,i  #aadth ,,congress  #ast ,session    
,h4 ,r4 #cgac  ,,in ,,the ,,house ,,of  
,,representatives  ,october #h1 #bjae   
,mr4 ,goodlatte 7for himself1 ,mr4      
,conyers1 ,ms4 ,jackson ,lee1 ,mr4      
,labrador1 ,mr4 ,bishop of ,michigan1   
,ms4 ,judy ,chu of ,california1 ,mr4    
,chabot1 ,mr4 ,nadler1 ,mr4 ,chaffetz1  
,mr4 ,cohen1 ,mr4 ,collins of ,georgia1 
,mr4 ,deutch1 ,mrs4 ,mimi ,walters of   
,california1 ,ms4 ,del,bene1 ,mr4       
,trott1 ,mr4 ,cicilline1 ,mr4 ,rooney of
 ,florida1 and ,mr4 ,pierluisi7         
introduced the following bill2 which was
 referred to the ,committee on the      
,judiciary1 and in addition to the      
,committee on ,energy and ,commerce1 for
 a period to be subsequently determined 
by the ,speaker1 in each case for       
consideration of such provisions as fall
 within the jurisdiction of the         
committee concerned  ,a ,,bill  ,to     
reform sentencing laws1 and for other   
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,sentencing ,reform 

,act of #bjae4  #b4 ,reduce and restrict
 enhanced sentencing for prior drug     
felonies  7a7 ,controlled substances act
 amendments ,the ,controlled ,substances
 ,act 7#ba ,u4,s4,c4 #hja et seq47 is   
amended--  7#a7 in section #ajb 7#ba    
,u4,s4,c4 #hjb71 by adding at the end   
the following3  7#eg7 ,the term serious 
drug felony means an offense described  
in section #ibd7;e77#b77;,a7 of title   
#ah1 ,united ,states ,code1 for which   
the offender served a term of           
imprisonment of more than #ab months4   
7#eh7 ,the term serious violent felony  
means an offense-- 7,a7 described in    
section #ceei7;c77#b77;,f7 of title #ah1
 ,united ,states ,code1 for which the   
offender served a term of imprisonment  
of more than #ab months2 or  7,b7 that  
would be a felony violation of section  
#aac of title #ah1 ,united ,states      
,code1 if the offense were committed in 
the special maritime and territorial    
jurisdiction of the ,united ,states1 for
 which the offender served a term of    

imprisonment of more than #ab months4  2
  7#b7 in section #dja7;b77#a7 7#ba     
,u4,s4,c4 #hda7;b77#a77-- 7,a7 in       
subparagraph 7,a71 in the flush text    
following clause 7viii7--  7i7 by       
striking ,if any person commits such a  
violation after a prior conviction for a
 felony drug offense has become final1  
such person shall be sentenced to a term
 of imprisonment which may not be less  
than #bj years and inserting the        
following3 ,if any person commits such a
 violation after a prior conviction for 
a serious drug felony or serious violent
 felony has become final1 such person   
shall be sentenced to a term of         
imprisonment of not less than #ae years2
 and  7ii7 by striking after two or more
 prior convictions for a felony drug    
offense have become final1 such person  
shall be sentenced to a mandatory term  
of life imprisonment without release and
 inserting the following3 after #b or   
more prior convictions for a serious    
drug felony or serious violent felony   

have become final1 such person shall be 
sentenced to a term of imprisonment of  
not less than #be years2 and  7,b7 in   
subparagraph 7,b71 in the flush text    
following clause 7viii71 by striking ,if
 any person commits such a violation    
after a prior conviction for a felony   
drug offense has become final and       
inserting the following3 ,if any person 
commits such a violation after a prior  
conviction for a serious drug felony or 
serious violent felony has become final2
 and  7#c7 by adding at the end of      
section #dja7;b7 7#ba ,u4,s4,c4         
#hda7;b77 the following3  7#h7 ,in the  
case of a violation of subsection 7a71  
if the mixture or substance containing a
 detectable amount of heroin also       
contains a detectable amount of         
,n-phenyl-,n- #a-7b-phenylethyl7        
-#d-piperidinyl propanamide or any      
analogue of ,n-phenyl-,n-               
#a-7b-phenylethyl7 -#d-piperidinyl      
propanamide1 then a court shall--  7,a7 
not impose a term of probation2  7,b7 in

