I 
115TH CONGRESS 
1ST SESSION H. R. 4261 
To improve public safety, accountability, transparency, and respect for fed-
eralism in Federal criminal law by applying evidence-based reforms al-
ready made by some States, and reinvesting the resulting savings from 
doing so in additional evidence-based criminal justice strategies that 
are proven to reduce recidivism and crime, and the burden of the criminal 
justice system on the taxpayer. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 6, 2017 
Mr. SCOTT of Virginia (for himself, Mr. LEWIS of Minnesota, Mr. CONYERS, 
Mrs. LOVE, Ms. JACKSON LEE, Mr. CURBELO of Florida, Ms. NORTON, 
and Mr. FITZPATRICK) introduced the following bill; which was referred 
to the Committee on the Judiciary, and in addition to the Committee on 
Energy and Commerce, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To improve public safety, accountability, transparency, and 
respect for federalism in Federal criminal law by apply-
ing evidence-based reforms already made by some States, 
and reinvesting the resulting savings from doing so in 
additional evidence-based criminal justice strategies that 
are proven to reduce recidivism and crime, and the bur-
den of the criminal justice system on the taxpayer. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Safe, Accountable, 
Fair, Effective Justice Act’’ or the ‘‘SAFE Justice Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—IDENTIFYING AND REDUCING OVER-FEDERALIZATION 
AND OVER-CRIMINALIZATION BY RESPECTING THE BALANCE 
OF POWERS AMONG THE STATES AND THE FEDERAL GOVERN-
MENT 
Sec. 101. Compilation and publication of criminal offenses to provide fair notice 
to address over-federalization. 
Sec. 102. Procedures to reduce over-federalization. 
Sec. 103. Procedures to reduce pretrial detention. 
Sec. 104. Annual review and reports of the citizen complaint process. 
Sec. 105. Focusing Federal criminal penalties for simple possession to places of 
special Federal interest in recognition of the balance of power 
between the Federal Government and the States. 
TITLE II—CREATING A PERFORMANCE-INCENTIVE FUNDING 
PROGRAM 
Sec. 201. Calculation of savings. 
Sec. 202. Distribution of performance incentive funding. 
Sec. 203. Use of performance incentive funding. 
Sec. 204. Definitions. 
TITLE III—ADDRESSING INFORMATION DISPARITY AND ACCU-
RACY IN CRIMINAL PROSECUTIONS TO PROTECT INNOCENCE 
MORE ROBUSTLY AND TO REDUCE THE NUMBER OF WRONG-
FUL CONVICTIONS 
Sec. 301. Findings and declarations. 
Sec. 302. Accuracy and reliability of evidence in criminal cases; addressing in-
formation disparity in criminal cases. 
Sec. 303. Notification relating to forensic, prosecutorial, or law enforcement 
misconduct. 
Sec. 304. Remedies. 
Sec. 305. Toolkits for State and local government. 
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TITLE IV—CONCENTRATING PRISON SPACE ON VIOLENT AND 
CAREER CRIMINALS 
Subtitle A—Restoring Original Congressional Intent To Focus Federal Drug 
Mandatory Minimums Only on Managers, Supervisors, Organizers, and 
Leaders of Drug Trafficking Organizations and To Avoid Duplicative Pros-
ecution With States 
Sec. 401. Focusing the application of Federal mandatory minimums for certain 
drug offenses to restore original congressional intent respecting 
the balance of power between the Federal Government and the 
States. 
Sec. 402. Modification of criteria for ‘‘safety valve’’ limitation on applicability 
of certain mandatory minimums. 
Sec. 403. Consistency in the use of prior convictions for sentencing enhance-
ments. 
Sec. 404. Clarification of applicability of the Fair Sentencing Act. 
Sec. 405. Eligibility for resentencing based on changes in law. 
Sec. 406. Directives to the Sentencing Commission. 
Sec. 407. Exclusion of acquitted conduct and discretion to disregard manipu-
lated conduct from consideration during sentencing. 
Subtitle B—Clarification of Congressional Intent on Certain Recidivist 
Penalties 
Sec. 408. Amendments to enhanced penalties provision. 
Subtitle C—Expanding the Ability To Apply for Compassionate Release 
Sec. 409. Ability to petition for release to extended supervision for certain pris-
oners who are medically incapacitated, geriatric, or caregiver 
parents of minor children and who do not pose public safety 
risks. 
TITLE V—ENCOURAGING ACCOUNTABILITY WITH GREATER USE 
OF 
EVIDENCE-BASED 
SENTENCING 
ALTERNATIVES 
FOR 
LOWER-LEVEL OFFENDERS 
Sec. 501. Eligibility for prejudgement probation. 
Sec. 502. Sentence of probation. 
Sec. 503. Directive to the Sentencing Commission regarding use of probation. 
Sec. 504. Establishing accountability evidence-based problem-solving court pro-
grams. 
TITLE VI—IMPLEMENTING EVIDENCE-BASED PRACTICES TO 
REDUCE RECIDIVISM 
Subtitle A—Revision of Statutory Sentence Credits 
Sec. 601. Delivery and incentives to complete in-prison recidivism reduction 
programming. 
Sec. 602. Post-sentencing risk and needs assessment system and in-prison re-
cidivism reduction programming. 
Subtitle B—De-escalation Training and Improving Community Relations 
Sec. 603. De-escalation training. 
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Subtitle C—Oversight of Mental Health and Substance Abuse Treatment 
Sec. 604. Authorizing grants to States for the use of medication-assisted treat-
ment for heroin, opioid, or alcohol abuse in residential sub-
stance abuse treatment. 
Sec. 605. Performance-based contracting for residential reentry centers. 
Subtitle D—Implementing Swift, Certain, and Proportionate Sanctions for 
Violations of Conditions of Probation or Supervised Release 
Sec. 606. Graduated sanctioning system. 
Sec. 607. Graduated responses to technical violations of supervision. 
Sec. 608. Targeted and proportional penalties for revocation of probation. 
Sec. 609. Targeted and proportional penalties for violations of supervised re-
lease. 
Subtitle E—Focus Supervision Resources on High-Risk Offenders 
Sec. 610. Earned discharge credits for compliant supervisees. 
Sec. 611. Elimination of mandatory revocation for minor drug violations. 
Subtitle F—Maximizing Public Safety Returns on Corrections Dollars 
Sec. 612. Clarification or original congressional intent regarding calculation of 
good time conduct credit. 
Sec. 613. Analysis of fiscal implications for inclusion in presentence reports. 
Sec. 614. Supporting safe law enforcement. 
TITLE VII—INCREASING GOVERNMENT TRANSPARENCY AND 
ACCURACY 
Sec. 701. Report on mandatory minimums. 
Sec. 702. Federal defender added as a nonvoting member of the Sentencing 
Commission. 
Sec. 703. Budget and inmate population impact of legislation on the Federal 
corrections system. 
Sec. 704. Reports. 
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TITLE I—IDENTIFYING AND RE-
DUCING 
OVER-FEDERALIZA-
TION 
AND 
OVER-CRIMINAL-
IZATION BY RESPECTING THE 
BALANCE OF POWERS AMONG 
THE STATES AND THE FED-
ERAL GOVERNMENT 
SEC. 101. COMPILATION AND PUBLICATION OF CRIMINAL 
OFFENSES TO PROVIDE FAIR NOTICE TO AD-
DRESS OVER-FEDERALIZATION. 
(a) COMPILATION AND PUBLICATION OF CRIMINAL 
OFFENSES.—Not later than 180 days after the date of 
the enactment of this Act, and every year thereafter, the 
Attorney General shall, in consultation with relevant enti-
ties within the executive branch, including independent 
regulatory agencies, compile a publicly available and free 
of charge listing of— 
(1) the various Federal law violations that carry 
criminal penalties; 
(2) location/citation of the violation; 
(3) the potential criminal penalty for a viola-
tion; and 
(4) the mens rea required for the offense. 
To ensure that individuals have fair notice of prohibited 
conduct and the criminal penalties they bring, the Attor-
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ney General shall publicize the existence of this database 
and publish the database on the Department of Justice 
website. 
(b) OVERSIGHT TO ADDRESS OVER-FEDERALIZA-
TION.—Each executive branch agency must obtain the ex-
press prior approval of the Attorney General for each 
added criminal penalty resulting from agency regulation. 
SEC. 102. PROCEDURES TO REDUCE OVER-FEDERALIZA-
TION. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, in order to reduce over- 
federalization and over-incarceration, the Attorney Gen-
eral shall create and implement procedures— 
(1) to provide coordination by Federal prosecu-
tors and law enforcement agencies with other Fed-
eral agencies to determine— 
(A) whether unlawful conduct that involves 
the administrative competencies of other Fed-
eral agencies is best addressed by civil sanctions 
or criminal charges; and 
(B) if such conduct is best addressed by 
criminal charges, whether diversion or criminal 
prosecution is more appropriate; and 
(2) to provide coordination by Federal prosecu-
tors and law enforcement agencies with State pros-
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ecutors and law enforcement agencies to reduce du-
plicative Federal prosecutions of the same offender 
for the same conduct that may be prosecuted at the 
State level. 
(b) REPORT BY INSPECTOR GENERAL.—Not later 
than 1 year after the date of the enactment of this Act, 
the Inspector General of the Department of Justice shall 
report to the Congress, for the period beginning on the 
date of the enactment of this Act and ending as closely 
as feasible to the date on which the report is made, on— 
(1) the number of cases referred from law en-
forcement or other agencies for Federal prosecution 
in which the alleged unlawful conduct involved a vio-
lation of a regulation promulgated by a Federal 
agency other than the Department of Justice; or 
(2) the number of cases accepted for Federal 
prosecution— 
(A) by judicial district; 
(B) by mens rea; 
(C) by penalty imposed; 
(D) by costs; 
(3) the estimated Federal correctional costs of 
those cases in prison bed-years; 
(4) the number of cases declined for Federal 
prosecution; and 
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(5) the number of cases accepted for Federal 
prosecution by offense by judicial district, including 
the offense’s mens rea and criminal penalty imposed. 
SEC. 103. PROCEDURES TO REDUCE PRETRIAL DETENTION. 
(a) GUIDANCE BY ATTORNEY GENERAL.—Not later 
than 180 days after the date of the enactment of this Act, 
the Attorney General, in consultation with the Criminal 
Law Committee of the Judicial Conference of the United 
States, the United States Probation and Pretrial Services, 
and a Federal public or community defender from the De-
fender Services Advisory Group, shall create and imple-
ment procedures to reduce over-incarceration due to the 
unnecessary use of pretrial detention in certain cases in 
order to— 
(1) reduce overcrowding of pretrial detention 
facilities; and 
(2) reduce the cost of pretrial detention. 
(b) CONSIDERATIONS TO BE TAKEN INTO ACCOUNT 
IN CREATING PROCEDURES.—In carrying out subsection 
(a), the Attorney General and the Director of the United 
States Courts shall take into consideration in creating and 
implementing their respective procedures— 
(1) whether in Federal cases a summons in-
stead of an arrest should be the default procedure; 
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(2) whether in some or most cases where a 
summons would not be sufficient, other least restric-
tive alternatives would be preferable to pretrial de-
tention; 
(3) the need to avoid seeking bonds that offend-
ers are unable to meet, which is tantamount to seek-
ing pretrial detention; 
(4) the extent to which pretrial detention re-
sults from the disproportionate pretrial detention of 
individuals with fewer economic means; 
(5) the impact of pretrial detention on loss of 
employment and housing; and 
(6) the need to avoid pretrial detention that is 
not necessary to ensure the appearance of the de-
fendant as required and the safety of the public as 
required under section 3142 of title 18, United 
States Code. 
