U.S.C. 848);
``(5) the defendant did not distribute a controlled
substance to or with a person under 18 years of age; and
``(6) not later than the time of the sentencing hearing,
the defendant has truthfully provided to the Government all
information and evidence the defendant has concerning the
offense or offenses that were part of the same course of
conduct or of a common scheme or plan, but the fact that the
defendant has no relevant or useful other information to
provide or that the Government is already aware of the
information shall not preclude a determination by the court
that the defendant has complied with this requirement.
``(j) Definitions.--As used in subsection (i) of this section--
``(1) the term `importer, exporter, or high-level
distributor or supplier'--
``(A) means a defendant who imported, exported, or
otherwise distributed or supplied large quantities of a
controlled substance to other drug distributors; and
``(B) does not include a defendant whose role was
limited to transporting drugs or money at the direction
of others;
``(2) the term `manufacturer' means a defendant who grew,
produced, or manufactured a controlled substance and was the
principal owner of such controlled substance; and
``(3) the term `wholesaler' means a defendant who sold non-
retail quantities of a controlled substance to other dealers or
distributors.''.
(b) Applicability.--The amendment made by this section shall apply
only to a conviction entered on or after the date of enactment of this
Act.
SEC. 5. CLARIFICATION OF SECTION 924(C) OF TITLE 18, UNITED STATES
CODE.
(a) In General.--Section 924(c)(1)(C) of title 18, United States
Code, is amended--
(1) in the matter preceding clause (i), by striking
``second or subsequent conviction under this subsection'' and
inserting ``violation of this subsection that occurs after a
prior conviction under this subsection or under State law for a
crime of violence that contains as an element of the offense
the carrying, brandishing, or use of a firearm has become
final''; and
(2) in clause (i), by striking ``not less than 25 years''
and inserting ``not less than 15 years''.
(b) Applicability to Pending and Past Cases.--
(1) Pending cases.--This section, and the amendments made
by this section, shall apply to any offense that was committed
before the date of enactment of this Act, if a sentence for the
offense has not been imposed as of such date of enactment.
(2) Certain past cases.--
(A) General rule.--Except as provided in
subparagraph (B), in the case of a defendant who,
before the date of enactment of this Act, was convicted
of an offense for which the penalty is amended by this
section and was sentenced to a term of imprisonment for
the offense, the sentencing court may, on motion of the
defendant or the Director of the Bureau of Prisons, or
on its own motion, upon prior notice to the Government,
reduce the term of imprisonment for the offense, after
considering the factors set forth in section 3553(a) of
title 18, United States Code, the nature and
seriousness of the danger to any person or the
community, and the post-sentencing conduct of the
defendant, if such a reduction is consistent with this
section and the amendments made by this section.
(B) Exception.--Subparagraph (A) does not apply in
the case of an offense affected by the amendment made
in subsection (a)(2) with regard to a defendant who has
a prior conviction for a serious violent felony, as
defined in section 102(58) of the Controlled Substances
Act.
SEC. 6. AMENDMENT TO CERTAIN PENALTIES FOR CERTAIN FIREARM OFFENSES AND
ARMED CAREER CRIMINAL PROVISION.
(a) Amendments.--Section 924 of title 18, United States Code, is
amended--
(1) in subsection (a)(2), by striking ``not more than 10
years'' and inserting ``not more than 15 years''; and
(2) in subsection (e)(1), by striking ``not less than
fifteen years'' and inserting ``not less than 10 years''.
(b) Applicability to Pending and Past Cases.--
(1) Pending cases.--This section, and the amendments made
by this section, shall apply to any offense that was committed
before the date of enactment of this Act, if a sentence for the
offense has not been imposed as of such date of enactment.
