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114th Congress      }                             {      Rept. 114-888
                        HOUSE OF REPRESENTATIVES
 2d Session         }                             {             Part 1

======================================================================



 
                     SENTENCING REFORM ACT OF 2015

                                _______
                                

 December 23, 2016.--Committed to the Committee of the Whole House of 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. Goodlatte, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3713]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 3713) to reform sentencing laws, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page

The Amendment....................................................     1
Purpose and Summary..............................................     6
Background and Need for the Legislation..........................     6
Hearings.........................................................     8
Committee Consideration..........................................     8
Committee Votes..................................................     8
Committee Oversight Findings.....................................     8
New Budget Authority and Tax Expenditures........................     8
Congressional Budget Office Cost Estimate........................     8
Duplication of Federal Programs..................................    18
Disclosure of Directed Rule Makings..............................    18
Performance Goals and Objectives.................................    18
Advisory on Earmarks.............................................    18
Section-by-Section Analysis......................................    18
Changes in Existing Law Made by the Bill, as Reported............    20

                             The Amendment

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

                          Purpose and Summary

    H.R. 3713, the ``Sentencing Reform Act of 2015,'' amends 
title 18, U.S. Code (the Federal Criminal Code), in several 
ways. First, it reforms mandatory minimum sentences for certain 
Federal drug offences. Second, it broadens the existing 
``safety valve'' and creates a new, narrowly tailored safety 
valve for certain drug offenders. Third, it reforms sentences 
for certain firearms offenses. Finally, it applies the 
provisions of the Fair Sentencing Act of 2010\1\ retroactively.
---------------------------------------------------------------------------
    \1\Pub. L. No. 111-220 (August 3, 2010).
---------------------------------------------------------------------------

                Background and Need for the Legislation

    In early 2015, Chairman Goodlatte and Ranking Members 
Conyers created a Criminal Justice Reform Initiative at the 
Judiciary Committee to address the significant Congressional 
interest in criminal justice reform from Members who do and do 
not serve on the Committee. The purpose of the Initiative is to 
develop bipartisan legislation to address several facets of the 
Federal criminal justice system, including over-
criminalization, sentencing reform, forensics reform, mentally 
ill offender reform, prison and reentry reform, protecting 
citizens through improved criminal procedures and policing 
strategies, and civil asset forfeiture reform. In addressing 
these issues, the Committee has relied on the work of the Over-
Criminalization Task Force, which held nine hearings on a 
variety of criminal justice topics during the 113th Congress, 
as well as the information provided to the Committee by 
interested Members during the Committee's formal listening 
session in June 2015.
    The first topic the Committee addressed as part of the 
Initiative was sentencing reform. H.R. 3713, as reported from 
Committee, makes several targeted, surgical changes to Federal 
sentencing law to: (1) reform mandatory minimum sentences for 
certain Federal drug offenses; (2) broaden the existing 
``safety valve'' and create a new, narrowly tailored safety 
valve for certain drug offenders; (3) reform sentences for 
certain firearms offenses; and (4) apply the Fair Sentencing 
Act of 2010 retroactively.
    Senate Judiciary Committee Chairman Grassley introduced a 
similar bill--S. 2123, the Sentencing Reform and Corrections 
Act--on October 1, 2015. However, H.R. 3713 differs from S. 
2123 in several significant respects.
    First, H.R. 3713 is purely a sentencing reform bill. It 
does not contain either the prison reform or the over-
criminalization provisions in S. 2123.
    Second, H.R. 3713 does not apply full retroactivity to the 
statutory changes. The bill provides for retroactive 
application of many of the statutory sentencing changes but, 
unlike the Senate bill (or the Sentencing Commission's 
Amendment 782), H.R. 3713 excludes inmates who have been 
convicted of serious violent felonies from retroactivity. This 
means that those inmates will be required to serve their full 
term of incarceration.
    Third, H.R. 3713 does not establish two new mandatory 
minimum sentences, but it does contain a sentencing enhancement 
for fentanyl. Fentanyl, a powerful narcotic pain medication 80 
to 100 times more potent than morphine, has led to a rash of 
deaths across the country. In early 2015, the Drug Enforcement 
Administration issued a nationwide alert about the threat posed 
by fentanyl.\2\ H.R. 3713 imposes a 5-year mandatory maximum 
sentencing enhancement for trafficking in heroin ``cut'' with 
fentanyl, or trafficking in fentanyl represented as heroin. The 
enhancement must run consecutively to the underlying sentence.
---------------------------------------------------------------------------
    \2\``DEA Issues Nationwide Alert on Fentanyl as Threat to Health 
and Public Safety,'' March 18, 2015, available at https://www.dea.gov/
divisions/hq/2015/hq031815.shtml.
---------------------------------------------------------------------------
    Finally, H.R. 3713 provides for retroactivity under the 
Fair Sentencing Act of 2010 (``FSA''). The FSA addressed the 
``crack/powder'' disparity by raising the quantities of crack 
required to trigger the 5 and 10-year mandatory minimum 
sentences. In 2011, the Sentencing Commission promulgated an 
amendment that applied the FSA retroactively.\3\ However, the 
amendment did not allow for reductions below the mandatory 
minimum sentence. The effect of that is that offenders who 
received sentences just above the mandatory minimum because 
they had very little aggravating conduct, did not receive as 
much of a reduction as they could have; while offenders who 
received sentences well above the mandatory minimum potentially 
received a much larger reduction. H.R. 3713 does not provide 
full retroactivity for these crack offenders, but limits 
retroactivity to offenders who received a reduction to the 
mandatory minimum sentence, and offenders who did not receive a 
reduction because they were ineligible (because they were 
sentenced to the mandatory minimum and did not receive any 
additional time). It excludes offenders who received a 
reduction to a term above the mandatory minimum, and offenders 
whose prior motions for reduction in sentence were denied 
because the offender was deemed a danger to public safety, or 
because of the offender's post-sentencing conduct.
---------------------------------------------------------------------------
    \3\See United States Sentencing Commission, ``FREQUENTLY ASKED 
QUESTIONS: 2011 RETROACTIVE CRACK COCAINE GUIDELINE AMENDMENT,'' 
available at http://www.ussc.gov/policymaking/amendments/frequently-
asked-questions-2011-retroactive-crack-
cocaine-guideline-amendment.
---------------------------------------------------------------------------

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
3713. However, from June 2013 to August 2014, the Committee's 
Over-Criminalization Task Force held multiple hearings on 
criminal justice issues, including a hearing on the penalties 
associated with a Federal criminal conviction on Friday, May 
30, 2014.

                        Committee Consideration

    On November 18, 2015, the Committee met in open session and 
ordered the bill H.R. 3713 favorably reported, with an 
amendment, by voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 3713.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 3713, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 18, 2016.
Hon. Bob Goodlatte, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3713, the 
``Sentencing Reform Act of 2015.''
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Marin 
Burnett, who can be reached at 226-2860.
            Sincerely,
                                                Keith Hall,
                                                  Director.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member



               H.R. 3713--Sentencing Reform Act of 2015.

      As ordered reported by the House Committee on the Judiciary 
                         on November 18, 2015.




                                SUMMARY

    H.R. 3713 would amend Federal law to change the prison 
sentences associated with certain offenses. Based on 
information provided by the Department of Justice (DOJ) and the 
U.S. Sentencing Commission (USSC), CBO estimates that 
implementing the legislation would reduce the cost of 
incarcerating offenders and would lead to a reduction in 
discretionary costs to DOJ of $338 million over the 2017-2021 
period and $769 million over the 2017-2026 period, assuming 
future appropriation actions consistent with the projected 
reduction in prison population.
    CBO estimates that enacting H.R. 3713 would result in the 
release of thousands of prisoners from Federal prisons earlier 
than would occur under current law. CBO expects that upon 
release many of those individuals would receive Federal 
benefits from a variety of Federal programs including Medicare, 
Medicaid, and health insurance marketplaces; Social Security; 
Supplemental Security Income (SSI); and the Supplemental 
Nutrition Assistance Program (SNAP). As a result, CBO and staff 
of the Joint Committee on Taxation (JCT) estimate that enacting 
the legislation would increase direct spending by $259 million 
and reduce revenues by $8 million over the 2017-2026 period. 
Pay-as-you-go procedures apply to this legislation because it 
would affect direct spending and revenues.
    CBO estimates that enacting H.R. 3713 would not increase 
net direct spending or on-budget deficits by more than $5 
billion in any of the four consecutive 10-year periods 
beginning in 2027.
    H.R. 3713 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary effects of H.R. 3713 are shown in 
Table 1. The spending effects of this legislation fall within 
budget functions 550 (health), 570 (Medicare), 600 (income 
security), 650 (Social Security), and 750 (administration of 
justice).
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                           BASIS OF ESTIMATE

    For this estimate, CBO assumes that H.R. 3713 will be 
enacted near the end of 2016 and that future appropriations 
will be reduced consistent with the anticipated reductions in 
prison population stemming from modified sentencing 
requirements specified in the bill.
    The USSC guidelines differentiate the seriousness of 
offenses into 43 levels--the more serious the crime, the higher 
the offense level and the higher the potential sentence for 
conviction. On July 18, 2014, the USSC voted unanimously to 
apply Amendment 728. That amendment, sometimes referred to as 
``Drugs Minus Two,'' adjusted sentencing guidelines to lower 
the sentencing levels for certain drug-related offenses. That 
amendment took effect on November 1, 2015, and because it was 
applied retroactively, it provides for the early release of 
thousands of inmates. The ``Drugs Minus Two'' amendment will 
affect all drug sentencing, including sentences that would be 
affected under H.R. 3713.
    H.R. 3713 would amend current law to further reduce prison 
sentences for certain offenses. The legislation would change 
the manner in which sentences for particular crimes are 
calculated and determined. As a result, in qualifying cases, 
the sentencing court would be required to use the new 
guidelines provided by this legislation when calculating an 
appropriate sentence.
    Under the bill, some provisions could be applied 
retroactively. The new calculations would be applied to both 
new cases (lowering potential initial sentences) and to old 
ones (recalculating sentences in cases that would qualify for 
reconsideration). In cases where a provision could be applied 
retroactively, an inmate may petition the court for a new 
sentence that would follow the adjusted sentencing guidelines. 
The resulting sentence could make an existing inmate eligible 
for immediate or early release. Because the changes in 
sentencing calculations would result in the early release of 
many existing inmates and shorten sentences for those newly 
convicted, CBO expects that implementing the bill would reduce 
the number of individuals in Federal prisons relative to 
current law.
    By reducing the population of individuals in Federal 
prisons, CBO expects that H.R. 3713 would reduce DOJ's 
discretionary costs to operate the Federal prison systems, 
which are subject to appropriation. We also expect the 
legislation would increase mandatory spending for entitlement 
programs. Individuals released earlier than they would be under 
current law could be eligible for different entitlement 
programs, such as Medicare, Medicaid, and Social Security, if 
they meet the criteria for those programs. (Generally, 
prisoners are not eligible for entitlement programs while they 
are incarcerated.)
    CBO expects that under current law the number of 
individuals receiving sentences for offenses that would be 
affected by the legislation would remain at roughly the levels 
observed in recent years. The potential shift in the length of 
mandatory minimum sentences may have an affect on the behavior 
of prosecutors in those types of cases going forward but CBO 
cannot quantify those effects.
    Costs and savings under the bill were calculated using 
``person-years,'' which were derived from the number of inmates 
estimated to be eligible for release in each year. When a 
person is released from prison early, the prison space that 
would have been occupied by that inmate (and its associated 
costs) would be ``reduced'' in that year and all other years 
that they otherwise would have been incarcerated. The average 
cost to BOP per person-year changes with inflation, but is 
estimated to average about $13,000 over the 2017-2026 period. 
The budgetary effects of the various provisions of the bill 
would depend on the pace at which inmates would be released 
during that period.
Changes in Spending Subject to Appropriation
    CBO estimates that implementing H.R. 3713 would reduce 
prison costs by $338 million over the 2017-2021 period and $769 
million over the next 10 years (see Table 2). Those savings 
would stem primarily from reduced spending for prisoners' 
medical expenses and food as well as for utility expenses.
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    CBO estimates that H.R. 3713 would reduce the prison 
population relative to current law, which would reduce costs 
for operating the prison system. However, CBO does not expect 
there would be any savings from reductions in staffing because 
the Federal prison population currently exceeds its capacity. 
As the prison population decreases, the rate of hiring new 
staff for the corrections system could slow depending on DOJ's 
decisions about the desired ratio of inmates to staff. If DOJ 
elected to maintain the existing ratio of inmates to staff, 
then cost reductions under the bill would be greater as fewer 
staff would be needed to oversee a smaller prison population. 
If DOJ kept current staff levels constant, little or no 
reductions in staff costs would be realized. Based on 
information from DOJ, CBO expects that, because of the current 
level of prison overcrowding and the number of person-years 
saved by the legislation, DOJ would choose to maintain current 
staffing levels.
    Fair Sentencing Act Retroactivity. The Fair Sentencing Act 
of 2010 (FSA) reduced the statutory penalties for offenses 
involving possession of crack cocaine. H.R. 3713 would make 
provisions of FSA (as amended by this bill) retroactive. Based 
on information provided by the USSC, CBO estimates that making 
the amended provisions of FSA retroactive would reduce the 
number of prisoners by about 17,000 person-years over the 2017-
2021 period, which CBO estimates would reduce DOJ's costs by 
$209 million over that period. The reductions in prison costs 
from retroactively applying FSA would grow more slowly after 
2021 as the number of affected inmates would diminish in future 
years. CBO estimates that implementing this provision would 
reduce DOJ's costs by $343 million over the 2017-2026 period.
    Safety Valves. Under current law, persons convicted of 
drug-trafficking offenses may receive sentences below the 
mandatory minimum if they have only one prior Federal sentence 
of less than 60 days (which would give them one criminal 
history point) and meet other requirements.\1\ This exception 
to the minimum sentence is known as the ``safety valve.'' H.R. 
3713 would expand the prison population eligible for the safety 
valve to include inmates with four criminal history points as 
long each conviction carries only one point. That expansion 
would allow reduced sentences to apply to persons with up to 
four convictions that resulted in less than 60 days of total 
sentence, with certain restrictions. Additionally, the bill 
would create a second safety valve that would allow mandatory 
minimum sentences of 10 years to be shortened if the defendant 
meets specified criteria.
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    \1\Criminal history points are a tool used to determine the length 
of a defendant's prison sentence. Under the U.S. Federal Sentencing 
Guidelines, the permissible length for a defendant's prison sentence 
depends on the defendant's prior criminal history combined with the 
seriousness of the current offense.
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    Based on information provided by DOJ, CBO estimates that 
the expansion and creation of safety valves would reduce the 
number of prisoners over the 2017-2021 period by about 5,400 
person-years and by 17,000 person-years over the 2017-2026 
period and would reduce DOJ's costs by $70 million over the 
2017-2021 period and $233 million over the 2017-2026 period.
    Statutory Sentencing for Possession of a Firearm. H.R. 3713 
would increase the maximum sentence for the unlawful possession 
of a firearm by a convicted felon, and certain other offenders, 
from 10 years to 15 years. Simultaneously it would reduce the 
enhanced mandatory minimum for armed career criminals from 15 
years to 10 years. Prospectively, based on information from the 
USSC, CBO does not anticipate there would be any savings to the 
prison system from that provision over the 2017-2021 period. 
However, this provision could be applied retroactively, pending 
approval by a court.
    Based on information provided by the USSC on court approved 
reductions in sentences, CBO estimates that the retroactive 
effects of the provision would result in savings of 3,100 
person-years over the 2017-2021 period. CBO estimates that 
implementing this provision would reduce costs by $39 million 
over the 2017-2021 period and $120 million over the 2017-2026 
period.
    Mandatory Minimums for Prior Drug Offenses. H.R. 3713 would 
reduce mandatory minimum sentences for prior drug felons. The 
``three-strikes'' penalty would be reduced from life 
imprisonment to 25 years and 20-year minimum sentences would be 
reduced to 15 years.\2\ This section would also establish a 
mandatory prison term for a defendant who commits a drug 
offense involving a detectable amount of heroin containing 
fentanyl.
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    \2\The ``three strikes'' penalty significantly increases the prison 
sentence of persons who have two or more prior convictions and in some 
cases carries a mandatory life sentence.
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    Under current law a mandatory minimum sentence can apply to 
any repeat drug offense, whether the felony is serious or 
minor. The bill would change the criteria for the application 
of a mandatory minimum sentence to include only serious drug 
felonies and serious violent felonies.\3\ Those felonies are 
Federal or State-level crimes for which the maximum sentence is 
10 years or more. Including convictions for possession of 
heroin containing fentanyl and prior State-level crimes along 
with Federal, among those that may result in a mandatory 
minimum sentence for qualifying drug offenders would increase 
the number of person-years served and mitigates savings under 
this provision of the legislation. CBO decreased person-year 
savings by 25 percent to reflect an increase in prison 
sentences because of this provision.
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    \3\A serious drug felony is a Federal offense involving a 
controlled substance for which the maximum term of imprisonment is ten 
years or more, as defined in titles 18, 21, and 46 of the U.S. Code. A 
serious violent felony is a Federal offense consisting of murder, 
manslaughter, sexual abuse, use of a firearm, or other severe offense 
for which the maximum term of imprisonment is 10 years or more, as 
defined in section 3559 of title 18 of the U.S. Code.
---------------------------------------------------------------------------
    According to information from the USSC, savings for newly 
sentenced inmates under the lowered mandatory minimum would 
begin 15 years after sentencing, thus CBO estimates no savings 
over the next 10 years.
    This provision may be used to retroactively reduce 
sentences. Based on information provided by the USSC, CBO 
estimates that such reductions would result in a decrease of 
1,100 person-years over the 2017-2021 period, reducing costs by 
$15 million over the 2017-2021 period and $63 million over the 
2017-2026 period.
    Mandatory Minimums for Firearms Offenses. The bill would 
limit mandatory minimum sentences for offenses involving the 
use of a firearm in the commission of a drug-related or violent 
crime to offenders who have previously been convicted and have 
served a sentence for such an offense. The bill also would 
reduce that mandatory minimum from 25 years to 15 years. 
However, the bill would expand the list of offenses that may 
lead to a mandatory minimum sentence to include similar prior 
State-level convictions in which the offender carried, 
brandished, or used a firearm. This provision may be applied 
retroactively, but only after a court considers sentencing 
factors, including any danger the inmate may pose to society 
should they be released and whether or not they have engaged in 
misconduct during their time in prison.
    Based on information provided by the USSC, CBO estimates 
that the retroactive effects of this provision would result in 
a decrease of 350 person-years over the 2017-2021 period. The 
inclusion of similar State-level convictions among those that 
may result in a mandatory minimum sentence would increase the 
number of person-years served thereby partially offsetting 
those estimated reductions. CBO estimates that implementing 
this provision would reduce costs by $5 million over the 2017-
2021 period and $10 million over the 2017-2026 period.
    Other Costs. H.R. 3713 would impose costs on the Judiciary. 
As inmates were released from prison earlier than they would be 
under current law, a greater number of probation officers would 
be required to supervise them, thereby increasing costs. The 
bill also would increase the workload of judges and court 
officers as new requests for changes in sentencing are 
considered by the court and inmates are processed for earlier 
release. According to information from the Administrative 
Office of the United States Courts, the bill would increase 
costs to the Judiciary by less than $500,000 a year over the 
2017-2021 period.
Changes in Direct Spending and Revenues
    Under current law prisoners are generally ineligible to 
receive benefits from certain Federal programs, including 
Medicare, Medicaid, and health insurance marketplaces; Social 
Security; SSI; and SNAP. By accelerating the release of 
prisoners, CBO estimates that the bill would increase the 
number of people receiving benefits from those programs, 
resulting in an increase in direct spending totaling $258 
million over the 2017-2026 period (see Table 3).
    Medicaid. Based on research regarding the post-
incarceration income of felons, CBO estimates that about half 
of the prisoners released under this bill would have incomes 
below 138 percent of the Federal poverty line, the upper income 
eligibility threshold for adults made newly eligible for 
Medicaid under the Affordable Care Act (ACA). Of those who 
would qualify for Medicaid, about half would be eligible under 
pre-ACA eligibility categories and qualify for the standard 
Federal Medicaid matching rates (which average 57 percent 
nationally), and the other half would be eligible for the new 
eligibility category under the ACA and qualify for Federal 
matching rates that begin at 100 percent in 2016 and phasedown 
to 90 percent by 2020. CBO also expects that health care costs 
for former prisoners would be about 25 percent higher than for 
the average Medicaid beneficiary stemming from mental 
healthcare needs and substance abuse issues. CBO estimates that 
Medicaid spending for those former prisoners would total $80 
million over the 2017-2026 period.
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    Health Insurance Marketplaces. Based on research on the 
age, employment status, and post-incarceration income of 
felons, CBO and JCT estimate that about one-quarter of the 
prisoners released under the bill would obtain subsidized 
insurance through a health insurance marketplace. Accordingly, 
CBO and JCT estimate that the bill would increase premium 
assistance tax credits and cost-sharing subsidies provided 
through health insurance marketplaces by $62 million over the 
2017-2026 period. That increase in subsidies reflects a $53 
million increase in outlays and a $8 million decrease in 
revenues.\4\
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    \4\The subsidies for health insurance premiums are structured as 
refundable tax credits; following the usual procedures for such 
credits, CBO and JCT classify the portions that exceed taxpayers' 
income tax liabilities as outlays, and the portions that reduce tax 
payments as reductions in revenues. Cost-sharing subsidies are all 
classified as outlays.
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    Social Security and Medicare. Based on administrative data 
from the Social Security Administration, CBO estimates that 
about 4 percent of prisoners would receive Social Security 
benefits if they were not incarcerated. CBO applied that share 
to the estimated reduction in prisoners and estimates that 
enacting H.R. 3713 would increase Social Security spending by 
$34 million over the 2017-2026 period (that spending would be 
classified as off-budget). Most prisoners who would gain 
eligibility for Social Security under this proposal also would 
gain eligibility for Medicare benefits, at an estimated cost of 
$25 million over the 2017-2026 period.
    Supplemental Security Income. Using data from the Social 
Security Administration on SSI beneficiaries whose benefits 
were suspended while they were incarcerated, CBO estimates that 
10 percent of prisoners released under the bill would receive 
SSI benefits, at an estimated cost of $42 million over the 
2017-2026 period.
    Supplemental Nutrition Assistance Program. Based on 
research on the post-incarceration income of felons, CBO 
estimates that almost one-quarter of the prisoners released 
under the bill would receive SNAP benefits, at an estimated 
cost of $24 million over the 2017-2026 period. This estimate 
accounts for the fact that most States have taken the option 
under current law to modify or opt out of the ban on drug 
felons from receiving SNAP benefits.

