II 
Calendar No. 315 
117TH CONGRESS 
2D SESSION 
H. R. 1621 
IN THE SENATE OF THE UNITED STATES 
MARCH 29, 2022 
Received; read twice and placed on the calendar 
AN ACT 
To amend section 3661 of title 18, United States Code, 
to prohibit the consideration of acquitted conduct at sen-
tencing. 
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 ‘‘Prohibiting Punish-
ment of Acquitted Conduct Act of 2021’’. 
SEC. 2. ACQUITTED CONDUCT AT SENTENCING. 
(a) USE OF INFORMATION FOR SENTENCING.— 
(1) AMENDMENT.—Section 3661 of title 18, 
United States Code, is amended by inserting ‘‘, ex-
cept that a court of the United States shall not con-
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sider, except for purposes of mitigating a sentence, 
acquitted conduct under this section’’ before the pe-
riod at the end. 
(2) APPLICABILITY.—The amendment made by 
paragraph (1) shall apply only to a judgment en-
tered on or after the date of enactment of this Act. 
(b) DEFINITIONS.—Section 3673 of title 18, United 
States Code, is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘As’’ and inserting the following: 
‘‘(a) As’’; and 
(2) by adding at the end the following: 
‘‘(b) As used in this chapter, the term ‘acquitted con-
duct’ means— 
‘‘(1) an act— 
‘‘(A) for which a person was criminally 
charged and with regard to which— 
‘‘(i) that person was adjudicated not 
guilty after trial in a Federal, State, or 
Tribal court; or 
‘‘(ii) any favorable disposition to the 
person in any prior charge was made, re-
gardless of whether the disposition was 
pretrial, at trial, or post trial; or 
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‘‘(B) in the case of a juvenile, that was 
charged and for which the juvenile was found 
not responsible after a juvenile adjudication 
hearing; or 
‘‘(2) any act underlying a criminal charge or ju-
venile information dismissed— 
‘‘(A) in a Federal court upon a motion for 
acquittal under rule 29 of the Federal Rules of 
Criminal Procedure; or 
‘‘(B) in a State or Tribal court upon a mo-
tion for acquittal or an analogous motion under 
the applicable State or Tribal rule of criminal 
procedure.’’. 
SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, pro-
vided that such statement has been submitted prior to the 
vote on passage. 
Passed the House of Representatives March 28, 
2022. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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Calendar No. 315 
117TH CONGRESS 
2D SESSION 
H. R. 1621 
AN ACT 
To amend section 3661 of title 18, United States 
Code, to prohibit the consideration of acquitted 
conduct at sentencing. 
MARCH 29, 2022 
Received; read twice and placed on the calendar 
VerDate Sep 11 2014 
02:16 Mar 30, 2022
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PO 00000
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