IB 
Union Calendar No. 698 
114TH CONGRESS 
2D SESSION 
H. R. 3713 
[Report No. 114–888, Part I] 
To reform sentencing laws, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 8, 2015 
Mr. GOODLATTE (for himself, Mr. CONYERS, Ms. JACKSON LEE, Mr. LAB-
RADOR, Mr. BISHOP of Michigan, Ms. JUDY CHU of California, Mr. 
CHABOT, Mr. NADLER, Mr. CHAFFETZ, Mr. COHEN, Mr. COLLINS of 
Georgia, Mr. DEUTCH, Mrs. MIMI
WALTERS
of California, Ms. 
DELBENE, Mr. TROTT, Mr. CICILLINE, Mr. ROONEY of Florida, and Mr. 
PIERLUISI) introduced the following bill; which was referred to the Com-
mittee 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 juris-
diction of the committee concerned 
DECEMBER 23, 2016 
Additional sponsors: Mr. GUTIE´RREZ, Ms. BASS, Mr. PETERS, Mr. YOUNG of 
Iowa, Mr. ELLISON, Ms. BROWN of Florida, Mr. MCNERNEY, Mr. RUSH, 
Mr. AL GREEN of Texas, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. 
CLAY, Mr. DANNY K. DAVIS of Illinois, Ms. WILSON of Florida, Ms. 
GABBARD, Mr. HANNA, Mr. OLSON, Ms. JENKINS of Kansas, Mr. 
WELCH, Ms. SCHAKOWSKY, Mr. CURBELO of Florida, Mrs. LAWRENCE, 
Ms. LEE, Ms. VELA´ZQUEZ, Mrs. BEATTY, Mr. O’ROURKE, Mr. PAYNE, 
Mr. TAKANO, Mr. HIGGINS, Mr. KLINE, Mr. EMMER of Minnesota, Mr. 
GENE GREEN of Texas, Mr. TAKAI, Ms. KAPTUR, Mr. MCGOVERN, Mr. 
GARRETT, Mr. VARGAS, Mr. KILDEE, Ms. FUDGE, Mr. POLIS, Mr. 
QUIGLEY, Ms. ROS-LEHTINEN, Mr. RYAN of Ohio, Mr. HONDA, Mr. 
LEWIS, Ms. SLAUGHTER, Mr. SERRANO, Mr. LOEBSACK, Mr. BRADY of 
Pennsylvania, Mr. SEAN PATRICK MALONEY of New York, Mr. LEVIN, 
Mr. DAVID SCOTT of Georgia, Mr. FOSTER, Mrs. NAPOLITANO, Mr. LAR-
SEN of Washington, Mr. BLUM, Mr. MCDERMOTT, Mrs. LOVE, Mr. DOG-
GETT, Mr. TED LIEU of California, Mrs. DAVIS of California, Ms. PIN-
GREE, and Mr. SHERMAN 
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DECEMBER 23, 2016 
Reported from the Committee on the Judiciary with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
DECEMBER 23, 2016 
The Committee on Energy and Commerce discharged; committed to the Com-
mittee of the Whole House on the State of the Union and ordered to be 
printed 
[For text of introduced bill, see copy of bill as introduced on October 8, 2015] 
A BILL 
To reform sentencing laws, and for other purposes. 
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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 ‘‘Sentencing Reform Act 
of 2015’’. 
SEC. 2. REDUCE AND RESTRICT ENHANCED SENTENCING 
FOR PRIOR DRUG FELONIES. 
(a) CONTROLLED SUBSTANCES ACT AMENDMENTS.— 
The Controlled Substances Act (21 U.S.C. 801 et seq.) is 
amended— 
(1) in section 102 (21 U.S.C. 802), by adding at 
the end the following: 
‘‘(57) The term ‘serious drug felony’ means an offense 
described in section 924(e)(2)(A) of title 18, United States 
Code, for which the offender served a term of imprisonment 
of more than 12 months. 