                      PAY-AS-YOU-GO CONSIDERATIONS

    The Statutory Pay-As-You-Go Act of 2010 establishes budget-
reporting and enforcement procedures for legislation affecting 
direct spending or revenues. The net changes in outlays and 
revenues that are subject to those pay-as-you-go procedures are 
shown in the following table. Only on-budget changes to outlays 
or revenues are subject to pay-as-you-go procedures.
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          INCREASE IN LONG-TERM DIRECT SPENDING AND DEFICITS:

    CBO estimates that enacting H.R. 3713 would not increase 
net direct spending or on-budget deficits by more than $5 
billion in any of the four consecutive 10-year periods 
beginning in 2027.

        ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS

    H.R. 3713 contains no intergovernmental mandates as defined 
in UMRA.

                 ESTIMATED IMPACT ON THE PRIVATE SECTOR

    H.R. 3713 contains no private-sector mandates as defined in 
UMRA.

                         PREVIOUS CBO ESTIMATE

    On May 17, 2016, CBO transmitted a cost estimate for S. 
2123, the ``Sentencing Reform and Corrections Act of 2015,'' as 
reported by the Senate Committee on the Judiciary on October 
26, 2015. H.R. 3713 is similar to title 1 of S. 2123; however, 
H.R. 3713 would create new mandatory minimum sentences for 
possession of certain narcotics while S. 2123 would create new 
mandatory minimum sentences for different crimes. H.R. 3713 
also does not include changes to programs that aim to reduce 
recidivism that are in the Senate bill. Differences in the 
estimated budgetary effects of the two bills reflect those 
differences in legislative language.

                         ESTIMATE PREPARED BY:

Federal Costs: Marin Burnett (DOJ), Emily Stern (SSI), Kathleen 
    FitzGerald (SNAP), Robert Stewart (Medicaid), Katharine 
    Fritzsche (health insurance marketplaces), and Noah 
    Meyerson (Social Security and Medicare)
Revenues: Staff of the Joint Committee on Taxation
Impact on State, Local, and Tribal Governments: Leo Lex
Impact on the Private Sector: Paige Piper/Bach

                         ESTIMATE APPROVED BY:

H. Samuel Papenfuss, Deputy Assistant Director for Budget 
    Analysis

                    Duplication of Federal Programs

    No provision of H.R. 3713 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 3713 specifically directs 
to be completed no specific rule makings within the meaning of 
5 U.S.C. Sec. 551.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
3713, the Sentencing Reform Act of 2015, reforms mandatory 
minimum sentences for certain Federal drug offences; broadens 
the existing ``safety valve'' and creates a new, narrowly 
tailored safety valve for certain drug offenders; reforms 
sentences for certain firearms offenses; and applies the 
provisions of the Fair Sentencing Act of 2010 retroactively.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 3713 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Section 1. Short Title. This section cites the short title 
of the bill as the ``Sentencing Reform Act of 2015.''
    Section 2. Reduce and Restrict Enhanced Sentencing for 
Prior Drug Felonies. This section provides that an offender 
with prior conviction(s) for a ``serious violent felony''\4\ or 
a ``serious drug felony''\5\ may receive an enhanced sentence 
under 21 U.S.C. Sec. 841 (the Controlled Substances Act) or 21 
U.S.C. Sec. 960 (the Controlled Substances Import and Export 
Act). It reduces the three-strike mandatory life sentence to 25 
years and the two-strike sentence from 20 to 15 years. It 
includes a mandatory, consecutive, 5-year maximum sentencing 
enhancement for trafficking in heroin ``cut'' with fentanyl, or 
fentanyl sold as heroin. It applies the sentencing reductions 
retroactively, except for offenders who have prior serious 
violent felony convictions that resulted in a prison sentence 
of greater than 13 months.
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    \4\18 U.S.C. Sec. 3559(c)(2)(F).
    \5\18 U.S.C. Sec. 924(e)(2)(A).
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    Section 3. Broadening of Existing Safety Valve. This 
section expands the number of criminal history points that will 
allow an offender to be covered by the existing drug ``safety 
valve''\6\ from one point to four points. This expansion will 
apply to many offenders with prior misdemeanor convictions, but 
the legislation excludes offenders with prior 3-point felony 
convictions, or prior 2-point violent or drug trafficking 
convictions. For offenders with more than four points, this 
section allows courts to waive the criminal history requirement 
in the safety valve if the court finds, in writing, that the 
seriousness of the defendant's criminal history is 
substantially overrepresented, or that the defendant is 
unlikely to commit further crimes. However, any defendant who 
has been convicted of a serious drug felony or a serious 
violent felony is excluded from this ``overrepresentation'' 
provision. This section applies only prospectively.
---------------------------------------------------------------------------
    \6\18 U.S.C. Sec. 3559(f).
---------------------------------------------------------------------------
    Section 4. Limitation on Application of the 10-Year 
Mandatory Minimum. This section creates a second safety valve 
that will allow judges to sentence certain offenders below the 
10-year mandatory minimum. In cases involving a 10-year 
mandatory minimum sentence, if the defendant meets the 
following criteria, the court may impose a sentence as if the 
statutory minimum term of imprisonment was 5 years:

         LThe defendant does not have a prior 
        conviction for a serious drug felony or serious violent 
        felony (as defined in the legislation);

         LThe 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;

         LThe 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;

         LThe 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;\7\
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    \7\21 U.S.C. Sec. 848.

         LThe defendant did not distribute a controlled 
        substance to or with a person under 18 years of age; 
---------------------------------------------------------------------------
        and

         LNot 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.

    This section only applies prospectively.
    Section 5. Clarification of Section 924(c) of Title 18, 
United States Code. This section expands the enhanced penalties 
for violent firearms offenders to those with prior firearm 
convictions. It also revises section 924(c) of title 18 to 
address inappropriate ``stacking'' of Federal firearms charges. 
As the law currently reads, defendants who are convicted of a 
first offense under that section receive a mandatory, 
consecutive, minimum penalty of 5 years. For each ``second or 
subsequent offense,'' the penalty jumps to 25 years. In some 
cases, courts have interpreted ``second or subsequent'' to 
include multiple charges in the same indictment. In 
``stacking'' charges this way, some defendants have received 
inappropriately lengthy sentences. This section clarifies that 
an enhancement under 924(c) can only apply after a defendant 
has had an intervening conviction under 924(c) or under State 
law for the same conduct. This section also reduces the 
enhanced penalty from 25 to 15 years. This ``stacking'' fix 
applies retroactively, though the sentence reduction does not.
    Section 6. Amendment to Certain Penalties for Certain 
Firearm Offenses and Armed Career Criminal Provision. This 
section raises the statutory maximum for unlawful possession of 
firearms to 15 years, but lowers the enhanced mandatory minimum 
sentences for repeat offenders to 10 years. This change is 
intended to fix a loophole in the Federal firearm sentencing 
statutes.
    Section 7. Application of Fair Sentencing Act. This section 
permits certain offenders sentenced for crack offenses prior to 
the Fair Sentencing Act of 2010 (FSA) to have their sentences 
retroactively reduced. As noted above, it provides FSA 
retroactivity for offenders who have never received a 
reduction, who only received a reduction to the mandatory 
minimum, or for those who were ineligible because they were 
sentenced at the mandatory minimum.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                       CONTROLLED SUBSTANCES ACT