(c) REPORT BY INSPECTOR GENERAL.—Not later 
than 1 year after the date of the enactment of this Act, 
the Inspector General of the Department of Justice shall 
report to the Congress on the procedures created under 
this section, and address whether and to what extent those 
procedures are likely to accomplish their intended pur-
poses. In the report, the Inspector General may include 
recommendations for further changes in procedures that 
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would better accomplish the purposes set forth in sub-
section (a), taking into account the considerations de-
scribed in subsection (b). 
SEC. 104. ANNUAL REVIEW AND REPORTS OF THE CITIZEN 
COMPLAINT PROCESS. 
The Office of the Inspector General shall— 
(1) conduct an annual review of citizen com-
plaints to determine whether the Office of Profes-
sional Responsibility has taken appropriate discipli-
nary measures against prosecutors who have mis-
handled cases or engaged in misconduct; and 
(2) publish in a report to Congress each case in 
which any judge or court has found that a pros-
ecutor or law enforcement officer engaged in mis-
conduct, whether such a finding resulted in reversal, 
vitiation, or vacatur of a conviction or sentence. 
SEC. 105. FOCUSING FEDERAL CRIMINAL PENALTIES FOR 
SIMPLE POSSESSION TO PLACES OF SPECIAL 
FEDERAL INTEREST IN RECOGNITION OF 
THE BALANCE OF POWER BETWEEN THE 
FEDERAL GOVERNMENT AND THE STATES. 
Section 404 of the Controlled Substances Act (21 
U.S.C. 844) is amended by inserting after ‘‘It shall be un-
lawful for any person’’ each place it appears the following: 
‘‘within the special maritime and territorial jurisdiction of 
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the United States (as defined for the purposes of title 18, 
United States Code)’’. 
TITLE 
II—CREATING 
A 
PER-
FORMANCE-INCENTIVE FUND-
ING PROGRAM 
SEC. 201. CALCULATION OF SAVINGS. 
(a) CALCULATION OF REVOCATION BASELINE.— 
(1) GENERAL RULE.—The Director of the Ad-
ministrative Office of the United States Courts, in 
consultation with the Director of the Bureau of Pris-
ons and the United States Sentencing Commission, 
shall calculate for each Federal judicial district a 
baseline revocation rate. 
(2) METHOD OF CALCULATION.—The baseline 
revocation rate for a judicial district is the percent-
age equivalent of the ratio of the total number of 
adult supervisees sent to prison from that district 
during the baseline period to the total number of 
adult supervisees sent to prison nationally during 
the same period. 
(3) DEFINITIONS.—In this subsection— 
(A) the term ‘‘sent to prison’’ means sent 
to Federal or State prison— 
(i) for a revocation of probation or su-
pervised release; or 
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(ii) for a conviction of a new felony of-
fense. 
(B) The term ‘‘baseline period’’ means the 
period beginning January 1, 2012, and ending 
December 31, 2014. 
(b) ANNUAL REVOCATION CALCULATIONS.—At the 
conclusion of the calendar year following the implementa-
tion of subsection (a), and every calendar year thereafter, 
the Director of the Administrative Office of the United 
States Courts, in consultation with the Director of the Bu-
reau of Prisons and the United States Sentencing Com-
mission shall calculate the following measures: 
(1) AVERAGE REVOCATION COST.—The average 
revocation cost, which is the average cost to incar-
cerate a supervisee revoked to prison in the previous 
year, including average length of stay times average 
marginal cost per day. 
(2) NATIONWIDE REVOCATION RATE.—The na-
tionwide revocation rate, which is calculated as the 
number of supervisees nationwide sent to prison in 
the previous year as a percentage of the nationwide 
supervision population as of June 30th of that year. 
(3) DISTRICT REVOCATION RATES.—For each 
judicial district, the district’s revocation rate, which 
is calculated as the number of supervisees from that 
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district sent to prison in the previous year as a per-
centage of the district’s supervision population as of 
June 30th of that year. 
(4) REDUCTION
IN
REVOCATION
RATE.—For 
each judicial district, the reduction in revocation 
rate is the number of adult supervisees from each 
district not revoked to prison, which is calculated 
based on the reduction in the district’s revocation 
rate as calculated under paragraph (3) from the dis-
trict’s baseline revocation rate as calculated under 
subsection (a). In making this estimate, the Director 
of the Administrative Office of the United States 
Courts, in consultation with the Director of the Bu-
reau of Prisons and the Judicial Conference of the 
United States, may adjust the calculation to account 
for changes in each district’s caseload in the most 
recent completed year as compared to the district’s 
adult supervision population during the years 2012 
through 2014. 
(c) CATEGORIZATION OF JUDICIAL DISTRICTS.—An-
nually, at the conclusion of each calendar year, the Direc-
tor of the Administrative Office of the United States 
Courts, in consultation with the Director of the Bureau 
of Prisons and the United States Sentencing Commission, 
shall assign the appropriate supervision revocation tier to 
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each judicial district for which it was estimated that the 
judicial district successfully reduced its revocation rate, as 
provided by subsection (b)(4). The tiers are defined for 
the purposes of this subtitle as follows: 
(1) TIER 1.—A tier 1 district is one which has 
a district revocation rate, as defined in subsection 
(b)(3), that is no more than 25 percent higher than 
the nationwide revocation rate, as defined in sub-
section (b)(2). 
(2) TIER 2.—A tier 2 district is one which has 
a district revocation rate, as defined in subsection 
(b)(3), that is more than 25 percent above the na-
tionwide revocation rate, as defined in subsection 
(b)(2). 
SEC. 202. DISTRIBUTION OF PERFORMANCE INCENTIVE 
FUNDING. 
(a) DISTRIBUTION OF REVOCATION REDUCTION IN-
CENTIVE PAYMENTS.—Annually, the Director of the Ad-
ministrative Office of the United States Courts, in con-
sultation with the Director of the Bureau of Prisons and 
the United States Sentencing Commission, shall calculate 
a revocation reduction incentive payment for each eligible 
judicial district, pursuant to section 201, for the most re-
cently completed calendar year, as follows: 
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(1) REVOCATION REDUCTION INCENTIVE PAY-
MENTS FOR TIER 1 DISTRICTS.—For a tier 1 dis-
trict, the district’s revocation reduction incentive 
payment is equal to the estimated number of 
supervisees successfully prevented from being sent to 
prison, as defined by section 201(b)(4) multiplied by 
45 percent of the costs to the Director of the Bu-
reau of Prisons to incarcerate a supervisee who is 
revoked to prison, as defined in section 201(b)(1). 
(2) REVOCATION REDUCTION INCENTIVE PAY-
MENTS FOR TIER 2 DISTRICTS.—For a tier 2 judicial 
district, its revocation rate shall equal the estimated 
number of supervisees successfully prevented from 
being sent to prison, as defined by section 201(b)(4) 
multiplied by 40 percent of the costs to the Bureau 
of Prisons to incarcerate in prison a supervisee 
whose supervision is revoked. 
(b) DISTRIBUTION
OF GRANTS
FOR HIGH-PER-
FORMING DISTRICTS.— 
(1) 
FUNDING
RESERVED
FOR
HIGH-PER-
FORMING DISTRICTS.—Annually, the Director of the 
Administrative Office of the United States Courts, 
in consultation with the Director of the Bureau of 
Prisons and the United States Sentencing Commis-
sion, shall calculate 5 percent of the total savings at-
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tributed to those districts that successfully reduce 
the number of supervisees revoked to prison for the 
purposes of providing high-performance grants. 
(2) ELIGIBILITY.—A judicial district is eligible 
for a high-performance grant if it is a district— 
(A) with supervisee revocation rates more 
than 50 percent below the nationwide average 
in the most recently completed calendar year; 
and 
(B) that has not exceeded the national rev-
ocation rate for the past three calendar years. 
(3) ADMINISTRATION
OF
GRANTS
FOR
HIGH- 
PERFORMING DISTRICTS.— 
(A) The Administrative Office of the 
United States Courts may make a high per-
formance grant to a district in a year in which 
that district does not also receive a supervision 
revocation reduction payment under subsection 
(a). 
(B) The chief probation officer, in con-
sultation with the chief judge, in a judicial dis-
trict that qualifies for both a high performance 
grant and a supervision revocation reduction 
payment shall inform the Administrative Office 
of the United States Courts, by a date des-
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ignated by the Administrative Office of the 
United States Courts, whether the judicial dis-
trict should receive the high performance grant 
or the supervision failure reduction incentive 
payment. 
(C) The Administrative Office of the 
United States Courts shall seek to ensure that 
each qualifying judicial district that submits a 
qualifying application for a high performance 
grant receives a proportionate share of the 
grant funding available, based on the popu-
lation of adults age 18 to 25, inclusive, in that 
judicial district. 
(c) PAYMENTS.—The Administrative Office of the 
United States Courts shall disburse the revocation reduc-
tion incentive payments and high performance grants cal-
culated for any calendar year to judicial districts in the 
following fiscal year. 
SEC. 203. USE OF PERFORMANCE INCENTIVE FUNDING. 
(a) ESTABLISHMENT OF A SUPERVISION PERFORM-
ANCE INCENTIVE FUND.—Each district probation office 
is hereby authorized to establish a Supervision Perform-
ance Incentive Fund (hereinafter in this section referred 
to as the ‘‘Fund’’), to receive all amounts allocated to the 
judicial district for the purposes of implementing this sec-
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tion. In any fiscal year for which a district probation office 
receives sums to be expended for the implementation of 
this section, those sums, including any interest, shall be 
made available to the chief probation officer of that dis-
trict probation office, not later than 30 days after the de-
posit of those moneys into the fund. 
(b) AUTHORIZED USE OF FUNDS.—Funds received 
through appropriations for the purposes of this subtitle 
shall be used by the chief probation officer or his designee 
to provide supervision and rehabilitative services for Fed-
eral supervisees, and shall be spent on implementing or 
enhancing evidence-based community corrections practices 
and programs, which may include the following: 
(1) Implementing and expanding evidence-based 
risk and needs assessments. 
(2) Implementing and expanding the use of 
graduated sanctions pursuant to section 3609. 
(3) Implementing and expanding treatment and 
services associated with problem-solving courts that 
are proven to reduce recidivism among the targeted 
population. 
(4) Expanding the availability of evidence-based 
rehabilitation programs, including drug and alcohol 
treatment, mental health treatment, employment 
programs, services for victims of domestic violence, 
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services for veterans, and cognitive behavioral ther-
apy. 
(5) Expanding the availability, in terms of 
hours and geographic locations, of day reporting 
centers and the reporting hours of existing probation 
offices to accommodate supervisees’ work, education, 
and/or child care schedules. 
(6) Hiring social workers to assist supervisees 
in applications for social services and programs on 
the local, State, and Federal level. 
(7) Evaluating the effectiveness of rehabilita-
tion and supervision programs and ensuring pro-
gram fidelity. 