‘‘(58) The term ‘serious violent felony’ means an of-
fense— 
‘‘(A) described in section 3559(c)(2)(F) of title 
18, United States Code, for which the offender served 
a term of imprisonment of more than 12 months; or 
‘‘(B) that would be a felony violation of section 
113 of title 18, United States Code, if the offense were 
committed in the special maritime and territorial ju-
risdiction of the United States, for which the offender 
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served a term of imprisonment of more than 12 
months.’’; 
(2) in section 401(b)(1) (21 U.S.C. 841(b)(1))— 
(A) in subparagraph (A), in the flush text 
following clause (viii)— 
(i) by striking ‘‘If any person commits 
such a violation after a prior conviction for 
a felony drug offense has become final, such 
person shall be sentenced to a term of im-
prisonment which may not be less than 20 
years’’ and inserting the following: ‘‘If any 
person commits such a violation after a 
prior conviction for a serious drug felony or 
serious violent felony has become final, such 
person shall be sentenced to a term of im-
prisonment of not less than 15 years’’; and 
(ii) by striking ‘‘after two or more 
prior convictions for a felony drug offense 
have become final, such person shall be sen-
tenced to a mandatory term of life impris-
onment without release’’ and inserting the 
following: ‘‘after 2 or more prior convictions 
for a serious drug felony or serious violent 
felony have become final, such person shall 
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be sentenced to a term of imprisonment of 
not less than 25 years’’; and 
(B) in subparagraph (B), in the flush text 
following clause (viii), by striking ‘‘If any per-
son commits such a violation after a prior con-
viction for a felony drug offense has become 
final’’ and inserting the following: ‘‘If any per-
son commits such a violation after a prior con-
viction for a serious drug felony or serious vio-
lent felony has become final’’; and 
(3) by adding at the end of section 401(b) (21 
U.S.C. 841(b)) the following: 
‘‘(8) In the case of a violation of subsection (a), if the 
mixture or substance containing a detectable amount of her-
oin also contains a detectable amount of N-phenyl-N-[ 1- 
(2-phenylethyl) -4-piperidinyl] propanamide or any ana-
logue of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] 
propanamide, then a court shall, in addition to the term 
of punishment for the violation of this section, impose a 
term of imprisonment not to exceed 5 years, which shall 
not run concurrently 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 
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or any analogue of N-phenyl-N-[ 1-(2-phenylethyl) -4- 
piperidinyl] propanamide was represented to be or sold as 
heroin, then a court shall , in addition to the term of pun-
ishment for the violation of this section, impose a term of 
imprisonment not to exceed 5 years, which shall not run 
concurrently with any term of imprisonment imposed on 
the person under any other provision of law.’’. 
(b) CONTROLLED SUBSTANCES IMPORT AND EXPORT 
ACT AMENDMENTS.—Section 1010(b) of the Controlled Sub-
stances Import and Export Act (21 U.S.C. 960(b)) is 
amended— 
(1) in paragraph (1), in the flush text following 
subparagraph (H), by striking ‘‘If any person com-
mits such a violation after a prior conviction for a 
felony drug offense has become final, such person shall 
be sentenced to a term of imprisonment of not less 
than 20 years’’ and inserting ‘‘If any person commits 
such a violation after a prior conviction for a serious 
drug felony or serious violent felony has become final, 
such person shall be sentenced to a term of imprison-
ment of not less than 15 years’’; 
(2) in paragraph (2), in the flush text following 
subparagraph (H), by striking ‘‘felony drug offense’’ 
and inserting ‘‘serious drug felony or serious violent 
felony’’; and 
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(3) by adding at the end the following: 
‘‘(8) In the case of a violation of subsection (a), if the 
mixture or substance containing a detectable amount of her-
oin also contains a detectable amount of N-phenyl-N-[ 1- 
(2-phenylethyl) -4-piperidinyl] propanamide or any ana-
logue of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] 
propanamide, 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 impris-
onment not to exceed 5 years; and 
‘‘(C) no term of imprisonment imposed on a per-
son under subparagraph (B) shall run concurrently 
with any term of imprisonment imposed on the per-
son 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 
heroin, 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 impris-
onment not to exceed 5 years; and 
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any person or the community, and the post-sen-
tencing conduct of the defendant, if such a reduc-
tion is consistent with this section and the 
amendments made by this section. 
(B) DEFINITION.—In this paragraph the 
term ‘‘qualifying serious violent felony’’ means 
an offense that— 
(i) is a serious violent felony as that 
term is defined in section 102(58) of the 
Controlled Substances Act; and 
(ii) carries 3 or more criminal history 
points as determined under the United 
States Sentencing Guidelines. 
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; or 
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‘‘(C) a prior 2-point drug trafficking or vio-
lent offense, as determined under the sentencing 
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) 
(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 rea-
sons why reliable information indicates that exclud-
ing the defendant pursuant to subsection (f)(1) sub-
stantially overrepresents the seriousness of the defend-
ant’s criminal history or the likelihood that the de-
fendant 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 
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law of the United States, or of a State or foreign 
country, that prohibits or restricts the importation, 
manufacture, or distribution of controlled substances 
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 punishable 
by imprisonment.’’. 
(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 MAN-
DATORY MINIMUM. 