                   TITLE II--CONTROL AND ENFORCEMENT

Part A--Short Title; Findings and Declaration; Definitions

           *       *       *       *       *       *       *


                              definitions

  Sec. 102. As used in this title:
  (1) The term ``addict'' means any individual who habitually 
uses any narcotic drug so as to endanger the public morals, 
health, safety, or welfare, or who is so far addicted to the 
use of narcotic drugs as to have lost the power of self-control 
with reference to his addiction.
  (2) The term ``administer'' refers to the direct application 
of a controlled substance to the body of a patient or research 
subject by--
          (A) a practitioner (or, in his presence, by his 
        authorized agent), or
          (B) the patient or research subject at the direction 
        and in the presence of the practitioner,
whether such application be by injection, inhalation, 
ingestion, or any other means.
  (3) The term ``agent'' means an authorized person who acts on 
behalf of or at the direction of a manufacturer, distributor, 
or dispenser; except that such term does not include a common 
or contract carrier, public warehouseman, or employee of the 
carrier or warehouseman, when acting in the usual and lawful 
course of the carrier's or warehouseman's business.
  (4) The term ``Drug Enforcement Administration'' means the 
Drug Enforcement Administration in the Department of Justice.
  (5) The term ``control'' means to add a drug or other 
substance, or immediate precursor, to a schedule under part B 
of this title, whether by transfer from another schedule or 
otherwise.
  (6) The term ``controlled substance'' means a drug or other 
substance, or immediate precursor, included in schedule I, II, 
III, IV, or V of part B of this title. The term does not 
include distilled spirits, wine, malt beverages, or tobacco, as 
those terms are defined or used in subtitle E of the Internal 
Revenue Code of 1954.
  (7) The term ``counterfeit substance'' means a controlled 
substance which, or the container or labeling of which, without 
authorization, bears the trademark, trade name, or other 
identifying mark, imprint, number, or device, or any likeness 
thereof, of a manufacturer, distributor, or dispenser other 
than the person or persons who in fact manufactured, 
distributed, or dispensed such substance and which thereby 
falsely purports or is represented to be the product of, or to 
have been distributed by, such other manufacturer, distributor, 
or dispenser.
  (8) The terms ``deliver'' or ``delivery'' mean the actual, 
constructive, or attempted transfer of a controlled substance 
or a listed chemical, whether or not there exists an agency 
relationship.
  (9) The term ``depressant or stimulant substance'' means--
          (A) a drug which contains any quantity of barbituric 
        acid or any of the salts of barbituric acid; or
          (B) a drug which contains any quantity of (i) 
        amphetamine or any of its optical isomers; (ii) any 
        salt of amphetamine or any salt of an optical isomer of 
        amphetamine; or (iii) any substance which the Attorney 
        General, after investigation, has found to be, and by 
        regulation designated as, habit forming because of its 
        stimulant effect on the central nervous system; or
          (C) lysergic acid diethylamide; or
          (D) any drug which contains any quantity of a 
        substance which the Attorney General, after 
        investigation, has found to have, and by regulation 
        designated as having, a potential for abuse because of 
        its depressant or stimulant effect on the central 
        nervous system or its hallucinogenic effect.
  (10) The term ``dispense'' means to deliver a controlled 
substance to an ultimate user or research subject by, or 
pursuant to the lawful order of, a practitioner, including the 
prescribing and administering of a controlled substance and the 
packaging, labeling, or compounding necessary to prepare the 
substance for such delivery. The term ``dispenser'' means a 
practitioner who so delivers a controlled substance to an 
ultimate user or research subject.
  (11) The term ``distribute'' means to deliver (other than by 
administering or dispensing) a controlled substance or a listed 
chemical. The term ``distributor'' means a person who so 
delivers a controlled substance or a listed chemical.
  (12) The term ``drug'' has the meaning given that term by 
section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act.
  (13) The term ``felony'' means any Federal or State offense 
classified by applicable Federal or State law as a felony.
  (14) The term ``isomer'' means the optical isomer, except as 
used in schedule I(c) and schedule II(a)(4). As used in 
schedule I(c), the term ``isomer'' means any optical, 
positional, or geometric isomer. As used in schedule II(a)(4), 
the term ``isomer'' means any optical or geometric isomer.
  (15) The term ``manufacture'' means the production, 
preparation, propagation, compounding, or processing of a drug 
or other substance, either directly or indirectly or by 
extraction from substances of natural origin, or independently 
by means of chemical synthesis or by a combination of 
extraction and chemical synthesis, and includes any packaging 
or repackaging of such substance or labeling or relabeling of 
its container; except that such term does not include the 
preparation, compounding, packaging, or labeling of a drug or 
other substance in conformity with applicable State or local 
law by a practitioner as an incident to his administration or 
dispensing of such drug or substance in the course of his 
professional practice. The term ``manufacturer'' means a person 
who manufactures a drug or other substance.
  (16) The term ``marihuana'' means all parts of the plant 
Cannabis sativa L., whether growing or not; the seeds thereof; 
the resin extracted from any part of such plant; and every 
compound, manufacture, salt, derivative, mixture, or 
preparation of such plant, its seeds or resin. Such term does 
not include the mature stalks of such plant, fiber produced 
from such stalks, oil or cake made from the seeds of such 
plant, any other compound, manufacture, salt, derivative, 
mixture, or preparation of such mature stalks (except the resin 
extracted therefrom), fiber, oil, or cake, or the sterilized 
seed of such plant which is incapable of germination.
  (17) The term ``narcotic drug'' means any of the following 
whether produced directly or indirectly by extraction from 
substances of vegetable origin, or independently by means of 
chemical synthesis, or by a combination of extraction and 
chemical synthesis:
          (A) Opium, opiates, derivatives of opium and opiates, 
        including their isomers, esters, whenever the existence 
        of such isomers, esters, ethers, and salts is possible 
        within the specific chemical designation. Such term 
        does not include the isoquinoline alkaloids of opium.
          (B) Poppy straw and concentrate of poppy straw.
          (C) Coca leaves, except coca leaves and extracts of 
        coca leaves from which cocaine, ecgonine, and 
        derivatives of ecgonine or their salts have been 
        removed.
          (D) Cocaine, its salts, optical and geometric 
        isomers, and salts of isomers.
          (E) Ecgonine, its derivatives, their salts, isomers, 
        and salts of isomers.
          (F) Any compound, mixture, or preparation which 
        contains any quantity of any of the substances referred 
        to in subparagraphs (A) through (E).
  (18) The term ``opiate'' means any drug or other substance 
having an addiction-forming or addiction-sustaining liability 
similar to morphine or being capable of conversion into a drug 
having such addiction-forming or addiction-sustaining 
liability.
  (19) The term ``opium poppy'' means the plant of the species 
Papaver somniferum L., except the seed thereof.
  (20) The term ``poppy straw'' means all parts, except the 
seeds, of the opium poppy, after mowing.
  (21) The term ``practitioner'' means a physician, dentist, 
veterinarian, scientific investigator, pharmacy, hospital, or 
other person licensed, registered, or otherwise permitted, by 
the United States or the jurisdiction in which he practices or 
does research, to distribute, dispense, conduct research with 
respect to, administer, or use in teaching or chemical 
analysis, a controlled substance in the course of professional 
practice or research.
  (22) The term ``production'' includes the manufacture, 
planting, cultivation, growing, or harvesting of a controlled 
substance.
  (23) The term ``immediate precursor'' means a substance--
          (A) which the Attorney General has found to be and by 
        regulation designated as being the principal compound 
        used, or produced primarily for use, in the manufacture 
        of a controlled substance;
          (B) which is an immediate chemical intermediary used 
        or likely to be used in the manufacture of such 
        controlled substance; and
          (C) the control of which is necessary to prevent, 
        curtail, or limit the manufacture of such controlled 
        substance.
  (24) The term ``Secretary'', unless the context otherwise 
indicates, means the Secretary of Health, Education, and 
Welfare.
  (25) The term ``serious bodily injury'' means bodily injury 
which involves--
          (A) a substantial risk of death;
          (B) protracted and obvious disfigurement; or
          (C) protracted loss or impairment of the function of 
        a bodily member, or organ, or mental faculty.
          (26) The term ``State'' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
  (27) The term ``ultimate user'' means a person who has 
lawfully obtained, and who possesses, a controlled substance 
for his own use or for the use of a member of his household or 
for an animal owned by him or by a member of his household.
  (28) The term ``United States'', when used in a geographic 
sense, means all places and waters, continental or insular, 
subject to the jurisdiction of the United States.
  (29) The term ``maintenance treatment'' means the dispensing, 
for a period in excess of twenty-one days, of a narcotic drug 
in the treatment of an individual for dependence upon heroin or 
other morphine-like drugs.
  (30) The term ``detoxification treatment'' means the 
dispensing, for a period not in excess of one hundred and 
eighty days, of a narcotic drug in decreasing doses to an 
individual in order to alleviate adverse physiological or 
psychological effects incident to withdrawal from the 
continuous or sustained use of a narcotic drug and as a method 
of bringing the individual to a narcotic drug-free state within 
such period.
  (31) The term ``Convention on Psychotropic Substances'' means 
the Convention on Psychotropic Substances signed at Vienna, 
Austria, on February 21, 1971; and the term ``Single Convention 
on Narcotic Drugs'' means the Single Convention on Narcotic 
Drugs signed at New York, New York, on March 30, 1961.
  (32)(A) Except as provided in subparagraph (C), the term 
``controlled substance analogue'' means a substance--
          (i) the chemical structure of which is substantially 
        similar to the chemical structure of a controlled 
        substance in schedule I or II;
          (ii) which has a stimulant, depressant, or 
        hallucinogenic effect on the central nervous system 
        that is substantially similar to or greater than the 
        stimulant, depressant, or hallucinogenic effect on the 
        central nervous system of a controlled substance in 
        schedule I or II; or
          (iii) with respect to a particular person, which such 
        person represents or intends to have a stimulant, 
        depressant, or hallucinogenic effect on the central 
        nervous system that is substantially similar to or 
        greater than the stimulant, depressant, or 
        hallucinogenic effect on the central nervous system of 
        a controlled substance in schedule I or II.
  (B) The designation of gamma butyrolactone or any other 
chemical as a listed chemical pursuant to paragraph (34) or 
(35) does not preclude a finding pursuant to subparagraph (A) 
of this paragraph that the chemical is a controlled substance 
analogue.
  (C) Such term does not include--
          (i) a controlled substance;
          (ii) any substance for which there is an approved new 
        drug application;
          (iii) with respect to a particular person any 
        substance, if an exemption is in effect for 
        investigational use, for that person, under section 505 
        of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
        355) to the extent conduct with respect to such 
        substance is pursuant to such exemption; or
          (iv) any substance to the extent not intended for 
        human consumption before such an exemption takes effect 
        with respect to that substance.
  (33) The term ``listed chemical'' means any list I chemical 
or any list II chemical.
  (34) The term ``list I chemical'' means a chemical specified 
by regulation to the Attorney General as a chemical that is 
used in manufacturing a controlled substance in violation of 
this title and is important to the manufacture of the 
controlled substances, and such term includes (until otherwise 
specified by regulation of the Attorney General, as considered 
appropriate by the Attorney General or upon petition to the 
Attorney General by any person) the following:
          (A) Anthranilic acid, its esters, and its salts.
          (B) Benzyl cyanide.
          (C) Ephedrine, its salts, optical isomers, and salts 
        of optical isomers.
          (D) Ergonovine and its salts.
          (E) Ergotamine and its salts.
          (F) N-Acetylanthranilic acid, its esters, and its 
        salts.
          (G) Norpseudoephedrine, its salts, optical isomers, 
        and salts of
          (H) Phenylacetic acid, its esters, and its salts.
          (I) Phenylpropanolamine, its salts, optical isomers, 
        and salts of optical isomers.
          (J) Piperidine and its salts.
          (K) Pseudoephedrine, its salts, optical isomers, and 
        salts of optical isomers.
          (L) 3,4-Methylenedioxyphenyl-2-propanone.
          (M) Methylamine.
          (N) Ethylamine.
          (O) Propionic anhydride.
          (P) Isosafrole.
          (Q) Safrole.
          (R) Piperonal.
          (S) N-Methylephedrine.
          (T) N-methylpseudoephedrine.
          (U) Hydriodic acid.
          (V) Benzaldehyde.
          (W) Nitroethane.
          (X) Gamma butyrolactone.
          (Y) Any salt, optical isomer, or salt of an optical 
        isomer of the chemicals listed in subparagraphs (M) 
        through (U) of this paragraph.
  (35) The term ``list II chemical'' means a chemical (other 
than a list I chemical) specified by regulation of the Attorney 
General as a chemical that is used in manufacturing a 
controlled substance in violation of this title, and such term 
includes (until otherwise specified by regulation of the 
Attorney General, as considered appropriate by the Attorney 
General or upon petition to the Attorney General by any person) 
the following chemicals:
          (A) Acetic anhydride.
          (B) Acetone.
          (C) Benzyl chloride.
          (D) Ethyl ether.
          (F) Potassium permanaganate.
          (G) 2-Butanone (or Methyl Ethyl Ketone).
          (H) Toluene.
          (I) Iodine.
          (J) Hydrochloric gas.
  (36) The term ``regular customer'' means, with respect to a 
regulated person, a customer with whom the regulated person has 
an established business relationship that is reported to the 
Attorney General.
  (37) The term ``regular importer'' means, with respect to a 
listed chemical, a person that has an established record as an 
importer of that listed chemical that is reported to the 
Attorney General.
  (38) The term ``regulated person'' means a person who 
manufactures, distributes, imports, or exports a listed 
chemical, a tableting machine, or an encapsulating machine or 
who acts as a broker or trader for an international transaction 
involving a listed chemical, a tableting machine, or an 
encapsulating machine.
  (39) The term ``regulated transaction'' means--
          (A) a distribution, receipt, sale, importation, or 
        exportation of, or an international transaction 
        involving shipment of, a listed chemical, or if the 
        Attorney General establishes a threshold amount for a 
        specific listed chemical, a threshold amount, including 
        a cumulative threshold amount for multiple transactions 
        (as determined by the Attorney General, in consultation 
        with the chemical industry and taking into 
        consideration the quantities normally used for lawful 
        purposes), of a listed chemical, except that such term 
        does not include--
                  (i) a domestic lawful distribution in the 
                usual course of business between agents or 
                employees of a single regulated person;
                  (ii) a delivery of a listed chemical to or by 
                a common or contract carrier for carriage in 
                the lawful and usual course of the business of 
                the common or contract carrier, or to or by a 
                warehouseman for storage in the lawful and 
                usual course of the business of the 
                warehouseman, except that if the carriage or 
                storage is in connection with the distribution, 
                importation, or exportation of a listed 
                chemical to a third person, this clause does 
                not relieve a distributor, importer, or 
                exporter from compliance with section 310;
                  (iii) any category of transaction or any 
                category of transaction for a specific listed 
                chemical or chemicals specified by regulation 
                of the Attorney General as excluded from this 
                definition as unnecessary for enforcement of 
                this title or title III;
                  (iv) any transaction in a listed chemical 
                that is contained in a drug that may be 
                marketed or distributed lawfully in the United 
                States under the Federal Food, Drug, and 
                Cosmetic Act, subject to clause (v), unless--
                          (I) the Attorney General has 
                        determined under section 204 that the 
                        drug or group of drugs is being 
                        diverted to obtain the listed chemical 
                        for use in the illicit production of a 
                        controlled substance; and
                          (II) the quantity of the listed 
                        chemical contained in the drug included 
                        in the transaction or multiple 
                        transactions equals or exceeds the 
                        threshold established for that chemical 
                        by the Attorney General;
                  (v) any transaction in a scheduled listed 
                chemical product that is a sale at retail by a 
                regulated seller or a distributor required to 
                submit reports under section 310(b)(3); or
                  (vi) any transaction in a chemical mixture 
                which the Attorney General has by regulation 
                designated as exempt from the application of 
                this title and title III based on a finding 
                that the mixture is formulated in such a way 
                that it cannot be easily used in the illicit 
                production of a controlled substance and that 
                the listed chemical or chemicals contained in 
                the mixture cannot be readily recovered; and
          (B) a distribution, importation, or exportation of a 
        tableting machine or encapsulating machine.
  (40) The term ``chemical mixture'' means a combination of two 
or more chemical substances, at least one of which is not a 
list I chemical or a list II chemical, except that such term 
does not include any combination of a list I chemical or a list 
II chemical with another chemical that is present solely as an 
impurity.
  (41)(A) The term ``anabolic steroid'' means any drug or 
hormonal substance, chemically and pharmacologically related to 
testosterone (other than estrogens, progestins, 
corticosteroids, and dehydroepiandrosterone), and includes--
          (i) androstanediol--
                  (I) 3b,17b-dihydroxy-5a-androstane; and
                  (II) 3a,17b-dihydroxy-5a-androstane;
          (ii) androstanedione (5a-androstan-3,17-dione);
          (iii) androstenediol--
                  (I) 1-androstenediol (3b,17b-dihydroxy-5a-
                androst-1-ene);
                  (II) 1-androstenediol (3a,17b-dihydroxy-5a-
                androst-1-ene);
                  (III) 4-androstenediol (3b,17b-dihydroxy-
                androst-4-ene); and
                  (IV) 5-androstenediol (3b,17b-dihydroxy-
                androst-5-ene);
          (iv) androstenedione--
                  (I) 1-androstenedione ([5a]-androst-1-en-
                3,17-dione);
                  (II) 4-androstenedione (androst-4-en-3,17-
                dione); and
                  (III) 5-androstenedione (androst-5-en-3,17-
                dione);
          (v) bolasterone (7a,17a-dimethyl-17b-hydroxyandrost-
        4-en-3-one);
          (vi) boldenone (17b-hydroxyandrost-1,4,-diene-3-one);
          (vii) calusterone (7b,17a-dimethyl-17b-
        hydroxyandrost-4-en-3-one);
          (viii) clostebol (4-chloro-17b-hydroxyandrost-4-en-3-
        one);
          (ix) dehydrochloromethyltestosterone (4-chloro-17b-
        hydroxy-17a-methyl-androst-1,4-dien-3-one);
          (x) 1-dihydrotestosterone (a.k.a. ``1-
        testosterone'') (17b-hydroxy-5a-androst-1-en-3-one);
          (xi) 4-dihydrotestosterone (17b-hydroxy-androstan-3-
        one);
          (xii) drostanolone (17b-hydroxy-2a-methyl-5a-
        androstan-3-one);
          (xiii) ethylestrenol (17a-ethyl-17b-hydroxyestr-4-
        ene);
          (xiv) fluoxymesterone (9-fluoro-17a-methyl-11b,17b-
        dihydroxyandrost-4-en-3-one);
          (xv) formebolone (2-formyl-17a-methyl-11a,17b-
        dihydroxyandrost-1,4-dien-3-one);
          (xvi) furazabol (17a-methyl-17b-
        hydroxyandrostano[2,3-c]-furazan);
          (xvii) 13b-ethyl-17b-hydroxygon-4-en-3-one;
          (xviii) 4-hydroxytestosterone (4,17b-dihydroxy-
        androst-4-en-3-one);
          (xix) 4-hydroxy-19-nortestosterone (4,17b-dihydroxy-
        estr-4-en-3-one);
          (xx) mestanolone (17a-methyl-17b-hydroxy-5a-
        androstan-3-one);
          (xxi) mesterolone (1a-methyl-17b-hydroxy-[5a]-
        androstan-3-one);
          (xxii) methandienone (17a-methyl-17b-hydroxyandrost-
        1,4-dien-3-one);
          (xxiii) methandriol (17a-methyl-3b,17b-
        dihydroxyandrost-5-ene);
          (xxiv) methenolone (1-methyl-17b-hydroxy-5a-androst-
        1-en-3-one);
          (xxv) 17a-methyl-3b, 17b-dihydroxy-5a-androstane;
          (xxvi) 17a-methyl-3a,17b-dihydroxy-5a-androstane;
          (xxvii) 17a-methyl-3b,17b-dihydroxyandrost-4-ene.
          (xxviii) 17a-methyl-4-hydroxynandrolone (17a-methyl-
        4-hydroxy-17b-hydroxyestr-4-en-3-one);
          (xxix) methyldienolone (17a-methyl-17b-hydroxyestra-
        4,9(10)-dien-3-one);
          (xxx) methyltrienolone (17a-methyl-17b-hydroxyestra-
        4,9-11-trien-3-one);
          (xxxi) methyltestosterone (17a-methyl-17b-
        hydroxyandrost-4-en-3-one);
          (xxxii) mibolerone (7a,17a-dimethyl-17b-hydroxyestr-
        4-en-3-one);
          (xxxiii) 17a-methyl-D1-dihydrotestosterone (17b-