(c) MANDATORY EVALUATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the chief probation officer, in consultation 
with the chief judge of the judicial district, shall de-
vote at least 5 percent of all funding received 
through the Fund to evaluate the effectiveness of 
those programs and practices implemented or ex-
panded with the funds provided pursuant to this sec-
tion. 
(2) WAIVER OF REQUIREMENT.—A chief proba-
tion officer may petition the Administrative Office of 
the United States Courts for waiver of this restric-
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tion, and the Administrative Office of the United 
States Courts shall have the authority to grant such 
a petition, if the Chief Probation Officer can dem-
onstrate that the department is already devoting suf-
ficient funds to the evaluation of these programs and 
practices. 
(d) ACCOUNTING.—The head of each district proba-
tion office receiving amounts from the Fund shall provide 
for a separate accounting of those amounts sufficient to 
evaluate the effectiveness of each program. 
SEC. 204. DEFINITIONS. 
In this subtitle: 
(1) CHIEF
JUDGE.—The term ‘‘chief judge’’ 
with respect to a district court means the chief judge 
of that court, or the judge of that court if there is 
only one judge. 
(2) CHIEF
PROBATION
OFFICER.—The term 
‘‘chief probation officer’’ means the probation officer 
designated by the court to direct the work of all pro-
bation officers serving in the judicial district. 
(3) COMMUNITY CORRECTIONS PROGRAM.—The 
term ‘‘community corrections program’’ means an 
evidence-based recidivism reduction program estab-
lished pursuant to this subtitle, consisting of a sys-
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tem of services dedicated to all of the following 
goals: 
(A) Enhancing public safety through the 
management and reduction of a supervisee’s 
risk of recidivism while under supervision. 
(B) Supporting supervisees’ achievement of 
stability of employment and housing by using a 
range of supervision tools, sanctions, and serv-
ices applied to supervisees for the purpose of re-
ducing criminal conduct and promoting behav-
ioral change that reduces recidivism and pro-
motes the successful reintegration of offenders 
into the community. 
(C) Holding offenders accountable for their 
criminal behaviors and for successful compli-
ance with applicable court orders and conditions 
of supervision. 
(D) Improving public safety outcomes for 
persons placed on supervision, as measured by 
their successful completion of supervision and 
commensurate 
reduction 
in 
the 
rate 
of 
supervisees sent to prison as a result of a rev-
ocation or conviction for a new crime. 
(4) EVIDENCE-BASED
PRACTICES.—The term 
‘‘evidence-based practices’’ means supervision poli-
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cies, procedures, programs, and practices that sci-
entific research demonstrates reduce recidivism 
among people on probation or supervised release. 
(5) SUPERVISEE.—The term ‘‘supervisee’’ has 
the meaning given that term in section 3609 of title 
18, United States Code. 
(6) SUPERVISION.—The term ‘‘supervision’’ has 
the meaning given that term in section 3609 of title 
18, United States Code. 
(7) 
REVOCATION.—The 
term 
‘‘revocation’’ 
means a judicial process to revoke supervision that 
imposes confinement. 
TITLE III—ADDRESSING INFOR-
MATION DISPARITY AND AC-
CURACY IN CRIMINAL PROS-
ECUTIONS TO PROTECT INNO-
CENCE MORE ROBUSTLY AND 
TO REDUCE THE NUMBER OF 
WRONGFUL CONVICTIONS 
SEC. 301. FINDINGS AND DECLARATIONS. 
The Congress finds and declares the following: 
(1) The goal of a law enforcement investigation 
is to apprehend the person or persons responsible for 
the commission of a crime. 
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(2) Mistaken eyewitness identification has been 
shown to have contributed to the wrongful conviction 
in 72 percent of the Nation’s 330 DNA exonerations 
of innocent persons, including 20 who served time on 
death row and 30 who pled guilty. These innocents 
served an average of 13.5 years in prison before ex-
oneration and release. No one benefits from a 
wrongful conviction—except the real perpetrator, 
who remains free to commit additional crimes. In 
half of the exoneration cases, the process of settling 
the innocence claim led to the identification of the 
real perpetrator. Over 140 violent crimes could have 
been prevented had the real perpetrator been identi-
fied instead of the innocent. 
(3) Over the past 30 years, a large body of 
peer-reviewed, scientific research and practice has 
emerged showing that simple systemic changes can 
protect the innocent and the public by increasing the 
accuracy of the evidence used to support a conviction 
beyond a reasonable doubt. These reforms are— 
(A) improving the accuracy of eyewitness 
identification; 
(B) preserving and analyzing forensic evi-
dence; 
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(C) recording confessions and interroga-
tions; 
(D) regulating, disclosing, and video re-
cording informant or cooperator testimony; 
(E) improving the quality of defense coun-
sel; 
(F) providing for post-conviction DNA 
testing for all applicants for whom DNA has 
the potential to prove innocence; and 
(G) increasing compensation to the wrong-
fully convicted. 
(4) Policies and procedures to improve the ac-
curacy of eyewitness identifications such as those 
recommended by the National Academy of Sciences, 
the United States National Institute of Justice, the 
International Association of Chiefs of Police, and the 
American Bar Association are readily available. 
(5) More accurate eyewitness identifications in-
crease the ability of police and prosecutors to convict 
the guilty and protect the innocent. 
(6) The integrity of the criminal justice process 
is enhanced by adherence to best practices in evi-
dence gathering. 
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(7) Federal, State, and local governments will 
benefit from the improvement of the accuracy of eye-
witness identifications. 
(8) The value of properly preserved biological 
evidence has been enhanced by the discovery of mod-
ern DNA testing methods, which, coupled with a 
comprehensive system of DNA databases that store 
crime scene and offender profiles, allow law enforce-
ment to improve its crime-solving potential. 
(9) Tapping the potential of preserved biological 
evidence requires the proper identification, collection, 
preservation, storage, cataloguing and organization 
of such evidence. 
(10) Law enforcement agencies indicate that 
‘‘cold’’ case investigations are hindered by an inabil-
ity to access biological evidence that was collected in 
connection with criminal investigations. 
(11) Innocent people mistakenly convicted of 
the serious crimes for which biological evidence is 
probative cannot prove their innocence if such evi-
dence is not accessible for testing in appropriate cir-
cumstances. 
(12) It is well established that the failure to up-
date policies regarding the preservation of evidence 
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squanders valuable law enforcement resources, man-
power hours and storage space. 
(13) Simple but crucial enhancements to proto-
cols for properly preserving biological evidence can 
solve old crimes, enhance public safety and settle 
claims of innocence. 
(14) Existing Federal, State, and local laws still 
erect procedural hurdles that result in some poten-
tially innocent applicants being barred from seeking 
DNA testing after a conviction has been imposed de-
spite enduring probative value of DNA evidence. 
(15) During his 2005 State of the Union ad-
dress, President George W. Bush urged that, ‘‘[i]n 
America, we must make doubly sure no person is 
held to account for a crime he or she did not com-
mit, so we are dramatically expanding the use of 
DNA evidence to prevent wrongful conviction’’. 
(16) United States Attorney General Eric Hold-
er expressed his hope, in the interest of justice and 
identifying the true perpetrators of crimes, that ‘‘all 
levels of government will follow the Federal Govern-
ment’s lead by working to expand access to DNA 
evidence’’. 
(17) Emerging DNA testing technologies can 
enhance the quality of justice. 
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(18) The scientifically reliable results of DNA 
testing provide the certainty and finality that bolster 
the public’s trust in our Federal, State, and local 
criminal justice systems. 
(19) In addition to the wrongfully convicted and 
their families, crime victims, law enforcement, pros-
ecutors, courts and the public are harmed whenever 
individuals guilty of crimes elude justice while inno-
cent individuals are imprisoned for crimes they did 
not commit. 
(20) Our Federal, State, and local governments 
must enhance their technology to increase the 
amount of testable, biological evidence and enhance 
their existing post-conviction DNA testing statutes 
so that all applicants for whom DNA testing has the 
potential to prove a claim of innocence will have the 
opportunity to obtain such testing. 
(21) Properly audio and video recorded custo-
dial interrogations provide the best evidence of the 
communications that occurred during an interroga-
tion; prevent disputes about how an officer con-
ducted himself or treated a suspect during the 
course of an interrogation; prevent disputes about 
the account of events the defendant originally pro-
vided to law enforcement; spare judges and jurors 
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the time necessary and need to assess which account 
of an interrogation to believe; and enhance public 
confidence in the criminal process. It is therefore the 
Congress’ intent to require the video and audio re-
cording of all custodial interrogations in Federal law 
enforcement agencies. 
(22) An informant is a person who was not a 
victim of a crime who offers to provide information 
or assistance to law enforcement in exchange for le-
niency or some other benefit. The testimony of in-
formants, who have reason to seek leniency from the 
criminal justice system in exchange for their testi-
mony, is inherently suspect. However, truthful in-
formant testimony may still be important in solving 
crimes. 
(23) Rewarding informants, either tacitly or ex-
plicitly, by the Government produces dangerous in-
centives to manufacture or fabricate testimony. 
Thus, it is incumbent upon the judicial system to as-
sess whether informant testimony is reliable. 
(24) The use of informant testimony without a 
system to properly assess its reliability or corrobo-
rate its substance provides fertile ground for ob-
struction of the fair administration of justice. 
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(25) Therefore, a system to properly assess the 
reliability of informant testimony, including, but not 
limited to audio and video recording of all state-
ments provided by informants, should be developed. 
(26) The failure to properly educate law en-
forcement, defense lawyers, prosecutors, judges, ju-
ries, and other fact investigators and fact finders 
about the vulnerabilities inherent in informant testi-
mony enables improper consideration of such testi-
mony, which can seriously undermine the integrity of 
our criminal justice system. 
SEC. 302. ACCURACY AND RELIABILITY OF EVIDENCE IN 
CRIMINAL CASES; ADDRESSING INFORMA-
TION DISPARITY IN CRIMINAL CASES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Attorney General shall, 
in consultation with the Federal Public or Community De-
fender from the Defender Services Advisory Group, the 
American Bar Association, the American Law Institute, 
and other expert organizations, including the Innocence 
Project and the National District Attorneys Association, 
create training and best practices to be implemented by 
Federal prosecutors and law enforcement officers prior to 
trial, consistent with the constitutional rights of the de-
fendant, that increase protection for the innocent by re-
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ducing the inaccuracy and unreliability of evidence relied 
upon in criminal cases, including— 
(1) procedures and protocols for collecting, 
marking, preserving, cataloguing, and handling evi-
dence; 
(2) training on interrogation to eliminate coer-
cive tactics that lead to false or unreliable confes-
sions; 
(3) training on interviewing witnesses to elimi-
nate suggestive tactics that lead to false or unreli-
able identifications and memories; 
(4) training to eliminate cross-racial identifica-
tion mistakes and collaborating on the criteria for 
expert testimony and parameters for model jury in-
structions on cross-racial identification; 
(5) training to avoid and discourage the use of 
unreliable informant or cooperator testimony; 
(6) requiring audio and video recording of all 
interviews and interrogations in connection with any 
defendant’s prosecution; 
(7) promoting a fair and expeditious disposition 
of the charges, whether by diversion, plea, or trial, 
consistent with defendants’ constitutional rights; 
(8) providing the defendant with sufficient in-
formation to make an informed plea; 
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(9) permitting the defendant to thoroughly pre-
pare for trial and minimize surprise at trial by pro-
viding prompt discovery to the defendant; 
(10) reducing interruptions and complications 
during trial to the extent practicable and avoid un-
necessary and repetitious trials by identifying and 
resolving evidentiary disputes prior to trial; 
(11) increasing the funding and resources for 
court-appointed counsel to minimize the procedural 
and substantive inequities among similarly situated 
defendants, particularly between defendants rep-
resented by court-appoint counsel, pursuant to 18 
U.S.C. 3006A, and defendants represented by pri-
vately retained counsel; and 
(12) minimizing the burden upon victims, wit-
nesses, counsel, and the taxpayer. 
