I 
114TH CONGRESS 
1ST SESSION H. R. 2153 
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 HOUSE OF REPRESENTATIVES 
APRIL 30, 2015 
Mr. ELLISON introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Energy 
and Commerce and Education and the Workforce, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
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. 
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 ‘‘Reclassification to En-
sure Smarter and Equal Treatment Act of 2015’’ or the 
‘‘RESET Act’’. 
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SEC. 2. RECLASSIFICATION OF LOW-LEVEL FELONIES. 
(a) IN GENERAL.—Part D of the Controlled Sub-
stances Act (21 U.S.C. 841 et seq.) is amended— 
(1) in section 404(a) (21 U.S.C. 844(a))— 
(A) in the fourth sentence— 
(i) by striking ‘‘2 years’’ and inserting 
‘‘1 year’’; 
(ii) by striking ‘‘$2,500’’ and insert-
ing ‘‘$1,000’’; 
(iii) by striking ‘‘3 years’’ and insert-
ing ‘‘1 year’’; and 
(iv) by striking ‘‘$5,000’’ and insert-
ing ‘‘$1,000’’; and 
(B) by striking the fifth sentence and in-
serting the following: ‘‘Notwithstanding any 
penalty provided in this subsection, any person 
who commits an offense under this subsection 
for the possession of a date rape drug (as de-
fined in section 401(g)(2)) after a prior convic-
tion under this title or title III, or a prior con-
viction for any drug, narcotic, or chemical of-
fense chargeable under the law of any State, 
has become final, shall be sentenced to a term 
of imprisonment for not less than 15 days but 
not more than 2 years, and shall be fined a 
minimum of $2,500 and if any person commits 
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such offense after 2 or more prior convictions 
under this title or title III, or 2 or more prior 
convictions for any drug, narcotic, or chemical 
offense chargeable under the law of any State, 
or a combination of 2 or more such offenses 
have become final, such person shall be sen-
tenced to a term of imprisonment for not less 
than 90 days but not more than 3 years, and 
shall be fined a minimum of $5,000.’’; and 
(2) in section 422(b) (21 U.S.C. 863(b)), by 
striking ‘‘three years’’ and inserting ‘‘1 year’’. 
(b) ELIMINATION OF INCREASED PENALTIES FOR 
COCAINE OFFENSES WHERE THE COCAINE INVOLVED IS 
COCAINE BASE.— 
(1) CONTROLLED SUBSTANCES ACT.—The fol-
lowing provisions of the Controlled Substances Act 
(21 U.S.C. 801 et seq.) are repealed: 
(A) Clause (iii) of section 401(b)(1)(A). 
(B) Clause (iii) of section 401(b)(1)(B). 
(2) CONTROLLED
SUBSTANCES
IMPORT
AND 
EXPORT ACT.—The following provisions of the Con-
trolled Substances Import and Export Act (21 
U.S.C. 951 et seq.) are repealed: 
(A) 
Subparagraph 
(C) 
of 
section 
1010(b)(1). 
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(B) 
Subparagraph 
(C) 
of 
section 
1010(b)(2). 
SEC. 3. WEIGHING OF CONTROLLED SUBSTANCES MIXED 
WITH FOOD PRODUCTS. 
(a) IN GENERAL.—Part D of the Controlled Sub-
stances Act (21 U.S.C. 841 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 424. WEIGHING OF CONTROLLED SUBSTANCES MIXED 
WITH FOOD PRODUCTS. 
‘‘In determining the weight of a controlled substance 
or mixture of controlled substances that is in compound 
with a food product for purposes of this title or title III, 
the weight of the food product shall not be included.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of contents for the Controlled Substances Act 
(21 U.S.C. 801 et seq.) is amended by inserting after the 
item relating to section 423 the following: 
‘‘Sec. 424. Weighing of controlled substances mixed with food products.’’. 
SEC. 4. APPLICABILITY TO PENDING AND PAST CASES. 
(a) PENDING CASES.—This Act, and the amend-
ments made by this Act, 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. 
(b) PAST CASES.—In the case of a defendant who, 
before the date of enactment of this Act, was convicted 
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of an offense for which the penalty is amended by this 
Act and was sentenced to a term of imprisonment for the 
offense, the sentencing court may, on motion of the de-
fendant or the Director of the Bureau of Prisons, or on 
its own motion, reduce the term of imprisonment for the 
offense, after considering the factors set forth in section 
3553(a) of title 18, United States Code, to the extent the 
factors are applicable, if such a reduction is consistent 
with— 
(1) this Act and the amendments made by this 
Act; and 
(2) applicable policy statements issued by the 
United States Sentencing Commission. 
SEC. 5. EMERGENCY AUTHORITY FOR UNITED STATES SEN-
TENCING COMMISSION. 
(a) REVIEW AND AMENDMENT.—As soon as prac-
ticable after the date of enactment of this Act, the United 
States Sentencing Commission, pursuant to its authority 
under section 994 of title 28, United States Code, shall 
review and, if appropriate, amend the Federal sentencing 
guidelines and policy statements applicable to any person 
convicted of an offense affected by section 2, 3, or 4. 
