[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3979 Reported in House (RH)]
Union Calendar No. 253
103d CONGRESS
2d Session
H. R. 3979
[Report No. 103-460]
_______________________________________________________________________
A BILL
To amend title 18, United States Code, with respect to certain
mandatory minimum sentences.
_______________________________________________________________________
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
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 Representatives 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 section 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 Sentencing Commission
Guidelines Manual;
``(2) the defendant did not use violence or credible
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, leader,
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 Government 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 Commission deems
necessary to harmonize the sentencing guidelines and
policy statements with this section 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 determines it is
necessary to do so in order that the amendments made under
paragraph (1) may take effect on the effective date of the
amendment made by subsection (a), the Commission may promulgate
the amendments made under paragraph (1) in accordance 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 amendment 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 promulgate 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 section, so that the lowest sentence in the guideline range is not
less than 2 years in those cases where a 5-year minimum would otherwise
apply.
SEC. 4. SPECIAL RULE.
For the purpose of section 3582(c)(2) of title 18, United States
Code, with respect to a prisoner the court determines 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.