(b) INITIAL DISCLOSURE
TO DEFENDANTS.—The 
Attorney General shall instruct Federal prosecutors and 
law enforcement agents, upon request by the defendant 
and not later than 14 days after such request, to permit 
the defendant to inspect and to copy or photograph the 
full contents of all investigative and case files, excepting 
only privileged material or attorney work product, to per-
mit inspection, copying, testing, and photographing of dis-
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closed documents or tangible objects, including the fol-
lowing documents or tangible objects: 
(1) All relevant recorded, written, and oral 
statements of the defendant or of any codefendant 
that are within the possession or control of the Gov-
ernment, and any documents relating to the acquisi-
tion of such statements. 
(2) The names and addresses of all persons 
known to the Government to have information con-
cerning the offense charged, together with all writ-
ten statements of any such person that are within 
the possession or control of the Government and 
that relate to the subject matter of the offense 
charged. 
(3) The identity of persons the Government in-
tends to call as witnesses at trial. 
(4) Any information regarding any inquiry, so-
licitation, or agreement between the Government and 
any individual that constitutes an inquiry into or so-
licitation of cooperation or testimony of the indi-
vidual. 
(5) Any reports or written statements of any 
expert the Government intends to call as a witness 
at trial, including results of physical or mental ex-
aminations, scientific tests, experiments, compari-
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sons, a written description of the substance of the 
proposed testimony of the expert, the expert’s opin-
ion, and the underlying basis of that opinion, if that 
report or written statement of the expert is material 
to preparing the defense or the Government intends 
to use the item in its case-in-chief at trial. At the 
defendant’s request, the Government must give to 
the defendant a written summary of any testimony 
that the Government intends to use under the Fed-
eral Rules of Evidence during its case-in-chief at 
trial. If the Government requests discovery under 
rule 16(b)(1)(C)(ii) of the Federal Rules of Criminal 
Procedure and the defendant complies, the Govern-
ment must, at the defendant’s request, give to the 
defendant a written summary of testimony that the 
Government intends to use the Federal Rules of Evi-
dence as evidence at trial on the issue of the defend-
ant’s mental condition. The summary provided 
under this paragraph must describe the witness’s 
opinions, the bases and reasons for those opinions, 
and the witness’s qualifications. 
(6) Any tangible objects, including books, pa-
pers, documents, photographs, buildings, places, or 
any other objects, which pertain to the case or which 
were obtained from or belong to the defendant, and 
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the identity of any tangible objects if the item is ma-
terial to preparing the defense or the Government 
intends to use the item in its case-in-chief at trial. 
(7) Any record of prior criminal convictions, 
pending charges, or probationary status of the de-
fendant or of any codefendant or cooperating wit-
ness, and insofar as known to the Government, any 
record of convictions, pending charges, or proba-
tionary status that may be used to impeach of any 
witness to be called by either party at trial. 
(8) Any material, documents, or information re-
lating to lineups, showups, and picture or voice iden-
tifications, if it is relevant to preparing the defense 
or the Government intends to use the item in its 
case-in-chief. 
(9) Any material or information within the Gov-
ernment’s possession or control which tends to ne-
gate the guilt of the defendant as to the offense 
charged or would tend to mitigate punishment of the 
defendant. 
(10) Any evidence of character, reputation, or 
other conduct of the defendant that the Government 
has investigated. 
(11) If the defendant’s conversations or prem-
ises were subject to electronic surveillance (including 
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wiretapping) in connection with the investigation or 
prosecution of the case, any transcripts, notes, 
memos, recordings, or other materials derived from 
such surveillance. 
(12) Any tangible object obtained through a 
search and seizure, including any information, docu-
ments, or other material relating to the acquisition 
of that object, if the object, information, or docu-
ment, or material is material to preparing the de-
fense or the Government intends to use that object, 
information, document, or material in its case-in- 
chief. 
(13) Any evidence that a forensic technician, 
laboratory, or facility involved in the case has been 
responsible for an unreliable forensic analysis or 
questionable conviction in the past. 
(c) PROMPT DISCLOSURE OF ADDITIONAL INFORMA-
TION LATER ADDED TO THE INVESTIGATIVE OR CASE 
FILE.—Upon completing the initial disclosure required 
under subsection (b), the Government shall, not later than 
14 days after information of the sort described in sub-
section (b) is added to the investigative or case file, dis-
close the full contents of that additional information, ex-
cepting only privileged material or attorney work product, 
to permit inspection, copying, testing, and photographing 
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of disclosed documents or tangible objects, including the 
documents or tangible objects described in subsection (b), 
irrespective of whether the Government intends to rely on 
such information at trial and irrespective of whether or 
not the Government considers such information material 
or exculpatory. 
(d) PROTECTIVE ORDER.— 
(1) IN GENERAL.—Upon written application by 
the Government, the court may grant a protective 
order limiting the scope or timing of disclosure re-
quired by this section, or limiting the persons to 
whom such disclosure may be made or disseminated. 
(2) REQUIREMENTS FOR GRANTING.—The ap-
plication shall be granted only to the extent the Gov-
ernment demonstrates that such disclosure would 
cause— 
(A) a particularized and substantial risk of 
physical harm or intimidation to any person; 
(B) the release of information that would 
compromise a significant national security in-
terest; or 
(C) the violation of privacy rights, pro-
tected by Federal law, of a non-law-enforcement 
witness. 
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(3) NATURE OF ORDER IF GRANTED.—If grant-
ed, the protective order shall be narrowly tailored to 
limit the scope, timing or extent of disclosure only 
to the extent necessary to address the particularized 
need for delayed, limited or nondisclosure, while pro-
tecting the defendant’s right to prepare for trial or 
sentencing to the extent possible. 
(4) APPLICATION
MAY
BE
EX
PARTE.—The 
written application may be made ex parte so long as 
the Government provides notice to the defendant of 
the general nature of the application, and the de-
fendant is given an opportunity to be heard on 
whether an ex parte application is necessary, wheth-
er any protective order is warranted, and the param-
eters of any protective order. If the application re-
mains sealed, it shall be preserved in the record for 
appellate review. 
SEC. 303. NOTIFICATION RELATING TO FORENSIC, PROS-
ECUTORIAL, OR LAW ENFORCEMENT MIS-
CONDUCT. 
(a) NOTICE.—Not later than 30 days after a finding 
by the Attorney General that a Federal prosecutor or law 
enforcement officer involved in a Federal criminal case has 
engaged in misconduct or a Federal forensic facility or 
technician has provided flawed analysis or testimony, the 
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Attorney General shall inform each defendant in whose 
case that prosecutor, law enforcement officer, forensic fa-
cility, or forensic technician was involved. 
(b) ACCESS TO EVIDENCE AND CASE FILES FOR NO-
TIFIED PERSONS.—The Attorney General shall permit no-
tified defendants and their counsel access to— 
(1) the forensic evidence underlying the defend-
ant’s case to be re-tested by another validated Gov-
ernment facility as well as by the defendant’s inde-
pendent forensic expert at the Government’s ex-
pense; and 
(2) the investigative and prosecutorial case file 
in the defendant’s case, including any attorney work 
product. 
(c) FAILURE TO COMPLY.—The Attorney General’s 
failure to comply with any requirement of this section enti-
tles the defendant to appropriate judicial relief. 
(d) HABEAS RELIEF.—A defendant who receives a 
notice under subsection (a) and whose conviction has be-
come final is entitled to seek judicial relief under section 
2255 of title 28, United States Code, notwithstanding any 
procedural limitation or bar to such relief, so long as the 
defendant exercised due diligence in seeking relief after 
receiving the notice described in subsection (a). 
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SEC. 304. REMEDIES. 
(a) WITHIN THE DEPARTMENT OF JUSTICE.—The 
Attorney General shall take appropriate disciplinary meas-
ures to sanction any failure of a Federal prosecutor or 
law enforcement officer to comply in good faith with the 
procedures and requirements created by or under this 
title. 
(b) JUDICIAL REMEDY.—The court may exclude from 
trial any evidence involved in a failure of a Federal pros-
ecutor or law enforcement officer to comply in good faith 
with the procedures and requirements created by or under 
this title. 
SEC. 305. TOOLKITS FOR STATE AND LOCAL GOVERNMENT. 
Not later than 180 days after the date of the enact-
ment of this Act, the Attorney General shall provide tool-
kits regarding training in best practices developed under 
this title to State and local governments and encourage 
them to adopt these practices to reduce the likelihood of 
wrongful conviction. 
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TITLE 
IV—CONCENTRATING 
PRISON SPACE ON VIOLENT 
AND CAREER CRIMINALS 
Subtitle 
A—Restoring 
Original 
Congressional Intent To Focus 
Federal Drug Mandatory Mini-
mums Only on Managers, Super-
visors, Organizers, and Leaders 
of Drug Trafficking Organiza-
tions and To Avoid Duplicative 
Prosecution With States 
SEC. 401. FOCUSING THE APPLICATION OF FEDERAL MAN-
DATORY MINIMUMS FOR CERTAIN DRUG OF-
FENSES TO RESTORE ORIGINAL CONGRES-
SIONAL INTENT RESPECTING THE BALANCE 
OF POWER BETWEEN THE FEDERAL GOVERN-
MENT AND THE STATES. 
(a) CONTROLLED SUBSTANCES ACT.—Section 401 of 
the Controlled Substances Act (21 U.S.C. 841) is amend-
ed by adding at the end the following: 
‘‘(i) CLARIFYING CONGRESSIONAL INTENT REGARD-
ING APPLICATION
OF CERTAIN PENALTIES.—(1) The 
penalties set forth in subparagraph (A) of subsection 
(b)(1) apply only if— 
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‘‘(A) the type and quantity of the controlled or 
counterfeit substance violates subparagraph (A) of 
subsection (b)(1); and 
‘‘(B) the defendant was an organizer or leader 
of a drug trafficking organization. 
‘‘(2) The penalties set forth in subparagraph (B) of 
subsection (b)(1) apply only if— 
‘‘(A) the type and quantity of the controlled or 
counterfeit substance violates subparagraph (B) of 
subsection (b)(1); and 
‘‘(B) the defendant was an organizer, leader, 
manager, or supervisor of a drug trafficking organi-
zation. 
‘‘(3) The penalties set forth in subparagraph (C) of 
subsection (b)(1) apply only if— 
‘‘(A) the type and quantity of the controlled or 
counterfeit substance violates subparagraph (A), 
(B), or (C) of subsection (b)(1); and 
‘‘(B) the defendant was not a leader, organizer, 
manager, or supervisor of a drug trafficking organi-
zation. 