(2) Past cases.--In the case of a defendant (other than a
defendant with a prior conviction for a serious violent felony,
as defined in section 102(58) of the Controlled Substances Act)
who, before the date of enactment of this Act, was convicted of
an offense for which the penalty is amended by this section and
was sentenced to a term of imprisonment for the offense, the
sentencing court may, on motion of the defendant or the
Director of the Bureau of Prisons, or on its own motion, upon
prior notice to the Government, reduce the term of imprisonment
for the offense, after considering the factors set forth in
section 3553(a) of title 18, United States Code, the nature and
seriousness of the danger to any person or the community, and
the post-sentencing conduct of the defendant, if such a
reduction is consistent with this section and the amendments
made by this section.
SEC. 7. APPLICATION OF FAIR SENTENCING ACT.
(a) Definition of Covered Offense.--In this section, the term
``covered offense'' means a violation of a Federal criminal statute,
the statutory penalties for which were modified by section 2 or 3 of
the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372),
that was committed before August 3, 2010.
(b) Defendants Previously Sentenced.--A court that imposed a
sentence for a covered offense, may, on motion of the defendant, the
Director of the Bureau of Prisons, the attorney for the Government, or
the court, impose a reduced sentence as if sections 2 and 3 of the Fair
Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372) were in
effect at the time the covered offense was committed.
(c) Limitations.--No court shall entertain a motion made under this
section to reduce a sentence if the sentence was imposed or reduced to
a sentence greater than the applicable mandatory minimum in accordance
with the amendments made by sections 2 and 3 of the Fair Sentencing Act
of 2010 (Public Law 111-220; 124 Stat. 2372), or if a motion made
pursuant to section 2 or 3 of the Fair Sentencing Act or under this
section was denied by a court because a reduction in the defendant's
term of imprisonment would pose a danger to any person or the community
or was denied by a court because of the defendant's post-sentencing
conduct. Nothing in this section shall require a court to reduce any
sentence pursuant to this section.
SEC. 8. REPORT ON MANDATORY MINIMUM SENTENCING PROVISIONS.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, the Attorney General, in consultation with the United States
Sentencing Commission, shall submit to the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House of
Representatives a report on mandatory minimum sentencing provisions
under Federal law.
(b) Contents of Report.--The report submitted under subsection (a)
shall include--
(1) a compilation of all mandatory minimum sentencing
provisions under Federal law;
(2) an assessment of the effect of mandatory minimum
sentencing provisions under Federal law on the goal of
eliminating unwarranted sentencing disparity and other goals of
sentencing;
(3) an assessment of the impact of mandatory minimum
sentencing provisions on the Federal prison population;
(4) an assessment of the compatibility of mandatory minimum
sentencing provisions under Federal law and the sentencing
guidelines system established under the Sentencing Reform Act
of 1984 (Public Law 98-473; 98 Stat. 1987) and the sentencing
guidelines system in place after Booker v. United States, 543
U.S. 220 (2005);
(5) a description of the interaction between mandatory
minimum sentencing provisions under Federal law and plea
agreements; and
(6) any other information that the Attorney General, in
consultation with the United States Sentencing Commission,
determines would contribute to a thorough assessment of
mandatory minimum sentencing provisions under Federal law.
SEC. 9. SENSE OF CONGRESS.
It is the sense of Congress that reform of the criminal justice
system, in order to make it more effective, safe, humane, fiscally
sustainable, and fair to victims, law enforcement, offenders, and the
general public, requires the integration of a mental health component
as part of a comprehensive reform strategy. This reform strategy should
strive to identify those most in need of mental health services and
employ best practices to provide emergency and crisis services,
specialized law enforcement response training, court hearings for
alternative dispositions, and appropriate community supervision support
services.
Union Calendar No. 698
114th CONGRESS
2d Session
H. R. 3713
[Report No. 114-888, Part I]
_______________________________________________________________________
A BILL
To reform sentencing laws, and for other purposes.
_______________________________________________________________________
December 23, 2016
Reported from the Committee on the Judiciary with an amendment
December 23, 2016
The Committee on Energy and Commerce discharged; committed to the
Committee of the Whole House on the State of the Union and ordered to
be printed