(b) AUTHORIZATION.—In carrying out subsection (a), 
the Commission may amend the Federal sentencing guide-
lines in accordance with the procedures set forth in section 
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21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) 
as though the authority under that section had not ex-
pired. 
SEC. 6. ESTABLISHMENT OF THE SAFE NEIGHBORHOODS 
AND SCHOOLS FUND. 
(a) ESTABLISHMENT.—A fund to be known as the 
‘‘Safe Neighborhoods and Schools Fund’’ is hereby cre-
ated within the Department of Justice and is continuously 
appropriated without regard to fiscal year for carrying out 
the purposes of this chapter. For purposes of the calcula-
tions required, funds transferred to the Safe Neighbor-
hoods and Schools Fund shall be considered general fund 
revenues which may be appropriated pursuant to Article 
I. 
(b) FUNDING APPROPRIATION.— 
(1) IN GENERAL.—On or before July 31, 2016, 
and on or before July 31 of each fiscal year there-
after, the Department of Justice shall calculate the 
savings that accrued from the implementation of the 
act adding this chapter (‘‘this act’’) during the fiscal 
year ending June 30, as compared to the fiscal year 
preceding the enactment of this act. In making the 
calculation required by this subdivision, the Depart-
ment shall use actual data or best available esti-
mates where actual data is not available. The cal-
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culation shall be final and shall not be adjusted for 
any subsequent changes in the underlying data. The 
Department of Justice shall certify the results of the 
calculation to Congress no later than August 1 of 
each fiscal year. 
(2) TRANSFER OF FUNDS.—Before August 15, 
2016, and before August 15 of each fiscal year 
thereafter, the Department shall transfer from the 
General Fund to the Safe Neighborhoods and 
Schools Fund the total amount calculated. Funds 
transferred to the Safe Neighborhoods and Schools 
Fund shall be used exclusively for the purposes of 
this act and shall not be subject to appropriation or 
transfer by the Legislature for any other purpose. 
The funds in the Safe Neighborhoods and Schools 
Fund may be used without regard to fiscal year. 
(c) DISTRIBUTION
OF MONEYS FROM
THE SAFE 
NEIGHBORHOODS AND SCHOOLS FUND.— 
(1) IN GENERAL.—By August 15 of each fiscal 
year beginning in 2016, the Controller shall disburse 
moneys deposited in the Safe Neighborhoods and 
Schools Fund as follows: 
(A) Fifteen percent to the Department of 
Education, to administer a grant program to 
public agencies aimed at improving outcomes 
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for public school pupils in kindergarten and 
grades 1 to 12, inclusive, by reducing truancy 
and supporting students who are at risk of 
dropping out of school or are victims of crime. 
(B) Ten percent to the Federal Crime Vic-
tim Assistance Fund, to make grants to trauma 
recovery centers to provide services to victims of 
crime pursuant to 42 U.S.C. 112. 
(C) Twenty-five percent to Federal Re-
entry/Drug Court programs operated by the 
U.S. District Courts, U.S. Probation Office, 
Federal Public Defender and U.S. Attorney’s 
Office to administer a grant program to public 
agencies aimed at supporting mental health 
treatment, substance abuse treatment, and di-
version programs for people in the criminal jus-
tice system, with an emphasis on programs that 
reduce recidivism of people convicted of less se-
rious crimes, such as those covered by this 
measure, and those who have substance abuse 
and mental health problems. 
(D) Fifty percent to the General Treasury 
in order to pay down the national debt. 
(2) LIMITATION.—For each program set forth 
in paragraphs (1) to (3), inclusive, of subdivision 
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(a), the agency responsible for administering the 
programs shall not spend more than 5 percent of the 
total funds it receives from the Safe Neighborhoods 
and Schools Fund on an annual basis for adminis-
trative costs. 
(3) AUDIT.—Every two years, the Department 
of Justice shall conduct an audit of the grant pro-
grams operated by the agencies specified in para-
graphs (1) to (3), inclusive, of subdivision (a) to en-
sure the funds are disbursed and expended solely ac-
cording to this chapter and shall report his or her 
findings to the relevant Congressional committees. 
(4) COSTS OF PROGRAM.—Any costs incurred 
by the Department of Justice in connection with the 
administration of the Safe Neighborhoods and 
Schools Fund, including the costs of the calculation 
and the audit required, shall be deducted from the 
Safe Neighborhoods and Schools Fund before the 
funds are disbursed pursuant to subdivision (a). The 
funding established pursuant to this act shall be 
used to expand programs for public school pupils in 
kindergarten and grades 1 to 12, inclusive, victims 
of crime, and mental health and substance abuse 
treatment and diversion programs for people in the 
criminal justice system. These funds shall not be 
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used to supplant existing State or local funds uti-
lized for these purposes. 
(5) PROHIBITION.—Agencies shall not be obli-
gated to provide programs or levels of service de-
scribed in this chapter above the level for which 
funding has been provided. 
Æ 
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