[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.