IB 

Union Calendar No. 206 

117TH CONGRESS 

2D SESSION H. R. 1621 

[Report No. 117–279] 

To amend section 3661 of title 18, United States Code, to prohibit the 

consideration of acquitted conduct at sentencing. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 8, 2021 

Mr. COHEN (for himself and Mr. ARMSTRONG) introduced the following bill; 

which was referred to the Committee on the Judiciary 

MARCH 28, 2022 

Additional sponsors: Ms. GARCIA of Texas, Mr. KELLER, and Ms. WILLIAMS

of Georgia 

MARCH 28, 2022 

Reported from the Committee on the Judiciary; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 


pamtmann on DSKBC07HB2PROD with BILLS
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•HR 1621 RH

A BILL 

To amend section 3661 of title 18, United States Code, 

to prohibit the consideration of acquitted conduct at sentencing. 


pamtmann on DSKBC07HB2PROD with BILLS
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•HR 1621 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Prohibiting Punish5 ment of Acquitted Conduct Act of 2021’’. 

6 SEC. 2. ACQUITTED CONDUCT AT SENTENCING. 

7 (a) USE OF INFORMATION FOR SENTENCING.— 

8 (1) AMENDMENT.—Section 3661 of title 18, 

9 United States Code, is amended by inserting ‘‘, ex10 cept that a court of the United States shall not con11 sider, except for purposes of mitigating a sentence, 

12 acquitted conduct under this section’’ before the pe13 riod at the end. 

14 (2) APPLICABILITY.—The amendment made by 

15 paragraph (1) shall apply only to a judgment en16 tered on or after the date of enactment of this Act. 

17 (b) DEFINITIONS.—Section 3673 of title 18, United 

18 States Code, is amended— 

19 (1) in the matter preceding paragraph (1), by 

20 striking ‘‘As’’ and inserting the following: 

21 ‘‘(a) As’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(b) As used in this chapter, the term ‘acquitted con24 duct’ means— 

25 ‘‘(1) an act— 


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•HR 1621 RH

1 ‘‘(A) for which a person was criminally 

2 charged and with regard to which— 

3 ‘‘(i) that person was adjudicated not 

4 guilty after trial in a Federal, State, or 

5 Tribal court; or 

6 ‘‘(ii) any favorable disposition to the 

7 person in any prior charge was made, re8 gardless of whether the disposition was 

9 pretrial, at trial, or post trial; or 

10 ‘‘(B) in the case of a juvenile, that was 

11 charged and for which the juvenile was found 

12 not responsible after a juvenile adjudication 

13 hearing; or 

14 ‘‘(2) any act underlying a criminal charge or ju15 venile information dismissed— 

16 ‘‘(A) in a Federal court upon a motion for 

17 acquittal under rule 29 of the Federal Rules of 

18 Criminal Procedure; or 

19 ‘‘(B) in a State or Tribal court upon a mo20 tion for acquittal or an analogous motion under 

21 the applicable State or Tribal rule of criminal 

22 procedure.’’. 


pamtmann on DSKBC07HB2PROD with BILLS

pamtmann on DSKBC07HB2PROD with BILLS
Union Calendar No. 206 

117TH CONGRESS 

2D SESSION H. R. 1621 

[Report No. 117–279] 

A BILL 

To amend section 3661 of title 18, United States 

conduct at sentencing. Code, to prohibit the consideration of acquitted 

MARCH 28, 2022 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


pamtmann on DSKBC07HB2PROD with BILLS