‘‘(4) The penalties set forth in subsection (b)(1)(D) 
apply only if— 
‘‘(A) the defendant’s conduct does not violate 
paragraphs (1) through (3); 
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‘‘(B) the defendant’s role was not minor or 
minimal; and 
‘‘(C) the defendant is not a leader, organizer, 
manager, or supervisor of or otherwise employed by 
a drug trafficking organization. 
‘‘(5) The penalties set forth in section 404 of the 
Controlled Substances Act shall apply to prosecutions 
under this section if— 
‘‘(A) the defendant’s conduct does not violate 
paragraphs (1) through (3); and 
‘‘(B) the defendant’s role was minor or mini-
mal. 
Notwithstanding subsection (b)(1)(D) or paragraph (4) or 
(5) of this subsection, any person who violates subsection 
(a) of this section by distributing a small amount of mari-
juana for no remuneration shall be treated as provided in 
section 404 of the Controlled Substances Act and section 
3607 of title 18, United States Code.’’. 
(b) CONTROLLED SUBSTANCES IMPORT AND EXPORT 
ACT.—Section 1010(b) of the Controlled Substances Im-
port and Export Act (21 U.S.C. 960(b)) is amended— 
(1) so that paragraph (4) reads as follows: 
‘‘(4) In the case of less than 50 kilograms of 
marihuana, except in the case of 50 or more mari-
huana plants regardless of weight, 10 kilograms of 
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hashish, or one kilogram of hashish oil, such person 
shall, except as provided in paragraphs (4) and (5) 
of section 401(b), be sentenced to a term of impris-
onment of not more than 5 years, a fine not to ex-
ceed the greater of that authorized in accordance 
with the provisions of title 18, United States Code, 
or $250,000, if the defendant is an individual or 
$1,000,000 if the defendant is other than an indi-
vidual, or both. If any person commits such a viola-
tion after a prior conviction for a felony drug offense 
has become final, such person shall be sentenced to 
a term of imprisonment of not more than 10 years, 
a fine not to exceed the greater of twice that author-
ized in accordance with the provisions of title 18, 
United States Code, or $500,000 if the defendant is 
an individual or $2,000,000 if the defendant is other 
than an individual, or both. Notwithstanding section 
3583 of title 18, United States Code, any sentence 
imposing a term of imprisonment under this para-
graph shall, in the absence of such a prior convic-
tion, impose a term of supervised release of at least 
2 years in addition to such term of imprisonment 
and shall, if there was such a prior conviction, im-
pose a term of supervised release of at least 4 years 
in addition to such term of imprisonment.’’; and 
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(2) so that paragraph (5) reads as follows: 
‘‘(5) In the case of a violation of subsection (a) 
involving a controlled substance in schedule III, such 
person shall be sentenced in accordance with para-
graphs (1) through (4) of this subsection and sub-
section (e).’’. 
(c) CLARIFYING ORIGINAL CONGRESSIONAL INTENT 
REGARDING APPLICATION
OF CERTAIN PENALTIES.— 
Section 1010 of the Controlled Substances Import and Ex-
port Act (21 U.S.C. 960) is amended by adding at the 
end the following: 
‘‘(e) CLARIFYING ORIGINAL CONGRESSIONAL INTENT 
REGARDING APPLICATION OF PENALTIES UNDER THE 
CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT.— 
‘‘(1) The penalties set forth in paragraph (1) of 
subsection (b) apply only if— 
‘‘(A) type and quantity of the controlled or 
counterfeit substance violates paragraph (1) of 
subsection (b); and 
‘‘(B) the defendant was an organizer or 
leader of a drug trafficking organization. 
‘‘(2) The penalties set forth in paragraph (2) of 
subsection (b) apply only if— 
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‘‘(A) the type and quantity of the con-
trolled or counterfeit substance violates para-
graph (2) of subsection (b); and 
‘‘(B) the defendant was an organizer, lead-
er, manager, or supervisor of a drug trafficking 
organization. 
‘‘(3) The penalties set forth in paragraph (3) of 
subsection (b) apply only if— 
‘‘(A) the type and quantity of the con-
trolled or counterfeit substance violates para-
graph (1), (2), or (3) of subsection (b); and 
‘‘(B) the defendant was not a leader, orga-
nizer, manager, or supervisor of a drug traf-
ficking organization. 
‘‘(4) The penalties set forth in paragraph (4) of 
subsection (b) apply only if— 
‘‘(A) the defendant’s conduct does not vio-
late paragraphs (1) through (3); 
‘‘(B) the defendant’s role was not minor or 
minimal; and 
‘‘(C) the defendant is not a leader, orga-
nizer, manager, or supervisor of or otherwise 
employed by a drug trafficking organization. 
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‘‘(5) The penalties set forth in section 404 of 
the Controlled Substances Act shall apply to pros-
ecutions under section 1010(b) of this Act if— 
‘‘(A) the defendant’s conduct does not vio-
late paragraphs (1) through (3); and 
‘‘(B) the defendant’s role was minor or 
minimal. 
‘‘(6) Notwithstanding paragraph (4) of sub-
section (b) or paragraph (4) or (5) of this sub-
section, whoever violates subsection (a) of this sec-
tion by distributing a small amount of marijuana for 
no remuneration shall be treated as provided in sec-
tion 404 of the Controlled Substances Act and sec-
tion 3607 of title 18, United States Code.’’. 
(d) DEFINITIONS.—Section 102 of the Controlled 
Substances Act is amended by adding at the end the fol-
lowing: 
‘‘(58)(A) The term ‘participant’ means a person 
who is criminally responsible for the commission of 
the offense, and does not include a law enforcement 
officer or a person acting on behalf of law enforce-
ment. 
‘‘(B) The term ‘organizer’ or ‘leader’ means a 
person who, over a significant period of time— 
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‘‘(i) exercised primary decision-making au-
thority over the most significant aspects of the 
criminal activity; 
‘‘(ii) engaged in significant planning of the 
acquisition or distribution of large quantities of 
drugs or sums of money for the initiation and 
commission of the offense; 
‘‘(iii) recruited and paid accomplices; 
‘‘(iv) delegated tasks to other participants 
on a regular basis; 
‘‘(v) received a significantly larger share of 
the proceeds of the criminal activity than other 
participants; and 
‘‘(vi) exercised supervisory control or au-
thority over at least four other participants in 
the criminal activity who meet the definition of 
‘manager’ or ‘supervisor’ in subsection (d)(3) 
over a substantial period of time. 
‘‘(C) The term ‘manager’ or ‘supervisor’ means 
a person who, over a significant period of time— 
‘‘(i) exercised some decision-making au-
thority over significant aspects of the criminal 
activity; 
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‘‘(ii) received a larger share of the pro-
ceeds of the criminal activity than most other 
participants; and 
‘‘(iii) provided ongoing, day-to-day super-
vision of, or specialized training to, at least four 
other participants over a substantial period of 
time. 
‘‘(D) When used with regards to a defendant’s 
role in the offense, the term ‘minor’ means the per-
son was not a manager, supervisor, organizer, or 
leader, and, in comparison with those in the offense 
who played such roles— 
‘‘(i) exercised little decision-making author-
ity over aspects of the criminal activity; 
‘‘(ii) had little or no knowledge of the 
scope, extent, and inner workings of the crimi-
nal activity; 
‘‘(iii) received small shares of the proceeds 
of the criminal activity; or 
‘‘(iv) was involved in the offense for a 
short period of time or in a sporadic manner 
over a long period of time. 
‘‘(E) When used with regards to a defendant’s 
role in the offense, the term ‘minimal’ means the 
person was not a manager, supervisor, organizer, or 
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leader, and the person’s involvement in the crime 
was less substantial than that of a person playing a 
‘minor’ role.’’. 
(e) APPLICABILITY TO OTHER CONTROLLED SUB-
STANCES DERIVING THEIR PENALTIES THEREFROM.— 
(1) Section 401 of the Controlled Substances 
Act is amended by adding at the end, as amended 
by section 401(a) of this Act: 
‘‘(i) The penalties set forth in subsections (b) and (i) 
of this section shall apply to any provision of law for which 
the penalties are derived from this section.’’. 
(2) Section 1010 of the Controlled Substances 
Import and Export Act is amended by adding at the 
end, as amended by section 401(c) of this Act: 
(f) APPLICATION OF PENALTIES.—The penalties set 
forth in subsections (b) and (e) of this section shall apply 
to any provision of law for which the penalties are derived 
from this section. 
SEC. 402. MODIFICATION OF CRITERIA FOR ‘‘SAFETY 
VALVE’’ LIMITATION ON APPLICABILITY OF 
CERTAIN MANDATORY MINIMUMS. 
(a) IN GENERAL.—Section 3553(f) of title 18, United 
States Code, is amended— 
(1) in the matter preceding paragraph (1), by 
inserting ‘‘or under any provision of law for which 
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the penalties are derived from any of those sections, 
or section 924(c) of this title in relation to a drug 
trafficking crime,’’ before ‘‘the court shall impose’’; 
(2) so that paragraph (1) reads as follows: 
‘‘(1) the defendant— 
‘‘(A) does not have a criminal history cat-
egory higher than category I after any down-
ward departure under the sentencing guidelines; 
‘‘(B) does not have— 
‘‘(i) criminal history points higher 
than 4 after any downward departure 
under the sentencing guidelines; or 
‘‘(ii) an offense of conviction that is— 
‘‘(I) an offense under section 922 
or 924; 
‘‘(II) a sex offense (as defined in 
section 111 of the Adam Walsh Child 
Protection and Safety Act of 2006); 
‘‘(III) a Federal crime of ter-
rorism 
(as 
defined 
in 
section 
2332b(g)(5)); or 
‘‘(IV) 
a 
racketeering 
offense 
under section 1962; or 
‘‘(C) committed the offense as the result 
of— 
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‘‘(i) mental illness, cognitive deficits, 
or a history of persistent or serious sub-
stance abuse or addiction; 
‘‘(ii) trauma suffered while serving on 
active duty in an armed conflict zone for a 
branch of the United States military; or 
‘‘(iii) victimization stemming from any 
combination of physical, mental, emotional, 
or psychological abuse or domestic vio-
lence, if the offense was committed at the 
direction of another individual who— 
‘‘(I) was a more culpable partici-
pant in the instant offense or played 
a significantly greater role in the of-
fense; or 
‘‘(II) effectively coerced the de-
fendant’s involvement in the offense 
by means of threats or abuse either 
directly from the other individual or 
through any person or group;’’; 
(3) so that paragraph (2) reads as follows: 
‘‘(2) the defendant did not use violence or cred-
ible threats of violence in connection with the of-
fense;’’; and 
(4) so that paragraph (4) reads as follows: 
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‘‘(4) the defendant was not convicted under sec-
tion 401 of the Controlled Substances Act or section 
1010(b) of the Controlled Substances Import and 
Export Act for being an organizer, leader, manager, 
or supervisor of a drug trafficking organization, and 
was not engaged in a continuing criminal enterprise, 
as defined in section 408 of the Controlled Sub-
stances Act; and’’. 
