II 

114TH CONGRESS 

1ST SESSION S. 1138 

To reclassify certain low-level felonies as misdemeanors, to eliminate the 

increased penalties for cocaine offenses where the cocaine involved is 

cocaine base, to reinvest in our communities, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 29, 2015 

Mr. PAUL (for himself and Mr. SCHATZ) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To reclassify certain low-level felonies as misdemeanors, to 

eliminate the increased penalties for cocaine offenses 

where the cocaine involved is cocaine base, to reinvest 

in our communities, and for other purposes. 

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 ‘‘Reclassification to En5 sure Smarter and Equal Treatment Act of 2015’’ or the 

6 ‘‘RESET Act’’. 


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1 SEC. 2. RECLASSIFICATION OF LOW-LEVEL FELONIES. 

2 (a) IN GENERAL.—Part D of the Controlled Sub3 stances Act (21 U.S.C. 841 et seq.) is amended— 

4 (1) in section 404(a) (21 U.S.C. 844(a))— 

5 (A) in the fourth sentence— 

6 (i) by striking ‘‘2 years’’ and inserting 

7 ‘‘1 year’’; 

8 (ii) by striking ‘‘$2,500’’ and insert9 ing ‘‘$1,000’’; 

10 (iii) by striking ‘‘3 years’’ and insert11 ing ‘‘1 year’’; and 

12 (iv) by striking ‘‘$5,000’’ and insert13 ing ‘‘$1,000’’; and 

14 (B) by striking the fifth sentence and in15 serting the following: ‘‘Notwithstanding any 

16 penalty provided in this subsection, any person 

17 who commits an offense under this subsection 

18 for the possession of a date rape drug (as de19 fined in section 401(g)(2)) after a prior convic20 tion under this title or title III, or a prior con21 viction for any drug, narcotic, or chemical of22 fense chargeable under the law of any State, 

23 has become final, shall be sentenced to a term 

24 of imprisonment for not less than 15 days but 

25 not more than 2 years, and shall be fined a 

26 minimum of $2,500 and if any person commits 


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1 such offense after 2 or more prior convictions 

2 under this title or title III, or 2 or more prior 

3 convictions for any drug, narcotic, or chemical 

4 offense chargeable under the law of any State, 

5 or a combination of 2 or more such offenses 

6 have become final, such person shall be sen7 tenced to a term of imprisonment for not less 

8 than 90 days but not more than 3 years, and 

9 shall be fined a minimum of $5,000.’’; and 

10 (2) in section 422(b) (21 U.S.C. 863(b)), by 

11 striking ‘‘three years’’ and inserting ‘‘1 year’’. 

12 (b) ELIMINATION OF INCREASED PENALTIES FOR

13 COCAINE OFFENSES WHERE THE COCAINE INVOLVED IS

14 COCAINE BASE.— 

15 (1) CONTROLLED SUBSTANCES ACT.—The fol16 lowing provisions of the Controlled Substances Act 

17 (21 U.S.C. 801 et seq.) are repealed: 

18 (A) Clause (iii) of section 401(b)(1)(A). 

19 (B) Clause (iii) of section 401(b)(1)(B). 

20 (2) CONTROLLED SUBSTANCES IMPORT AND

21 EXPORT ACT.—The following provisions of the Con22 trolled Substances Import and Export Act (21 

23 U.S.C. 951 et seq.) are repealed: 

24 (A) Subparagraph (C) of section 

25 1010(b)(1). 


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1 (B) Subparagraph (C) of section 

2 1010(b)(2). 

3 SEC. 3. WEIGHING OF CONTROLLED SUBSTANCES MIXED 

4 WITH FOOD PRODUCTS. 

5 (a) IN GENERAL.—Part D of the Controlled Sub6 stances Act (21 U.S.C. 841 et seq.) is amended by adding 

7 at the end the following: 

8 ‘‘SEC. 424. WEIGHING OF CONTROLLED SUBSTANCES MIXED 

9 WITH FOOD PRODUCTS. 

10 ‘‘In determining the weight of a controlled substance 

11 or mixture of controlled substances that is in compound 

12 with a food product for purposes of this title or title III, 

13 the weight of the food product shall not be included.’’. 

14 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

15 The table of contents for the Controlled Substances Act 

16 (21 U.S.C. 801 et seq.) is amended by inserting after the 

17 item relating to section 423 the following: 

‘‘Sec. 424. Weighing of controlled substances mixed with food products.’’. 

18 SEC. 4. APPLICABILITY TO PENDING AND PAST CASES. 

19 (a) PENDING CASES.—This Act, and the amend20 ments made by this Act, shall apply to any offense that 

21 was committed before the date of enactment of this Act, 

22 if a sentence for the offense has not been imposed as of 

23 such date of enactment. 

24 (b) PAST CASES.—In the case of a defendant who, 

25 before the date of enactment of this Act, was convicted 


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1 of an offense for which the penalty is amended by this 

2 Act and was sentenced to a term of imprisonment for the 

3 offense, the sentencing court may, on motion of the de4 fendant or the Director of the Bureau of Prisons, or on 

5 its own motion, reduce the term of imprisonment for the 

6 offense, after considering the factors set forth in section 

7 3553(a) of title 18, United States Code, to the extent the 

8 factors are applicable, if such a reduction is consistent 

9 with— 

10 (1) this Act and the amendments made by this 

11 Act; and 

12 (2) applicable policy statements issued by the 

13 United States Sentencing Commission. 

14 SEC. 5. EMERGENCY AUTHORITY FOR UNITED STATES SEN15 TENCING COMMISSION. 

16 (a) REVIEW AND AMENDMENT.—As soon as prac17 ticable after the date of enactment of this Act, the United 

18 States Sentencing Commission, pursuant to its authority 

19 under section 994 of title 28, United States Code, shall 

20 review and, if appropriate, amend the Federal sentencing 

21 guidelines and policy statements applicable to any person 

22 convicted of an offense affected by section 2, 3, or 4. 