(a) AMENDMENT.—Section 3553 of title 18, United 
States Code, as amended by section 3, is further amended 
by adding at the end the following: 
‘‘(i) LIMITATION
ON
APPLICABILITY
OF
CERTAIN 
STATUTORY MINIMUMS.—Notwithstanding any other provi-
sion 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 Substances 
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 min-
imum term of imprisonment was 5 years, if the court finds 
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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 felony 
as defined in paragraphs (57) and (58), respectively, 
of section 102 of the Controlled Substances Act (21 
U.S.C. 802) that was made final prior to the commis-
sion of the instant offense; 
‘‘(2) the defendant did not use violence or cred-
ible threats of violence or possess a firearm or other 
dangerous weapon (or induce another participant to 
do so) in connection with the offense, and the offense 
did not result in death or serious bodily injury to any 
person; 
‘‘(3) the defendant did not play an enhanced role 
in the offense by acting as an organizer, leader, man-
ager, or supervisor of other participants in the of-
fense, as determined under the sentencing guidelines, 
or by exercising substantial authority or control over 
the criminal activity of a criminal organization, re-
gardless of whether the defendant was a member of 
such organization; 
‘‘(4) the defendant did not act as an importer, 
exporter, high-level distributor or supplier, wholesaler, 
or manufacturer of the controlled substances involved 
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in the offense or engage in a continuing criminal en-
terprise, as defined in section 408 of the Controlled 
Substances Act (21 U.S.C. 848); 
‘‘(5) the defendant did not distribute a controlled 
substance to or with a person under 18 years of age; 
and 
‘‘(6) not later than the time of the sentencing 
hearing, the defendant has truthfully provided to the 
Government all information and evidence the defend-
ant has concerning the offense or offenses that were 
part of the same course of conduct or of a common 
scheme or plan, but the fact that the defendant has no 
relevant or useful other information to provide or that 
the Government is already aware of the information 
shall not preclude a determination by the court that 
the defendant has complied with this requirement. 
‘‘(j) DEFINITIONS.—As used in subsection (i) of this 
section— 
‘‘(1) the term ‘importer, exporter, or high-level 
distributor or supplier’— 
‘‘(A) means a defendant who imported, ex-
ported, or otherwise distributed or supplied large 
quantities of a controlled substance to other drug 
distributors; and 
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‘‘(B) does not include a defendant whose 
role was limited to transporting drugs or money 
at the direction of others; 
‘‘(2) the term ‘manufacturer’ means a defendant 
who grew, produced, or manufactured a controlled 
substance and was the principal owner of such con-
trolled substance; and 
‘‘(3) the term ‘wholesaler’ means a defendant 
who sold non-retail quantities of a controlled sub-
stance to other dealers or distributors.’’. 
(b) APPLICABILITY.—The amendment made by this 
section shall apply only to a conviction entered on or after 
the date of enactment of this Act. 
SEC. 5. CLARIFICATION OF SECTION 924(c) OF TITLE 18, 
UNITED STATES CODE. 
(a) IN GENERAL.—Section 924(c)(1)(C) of title 18, 
United States Code, is amended— 
(1) in the matter preceding clause (i), by strik-
ing ‘‘second or subsequent conviction under this sub-
section’’ and inserting ‘‘violation of this subsection 
that occurs after a prior conviction under this sub-
section or under State law for a crime of violence that 
contains as an element of the offense the carrying, 
brandishing, or use of a firearm has become final’’; 
and 
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(2) in clause (i), by striking ‘‘not less than 25 
years’’ and inserting ‘‘not less than 15 years’’. 
(b) 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. 
(2) CERTAIN PAST CASES.— 
(A) GENERAL RULE.—Except as provided 
in subparagraph (B), in the case of a defendant 
who, before the date of enactment of this Act, was 
convicted of an offense for which the penalty is 
amended by this section and was sentenced to a 
term of imprisonment for the offense, the sen-
tencing 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 Govern-
ment, reduce the term of imprisonment 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-sen-
tencing conduct of the defendant, if such a reduc-
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tion is consistent with this section and the 
amendments made by this section. 
(B) EXCEPTION.—Subparagraph (A) does 
not apply in the case of an offense affected by the 
amendment made in subsection (a)(2) with re-
gard to a defendant who has a prior conviction 
for a serious violent felony, as defined in section 
102(58) of the Controlled Substances Act. 
SEC. 6. AMENDMENT TO CERTAIN PENALTIES FOR CERTAIN 
FIREARM OFFENSES AND ARMED CAREER 
CRIMINAL PROVISION. 
(a) AMENDMENTS.—Section 924 of title 18, United 
States Code, is amended— 
(1) in subsection (a)(2), by striking ‘‘not more 
than 10 years’’ and inserting ‘‘not more than 15 
years’’; and 
(2) in subsection (e)(1), by striking ‘‘not less 
than fifteen years’’ and inserting ‘‘not less than 10 
years’’. 
