I

114TH CONGRESS
1ST SESSION

H. R. 3713

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. LABRADOR, 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 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 reform sentencing laws, and for other purposes.
1

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

3

SECTION 1. SHORT TITLE.

This Act may be cited as the Sentencing Reform Act

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5 of 2015.

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SEC. 2. REDUCE AND RESTRICT ENHANCED SENTENCING

FOR PRIOR DRUG FELONIES.

3
4

(a)

CONTROLLED

MENTS.The

SUBSTANCES

ACT

AMEND-

Controlled Substances Act (21 U.S.C. 801

5 et seq.) is amended
6
7

(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,

10

United States Code, for which the offender served a

11

term of imprisonment of more than 12 months.

12

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13

(58) The term serious violent felony means

an offense

14

(A) described in section 3559(c)(2)(F) of

15

title 18, United States Code, for which the of-

16

fender served a term of imprisonment of more

17

than 12 months; or

18

(B) that would be a felony violation of

19

section 113 of title 18, United States Code, if

20

the offense were committed in the special mari-

21

time and territorial jurisdiction of the United

22

States, for which the offender served a term of

23

imprisonment of more than 12 months.;

24

(2)

25

841(b)(1))

in

section

401(b)(1)

(21

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U.S.C.

3
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(A) in subparagraph (A), in the flush text

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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

imprisonment which may not be less than

20 years and inserting the following: If

any person commits such a violation after

10

a prior conviction for a serious drug felony

11

or serious violent felony has become final,

12

such person shall be sentenced to a term of

13

imprisonment of not less than 15 years;

14

and

15

(ii) by striking after two or more

16

prior convictions for a felony drug offense

17

have become final, such person shall be

18

sentenced to a mandatory term of life im-

19

prisonment without release and inserting

20

the following: after 2 or more prior con-

21

victions for a serious drug felony or serious

22

violent felony have become final, such per-

23

son shall be sentenced to a term of impris-

24

onment of not less than 25 years; and

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(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

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10

U.S.C. 841(b)) the following:

11

(8) In the case of a violation of subsection (a),

12

if the mixture or substance containing a detectable

13

amount of heroin also contains a detectable amount

14

of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl]

15

propanamide or any analogue of N-phenyl-N-[ 1-(2-

16

phenylethyl) -4-piperidinyl] propanamide, then a

17

court shall

18

(A) not impose a term of probation;

19

(B) in addition to the term of punishment

20

for the violation of this section, impose a term

21

of imprisonment not to exceed 5 years; and

22

(C) no term of imprisonment imposed on

23

a person under subparagraph (B) shall run con-

24

currently with any term of imprisonment im-

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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

piperidinyl] propanamide or any analogue of N-

phenyl-N-[

propanamide was represented to be or sold as her-

oin, then a court shall

of

N-phenyl-N-[

1-(2-phenylethyl)

1-(2-phenylethyl)

-4-

-4-piperidinyl]

10

(A) not impose a term of probation;

11

(B) in addition to the term of punishment

12

for the violation of this section, impose a term

13

of imprisonment not to exceed 5 years; and

14

(C) no term of imprisonment imposed on

15

a person under subparagraph (B) shall run con-

16

currently with any term of imprisonment im-

17

posed on the person under any other provision

18

of law..

19

(b) CONTROLLED SUBSTANCES IMPORT AND EXPORT

20 ACT AMENDMENTS.Section 1010(b) of the Controlled

21 Substances Import and Export Act (21 U.S.C. 960(b)) is

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22 amended
23

(1) in paragraph (1), in the flush text following

24

subparagraph (H), by striking If any person com-

25

mits such a violation after a prior conviction for a

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6
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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 imprisonment of not less than 15 years;

(2) in paragraph (2), in the flush text following

subparagraph (H), by striking felony drug offense

10

and inserting serious drug felony or serious violent

11

felony; and

12

(3) by adding at the end the following:

13

(8) In the case of a violation of subsection (a),

14

if the mixture or substance containing a detectable

15

amount of heroin also contains a detectable amount

16

of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl]

17

propanamide or any analogue of N-phenyl-N-[ 1-(2-

18

phenylethyl) -4-piperidinyl] propanamide, then a

19

court shall

20

(A) not impose a term of probation;

21

(B) in addition to the term of punishment

22

for the violation of this section, impose a term

23

of imprisonment not to exceed 5 years; and

24

(C) no term of imprisonment imposed on

25

a person under subparagraph (B) shall run con-

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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

piperidinyl] propanamide or any analogue of N-

phenyl-N-[

propanamide was represented to be or sold as her-

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10

of

N-phenyl-N-[

1-(2-phenylethyl)

1-(2-phenylethyl)

-4-piperidinyl]

oin, then a court shall

11

(A) not impose a term of probation;

12

(B) in addition to the term of punishment

13

for the violation of this section, impose a term

14

of imprisonment not to exceed 5 years; and

15

(C) no term of imprisonment imposed on

16

a person under subparagraph (B) shall run con-

17

currently with any term of imprisonment im-

18

posed on the person under any other provision

19

of law..