23 (b) AUTHORIZATION.—In carrying out subsection (a), 

24 the Commission may amend the Federal sentencing guide25 lines in accordance with the procedures set forth in section 


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1 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) 

2 as though the authority under that section had not ex3 pired. 

4 SEC. 6. ESTABLISHMENT OF THE SAFE NEIGHBORHOODS 

5 AND SCHOOLS FUND. 

6 (a) ESTABLISHMENT.—A fund to be known as the 

7 ‘‘Safe Neighborhoods and Schools Fund’’ is hereby cre8 ated within the Department of Justice and is continuously 

9 appropriated without regard to fiscal year for carrying out 

10 the purposes of this chapter. For purposes of the calcula11 tions required, funds transferred to the Safe Neighbor12 hoods and Schools Fund shall be considered general fund 

13 revenues which may be appropriated pursuant to Article 

14 I. 

15 (b) FUNDING APPROPRIATION.— 

16 (1) IN GENERAL.—On or before July 31, 2016, 

17 and on or before July 31 of each fiscal year there18 after, the Department of Justice shall calculate the 

19 savings that accrued from the implementation of the 

20 act adding this chapter (‘‘this act’’) during the fiscal 

21 year ending June 30, as compared to the fiscal year 

22 preceding the enactment of this act. In making the 

23 calculation required by this subdivision, the Depart24 ment shall use actual data or best available esti25 mates where actual data is not available. The calVerDate Sep 11 2014 00:01 May 08, 2015 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1138.IS S1138

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1 culation shall be final and shall not be adjusted for 

2 any subsequent changes in the underlying data. The 

3 Department of Justice shall certify the results of the 

4 calculation to Congress no later than August 1 of 

5 each fiscal year. 

6 (2) TRANSFER OF FUNDS.—Before August 15, 

7 2016, and before August 15 of each fiscal year 

8 thereafter, the Department shall transfer from the 

9 General Fund to the Safe Neighborhoods and 

10 Schools Fund the total amount calculated. Funds 

11 transferred to the Safe Neighborhoods and Schools 

12 Fund shall be used exclusively for the purposes of 

13 this act and shall not be subject to appropriation or 

14 transfer by the Legislature for any other purpose. 

15 The funds in the Safe Neighborhoods and Schools 

16 Fund may be used without regard to fiscal year. 

17 (c) DISTRIBUTION OF MONEYS FROM THE SAFE

18 NEIGHBORHOODS AND SCHOOLS FUND.— 

19 (1) IN GENERAL.—By August 15 of each fiscal 

20 year beginning in 2016, the Controller shall disburse 

21 moneys deposited in the Safe Neighborhoods and 

22 Schools Fund as follows: 

23 (A) Fifteen percent to the Department of 

24 Education, to administer a grant program to 

25 public agencies aimed at improving outcomes 


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1 for public school pupils in kindergarten and 

2 grades 1 to 12, inclusive, by reducing truancy 

3 and supporting students who are at risk of 

4 dropping out of school or are victims of crime. 

5 (B) Ten percent to the Federal Crime Vic6 tim Assistance Fund, to make grants to trauma 

7 recovery centers to provide services to victims of 

8 crime pursuant to 42 U.S. 112. 

9 (C) Twenty-five percent to Federal Re10 entry/Drug Court programs operated by the 

11 U.S. District Courts, U.S. Probation Office, 

12 Federal Public Defender and U.S. Attorney’s 

13 Office to administer a grant program to public 

14 agencies aimed at supporting mental health 

15 treatment, substance abuse treatment, and di16 version programs for people in the criminal jus17 tice system, with an emphasis on programs that 

18 reduce recidivism of people convicted of less se19 rious crimes, such as those covered by this 

20 measure, and those who have substance abuse 

21 and mental health problems. 

22 (D) Fifty percent to the General Treasury 

23 in order to pay down the national debt. 

24 (2) LIMITATION.—For each program set forth 

25 in paragraphs (1) to (3), inclusive, of subdivision 


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1 (a), the agency responsible for administering the 

2 programs shall not spend more than 5 percent of the 

3 total funds it receives from the Safe Neighborhoods 

4 and Schools Fund on an annual basis for adminis5 trative costs. 

6 (3) AUDIT.—Every two years, the Department 

7 of Justice shall conduct an audit of the grant pro8 grams operated by the agencies specified in para9 graphs (1) to (3), inclusive, of subdivision (a) to en10 sure the funds are disbursed and expended solely ac11 cording to this chapter and shall report his or her 

12 findings to the relevant Congressional committees. 

13 (4) COSTS OF PROGRAM.—Any costs incurred 

14 by the Department of Justice in connection with the 

15 administration of the Safe Neighborhoods and 

16 Schools Fund, including the costs of the calculation 

17 and the audit required, shall be deducted from the 

18 Safe Neighborhoods and Schools Fund before the 

19 funds are disbursed pursuant to subdivision (a). The 

20 funding established pursuant to this act shall be 

21 used to expand programs for public school pupils in 

22 kindergarten and grades 1 to 12, inclusive, victims 

23 of crime, and mental health and substance abuse 

24 treatment and diversion programs for people in the 

25 criminal justice system. These funds shall not be 


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1 used to supplant existing State or local funds uti2 lized for these purposes. 

3 (5) PROHIBITION.—Agencies shall not be obli4 gated to provide programs or levels of service de5 scribed in this chapter above the level for which 

6 funding has been provided. 

Æ 


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