        hydroxy-17a-methyl-5a-androst-1-en-3-one) (a.k.a. ``17-
        a-methyl-1-testosterone'');
          (xxxiv) nandrolone (17b-hydroxyestr-4-en-3-one);
          (xxxv) norandrostenediol--
                  (I) 19-nor-4-androstenediol (3b, 17b-
                dihydroxyestr-4-ene);
                  (II) 19-nor-4-androstenediol (3a, 17b-
                dihydroxyestr-4-ene);
                  (III) 19-nor-5-androstenediol (3b, 17b-
                dihydroxyestr-5-ene); and
                  (IV) 19-nor-5-androstenediol (3a, 17b-
                dihydroxyestr-5-ene);
          (xxxvi) norandrostenedione--
                  (I) 19-nor-4-androstenedione (estr-4-en-3,17-
                dione); and
                  (II) 19-nor-5-androstenedione (estr-5-en-
                3,17-dione;
          (xxxvii) norbolethone (13b,17a-diethyl-17b-
        hydroxygon-4-en-3-one);
          (xxxviii) norclostebol (4-chloro-17b-hydroxyestr-4-
        en-3-one);
          (xxxix) norethandrolone (17a-ethyl-17b-hydroxyestr-4-
        en-3-one);
          (xl) normethandrolone (17a-methyl-17b-hydroxyestr-4-
        en-3-one);
          (xli) oxandrolone (17a-methyl-17b-hydroxy-2-oxa-[5a]-
        androstan-3-one);
          (xlii) oxymesterone (17a-methyl-4,17b-
        dihydroxyandrost-4-en-3-one);
          (xliii) oxymetholone (17a-methyl-2-hydroxymethylene-
        17b-hydroxy-[5a]-androstan-3-one);
          (xliv) stanozolol (17a-methyl-17b-hydroxy-[5a]-
        androst-2-eno[3,2-c]-pyrazole);
          (xlv) stenbolone (17b-hydroxy-2-methyl-[5a]-androst-
        1-en-3-one);
          (xlvi) testolactone (13-hydroxy-3-oxo-13,17-
        secoandrosta-1,4-dien-17-oic acid lactone);
          (xlvii) testosterone (17b-hydroxyandrost-4-en-3-one);
          (xlviii) tetrahydrogestrinone (13b,17a-diethyl-17b-
        hydroxygon-4,9,11-trien-3-one);
          (xlix) trenbolone (17b-hydroxyestr-4,9,11-trien-3-
        one);
          (l) 5a-Androstan-3,6,17-trione;
          (li) 6-bromo-androstan-3,17-dione;
          (lii) 6-bromo-androsta-1,4-diene-3,17-dione;
          (liii) 4-chloro-17a-methyl-androsta-1,4-diene-3,17b-
        diol;
          (liv) 4-chloro-17a-methyl-androst-4-ene-3b,17b-diol;
          (lv) 4-chloro-17a-methyl-17b-hydroxy-androst-4-en-3-
        one;
          (lvi) 4-chloro-17a-methyl-17b-hydroxy-androst-4-ene-
        3,11-dione;
          (lvii) 4-chloro-17a-methyl-androsta-1,4-diene-3,17b-
        diol;
          (lviii) 2a,17a-dimethyl-17b-hydroxy-5a-androstan-3-
        one;
          (lix) 2a,17a-dimethyl-17b-hydroxy-5b-androstan-3-one;
          (lx) 2a,3a-epithio-17a-methyl-5a-androstan-17b-ol;
          (lxi) [3,2-c]-furazan-5a-androstan-17b-ol;
          (lxii) 3b-hydroxy-estra-4,9,11-trien-17-one;
          (lxiii) 17a-methyl-androst-2-ene-3,17b-diol;
          (lxiv) 17a-methyl-androsta-1,4-diene-3,17b-diol;
          (lxv) Estra-4,9,11-triene-3,17-dione;
          (lxvi) 18a-Homo-3-hydroxy-estra-2,5(10)-dien-17-one;
          (lxvii) 6a-Methyl-androst-4-ene-3,17-dione;
          (lxviii) 17a-Methyl-androstan-3-hydroxyimine-17b-ol;
          (lxix) 17a-Methyl-5a-androstan-17b-ol;
          (lxx) 17b-Hydroxy-androstano[2,3-d]isoxazole;
          (lxxi) 17b-Hydroxy-androstano[3,2-c]isoxazole;
          (lxxii) 4-Hydroxy-androst-4-ene-3,17-dione[3,2-
        c]pyrazole-5a-androstan-17b-ol;
          (lxxiii) [3,2-c]pyrazole-androst-4-en-17b-ol;
          (lxxiv) [3,2-c]pyrazole-5a-androstan-17b-ol; and
          (lxxv) any salt, ester, or ether of a drug or 
        substance described in this paragraph.
The substances excluded under this subparagraph may at any time 
be scheduled by the Attorney General in accordance with the 
authority and requirements of subsections (a) through (c) of 
section 201.
          (B)(i) Except as provided in clause (ii), such term 
        does not include an anabolic steroid which is expressly 
        intended for administration through implants to cattle 
        or other nonhuman species and which has been approved 
        by the Secretary of Health and Human Services for such 
        administration.
          (ii) If any person prescribes, dispenses, or 
        distributes such steroid for human use, such person 
        shall be considered to have prescribed, dispensed, or 
        distributed an anabolic steroid within the meaning of 
        subparagraph (A).
  (C)(i) Subject to clause (ii), a drug or hormonal substance 
(other than estrogens, progestins, corticosteroids, and 
dehydroepiandrosterone) that is not listed in subparagraph (A) 
and is derived from, or has a chemical structure substantially 
similar to, 1 or more anabolic steroids listed in subparagraph 
(A) shall be considered to be an anabolic steroid for purposes 
of this Act if--
          (I) the drug or substance has been created or 
        manufactured with the intent of producing a drug or 
        other substance that either--
                  (aa) promotes muscle growth; or
                  (bb) otherwise causes a pharmacological 
                effect similar to that of testosterone; or
          (II) the drug or substance has been, or is intended 
        to be, marketed or otherwise promoted in any manner 
        suggesting that consuming it will promote muscle growth 
        or any other pharmacological effect similar to that of 
        testosterone.
  (ii) A substance shall not be considered to be a drug or 
hormonal substance for purposes of this subparagraph if it--
          (I) is--
                  (aa) an herb or other botanical;
                  (bb) a concentrate, metabolite, or extract 
                of, or a constituent isolated directly from, an 
                herb or other botanical; or
                  (cc) a combination of 2 or more substances 
                described in item (aa) or (bb);
          (II) is a dietary ingredient for purposes of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
        seq.); and
          (III) is not anabolic or androgenic.
  (iii) In accordance with section 515(a), any person claiming 
the benefit of an exemption or exception under clause (ii) 
shall bear the burden of going forward with the evidence with 
respect to such exemption or exception.
  (42) The term ``international transaction'' means a 
transaction involving the shipment of a listed chemical across 
an international border (other than a United States border) in 
which a broker or trader located in the United States 
participates.
  (43) The terms ``broker'' and ``trader'' mean a person that 
assists in arranging an international transaction in a listed 
chemical by--
          (A) negotiating contracts;
          (B) serving as an agent or intermediary; or
          (C) bringing together a buyer and seller, a buyer and 
        transporter, or a seller and transporter.
  (44) The term ``felony drug offense'' means an offense that 
is punishable by imprisonment for more than one year under any 
law of the United States or of a State or foreign country that 
prohibits or restricts conduct relating to narcotic drugs, 
marihuana, anabolic steroids, or depressant or stimulant 
substances.
  (45)(A) The term ``scheduled listed chemical product'' means, 
subject to subparagraph (B), a product that--
          (i) contains ephedrine, pseudoephedrine, or 
        phenylpropanolamine; and
          (ii) may be marketed or distributed lawfully in the 
        United States under the Federal, Food, Drug, and 
        Cosmetic Act as a nonprescription drug.
Each reference in clause (i) to ephedrine, pseudoephedrine, or 
phenylpropanolamine includes each of the salts, optical 
isomers, and salts of optical isomers of such chemical.
  (B) Such term does not include a product described in 
subparagraph (A) if the product contains a chemical specified 
in such subparagraph that the Attorney General has under 
section 201(a) added to any of the schedules under section 
202(c). In the absence of such scheduling by the Attorney 
General, a chemical specified in such subparagraph may not be 
considered to be a controlled substance.
  (46) The term ``regulated seller'' means a retail distributor 
(including a pharmacy or a mobile retail vendor), except that 
such term does not include an employee or agent of such 
distributor.
  (47) The term ``mobile retail vendor'' means a person or 
entity that makes sales at retail from a stand that is intended 
to be temporary, or is capable of being moved from one location 
to another, whether the stand is located within or on the 
premises of a fixed facility (such as a kiosk at a shopping 
center or an airport) or whether the stand is located on 
unimproved real estate (such as a lot or field leased for 
retail purposes).
  (48) The term ``at retail'', with respect to the sale or 
purchase of a scheduled listed chemical product, means a sale 
or purchase for personal use, respectively.
          (49)(A) The term ``retail distributor'' means a 
        grocery store, general merchandise store, drug store, 
        or other entity or person whose activities as a 
        distributor relating to ephedrine, pseudoephedrine, or 
        phenylpropanolamine products are limited almost 
        exclusively to sales for personal use, both in number 
        of sales and volume of sales, either directly to walk-
        in customers or in face-to-face transactions by direct 
        sales.
          (B) For purposes of this paragraph, entities are 
        defined by reference to the Standard Industrial 
        Classification (SIC) code, as follows:
                  (i) A grocery store is an entity within SIC 
                code 5411.
                  (ii) A general merchandise store is an entity 
                within SIC codes 5300 through 5399 and 5499.
                  (iii) A drug store is an entity within SIC 
                code 5912.
  (50) The term ``Internet'' means collectively the myriad of 
computer and telecommunications facilities, including equipment 
and operating software, which comprise the interconnected 
worldwide network of networks that employ the Transmission 
Control Protocol/Internet Protocol, or any predecessor or 
successor protocol to such protocol, to communicate information 
of all kinds by wire or radio.
  (51) The term ``deliver, distribute, or dispense by means of 
the Internet'' refers, respectively, to any delivery, 
distribution, or dispensing of a controlled substance that is 
caused or facilitated by means of the Internet.
  (52) The term ``online pharmacy''--
          (A) means a person, entity, or Internet site, whether 
        in the United States or abroad, that knowingly or 
        intentionally delivers, distributes, or dispenses, or 
        offers or attempts to deliver, distribute, or dispense, 
        a controlled substance by means of the Internet; and
          (B) does not include--
                  (i) manufacturers or distributors registered 
                under subsection (a), (b), (d), or (e) of 
                section 303 who do not dispense controlled 
                substances to an unregistered individual or 
                entity;
                  (ii) nonpharmacy practitioners who are 
                registered under section 303(f) and whose 
                activities are authorized by that registration;
                  (iii) any hospital or other medical facility 
                that is operated by an agency of the United 
                States (including the Armed Forces), provided 
                such hospital or other facility is registered 
                under section 303(f);
                  (iv) a health care facility owned or operated 
                by an Indian tribe or tribal organization, only 
                to the extent such facility is carrying out a 
                contract or compact under the Indian Self-
                Determination and Education Assistance Act;
                  (v) any agent or employee of any hospital or 
                facility referred to in clause (iii) or (iv), 
                provided such agent or employee is lawfully 
                acting in the usual course of business or 
                employment, and within the scope of the 
                official duties of such agent or employee, with 
                such hospital or facility, and, with respect to 
                agents or employees of health care facilities 
                specified in clause (iv), only to the extent 
                such individuals are furnishing services 
                pursuant to the contracts or compacts described 
                in such clause;
                  (vi) mere advertisements that do not attempt 
                to facilitate an actual transaction involving a 
                controlled substance;
                  (vii) a person, entity, or Internet site that 
                is not in the United States and does not 
                facilitate the delivery, distribution, or 
                dispensing of a controlled substance by means 
                of the Internet to any person in the United 
                States;
                  (viii) a pharmacy registered under section 
                303(f) whose dispensing of controlled 
                substances via the Internet consists solely 
                of--
                          (I) refilling prescriptions for 
                        controlled substances in schedule III, 
                        IV, or V, as defined in paragraph (55); 
                        or
                          (II) filling new prescriptions for 
                        controlled substances in schedule III, 
                        IV, or V, as defined in paragraph (56); 
                        or
                  (ix) any other persons for whom the Attorney 
                General and the Secretary have jointly, by 
                regulation, found it to be consistent with 
                effective controls against diversion and 
                otherwise consistent with the public health and 
                safety to exempt from the definition of an 
                ``online pharmacy''.
  (53) The term ``homepage'' means the opening or main page or 
screen of the website of an online pharmacy that is viewable on 
the Internet.
  (54) The term ``practice of telemedicine'' means, for 
purposes of this title, the practice of medicine in accordance 
with applicable Federal and State laws by a practitioner (other 
than a pharmacist) who is at a location remote from the patient 
and is communicating with the patient, or health care 
professional who is treating the patient, using a 
telecommunications system referred to in section 1834(m) of the 
Social Security Act, which practice--
          (A) is being conducted--
                  (i) while the patient is being treated by, 
                and physically located in, a hospital or clinic 
                registered under section 303(f); and
                  (ii) by a practitioner--
                          (I) acting in the usual course of 
                        professional practice;
                          (II) acting in accordance with 
                        applicable State law; and
                          (III) registered under section 303(f) 
                        in the State in which the patient is 
                        located, unless the practitioner--
                                  (aa) is exempted from such 
                                registration in all States 
                                under section 302(d); or
                                  (bb) is--
                                          (AA) an employee or 
                                        contractor of the 
                                        Department of Veterans 
                                        Affairs who is acting 
                                        in the scope of such 
                                        employment or contract; 
                                        and
                                          (BB) registered under 
                                        section 303(f) in any 
                                        State or is utilizing 
                                        the registration of a 
                                        hospital or clinic 
                                        operated by the 
                                        Department of Veterans 
                                        Affairs registered 
                                        under section 303(f);
          (B) is being conducted while the patient is being 
        treated by, and in the physical presence of, a 
        practitioner--
                  (i) acting in the usual course of 
                professional practice;
                  (ii) acting in accordance with applicable 
                State law; and
                  (iii) registered under section 303(f) in the 
                State in which the patient is located, unless 
                the practitioner--
                          (I) is exempted from such 
                        registration in all States under 
                        section 302(d); or
                          (II) is--
                                  (aa) an employee or 
                                contractor of the Department of 
                                Veterans Affairs who is acting 
                                in the scope of such employment 
                                or contract; and
                                  (bb) registered under section 
                                303(f) in any State or is using 
                                the registration of a hospital 
                                or clinic operated by the 
                                Department of Veterans Affairs 
                                registered under section 
                                303(f);
          (C) is being conducted by a practitioner--
                  (i) who is an employee or contractor of the 
                Indian Health Service, or is working for an 
                Indian tribe or tribal organization under its 
                contract or compact with the Indian Health 
                Service under the Indian Self-Determination and 
                Education Assistance Act;
                  (ii) acting within the scope of the 
                employment, contract, or compact described in 
                clause (i); and
                  (iii) who is designated as an Internet 
                Eligible Controlled Substances Provider by the 
                Secretary under section 311(g)(2);
          (D)(i) is being conducted during a public health 
        emergency declared by the Secretary under section 319 
        of the Public Health Service Act; and
          (ii) involves patients located in such areas, and 
        such controlled substances, as the Secretary, with the 
        concurrence of the Attorney General, designates, 
        provided that such designation shall not be subject to 
        the procedures prescribed by subchapter II of chapter 5 
        of title 5, United States Code;
          (E) is being conducted by a practitioner who has 
        obtained from the Attorney General a special 
        registration under section 311(h);
          (F) is being conducted--
                  (i) in a medical emergency situation--
                          (I) that prevents the patient from 
                        being in the physical presence of a 
                        practitioner registered under section 
                        303(f) who is an employee or contractor 
                        of the Veterans Health Administration 
                        acting in the usual course of business 
                        and employment and within the scope of 
                        the official duties or contract of that 
                        employee or contractor;
                          (II) that prevents the patient from 
                        being physically present at a hospital 
                        or clinic operated by the Department of 
                        Veterans Affairs registered under 
                        section 303(f);
                          (III) during which the primary care 
                        practitioner of the patient or a 
                        practitioner otherwise practicing 
                        telemedicine within the meaning of this 
                        paragraph is unable to provide care or 
                        consultation; and
                          (IV) that requires immediate 
                        intervention by a health care 
                        practitioner using controlled 
                        substances to prevent what the 
                        practitioner reasonably believes in 
                        good faith will be imminent and serious 
                        clinical consequences, such as further 
                        injury or death; and
                  (ii) by a practitioner that--
                          (I) is an employee or contractor of 
                        the Veterans Health Administration 
                        acting within the scope of that 
                        employment or contract;
                          (II) is registered under section 
                        303(f) in any State or is utilizing the 
                        registration of a hospital or clinic 
                        operated by the Department of Veterans 
                        Affairs registered under section 
                        303(f); and
                          (III) issues a controlled substance 
                        prescription in this emergency context 
                        that is limited to a maximum of a 5-day 
                        supply which may not be extended or 
                        refilled; or
          (G) is being conducted under any other circumstances 
        that the Attorney General and the Secretary have 
        jointly, by regulation, determined to be consistent 
        with effective controls against diversion and otherwise 
        consistent with the public health and safety.
  (55) The term ``refilling prescriptions for controlled 
substances in schedule III, IV, or V''--
          (A) means the dispensing of a controlled substance in 
        schedule III, IV, or V in accordance with refill 
        instructions issued by a practitioner as part of a 
        valid prescription that meets the requirements of 
        subsections (b) and (c) of section 309, as appropriate; 
        and
          (B) does not include the issuance of a new 
        prescription to an individual for a controlled 
        substance that individual was previously prescribed.
  (56) The term ``filling new prescriptions for controlled 
substances in schedule III, IV, or V'' means filling a 
prescription for an individual for a controlled substance in 
schedule III, IV, or V, if--
          (A) the pharmacy dispensing that prescription has 
        previously dispensed to the patient a controlled 
        substance other than by means of the Internet and 
        pursuant to the valid prescription of a practitioner 
        that meets the applicable requirements of subsections 
        (b) and (c) of section 309 (in this paragraph referred 
        to as the ``original prescription'');
          (B) the pharmacy contacts the practitioner who issued 
        the original prescription at the request of that 
        individual to determine whether the practitioner will 
        authorize the issuance of a new prescription for that 
        individual for the controlled substance described in 
        subparagraph (A); and
          (C) the practitioner, acting in the usual course of 
        professional practice, determines there is a legitimate 
        medical purpose for the issuance of the new 
        prescription.
  (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.