20

(c) APPLICABILITY

21

(1) PENDING

TO

PENDING

AND

CASES.This

PAST CASES.

section, and the

22

amendments made by this section, shall apply to any

23

offense that was committed before the date of enact-

24

ment of this Act, if a sentence for the offense has

25

not been imposed as of such date of enactment.

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1

(2) PAST

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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

10

the defendant or the Director of the Bureau of

11

Prisons, or on its own motion, upon prior notice

12

to the Government, reduce the term of impris-

13

onment for the offense, after considering the

14

factors set forth in section 3553(a) of title 18,

15

United States Code, the nature and seriousness

16

of the danger to any person or the community,

17

and the post-sentencing conduct of the defend-

18

ant, if such a reduction is consistent with this

19

section and the amendments made by this sec-

20

tion.

21

(B) DEFINITION.In this paragraph the

22

term qualifying serious violent felony means

23

an offense that

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1

(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

10 States Code, is amended

11
12

(1) in subsection (f), by striking paragraph (1)

and inserting the following:

13

(1) the defendant does not have

14

(A) more than 4 criminal history points

15

as determined under the sentencing guidelines;

16

(B) a prior 3-point offense, as determined

17

under the sentencing guidelines; and

18

(C) a prior 2-point drug trafficking or

19

violent offense, as determined under the sen-

20

tencing guidelines;; and

21

(2) by adding at the end the following:

22

(g) INADEQUACY OF CRIMINAL HISTORY.

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23

(1) IN

GENERAL.If

subsection (f) does not

24

apply to a defendant because the defendant does not

25

meet the requirements described in subsection (f)(1)

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10
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

reasons why reliable information indicates that ex-

cluding the defendant pursuant to subsection (f)(1)

substantially overrepresents the seriousness of the

defendants criminal history or the likelihood that

the defendant will commit other crimes.

(2) PROHIBITION.This subsection shall not

10

apply to any defendant who has been convicted of a

11

serious drug felony or a serious violent felony as de-

12

fined in paragraphs (57) and (58), respectively, of

13

section 102 of the Controlled Substances Act (21

14

U.S.C. 802).

15

(h) DEFINITIONS.As used in this section

16

(1) the term drug trafficking offense means

17

an offense that is punishable by imprisonment under

18

any law of the United States, or of a State or for-

19

eign country, that prohibits or restricts the importa-

20

tion, manufacture, or distribution of controlled sub-

21

stances or the possession of controlled substances

22

with intent to distribute; and

23

(2) the term violent offense means a crime

24

of violence, as defined in section 16, that is punish-

25

able by imprisonment..

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1

(b) APPLICABILITY.The amendments made by this

2 section shall apply only to a conviction entered on or after

3 the date of enactment of this Act.
4

SEC. 4. LIMITATION ON APPLICATION OF THE 10-YEAR

5
6

MANDATORY MINIMUM.

(a) AMENDMENT.Section 3553 of title 18, United

7 States Code, as amended by section 3, is amended by add8 ing at the end the following:
9

(i) LIMITATION

ON

APPLICABILITY

OF

CERTAIN

10 STATUTORY MINIMUMS.Notwithstanding any other pro11 vision of law, in the case of a conviction under section 401
12 or 406 of the Controlled Substances Act (21 U.S.C. 841
13 and 846) or section 1010 or 1013 of the Controlled Sub14 stances Import and Export Act (21 U.S.C. 960 and 963)
15 for which the statutory minimum term of imprisonment
16 is 10 years, the court may impose a sentence as if the
17 statutory minimum term of imprisonment was 5 years, if
18 the court finds at sentencing, after the Government has
19 been afforded the opportunity to make a recommendation,

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20 that
21

(1) the defendant does not have a prior convic-

22

tion for a serious drug felony or serious violent fel-

23

ony as defined in paragraphs (57) and (58), respec-

24

tively, of section 102 of the Controlled Substances

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12
1

Act (21 U.S.C. 802) that was made final prior to

the commission 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 of-

fense did not result in death or serious bodily injury

to any person;

(3) the defendant did not play an enhanced

10

role in the offense by acting as an organizer, leader,

11

manager, or supervisor of other participants in the

12

offense, as determined under the sentencing guide-

13

lines, or by exercising substantial authority or con-

14

trol over the criminal activity of a criminal organiza-

15

tion, regardless of whether the defendant was a

16

member of such organization;

17

(4) the defendant did not act as an importer,

18

exporter, high-level distributor or supplier, whole-

19

saler, or manufacturer of the controlled substances

20

involved in the offense or engage in a continuing

21

criminal enterprise, as defined in section 408 of the

22

Controlled Substances Act (21 U.S.C. 848);

23

(5) the defendant did not distribute a con-

24

trolled substance to or with a person under 18 years

25

of age; and

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(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 infor-

mation shall not preclude a determination by the

10

court that the defendant has complied with this re-

11

quirement.

