II 

Calendar No. 315 

117TH CONGRESS 

2D SESSION H. R. 1621 

IN THE SENATE OF THE UNITED STATES 

MARCH 29, 2022 

Received; read twice and placed on the calendar 

AN ACT 

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

to prohibit the consideration of acquitted conduct at sentencing. 

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 conVerDate Sep 11 2014 02:16 Mar 30, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1621.PCS H1621

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HR 1621 PCS

1 sider, except for purposes of mitigating a sentence, 

2 acquitted conduct under this section’’ before the pe3 riod at the end. 

4 (2) APPLICABILITY.—The amendment made by 

5 paragraph (1) shall apply only to a judgment en6 tered on or after the date of enactment of this Act. 

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

8 States Code, is amended— 

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

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

11 ‘‘(a) As’’; and 

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

13 ‘‘(b) As used in this chapter, the term ‘acquitted con14 duct’ means— 

15 ‘‘(1) an act— 

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

17 charged and with regard to which— 

18 ‘‘(i) that person was adjudicated not 

19 guilty after trial in a Federal, State, or 

20 Tribal court; or 

21 ‘‘(ii) any favorable disposition to the 

22 person in any prior charge was made, re23 gardless of whether the disposition was 

24 pretrial, at trial, or post trial; or 


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

2 charged and for which the juvenile was found 

3 not responsible after a juvenile adjudication 

4 hearing; or 

5 ‘‘(2) any act underlying a criminal charge or ju6 venile information dismissed— 

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

8 acquittal under rule 29 of the Federal Rules of 

9 Criminal Procedure; or 

10 ‘‘(B) in a State or Tribal court upon a mo11 tion for acquittal or an analogous motion under 

12 the applicable State or Tribal rule of criminal 

13 procedure.’’. 

14 SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 

15 The budgetary effects of this Act, for the purpose of 

16 complying with the Statutory Pay-As-You-Go Act of 2010, 

17 shall be determined by reference to the latest statement 

18 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

19 Act, submitted for printing in the Congressional Record 

20 by the Chairman of the House Budget Committee, pro21 vided that such statement has been submitted prior to the 

22 vote on passage. 

Passed the House of Representatives March 28, 

2022. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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Calendar No. 315 

117TH CONGRESS 

2D SESSION H. R. 1621 

AN ACT 

To amend section 3661 of title 18, United States 

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

MARCH 29, 2022 

Received; read twice and placed on the calendar 


pbinns on DSKJLVW7X2PROD with BILLS