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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3713 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 698
114th CONGRESS
  2d Session
                                H. R. 3713

                      [Report No. 114-888, Part I]

           To reform sentencing laws, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 8, 2015

Mr. Goodlatte (for himself, Mr. Conyers, Ms. Jackson Lee, Mr. Labrador, 
  Mr. Bishop of Michigan, Ms. Judy Chu of California, Mr. Chabot, Mr. 
 Nadler, Mr. Chaffetz, Mr. Cohen, Mr. Collins of Georgia, Mr. Deutch, 
Mrs. Mimi Walters of California, Ms. DelBene, Mr. Trott, Mr. Cicilline, 
  Mr. Rooney of Florida, and Mr. Pierluisi) introduced the following 
  bill; which was referred to the Committee on the Judiciary, and in 
 addition to the Committee on Energy and Commerce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

                           December 23, 2016

Additional sponsors: Mr. Gutierrez, Ms. Bass, Mr. Peters, Mr. Young of 
Iowa, Mr. Ellison, Ms. Brown of Florida, Mr. McNerney, Mr. Rush, Mr. Al 
Green of Texas, Ms. Eddie Bernice Johnson of Texas, Mr. Clay, Mr. Danny 
 K. Davis of Illinois, Ms. Wilson of Florida, Ms. Gabbard, Mr. Hanna, 
   Mr. Olson, Ms. Jenkins of Kansas, Mr. Welch, Ms. Schakowsky, Mr. 
Curbelo of Florida, Mrs. Lawrence, Ms. Lee, Ms. Velazquez, Mrs. Beatty, 
Mr. O'Rourke, Mr. Payne, Mr. Takano, Mr. Higgins, Mr. Kline, Mr. Emmer 
   of Minnesota, Mr. Gene Green of Texas, Mr. Takai, Ms. Kaptur, Mr. 
 McGovern, Mr. Garrett, Mr. Vargas, Mr. Kildee, Ms. Fudge, Mr. Polis, 
Mr. Quigley, Ms. Ros-Lehtinen, Mr. Ryan of Ohio, Mr. Honda, Mr. Lewis, 
 Ms. Slaughter, Mr. Serrano, Mr. Loebsack, Mr. Brady of Pennsylvania, 
  Mr. Sean Patrick Maloney of New York, Mr. Levin, Mr. David Scott of 
  Georgia, Mr. Foster, Mrs. Napolitano, Mr. Larsen of Washington, Mr. 
     Blum, Mr. McDermott, Mrs. Love, Mr. Doggett, Mr. Ted Lieu of 
   California, Mrs. Davis of California, Ms. Pingree, and Mr. Sherman

                           December 23, 2016

     Reported from the Committee on the Judiciary with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           December 23, 2016

   The Committee on Energy and Commerce discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed
[For text of introduced bill, see copy of bill as introduced on October 
                                8, 2015]

_______________________________________________________________________

                                 A BILL

 
           To reform sentencing laws, and for other purposes.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sentencing Reform Act of 2015''.

SEC. 2. REDUCE AND RESTRICT ENHANCED SENTENCING FOR PRIOR DRUG 
              FELONIES.

