currently with any term of imprisonment im-
posed on the person under any other provision 
of law. 
‘‘(9) In the case of a violation of subsection (a), 
if the mixture or substance containing a detectable 
amount 
of 
N-phenyl-N-[ 
1-(2-phenylethyl) 
-4- 
piperidinyl] propanamide or any analogue of N- 
phenyl-N-[ 
1-(2-phenylethyl) 
-4-piperidinyl] 
propanamide was represented to be or sold as her-
oin, then a court shall— 
‘‘(A) not impose a term of probation; 
‘‘(B) in addition to the term of punishment 
for the violation of this section, impose a term 
of imprisonment not to exceed 5 years; and 
‘‘(C) no term of imprisonment imposed on 
a person under subparagraph (B) shall run con-
currently with any term of imprisonment im-
posed on the person under any other provision 
of law.’’. 
(c) APPLICABILITY TO PENDING AND PAST CASES.— 
(1) PENDING
CASES.—This section, and the 
amendments made by this section, shall apply to any 
offense that was committed before the date of enact-
ment of this Act, if a sentence for the offense has 
not been imposed as of such date of enactment. 
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(2) PAST CASES.— 
(A) GENERAL RULE.—In the case of a de-
fendant (other than a defendant with a prior 
conviction for a qualifying serious violent fel-
ony) who, before the date of enactment of this 
Act, was convicted of an offense for which the 
penalty is amended by this section and who was 
sentenced to a term of imprisonment for the of-
fense, the sentencing court may, on motion of 
the defendant or the Director of the Bureau of 
Prisons, or on its own motion, upon prior notice 
to the Government, reduce the term of impris-
onment for the offense, after considering the 
factors set forth in section 3553(a) of title 18, 
United States Code, the nature and seriousness 
of the danger to any person or the community, 
and the post-sentencing conduct of the defend-
ant, if such a reduction is consistent with this 
section and the amendments made by this sec-
tion. 
(B) DEFINITION.—In this paragraph the 
term ‘‘qualifying serious violent felony’’ means 
an offense that— 
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(i) is a serious violent felony as that 
term is defined in section 102(58) of the 
Controlled Substances Act; and 
(ii) the conviction carries 3 or more 
criminal history points as determined 
under the United States Sentencing Guide-
lines. 
SEC. 3. BROADENING OF EXISTING SAFETY VALVE. 
(a) AMENDMENTS.—Section 3553 of title 18, United 
States Code, is amended— 
(1) in subsection (f), by striking paragraph (1) 
and inserting the following: 
‘‘(1) the defendant does not have— 
‘‘(A) more than 4 criminal history points 
as determined under the sentencing guidelines; 
‘‘(B) a prior 3-point offense, as determined 
under the sentencing guidelines; and 
‘‘(C) a prior 2-point drug trafficking or 
violent offense, as determined under the sen-
tencing guidelines;’’; and 
(2) by adding at the end the following: 
‘‘(g) INADEQUACY OF CRIMINAL HISTORY.— 
‘‘(1) IN GENERAL.—If subsection (f) does not 
apply to a defendant because the defendant does not 
meet the requirements described in subsection (f)(1) 
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(relating to criminal history), the court may, upon 
prior notice to the Government, waive subsection 
(f)(1) if the court specifies in writing the specific 
reasons why reliable information indicates that ex-
cluding the defendant pursuant to subsection (f)(1) 
substantially overrepresents the seriousness of the 
defendant’s criminal history or the likelihood that 
the defendant will commit other crimes. 
‘‘(2) PROHIBITION.—This subsection shall not 
apply to any defendant who has been convicted of a 
serious drug felony or a serious violent felony as de-
fined in paragraphs (57) and (58), respectively, of 
section 102 of the Controlled Substances Act (21 
U.S.C. 802). 
‘‘(h) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘drug trafficking offense’ means 
an offense that is punishable by imprisonment under 
any law of the United States, or of a State or for-
eign country, that prohibits or restricts the importa-
tion, manufacture, or distribution of controlled sub-
stances or the possession of controlled substances 
with intent to distribute; and 
‘‘(2) the term ‘violent offense’ means a ‘crime 
of violence’, as defined in section 16, that is punish-
able by imprisonment.’’. 
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(b) APPLICABILITY.—The amendments made by this 
section shall apply only to a conviction entered on or after 
the date of enactment of this Act. 
SEC. 4. LIMITATION ON APPLICATION OF THE 10-YEAR 
MANDATORY MINIMUM. 
(a) AMENDMENT.—Section 3553 of title 18, United 
States Code, as amended by section 3, is amended by add-
ing at the end the following: 
‘‘(i) LIMITATION
ON APPLICABILITY
OF CERTAIN 
STATUTORY MINIMUMS.—Notwithstanding any other pro-
vision of law, in the case of a conviction under section 401 
or 406 of the Controlled Substances Act (21 U.S.C. 841 
and 846) or section 1010 or 1013 of the Controlled Sub-
stances Import and Export Act (21 U.S.C. 960 and 963) 
for which the statutory minimum term of imprisonment 
is 10 years, the court may impose a sentence as if the 
statutory minimum term of imprisonment was 5 years, if 
the court finds at sentencing, after the Government has 
been afforded the opportunity to make a recommendation, 
that— 
‘‘(1) the defendant does not have a prior convic-
tion for a serious drug felony or serious violent fel-
ony as defined in paragraphs (57) and (58), respec-
tively, of section 102 of the Controlled Substances 
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