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109TH CONGRESS 
2D SESSION 
H. R. 6254 
To amend title 18, United States Code, to reaffirm the intent of Congress 
in the Sentencing Reform Act of 1984, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 29, 2006 
Mr. SENSENBRENNER introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to reaffirm the 
intent of Congress in the Sentencing Reform Act of 
1984, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Sentencing Fairness 
and Equity Restoration Act of 2006’’. 
SEC. 2. REAFFIRMATION OF INTENT OF CONGRESS IN THE 
SENTENCING REFORM ACT OF 1984. 
(a) STATUTORY MAXIMUM.—Section 3553(b) of title 
18, United States Code, is amended— 
(1) in paragraph (1)— 
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(A) by striking the first sentence and in-
serting ‘‘Except as provided in paragraph (2), 
the court shall impose a sentence of a kind, and 
no less than the minimum of the range, re-
ferred to in subsection (a)(4) unless the court 
finds that there exists a mitigating cir-
cumstance of a kind, or to a degree, not ade-
quately taken into consideration by the Sen-
tencing Commission in formulating the guide-
lines that should result in a sentence different 
from that described.’’; 
(B) in the second sentence, by inserting 
‘‘mitigating’’ before ‘‘circumstance’’; and 
(C) by inserting after the second sentence 
the following: ‘‘The court may impose a sen-
tence above the minimum of the range, up to 
the maximum sentence provided in the statute 
establishing the offense.’’ 
(2) in paragraph (2)(A)— 
(A) by striking ‘‘the court shall impose a 
sentence of the kind, and within the range’’ and 
insert ‘‘the court shall impose a sentence of a 
kind, and no less than the minimum of the 
range’’; 
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(B) by striking clause (i) and redesig-
nating clauses (ii) through (iii) as clauses (i) 
through (ii) respectively; 
(C) by striking ‘‘In determining whether a 
circumstance’’ and inserting ‘‘In determining 
whether a mitigating circumstance’’; and 
(D) by inserting after the sentence amend-
ed by clause (C) of this paragraph the following 
‘‘The court may impose a sentence above the 
minimum of the range, up to the maximum sen-
tence provided in the statute establishing the 
offense.’’. 
(b) CONFORMING CHANGES.—Section 3553(c) of title 
18, United States Code, is amended to read as follows: 
‘‘(c) STATEMENT OF REASONS FOR IMPOSING A SEN-
TENCE.—The court, at the time of sentencing, shall state 
in open court the reasons for its imposition of the par-
ticular sentence. If the court relies on statements received 
in camera, in accordance with the Federal Rules of Crimi-
nal Procedure, the court shall state that such statements 
were so received and that it relied on the content of those 
statements. If the court does not order restitution, or or-
ders only partial restitution, the court shall include in its 
statement the reasons therefor. The court shall provide a 
transcription or other appropriate public record of the 
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statement of reasons, together with the order of judgment 
and commitment, to the Sentencing Commission and if the 
sentence includes a term of imprisonment, to the Bureau 
of Prisons.’’. 
(c) STANDARDS FOR REVIEW OF SENTENCE.—Sec-
tion 3742(e) of title 18, United States Code, is amended 
by striking the last sentence and inserting ‘‘The court of 
appeals shall review de novo any sentence imposed below 
the minimum of the range in the applicable sentencing 
guidelines. In any other case, the court of appeals shall 
determine whether the sentence was unreasonable.’’ 
SEC. 3. UNIFORM NATIONAL STANDARDS FOR DOWNWARD 
DEPARTURES 
FOR 
SUBSTANTIAL 
ASSIST-
ANCE. 
(a) SUBSTANTIAL ASSISTANCE POLICY.—Not later 
than 180 days after the date of the enactment of this Act, 
the Attorney General shall create and implement a new 
policy governing the filing of motions for a departure sen-
tence reductions under Section 3553(e) of title 18, United 
States Code, Section 5K1.1 of the United States Sen-
tencing Commission Guidelines Manual, and Rule 35(b) 
of the Federal Rules of Criminal Procedure. The policy 
shall include uniform guidance for— 
(1) the definition of substantial assistance in 
the investigation of another person; 
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(2) the process by which determinations regard-
ing substantial assistance is made; and 
(3) the criteria that govern the determination of 
the extent of the reduction sought by the Govern-
ment. 
(b) REPORT TO CONGRESS.—Not later than 180 days 
after the date of the enactment of this Act, the Attorney 
General shall report to Congress the policy created pursu-
ant to subsection (a). 
SEC. 4. ASSURING JUDICIAL ADMINISTRATIVE RESPON-
SIBILITIES ARE PERFORMED BY THE JUDI-
CIAL BRANCH. 
Section 994(w)(1) of title 28, United States Code, is 
amended— 
(1) by inserting ‘‘(other than a case involving a 
sentence imposed for a petty offense, as defined in 
section 19 of title 18, for which there is no applica-
ble sentencing guideline)’’ after ‘‘every criminal 
case’’; and 
(2) by adding at the end the following: ‘‘The 
duties and responsibilities set forth herein, or any 
portion thereof, shall not be delegated to the execu-
tive branch’’. 
Æ 
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