    (a) Controlled Substances Act Amendments.--The Controlled 
Substances Act (21 U.S.C. 801 et seq.) is amended--
            (1) in section 102 (21 U.S.C. 802), by adding at the end 
        the following:
    ``(57) The term `serious drug felony' means an offense described in 
section 924(e)(2)(A) of title 18, United States Code, for which the 
offender served a term of imprisonment of more than 12 months.
    ``(58) The term `serious violent felony' means an offense--
            ``(A) described in section 3559(c)(2)(F) of title 18, 
        United States Code, for which the offender served a term of 
        imprisonment of more than 12 months; or
            ``(B) that would be a felony violation of section 113 of 
        title 18, United States Code, if the offense were committed in 
        the special maritime and territorial jurisdiction of the United 
        States, for which the offender served a term of imprisonment of 
        more than 12 months.'';
            (2) in section 401(b)(1) (21 U.S.C. 841(b)(1))--
                    (A) in subparagraph (A), in the flush text 
                following clause (viii)--
                            (i) by striking ``If any person commits 
                        such a violation after a prior conviction for a 
                        felony drug offense has become final, such 
                        person shall be sentenced to a term of 
                        imprisonment which may not be less than 20 
                        years'' and inserting the following: ``If any 
                        person commits such a violation after a prior 
                        conviction for a serious drug felony or serious 
                        violent felony has become final, such person 
                        shall be sentenced to a term of imprisonment of 
                        not less than 15 years''; and
                            (ii) by striking ``after two or more prior 
                        convictions for a felony drug offense have 
                        become final, such person shall be sentenced to 
                        a mandatory term of life imprisonment without 
                        release'' and inserting the following: ``after 
                        2 or more prior convictions for a serious drug 
                        felony or serious violent felony have become 
                        final, such person shall be sentenced to a term 
                        of imprisonment of not less than 25 years''; 
                        and
                    (B) in subparagraph (B), in the flush text 
                following clause (viii), by striking ``If any person 
                commits such a violation after a prior conviction for a 
                felony drug offense has become final'' and inserting 
                the following: ``If any person commits such a violation 
                after a prior conviction for a serious drug felony or 
                serious violent felony has become final''; and
            (3) by adding at the end of section 401(b) (21 U.S.C. 
        841(b)) the following:
    ``(8) In the case of a violation of subsection (a), if the mixture 
or substance containing a detectable amount of heroin also contains a 
detectable amount of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] 
propanamide or any analogue of N-phenyl-N-[ 1-(2-phenylethyl) -4-
piperidinyl] propanamide, then a court shall, in addition to the term 
of punishment for the violation of this section, impose a term of 
imprisonment not to exceed 5 years, which shall not run concurrently 
with any term of imprisonment imposed on the person under any other 
provision of law.
    ``(9) In the case of a violation of subsection (a), if the mixture 
or substance containing a detectable amount of N-phenyl-N-[ 1-(2-
phenylethyl) -4-piperidinyl] propanamide or any analogue of N-phenyl-N-
[ 1-(2-phenylethyl) -4-piperidinyl] propanamide was represented to be 
or sold as heroin, then a court shall , in addition to the term of 
punishment for the violation of this section, impose a term of 
imprisonment not to exceed 5 years, which shall not run concurrently 
with any term of imprisonment imposed on the person under any other 
provision of law.''.
    (b) Controlled Substances Import and Export Act Amendments.--
Section 1010(b) of the Controlled Substances Import and Export Act (21 
U.S.C. 960(b)) is amended--
            (1) in paragraph (1), in the flush text following 
        subparagraph (H), by striking ``If any person commits such a 
        violation after a prior conviction for a felony drug offense 
        has become final, such person shall be sentenced to a term of 
        imprisonment of not less than 20 years'' and inserting ``If any 
        person commits such a violation after a prior conviction for a 
        serious drug felony or serious violent felony has become final, 
        such person shall be sentenced to a term of imprisonment of not 
        less than 15 years'';
            (2) in paragraph (2), in the flush text following 
        subparagraph (H), by striking ``felony drug offense'' and 
        inserting ``serious drug felony or serious violent felony''; 
        and
            (3) by adding at the end the following:
    ``(8) In the case of a violation of subsection (a), if the mixture 
or substance containing a detectable amount of heroin also contains a 
detectable amount of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] 
propanamide or any analogue of N-phenyl-N-[ 1-(2-phenylethyl) -4-
piperidinyl] propanamide, then a court shall--
            ``(A) not impose a term of probation;
            ``(B) in addition to the term of punishment for the 
        violation of this section, impose a term of imprisonment not to 
        exceed 5 years; and
            ``(C) no term of imprisonment imposed on a person under 
        subparagraph (B) shall run concurrently with any term of 
        imprisonment imposed on the person under any other provision of 
        law.
    ``(9) In the case of a violation of subsection (a), if the mixture 
or substance containing a detectable amount of N-phenyl-N-[ 1-(2-
phenylethyl) -4-piperidinyl] propanamide or any analogue of N-phenyl-N-
[ 1-(2-phenylethyl) -4-piperidinyl] propanamide was represented to be 
or sold as heroin, then a court shall--
            ``(A) not impose a term of probation;
            ``(B) in addition to the term of punishment for the 
        violation of this section, impose a term of imprisonment not to 
        exceed 5 years; and
            ``(C) no term of imprisonment imposed on a person under 
        subparagraph (B) shall run concurrently with any term of 
        imprisonment imposed on the person under any other provision of 
        law.''.
    (c) Applicability to Pending and Past Cases.--
            (1) Pending cases.--This section, and the amendments made 
        by this section, shall apply to any offense that was committed 
        before the date of enactment of this Act, if a sentence for the 
        offense has not been imposed as of such date of enactment.
            (2) Past cases.--
                    (A) General rule.--In the case of a defendant 
                (other than a defendant with a prior conviction for a 
                qualifying serious violent felony) who, before the date 
                of enactment of this Act, was convicted of an offense 
                for which the penalty is amended by this section and 
                who was sentenced to a term of imprisonment for the 
                offense, the sentencing court may, on motion of the 
                defendant or the Director of the Bureau of Prisons, or 
                on its own motion, upon prior notice to the Government, 
                reduce the term of imprisonment for the offense, after 
                considering the factors set forth in section 3553(a) of 
                title 18, United States Code, the nature and 
                seriousness of the danger to any person or the 
                community, and the post-sentencing conduct of the 
                defendant, if such a reduction is consistent with this 
                section and the amendments made by this section.
                    (B) Definition.--In this paragraph the term 
                ``qualifying serious violent felony'' means an offense 
                that--
                            (i) is a serious violent felony as that 
                        term is defined in section 102(58) of the 
                        Controlled Substances Act; and
                            (ii) carries 3 or more criminal history 
                        points as determined under the United States 
                        Sentencing Guidelines.