(b) LIMITATION ON USE OF CERTAIN INFORMATION 
TO DETERMINE GUIDELINE RANGE.—Subsection (f)(5) 
of section 3553 of title 18, United States Code, as amend-
ed by section 402(a) of this Act, is amended further by 
adding at the end the following: 
‘‘(h) LIMITATION ON USE OF CERTAIN INFORMATION 
TO DETERMINE GUIDELINE SENTENCE.—Information 
and evidence provided by the defendant pursuant to this 
paragraph shall not be used by the court in determining 
the applicable guideline range, or in imposing an upward 
departure or variance.’’. 
SEC. 403. CONSISTENCY IN THE USE OF PRIOR CONVIC-
TIONS FOR SENTENCING ENHANCEMENTS. 
(a) DEFINITION OF FELONY DRUG OFFENSE.—Sec-
tion 102(44) of the Controlled Substances Act (21 U.S.C. 
802(44)) is amended to read as follows: 
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‘‘(44) For the purpose of increased punishment 
based on a prior conviction for a ‘felony drug of-
fense’, the term ‘felony drug offense’— 
‘‘(A) means an offense under Federal or 
State law that— 
‘‘(i) has as an element the knowing 
manufacture, distribution, import, export, 
or possession with intent to distribute a 
controlled substance; 
‘‘(ii) is classified by the applicable law 
of the jurisdiction as a felony for which a 
maximum term of imprisonment of 10 
years or more is prescribed by law; and 
‘‘(iii) for which a sentence of impris-
onment exceeding 1 year and 1 month was 
initially imposed and was not suspended; 
but 
‘‘(B) does not include an offense for 
which— 
‘‘(i) the conviction occurred more than 
10 years before the defendant’s commis-
sion of the instant offense, excluding any 
period during which the defendant was in-
carcerated; 
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‘‘(ii) the prosecution relating to the 
offense was ultimately dismissed, including 
in a case in which the defendant previously 
entered a plea of guilty or nolo contendere; 
‘‘(iii) the conviction has been reversed, 
vacated, set aside, or otherwise vitiated by 
judicial action; 
‘‘(iv) the conviction was expunged; 
‘‘(v) the defendant has been pardoned 
or had civil rights restored; or 
‘‘(vi) the conviction was unconstitu-
tional under the caselaw of the United 
States Supreme Court in effect at the time 
the conviction occurred or after the convic-
tion became final.’’. 
(b) DEFINITION OF FELONY DRUG TRAFFICKING 
OFFENSE.—Section 102 of the Controlled Substances Act 
(21 U.S.C. 802) is amended by adding at the end the fol-
lowing: 
‘‘(57) For the purpose of increased punishment 
based on a prior conviction for a ‘drug trafficking 
offense’, that term has the same meaning as the 
term ‘felony drug offense’ under subsection (44).’’. 
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(c) DEFINITIONS OF RELATED TERMS FOR CHAPTER 
44 OF
TITLE
18, UNITED
STATES
CODE.—Section 
924(e)(2) of title 18, United States Code, is amended— 
(1) in subparagraph (A), by striking ‘‘means— 
’’ and all that follows through the end of the sub-
paragraph and inserting ‘‘means a ‘felony drug of-
fense’ as that term is defined in section 102(44) of 
the Controlled Substances Act;’’; 
(2) in subparagraph (B), by inserting ‘‘, for 
which a sentence of imprisonment exceeding 1 year 
and 1 month was initially imposed and not sus-
pended’’ after ‘‘adult’’; and 
(3) in subparagraph (C), by striking the period 
at the end and inserting ‘‘, but does not include a 
conviction for any offense that is not classified as a 
felony by the applicable law of the jurisdiction or is 
a conviction of the sort described in subparagraph 
(B) of section 102(44) of the Controlled Substances 
Act and does not include any finding that the de-
fendant committed an act of juvenile delinquency 
that was made more than 10 years before the de-
fendant’s commencement of the instant offense, ex-
cluding any period during which the defendant was 
incarcerated; and’’. 
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(d) REQUIREMENT OF FILING AN INFORMATION.— 
Section 924(e) of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘(3) A person may not be sentenced to in-
creased punishment under this subsection unless, be-
fore trial or entry of a guilty plea, the United States 
Attorney files an information with the court and 
serves a copy on the person or his counsel stating 
in writing the previous convictions to be relied 
upon.’’. 
(e) APPLYING EVIDENCE-BASED PRACTICES
FOR 
AGE-RELATED DECLINES IN RECIDIVISM TO CERTAIN 
PENALTIES.— 
(1) IN
GENERAL.—Section 401(b)(1) of the 
Controlled Substances Act (21 U.S.C. 841(b)(1)) is 
amended— 
(A) in subparagraph (A)— 
(i) in the flush text following clause 
(viii), by striking ‘‘life imprisonment, a 
fine’’ and inserting ‘‘a term of imprison-
ment which may not be less than 25 years 
and not more than life imprisonment, a 
fine’’; and 
(ii) in the flush text following clause 
(viii), by striking ‘‘term of life imprison-
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ment without release’’ and inserting ‘‘a 
term of imprisonment which may not be 
less than 25 years and not more than life 
imprisonment, a fine’’; 
(B) in subparagraph (B), in the flush text 
following clause (viii), by striking ‘‘life impris-
onment, a fine’’ and inserting ‘‘a term of im-
prisonment which may not be less than 25 
years and not more than life imprisonment, a 
fine’’; and 
(C) in subparagraph (C), by striking ‘‘life 
imprisonment, a fine’’ and inserting ‘‘a term of 
imprisonment which may not be less than 25 
years and not more than life imprisonment, a 
fine’’. 
(2) RETROACTIVE EFFECT.—The amendments 
made by this subsection apply with respect to convic-
tions occurring before, on, or after the date of the 
enactment of this Act. 
(f) PROCEDURES RELATED TO SEEKING ENHANCED 
DRUG PENALTIES
FOR DRUG TRAFFICKING.—Section 
411 of the Controlled Substances Act (21 U.S.C. 851) is 
amended by striking paragraph (2) of subsection (a) and 
inserting the following: 
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‘‘(2) No person who is convicted of an offense 
under this part shall be sentenced to increased pun-
ishment by reason of a prior conviction if— 
‘‘(A) except as provided in paragraph (4), 
the Government fails, before trial, or before 
entry of a plea of guilty, to file an information 
with the court and serves a copy of such infor-
mation on the person or counsel for that per-
son, stating any previous conviction upon which 
the Government intends to rely for the en-
hanced penalty; 
‘‘(B) the person was not convicted as al-
leged in the information; 
‘‘(C) the conviction is for simple possession 
of a controlled substance, the offense was clas-
sified as a misdemeanor under the law of the 
jurisdiction in which the proceedings were held, 
the finding that the defendant committed an 
act of juvenile delinquency that made more 
than 10 years before the defendant’s com-
mencement of the instant offense, excluding any 
period during which the defendant was incar-
cerated, or the proceedings resulted in a dis-
position that was not deemed a conviction 
under that law; 
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‘‘(D) the conviction has been dismissed, ex-
punged, vacated, or set aside, or for which the 
person has been pardoned or has had civil 
rights restored; 
‘‘(E) the conviction is invalid; or 
‘‘(F) the person is otherwise not subject to 
an increased sentence as a matter of law. 
‘‘(3) An information may not be filed under this 
section— 
‘‘(A) if the increased punishment which 
may be imposed is imprisonment for a term in 
excess of three years unless the person either 
waived or was afforded prosecution by indict-
ment for the offense for which such increased 
punishment may be imposed; or 
‘‘(B) more than 10 years after the date the 
judgment for the prior conviction was entered, 
excluding any period during which the defend-
ant was incarcerated. 
‘‘(4) Upon a showing by the Government that 
facts regarding prior convictions could not with due 
diligence be obtained prior to trial or before entry of 
a plea of guilty, the court may postpone the trial or 
the taking of the plea of guilty for a reasonable pe-
riod for the purpose of obtaining those facts. 
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‘‘(5) Clerical mistakes in the information, or in 
the underlying conviction records, may be amended 
at any time prior to the pronouncement of the sen-
tence. 
‘‘(6) The Government shall bear the burden of 
proof beyond a reasonable doubt regarding the exist-
ence and accuracy of any prior conviction alleged. 
‘‘(7) The person with respect to whom the in-
formation was filed may challenge a prior conviction 
before sentence is imposed. 
‘‘(8) If a prior conviction that was a basis for 
increased punishment under this part has been va-
cated in any State or Federal proceeding, or is for 
an offense that no longer qualifies as a felony drug 
offense under United States Supreme Court or rel-
evant circuit caselaw, the person shall be resen-
tenced to any sentence available under the law at the 
time of resentencing, not to exceed the original sen-
tence.’’. 
(g) INFORMATION FILED BY UNITED STATES AT-
TORNEY.—Paragraph (4) of section 3559(c) of title 18, 
United States Code, is amended to read as follows: 
‘‘(4) INFORMATION FILED BY UNITED STATES 
ATTORNEY.—A person may not be sentenced to in-
creased punishment under this subsection unless, be-
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fore trial or entry of a guilty plea, the United States 
Attorney files an information with the court and 
serves a copy on the person or his counsel stating 
in writing the previous convictions to be relied 
upon.’’. 
(h) RESENTENCING.—Section 3559(c)(7) of title 18, 
United States Code, is amended by inserting ‘‘not to ex-
ceed the original sentence’’ before the period at the end. 
SEC. 404. CLARIFICATION OF APPLICABILITY OF THE FAIR 
SENTENCING ACT. 
(a) DEFENDANTS
PREVIOUSLY
SENTENCED.—A 
court that imposed a sentence for a covered offense, may, 
on motion of the defendant, the Director of the Bureau 
of Prisons, the attorney for the Government, or the court, 
impose a reduced sentence as if sections 2 and 3 of the 
Fair Sentencing Act of 2010 were in effect at the time 
the covered offense was committed. 
(b) DEFINITION OF COVERED OFFENSE.—In this 
section, the term ‘‘covered offense’’ means a violation of 
a Federal criminal statute, the statutory penalties for 
which were modified by section 2 or 3 of the Fair Sen-
tencing Act of 2010 (Public Law 111–220; 124 Stat. 
2372), that was committed before August 3, 2010. 
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SEC. 405. ELIGIBILITY FOR RESENTENCING BASED ON 
CHANGES IN LAW. 
Section 3582(c) of title 18, United States Code, is 
amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(1); 
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(3) in the case of a defendant who was sen-
tenced to a term of imprisonment for an offense for 
which the minimum or maximum term of imprison-
ment was subsequently reduced as a result of the 
amendments made by the SAFE Justice Act, upon 
motion of the defendant, counsel for the defendant, 
counsel for the Government, or the Director of the 
Bureau of Prisons, or, on its own motion, the court 
may reduce the term of imprisonment consistent 
with that reduction, after considering the factors set 
forth in subsections (a) and (d) through (g) of sec-
tion 3553 to the extent applicable. If the court does 
grant a sentence reduction, the reduced sentence 
shall not be less than permitted under current statu-
tory law. If the court denies a motion made under 
this paragraph, the movant may file another motion 
under this subsection, not earlier than 5 years after 
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each denial, which may be granted if the offender 
demonstrates the offender’s compliance with recidi-
vism-reduction programming or other efforts the of-
fender has undertaken to improve the likelihood of 
successful re-entry and decrease any risk to public 
safety posed by the defendant’s release. If the court 
denies the motion due to incorrect legal conclusions 
or facts or other mistakes by the court, probation of-
ficer, or counsel, the defendant may file another mo-
tion under this subsection at any time.’’. 