 addition to the term of punishment for 
the violation of this section1 impose a 
term of imprisonment not to exceed #e   
years2 and  7,c7 no term of imprisonment
 imposed on a person under subparagraph 
7,b7 shall run concurrently with any    
term of imprisonment imposed on the     
person under any other provision of law4
  7#i7 ,in the case of a violation of   
subsection 7a71 if the mixture or       
substance containing a detectable amount
 of ,n-phenyl-,n- #a-7b-phenylethyl7    
-#d-piperidinyl propanamide or any      
analogue of ,n-phenyl-,n-               
#a-7b-phenylethyl7 -#d-piperidinyl      
propanamide was represented to be or    
sold as heroin1 then a court shall--    
7,a7 not impose a term of probation2    
7,b7 in addition to the term of         
punishment for the violation of this    
section1 impose a term of imprisonment  
not to exceed #e years2 and  7,c7 no    
term of imprisonment imposed on a person
 under subparagraph 7,b7 shall run      
concurrently with any term of           

imprisonment imposed on the person under
 any other provision of law4  4  7b7    
,controlled substances ,import and      
,export ,act amendments ,section        
#ajaj7;b7 of the ,controlled ,substances
 ,import and ,export ,act 7#ba ,u4,s4,c4
 #ifj7;b77 is amended-- 7#a7 in         
paragraph 7#a71 in the flush text       
following subparagraph 7,h71 by striking
 ,if any person commits such a violation
 after a prior conviction for a felony  
drug offense has become final1 such     
person shall be sentenced to a term of  
imprisonment of not less than #bj 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 final1
 such person shall be sentenced to a    
term of imprisonment of not less than   
#ae years2  7#b7 in paragraph 7#b71 in  
the flush text following subparagraph   
7,h71 by striking felony drug offense   
and inserting serious drug felony or    
serious violent felony2 and  7#c7 by    

adding at the end the following3  7#h7  
,in the case of a violation of          
subsection 7a71 if the mixture or       
substance containing a detectable amount
 of heroin also contains a detectable   
amount of ,n-phenyl-,n-                 
#a-7b-phenylethyl7 -#d-piperidinyl      
propanamide or any analogue of          
,n-phenyl-,n- #a-7b-phenylethyl7        
-#d-piperidinyl propanamide1 then a     
court shall--  7,a7 not impose a term of
 probation2  7,b7 in addition to the    
term of punishment for the violation of 
this section1 impose a term of          
imprisonment not to exceed #e years2 and
  7,c7 no term of imprisonment imposed  
on a person under subparagraph 7,b7     
shall run concurrently with any term of 
imprisonment imposed on the person under
 any other provision of law4  7#i7 ,in  
the case of a violation of subsection   
7a71 if the mixture or substance        
containing a detectable amount of       
,n-phenyl-,n- #a-7b-phenylethyl7        
-#d-piperidinyl propanamide or any      

analogue of ,n-phenyl-,n-               
#a-7b-phenylethyl7 -#d-piperidinyl      
propanamide was represented to be or    
sold as heroin1 then a court shall--    
7,a7 not impose a term of probation2    
7,b7 in addition to the term of         
punishment for the violation of this    
section1 impose a term of imprisonment  
not to exceed #e years2 and  7,c7 no    
term of imprisonment imposed on a person
 under subparagraph 7,b7 shall run      
concurrently with any term of           
imprisonment imposed on the person under
 any other provision of law4  4  7c7    
,applicability to pending and past cases
  7#a7 ,pending cases ,this section1 and
 the amendments made by this section1   
shall apply to any offense that was     
committed before the date of enactment  
of this ,act1 if a sentence for the     
offense has not been imposed as of such 
date of enactment4  7#b7 ,past cases    
7,a7 ,general rule ,in the case of a    
defendant 7other than a defendant with a
 prior conviction for a qualifying      