(b) 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.—In the case of a defendant 
(other than a defendant with a prior conviction for 
a serious violent felony, as defined in section 102(58) 
of the Controlled Substances Act) who, before the date 
of enactment of this Act, was convicted of an offense 
for which the penalty is amended by this section and 
was sentenced to a term of imprisonment for the of-
fense, the sentencing court may, on motion of the de-
fendant or the Director of the Bureau of Prisons, or 
on its own motion, upon prior notice to the Govern-
ment, reduce the term of imprisonment 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 de-
fendant, if such a reduction is consistent with this 
section and the amendments made by this section. 
SEC. 7. APPLICATION OF FAIR SENTENCING ACT. 
(a) DEFINITION OF COVERED OFFENSE.—In this sec-
tion, the term ‘‘covered offense’’ means a violation of a Fed-
eral criminal statute, the statutory penalties for which were 
modified by section 2 or 3 of the Fair Sentencing Act of 
2010 (Public Law 111–220; 124 Stat. 2372), that was com-
mitted before August 3, 2010. 
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(b) DEFENDANTS PREVIOUSLY SENTENCED.—A court 
that imposed a sentence for a covered offense, may, on mo-
tion of the defendant, the Director of the Bureau of Prisons, 
the attorney for the Government, or the court, impose a re-
duced sentence as if sections 2 and 3 of the Fair Sentencing 
Act of 2010 (Public Law 111–220; 124 Stat. 2372) were 
in effect at the time the covered offense was committed. 
(c) LIMITATIONS.—No court shall entertain a motion 
made under this section to reduce a sentence if the sentence 
was imposed or reduced to a sentence greater than the ap-
plicable mandatory minimum in accordance with the 
amendments made by sections 2 and 3 of the Fair Sen-
tencing Act of 2010 (Public Law 111–220; 124 Stat. 2372), 
or if a motion made pursuant to section 2 or 3 of the Fair 
Sentencing Act or under this section was denied by a court 
because a reduction in the defendant’s term of imprison-
ment would pose a danger to any person or the community 
or was denied by a court because of the defendant’s post- 
sentencing conduct. Nothing in this section shall require a 
court to reduce any sentence pursuant to this section. 
SEC. 8. REPORT ON MANDATORY MINIMUM SENTENCING 
PROVISIONS. 
(a) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Attorney General, in consultation 
with the United States Sentencing Commission, shall sub-
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mit to the Committee on the Judiciary of the Senate and 
the Committee on the Judiciary of the House of Representa-
tives a report on mandatory minimum sentencing provi-
sions under Federal law. 
(b) CONTENTS
OF REPORT.—The report submitted 
under subsection (a) shall include— 
(1) a compilation of all mandatory minimum 
sentencing provisions under Federal law; 
(2) an assessment of the effect of mandatory 
minimum sentencing provisions under Federal law on 
the goal of eliminating unwarranted sentencing dis-
parity and other goals of sentencing; 
(3) an assessment of the impact of mandatory 
minimum sentencing provisions on the Federal prison 
population; 
(4) an assessment of the compatibility of manda-
tory minimum sentencing provisions under Federal 
law and the sentencing guidelines system established 
under the Sentencing Reform Act of 1984 (Public 
Law 98-473; 98 Stat. 1987) and the sentencing guide-
lines system in place after Booker v. United States, 
543 U.S. 220 (2005); 
(5) a description of the interaction between man-
datory minimum sentencing provisions under Federal 
law and plea agreements; and 
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(6) any other information that the Attorney Gen-
eral, in consultation with the United States Sen-
tencing Commission, determines would contribute to a 
thorough assessment of mandatory minimum sen-
tencing provisions under Federal law. 
SEC. 9. SENSE OF CONGRESS. 
It is the sense of Congress that reform of the criminal 
justice system, in order to make it more effective, safe, hu-
mane, fiscally sustainable, and fair to victims, law enforce-
ment, offenders, and the general public, requires the integra-
tion of a mental health component as part of a comprehen-
sive reform strategy. This reform strategy should strive to 
identify those most in need of mental health services and 
employ best practices to provide emergency and crisis serv-
ices, specialized law enforcement response training, court 
hearings for alternative dispositions, and appropriate com-
munity supervision support services. 
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Union Calendar No. 698 
114TH CONGRESS 
2D SESSION 
H. R. 3713 
[Report No. 114–888, Part I] 
A BILL 
To reform sentencing laws, and for other purposes. 
DECEMBER 23, 2016 
Reported from the Committee on the Judiciary with an 
amendment 
DECEMBER 23, 2016 
The Committee on Energy and Commerce discharged; 
committed to the Committee of the Whole House on 
the State of the Union and ordered to be printed 
VerDate Sep 11 2014 
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