SEC. 3. BROADENING OF EXISTING SAFETY VALVE.

    (a) Amendments.--Section 3553 of title 18, United States Code, is 
amended--
            (1) in subsection (f), by striking paragraph (1) and 
        inserting the following:
            ``(1) the defendant does not have--
                    ``(A) more than 4 criminal history points as 
                determined under the sentencing guidelines;
                    ``(B) a prior 3-point offense, as determined under 
                the sentencing guidelines; or
                    ``(C) a prior 2-point drug trafficking or violent 
                offense, as determined under the sentencing 
                guidelines;''; and
            (2) by adding at the end the following:
    ``(g) Inadequacy of Criminal History.--
            ``(1) In general.--If subsection (f) does not apply to a 
        defendant because the defendant does not meet the requirements 
        described in subsection (f)(1) (relating to criminal history), 
        the court may, upon prior notice to the Government, waive 
        subsection (f)(1) if the court specifies in writing the 
        specific reasons why reliable information indicates that 
        excluding the defendant pursuant to subsection (f)(1) 
        substantially overrepresents the seriousness of the defendant's 
        criminal history or the likelihood that the defendant will 
        commit other crimes.
            ``(2) Prohibition.--This subsection shall not apply to any 
        defendant who has been convicted of a serious drug felony or a 
        serious violent felony as defined in paragraphs (57) and (58), 
        respectively, of section 102 of the Controlled Substances Act 
        (21 U.S.C. 802).
    ``(h) Definitions.--As used in this section--
            ``(1) the term `drug trafficking offense' means an offense 
        that is punishable by imprisonment under any law of the United 
        States, or of a State or foreign country, that prohibits or 
        restricts the importation, manufacture, or distribution of 
        controlled substances or the possession of controlled 
        substances with intent to distribute; and
            ``(2) the term `violent offense' means a `crime of 
        violence', as defined in section 16, that is punishable by 
        imprisonment.''.
    (b) Applicability.--The amendments made by this section shall apply 
only to a conviction entered on or after the date of enactment of this 
Act.

SEC. 4. LIMITATION ON APPLICATION OF THE 10-YEAR MANDATORY MINIMUM.