serious violent felony7 who1 before the 
date of enactment of this ,act1 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 offense1 the       
sentencing court may1 on motion of the  
defendant or the ,director of the       
,bureau of ,prisons1 or on its own      
motion1 upon prior notice to the        
,government1 reduce the term of         
imprisonment for the offense1 after     
considering the factors set forth in    
section #ceec7;a7 of title #ah1 ,united 
,states ,code1 the nature and           
seriousness of the danger to any person 
or the community1 and the               
post-sentencing conduct of the          
defendant1 if such a reduction is       
consistent with this section and the    
amendments made by this section4  7,b7  
,definition ,in this paragraph the term 
qualifying serious violent felony means 
an offense that-- 7i7 is a serious      
violent felony as that term is defined  

in section #ajb7eh7 of the ,controlled  
,substances ,act2 and  7ii7 the         
conviction carries #c or more criminal  
history points as determined under the  
,united ,states ,sentencing ,guidelines4
  #c4 ,broadening of existing safety    
valve  7a7 ,amendments ,section #ceec of
 title #ah1 ,united ,states ,code1 is   
amended-- 7#a7 in subsection 7f71 by    
striking paragraph 7#a7 and inserting   
the following3  7#a7 the defendant does 
not have-- 7,a7 more than #d criminal   
history points as determined under the  
sentencing guidelines2  7,b7 a prior    
#c-point offense1 as determined under   
the sentencing guidelines2 and  7,c7 a  
prior #b-point drug trafficking or      
violent offense1 as determined under the
 sentencing guidelines2  2 and  7#b7 by 
adding at the end the following3  7g7   
,inadequacy of criminal history  7#a7   
,in general ,if subsection 7f7 does not 
apply to a defendant because the        
defendant does not meet the requirements
 described in subsection 7f77#a7        

7relating to criminal history71 the     
court may1 upon prior notice to the     
,government1 waive subsection 7f77#a7 if
 the court specifies in writing the     
specific reasons why reliable           
information indicates that excluding the
 defendant pursuant to subsection       
7f77#a7 substantially overrepresents the
 seriousness of the defendant's criminal
 history or the likelihood that the     
defendant will commit other crimes4     
7#b7 ,prohibition ,this subsection shall
 not apply to any defendant who has been
 convicted of a serious drug felony or a
 serious violent felony as defined in   
paragraphs 7#eg7 and 7#eh71             
respectively1 of section #ajb of the    
,controlled ,substances ,act 7#ba       
,u4,s4,c4 #hjb74  7h7 ,definitions ,as  
used in this section-- 7#a7 the term    
drug trafficking offense means an       
offense that is punishable by           
imprisonment under any law of the       
,united ,states1 or of a ,state or      
foreign country1 that prohibits or      

restricts the importation1 manufacture1 
or distribution of controlled substances
 or the possession of controlled        
substances with intent to distribute2   
and  7#b7 the term violent offense means
 a crime of violence1 as defined in     
section #af1 that is punishable by      
imprisonment4  4  7b7 ,applicability    
,the amendments made by this section    
shall apply only to a conviction entered
 on or after the date of enactment of   
this ,act4  #d4 ,limitation on          
application of the #aj-year mandatory   
minimum  7a7 ,amendment ,section #ceec  
of title #ah1 ,united ,states ,code1 as 
amended by section #c1 is amended by    
adding at the end the following3  7i7   
,limitation on applicability of certain 
statutory minimums ,notwithstanding any 
other provision of law1 in the case of a
 conviction under section #dja or #djf  
of the ,controlled ,substances ,act 7#ba
 ,u4,s4,c4 #hda and #hdf7 or section    
#ajaj or #ajac of the ,controlled       
,substances ,import and ,export ,act    