           *       *       *       *       *       *       *


                     Part D--Offenses and Penalties

                      prohibited acts a--penalties

  Sec. 401. (a) Except as authorized by this title, it shall be 
unlawful for any person knowingly or intentionally--
          (1) to manufacture, distribute, or dispense, or 
        possess with intent to manufacture, distribute, or 
        dispense, a controlled substance; or
          (2) to create, distribute, or dispense, or possess 
        with intent to distribute or dispense, a counterfeit 
        substance.
  (b) Except as otherwise provided in section 409, 418, 419, or 
420 any person who violates subsection (a) of this section 
shall be sentenced as follows:
  (1)(A) In the case of a violation of subsection (a) of this 
section involving--
          (i) 1 kilogram or more of a mixture or substance 
        containing a detectable amount of heroin;
          (ii) 5 kilograms or more of a mixture or substance 
        containing a detectable amount of--
                  (I) coca leaves, except coca leaves and 
                extracts of coca leaves from which cocaine, 
                ecgonine, and derivatives of ecgonine or their 
                salts have been removed;
                  (II) cocaine, its salts, optical and 
                geometric isomers, and salts of isomers;
                  (III) ecgonine, its derivatives, their salts, 
                isomers, and salts of isomers; or
                  (IV) any compound, mixture, or preparation 
                which contains any quantity of any of the 
                substances referred to in subclauses (I) 
                through (III);
          (iii) 280 grams or more of a mixture or substance 
        described in clause (ii) which contains cocaine base;
          (iv) 100 grams or more of phencyclidine (PCP) or 1 
        kilogram or more of a mixture or substance containing a 
        detectable amount of phencyclidine (PCP);
          (v) 10 grams or more of a mixture or substance 
        containing a detectable amount of lysergic acid 
        diethylamide (LSD);
          (vi) 400 grams or more of a mixture or substance 
        containing a detectable amount of N-phenyl-N-[1-(2-
        phenylethyl)-4-piperidinyl] propanamide or 100 grams or 
        more of a mixture or substance containing a detectable 
        amount of any analogue of N-phenyl-N-[1-(2-
        phenylethyl)-4-piperidinyl] propanamide;
          (vii) 1000 kilograms or more of a mixture or 
        substance containing a detectable amount of marihuana, 
        or 1,000 or more marihuana plants regardless of weight; 
        or
          (viii) 50 grams or more of methamphetamine, its 
        salts, isomers, and salts of its isomers or 500 grams 
        or more of a mixture or substance containing a 
        detectable amount of methamphetamine, its salts, 
        isomers, or salts of its isomers;
such person shall be sentenced to a term of imprisonment which 
may not be less than 10 years or more than life and if death or 
serious bodily injury results from the use of such substance 
shall be not less than 20 years or more than life, a fine not 
to exceed the greater of that authorized in accordance with the 
provisions of title 18, United States Code, or $10,000,000 if 
the defendant is an individual or $50,000,000 if the defendant 
is other than an individual, or both. [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] 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 not more than life imprisonment 
and if death or serious bodily injury results from the use of 
such substance shall be sentenced to life imprisonment, a fine 
not to exceed the greater of twice that authorized in 
accordance with the provisions of title 18, United States Code, 
or $20,000,000 if the defendant is an individual or $75,000,000 
if the defendant is other than an individual, or both. If any 
person commits a violation of this subparagraph or of section 
409, 418, 419, or 420 [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] 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 fined in accordance with the preceding sentence. 
Notwithstanding section 3583 of title 18, any sentence under 
this subparagraph shall, in the absence of such a prior 
conviction, impose a term of supervised release of at least 5 
years in addition to such term of imprisonment and shall, if 
there was such a prior conviction, impose a term of supervised 
release of at least 10 years in addition to such term of 
imprisonment. Notwithstanding any other provision of law, the 
court shall not place on probation or suspend the sentence of 
any person sentenced under this subparagraph. No person 
sentenced under this subparagraph shall be eligible for parole 
during the term of imprisonment imposed therein.
  (B) In the case of a violation of subsection (a) of this 
section involving--
          (i) 100 grams or more of a mixture or substance 
        containing a detectable amount of heroin;
          (ii) 500 grams or more of a mixture or substance 
        containing a detectable amount of--
                  (I) coca leaves, except coca leaves and 
                extracts of coca leaves from which cocaine, 
                ecgonine, and derivatives of ecgonine or their 
                salts have been removed;
                  (II) cocaine, its salts, optical and 
                geometric isomers, and salts of isomers;
                  (III) ecgonine, its derivatives, their salts, 
                isomers, and salts of isomers; or
                  (IV) any compound, mixture, or preparation 
                which contains any quantity of any of the 
                substances referred to in subclauses (I) 
                through (III);
          (iii) 28 grams or more of a mixture or substance 
        described in clause (ii) which contains cocaine base;
          (iv) 10 grams or more of phencyclidine (PCP) or 100 
        grams or more of a mixture or substance containing a 
        detectable amount of phencyclidine (PCP);
          (v) 1 gram or more of a mixture or substance 
        containing a detectable amount of lysergic acid 
        diethylamide (LSD);
          (vi) 40 grams or more of a mixture or substance 
        containing a detectable amount of N-phenyl-N-[1-(2-
        phenylethyl)-4-piperidinyl] propanamide or 10 grams or 
        more of a mixture or substance containing a detectable 
        amount of any analogue of N-phenyl-N-[1-(2-
        phenylethyl)-4-piperidinyl] propanamide; or
          (vii) 100 kilograms or more of a mixture or substance 
        containing a detectable amount of marihuana, or 100 or 
        more marihuana plants regardless of weight; or
          (viii) 5 grams or more of methamphetamine, its salts, 
        isomers, and salts of its isomers or 50 grams or more 
        of a mixture or substance containing a detectable 
        amount of methamphetamine, its salts, isomers, or salts 
        of its isomers;
such person shall be sentenced to a term of imprisonment which 
may not be less than 5 years and not more than 40 years and if 
death or serious bodily injury results from the use of such 
substance shall be not less than 20 years or more than life, a 
fine not to exceed the greater of that authorized in accordance 
with the provisions of title 18, United States Code, or 
$5,000,000 if the defendant is an individual or $25,000,000 if 
the defendant is other than an individual, or both. [If any 
person commits such a violation after a prior conviction for a 
felony drug offense has become final] 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 which may not be 
less than 10 years and not more than life imprisonment and if 
death or serious bodily injury results from the use of such 
substance shall be sentenced to life imprisonment, a fine not 
to exceed the greater of twice that authorized in accordance 
with the provisions of title 18, United States Code, or 
$8,000,000 if the defendant is an individual or $50,000,000 if 
the defendant is other than an individual, or both. 
Notwithstanding section 3583 of title 18, any sentence under 
this subparagraph shall, in the absence of such a prior 
conviction, include a term of supervised release of at least 4 
years in addition to such term of imprisonment and shall, if 
there was such a prior conviction, include a term of supervised 
release of at least 8 years in addition to such term of 
imprisonment. Notwithstanding any other provision of law, the 
court shall not place on probation or suspend the sentence of 
any person sentenced under this subparagraph. No person 
sentenced under this subparagraph shall be eligible for parole 
during the term of imprisonment imposed therein.
  (C) In the case of a controlled substance in schedule I or 
II, gamma hydroxybutyric acid (including when scheduled as an 
approved drug product for purposes of section 3(a)(1)(B) of the 
Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition 
Act of 2000), or 1 gram of flunitrazepam, except as provided in 
subparagraphs (A), (B), and (D), such person shall be sentenced 
to a term of imprisonment of not more than 20 years and if 
death or serious bodily injury results from the use of such 
substance shall be sentenced to a term of imprisonment of not 
less than twenty years or more than life, a fine not to exceed 
the greater of that authorized in accordance with the 
provisions of title 18, United States Code, or $1,000,000 if 
the defendant is an individual or $5,000,000 if the defendant 
is other than an individual, or both. 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 more than 30 years and if death or 
serious bodily injury results from the use of such substance 
shall be sentenced to life imprisonment, a fine not to exceed 
the greater of twice that authorized in accordance with the 
provisions of title 18, United States Code, or $2,000,000 if 
the defendant is an individual or $10,000,000 if the defendant 
is other than an individual, or both. Notwithstanding section 
3583 of title 18, any sentence imposing a term of imprisonment 
under this paragraph shall, in the absence of such a prior 
conviction, impose a term of supervised release of at least 3 
years in addition to such term of imprisonment and shall, if 
there was such a prior conviction, impose a term of supervised 
release of at least 6 years in addition to such term of 
imprisonment. Notwithstanding any other provision of law, the 
court shall not place on probation or suspend the sentence of 
any person sentenced under the provisions of this subparagraph 
which provide for a mandatory term of imprisonment if death or 
serious bodily injury results, nor shall a person so sentenced 
be eligible for parole during the term of such a sentence.
  (D) In the case of less than 50 kilograms of marihuana, 
except in the case of 50 or more marihuana plants regardless of 
weight, 10 kilograms of hashish, or one kilogram of hashish 
oil, such person shall, except as provided in paragraphs (4) 
and (5) of this subsection, be sentenced to a term of 
imprisonment of not more than 5 years, a fine not to exceed the 
greater of that authorized in accordance with the provisions of 
title 18, United States Code, or $250,000 if the defendant is 
an individual or $1,000,000 if the defendant is other than an 
individual, or both. 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 more than 10 years, a fine not to exceed the greater of 
twice that authorized in accordance with the provisions of 
title 18, United State Code, or $500,000 if the defendant is an 
individual or $2,000,000 if the defendant is other than an 
individual, or both. Notwithstanding section 3583 of title 18, 
any sentence imposing a term of imprisonment under this 
paragraph shall, in the absence of such a prior conviction, 
impose a special parole term of at least 2 years in addition to 
such term of imprisonment and shall, if there was such a prior 
conviction, impose a term of supervised release of at least 4 
years in addition to such term of imprisonment.
  (E)(i) Except as provided in subparagraphs (C) and (D), in 
the case of any controlled substance in schedule III, such 
person shall be sentenced to a term of imprisonment of not more 
than 10 years and if death or serious bodily injury results 
from the use of such substance shall be sentenced to a term of 
imprisonment of not more than 15 years, a fine not to exceed 
the greater of that authorized in accordance with the 
provisions of title 18, United States Code, or $500,000 if the 
defendant is an individual or $2,500,000 if the defendant is 
other than an individual, or both.
  (ii) 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 more 
than 20 years and if death or serious bodily injury results 
from the use of such substance shall be sentenced to a term of 
imprisonment of not more than 30 years, a fine not to exceed 
the greater of twice that authorized in accordance with the 
provisions of title 18, United States Code, or $1,000,000 if 
the defendant is an individual or $5,000,000 if the defendant 
is other than an individual, or both.
  (iii) Any sentence imposing a term of imprisonment under this 
subparagraph shall, in the absence of such a prior conviction, 
impose a term of supervised release of at least 2 years in 
addition to such term of imprisonment and shall, if there was 
such a prior conviction, impose a term of supervised release of 
at least 4 years in addition to such term of imprisonment.
  (2) In the case of a controlled substance in schedule IV, 
such person shall be sentenced to a term of imprisonment of not 
more than 5 years, a fine not to exceed the greater of that 
authorized in accordance with the provisions of title 18, 
United States Code, or $250,000 if the defendant is an 
individual or $1,000,000 if the defendant is other than an 
individual, or both. 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 more than 10 years, a fine not to exceed the greater of 
twice the authorized in accordance with the provisions of title 
18, United States Code, or $500,000 if the defendant is an 
individual or $2,000,000 if the defendant is other than an 
individual, or both. Any sentence imposing a term of 
imprisonment under this paragraph shall, in the absence of such 
a prior conviction, impose a term of supervised release of at 
least one year in addition to such term of imprisonment and 
shall, if there was such a prior conviction, impose a term of 
supervised release of at least 2 years in addition to such term 
of imprisonment.
  (3) In the case of a controlled substance in schedule V, such 
person shall be sentenced to a term of imprisonment of not more 
than 1 year, a fine not to exceed the greater of that 
authorized in accordance with the provisions of title 18, 
United States Code, or $100,000 if the defendant is an 
individual or $250,000 if the defendant is other than an 
individual, or both. 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 more than 4 years, a fine not to exceed the provisions 
of title 18, United States Code, or $200,000 if the defendant 
is an individual or $500,000 if the defendant is other than an 
individual, or both. Any sentence imposing a term of 
imprisonment under this paragraph may, if there was a prior 
conviction, impose a term of supervised release of not more 
than 1 year, in addition to such term of imprisonment.
  (4) Notwithstanding paragraph (1)(D) of this subsection, any 
person who violates subsection (a) of this section by 
distributing a small amount of marihuana for no remuneration 
shall be treated as provided in section 404 and section 3607 of 
title 18, United States Code.
  (5) Any person who violates subsection (a) of this section by 
cultivating or manufacturing a controlled substance on Federal 
property shall be imprisoned as provided in this subsection and 
shall be fined any amount not to exceed--
          (A) the amount authorized in accordance with this 
        section;
          (B) the amount authorized in accordance with the 
        provisions of title 18, United States Code;
          (C) $500,000 if the defendant is an individual; or
          (D) $1,000,000 if the defendant is other than an 
        individual;
or both.
  (6) Any person who violates subsection (a), or attempts to do 
so, and knowingly or intentionally uses a poison, chemical, or 
other hazardous substance on Federal land, and, by such use--
          (A) creates a serious hazard to humans, wildlife, or 
        domestic animals,
          (B) degrades or harms the environment or natural 
        resources, or
          (C) pollutes an aquifer, spring, stream, river, or 
        body of water,
shall be fined in accordance with title 18, United States Code, 
or imprisoned not more than five years, or both.
  (7) Penalties for distribution.--
          (A) In general.--Whoever, with intent to commit a 
        crime of violence, as defined in section 16 of title 
        18, United States Code (including rape), against an 
        individual, violates subsection (a) by distributing a 
        controlled substance or controlled substance analogue 
        to that individual without that individual's knowledge, 
        shall be imprisoned not more than 20 years and fined in 
        accordance with title 18, United States Code.
          (B) Definition.--For purposes of this paragraph, the 
        term ``without that individual's knowledge'' means that 
        the individual is unaware that a substance with the 
        ability to alter that individual's ability to appraise 
        conduct or to decline participation in or communicate 
        unwillingness to participate in conduct is administered 
        to the individual.
  (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.
  (c) Any person who knowingly or intentionally--
          (1) possesses a listed chemical with intent to 
        manufacture a controlled substance except as authorized 
        by this title;
          (2) possesses or distributes, a listed chemical 
        knowing, or having reasonable cause to believe, that 
        the listed chemical will be used to manufacture a 
        controlled substance except as authorized by this 
        title; or
          (3) with the intent of causing the evasion of the 
        recordkeeping or reporting requirements of section 310, 
        or the regulations issued under that section, receives 
        or distributes a reportable amount of any listed 
        chemical in units small enough so that the making of 
        records or filing of reports under that section is not 
        required;
shall be fined in accordance with title 18, United States Code, 
or imprisoned not more than 20 years in the case of a violation 
of paragraph (1) or (2) involving a list I chemical or not more 
than 10 years in the case of a violation of this subsection 
other than a violation of paragraph (1) or (2) involving a list 
I chemical, or both.
  (d)(1) Any person who assembles, maintains, places, or causes 
to be placed a boobytrap on Federal property where a controlled 
substance is being manufactured, distributed, or dispensed 
shall be sentenced to a term of imprisonment for not more than 
10 years or fined under title 18, United States Code, or both.
  (2) If any person commits such a violation after 1 or more 
prior convictions for an offense punishable under this 
subsection, such person shall be sentenced to a term of 
imprisonment of not more than 20 years or fined under title 18, 
United States Code, or both.
  (3) For the purposes of this subsection, the term 
``boobytrap'' means any concealed or camouflaged device 
designed to cause bodily injury when triggered by any action of 
any unsuspecting person making contact with the device. Such 
term includes guns, ammunition, or explosive devices attached 
to trip wires or other triggering mechanisms, sharpened stakes, 
and lines or wires with hooks attached.
  (e) In addition to any other applicable penalty, any person 
convicted of a felony violation of this section relating to the 
receipt, distribution, manufacture, exportation, or importation 
of a listed chemical may be enjoined from engaging in any 
transaction involving a listed chemical for not more than ten 
years.
  (f)(1) Whoever knowingly distributes a listed chemical in 
violation of this title (other than in violation of a 
recordkeeping or reporting requirement of section 310) shall, 
except to the extent that paragraph (12), (13), or (14) of 
section 402(a) applies, be fined under title 18, United States 
Code, or imprisoned not more than 5 years, or both.
  (2) Whoever possesses any listed chemical, with knowledge 
that the recordkeeping or reporting requirements of section 310 
have not been adhered to, if, after such knowledge is acquired, 
such person does not take immediate steps to remedy the 
violation shall be fined under title 18, United States Code, or 
imprisoned not more than one year, or both.
  (g) Internet Sales of Date Rape Drugs.--
          (1) Whoever knowingly uses the Internet to distribute 
        a date rape drug to any person, knowing or with 
        reasonable cause to believe that--
                  (A) the drug would be used in the commission 
                of criminal sexual conduct; or
                  (B) the person is not an authorized 
                purchaser;
        shall be fined under this title or imprisoned not more 
        than 20 years, or both.
          (2) As used in this subsection:
                  (A) The term ``date rape drug'' means--
                          (i) gamma hydroxybutyric acid (GHB) 
                        or any controlled substance analogue of 
                        GHB, including gamma butyrolactone 
                        (GBL) or 1,4-butanediol;
                          (ii) ketamine;
                          (iii) flunitrazepam; or
                          (iv) any substance which the Attorney 
                        General designates, pursuant to the 
                        rulemaking procedures prescribed by 
                        section 553 of title 5, United States 
                        Code, to be used in committing rape or 
                        sexual assault.
                The Attorney General is authorized to remove 
                any substance from the list of date rape drugs 
                pursuant to the same rulemaking authority.
                  (B) The term ``authorized purchaser'' means 
                any of the following persons, provided such 
                person has acquired the controlled substance in 
                accordance with this Act:
                          (i) A person with a valid 
                        prescription that is issued for a 
                        legitimate medical purpose in the usual 
                        course of professional practice that is 
                        based upon a qualifying medical 
                        relationship by a practitioner 
                        registered by the Attorney General. A 
                        ``qualifying medical relationship'' 
                        means a medical relationship that 
                        exists when the practitioner has 
                        conducted at least 1 medical evaluation 
                        with the authorized purchaser in the 
                        physical presence of the practitioner, 
                        without regard to whether portions of 
                        the evaluation are conducted by other 
                        heath professionals. The preceding 
                        sentence shall not be construed to 
                        imply that 1 medical evaluation 
                        demonstrates that a prescription has 
                        been issued for a legitimate medical 
                        purpose within the usual course of 
                        professional practice.
                          (ii) Any practitioner or other 
                        registrant who is otherwise authorized 
                        by their registration to dispense, 
                        procure, purchase, manufacture, 
                        transfer, distribute, import, or export 
                        the substance under this Act.
                          (iii) A person or entity providing 
                        documentation that establishes the 
                        name, address, and business of the 
                        person or entity and which provides a 
                        legitimate purpose for using any ``date 
                        rape drug'' for which a prescription is 
                        not required.
          (3) The Attorney General is authorized to promulgate 
        regulations for record-keeping and reporting by persons 
        handling 1,4-butanediol in order to implement and 
        enforce the provisions of this section. Any record or 
        report required by such regulations shall be considered 
        a record or report required under this Act.
  (h) Offenses Involving Dispensing of Controlled Substances by 
Means of the Internet.--
          (1) In general.--It shall be unlawful for any person 
        to knowingly or intentionally--
                  (A) deliver, distribute, or dispense a 
                controlled substance by means of the Internet, 
                except as authorized by this title; or
                  (B) aid or abet (as such terms are used in 
                section 2 of title 18, United States Code) any 
                activity described in subparagraph (A) that is 
                not authorized by this title.
          (2) Examples.--Examples of activities that violate 
        paragraph (1) include, but are not limited to, 
        knowingly or intentionally--
                  (A) delivering, distributing, or dispensing a 
                controlled substance by means of the Internet 
                by an online pharmacy that is not validly 
                registered with a modification authorizing such 
                activity as required by section 303(f) (unless 
                exempt from such registration);
                  (B) writing a prescription for a controlled 
                substance for the purpose of delivery, 
                distribution, or dispensation by means of the 
                Internet in violation of section 309(e);
                  (C) serving as an agent, intermediary, or 
                other entity that causes the Internet to be 
                used to bring together a buyer and seller to 
                engage in the dispensing of a controlled 
                substance in a manner not authorized by 
                sections 303(f) or 309(e);
                  (D) offering to fill a prescription for a 
                controlled substance based solely on a 
                consumer's completion of an online medical 
                questionnaire; and
                  (E) making a material false, fictitious, or 
                fraudulent statement or representation in a 
                notification or declaration under subsection 
                (d) or (e), respectively, of section 311.
          (3) Inapplicability.--
                  (A) This subsection does not apply to--
                          (i) the delivery, distribution, or 
                        dispensation of controlled substances 
                        by nonpractitioners to the extent 
                        authorized by their registration under 
                        this title;
                          (ii) the placement on the Internet of 
                        material that merely advocates the use 
                        of a controlled substance or includes 
                        pricing information without attempting 
                        to propose or facilitate an actual 
                        transaction involving a controlled 
                        substance; or
                          (iii) except as provided in 
                        subparagraph (B), any activity that is 
                        limited to--
                                  (I) the provision of a 
                                telecommunications service, or 
                                of an Internet access service 
                                or Internet information 
                                location tool (as those terms 
                                are defined in section 231 of 
                                the Communications Act of 
                                1934); or
                                  (II) the transmission, 
                                storage, retrieval, hosting, 
                                formatting, or translation (or 
                                any combination thereof) of a 
                                communication, without 
                                selection or alteration of the 
                                content of the communication, 
                                except that deletion of a 
                                particular communication or 
                                material made by another person 
                                in a manner consistent with 
                                section 230(c) of the 
                                Communications Act of 1934 
                                shall not constitute such 
                                selection or alteration of the 
                                content of the communication.
                  (B) The exceptions under subclauses (I) and 
                (II) of subparagraph (A)(iii) shall not apply 
                to a person acting in concert with a person who 
                violates paragraph (1).
          (4) Knowing or intentional violation.--Any person who 
        knowingly or intentionally violates this subsection 
        shall be sentenced in accordance with subsection (b).