    (a) Amendment.--Section 3553 of title 18, United States Code, as 
amended by section 3, is further amended by adding at the end the 
following:
    ``(i) Limitation on Applicability of Certain Statutory Minimums.--
Notwithstanding any other provision of law, in the case of a conviction 
under section 401 or 406 of the Controlled Substances Act (21 U.S.C. 
841 and 846) or section 1010 or 1013 of the Controlled Substances 
Import and Export Act (21 U.S.C. 960 and 963) for which the statutory 
minimum term of imprisonment is 10 years, the court may impose a 
sentence as if the statutory minimum term of imprisonment was 5 years, 
if the court finds at sentencing, after the Government has been 
afforded the opportunity to make a recommendation, that--
            ``(1) the defendant does not have a prior conviction for a 
        serious drug felony or serious violent felony as defined in 
        paragraphs (57) and (58), respectively, of section 102 of the 
        Controlled Substances Act (21 U.S.C. 802) that was made final 
        prior to the commission of the instant offense;
            ``(2) the defendant did not use violence or credible 
        threats of violence or possess a firearm or other dangerous 
        weapon (or induce another participant to do so) in connection 
        with the offense, and the offense did not result in death or 
        serious bodily injury to any person;
            ``(3) the defendant did not play an enhanced role in the 
        offense by acting as an organizer, leader, manager, or 
        supervisor of other participants in the offense, as determined 
        under the sentencing guidelines, or by exercising substantial 
        authority or control over the criminal activity of a criminal 
        organization, regardless of whether the defendant was a member 
        of such organization;
            ``(4) the defendant did not act as an importer, exporter, 
        high-level distributor or supplier, wholesaler, or manufacturer 
        of the controlled substances involved in the offense or engage 
        in a continuing criminal enterprise, as defined in section 408 
        of the Controlled Substances Act (21 U.S.C. 848);
            ``(5) the defendant did not distribute a controlled 
        substance to or with a person under 18 years of age; and
            ``(6) not later than the time of the sentencing hearing, 
        the defendant has truthfully provided to the Government all 
        information and evidence the defendant has concerning the 
        offense or offenses that were part of the same course of 
        conduct or of a common scheme or plan, but the fact that the 
        defendant has no relevant or useful other information to 
        provide or that the Government is already aware of the 
        information shall not preclude a determination by the court 
        that the defendant has complied with this requirement.
    ``(j) Definitions.--As used in subsection (i) of this section--
            ``(1) the term `importer, exporter, or high-level 
        distributor or supplier'--
                    ``(A) means a defendant who imported, exported, or 
                otherwise distributed or supplied large quantities of a 
                controlled substance to other drug distributors; and
                    ``(B) does not include a defendant whose role was 
                limited to transporting drugs or money at the direction 
                of others;
            ``(2) the term `manufacturer' means a defendant who grew, 
        produced, or manufactured a controlled substance and was the 
        principal owner of such controlled substance; and
            ``(3) the term `wholesaler' means a defendant who sold non-
        retail quantities of a controlled substance to other dealers or 
        distributors.''.
    (b) Applicability.--The amendment made by this section shall apply 
only to a conviction entered on or after the date of enactment of this 
Act.

SEC. 5. CLARIFICATION OF SECTION 924(C) OF TITLE 18, UNITED STATES 
              CODE.

    (a) In General.--Section 924(c)(1)(C) of title 18, United States 
Code, is amended--
            (1) in the matter preceding clause (i), by striking 
        ``second or subsequent conviction under this subsection'' and 
        inserting ``violation of this subsection that occurs after a 
        prior conviction under this subsection or under State law for a 
        crime of violence that contains as an element of the offense 
        the carrying, brandishing, or use of a firearm has become 
        final''; and
            (2) in clause (i), by striking ``not less than 25 years'' 
        and inserting ``not less than 15 years''.
    (b) Applicability to Pending and Past Cases.--
            (1) Pending cases.--This section, and the amendments made 
        by this section, shall apply to any offense that was committed 
        before the date of enactment of this Act, if a sentence for the 
        offense has not been imposed as of such date of enactment.
            (2) Certain past cases.--
                    (A) General rule.--Except as provided in 
                subparagraph (B), in the case of a defendant who, 
                before the date of enactment of this Act, was convicted 
                of an offense for which the penalty is amended by this 
                section and was sentenced to a term of imprisonment for 
                the offense, the sentencing court may, on motion of the 
                defendant or the Director of the Bureau of Prisons, or 
                on its own motion, upon prior notice to the Government, 
                reduce the term of imprisonment for the offense, after 
                considering the factors set forth in section 3553(a) of 
                title 18, United States Code, the nature and 
                seriousness of the danger to any person or the 
                community, and the post-sentencing conduct of the 
                defendant, if such a reduction is consistent with this 
                section and the amendments made by this section.
                    (B) Exception.--Subparagraph (A) does not apply in 
                the case of an offense affected by the amendment made 
                in subsection (a)(2) with regard to a defendant who has 
                a prior conviction for a serious violent felony, as 
                defined in section 102(58) of the Controlled Substances 
                Act.

SEC. 6. AMENDMENT TO CERTAIN PENALTIES FOR CERTAIN FIREARM OFFENSES AND 
              ARMED CAREER CRIMINAL PROVISION.