7#ba ,u4,s4,c4 #ifj and #ifc7 for which 
the statutory minimum term of           
imprisonment is #aj years1 the court may
 impose a sentence as if the statutory  
minimum term of imprisonment was #e     
years1 if the court finds at sentencing1
 after the ,government has been afforded
 the opportunity to make a              
recommendation1 that--  7#a7 the        
defendant does not have a prior         
conviction for a serious drug felony or 
serious violent felony as defined in    
paragraphs 7#eg7 and 7#eh71             
respectively1 of section #ajb of the    
,controlled ,substances ,act 7#ba       
,u4,s4,c4 #hjb7 that was made final     
prior to the commission of the instant  
offense2  7#b7 the defendant did not use
 violence or credible threats of        
violence or possess a firearm or other  
dangerous weapon 7or induce another     
participant to do so7 in connection with
 the offense1 and the offense did not   
result in death or serious bodily injury
 to any person2  7#c7 the defendant did 

not play an enhanced role in the offense
 by acting as an organizer1 leader1     
manager1 or supervisor of other         
participants in the offense1 as         
determined under the sentencing         
guidelines1 or by exercising substantial
 authority or control over the criminal 
activity of a criminal organization1    
regardless of whether the defendant was 
a member of such organization2  7#d7 the
 defendant did not act as an importer1  
exporter1 high-level distributor or     
supplier1 wholesaler1 or manufacturer of
 the controlled substances involved in  
the offense or engage in a continuing   
criminal enterprise1 as defined in      
section #djh of the ,controlled         
,substances ,act 7#ba ,u4,s4,c4 #hdh72  
7#e7 the defendant did not distribute a 
controlled substance to or with a person
 under #ah years of age2 and  7#f7 not  
later than the time of the sentencing   
hearing1 the defendant has truthfully   
provided to the ,government all         
information and evidence the defendant  

has concerning the offense or offenses  
that were part of the same course of    
conduct or of a common scheme or plan1  
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 requirement4  7j7 ,definitions
 ,as used in subsection 7i7 of this     
section-- 7#a7 the term importer1       
exporter1 or high-level distributor or  
supplier--  7,a7 means a defendant who  
imported1 exported1 or otherwise        
distributed or supplied large quantities
 of a controlled substance to other drug
 distributors2 and  7,b7 does not       
include a defendant whose role was      
limited to transporting drugs or money  
at the direction of others2  7#b7 the   
term manufacturer means a defendant who 
grew1 produced1 or manufactured a       
controlled substance and was the        
principal owner of such controlled      

substance2 and  7#c7 the term wholesaler
 means a defendant who sold non-retail  
quantities of a controlled substance to 
other dealers or distributors4  4  7b7  
,applicability ,the amendment made by   
this section shall apply only to a      
conviction entered on or after the date 
of enactment of this ,act4  #e4         
,clarification of section #ibd7;c7 of   
title #ah1 ,united ,states ,code  7a7   
,in general ,section #ibd7;c77#a77;,c7  
of title #ah1 ,united ,states ,code1 is 
amended-- 7#a7 in the matter preceding  
clause 7i71 by striking second or       
subsequent conviction under this        
subsection and inserting violation of   
this subsection that occurs after a     
prior conviction under this subsection  
or under ,state law for a crime of      
violence that contains as an element of 
the offense the carrying1 brandishing1  
or use of a firearm has become final2   
and  7#b7 in clause 7i71 by striking not
 less than #be years and inserting not  
less than #ae years4  7b7 ,applicability

 to pending and past cases  7#a7        
,pending cases ,this section1 and the   
amendments made by this section1 shall  
apply to any offense that was committed 
before the date of enactment of this    
,act1 if a sentence for the offense has 
not been imposed as of such date of     
enactment4  7#b7 ,certain past cases    
7,a7 ,general rule ,except as provided  
in subparagraph 7,b71 in the case of a  
defendant who1 before the date of       
enactment of this ,act1 was convicted of
 an offense for which the penalty is    
amended by this section and was         
sentenced to a term of imprisonment for 
the offense1 the sentencing court may1  
on motion of the defendant or the       
,director of the ,bureau of ,prisons1 or
 on its own motion1 upon prior notice to
 the ,government1 reduce the term of    
imprisonment for the offense1 after     
considering the factors set forth in    
section #ceec7;a7 of title #ah1 ,united 
,states ,code1 the nature and           
seriousness of the danger to any person 