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CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT

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   TITLE III--IMPORTATION AND EXPORTATION; AMENDMENTS AND REPEALS OF 
REVENUE LAWS

           *       *       *       *       *       *       *


Part A--Importation and Exportation

           *       *       *       *       *       *       *


                      prohibited acts a--penalties

  Sec. 1010. (a) Any person who--
          (1) contrary to section 305, 1002, 1003, or 1007, 
        knowingly or intentionally imports or exports a 
        controlled substance,
          (2) contrary to section 1005, knowingly or 
        intentionally brings or possesses on board a vessel, 
        aircraft, or vehicle a controlled substance, or
          (3) contrary to section 1009, manufactures, possesses 
        with intent to distribute, or distributes a controlled 
        substance,
shall be punished as provided in subsection (b).
  (b)(1) In the case of a violation of subsection (a) of this 
section involving--
          (A) 1 kilogram or more of a mixture or substance 
        containing a detectable amount of heroin;
          (B) 5 kilograms or more of a mixture or substance 
        containing a detectable amount of--
                  (i) coca leaves, except coca leaves and 
                extracts of coca leaves from which cocaine, 
                ecgonine, and derivatives of ecgonine or their 
                salts have been removed;
                  (ii) cocaine, its salts, optical and 
                geometric isomers, and salts or isomers;
                  (iii) ecgonine, its derivatives, their salts, 
                isomers, and salts of isomers; or
                  (iv) any compound, mixture, or preparation 
                which contains any quantity of any of the 
                substances referred to in clauses (i) through 
                (iii);
          (C) 280 grams or more of a mixture or substance 
        described in subparagraph (B) which contains cocaine 
        base;
          (D) 100 grams or more of phencyclidine (PCP) or 1 
        kilogram or more of a mixture or substance containing a 
        detectable amount of phencyclidine (PCP);
          (E) 10 grams or more of a mixture or substance 
        containing a detectable amount of lysergic acid 
        diethylamide (LSD);
          (F) 400 grams or more of a mixture or substance 
        containing a detectable amount of N-phenyl-N-[1-(2-
        phenylethyl)-4-piperidinyl] propanamide or 100 grams or 
        more of a mixture or substance containing a detectable 
        amount of any analogue of N-phenyl-N-[1-(2-
        phenylethyl)-4-piperidinyl] propanamide;
          (G) 1000 kilograms or more of a mixture or substance 
        containing a detectable amount of marihuana; or
          (H) 50 grams or more of methamphetamine, its salts, 
        isomers, and salts of its isomers or 500 grams or more 
        of a mixture or substance containing a detectable 
        amount of methamphetamine, its salts, isomers, or salts 
        of its isomers.
the person committing such violation shall be sentenced to a 
term of imprisonment of not less than 10 years and not more 
than life and if death or serious bodily injury results from 
the use of such substance shall be sentenced to a term of 
imprisonment of not less than 20 years and not more than life, 
a fine not to exceed the greater of that authorized in 
accordance with the provisions of title 18, United States Code, 
or $10,000,000 if the defendant is an individual or $50,000,000 
if the defendant is other than an individual, or both. [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] 
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 not more than life imprisonment 
and if death or serious bodily injury results from the use of 
such substance shall be sentenced to life imprisonment, a fine 
not to exceed the greater of twice that authorized in 
accordance with the provisions of title 18, United States Code, 
or $20,000,000 if the defendant is an individual or $75,000,000 
if the defendant is other than an individual, or both. 
Notwithstanding section 3583 of title 18, any sentence under 
this paragraph shall, in the absence of such a prior 
conviction, impose a term of supervised release of at least 5 
years in addition to such term of imprisonment and shall, if 
there was such a prior conviction, impose a term of supervised 
release of at least 10 years in addition to such term of 
imprisonment. Notwithstanding any other provision of law, the 
court shall not place on probation or suspend the sentence of 
any person sentenced under this paragraph. No person sentenced 
under this paragraph shall be eligible for parole during the 
term of imprisonment imposed therein.
  (2) In the case of a violation of subsection (a) of this 
section involving--
          (A) 100 grams or more of a mixture or substance 
        containing a detectable amount of heroin;
          (B) 500 grams or more of a mixture or substance 
        containing a detectable amount of--
                  (i) coca leaves, except coca leaves and 
                extracts of coca leaves from which cocaine, 
                ecgonine, and derivatives of ecgonine or their 
                salts have been removed;
                  (ii) cocaine, its salts, optical and 
                geometric isomers, and salts or isomers;
                  (iii) ecgonine, its derivatives, their salts, 
                isomers, and salts of isomers; or
                  (iv) any compound, mixture, or preparation 
                which contains any quantity of any of the 
                substances referred to in clauses (i) through 
                (iii);
          (C) 28 grams or more of a mixture or substance 
        described in subparagraph (B) which contains cocaine 
        base;
          (D) 10 grams or more of phencyclidine (PCP) or 100 
        grams or more of a mixture or substance containing a 
        detectable amount of phencyclidine (PCP);
          (E) 1 gram or more of a mixture or substance 
        containing a detectable amount of lysergic acid 
        diethylamide (LSD);
          (F) 40 grams or more of a mixture or substance 
        containing a detectable amount of N-phenyl-N-[1-(2-
        phenylethyl)-4-piperidinyl] propanamide or 10 grams or 
        more of a mixture or substance containing a detectable 
        amount of any analogue of N-phenyl-N-[1-(2-
        phenylethyl)-4-piperidinyl] propanamide;
          (G) 100 kilograms or more of a mixture or substance 
        containing a detectable amount of marihuana; or
          (H) 5 grams or more of methamphetamine, its salts, 
        isomers, and salts of its isomers or 50 grams or more 
        of a mixture or substance containing a detectable 
        amount of methamphetamine, its salts, isomers, or salts 
        of its isomers.
the person committing such violation shall be sentenced to a 
term of imprisonment of not less than 5 years and not more than 
40 years and if death or serious bodily injury results from the 
use of such substance shall be sentenced to a term of 
imprisonment of not less than twenty years and not more than 
life, a fine not to exceed the greater of that authorized in 
accordance with the provisions of title 18, United States Code, 
or $5,000,000 if the defendant is an individual or $25,000,000 
if the defendant is other than an individual, or both. If any 
person commits such a violation after a prior conviction for a 
[felony drug offense] serious drug felony or serious violent 
felony has become final, such person shall be sentenced to a 
term of imprisonment of not less than 10 years and not more 
than life imprisonment and if death or serious bodily injury 
results from the use of such substance shall be sentenced to 
life imprisonment, a fine not to exceed the greater of twice 
that authorized in accordance with the provisions of title 18, 
United States Code, or $8,000,000 if the defendant is an 
individual or $50,000,000 if the defendant is other than an 
individual, or both. Notwithstanding section 3583 of title 18, 
any sentence imposed under this paragraph shall, in the absence 
of such a prior conviction, include a term of supervised 
release of at least 4 years in addition to such term of 
imprisonment and shall, if there was such a prior conviction, 
include a term of supervised release of at least 8 years in 
addition to such term of imprisonment. Notwithstanding any 
other provision of law, the court shall not place on probation 
or suspend the sentence of any person sentenced under this 
paragraph. No person sentenced under this paragraph shall be 
eligible for parole during the term of imprisonment imposed 
therein.
  (3) In the case of a violation under subsection (a) of this 
section involving a controlled substance in schedule I or II, 
gamma hydroxybutyric acid (including when scheduled as an 
approved drug product for purposes of section 3(a)(1)(B) of the 
Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition 
Act of 2000), or flunitrazepam, the person committing such 
violation shall, except as provided in paragraphs (1), (2), and 
(4), be sentenced to a term of imprisonment of not more than 20 
years and if death or serious bodily injury results from the 
use of such substance shall be sentenced to a term of 
imprisonment of not less than twenty years and not more than 
life, a fine not to exceed the greater of that authorized in 
accordance with the provisions of title 18, United States Code, 
or $1,000,000 if the defendant is an individual or $5,000,000 
if the defendant is other than an individual, or both. 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 more than 30 years 
and if death or serious bodily injury results from the use of 
such substance shall be sentenced to life imprisonment, a fine 
not to exceed the greater of twice that authorized in 
accordance with the provisions of title 18, United States Code, 
or $2,000,000 if the defendant is an individual or $10,000,000 
if the defendant is other than an individual, or both. 
Notwithstanding section 3583 of title 18, any sentence imposing 
a term of imprisonment under this paragraph shall, in the 
absence of such a prior conviction, impose a term of 
suspervised release of at least 3 years in addition to such 
term of imprisonment and shall, if there was such a prior 
conviction, impose a term of suspervised release of at least 6 
years in addition to such term of imprisonment. Notwithstanding 
the prior sentence, and notwithstanding any other provision of 
law, the court shall not place on probation or suspend the 
sentence of any person sentenced under the provisions of this 
paragraph which provide for a mandatory term of imprisonment if 
death or serious bodily injury results.
  (4) In the case of a violation under subsection (a) with 
respect to less than 50 kilograms of marihuana except in the 
case of 100 or more marihuana plants regardless of weight, less 
than 10 kilograms of hashish, or less than one kilogram of 
hashish oil, the person committing such violation shall be 
sentenced in accordance with section 401(b)(1)(D).
  (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 section 401(b)(1).
  (6) In the case of a violation of subsection (a) involving a 
controlled substance in schedule IV, such person shall be 
sentenced in accordance with section 401(b)(2).
  (7) In the case of a violation of subsection (a) involving a 
controlled substance in schedule V, such person shall be 
sentenced in accordance with section 401(b)(3).
          (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) A special parole term imposed under this section or 
section 1012 may be revoked if its terms and conditions are 
violated. In such circumstances the original term of 
imprisonment shall be increased by the period of the special 
parole term and the resulting new term of imprisonment shall 
not be diminished by the time which was spent on special 
parole. A person whose special parole term has been revoked may 
be required to serve all or part of the remainder of the new 
term of imprisonment. The special term provided for in this 
section and in section 1012 is in addition to, and not in lieu 
of, any other parole provided for by law.
  (d) A person who knowingly or intentionally--
          (1) imports or exports a listed chemical with intent 
        to manufacture a controlled substance in violation of 
        this title or title II;
          (2) exports a listed chemical in violation of the 
        laws of the country to which the chemical is exported 
        or serves as a broker or trader for an international 
        transaction involving a listed chemical, if the 
        transaction is in violation of the laws of the country 
        to which the chemical is exported;
          (3) imports or exports a listed chemical knowing, or 
        having reasonable cause to believe, that the chemical 
        will be used to manufacture a controlled substance in 
        violation of this title or title II;
          (4) exports a listed chemical, or serves as a broker 
        or trader for an international transaction involving a 
        listed chemical, knowing, or having reasonable cause to 
        believe, that the chemical will be used to manufacture 
        a controlled substance in violation of the laws of the 
        country to which the chemical is exported;
          (5) imports or exports a listed chemical, with the 
        intent to evade the reporting or recordkeeping 
        requirements of section 1018 applicable to such 
        importation or exportation by falsely representing to 
        the Attorney General that the importation or 
        exportation qualifies for a waiver of the 15-day 
        notification requirement granted pursuant to paragraph 
        (2) or (3) of section 1018(f) by misrepresenting the 
        actual country of final destination of the listed 
        chemical or the actual listed chemical being imported 
        or exported;
          (6) imports a listed chemical in violation of section 
        1002, imports or exports such a chemical in violation 
        of section 1007 or 1018, or transfers such a chemical 
        in violation of section 1018(d); or
          (7) manufactures, possesses with intent to 
        distribute, or distributes a listed chemical in 
        violation of section 959 of this title.
shall be fined in accordance with title 18, imprisoned not more 
than 20 years in the case of a violation of paragraph (1) or 
(3) involving a list I chemical or not more than 10 years in 
the case of a violation of this subsection other than a 
violation of paragraph (1) or (3) involving a list I chemical, 
or both.