12

(j) DEFINITIONS.As used in subsection (i) of this

13 section
14

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15

(1) the term importer, exporter, or high-level

distributor or supplier

16

(A) means a defendant who imported, ex-

17

ported, or otherwise distributed or supplied

18

large quantities of a controlled substance to

19

other drug distributors; and

20

(B) does not include a defendant whose

21

role was limited to transporting drugs or money

22

at the direction of others;

23

(2) the term manufacturer means a defend-

24

ant who grew, produced, or manufactured a con-

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trolled substance and was the principal owner of

such controlled 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

7 section shall apply only to a conviction entered on or after

8 the date of enactment of this Act.
9

SEC. 5. CLARIFICATION OF SECTION 924(c) OF TITLE 18,

10
11

UNITED STATES CODE.

(a) IN GENERAL.Section 924(c)(1)(C) of title 18,

12 United States Code, is amended

13

(1) in the matter preceding clause (i), by strik-

14

ing second or subsequent conviction under this sub-

15

section and inserting violation of this subsection

16

that occurs after a prior conviction under this sub-

17

section or under State law for a crime of violence

18

that contains as an element of the offense the car-

19

rying, brandishing, or use of a firearm has become

20

final; and

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21

(2) in clause (i), by striking not less than 25

22

years and inserting not less than 15 years.

23

(b) APPLICABILITY TO PENDING AND PAST CASES.

24
25

(1) PENDING

CASES.This

section, and the

amendments made by this section, shall apply to any

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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

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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 pen-

alty is amended by this section and was sen-

10

tenced to a term of imprisonment for the of-

11

fense, the sentencing court may, on motion of

12

the defendant or the Director of the Bureau of

13

Prisons, or on its own motion, upon prior notice

14

to the Government, reduce the term of impris-

15

onment for the offense, after considering the

16

factors set forth in section 3553(a) of title 18,

17

United States Code, the nature and seriousness

18

of the danger to any person or the community,

19

and the post-sentencing conduct of the defend-

20

ant, if such a reduction is consistent with this

21

section and the amendments made by this sec-

22

tion.

23

(B) EXCEPTION.Subparagraph (A) does

24

not apply in the case of an offense affected by

25

the amendment made in subsection (a)(2) with

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regard to a defendant who has a prior convic-

tion for a serious violent felony, as defined in

section 102(58) of the Controlled Substances

Act.

SEC. 6. AMENDMENT TO CERTAIN PENALTIES FOR CER-

TAIN FIREARM OFFENSES AND ARMED CA-

REER CRIMINAL PROVISION.

(a) AMENDMENTS.Section 924 of title 18, United

9 States Code, is amended

10

(1) in subsection (a)(2), by striking not more

11

than 10 years and inserting not more than 15

12

years; and

13

(2) in subsection (e)(1), by striking not less

14

than 15 years and inserting not less than 10

15

years.

16

(b) APPLICABILITY TO PENDING AND PAST CASES.

17

(1) PENDING

section, and the

18

amendments made by this section, shall apply to any

19

offense that was committed before the date of enact-

20

ment of this Act, if a sentence for the offense has

21

not been imposed as of such date of enactment.

22

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CASES.This

(2) PAST

CASES.In

the case of a defendant

23

(other than a defendant with a prior conviction for

24

a serious violent felony, as defined in section

25

102(58) of the Controlled Substances Act) who, be-

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fore 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 impris-

onment for the offense, the sentencing court may, on

motion of the defendant or the Director of the Bu-

reau 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

10

States Code, the nature and seriousness of the dan-

11

ger to any person or the community, and the post-

12

sentencing conduct of the defendant, if such a reduc-

13

tion is consistent with this section and the amend-

14

ments made by this section.

15

SEC. 7. APPLICATION OF FAIR SENTENCING ACT.

16

(a) DEFINITION

OF

COVERED OFFENSE.In this

17 section, the term covered offense means a violation of

18 a Federal criminal statute, the statutory penalties for
19 which were modified by section 2 or 3 of the Fair Sen20 tencing Act of 2010 (Public Law 111220; 124 Stat.
21 2372), that was committed before August 3, 2010.
22

(b) DEFENDANTS PREVIOUSLY SENTENCED.A

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23 court that imposed a sentence for a covered offense, may,

24 on motion of the defendant, the Director of the Bureau
25 of Prisons, the attorney for the Government, or the court,
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18
1 impose a reduced sentence as if sections 2 and 3 of the
2 Fair Sentencing Act of 2010 (Public Law 111220; 124
3 Stat. 2372) were in effect at the time the covered offense
4 was committed.
5

(c) LIMITATIONS.No court shall entertain a motion

6 made under this section to reduce a sentence if the sen7 tence was imposed or reduced to a sentence greater than
8 the applicable mandatory minimum in accordance with the
9 amendments made by sections 2 and 3 of the Fair Sen10 tencing Act of 2010 (Public Law 111220; 124 Stat.
11 2372), or if a motion made pursuant to section 2 or 3
12 of the Fair Sentencing Act or under this section was de13 nied by a court because a reduction in the defendants
14 term of imprisonment would pose a danger to any person
15 or the community or was denied by a court because of
16 the defendants post-sentencing conduct. Nothing in this
17 section shall require a court to reduce any sentence pursu18 ant to this section.

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