IB
Union Calendar No. 253
103D CONGRESS
2D SESSION
H. R. 3979
[Report No. 103–460]
To amend title 18, United States Code, with respect to certain mandatory
minimum sentences.
IN THE HOUSE OF REPRESENTATIVES
MARCH 8, 1994
Mr. SCHUMER (for himself and Mr. HYDE) introduced the following bill; which
was referred to the Committee on the Judiciary
MARCH 24, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 8, 1994]
A BILL
To amend title 18, United States Code, with respect to
certain mandatory minimum sentences.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Mandatory Minimum
Sentencing Reform Act of 1994’’.
SEC. 2. LIMITATION ON APPLICABILITY OF MANDATORY
MINIMUM PENALTIES IN CERTAIN CASES.
(a) IN GENERAL.—Section 3553 of title 18, United
States Code, is amended by adding at the end the following:
‘‘(f) LIMITATION ON APPLICABILITY OF STATUTORY
MINIMUMS
IN
CERTAIN
CASES.—Notwithstanding any
other provision of law, in the case of an offense under sec-
tion 401, 404, or 406 of the Controlled Substances Act or
section 1010 or 1013 of the Controlled Substances Import
and Export Act, the court shall impose a sentence pursuant
to guidelines established by the United States Sentencing
Commission, without regard to any statutory minimum
sentence, if the court finds at sentencing that—
‘‘(1) the defendant does not have more than 1
criminal history point under the United States Sen-
tencing Commission Guidelines Manual;
‘‘(2) the defendant did not use violence or credi-
ble threats of violence or possess a firearm or other
dangerous weapon (or induce another participant do
so) in connection with the offense;
‘‘(3) the offense did not result in death or serious
bodily injury to any person;
‘‘(4) the defendant was a not an organizer, lead-
er, manager, or supervisor of others (as determined
under the United States Sentencing Commission
Guidelines Manual) in the offense; and
‘‘(5) no later than the time of the sentencing
hearing, the defendant has provided to the Govern-
ment all information the defendant has concerning
the offense or offenses that were part of the same
course of conduct or of a common scheme or plan. The
fact that the defendant has no relevant or useful other
information to provide shall not preclude or require
a determination by the court that the defendant has
complied with this requirement.’’.
(b) SENTENCING COMMISSION AUTHORITY.—
(1) IN GENERAL.—The United States Sentencing
Commission (hereinafter in this section referred to as
the ‘‘Commission’’) may—
(A) make such amendments as the Commis-
sion deems necessary to harmonize the sentencing
guidelines and policy statements with this sec-
tion and the amendment made by this section;
and
(B) promulgate policy statements to assist
in the application of this section and that
amendment.
(2) PROCEDURES.—If the Commission deter-
mines it is necessary to do so in order that the
amendments made under paragraph (1) may take ef-
fect on the effective date of the amendment made by
subsection (a), the Commission may promulgate the
amendments made under paragraph (1) in accord-
ance with the procedures set forth in section 21(a) of
the Sentencing Act of 1987, as though the authority
under that section had not expired.
(c) EFFECTIVE DATE AND APPLICATION.—The amend-
ment made by subsection (a) shall apply to all sentences
imposed on or after the 10th day beginning after the date
of the enactment of this Act.
SEC. 3. DIRECTION TO SENTENCING COMMISSION.
The United States Sentencing Commission shall pro-
mulgate sentencing guidelines or amend existing sentencing
guidelines with respect to cases where statutory minimum
sentences would apply but for section 3553(f) of title 18,
United States Code, to carry out the purposes of such sec-
tion, so that the lowest sentence in the guideline range is
not less than 2 years in those cases where a 5-year mini-
mum would otherwise apply.
SEC. 4. SPECIAL RULE.
For the purpose of section 3582(c)(2) of title 18, Unit-
ed States Code, with respect to a prisoner the court deter-
mines has demonstrated good behavior while in prison, the
changes in sentencing made as a result of this Act shall
be deemed to be changes in the sentencing ranges by the
Sentencing Commission pursuant to section 994(o) of title
28, United States Code.