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                              ----------                              


                      TITLE 18, UNITED STATES CODE

PART I--CRIMES

           *       *       *       *       *       *       *


CHAPTER 44--FIREARMS

           *       *       *       *       *       *       *


Sec. 924. Penalties

  (a)(1) Except as otherwise provided in this subsection, 
subsection (b), (c), (f), or (p) of this section, or in section 
929, whoever--
          (A) knowingly makes any false statement or 
        representation with respect to the information required 
        by this chapter to be kept in the records of a person 
        licensed under this chapter or in applying for any 
        license or exemption or relief from disability under 
        the provisions of this chapter;
          (B) knowingly violates subsection (a)(4), (f), (k), 
        or (q) of section 922;
          (C) knowingly imports or brings into the United 
        States or any possession thereof any firearm or 
        ammunition in violation of section 922(l); or
          (D) willfully violates any other provision of this 
        chapter,
shall be fined under this title, imprisoned not more than five 
years, or both.
  (2) Whoever knowingly violates subsection (a)(6), (d), (g), 
(h), (i), (j), or (o) of section 922 shall be fined as provided 
in this title, imprisoned [not more than 10 years] not more 
than 15 years, or both.
  (3) Any licensed dealer, licensed importer, licensed 
manufacturer, or licensed collector who knowingly--
          (A) makes any false statement or representation with 
        respect to the information required by the provisions 
        of this chapter to be kept in the records of a person 
        licensed under this chapter, or
          (B) violates subsection (m) of section 922,
shall be fined under this title, imprisoned not more than one 
year, or both.
  (4) Whoever violates section 922(q) shall be fined under this 
title, imprisoned for not more than 5 years, or both. 
Notwithstanding any other provision of law, the term of 
imprisonment imposed under this paragraph shall not run 
concurrently with any other term of imprisonment imposed under 
any other provision of law. Except for the authorization of a 
term of imprisonment of not more than 5 years made in this 
paragraph, for the purpose of any other law a violation of 
section 922(q) shall be deemed to be a misdemeanor.
  (5) Whoever knowingly violates subsection (s) or (t) of 
section 922 shall be fined under this title, imprisoned for not 
more than 1 year, or both.
  (6)(A)(i) A juvenile who violates section 922(x) shall be 
fined under this title, imprisoned not more than 1 year, or 
both, except that a juvenile described in clause (ii) shall be 
sentenced to probation on appropriate conditions and shall not 
be incarcerated unless the juvenile fails to comply with a 
condition of probation.
  (ii) A juvenile is described in this clause if--
          (I) the offense of which the juvenile is charged is 
        possession of a handgun or ammunition in violation of 
        section 922(x)(2); and
          (II) the juvenile has not been convicted in any court 
        of an offense (including an offense under section 
        922(x) or a similar State law, but not including any 
        other offense consisting of conduct that if engaged in 
        by an adult would not constitute an offense) or 
        adjudicated as a juvenile delinquent for conduct that 
        if engaged in by an adult would constitute an offense.
  (B) A person other than a juvenile who knowingly violates 
section 922(x)--
          (i) shall be fined under this title, imprisoned not 
        more than 1 year, or both; and
          (ii) if the person sold, delivered, or otherwise 
        transferred a handgun or ammunition to a juvenile 
        knowing or having reasonable cause to know that the 
        juvenile intended to carry or otherwise possess or 
        discharge or otherwise use the handgun or ammunition in 
        the commission of a crime of violence, shall be fined 
        under this title, imprisoned not more than 10 years, or 
        both.
  (7) Whoever knowingly violates section 931 shall be fined 
under this title, imprisoned not more than 3 years, or both.
  (b) Whoever, with intent to commit therewith an offense 
punishable by imprisonment for a term exceeding one year, or 
with knowledge or reasonable cause to believe that an offense 
punishable by imprisonment for a term exceeding one year is to 
be committed therewith, ships, transports, or receives a 
firearm or any ammunition in interstate or foreign commerce 
shall be fined under this title, or imprisoned not more than 
ten years, or both.
  (c)(1)(A) Except to the extent that a greater minimum 
sentence is otherwise provided by this subsection or by any 
other provision of law, any person who, during and in relation 
to any crime of violence or drug trafficking crime (including a 
crime of violence or drug trafficking crime that provides for 
an enhanced punishment if committed by the use of a deadly or 
dangerous weapon or device) for which the person may be 
prosecuted in a court of the United States, uses or carries a 
firearm, or who, in furtherance of any such crime, possesses a 
firearm, shall, in addition to the punishment provided for such 
crime of violence or drug trafficking crime--
          (i) be sentenced to a term of imprisonment of not 
        less than 5 years;
          (ii) if the firearm is brandished, be sentenced to a 
        term of imprisonment of not less than 7 years; and
          (iii) if the firearm is discharged, be sentenced to a 
        term of imprisonment of not less than 10 years.
  (B) If the firearm possessed by a person convicted of a 
violation of this subsection--
          (i) is a short-barreled rifle, short-barreled 
        shotgun, or semiautomatic assault weapon, the person 
        shall be sentenced to a term of imprisonment of not 
        less than 10 years; or
          (ii) is a machinegun or a destructive device, or is 
        equipped with a firearm silencer or firearm muffler, 
        the person shall be sentenced to a term of imprisonment 
        of not less than 30 years.
  (C) In the case of a [second or subsequent conviction under 
this subsection] 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, the person shall--
          (i) be sentenced to a term of imprisonment of [not 
        less than 25 years] not less than 15 years; and
          (ii) if the firearm involved is a machinegun or a 
        destructive device, or is equipped with a firearm 
        silencer or firearm muffler, be sentenced to 
        imprisonment for life.
  (D) Notwithstanding any other provision of law--
          (i) a court shall not place on probation any person 
        convicted of a violation of this subsection; and
          (ii) no term of imprisonment imposed on a person 
        under this subsection shall run concurrently with any 
        other term of imprisonment imposed on the person, 
        including any term of imprisonment imposed for the 
        crime of violence or drug trafficking crime during 
        which the firearm was used, carried, or possessed.
  (2) For purposes of this subsection, the term ``drug 
trafficking crime'' means any felony punishable under the 
Controlled Substances Act (21 U.S.C. 801 et seq.), the 
Controlled Substances Import and Export Act (21 U.S.C. 951 et 
seq.), or chapter 705 of title 46.
  (3) For purposes of this subsection the term ``crime of 
violence'' means an offense that is a felony and--
          (A) has as an element the use, attempted use, or 
        threatened use of physical force against the person or 
        property of another, or
          (B) that by its nature, involves a substantial risk 
        that physical force against the person or property of 
        another may be used in the course of committing the 
        offense.
  (4) For purposes of this subsection, the term ``brandish'' 
means, with respect to a firearm, to display all or part of the 
firearm, or otherwise make the presence of the firearm known to 
another person, in order to intimidate that person, regardless 
of whether the firearm is directly visible to that person.
  (5) Except to the extent that a greater minimum sentence is 
otherwise provided under this subsection, or by any other 
provision of law, any person who, during and in relation to any 
crime of violence or drug trafficking crime (including a crime 
of violence or drug trafficking crime that provides for an 
enhanced punishment if committed by the use of a deadly or 
dangerous weapon or device) for which the person may be 
prosecuted in a court of the United States, uses or carries 
armor piercing ammunition, or who, in furtherance of any such 
crime, possesses armor piercing ammunition, shall, in addition 
to the punishment provided for such crime of violence or drug 
trafficking crime or conviction under this section--
          (A) be sentenced to a term of imprisonment of not 
        less than 15 years; and
          (B) if death results from the use of such 
        ammunition--
                  (i) if the killing is murder (as defined in 
                section 1111), be punished by death or 
                sentenced to a term of imprisonment for any 
                term of years or for life; and
                  (ii) if the killing is manslaughter (as 
                defined in section 1112), be punished as 
                provided in section 1112.
  (d)(1) Any firearm or ammunition involved in or used in any 
knowing violation of subsection (a)(4), (a)(6), (f), (g), (h), 
(i), (j), or (k) of section 922, or knowing importation or 
bringing into the United States or any possession thereof any 
firearm or ammunition in violation of section 922(l), or 
knowing violation of section 924, or willful violation of any 
other provision of this chapter or any rule or regulation 
promulgated thereunder, or any violation of any other criminal 
law of the United States, or any firearm or ammunition intended 
to be used in any offense referred to in paragraph (3) of this 
subsection, where such intent is demonstrated by clear and 
convincing evidence, shall be subject to seizure and 
forfeiture, and all provisions of the Internal Revenue Code of 
1986 relating to the seizure, forfeiture, and disposition of 
firearms, as defined in section 5845(a) of that Code, shall, so 
far as applicable, extend to seizures and forfeitures under the 
provisions of this chapter: Provided, That upon acquittal of 
the owner or possessor, or dismissal of the charges against him 
other than upon motion of the Government prior to trial, or 
lapse of or court termination of the restraining order to which 
he is subject, the seized or relinquished firearms or 
ammunition shall be returned forthwith to the owner or 
possessor or to a person delegated by the owner or possessor 
unless the return of the firearms or ammunition would place the 
owner or possessor or his delegate in violation of law. Any 
action or proceeding for the forfeiture of firearms or 
ammunition shall be commenced within one hundred and twenty 
days of such seizure.
  (2)(A) In any action or proceeding for the return of firearms 
or ammunition seized under the provisions of this chapter, the 
court shall allow the prevailing party, other than the United 
States, a reasonable attorney's fee, and the United States 
shall be liable therefor.
  (B) In any other action or proceeding under the provisions of 
this chapter, the court, when it finds that such action was 
without foundation, or was initiated vexatiously, frivolously, 
or in bad faith, shall allow the prevailing party, other than 
the United States, a reasonable attorney's fee, and the United 
States shall be liable therefor.
  (C) Only those firearms or quantities of ammunition 
particularly named and individually identified as involved in 
or used in any violation of the provisions of this chapter or 
any rule or regulation issued thereunder, or any other criminal 
law of the United States or as intended to be used in any 
offense referred to in paragraph (3) of this subsection, where 
such intent is demonstrated by clear and convincing evidence, 
shall be subject to seizure, forfeiture, and disposition.
  (D) The United States shall be liable for attorneys' fees 
under this paragraph only to the extent provided in advance by 
appropriation Acts.
  (3) The offenses referred to in paragraphs (1) and (2)(C) of 
this subsection are--
          (A) any crime of violence, as that term is defined in 
        section 924(c)(3) of this title;
          (B) any offense punishable under the Controlled 
        Substances Act (21 U.S.C. 801 et seq.) or the 
        Controlled Substances Import and Export Act (21 U.S.C. 
        951 et seq.);
          (C) any offense described in section 922(a)(1), 
        922(a)(3), 922(a)(5), or 922(b)(3) of this title, where 
        the firearm or ammunition intended to be used in any 
        such offense is involved in a pattern of activities 
        which includes a violation of any offense described in 
        section 922(a)(1), 922(a)(3), 922(a)(5), or 922(b)(3) 
        of this title;
          (D) any offense described in section 922(d) of this 
        title where the firearm or ammunition is intended to be 
        used in such offense by the transferor of such firearm 
        or ammunition;
          (E) any offense described in section 922(i), 922(j), 
        922(l), 922(n), or 924(b) of this title; and
          (F) any offense which may be prosecuted in a court of 
        the United States which involves the exportation of 
        firearms or ammunition.
  (e)(1) In the case of a person who violates section 922(g) of 
this title and has three previous convictions by any court 
referred to in section 922(g)(1) of this title for a violent 
felony or a serious drug offense, or both, committed on 
occasions different from one another, such person shall be 
fined under this title and imprisoned [not less than fifteen 
years] not less than 10 years, and, notwithstanding any other 
provision of law, the court shall not suspend the sentence of, 
or grant a probationary sentence to, such person with respect 
to the conviction under section 922(g).
  (2) As used in this subsection--
          (A) the term ``serious drug offense'' means--
                  (i) an offense under the Controlled 
                Substances Act (21 U.S.C. 801 et seq.), the 
                Controlled Substances Import and Export Act (21 
                U.S.C. 951 et seq.), or chapter 705 of title 46 
                for which a maximum term of imprisonment of ten 
                years or more is prescribed by law; or
                  (ii) an offense under State law, involving 
                manufacturing, distributing, or possessing with 
                intent to manufacture or distribute, a 
                controlled substance (as defined in section 102 
                of the Controlled Substances Act (21 U.S.C. 
                802)), for which a maximum term of imprisonment 
                of ten years or more is prescribed by law;
          (B) the term ``violent felony'' means any crime 
        punishable by imprisonment for a term exceeding one 
        year, or any act of juvenile delinquency involving the 
        use or carrying of a firearm, knife, or destructive 
        device that would be punishable by imprisonment for 
        such term if committed by an adult, that--
                  (i) has as an element the use, attempted use, 
                or threatened use of physical force against the 
                person of another; or
                  (ii) is burglary, arson, or extortion, 
                involves use of explosives, or otherwise 
                involves conduct that presents a serious 
                potential risk of physical injury to another; 
                and
          (C) the term ``conviction'' includes a finding that a 
        person has committed an act of juvenile delinquency 
        involving a violent felony.
  (f) In the case of a person who knowingly violates section 
922(p), such person shall be fined under this title, or 
imprisoned not more than 5 years, or both.
  (g) Whoever, with the intent to engage in conduct which--
          (1) constitutes an offense listed in section 1961(1),
          (2) is punishable under the Controlled Substances Act 
        (21 U.S.C. 801 et seq.), the Controlled Substances 
        Import and Export Act (21 U.S.C. 951 et seq.), or 
        chapter 705 of title 46,
          (3) violates any State law relating to any controlled 
        substance (as defined in section 102(6) of the 
        Controlled Substances Act (21 U.S.C. 802(6))), or
          (4) constitutes a crime of violence (as defined in 
        subsection (c)(3)),
travels from any State or foreign country into any other State 
and acquires, transfers, or attempts to acquire or transfer, a 
firearm in such other State in furtherance of such purpose, 
shall be imprisoned not more than 10 years, fined in accordance 
with this title, or both.
  (h) Whoever knowingly transfers a firearm, knowing that such 
firearm will be used to commit a crime of violence (as defined 
in subsection (c)(3)) or drug trafficking crime (as defined in 
subsection (c)(2)) shall be imprisoned not more than 10 years, 
fined in accordance with this title, or both.
  (i)(1) A person who knowingly violates section 922(u) shall 
be fined under this title, imprisoned not more than 10 years, 
or both.
  (2) Nothing contained in this subsection shall be construed 
as indicating an intent on the part of Congress to occupy the 
field in which provisions of this subsection operate to the 
exclusion of State laws on the same subject matter, nor shall 
any provision of this subsection be construed as invalidating 
any provision of State law unless such provision is 
inconsistent with any of the purposes of this subsection.
  (j) A person who, in the course of a violation of subsection 
(c), causes the death of a person through the use of a firearm, 
shall--
          (1) if the killing is a murder (as defined in section 
        1111), be punished by death or by imprisonment for any 
        term of years or for life; and
          (2) if the killing is manslaughter (as defined in 
        section 1112), be punished as provided in that section.
  (k) A person who, with intent to engage in or to promote 
conduct that--
          (1) is punishable under the Controlled Substances Act 
        (21 U.S.C. 801 et seq.), the Controlled Substances 
        Import and Export Act (21 U.S.C. 951 et seq.), or 
        chapter 705 of title 46;
          (2) violates any law of a State relating to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act, 21 U.S.C. 802); or
          (3) constitutes a crime of violence (as defined in 
        subsection (c)(3)),
smuggles or knowingly brings into the United States a firearm, 
or attempts to do so, shall be imprisoned not more than 10 
years, fined under this title, or both.
  (l) A person who steals any firearm which is moving as, or is 
a part of, or which has moved in, interstate or foreign 
commerce shall be imprisoned for not more than 10 years, fined 
under this title, or both.
  (m) A person who steals any firearm from a licensed importer, 
licensed manufacturer, licensed dealer, or licensed collector 
shall be fined under this title, imprisoned not more than 10 
years, or both.
  (n) A person who, with the intent to engage in conduct that 
constitutes a violation of section 922(a)(1)(A), travels from 
any State or foreign country into any other State and acquires, 
or attempts to acquire, a firearm in such other State in 
furtherance of such purpose shall be imprisoned for not more 
than 10 years.
  (o) A person who conspires to commit an offense under 
subsection (c) shall be imprisoned for not more than 20 years, 
fined under this title, or both; and if the firearm is a 
machinegun or destructive device, or is equipped with a firearm 
silencer or muffler, shall be imprisoned for any term of years 
or life.
  (p) Penalties Relating To Secure Gun Storage or Safety 
Device.--
          (1) In general.--
                  (A) Suspension or revocation of license; 
                civil penalties.--With respect to each 
                violation of section 922(z)(1) by a licensed 
                manufacturer, licensed importer, or licensed 
                dealer, the Secretary may, after notice and 
                opportunity for hearing--
                          (i) suspend for not more than 6 
                        months, or revoke, the license issued 
                        to the licensee under this chapter that 
                        was used to conduct the firearms 
                        transfer; or
                          (ii) subject the licensee to a civil 
                        penalty in an amount equal to not more 
                        than $2,500.
                  (B) Review.--An action of the Secretary under 
                this paragraph may be reviewed only as provided 
                under section 923(f).
          (2) Administrative remedies.--The suspension or 
        revocation of a license or the imposition of a civil 
        penalty under paragraph (1) shall not preclude any 
        administrative remedy that is otherwise available to 
        the Secretary.