or the community1 and the               
post-sentencing conduct of the          
defendant1 if such a reduction is       
consistent with this section and the    
amendments made by this section4  7,b7  
,exception ,subparagraph 7,a7 does not  
apply in the case of an offense affected
 by the amendment made in subsection    
7a77#b7 with regard to a defendant who  
has a prior conviction for a serious    
violent felony1 as defined in section   
#ajb7eh7 of the ,controlled ,substances 
,act4  #f4 ,amendment to certain        
penalties for certain firearm offenses  
and armed career criminal provision  7a7
 ,amendments ,section #ibd of title #ah1
 ,united ,states ,code1 is amended--    
7#a7 in subsection 7a77#b71 by striking 
not more than #aj years and inserting   
not more than #ae years2 and  7#b7 in   
subsection 7e77#a71 by striking not less
 than #ae years and inserting not less  
than #aj years4  7b7 ,applicability to  
pending and past cases  7#a7 ,pending   
cases ,this section1 and the amendments 

made by this section1 shall apply to any
 offense that was committed before the  
date of enactment of this ,act1 if a    
sentence for the offense has not been   
imposed as of such date of enactment4   
7#b7 ,past cases ,in the case of a      
defendant 7other than a defendant with a
 prior conviction for a serious violent 
felony1 as defined in section #ajb7eh7  
of the ,controlled ,substances ,act7    
who1 before the date of enactment of    
this ,act1 was convicted of an offense  
for which the penalty is amended by this
 section and was sentenced to a term of 
imprisonment for the offense1 the       
sentencing court may1 on motion of the  
defendant or the ,director of the       
,bureau of ,prisons1 or on its own      
motion1 upon prior notice to the        
,government1 reduce the term of         
imprisonment for the offense1 after     
considering the factors set forth in    
section #ceec7;a7 of title #ah1 ,united 
,states ,code1 the nature and           
seriousness of the danger to any person 

or the community1 and the               
post-sentencing conduct of the          
defendant1 if such a reduction is       
consistent with this section and the    
amendments made by this section4  #g4   
,application of ,fair ,sentencing ,act  
7a7 ,definition of covered offense ,in  
this section1 the term covered offense  
means a violation of a ,federal criminal
 statute1 the statutory penalties for   
which were modified by section #b or #c 
of the ,fair ,sentencing ,act of #bjaj  
7,public ,law #aaa-bbj2 #abd ,stat4     
#bcgb71 that was committed before       
,august #c1 #bjaj4  7b7 ,defendants     
previously sentenced ,a court that      
imposed a sentence for a covered        
offense1 may1 on motion of the          
defendant1 the ,director of the ,bureau 
of ,prisons1 the attorney for the       
,government1 or the court1 impose a     
reduced sentence as if sections #b and  
#c of the ,fair ,sentencing ,act of     
#bjaj 7,public ,law #aaa-bbj2 #abd      
,stat4 #bcgb7 were in effect at the time

 the covered offense was committed4  7c7
 ,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 applicable mandatory minimum  
in accordance with the amendments made  
by sections #b and #c of the ,fair      
,sentencing ,act of #bjaj 7,public ,law 
#aaa-bbj2 #abd ,stat4 #bcgb71 or if a   
motion made pursuant to section #b or #c
 of the ,fair ,sentencing ,act or under 
this section was denied by a court      
because a reduction in the defendant's  
term of imprisonment would pose a danger
 to any person or the community or was  
denied by a court because of the        
defendant's post-sentencing conduct4    
,nothing in this section shall require a
 court to reduce any sentence pursuant  
to this section4