SEC. 406. DIRECTIVES TO THE SENTENCING COMMISSION. 
(a) GENERALLY.—Pursuant to its authority under 
section 994(p) of title 28, United States Code, and in ac-
cordance with this section, the United States Sentencing 
Commission shall review and amend its guidelines and its 
policy statements applicable to persons convicted of an of-
fense under the Controlled Substances Act (21 U.S.C. 801 
et seq.), the Controlled Substances Import and Export Act 
(21 U.S.C. 951 et seq.), or any offense deriving its pen-
alties therefrom to ensure that the guidelines and policy 
statements are consistent with the amendments made by 
this title. 
(b) CONSIDERATIONS.—In carrying out this section, 
the United States Sentencing Commission shall con-
sider— 
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(1) the mandate of the United States Sen-
tencing Commission, under section 994(g) of title 
28, United States Code, to formulate the sentencing 
guidelines in such a way as to ‘‘minimize the likeli-
hood that the Federal prison population will exceed 
the capacity of the Federal prisons’’; 
(2) the relevant public safety concerns, includ-
ing the need to preserve limited prison resources for 
more serious, repeat, and violent offenders; 
(3) the intent of Congress that violent, repeat, 
and high-level drug traffickers who present public 
safety risks receive sufficiently severe sentences, and 
that nonviolent, lower- and street-level drug offend-
ers without serious records receive proportionally 
less severe sentences; 
(4) the fiscal implications of any amendments 
or revisions to the sentencing guidelines or policy 
statements made by the United States Sentencing 
Commission; 
(5) the appropriateness of, and likelihood of un-
warranted sentencing disparity resulting from, use 
of drug type and quantity as the primary factors de-
termining a sentencing guideline range; and 
(6) the need to reduce and prevent racial dis-
parities in Federal sentencing. 
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(c) GENERAL INSTRUCTION TO SENTENCING COM-
MISSION.—Section 994(h) of title 28, United States Code, 
is amended to read as follows: 
‘‘(h) The Commission shall ensure that the guidelines 
specify a sentence to a term of imprisonment at or near 
the maximum term authorized for categories of defendants 
in which the defendant is 18 years old or older and— 
‘‘(1) has been convicted of a felony that is— 
‘‘(A) a violent felony as defined in section 
924(e)(2)(B) of title 18; or 
‘‘(B) an offense under— 
‘‘(i) section 401 of the Controlled 
Substances Act; 
‘‘(ii) section 1002(a), 1005, or 1009 
of the Controlled Substances Import and 
Export Act; or 
‘‘(iii) chapter 705 of title 46, United 
States Code; and 
‘‘(2) has previously been convicted of two or 
more prior offenses, each of which— 
‘‘(A) is classified by the applicable law of 
the convicting jurisdiction as a felony; and 
‘‘(B) is— 
‘‘(i) a violent felony as defined in sec-
tion 924(e)(2)(B) of title 18; or 
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‘‘(ii) a felony drug offense as defined 
in section 102(44) of the Controlled Sub-
stances Act.’’. 
SEC. 407. EXCLUSION OF ACQUITTED CONDUCT AND DIS-
CRETION TO DISREGARD MANIPULATED CON-
DUCT FROM CONSIDERATION DURING SEN-
TENCING. 
(a) ACQUITTED CONDUCT NOT TO BE CONSIDERED 
IN SENTENCING.—Section 3661 of title 18, United States 
Code, is amended by striking the period at the end and 
inserting ‘‘, except that a court shall not consider conduct 
of which a person has not been convicted.’’. 
(b) PROVIDING DISCRETION TO DISREGARD CER-
TAIN FACTORS IN SENTENCING.— 
(1) TITLE 18, UNITED STATES CODE.—Section 
3553 of title 18, United States Code, is amended by 
adding at the end the following: 
‘‘(g) DISCRETION TO DISREGARD CERTAIN FAC-
TORS.—A court, in sentencing a defendant convicted 
under the Controlled Substances Act, the Controlled Sub-
stances Import and Export Act, any offense deriving its 
penalties from either such Act, or an offense under section 
924(c) based on a drug trafficking crime, may disregard, 
in determining the statutory range, calculating the guide-
line range or considering the factors set forth in section 
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3553(a), any type or quantity of a controlled substance, 
counterfeit substance, firearm or ammunition that was de-
termined by a confidential informant, cooperating witness, 
or law enforcement officer who solicited the defendant to 
participate in a reverse sting or fictitious stash-house rob-
bery.’’. 
(2) CONTROLLED
SUBSTANCES
ACT.—Section 
401(b)(1) of the Controlled Substances Act (21 
U.S.C. 841(b)(1)) is amended by adding at the end 
the following: 
‘‘(F) In the case of a person who conspires 
to commit an offense under this title, the type 
and quantity of the controlled or counterfeit 
substance for the offense that was the object of 
the conspiracy shall be the type and quantity 
involved in— 
‘‘(i) the defendant’s own unlawful 
acts; and 
‘‘(ii) any unlawful act of a co-con-
spirator that— 
‘‘(I) the defendant agreed to 
jointly undertake; 
‘‘(II) was in furtherance of that 
unlawful act the defendant agreed to 
jointly undertake; and 
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‘‘(III) was intended by the de-
fendant.’’. 
(3) CONTROLLED
SUBSTANCES
IMPORT
AND 
EXPORT
ACT.—Section 1010(b) of the Controlled 
Substances Import and Export Act (21 U.S.C. 
960(b)) is amended by adding at the end the fol-
lowing: 
‘‘(8) In the case of a person who conspires to 
commit an offense under this title, the type and 
quantity of the controlled or counterfeit substance 
for the offense that was the object of the conspiracy 
shall be the type and quantity involved in— 
‘‘(A) the defendant’s own unlawful acts; 
and 
‘‘(B) any unlawful act of a co-conspirator 
that— 
‘‘(i) the defendant agreed to jointly 
undertake; 
‘‘(ii) was in furtherance of that unlaw-
ful act the defendant agreed to jointly un-
dertake; and 
‘‘(iii) was intended by the defend-
ant.’’. 
(4) DIRECTIVE TO THE SENTENCING COMMIS-
SION.—Pursuant to its authority under section 
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994(p) of title 28, United States Code, and in ac-
cordance with this section, the United States Sen-
tencing Commission shall review and amend its 
guidelines and policy statements applicable to rel-
evant conduct to ensure that they are consistent 
with the amendments made by this section. 
(5) DEFINITIONS.—The following definitions 
apply in this section: 
(A) REVERSE STING.—The term ‘‘reverse 
sting’’ means a situation in which a person who 
is a law enforcement officer or is acting on be-
half of law enforcement initiates a transaction 
involving the sale of a controlled substance, 
counterfeit substance, firearms or ammunition 
to a targeted individual. 
(B) STASH
HOUSE.—The term ‘‘stash 
house’’ means a location where drugs and/or 
money are stored in furtherance of a drug dis-
tribution operation. 
(C) 
FICTITIOUS
STASH
HOUSE
ROB-
BERY.—The term ‘‘fictitious stash house rob-
bery’’ means a situation in which a person who 
is a law enforcement officer or is acting on be-
half of law enforcement describes a fictitious 
stash house to a targeted individual and invites 
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the targeted individual to rob such fictitious 
stash house. 
Subtitle B—Clarification of Con-
gressional Intent on Certain Re-
cidivist Penalties 
SEC. 408. AMENDMENTS TO ENHANCED PENALTIES PROVI-
SION. 
Section 924(c) of title 18, United States Code, is 
amended— 
(1) in paragraph (1)(C), by striking, ‘‘In the 
case of a second or subsequent conviction under this 
subsection’’ and inserting ‘‘If any person commits a 
violation under this subsection after a prior convic-
tion under this subsection has become final’’; 
(2) in clause (i), by striking ‘‘not less than 25 
years’’ and inserting ‘‘not less than 15 years.’’; and 
(3) by adding at the end the following: 
‘‘(6) In this subsection, the term ‘during and in 
relation to’ does not include any possession not on 
the person of, or within arm’s reach and otherwise 
readily and immediately accessible to the defendant 
at the time and place of the offense.’’. 
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Subtitle C—Expanding the Ability 
To Apply for Compassionate Re-
lease 
SEC. 409. ABILITY TO PETITION FOR RELEASE TO EX-
TENDED SUPERVISION FOR CERTAIN PRIS-
ONERS 
WHO 
ARE 
MEDICALLY 
INCAPACI-
TATED, GERIATRIC, OR CAREGIVER PARENTS 
OF MINOR CHILDREN AND WHO DO NOT 
POSE PUBLIC SAFETY RISKS. 
(a) ELIGIBILITY.—Subparagraph (A) of section 
3582(c)(1) of title 18, United States Code, is amended 
to read as follows: 
‘‘(A) the court, upon motion of the defend-
ant, the Director of the Bureau of Prisons, or 
on its own motion, may reduce the term of im-
prisonment after considering the factors set 
forth in section 3553(a) to the extent they are 
applicable, if it finds that— 
‘‘(i) extraordinary and compelling rea-
sons warrant such a reduction; or 
‘‘(ii) the defendant— 
‘‘(I) is at least 60 years of age; 
‘‘(II) has an extraordinary health 
condition; or 
‘‘(III) has been notified that— 
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‘‘(aa) the primary caregiver 
of the defendant’s biological or 
adopted child under the age of 18 
has died or has become medi-
cally, mentally, or psychologically 
incapacitated; 
‘‘(bb) the primary caregiver 
is therefore unable to care for the 
child any longer; and 
‘‘(cc) other family members 
or caregivers are unable to care 
for the child, such that the child 
is at risk of being placed in the 
foster care system; and’’. 
(b) INELIGIBILITY AND PROCEDURE.—Section 3582 
of title 18, United States Code, is amended by adding at 
the end the following: 
‘‘(e) INELIGIBILITY.—No prisoner is eligible for a 
modification of sentence under subsection (c)(1)(A) if the 
prisoner is serving a sentence of imprisonment for any of 
the following offenses: 
‘‘(1) A Federal conviction for homicide in which 
the prisoner was proven beyond a reasonable doubt 
to have had the intent to cause death and death re-
sulted. 
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‘‘(2) A Federal crime of terrorism, as defined 
under section 2332b(g)(5). 
‘‘(3) A Federal sex offense, as described in sec-
tion 111 of the Sex Offender Registration and Noti-
fication Act (42 U.S.C. 16911). 
‘‘(f) REQUIREMENTS
FOR CERTAIN MOTIONS.—If 
the prisoner makes a motion under subsection (c)(1)(A) 
on the basis of an extraordinary health condition or the 
death or incapacitation of the primary caregiver of the 
prisoner’s minor child, that prisoner shall provide docu-
mentation, as the case may be— 
‘‘(1) setting forth a relevant diagnosis regard-
ing the extraordinary health condition; or 
‘‘(2) that— 
‘‘(A) 
the 
requirements 
of 
subsection 
(c)(1)(A)(ii)(III) are met; and 
‘‘(B) the prisoner’s release— 
‘‘(i) is in the best interest of the child; 
and 
‘‘(ii) would not endanger public safety. 