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PART II--CRIMINAL PROCEDURE

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                         CHAPTER 227--SENTENCES

SUBCHAPTER A--GENERAL PROVISIONS

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Sec. 3553. Imposition of a sentence

  (a) Factors To Be Considered in Imposing a Sentence.--The 
court shall impose a sentence sufficient, but not greater than 
necessary, to comply with the purposes set forth in paragraph 
(2) of this subsection. The court, in determining the 
particular sentence to be imposed, shall consider--
          (1) the nature and circumstances of the offense and 
        the history and characteristics of the defendant;
          (2) the need for the sentence imposed--
                  (A) to reflect the seriousness of the 
                offense, to promote respect for the law, and to 
                provide just punishment for the offense;
                  (B) to afford adequate deterrence to criminal 
                conduct;
                  (C) to protect the public from further crimes 
                of the defendant; and
                  (D) to provide the defendant with needed 
                educational or vocational training, medical 
                care, or other correctional treatment in the 
                most effective manner;
          (3) the kinds of sentences available;
          (4) the kinds of sentence and the sentencing range 
        established for--
                  (A) the applicable category of offense 
                committed by the applicable category of 
                defendant as set forth in the guidelines--
                          (i) issued by the Sentencing 
                        Commission pursuant to section 
                        994(a)(1) of title 28, United States 
                        Code, subject to any amendments made to 
                        such guidelines by act of Congress 
                        (regardless of whether such amendments 
                        have yet to be incorporated by the 
                        Sentencing Commission into amendments 
                        issued under section 994(p) of title 
                        28); and
                          (ii) that, except as provided in 
                        section 3742(g), are in effect on the 
                        date the defendant is sentenced; or
                  (B) in the case of a violation of probation 
                or supervised release, the applicable 
                guidelines or policy statements issued by the 
                Sentencing Commission pursuant to section 
                994(a)(3) of title 28, United States Code, 
                taking into account any amendments made to such 
                guidelines or policy statements by act of 
                Congress (regardless of whether such amendments 
                have yet to be incorporated by the Sentencing 
                Commission into amendments issued under section 
                994(p) of title 28);
          (5) any pertinent policy statement--
                  (A) issued by the Sentencing Commission 
                pursuant to section 994(a)(2) of title 28, 
                United States Code, subject to any amendments 
                made to such policy statement by act of 
                Congress (regardless of whether such amendments 
                have yet to be incorporated by the Sentencing 
                Commission into amendments issued under section 
                994(p) of title 28); and
                  (B) that, except as provided in section 
                3742(g), is in effect on the date the defendant 
                is sentenced.
          (6) the need to avoid unwarranted sentence 
        disparities among defendants with similar records who 
        have been found guilty of similar conduct; and
          (7) the need to provide restitution to any victims of 
        the offense.
  (b) Application of Guidelines in Imposing a Sentence.--
          (1) In general.--Except as provided in paragraph (2), 
        the court shall impose a sentence of the kind, and 
        within the range, referred to in subsection (a)(4) 
        unless the court finds that there exists an aggravating 
        or mitigating circumstance of a kind, or to a degree, 
        not adequately taken into consideration by the 
        Sentencing Commission in formulating the guidelines 
        that should result in a sentence different from that 
        described. In determining whether a circumstance was 
        adequately taken into consideration, the court shall 
        consider only the sentencing guidelines, policy 
        statements, and official commentary of the Sentencing 
        Commission. In the absence of an applicable sentencing 
        guideline, the court shall impose an appropriate 
        sentence, having due regard for the purposes set forth 
        in subsection (a)(2). In the absence of an applicable 
        sentencing guideline in the case of an offense other 
        than a petty offense, the court shall also have due 
        regard for the relationship of the sentence imposed to 
        sentences prescribed by guidelines applicable to 
        similar offenses and offenders, and to the applicable 
        policy statements of the Sentencing Commission.
          (2) Child crimes and sexual offenses.--
                  (A)  Sentencing.--In sentencing a defendant 
                convicted of an offense under section 1201 
                involving a minor victim, an offense under 
                section 1591, or an offense under chapter 71, 
                109A, 110, or 117, the court shall impose a 
                sentence of the kind, and within the range, 
                referred to in subsection (a)(4) unless--
                          (i) the court finds that there exists 
                        an aggravating circumstance of a kind, 
                        or to a degree, not adequately taken 
                        into consideration by the Sentencing 
                        Commission in formulating the 
                        guidelines that should result in a 
                        sentence greater than that described;
                          (ii) the court finds that there 
                        exists a mitigating circumstance of a 
                        kind or to a degree, that--
                                  (I) has been affirmatively 
                                and specifically identified as 
                                a permissible ground of 
                                downward departure in the 
                                sentencing guidelines or policy 
                                statements issued under section 
                                994(a) of title 28, taking 
                                account of any amendments to 
                                such sentencing guidelines or 
                                policy statements by Congress;
                                  (II) has not been taken into 
                                consideration by the Sentencing 
                                Commission in formulating the 
                                guidelines; and
                                  (III) should result in a 
                                sentence different from that 
                                described; or
                          (iii) the court finds, on motion of 
                        the Government, that the defendant has 
                        provided substantial assistance in the 
                        investigation or prosecution of another 
                        person who has committed an offense and 
                        that this assistance established a 
                        mitigating circumstance of a kind, or 
                        to a degree, not adequately taken into 
                        consideration by the Sentencing 
                        Commission in formulating the 
                        guidelines that should result in a 
                        sentence lower than that described.
                In determining whether a circumstance was 
                adequately taken into consideration, the court 
                shall consider only the sentencing guidelines, 
                policy statements, and official commentary of 
                the Sentencing Commission, together with any 
                amendments thereto by act of Congress. In the 
                absence of an applicable sentencing guideline, 
                the court shall impose an appropriate sentence, 
                having due regard for the purposes set forth in 
                subsection (a)(2). In the absence of an 
                applicable sentencing guideline in the case of 
                an offense other than a petty offense, the 
                court shall also have due regard for the 
                relationship of the sentence imposed to 
                sentences prescribed by guidelines applicable 
                to similar offenses and offenders, and to the 
                applicable policy statements of the Sentencing 
                Commission, together with any amendments to 
                such guidelines or policy statements by act of 
                Congress.
  (c) Statement of Reasons for Imposing a Sentence.--The court, 
at the time of sentencing, shall state in open court the 
reasons for its imposition of the particular sentence, and, if 
the sentence--
          (1) is of the kind, and within the range, described 
        in subsection (a)(4), and that range exceeds 24 months, 
        the reason for imposing a sentence at a particular 
        point within the range; or
          (2) is not of the kind, or is outside the range, 
        described in subsection (a)(4), the specific reason for 
        the imposition of a sentence different from that 
        described, which reasons must also be stated with 
        specificity in a statement of reasons form issued under 
        section 994(w)(1)(B) of title 28, except to the extent 
        that the court relies upon statements received in 
        camera in accordance with Federal Rule of Criminal 
        Procedure 32. In the event that the court relies upon 
        statements received in camera in accordance with 
        Federal Rule of Criminal Procedure 32 the court shall 
        state that such statements were so received and that it 
        relied upon the content of such statements.
If the court does not order restitution, or orders only partial 
restitution, the court shall include in the statement the 
reason therefor. The court shall provide a transcription or 
other appropriate public record of the court's statement of 
reasons, together with the order of judgment and commitment, to 
the Probation System and to the Sentencing Commission,, and, if 
the sentence includes a term of imprisonment, to the Bureau of 
Prisons.
  (d) Presentence Procedure for an Order of Notice.--Prior to 
imposing an order of notice pursuant to section 3555, the court 
shall give notice to the defendant and the Government that it 
is considering imposing such an order. Upon motion of the 
defendant or the Government, or on its own motion, the court 
shall--
          (1) permit the defendant and the Government to submit 
        affidavits and written memoranda addressing matters 
        relevant to the imposition of such an order;
          (2) afford counsel an opportunity in open court to 
        address orally the appropriateness of the imposition of 
        such an order; and
          (3) include in its statement of reasons pursuant to 
        subsection (c) specific reasons underlying its 
        determinations regarding the nature of such an order.
Upon motion of the defendant or the Government, or on its own 
motion, the court may in its discretion employ any additional 
procedures that it concludes will not unduly complicate or 
prolong the sentencing process.
  (e) Limited Authority To Impose a Sentence Below a Statutory 
Minimum.--Upon motion of the Government, the court shall have 
the authority to impose a sentence below a level established by 
statute as a minimum sentence so as to reflect a defendant's 
substantial assistance in the investigation or prosecution of 
another person who has committed an offense. Such sentence 
shall be imposed in accordance with the guidelines and policy 
statements issued by the Sentencing Commission pursuant to 
section 994 of title 28, United States Code.
  (f) Limitation on Applicability of Statutory Minimums in 
Certain Cases.--Notwithstanding any other provision of law, in 
the case of an offense under section 401, 404, or 406 of the 
Controlled Substances Act (21 U.S.C. 841, 844, 846) or section 
1010 or 1013 of the Controlled Substances Import and Export Act 
(21 U.S.C. 960, 963), the court shall impose a sentence 
pursuant to guidelines promulgated by the United States 
Sentencing Commission under section 994 of title 28 without 
regard to any statutory minimum sentence, 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 more than 1 criminal 
        history point, as determined under the sentencing 
        guidelines;]
          (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;
          (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;
          (3) the offense did not result in death or serious 
        bodily injury to any person;
          (4) the defendant was not an organizer, leader, 
        manager, or supervisor of others in the offense, as 
        determined under the sentencing guidelines and was not 
        engaged in a continuing criminal enterprise, as defined 
        in section 408 of the Controlled Substances Act; and
          (5) 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.
  (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.
  (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.

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