    (a) Amendments.--Section 924 of title 18, United States Code, is 
amended--
            (1) in subsection (a)(2), by striking ``not more than 10 
        years'' and inserting ``not more than 15 years''; and
            (2) in subsection (e)(1), by striking ``not less than 
        fifteen years'' and inserting ``not less than 10 years''.
    (b) Applicability to Pending and Past Cases.--
            (1) Pending cases.--This section, and the amendments made 
        by this section, shall apply to any offense that was committed 
        before the date of enactment of this Act, if a sentence for the 
        offense has not been imposed as of such date of enactment.
            (2) Past cases.--In the case of a defendant (other than a 
        defendant with a prior conviction for a serious violent felony, 
        as defined in section 102(58) of the Controlled Substances Act) 
        who, before the date of enactment of this Act, was convicted of 
        an offense for which the penalty is amended by this section and 
        was sentenced to a term of imprisonment for the offense, the 
        sentencing court may, on motion of the defendant or the 
        Director of the Bureau of Prisons, or on its own motion, upon 
        prior notice to the Government, reduce the term of imprisonment 
        for the offense, after considering the factors set forth in 
        section 3553(a) of title 18, United States Code, the nature and 
        seriousness of the danger to any person or the community, and 
        the post-sentencing conduct of the defendant, if such a 
        reduction is consistent with this section and the amendments 
        made by this section.

SEC. 7. APPLICATION OF FAIR SENTENCING ACT.

    (a) Definition of Covered Offense.--In this section, the term 
``covered offense'' means a violation of a Federal criminal statute, 
the statutory penalties for which were modified by section 2 or 3 of 
the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372), 
that was committed before August 3, 2010.
    (b) Defendants Previously Sentenced.--A court that imposed a 
sentence for a covered offense, may, on motion of the defendant, the 
Director of the Bureau of Prisons, the attorney for the Government, or 
the court, impose a reduced sentence as if sections 2 and 3 of the Fair 
Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372) were in 
effect at the time the covered offense was committed.
    (c) Limitations.--No court shall entertain a motion made under this 
section to reduce a sentence if the sentence was imposed or reduced to 
a sentence greater than the applicable mandatory minimum in accordance 
with the amendments made by sections 2 and 3 of the Fair Sentencing Act 
of 2010 (Public Law 111-220; 124 Stat. 2372), or if a motion made 
pursuant to section 2 or 3 of the Fair Sentencing Act or under this 
section was denied by a court because a reduction in the defendant's 
term of imprisonment would pose a danger to any person or the community 
or was denied by a court because of the defendant's post-sentencing 
conduct. Nothing in this section shall require a court to reduce any 
sentence pursuant to this section.

SEC. 8. REPORT ON MANDATORY MINIMUM SENTENCING PROVISIONS.

    (a) Report.--Not later than 1 year after the date of enactment of 
this Act, the Attorney General, in consultation with the United States 
Sentencing Commission, shall submit to the Committee on the Judiciary 
of the Senate and the Committee on the Judiciary of the House of 
Representatives a report on mandatory minimum sentencing provisions 
under Federal law.
    (b) Contents of Report.--The report submitted under subsection (a) 
shall include--
            (1) a compilation of all mandatory minimum sentencing 
        provisions under Federal law;
            (2) an assessment of the effect of mandatory minimum 
        sentencing provisions under Federal law on the goal of 
        eliminating unwarranted sentencing disparity and other goals of 
        sentencing;
            (3) an assessment of the impact of mandatory minimum 
        sentencing provisions on the Federal prison population;
            (4) an assessment of the compatibility of mandatory minimum 
        sentencing provisions under Federal law and the sentencing 
        guidelines system established under the Sentencing Reform Act 
        of 1984 (Public Law 98-473; 98 Stat. 1987) and the sentencing 
        guidelines system in place after Booker v. United States, 543 
        U.S. 220 (2005);
            (5) a description of the interaction between mandatory 
        minimum sentencing provisions under Federal law and plea 
        agreements; and
            (6) any other information that the Attorney General, in 
        consultation with the United States Sentencing Commission, 
        determines would contribute to a thorough assessment of 
        mandatory minimum sentencing provisions under Federal law.

SEC. 9. SENSE OF CONGRESS.

    It is the sense of Congress that reform of the criminal justice 
system, in order to make it more effective, safe, humane, fiscally 
sustainable, and fair to victims, law enforcement, offenders, and the 
general public, requires the integration of a mental health component 
as part of a comprehensive reform strategy. This reform strategy should 
strive to identify those most in need of mental health services and 
employ best practices to provide emergency and crisis services, 
specialized law enforcement response training, court hearings for 
alternative dispositions, and appropriate community supervision support 
services.
                                                 Union Calendar No. 698

114th CONGRESS

  2d Session

                               H. R. 3713

                      [Report No. 114-888, Part I]

_______________________________________________________________________

                                 A BILL

           To reform sentencing laws, and for other purposes.

_______________________________________________________________________

                           December 23, 2016

     Reported from the Committee on the Judiciary with an amendment

                           December 23, 2016

   The Committee on Energy and Commerce discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed
```