I 
112TH CONGRESS 
1ST SESSION H. R. 2567 
To amend title 18, United States Code, to provide for deferred sentencing 
and the possibility of dismissal for drug offenders, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 15, 2011 
Mr. PIERLUISI (for himself, Ms. JACKSON LEE of Texas, Mr. SCOTT of Vir-
ginia, Mr. NADLER, Mr. COHEN, Mr. JOHNSON of Georgia, Ms. LINDA 
T. SA´NCHEZ of California, Mr. TOWNS, Ms. NORTON, Mr. FARR, Mr. 
GENE GREEN of Texas, Ms. WOOLSEY, Mr. DAVIS of Illinois, Ms. 
DEGETTE, Ms. LEE of California, Mr. MCGOVERN, Mr. REYES, Mr. 
BACA, Mr. GRIJALVA, Ms. MOORE, and Mr. POLIS) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to provide for de-
ferred sentencing and the possibility of dismissal for 
drug offenders, 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 ‘‘Federal First Offender 
Improvement Act of 2011’’. 
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SEC. 2. DEFERRED SENTENCING WITH THE POSSIBILITY OF 
DISMISSAL FOR DRUG OFFENDERS. 
(a) IN GENERAL.—Section 3607(a) of title 18, 
United States Code, is amended— 
(1) by striking ‘‘found guilty of an offense de-
scribed in section 404 of the Controlled Substances 
Act (21 U.S.C. 844)’’ and inserting ‘‘is found guilty 
of an offense under’’; 
(2) by striking paragraphs (1) and (2) and in-
serting the following: 
‘‘(1) section 401 or 406 of the Controlled Sub-
stances Act (21 U.S.C. 841, 846), and— 
‘‘(A) that person did not use violence or 
credible threats of violence or possess a firearm 
or other dangerous weapon (or induce another 
participant to do so) in connection with the of-
fense; 
‘‘(B) the offense did not result in death or 
serious bodily injury to any person; 
‘‘(C) that person was not an organizer, 
leader, manager, or supervisor of others in the 
offense, as determined under the sentencing 
guidelines and was not engaged in a continuing 
criminal enterprise, as defined in section 408 of 
the Controlled Substances Act (21 U.S.C. 848); 
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‘‘(D) that person has not previously been 
the subject of a disposition under this sub-
section; and 
‘‘(E) that person has not been previously 
convicted of a crime of violence or other offense 
punishable by a term of imprisonment for more 
than one year; or 
‘‘(2) section 404 of the Controlled Substances 
Act (21 U.S.C. 844), and— 
‘‘(A) that person has not previously been 
the subject of a disposition under this sub-
section; and 
‘‘(B) that person has not been previously 
convicted of a crime of violence or other offense 
punishable by a term of imprisonment for more 
than one year; and’’; and 
(3) by striking ‘‘one year’’ and inserting ‘‘2 
years (or, in the case of an offense under section 
404 of the Controlled Substances Act (21 U.S.C. 
844), not more than 1 year)’’. 
(b) EXPUNGEMENT.—Section 3607(c) of title 18, 
United States Code, is amended— 
(1) by striking ‘‘found guilty of an offense 
under section 404 of the Controlled Substances Act 
(21 U.S.C. 844)’’ and inserting ‘‘found guilty of an 
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offense under section 401, 404, or 406 of the Con-
trolled Substances Act (21 U.S.C. 841, 844, 846)’’; 
and 
(2) by striking ‘‘, and the person was less than 
twenty-one years old at the time of the offense,’’. 
(c) CONFORMING AMENDMENTS.— 
(1) The heading for section 3607 of title 18, 
United States Code, is amended by striking ‘‘DRUG 
POSSESSORS’’ and inserting ‘‘DRUG
OFFEND-
ERS’’. 
(2) The item relating to section 3607 in the 
table of sections at the beginning of subchapter A of 
chapter 229 of title 18, United States Code, is 
amended by striking ‘‘drug possessors’’ and insert-
ing ‘‘drug offenders’’. 
Æ 
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