‘‘(g) PROCEDURE FOR COURT DETERMINATION.—(1) 
Upon receipt of a prisoner’s motion under subsection 
(c)(1)(A), the court, after obtaining relevant contact infor-
mation from the Attorney General, shall send notice of the 
motion to the victim or victims, or appropriate surviving 
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relatives of a deceased victim, of the crime committed by 
the prisoner. The notice shall inform the victim or victims 
or surviving relatives of a deceased victim of how to pro-
vide a statement prior to a determination by the court on 
the motion. 
‘‘(2) Not later than 60 days after receiving a pris-
oner’s motion for modification under subsection (c)(1)(A), 
the court shall hold a hearing on the motion if the motion 
has not been granted. 
‘‘(3) The court shall grant the modification under 
subsection (c)(1)(A) if the court determines that— 
‘‘(A) the prisoner meets the criteria pursuant to 
subsection (c)(1)(A); and 
‘‘(B) there is a low likelihood that the prisoner 
will pose a risk to public safety. 
‘‘(4) In determining a prisoner’s motion for a modi-
fication of sentence under subsection (c)(1)(A) the court 
shall consider— 
‘‘(A) the age of the prisoner and years served 
in prison; 
‘‘(B) the criminogenic needs and risk factors of 
the offender; 
‘‘(C) the prisoner’s behavior in prison; 
‘‘(D) an evaluation of the prisoner’s community 
and familial bonds; 
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‘‘(E) an evaluation of the prisoner’s health; and 
‘‘(F) a victim statement, if applicable, pursuant 
to paragraph (1). 
‘‘(h) ACTIONS WITH RESPECT TO SUCCESSFUL MO-
TION.—If the court grants the prisoner’s motion pursuant 
to subsection (c)(1)(A), the court shall— 
‘‘(1) reduce the term of imprisonment for the 
prisoner in a manner that provides for the release of 
the prisoner not later than 30 days after the date 
on which the prisoner was approved for sentence 
modification; 
‘‘(2) modify the remainder of the term of im-
prisonment to home confinement or residential re- 
entry confinement with or without electronic moni-
toring; or 
‘‘(3) lengthen or impose a term of supervised 
release so that it expires on the same date as if the 
defendant received no relief under subsection 
(c)(1)(A). 
‘‘(i) SUBSEQUENT MOTIONS.—If the court denies a 
prisoner’s motion pursuant to subsection (c)(1)(A), the 
prisoner may not file another motion under subsection 
(c)(1)(A) earlier than one year after the date of denial. 
If the court denies the motion due to incorrect legal con-
clusions or facts or other mistakes by the court, probation 
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officer, or counsel, the prisoner may file another motion 
under that subsection without regard to this limitation. 
‘‘(j) DEFINITION.—In this section, the term ‘extraor-
dinary health conditions’ means a condition afflicting a 
person, such as infirmity, significant disability, or a need 
for advanced medical treatment or services not readily or 
reasonably available within the correctional institution.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section take effect 1 year after the date of the enact-
ment of this Act. 
TITLE 
V—ENCOURAGING 
AC-
COUNTABILITY WITH GREAT-
ER USE OF EVIDENCE-BASED 
SENTENCING ALTERNATIVES 
FOR LOWER-LEVEL OFFEND-
ERS 
SEC. 501. ELIGIBILITY FOR PREJUDGEMENT PROBATION. 
Section 3607(a)(1) of title 18, United States Code, 
is amended by striking ‘‘been convicted of violating a Fed-
eral or State law relating to controlled substances’’ and 
inserting ‘‘been convicted of a felony under the Controlled 
Substances Act, the Controlled Substances Import and 
Export Act, or any other Federal offense deriving its pen-
alties from either such Act’’. 
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SEC. 502. SENTENCE OF PROBATION. 
Subsection (a) of section 3561 of title 18, United 
States Code, is amended to read as follows: 
‘‘(a) IN GENERAL.— 
‘‘(1) PROBATION GENERALLY AVAILABLE.—Ex-
cept as provided in paragraph (2), a defendant who 
has been found guilty of an offense may be sen-
tenced to probation. 
‘‘(2) GENERAL EXCEPTIONS.—A defendant may 
not be sentenced to probation if— 
‘‘(A) the offense is a Class A or Class B 
felony and the defendant is an individual; 
‘‘(B) the offense is an offense for which 
probation has been expressly precluded; or 
‘‘(C) the defendant is sentenced at the 
same time to a term of imprisonment for the 
same or a different offense that is not a petty 
offense. 
‘‘(3) PRESUMPTION OF PROBATION FOR CER-
TAIN OFFENDERS.—The court shall sentence an oth-
erwise eligible defendant to probation, if the defend-
ant is a first-time Federal offender whose place of 
residence allows for Federal probation supervision 
and who did not engage in violent conduct as a part 
of the offense, unless the court, having considered 
the nature and circumstances of the offense and the 
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history and characteristics of the defendant, finds on 
the record that a term of probation would not be ap-
propriate. However, a defendant convicted of a Fed-
eral sex offense, as described in section 111 of the 
Sex Offender Registration and Notification Act, is 
not subject to a presumption of probation under this 
paragraph.’’. 
SEC. 503. DIRECTIVE TO THE SENTENCING COMMISSION 
REGARDING USE OF PROBATION. 
(a) DIRECTIVE TO THE SENTENCING COMMISSION.— 
Pursuant to its authority under section 994(p) of title 28, 
United States Code, and in accordance with this section, 
the United States Sentencing Commission shall review and 
amend its guidelines and its policy statements applicable 
to persons eligible for probation to ensure that the guide-
lines and policy statements are consistent with the amend-
ments made by section 501. 
(b) CONSIDERATIONS.—In carrying out this section, 
the United States Sentencing Commission shall con-
sider— 
(1) the mandate of the United States Sen-
tencing Commission, under section 994(g) of title 
28, United States Code, to formulate the sentencing 
guidelines in such a way as to ‘‘minimize the likeli-
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hood that the Federal prison population will exceed 
the capacity of the Federal prisons’’; 
(2) the fiscal implications of any amendments; 
(3) relevant public safety concerns and the stat-
utory sentencing factors under section 3553 of title 
18; and 
(4) the intent of Congress that prison be re-
served for serious offenders for whom prison is most 
appropriate. 
SEC. 504. ESTABLISHING ACCOUNTABILITY EVIDENCE- 
BASED 
PROBLEM-SOLVING 
COURT 
PRO-
GRAMS. 
(a) IN GENERAL.—Part II of title 18, United States 
Code, is amended by inserting after chapter 207 the fol-
lowing: 
‘‘CHAPTER 207A—PROBLEM-SOLVING 
COURT PROGRAMS 
‘‘Sec. 
‘‘3157. Establishment of problem-solving court programs. 
‘‘3158. Evaluation of problem-solving court programs. 
‘‘3159. Definitions. 
‘‘§ 3157. Establishment of problem-solving court pro-
grams 
‘‘(a) IN GENERAL.—A United States district court 
may establish a problem-solving court program in its dis-
trict. 
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‘‘(b) USE OF RESEARCH-BASED PRINCIPLES AND 
PRACTICES.—The Director of the Administrative Office of 
the United States Courts shall ensure that all Federal 
courts have available to them current information and re-
search relating to best practices for reducing participant 
recidivism through problem-solving court programs. 
‘‘(c) INFORMATION SHARING AMONG COURTS.—The 
United States Sentencing Commission, pursuant to its au-
thority under section 995(a)(12)(A) of title 28 to serve 
as a clearinghouse and information center, shall provide 
a website where United States District Court problem- 
solving court programs may post and share research, doc-
uments, best practices, and other information with each 
other and the public. 
‘‘(d) BEST PRACTICES.—The Director of the Admin-
istrative Office of the United States Courts shall ensure 
all Federal courts adhere to the following best practices: 
‘‘(1) Focus problem-solving court program re-
sources on offenders facing prison terms to ensure 
that a problem-solving court program functions to 
divert that offender from incarceration and ensures 
that the penalty for noncompliance with the program 
does not exceed what would have the original penalty 
or sentence for the offense. 
‘‘(2) Adopt objective admission criteria. 
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‘‘(3) Use the pre-plea rather than the post-plea 
model. 
‘‘(4) Ensure due process protections. 
‘‘(5) Incorporate evidence-based health meas-
ures, not simply abstinence, into substance abuse 
problem-solving court program goals to ensure that 
the underlying health issue is addressed instead of 
merely being punished. 
‘‘(6) Improve overall treatment quality and em-
ploy opioid maintenance treatments for substance 
abuse problem-solving court programs as well as 
other evidence-based therapies. 
‘‘§ 3158. Evaluation of problem-solving court pro-
grams 
‘‘The Judicial Conference shall ensure that each Fed-
eral problem-solving court program, not later than 1 year 
after the date of its commencement of operations, adopts 
a plan to measure its success in reducing recidivism and 
costs. 
‘‘§ 3159. Definitions 
‘‘In this chapter— 
‘‘(1) the term ‘problem-solving court program’ 
means a judge-involved intensive intervention, super-
vision, and accountability process in which a defend-
ant participates, either before conviction, sentencing, 
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or other disposition or upon being sentenced to a 
term of probation or upon release from a sentence 
of incarceration, that may include substance abuse, 
mental health, employment, and veterans’ programs; 
and 
‘‘(2) the term ‘problem-solving court program 
coordinator’ means an existing employee of the 
United States Courts who is responsible for coordi-
nating the establishment, staffing, operation, evalua-
tion, and integrity of the problem-solving court pro-
gram.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters 
for part II of title 18, United States Code, is amended 
by inserting after the item relating to chapter 207 the fol-
lowing new item: 
‘‘207A. Problem-solving court programs .................................. 3157’’. 
TITLE VI—IMPLEMENTING EVI-
DENCE-BASED PRACTICES TO 
REDUCE RECIDIVISM 
Subtitle A—Revision of Statutory 
Sentence Credits 
SEC. 601. DELIVERY AND INCENTIVES TO COMPLETE IN- 
PRISON RECIDIVISM REDUCTION PROGRAM-
MING. 
(a) IN GENERAL.—Section 3621(e) of title 18, 
United States Code, is amended to read as follows: 
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‘‘(e) IN-PRISON PROGRAMMING.— 
‘‘(1) IN-PRISON
PROGRAMMING.—In order to 
carry out the requirement of subsection (b) that 
every prisoner with a substance abuse problem have 
the opportunity to participate in appropriate sub-
stance abuse treatment, and to address the 
criminogenic needs of Federal offenders more gen-
erally, the Director of the Bureau of Prisons shall, 
subject to the availability of appropriations— 
‘‘(A) provide residential substance abuse 
treatment for all eligible offenders, with priority 
for such treatment accorded based on eligible 
prisoners’ proximity to release date; 
‘‘(B) provide cognitive-based therapy for 
all eligible offenders; 
‘‘(C) 
provide 
workforce 
development 
through participation in the Federal Prison In-
dustries; and 
‘‘(D) provide vocational and occupational 
training. 
‘‘(2) INCENTIVES FOR PRISONER’S SUCCESSFUL 
COMPLETION OF PROGRAMMING.— 
‘‘(A) Any prisoner who in the judgment of 
the Director of the Bureau of Prisons has suc-
cessfully completed a program of residential 
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